AB 1808: Childcare and development services: eligibility.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 356, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. Under the act, upon establishing initial eligibility or ongoing eligibility for services, a family is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 24 months, except as specified. Among other exceptions, a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 12 months.
This bill would delete that 12-month exception for CalWORKs Stage 1, Stage 2, or Stage 3 programs, and make technical, conforming changes.
Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. Under the act, upon establishing initial eligibility or ongoing eligibility for services, a family is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 24 months, except as specified. Among other exceptions, a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 12 months.
This bill would delete that 12-month exception for CalWORKs Stage 1, Stage 2, or Stage 3 programs, and make technical, conforming changes.
Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. Under the act, upon establishing initial eligibility or ongoing eligibility for services, a family is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 24 months, except as specified. Among other exceptions, a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 12 months.
This bill would delete that 12-month exception for CalWORKs Stage 1, Stage 2, or Stage 3 programs. programs, and make technical, conforming changes.
Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. Under the act, upon establishing initial eligibility or ongoing eligibility for services, a family is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 24 months, except as specified. Among other exceptions, a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 12 months.
This bill would delete that 12-month exception for CalWORKs Stage 1, Stage 2, or Stage 3 programs.
(a)(1)The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas:
(A)A family is (i) a current aid recipient, (ii) income eligible, (iii) homeless, (iv) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited, or (v) one who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. If a family is deemed eligible pursuant to clause (v), the family shall be prioritized by the income declared on the application for the means-tested government program.
(B)A family needs the childcare services (i) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (I) a recipient of protective services, (II) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (III) being homeless or (ii) because the parents are (I) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (II) engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate, (III) employed or seeking employment, (IV) seeking permanent housing for family stability, or (V) incapacitated.
(2)If only one parent has signed an application for enrollment in childcare services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(b)Except as provided in Chapter 21 (commencing with Section 10370), priority for federal and state subsidized child development services is as follows:
(1)First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child.
(2)Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the department, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the family of the same priority in which the primary home language is a language other than English shall be admitted first. If there is no family of the same priority in which the primary home language is a language other than English, the family of the same priority that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, grants of public assistance recipients shall be counted as income.
(3)The department shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c)Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded childcare and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded childcare and development program if the contractor is able to transfer the familys enrollment to another program for which the family is eligible before the date of termination of services or to exchange the familys existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded childcare and development programs.
(d)A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a childcare and development program of a child whose parent or guardian files a letter with the governing board of the childcare and development program stating that the medical examination or immunization is contrary to the parents or guardians religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the childcare and development program is satisfied that the child is not suffering from that contagious or infectious disease.
(e)Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The department shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or children with exceptional needs.
(f)The department shall establish guidelines for the collection of employer-sponsored childcare benefit payments from a parent whose child receives subsidized childcare and development services. These guidelines shall provide for the collection of the full amount of the benefit payment, but not to exceed the actual cost of childcare and development services provided, notwithstanding the applicable fee based on the fee schedule.
(g)The department shall establish guidelines according to which the director or a duly authorized representative of the childcare and development program will certify children as eligible for state reimbursement pursuant to this section.
(h)(1)Except as provided in paragraphs (3) and (4), upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2)In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 10213.5.
(3)A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 10271.5, and the familys ongoing eligibility for services shall at that time be recertified.
(4)A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the familys fees, increase the familys services, or extend the period of the familys eligibility before recertification.
(i)(1)Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the familys circumstances during that same period.
(2)Notwithstanding paragraph (1), the department may seek to recover payments that are the result of fraud.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
(2)The department shall initiate a rulemaking action to implement subdivision (h) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (h).
(k)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (h) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023.
(2)The department shall initiate a rulemaking action to implement the changes made to subdivision (h) by the act that added this subdivision on or before December 31, 2024.
(l)Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees.
SEC. 2.Section 11323.1 of the Welfare and Institutions Code is amended to read:11323.1.The Legislature finds and declares all of the following:
(a)The California Work Opportunity and Responsibility to Kids (CalWORKs) program serves the poorest families with children in the state by providing a basic needs cash grant and support services needed for family stabilization, employment, or job training. Childcare is a critical support service for CalWORKs families.
(b)Children in poverty are most in need of quality, stable early care and education to achieve their full potential. Research demonstrates the benefits of providing early care and education to ameliorate the effects of poverty and address inequities before achievement gaps widen.
(c)Families that are initially afforded the opportunity to participate in CalWORKs childcare are more likely to avoid sanction, and to be able to promptly participate in the necessary activities and progress toward economic stability, knowing that their children are in a safe, nurturing environment.
(d)While families may have access to other forms of childcare, in 2017, less than 30 percent of parents or other adult caretakers who were participating in the CalWORKs Welfare-to-Work Program and were responsible for the care of an eligible child were receiving Stage 1 childcare services.
(e)All Childcare and Development Services Act programs, except for CalWORKs childcare, have adopted 24-month continuous eligibility rules pursuant to subdivision (h) of Section 10271. Aligning CalWORKs childcare eligibility periods with all other childcare and development programs will benefit families, childcare providers, and the state and local agencies that administer the various childcare programs.
SEC. 3.Section 11323.2 of the Welfare and Institutions Code is amended to read:11323.2.(a)Necessary supportive services shall be offered and available to every participant to enable them to participate in a program activity or to accept or maintain employment. Necessary supportive services shall also be offered and available to every individual who is not required to participate, but chooses to participate voluntarily, to allow them to participate in a program activity or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services shall have good cause for not participating under subdivision (f) of Section 11320.3. Supportive services shall be listed in the welfare-to-work plan or other agreement entered into between the county and participant pursuant to this article, supportive services shall include all of the following:
(1)Childcare.
(A)Paid childcare shall be available to every participant with a dependent child in the household who needs paid childcare if the child is 12 years of age or under, or requires childcare or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county human services agency, or who is under court supervision. A county human services agency may verify the need for childcare or supervision for a child over 12 years of age from an individualized education plan or a statement from a qualified professional that the child is a child with exceptional needs, as defined in Section 10213.5. A sanctioned participant shall have access to childcare pursuant to this section if the participant has indicated an intent to engage in a program activity or employment, but has not yet participated.
(B)First-stage childcare, as described in Chapter 21 (commencing with Section 10370) of Part 1.8, shall be full time, unless the participant determines that part-time care better meets the familys needs. Upon establishing initial or ongoing eligibility for first-stage childcare services under this chapter, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 24 months, or until the participant is transferred to the second stage of childcare. This shall apply to every participant who indicates a need for childcare in order to engage in a program activity or employment. A participant may, at any time, indicate a new or increased need for childcare and the information shall be used, as applicable, to authorize childcare in accordance with this subparagraph or increase the familys services.
(C)Necessary childcare services shall be available to every former recipient for up to two years, pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8. Beginning January 1, 2021, or the date that automation changes occur, as required for implementation, in the Statewide Automated Welfare System, whichever date is later, in the 18th month following the date of last receipt of aid, the county shall send a notice, via mail to the last known address, text message, or email, to a former recipient who is not currently receiving second- or third-stage childcare informing them that their eligibility for stage-two childcare will expire by the end of the 24th month following their last receipt of aid, and how to obtain stage-two childcare services. The department shall issue an all-county letter or similar directive by November 1, 2019, to implement this subparagraph, until regulations are adopted.
(D)A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.), or a child who is not a member of the assistance unit but for whom the recipient is responsible for providing support, shall be deemed to be a dependent child for the purposes of this paragraph.
(E)The provision of care and payment rates under this paragraph shall be governed by Chapter 21 (commencing with Section 10370) of Part 1.8. Parent fees shall be governed by Sections 10271 and 10291.
(F)For purposes of subparagraphs (A) and (B), a participant includes an individual who is not required to participate, and expresses an intent to participate voluntarily, or a sanctioned participant who indicates an intent to engage in any program activity, as defined in subdivision (c), or employment. After securing childcare services, to document their commitment to participate, a participant shall sign a welfare-to-work plan or a curing plan, whichever is appropriate, or other agreement that may be developed and approved for use on a statewide basis by the department.
(2)Diaper costs.
(A)On and after April 1, 2018, a participant who is participating in a welfare-to-work plan shall be eligible for thirty dollars ($30) per month to assist with diaper costs for each child who is under 36 months of age.
(B)The department shall adopt regulations by January 1, 2020, to implement this paragraph. Notwithstanding the rulemaking provisions of 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 department shall implement this paragraph through all-county letters until regulations are adopted.
(3)Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department.
(4)Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.
(5)Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling and related supportive services, to help the participant and the participants family adjust to the participants job or training assignment.
(b)If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment.
(c)For the purposes of paragraph (1) of subdivision (a), program activity includes, but is not limited to, any welfare-to-work activity, orientation, appraisal, assessment, job search, job club, domestic violence services, court appearances, housing searches and classes, homeless support programs, shelter participation requirements, eviction proceedings, mental health services, including therapy or personal counseling, home visiting, drug and substance abuse services, parenting classes, and medical or education-related appointments for the participant or their dependents.
(a)(1)The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas:
(A)A family is (i) a current aid recipient, (ii) income eligible, (iii) homeless, (iv) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited, or (v) one who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. If a family is deemed eligible pursuant to clause (v), the family shall be prioritized by the income declared on the application for the means-tested government program.
(B)A family needs the childcare services (i) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (I) a recipient of protective services, (II) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (III) being homeless or (ii) because the parents are (I) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (II) engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate, (III) employed or seeking employment, (IV) seeking permanent housing for family stability, or (V) incapacitated.
(2)If only one parent has signed an application for enrollment in childcare services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(b)Except as provided in Chapter 21 (commencing with Section 10370), priority for federal and state subsidized child development services is as follows:
(1)First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child.
(2)Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the department, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the family of the same priority in which the primary home language is a language other than English shall be admitted first. If there is no family of the same priority in which the primary home language is a language other than English, the family of the same priority that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, grants of public assistance recipients shall be counted as income.
(3)The department shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c)Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded childcare and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded childcare and development program if the contractor is able to transfer the familys enrollment to another program for which the family is eligible before the date of termination of services or to exchange the familys existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded childcare and development programs.
(d)A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a childcare and development program of a child whose parent or guardian files a letter with the governing board of the childcare and development program stating that the medical examination or immunization is contrary to the parents or guardians religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the childcare and development program is satisfied that the child is not suffering from that contagious or infectious disease.
(e)Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The department shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or children with exceptional needs.
(f)The department shall establish guidelines for the collection of employer-sponsored childcare benefit payments from a parent whose child receives subsidized childcare and development services. These guidelines shall provide for the collection of the full amount of the benefit payment, but not to exceed the actual cost of childcare and development services provided, notwithstanding the applicable fee based on the fee schedule.
(g)The department shall establish guidelines according to which the director or a duly authorized representative of the childcare and development program will certify children as eligible for state reimbursement pursuant to this section.
(h)(1)Except as provided in paragraphs (3) and (4), upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2)In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 10213.5.
(3)A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 10271.5, and the familys ongoing eligibility for services shall at that time be recertified.
(4)A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the familys fees, increase the familys services, or extend the period of the familys eligibility before recertification.
(i)(1)Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the familys circumstances during that same period.
(2)Notwithstanding paragraph (1), the department may seek to recover payments that are the result of fraud.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
(2)The department shall initiate a rulemaking action to implement subdivision (h) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (h).
(k)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (h) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023.
(2)The department shall initiate a rulemaking action to implement the changes made to subdivision (h) by the act that added this subdivision on or before December 31, 2024.
(l)Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees.
SEC. 2.Section 11323.1 of the Welfare and Institutions Code is amended to read:11323.1.The Legislature finds and declares all of the following:
(a)The California Work Opportunity and Responsibility to Kids (CalWORKs) program serves the poorest families with children in the state by providing a basic needs cash grant and support services needed for family stabilization, employment, or job training. Childcare is a critical support service for CalWORKs families.
(b)Children in poverty are most in need of quality, stable early care and education to achieve their full potential. Research demonstrates the benefits of providing early care and education to ameliorate the effects of poverty and address inequities before achievement gaps widen.
(c)Families that are initially afforded the opportunity to participate in CalWORKs childcare are more likely to avoid sanction, and to be able to promptly participate in the necessary activities and progress toward economic stability, knowing that their children are in a safe, nurturing environment.
(d)While families may have access to other forms of childcare, in 2017, less than 30 percent of parents or other adult caretakers who were participating in the CalWORKs Welfare-to-Work Program and were responsible for the care of an eligible child were receiving Stage 1 childcare services.
(e)All Childcare and Development Services Act programs, except for CalWORKs childcare, have adopted 24-month continuous eligibility rules pursuant to subdivision (h) of Section 10271. Aligning CalWORKs childcare eligibility periods with all other childcare and development programs will benefit families, childcare providers, and the state and local agencies that administer the various childcare programs.
SEC. 3.Section 11323.2 of the Welfare and Institutions Code is amended to read:11323.2.(a)Necessary supportive services shall be offered and available to every participant to enable them to participate in a program activity or to accept or maintain employment. Necessary supportive services shall also be offered and available to every individual who is not required to participate, but chooses to participate voluntarily, to allow them to participate in a program activity or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services shall have good cause for not participating under subdivision (f) of Section 11320.3. Supportive services shall be listed in the welfare-to-work plan or other agreement entered into between the county and participant pursuant to this article, supportive services shall include all of the following:
(1)Childcare.
(A)Paid childcare shall be available to every participant with a dependent child in the household who needs paid childcare if the child is 12 years of age or under, or requires childcare or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county human services agency, or who is under court supervision. A county human services agency may verify the need for childcare or supervision for a child over 12 years of age from an individualized education plan or a statement from a qualified professional that the child is a child with exceptional needs, as defined in Section 10213.5. A sanctioned participant shall have access to childcare pursuant to this section if the participant has indicated an intent to engage in a program activity or employment, but has not yet participated.
(B)First-stage childcare, as described in Chapter 21 (commencing with Section 10370) of Part 1.8, shall be full time, unless the participant determines that part-time care better meets the familys needs. Upon establishing initial or ongoing eligibility for first-stage childcare services under this chapter, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 24 months, or until the participant is transferred to the second stage of childcare. This shall apply to every participant who indicates a need for childcare in order to engage in a program activity or employment. A participant may, at any time, indicate a new or increased need for childcare and the information shall be used, as applicable, to authorize childcare in accordance with this subparagraph or increase the familys services.
(C)Necessary childcare services shall be available to every former recipient for up to two years, pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8. Beginning January 1, 2021, or the date that automation changes occur, as required for implementation, in the Statewide Automated Welfare System, whichever date is later, in the 18th month following the date of last receipt of aid, the county shall send a notice, via mail to the last known address, text message, or email, to a former recipient who is not currently receiving second- or third-stage childcare informing them that their eligibility for stage-two childcare will expire by the end of the 24th month following their last receipt of aid, and how to obtain stage-two childcare services. The department shall issue an all-county letter or similar directive by November 1, 2019, to implement this subparagraph, until regulations are adopted.
(D)A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.), or a child who is not a member of the assistance unit but for whom the recipient is responsible for providing support, shall be deemed to be a dependent child for the purposes of this paragraph.
(E)The provision of care and payment rates under this paragraph shall be governed by Chapter 21 (commencing with Section 10370) of Part 1.8. Parent fees shall be governed by Sections 10271 and 10291.
(F)For purposes of subparagraphs (A) and (B), a participant includes an individual who is not required to participate, and expresses an intent to participate voluntarily, or a sanctioned participant who indicates an intent to engage in any program activity, as defined in subdivision (c), or employment. After securing childcare services, to document their commitment to participate, a participant shall sign a welfare-to-work plan or a curing plan, whichever is appropriate, or other agreement that may be developed and approved for use on a statewide basis by the department.
(2)Diaper costs.
(A)On and after April 1, 2018, a participant who is participating in a welfare-to-work plan shall be eligible for thirty dollars ($30) per month to assist with diaper costs for each child who is under 36 months of age.
(B)The department shall adopt regulations by January 1, 2020, to implement this paragraph. Notwithstanding the rulemaking provisions of 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 department shall implement this paragraph through all-county letters until regulations are adopted.
(3)Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department.
(4)Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.
(5)Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling and related supportive services, to help the participant and the participants family adjust to the participants job or training assignment.
(b)If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment.
(c)For the purposes of paragraph (1) of subdivision (a), program activity includes, but is not limited to, any welfare-to-work activity, orientation, appraisal, assessment, job search, job club, domestic violence services, court appearances, housing searches and classes, homeless support programs, shelter participation requirements, eviction proceedings, mental health services, including therapy or personal counseling, home visiting, drug and substance abuse services, parenting classes, and medical or education-related appointments for the participant or their dependents.
(a)(1)The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas:
(A)A family is (i) a current aid recipient, (ii) income eligible, (iii) homeless, (iv) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited, or (v) one who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. If a family is deemed eligible pursuant to clause (v), the family shall be prioritized by the income declared on the application for the means-tested government program.
(B)A family needs the childcare services (i) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (I) a recipient of protective services, (II) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (III) being homeless or (ii) because the parents are (I) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (II) engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate, (III) employed or seeking employment, (IV) seeking permanent housing for family stability, or (V) incapacitated.
(2)If only one parent has signed an application for enrollment in childcare services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(b)Except as provided in Chapter 21 (commencing with Section 10370), priority for federal and state subsidized child development services is as follows:
(1)First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child.
(2)Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the department, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the family of the same priority in which the primary home language is a language other than English shall be admitted first. If there is no family of the same priority in which the primary home language is a language other than English, the family of the same priority that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, grants of public assistance recipients shall be counted as income.
(3)The department shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c)Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded childcare and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded childcare and development program if the contractor is able to transfer the familys enrollment to another program for which the family is eligible before the date of termination of services or to exchange the familys existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded childcare and development programs.
(d)A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a childcare and development program of a child whose parent or guardian files a letter with the governing board of the childcare and development program stating that the medical examination or immunization is contrary to the parents or guardians religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the childcare and development program is satisfied that the child is not suffering from that contagious or infectious disease.
(e)Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The department shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or children with exceptional needs.
(f)The department shall establish guidelines for the collection of employer-sponsored childcare benefit payments from a parent whose child receives subsidized childcare and development services. These guidelines shall provide for the collection of the full amount of the benefit payment, but not to exceed the actual cost of childcare and development services provided, notwithstanding the applicable fee based on the fee schedule.
(g)The department shall establish guidelines according to which the director or a duly authorized representative of the childcare and development program will certify children as eligible for state reimbursement pursuant to this section.
(h)(1)Except as provided in paragraphs (3) and (4), upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2)In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 10213.5.
(3)A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 10271.5, and the familys ongoing eligibility for services shall at that time be recertified.
(4)A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the familys fees, increase the familys services, or extend the period of the familys eligibility before recertification.
(i)(1)Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the familys circumstances during that same period.
(2)Notwithstanding paragraph (1), the department may seek to recover payments that are the result of fraud.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
(2)The department shall initiate a rulemaking action to implement subdivision (h) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (h).
(k)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (h) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023.
(2)The department shall initiate a rulemaking action to implement the changes made to subdivision (h) by the act that added this subdivision on or before December 31, 2024.
(l)Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees.
SEC. 2.Section 11323.1 of the Welfare and Institutions Code is amended to read:11323.1.The Legislature finds and declares all of the following:
(a)The California Work Opportunity and Responsibility to Kids (CalWORKs) program serves the poorest families with children in the state by providing a basic needs cash grant and support services needed for family stabilization, employment, or job training. Childcare is a critical support service for CalWORKs families.
(b)Children in poverty are most in need of quality, stable early care and education to achieve their full potential. Research demonstrates the benefits of providing early care and education to ameliorate the effects of poverty and address inequities before achievement gaps widen.
(c)Families that are initially afforded the opportunity to participate in CalWORKs childcare are more likely to avoid sanction, and to be able to promptly participate in the necessary activities and progress toward economic stability, knowing that their children are in a safe, nurturing environment.
(d)While families may have access to other forms of childcare, in 2017, less than 30 percent of parents or other adult caretakers who were participating in the CalWORKs Welfare-to-Work Program and were responsible for the care of an eligible child were receiving Stage 1 childcare services.
(e)All Child Care Childcare and Development Services Act programs, except for CalWORKs Stage 1 childcare, have adopted 12-month 24-month continuous eligibility rules pursuant to subdivision (h) of Section 8263 of the Education Code. 10271. Aligning Stage 1 CalWORKs childcare eligibility periods with all other childcare and development programs will benefit families, childcare providers, and the state and local agencies that administer the various childcare programs.
SEC. 3.Section 11323.2 of the Welfare and Institutions Code is amended to read:11323.2.(a)Necessary supportive services shall be offered and available to every participant to enable them to participate in a program activity or to accept or maintain employment. Necessary supportive services shall also be offered and available to every individual who is not required to participate, but chooses to participate voluntarily, to allow them to participate in a program activity or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services shall have good cause for not participating under subdivision (f) of Section 11320.3. Supportive services shall be listed in the welfare-to-work plan or other agreement entered into between the county and participant pursuant to this article, supportive services shall include all of the following:
(1)Child care. Childcare.
(A)Paid child care childcare shall be available to every participant with a dependent child in the household who needs paid child care childcare if the child is 12 years of age or under, or requires child care childcare or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, human services agency, or who is under court supervision. A county welfare department human services agency may verify the need for child care childcare or supervision for a child over 12 years of age from an individualized education plan or a statement from a qualified professional that the child is a child with exceptional needs, as defined in Section 10213.5. A sanctioned participant shall have access to child care childcare pursuant to this section if the participant has indicated an intent to engage in a program activity or employment, but has not yet participated.
(B)First-stage child care, childcare, as described in Chapter 21 (commencing with Section 10370) of Part 1.8, shall be full time, unless the participant determines that part-time care better meets the familys needs. Upon establishing initial or ongoing eligibility for first-stage child care childcare services under this chapter, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 12 24 months, or until the participant is transferred to the second stage of child care. childcare. This shall apply to every participant who indicates a need for child care childcare in order to engage in a program activity or employment. A participant may, at any time, indicate a new or increased need for child care childcare and the information shall be used, as applicable, to authorize child care childcare in accordance with this subparagraph or increase the familys services.
(C)Necessary child care childcare services shall be available to every former recipient for up to two years, pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8. Beginning January 1, 2021, or the date that automation changes occur, as required for implementation, in the Statewide Automated Welfare System, whichever date is later, in the 18th month following the date of last receipt of aid, the county shall send a notice, via mail to the last known address, text message, or email, to a former recipient who is not currently receiving second or third stage child care second- or third-stage childcare informing them that their eligibility for stage-two child care childcare will expire by the end of the 24th month following their last receipt of aid, and how to obtain stage-two child care childcare services. The department shall issue an all-county letter or similar directive by November 1, 2019, to implement this subparagraph, until regulations are adopted.
(D)A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.), or a child who is not a member of the assistance unit but for whom the recipient is responsible for providing support, shall be deemed to be a dependent child for the purposes of this paragraph.
(E)The provision of care and payment rates under this paragraph shall be governed by Chapter 21 (commencing with Section 10370) of Part 1.8. Parent fees shall be governed by Sections 10271 and 10291.
(F)For purposes of subparagraphs (A) and (B), a participant includes an individual who is not required to participate, and expresses an intent to participate voluntarily, or a sanctioned participant who indicates an intent to engage in any program activity, as defined in subdivision (c), or employment. After securing child care childcare services, to document their commitment to participate, a participant shall sign a welfare-to-work plan or a curing plan, whichever is appropriate, or other agreement that may be developed and approved for use on a statewide basis by the department.
(2)Diaper costs.
(A)On and after April 1, 2018, a participant who is participating in a welfare-to-work plan shall be eligible for thirty dollars ($30) per month to assist with diaper costs for each child who is under 36 months of age.
(B)The department shall adopt regulations by January 1, 2020, to implement this paragraph. Notwithstanding the rulemaking provisions of 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 department shall implement this paragraph through all-county letters until regulations are adopted.
(3)Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department.
(4)Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.
(5)Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling and related supportive services, to help the participant and the participants family adjust to the participants job or training assignment.
(b)If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment.
(c)For the purposes of paragraph (1) of subdivision (a), program activity includes, but is not limited to, any welfare-to-work activity, orientation, appraisal, assessment, job search, job club, domestic violence services, court appearances, housing searches and classes, homeless support programs, shelter participation requirements, eviction proceedings, mental health services, including therapy or personal counseling, home visiting, drug and substance abuse services, parenting classes, and medical or education-related appointments for the participant or their dependents.
(a)(1)The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas:
(A)A family is (i) a current aid recipient, (ii) income eligible, (iii) homeless, (iv) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited, or (v) one who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. If a family is deemed eligible pursuant to clause (v), the family shall be prioritized by the income declared on the application for the means-tested government program.
(B)A family needs the childcare services (i) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (I) a recipient of protective services, (II) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (III) being homeless or (ii) because the parents are (I) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (II) engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate, (III) employed or seeking employment, (IV) seeking permanent housing for family stability, or (V) incapacitated.
(2)If only one parent has signed an application for enrollment in childcare services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(b)Except as provided in Chapter 21 (commencing with Section 10370), priority for federal and state subsidized child development services is as follows:
(1)First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child.
(2)Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the department, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the family of the same priority in which the primary home language is a language other than English shall be admitted first. If there is no family of the same priority in which the primary home language is a language other than English, the family of the same priority that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, grants of public assistance recipients shall be counted as income.
(3)The department shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c)Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded childcare and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded childcare and development program if the contractor is able to transfer the familys enrollment to another program for which the family is eligible before the date of termination of services or to exchange the familys existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded childcare and development programs.
(d)A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a childcare and development program of a child whose parent or guardian files a letter with the governing board of the childcare and development program stating that the medical examination or immunization is contrary to the parents or guardians religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the childcare and development program is satisfied that the child is not suffering from that contagious or infectious disease.
(e)Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The department shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or children with exceptional needs.
(f)The department shall establish guidelines for the collection of employer-sponsored childcare benefit payments from a parent whose child receives subsidized childcare and development services. These guidelines shall provide for the collection of the full amount of the benefit payment, but not to exceed the actual cost of childcare and development services provided, notwithstanding the applicable fee based on the fee schedule.
(g)The department shall establish guidelines according to which the director or a duly authorized representative of the childcare and development program will certify children as eligible for state reimbursement pursuant to this section.
(h)(1)Except as provided in paragraphs (3), (4), and (5), (3) and (4), upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2)In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 10213.5.
(3)A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 10271.5, and the familys ongoing eligibility for services shall at that time be recertified.
(4)A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the familys fees, increase the familys services, or extend the period of the familys eligibility before recertification.
(5)Notwithstanding paragraph (1), upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months.(i)(1)Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the familys circumstances during that same period.
(2)Notwithstanding paragraph (1), the department may seek to recover payments that are the result of fraud.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
(2)The department shall initiate a rulemaking action to implement subdivision (h) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (h).
(k)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (h) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023.
(2)The department shall initiate a rulemaking action to implement the changes made to subdivision (h) by the act that added this subdivision on or before December 31, 2024.
(l)Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees.
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Date
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Status
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|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 356, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 29, 2024 | Assembly Rule 77 suspended. |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 23, 2024 | Ordered to special consent calendar. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Jul 1, 2024 | In committee: Referred to suspense file. |
| Jun 18, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 17). Re-referred to Com. on APPR. |
| Jun 6, 2024 | 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. |
| May 29, 2024 | Referred to Com. on HUMAN S. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5393.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 15. Noes 0.) (May 16). |
| Apr 17, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 3, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 2). Re-referred to Com. on APPR. |
| Jan 22, 2024 | Referred to Com. on HUM. S. |
| Jan 10, 2024 | From printer. May be heard in committee February 9. |
| Jan 9, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | AB 1808 Stephanie Nguyen Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2024 | Special Consent AB1808 Stephanie Nguyen et By Limón | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 1, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 17, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| May 21, 2024 | AB 1808 Stephanie Nguyen Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 2, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | 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
|
|---|---|---|
| 4Cs of Alameda County | ** Support | |
| California Alternative Payment Program Association | ** Support | |
| California Commission on the Status of Women and Girls | ** Support | |
| California Family Resource Association | ** Support | |
| Catholic Charities of Santa Clara County | ** Support | |
| central valley children's services network | ** Support | |
| Child Action Inc | ** Support | |
| Child Care Law Center | ** Support | |
| Child Development Associates | ** Support | |
| Children's Council of San Francisco | ** Support | |
| Children's Home Society of California | ** Support | |
| Children’s Resource & Referral of Santa Barbara County | ** Support | |
| Community Resources for Children | ** Support | |
| Council for a Strong America | ** Support | |
| Davis Street Family Resource Center | ** Support | |
| Del Norte Child Care Council | ** Support | |
| Family Resource Center | ** Support | |
| First 5 Alameda County | ** Support | |
| Friends Committee On Legislation Of California | ** Support | |
| Glide | ** Support | |
| Golden State Opportunity | ** Support | |
| Hively | ** Support | |
| International Institute of Los Angeles | ** Support | |
| North Coast Opportunities | ** Support | |
| Pathways LA | ** Support | |
| Plumas Rural Services | ** Support | |
| Solano Family & Children's Services | ** Support | |
| Supportive Services, Inc. | ** Support | |
| The Child Abuse Prevention Center And Its Affiliates Safe Kids California, Prevent Child Abuse California And The California Family Resource Association | ** Support | |
| Thriving Families California | ** Support | |
| western center on law & poverty | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1808
Author:(Stephanie Nguyen and Davies)
As Amended Ver:June 6, 2024
Majority vote
SUMMARY
Aligns the California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility period for families with other subsidized childcare programs at 24 months.
Senate Amendments
- Update the definition of CalWORKs Stage One childcare to use the term "human services agency" in place of "welfare department."
- Update existing legislative findings and declarations to be consistent with this bill.
COMMENTS
Background: CalWORKs is the state's primary cash assistance program and implements the federal Temporary Assistance for Needy Families (TANF) program, which is a federal flexible block grant with the objective of providing income and support to families with children. The California Department of Social Services' (CDSS) 2023 annual summary report states that 347,868 families received monthly CalWORKs benefits in 2022-23. In addition to cash grants, CalWORKs provides eligible low-income families with supportive services aimed at helping to secure education, training, and employment, including childcare, transportation, counseling, and/or school or work supplies. While grant amounts are adjusted based on family size, income level, and region, the average monthly cash grant was $962 across all family sizes and income levels in 2022-23, according to the Legislative Analyst's Office.
In order to receive CalWORKs, a single-parent household is required to participate in 30 hours per week of Welfare-to-Work (WTW) activities, while a two-parent household is required to engage in 35 hours per week. If someone is pregnant or parenting a child under six years of age, 20 hours of WTW activities are required per week. WTW activities include participation in subsidized and unsubsidized employment, community service, adult basic education, community college, job skills, training, mental health counseling, substance use disorder treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment.
CalWORKs Childcare. The CalWORKs childcare program provides subsidized childcare for CalWORKs recipients. Eligibility for CalWORKs childcare is based on the total income, size, and needs of families. CalWORKs recipients are eligible if they are employed or if they are participating in approved WTW activities. Childcare subsidies are provided for children through the age of 12, or through the age of 21 for children with exceptional needs.
In order to establish initial eligibility for subsidized childcare, a family cannot earn more than 85% of the State Median Income (SMI), as determined by the Department of Finance, which is $6,931 per month for a family of three, as of June 19, 2023. Ongoing eligibility is also established at the 85% of SMI threshold. Families must also have a need for care, such as working or going to school.
Under CalWORKs childcare, families are provided vouchers, which are used to obtain care in licensed childcare centers, licensed family childcare homes, or license-exempt settings. Families may choose the childcare program and provider that best meets their needs. However, availability of childcare providers, in almost all settings and for all age groups, is limited. This can make it difficult for working parents to find childcare providers that meet the families' needs and accept payment via subsidized vouchers. Upon choosing a provider, families must contact their county welfare department (CWD) or local Alternative Payment Program agency (APP) to pay the childcare provider directly for services on behalf of the family.
There are three stages in which a CalWORKs recipient or former recipient qualifies for subsidized childcare.
- Stage One: Begins when a family starts receiving CalWORKs cash assistance, providing childcare for up to 12 months and can be extended for another 12 months if needed before the childcare end date. Childcare is available for children up to 12 years of age and up to 21 years of age for those with exceptional needs. CWDs or their contractors, local APP agencies, administer Stage One. Families move to Stage Two once they no longer receive CalWORKs cash aid. Stage One is considered an entitlement program, meaning anyone who is eligible and has a qualifying need shall receive services.
- Stage Two: A family moves to Stage Two once a family is deemed stable by CWDs due to securing employment or when CalWORKs cash aid concludes, and may remain in Stage Two for an additional 24 months. CDSS contracts with APP agencies to administer Stage Two. Stage Two is also considered an entitlement program.
- Stage Three: Provides services for former CalWORKs families after they have been off aid for 24 months, and for families that receive lump-sum diversion services. Families may remain in Stage Three until their children surpass the eligibility age or their income exceeds 85% of the SMI, if funding is available. CDSS contracts with APP agencies to administer Stage Three. Stage Three is not an entitlement program.
Counties have discretion as to when to transfer CalWORKs families from Stage One to Stage Two. As mentioned earlier, CWDs may make the transfer when the county determines the recipient is "stable," which could be when the recipient is achieving a long-term activity, such as employment or vocational training. However, stable is not defined in code and is at the discretion of the county.
There were 124,410 children participating in all three stages of CalWORKs childcare programs in 2022-23, a decrease from the 163,901 children served in 2021-22.
In an effort to provide greater stability for families and to reduce administrative burdens for both families and agencies, SB 1047 (Limón), Chapter 923, Statutes of 2022, extended a family's eligibility for ongoing services in various childcare programs and the California State Preschool Program from 12 months to 24 months. After establishing initial or ongoing eligibility, families remain eligible for all childcare programs and are not required to report changes in income or other changes for at least 24 months. However, SB 1047 did not include families receiving childcare services through CalWORKs Stage One, Two, and Three programs. These families must continue to re-certify their eligibility after 12 months.
This bill establishes a 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized childcare programs.
According to the Author
"For over 20 years, the California Work Opportunity and Responsibility to Kids (CalWORKs) program has played a crucial role in reducing poverty, promoting economic stability, and enhancing the quality of life for vulnerable families. A key facet of its success is childcare support, where it provides childcare assistance for parents participating in job training programs.
"Starting January 1, 2023, SB 1047 (Limón) amended the Welfare and Institutions Code (WIC) section 10271(h) implementing a 24-month eligibility period for various childcare programs, including the General Child Care and Development Program, Family Child Care Education Home Network, Migrant Child Care and Development Program, Migrant Alternative Payment Program, and Children with Severe Disabilities and Alternative Payment Program. However, it excludes families receiving childcare and development services through CalWORKs for stages 1, 2, and 3.
"Currently, CalWORKs Stage 1, administered by 38 counties through the Alternative Payment Program (APP), allows for a 12-month eligibility. The inconsistencies in time limits across CalWORKs stages contribute to inequities and challenges for families entering CalWORKs.
"[This bill] establishes a consistent 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized childcare programs. This bill will help to eliminate disparities, streamline processes, and reduce burdens on families accessing childcare support. Reliable childcare is vital for parents pursuing employment or education without worrying about the safety and well-being of their children."
Arguments in Support
Thriving Families California writes, "Currently, families that access subsidized child care outside of the California Work Opportunity and Responsibility to Kids (CalWORKs) program receive 24-months of stable child care once eligibility has been determined. This 24-month timeframe was secured via SB 1047 (Limón) in 2022. However, the legislation did not extend this same 24-month eligibility period to families that entered through the doors of the California's CalWORKs welfare program that gives cash aid and services to eligible families. This separate eligibility timeframe has created processes or seams for families that enter through CalWORKs to comply with 12-month bureaucratic requirements whereas those outside of CalWORKs are treated differently."
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee on July 1, 2024:
- Unknown General Fund cost pressures for the California Department of Social Services to implement the bill's provisions and for potential CalWORKs child care caseload impacts.
- Potential administrative savings (General Fund) related to reduced need for eligibility recertification activities.
VOTES:
ASM HUMAN SERVICES: 7-0-0
YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: June 6, 2024
CONSULTANT: Bri-Ann Hernández / HUM. S. / (916) 319-2089 FN: 0004664
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1808 |
THIRD READING
Bill No: AB 1808
Author: Stephanie Nguyen (D) and Davies (R)
Amended: 6/6/24 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/17/24
AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Hurtado, Menjivar
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: Childcare and development services: eligibility
SOURCE: Thriving Families California
DIGEST:
This bill aligns CalWORKs Stage One, Stage Two, and Stage Three child care eligibility with other child care and development programs by (1) considering families receiving CalWORKs child care services as meeting all eligibility and need requirements for not less than 24 months, and (2) allowing these families to not be required to report changes to income for at least 24 months, as opposed to 12 months in current law.
ANALYSIS:
Existing law:
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which provides block grants to states to develop and implement their own state welfare-to-work programs designed to provide cash assistance and other supports and services to low-income families. (42 United States Code 601 et seq.)
- Establishes 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 11200 et seq.)
- Establishes three stages of child care services through which a CalWORKs aid recipient will pass. States the intent of the Legislature that families experience no break in their child care services due to a transition between the three stages of child care services. (WIC 10370(b))
- Provides that paid child care shall be available to every CalWORKs program recipient with a dependent child in the household who needs paid child care if the child is 12 years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability, as specified, or who is under court supervision. Provides that current CalWORKs recipients are eligible for all CalWORKs child care services as long as they continue to receive CalWORKs aid. (WIC 11323.2(a)(1)(A)); WIC 10370.5)
- Establishes the Child Care and Development Services Act to provide child care and development services as part of a coordinated, comprehensive, and cost-effective system serving children from birth to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. (WIC 10207 et seq.)
- For purposes of establishing initial income eligibility under the Child Care and Development Services Act, “income eligible” means a family’s adjusted monthly income is at or below 85 percent of the State Median Income (SMI), adjusted for family size, as calculated by the Department of Finance. For purposes of establishing ongoing income eligibility, “ongoing income eligible” means that a family’s adjusted monthly income is at or below 85 percent of the SMI, adjusted for family size. (WIC 10271.5)
- Provides that Stage One of CalWORKs child care shall be full time, unless the recipient determines that part-time care better meets the family’s needs. Upon establishing initial or ongoing eligibility for Stage One, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 12 months, or until the recipient is transferred to Stage Two child care. Provides that a recipient may, at any time, indicate a new or increased need for child care, and that the information shall be used, as applicable, to authorize child care or increase the family’s services. (WIC 11323.2(a)(1)(B))
- Provides that necessary child care services shall be available to every former recipient for up to two years. Beginning January 1, 2021, or the date that automation changes occur through the Statewide Automated Welfare System (CalSAWS), whichever date is later, in the 18th month following the date of last receipt of aid, requires the county to send a notice, as specified, to a former recipient who is not currently receiving Stage Two or Stage Three child care informing them that their eligibility for Stage Two child care will expire by the end of the 24th month following their last receipt of aid, and how to obtain Stage Two child care services. (WIC 11323.2(a)(1)(C))
- Requires a county welfare department to manage Stage One child care, which begins upon the entry of a person into the CalWORKs program. Requires a county to move recipient out of Stage One as quickly as possible after the county determines that the need for child care is stable. States a recipient may be served in Stage One for a maximum of six months, which may be extended if the county determines that the recipient’s situation is too unstable to be shifted to Stage Two, or if no funds are available to provide Stage Two child care. Provides that former CalWORKs recipients who cannot be transitioned from Stage One child care because no funded slot is available are eligible to receive Stage One and any subsequent Stage Two child care services for up to a total of 24 months after they leave cash aid, or until they are otherwise ineligible within that 24-month period, pursuant to 6) above. (WIC 10371(a-c))
- Authorizes a county to contract with public or private child care providers to provide any or all Stage One child care services. (WIC 10371(e))
- Upon establishing initial or ongoing eligibility for child care and development services, provides that a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months. (WIC 10271(h)(1))
- Notwithstanding (11) above, upon establishing initial or ongoing eligibility for child care and development services, provides that a family receiving services under a CalWORKs Stage One, Stage Two, or Stage Three program shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months. (WIC 10271(h)(5))
This bill:
- Strikes the language stating that a family receiving services under a CalWORKs Stage One, Stage Two, or Stage Three program shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months.
- Revises the definition of CalWORKs Stage One child care such that a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 24 months.
- Revises legislative findings and declarations related to aligning CalWORKs child care eligibility with other child care and development programs to benefit families, child care providers, and state and local agencies that administer child care programs.
- Updates the definition of CalWORKs Stage One child care to use the term “human services agency” in place of “welfare department.”
Background
California Work Opportunity and Responsibility to Kids. CalWORKs, the state’s largest anti-poverty program, provides temporary cash assistance to help low-income families meet their basic needs, such as rent, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families. In addition, adult CalWORKs recipients are provided education and employment and training services designed to help remove barriers to work and promote self-sufficiency. CalWORKs program rules include work requirements, time limits on eligibility, and supportive services, including subsidized childcare, to encourage program participation. The CalWORKs program is funded through a combination of federal TANF funding and state and county funds. CDSS is the designated state agency responsible for program supervision at the state level, and counties are responsible for administering the program at the local level.
CalWORKs Child Care. Eligibility for CalWORKs child care is based on the total income, size, and needs of families. CalWORKs recipients are eligible if they are employed or are participating in approved Welfare-to-Work activities.
CalWORKs provides child care in three stages.
Stage One is administered by the county welfare departments. Some county welfare departments contract with APPs. Stage One begins when a family starts receiving CalWORKs cash aid. Recipients may be served in Stage One until the county determines that the family situation is stable, or if no funds are available in Stage Two. Former CalWORKs recipients are also eligible to receive child care services in Stage One and/or Stage Two for a total of no more than 24 months after they leave cash aid. Stage One is considered an entitlement program, meaning anyone who is eligible and has a qualifying need shall receive services.
Stage Two is administered by CDSS through contracts with APPs. Stage Two serves CalWORKs recipients whose situation has stabilized, or families that are transitioning off CalWORKs assistance. Families that receive lump-sum diversion services may receive child care in Stage Two if there is no funding available in Stage Three. Families leave Stage Two when they have been off cash aid for 24 months. Stage Two is also considered an entitlement program.
Stage Three is administered by CDSS. Stage Three provides services for former CalWORKs families after they have been off aid for 24 months, and for families that receive lump-sum diversion services. Families remain in Stage Three until the family’s income exceeds 85 percent of the SMI or until the children are over the eligibility age. Stage Three is dependent on the availability of funding, and is not an entitlement program.
Counties have discretion as to when to transfer CalWORKs families from Stage One to Stage Two. They may make the transfer when the county determines the recipient is “stable,” which could be when the recipient is achieving a long-term activity, such as employment or vocational training. However, stable is not defined in code and is at the discretion of the county.
According to CDSS, the projected CalWORKs child care caseloads for the 2023–24 fiscal year are as follows:
- Stage One Child Care: 59,196 (23.1 percent change)
- Stage Two Child Care: 38,427 (44.3 percent change)
- Stage Three Child Care: 51,421 (-8.3 percent change)
Changes in Child Care Administration. Prior to July 1, 2021, the CDSS and county welfare departments administered the CalWORKs Stage One child care program, as well as the CalWORKs program, while the state Department of Education (CDE) administered CalWORKs Stage Two and Stage Three child care, along with other child care and development programs. On July 1, 2021, as authorized by SB 89 (Committee on Budget and Fiscal Review, 2020), a number of child care and development programs were transferred from CDE to CDSS, including CalWORKs Stage Two and Stage Three.
Over the past several years, a series of bill have effected changes to ongoing eligibility for child care services without the need for a redetermination meeting. These changes were not uniformly applied across the CalWORKs child care stages. In 2017, AB 99 (Committee on Budget) established 12-month eligibility for families receiving child care and development services. In 2019, AB 121 (Committee on Budget) established 12-month eligibility for families receiving CalWORKs Stage One child care. Most recently, in 2022, SB 1047 (Limón) extended eligibility for child care and development services from 12 months to 24 months.
This bill would establish 24-month eligibility for families in the CalWORKs Stage One child care program, aligning ongoing eligibility for Stage One with other child care and development programs.
Individualized County Child Care Subsidy Program. A 2022 evaluation by the Indigo Project examined 11 county pilots participating in the statewide Individualized County Child Care Subsidy Program. The report found that the nine of the pilot programs had implemented 24-month eligibility, which child care providers indicated was a crucial element in providing stability for children and families. Child care providers further reported that 24-month eligibility greatly reduced administrative burdens by allowing more resources to be allocated for direct services to children. According to the report, “Of the 84 providers who responded to the survey and operate in a Pilot county that had implemented 24-Month Eligibility, every single one (100%) reported they strongly agreed or agreed that it supported family stability.”
Related/Prior Legislation
SB 1047 (Limón, Chapter 923, Statutes of 2022) extended the time a family is to be considered to meet all eligibility and need requirements for child care and development services, except CalWORKs Stage One, from 12 months to 24 months.
AB 131 (Committee on Budget, Chapter 116, Statutes of 2021) transferred child care program and authority from the CDE to the CDSS, including CalWORKs Stage Two and Stage Three child care.
SB 89 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2020) established the Early Childhood Development Act of 2020 to authorize the transfer of child care and development programs administered by the CDE to the CDSS, effective July 1, 2021.
AB 121 (Committee on Budget, Chapter 414, Statutes of 2019) provided that, upon establishing initial or ongoing eligibility for CalWORKs Stage One child care, a family is considered to meet all eligibility and need requirements and be authorized for not less than 12 months, or until the recipient is transferred to Stage Two.
AB 99 (Committee on Budget, Chapter 15, Statutes of 2017) provided that families who meet eligibility and need requirements for subsidized child care services shall receive services for not less than 12 months.
Comments
This bill expands the period of a family’s eligibility for ongoing child care services in CalWORKs Stage One child care from 12 months to 24 months after establishing initial eligibility, and prohibits the family from being required to report changes in income for at least 24 months after establishing eligibility. This is consistent with ongoing eligibility for other child care programs administered by the CDSS.
Families receiving Stage One child care are, by definition, not in a stable situation. Providing an additional 12 months of continuous eligibility to this vulnerable population may help relieve stress on families, such as the need to collect documentation to provide proof of employment and income. Additionally, continuity of care allows children to stay in child care, which minimizes disruptions for children, parents, employers, and child care providers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee,
- “Unknown General Fund cost pressures for the California Department of Social Services to implement the bill’s provisions and for potential CalWORKs child care caseload impacts.”
- “Potential administrative savings (General Fund) related to reduced need for eligibility recertification activities.”
SUPPORT:
Thriving Families California (source)
4cs of Alameda County
California Commission on The Status of Women and Girls
Central Valley Children's Services Network
Child Action INC
Child Development Associates
Children's Council of San Francisco
Children's Home Society of California
Children's Resource & Referral of Santa Barbara County
Community Resources for Children
Council for A Strong America
Davis Street Family Resource Center
Del Norte Child Care Council
Family Resource Center
First 5 Alameda County
Friends Committee on Legislation of California
Golden State Opportunity
Hively
International Institute of Los Angeles
North Coast Opportunities
Pathways LA
Plumas Rural Services
Solano Family & Children's Services
Supportive Services, INC
Western Center on Law & Poverty
OPPOSITION:
None received
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524
8/18/24 8:50:56
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 1808 (Stephanie Nguyen) - Childcare and development services: eligibility
Version: June 6, 2024 | Policy Vote: HUMAN S. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: July 1, 2024 | Consultant: Agnes Lee |
Bill Summary:
AB 1808 would extend, from 12 months to 24 months, the period that a family receiving services under a CalWORKs child care program is considered to meet all eligibility and need requirements.
Fiscal Impact:
- Unknown General Fund cost pressures for the California Department of Social Services to implement the bill’s provisions and for potential CalWORKs child care caseload impacts.
- Potential administrative savings (General Fund) related to reduced need for eligibility recertification activities.
Background:
CalWORKs provides temporary cash assistance to help low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families. In addition to cash assistance, adult CalWORKs recipients are provided education and employment and training services designed to help remove barriers to work and promote self-sufficiency.
The CalWORKs child care program provides subsidized child care for CalWORKs recipients. CalWORKs provides child care in three stages. Families may be served in Stage 1 from when they start receiving CalWORKs aid until the county determines that the family situation is stable. Stage 2 serves CalWORKs recipients whose situation has stabilized, or families that are transitioning off CalWORKs assistance. Families leave Stage 2 when they have been off cash aid for 24 months. Stage 1 and Stage 2 are both considered entitlement programs, meaning anyone who is eligible and has a qualifying need must receive services. Stage 3 provides services for former CalWORKs families after they have been off aid for 24 months. Families remain in Stage 3 until the family’s income exceeds 85 percent of the state median income or until the children are over the eligibility age. Stage 3 is dependent on the availability of funding, and is not an entitlement program.
Current law requires a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program to be considered to meet all eligibility and need requirements for those services for not less than 12 months, and to receive those services for not less than 12 months before having their eligibility or need recertified, and cannot be required to report changes to income or other changes for at least 12 months.
Proposed Law:
AB 1808 would extend the eligibility period before recertification, from 12 months to 24 months, for families receiving CalWORKs child care.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 1808 | ||
Author: | Stephanie Nguyen | ||
Version: | June 6, 2024 | Hearing Date: | June 17, 2024 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Diana Dominguez | ||
Subject: Childcare and development services: eligibility
SUMMARY
This bill aligns CalWORKs Stage One, Stage Two, and Stage Three child care eligibility with other child care and development programs by (1) considering families receiving CalWORKs child care services as meeting all eligibility and need requirements for not less than 24 months, and (2) allowing these families to not be required to report changes to income for at least 24 months, as opposed to 12 months in current law.
ABSTRACT
Existing Law:
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which provides block grants to states to develop and implement their own state welfare-to-work programs designed to provide cash assistance and other supports and services to low-income families. (42 United States Code 601 et seq.)
- Establishes 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 11200 et seq.)
- Establishes three stages of child care services through which a CalWORKs aid recipient will pass. States the intent of the Legislature that families experience no break in their child care services due to a transition between the three stages of child care services. (WIC 10370(b))
- Provides that paid child care shall be available to every CalWORKs program recipient with a dependent child in the household who needs paid child care if the child is 12 years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability, as specified, or who is under court supervision. Provides that current CalWORKs recipients are eligible for all CalWORKs child care services as long as they continue to receive CalWORKs aid. (WIC 11323.2(a)(1)(A)); WIC 10370.5)
- Establishes the Child Care and Development Services Act to provide child care and development services as part of a coordinated, comprehensive, and cost-effective system serving children from birth to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. (WIC 10207 et seq.)
- For purposes of establishing initial income eligibility under the Child Care and Development Services Act, “income eligible” means a family’s adjusted monthly income is at or below 85 percent of the State Median Income (SMI), adjusted for family size, as calculated by the Department of Finance. For purposes of establishing ongoing income eligibility, “ongoing income eligible” means that a family’s adjusted monthly income is at or below 85 percent of the SMI, adjusted for family size. (WIC 10271.5)
- Provides that Stage One of CalWORKs child care shall be full time, unless the recipient determines that part-time care better meets the family’s needs. Upon establishing initial or ongoing eligibility for Stage One, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 12 months, or until the recipient is transferred to Stage Two child care. Provides that a recipient may, at any time, indicate a new or increased need for child care, and that the information shall be used, as applicable, to authorize child care or increase the family’s services. (WIC 11323.2(a)(1)(B))
- Provides that necessary child care services shall be available to every former recipient for up to two years. Beginning January 1, 2021, or the date that automation changes occur through the Statewide Automated Welfare System (CalSAWS), whichever date is later, in the 18th month following the date of last receipt of aid, requires the county to send a notice, as specified, to a former recipient who is not currently receiving Stage Two or Stage Three child care informing them that their eligibility for Stage Two child care will expire by the end of the 24th month following their last receipt of aid, and how to obtain Stage Two child care services. (WIC 11323.2(a)(1)(C))
- Requires a county welfare department to manage Stage One child care, which begins upon the entry of a person into the CalWORKs program. Requires a county to move recipient out of Stage One as quickly as possible after the county determines that the need for child care is stable. States a recipient may be served in Stage One for a maximum of six months, which may be extended if the county determines that the recipient’s situation is too unstable to be shifted to Stage Two, or if no funds are available to provide Stage Two child care. Provides that former CalWORKs recipients who cannot be transitioned from Stage One child care because no funded slot is available are eligible to receive Stage One and any subsequent Stage Two child care services for up to a total of 24 months after they leave cash aid, or until they are otherwise ineligible within that 24-month period, pursuant to 6) above. (WIC 10371(a-c))
- Authorizes a county to contract with public or private child care providers to provide any or all Stage One child care services. (WIC 10371(e))
- Upon establishing initial or ongoing eligibility for child care and development services, provides that a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months. (WIC 10271(h)(1))
- Notwithstanding (11) above, upon establishing initial or ongoing eligibility for child care and development services, provides that a family receiving services under a CalWORKs Stage One, Stage Two, or Stage Three program shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months. (WIC 10271(h)(5))
This Bill:
- Strikes the language stating that a family receiving services under a CalWORKs Stage One, Stage Two, or Stage Three program shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months.
- Revises the definition of CalWORKs Stage One child care such that a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 24 months.
- Revises legislative findings and declarations related to aligning CalWORKs child care eligibility with other child care and development programs to benefit families, child care providers, and state and local agencies that administer child care programs.
- Updates the definition of CalWORKs Stage One child care to use the term “human services agency” in place of “welfare department.”
FISCAL IMPACT
According to the Assembly Appropriations Committee, “The California Department of Social Services estimates one-time General Fund costs of $219,000 in the first year and $213,000 in the second year of one staff position to implement the required changes.”
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “For over 20 years, the CalWORKs program has played a crucial role in reducing poverty, promoting economic stability, and enhancing the quality of life for vulnerable families. A key facet of its success is child care support, where it provides child care assistance for parents participating in job training programs. Starting January 1, 2023, SB 1047 (Limon) amended WIC Section 10271(h) implementing a 24-month eligibility period for various child care programs, including: General Child Care and Development Program, Family Child Care Education Home Network, Migrant Child Care and Development Program Migrant Alternative Payment Program Children with Severe Disabilities and Alternative Payment Program. However, it excludes families receiving child care and development services through CalWORKs Stages 1, 2, or 3.”
The author continues, “AB 1808 establishes a consistent 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized child care programs. This will help to eliminate disparities, streamline processes, and reduce burdens on families accessing child care support. Reliable child care is vital for parents pursuing employment or education without worrying about the safety and well-being of their children.”
California Work Opportunity and Responsibility to Kids
CalWORKs, the state’s largest anti-poverty program, provides temporary cash assistance to help low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families. In addition to cash assistance, adult CalWORKs recipients are provided education and employment and training services designed to help remove barriers to work and promote self-sufficiency. These services are typically outlined in a Welfare-to-Work plan. CalWORKs program rules include time limits on eligibility, work requirements, and supportive services, including subsidized childcare, to encourage program participation.
The CalWORKs program is funded through a combination of federal TANF funding and state and county funds. CDSS is the designated state agency responsible for program supervision at the state level, and counties are responsible for administering the program at the local level. According to CDSS[1], the projected CalWORKs caseload for the 2023–24 fiscal year is 348,621, a 5.3 percent change from the prior fiscal year.
CalWORKs Child Care
The Child Care and Development Services Act (WIC 10207 et seq.) provides a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. The Child Care and Development Services Act provides that it is the intent of the Legislature to ensure that recipients and former recipients of CalWORKs are connected as soon as possible to local child care resources, make stable child care arrangements, and continue to receive subsidized child care services after they no longer receive aid as long as they require those services and meet eligibility requirements.
The CalWORKs child care program provides subsidized child care for CalWORKs recipients. Eligibility for CalWORKs child care is based on the total income, size, and needs of families. CalWORKs recipients are eligible if they are employed or if they are participating in approved Welfare-to-Work activities. Child care subsidies are provided for children through the age of 12, or through the age of 21 for children with exceptional needs.
In order to establish initial eligibility for subsidized child care, a family cannot earn more than 85 percent of the State Median Income (SMI), as determined by the Department of Finance, which is $6,931 per month, as of as of June 19, 2023, for a family of three[2]. Ongoing eligibility is also established at the 85 percent of SMI threshold. Families must also have a need for care, such as working or going to school.
Under CalWORKs child care, families are provided vouchers, which are used to obtain care in licensed child care centers, licensed family child care homes, or license-exempt settings. Families may choose the child care program and provider that best meets their needs. However, availability of child care providers, in almost all settings and for all age groups, is limited. This can make it difficult for working parents to find child care providers that meet the families’ needs and accept payment via subsidized vouchers. Upon choosing a provider, families must contact their county welfare department or local Alternative Payment Program agency (APP) to pay the child care provider directly for services on behalf of the family.
CalWORKs provides child care in three stages. Stage One is administered by the county welfare departments. Some county welfare departments contract with APPs. Stage One begins when a family starts receiving CalWORKs cash aid. Recipients may be served in Stage One until the county determines that the family situation is stable, or if no funds are available in Stage Two. Former CalWORKs recipients are also eligible to receive child care services in Stage One and/or Stage Two for a total of no more than 24 months after they leave cash aid. Stage One is considered an entitlement program, meaning anyone who is eligible and has a qualifying need shall receive services.
Stage Two is administered by CDSS through contracts with APPs. Stage Two serves CalWORKs recipients whose situation has stabilized, or families that are transitioning off CalWORKs assistance. Families that receive lump-sum diversion services may receive child care in Stage Two if there is no funding available in Stage Three. Families leave Stage Two when they have been off cash aid for 24 months. Stage Two is also considered an entitlement program.
Stage Three is administered by CDSS. Stage Three provides services for former CalWORKs families after they have been off aid for 24 months, and for families that receive lump-sum diversion services. Families remain in Stage Three until the family’s income exceeds 85 percent of the SMI or until the children are over the eligibility age. Stage Three is dependent on the availability of funding, and is not an entitlement program.
Counties have discretion as to when to transfer CalWORKs families from Stage One to Stage Two. They may make the transfer when the county determines the recipient is “stable,” which could be when the recipient is achieving a long-term activity, such as employment or vocational training. However, stable is not defined in code and is at the discretion of the county.
According to CDSS[3], the projected CalWORKs child care caseloads for the 2023–24 fiscal year are as follows:
- Stage One Child Care: 51,642 (7.4 percent change)
- Stage Two Child Care: 35,023 (31.2 percent change)
- Stage Three Child Care: 49,071 (-12.6 percent change)
Changes in Child Care Administration
Prior to July 1, 2021, the CDSS and county welfare departments administered the CalWORKs Stage One child care program, as well as the CalWORKs program, while the state Department of Education (CDE) administered CalWORKs Stage Two and Stage Three child care, along with other child care and development programs. On July 1, 2021, as authorized by SB 89 (Committee on Budget and Fiscal Review, 2020), a number of child care and development programs were transferred from CDE to CDSS, including CalWORKs Stage Two and Stage Three. The change in department oversight was meant to reduce administrative barriers to program access so providers could focus on positive outcomes for children and families.
Over the past several years, a series of bill have effected changes to ongoing eligibility for child care services without the need for a redetermination meeting. These changes were not uniformly applied across the CalWORKs child care stages. In 2017, AB 99 (Committee on Budget) established 12-month eligibility for families receiving child care and development services. In 2019, AB 121 (Committee on Budget) established 12-month eligibility for families receiving CalWORKs Stage One child care. Most recently, in 2022, SB 1047 (Limón) extended eligibility for child care and development services from 12 months to 24 months.
This bill would establish 24-month eligibility for families in the CalWORKs Stage One child care program, aligning ongoing eligibility for Stage One with other child care and development programs.
Individualized County Child Care Subsidy Program
A 2022 evaluation[4] by the Indigo Project examined 11 county pilots participating in the statewide Individualized County Child Care Subsidy Program. The report found that the nine of the pilot programs had implemented 24-month eligibility, which child care providers indicated was a crucial element in providing stability for children and families. Child care providers further reported that 24-month eligibility greatly reduced administrative burdens by allowing more resources to be allocated for direct services to children. According to the report, “Of the 84 providers who responded to the survey and operate in a Pilot county that had implemented 24-Month Eligibility, every single one (100%) reported they strongly agreed or agreed that it supported family stability.”
Related/Prior Legislation:
SB 1047 (Limón, Chapter 923, Statutes of 2022) extended the time a family is to be considered to meet all eligibility and need requirements for child care and development services, except CalWORKs Stage One, from 12 months to 24 months.
AB 131 (Committee on Budget, Chapter 116, Statutes of 2021), a budget trailer bill, transferred child care program and authority from the CDE to the CDSS, including CalWORKs Stage Two and Stage Three child care, among several other changes.
SB 89 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2020) established the Early Childhood Development Act of 2020 to authorize the transfer of child care and development programs administered by the CDE to the CDSS, effective July 1, 2021, among several other changes.
AB 121 (Committee on Budget, Chapter 414, Statutes of 2019), a budget trailer bill, among other changes, revised SB 80 to clarify that, upon establishing initial or ongoing eligibility for CalWORKs Stage One child care, a family is considered to meet all eligibility and need requirements and be authorized for not less than 12 months, or until the recipient is transferred to Stage Two.
SB 80 (Committee on Budget and Fiscal Review, Chapter 27, Statutes of 2019), a budget trailer bill, among other changes, provided that CalWORKs Stage One child care shall be authorized for one year, or until the recipient is transferred to Stage Two.
SB 321 (Mitchell, 2019), among other things, would have provided that CalWORKs child care be full-time and Stage One child care be authorized for 12 months, or until the recipient is transferred to Stage Two. SB 321 would also have prohibited CalWORKs Stage One or Stage Two child care from being discontinued until the family has been enrolled or is ineligible for services in the subsequent stage of child care. SB 321 was referred to Assembly Human Services Committee but never set for hearing. Part of SB 321 was enacted through budget trailer bills.
AB 99 (Committee on Budget, Chapter 15, Statutes of 2017), a budget trailer bill, among other changes, provided that families who meet eligibility and need requirements for subsidized child care services shall receive services for not less than 12 months.
AB 2150 (Santiago, 2016) would have required that a family, upon establishing initial or ongoing eligibility for child care and development services, be considered to meet all eligibility requirements for not less than 12 months before having their eligibility redetermined, and not be required to report changes to income or other changes for at least 12 months. AB 2150 was held on suspense in the Senate Appropriations Committee.
SB 567 (Liu, 2015) would have required a child enrolled in a state or federally funded child care program to be deemed eligible for that program for the remainder of the program year. AB 567 was held on suspense in the Senate Appropriations Committee.
AB 233 (Lopez, 2015) would have required a family enrolled in a state or federally funded child care and development program to be considered eligible for services for 12 months from the time of initial or annual eligibility determination, among other things. AB 233 was held on suspense in the Assembly Appropriations Committee.
COMMENTS
This bill expands the period of a family’s eligibility for ongoing child care services in CalWORKs Stage One child care from 12 months to 24 months after establishing initial eligibility, and prohibits the family from being required to report changes in income for at least 24 months after establishing eligibility. This is consistent with ongoing eligibility for other child care programs administered by the CDSS.
Families receiving Stage One child care are, by definition, not in a stable situation. Providing an additional 12 months of continuous eligibility to this vulnerable population may help relieve stress on families, such as the need to collect documentation to provide proof of employment and income. Additionally, continuity of care allows children to stay in child care, which minimizes disruptions for children, parents, employers, and child care providers.
PRIOR VOTES
| |
Assembly Floor: | 73 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Thriving Families California (Sponsor)
4cs of Alameda County
California Commission on The Status of Women and Girls
Central Valley Children's Services Network
Child Action INC
Child Development Associates
Children's Council of San Francisco
Children's Home Society of California
Children's Resource & Referral of Santa Barbara County
Community Resources for Children
Council for A Strong America
Davis Street Family Resource Center
Del Norte Child Care Council
Family Resource Center
Friends Committee on Legislation of California
Golden State Opportunity
Hively
International Institute of Los Angeles
North Coast Opportunities
Pathways LA
Plumas Rural Services
Solano Family & Children's Services
Supportive Services, INC
Western Center on Law & Poverty
Oppose:
None
-- END --
https://www.cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/Local-Assistance-Estimates/2024-25/2024-25-May-Revision-Caseload-Packet.pdf ↑
https://cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/CCBs/2023/CCB_23-16.pdf?ver=2023-06-23-093040-630 ↑
https://www.cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/Local-Assistance-Estimates/2024-25/2024-25-May-Revision-Caseload-Packet.pdf ↑
https://www.sccoe.org/supoffice/lpc/Documents/Reports/Multi-County_Report-20220902.pdf ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 1808
Author:(Stephanie Nguyen and Davies)
As Introduced Ver:January 9, 2024
Majority vote
SUMMARY
Aligns the California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility period for families with other subsidized childcare programs at 24 months.
Major Provisions
- Strikes the following requirements, upon establishing initial or ongoing eligibility for the CalWORKs childcare program (Stage One, Stage Two, or Stage Three):
- A family be considered to have met all eligibility and need requirements for those services for at least 12 months;
- A family must certify or recertify their eligibility after 12 months; and,
- A family must report changes to income or other changes after 12 months.
- Requires, upon establishing initial or ongoing eligibility for first-stage childcare services under the CalWORKs program, a family be considered to meet all eligibility and need requirements and be authorized for not less than 24 months, or until the participant is transferred to the second stage of childcare.
COMMENTS
Background: CalWORKs is the state's primary cash assistance program. More specifically, CalWORKs implements the federal Temporary Assistance for Needy Families (TANF) program, which is a federal flexible block grant with the objective of providing income and support to families with children. California Department of Social Services (CDSS)' 2023 annual summary report states that 347,868 families received monthly CalWORKs benefits in 2022-23. CalWORKs provides eligible low-income families with cash grants and supportive services aimed at helping them secure education, training, and employment. While grant amounts are adjusted based on family size, income level, and region, in 2022-23, the average monthly cash grant was $962 across all family sizes and income levels, according to the Legislative Analyst's Office.
In order to receive CalWORKs, a single-parent household is required to participate in 30 hours per week of Welfare-to-Work (WTW) activities, while a two-parent household is required to engage in 35 hours per week. If someone is pregnant or parenting a child under six years of age, 20 hours of WTW activities are required per week. WTW activities include participation in subsidized and unsubsidized employment, community service, adult basic education, community college, job skills, training, mental health counseling, substance use disorder treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment. CalWORKs recipients are provided supportive services to allow them to successfully engage in the aforementioned WTW activities. Supportive services include childcare, transportation, counseling, and/or school or work supplies.
CalWORKs Childcare. There are three stages in which a CalWORKs recipient or former recipient qualifies for subsidized childcare.
- Stage One: Begins when a family starts receiving CalWORKs cash assistance, providing childcare for up to 12 months and can be extended for another 12 months if needed before the childcare end date. Childcare is available for children up to 12 years of age and up to 21 years of age for those with exceptional needs. County welfare departments (CWDs) or their contractors, local Alternative Payment Program (APP) agencies, administer C1AP. Families move to Stage Two once they no longer receive CalWORKs cash aid.
- Stage Two: A family moves to Stage 2 once a family is deemed stable by CWDs due to securing employment or when CalWORKs cash aid concludes, and may remain in Stage 2 for an additional 24 months. CDSS contracts with APP agencies to administer Stage 2.
- Stage Three: A family transitions to Stage 3 after having been off CalWORKs cash aid for 24 months, and may remain in Stage 3 until their children surpass the eligibility age or their income exceeds 85% of the state median income, if funding is available. CDSS contracts with APP agencies to administer Stage 3.
There were 124,410 children participating in all three stages of CalWORKs childcare programs in 2022-23, a decrease from the 163,901 children served in 2021-22.
Beginning in January 1, 2023, in an effort to provide greater stability for families and to reduce administrative burdens for both families and agencies, SB 1047 (Limón), Chapter 923, Statutes of 2022, extended a family's eligibility for ongoing services in various childcare programs and the California State Preschool Program from 12 months to 24 months. After establishing initial or ongoing eligibility, families remain eligible for all childcare programs and are not required to report changes in income or other changes for at least 24 months. However, SB 1047 did not include families receiving childcare services through CalWORKs Stage 1, 2, and 3 programs. These families must continue to re-certify their eligibility after 12 months.
This bill establishes a 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized childcare programs.
According to the Author
"For over 20 years, the California Work Opportunity and Responsibility to Kids (CalWORKs) program has played a crucial role in reducing poverty, promoting economic stability, and enhancing the quality of life for vulnerable families. A key facet of its success is childcare support, where it provides childcare assistance for parents participating in job training programs.
"Starting January 1, 2023, SB 1047 (Limón) amended the Welfare and Institutions Code (WIC) section 10271(h) implementing a 24-month eligibility period for various childcare programs, including the General Child Care and Development Program, Family Child Care Education Home Network, Migrant Child Care and Development Program, Migrant Alternative Payment Program, and Children with Severe Disabilities and Alternative Payment Program. However, it excludes families receiving childcare and development services through CalWORKs for stages 1, 2, and 3.
"Currently, CalWORKs Stage 1, administered by 38 counties through the Alternative Payment Program (APP), allows for a 12-month eligibility. The inconsistencies in time limits across CalWORKs stages contribute to inequities and challenges for families entering CalWORKs.
"[This bill] establishes a consistent 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized childcare programs. This bill will help to eliminate disparities, streamline processes, and reduce burdens on families accessing childcare support. Reliable childcare is vital for parents pursuing employment or education without worrying about the safety and well-being of their children."
Arguments in Support
According to Thriving Families California, "This bill will provide to all income eligible families the same 24-month certification period for access to stable child care regardless of which door the family entered or where services are accessed."
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations on April 15, 2024, the CDSS estimates one-time General Fund costs of $219,000 in the first year and $213,000 in the second year for one staff position to implement the required changes.
VOTES
ASM HUMAN SERVICES: 7-0-0
YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
UPDATED
VERSION: January 9, 2024
CONSULTANT: Bri-Ann Hernández / HUM. S. / (916) 319-2089 FN: 0003186
Date of Hearing: April 17, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1808
Author:(Stephanie Nguyen) – As Introduced Ver:January 9, 2024
Policy Committee: | Human Services | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands, from 12 months to 24 months, eligibility for childcare services under California Work Opportunity and Responsibility to Kids (CalWORKs). The bill accomplishes this by deleting the 12-month eligibility exception for CalWORKs Stage 1, Stage 2, and Stage 3 childcare programs, thereby aligning the timeframe with other subsidized childcare programs.
FISCAL EFFECT:
The California Department of Social Services (CDSS) estimates one-time General Fund costs of $219,000 in the first year and $213,000 in the second year for one staff position to implement the required changes.
COMMENTS:
- Purpose. This author seeks to improve the continuity of services and the eligibility verification process for families who utilize the CalWORKs childcare program by aligning CalWORKs with other subsidized childcare programs. According to the author:
This bill will help to eliminate disparities, streamline processes, and reduce burdens on families accessing childcare support. Reliable childcare is vital for parents pursuing employment or education without worrying about the safety and well-being of their children.
- Background. CalWORKs is the state’s primary cash assistance program, providing eligible low-income families with cash grants and supportive services aimed at helping them secure education, training, and employment. According to CDSS, 347,868 families received monthly CalWORKs grants in fiscal year 2022-23. While grant amounts are adjusted based on family size, income level, and region, in 2022-23, data indicates the average monthly cash grant was $962 across all family sizes and income levels.
In order to receive CalWORKs, a single-parent household is required to participate in 30 hours per week of welfare-to-work (WTW) activities, while a two-parent household is required to engage in 35 hours per week. If the recipient is pregnant or parenting a child under six years of age, 20 hours of WTW activities are required per week. CalWORKs recipients are provided supportive services to allow them to successfully engage in WTW activities. Supportive services include childcare, transportation, counseling, and school or work supplies. In fiscal year 2022-23, 124,410 children participated in CalWORKs childcare programs.
Beginning in January 1, 2023, in an effort to provide greater stability for families and to reduce administrative burdens for both families and agencies, SB 1047 (Limón), Chapter 923, Statutes of 2022, extended a family’s eligibility for ongoing services in various childcare programs and the California State Preschool Program from 12 months to 24 months. After establishing initial or ongoing eligibility, families remain eligible for all childcare programs and are not required to report changes in income or other changes for at least 24 months. However, SB 1047 did not include families receiving childcare services through CalWORKs Stage 1, 2, and 3 programs. These families must continue to re-certify their eligibility after 12 months.
This bill establishes a 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized childcare programs.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 2, 2024
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Alex Lee, Chair
ABPCA Bill Id:AB 1808 (
Author:Stephanie Nguyen) – As Introduced Ver:January 9, 2024
SUBJECT: Childcare and development services: eligibility
SUMMARY: Aligns the California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility period for families with other subsidized childcare programs at 24 months. Specifically, this bill:
- Strikes the following requirements, upon establishing initial or ongoing eligibility for the CalWORKs childcare program (Stage One, Stage Two, or Stage Three):
- A family be considered to have met all eligibility and need requirements for those services for at least 12 months;
- A family must certify or recertify their eligibility after 12 months; and,
- A family must report changes to income or other changes after 12 months.
- Requires, upon establishing initial or ongoing eligibility for first-stage childcare services under the CalWORKs program, a family be considered to meet all eligibility and need requirements and be authorized for not less than 24 months, or until the participant is transferred to the second stage of childcare.
EXISTING LAW:
State law:
- Establishes the CalWORKs program to provide cash assistance and other social services for low-income families through the federal Temporary Assistance for Needy Families (TANF) program. Under CalWORKs, each county provides assistance through a combination of state, county, and federal TANF funds. (Welfare and Institutions Code [WIC] § 11120 et seq.)
- Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, and CalWORKs grant amounts, based on family size and county of residence. (WIC §§ 11150-11160; 11450 et seq.)
- Establishes the “Child Care and Development Services Act” to provide childcare and development services as part of a coordinated, comprehensive, and cost-effective system serving children from birth to 13 years of age and their parents including a full range of supervision, health, and support services through full- and part-time programs. (WIC § 10207 et seq.)
- States legislative intent that all families have access to childcare and development services, through resource and referral where appropriate, and regardless of demographic background or special needs, and that families are provided the opportunity to attain financial stability through employment while maximizing growth and development of their children and enhancing their parenting skills through participation in childcare and development programs. (WIC § 10207.5)
- Defines “childcare and development services” to mean services designed to meet a wide variety of children’s and families’ needs while parents and guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements. (WIC § 10213.5(j))
- Establishes eligibility criteria for state-subsidized child development services based on family and child circumstance, including, but not limited to, being a current aid recipient, income, homelessness, or if a child is or has been abused, neglected, or exploited, as specified. (WIC § 10271)
- Requires a family to provide documentation of current enrollment in a program when establishing eligibility pursuant to 6) above and requires families qualifying under eligibility through this means to submit a self-certification of income for the purposes of prioritizing enrollment and calculating family fees. (WIC § 10271)
- Requires that a family establishing initial or ongoing eligibility for subsidized childcare be considered eligible for 24 months, without requiring the family to have their eligibility or need recertified and without having to report changes to income or other changes for at least 24 months, as specified. (WIC § 10271(h)(1))
- Requires that a family establishing initial or ongoing eligibility for CalWORKs childcare be considered eligible for 12 months, without requiring the family to have their eligibility or need recertified and without having to report changes to income or other changes for at least 12 months, as specified. (WIC § 10271(h)(5))
- Makes legislative intentions ensuring that recipients of aid under CalWORKs, or any successor program, and former recipients who have left aid for employment, are connected as soon as possible to local childcare resources, make stable childcare arrangements, and continue to receive subsidized childcare services after they no longer receive aid as long as they require those services and meet the eligibility. (WIC § 10370(a))
- Establishes three stages of childcare services through which a recipient of aid under CalWORKs, or any successor program, will pass. Provides that, as families’ childcare needs are met by county welfare departments and later by other local childcare and development contractors, it is the intent of the Legislature that families experience no break in their childcare services due to a transition between the three stages of childcare services. (WIC § 10370(b))
- Requires that, in order to ensure that there is no disruption in childcare services due to the planned transitions between the stages of CalWORKs childcare, the first stage or the second stage of childcare services is not to be discontinued until confirmation is received from the administrator of the subsequent stage of childcare that the family has been enrolled in the subsequent stage of childcare, or that the family is ineligible for services in the subsequent stage of childcare. (WIC § 10370(c))
- Requires upon establishing initial eligibility or ongoing eligibility for full-day California State Preschool Program (CSPP) that a family be considered to meet all eligibility and need requirements for those services for not less than 24 months. Further prohibits the need for a family to certify or recertify their eligibility; or be required to report changes to income; or other changes, for at least 24 months, as specified. (Education Code [EDC] § 8208(e)(1))
- Establishes the individualized county childcare subsidy plan pilot projects in the counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, Sonoma, San Mateo, and San Francisco. (EDC §§ 8273; 8283; 8289)
Federal law:
- Establishes the federal TANF program, which provides block grants to states to develop and implement their own state welfare-to-work (WTW) programs designed to provide cash assistance and other supports and services to low-income families (42 United States Code § 601 et seq.)
FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.
COMMENTS:
Background: Subsidized Childcare. California’s subsidized childcare is made up of a complex system of programs serving children from birth through 13 years of age, funded through a mix of federal and state dollars, and administered through a mixed delivery system by local educational agencies, community-based providers, and family childcare providers. Specifically, subsidized childcare is available through numerous voucher-based programs, including but not limited to:
- California Alternative Payment Program (CAPP) helps enroll eligible families for subsidized childcare in licensed centers, family childcare homes, or license-exempt settings and pays for those services directly to the childcare provider selected by the family. The January 2024 California Department of Social Services (CDSS) Child Care Transition Quarterly Report found that in fiscal year 2022-23, there were 92,428 children participating in alternative payment programs (APPs), a decrease from the 99,843 children served in 2021-22.
- Migrant Alternative Payment Program (CMAP) issues vouchers to eligible migrant families that can be used to purchase childcare and development services throughout California’s Central Valley for children from birth through 12 years of age and for older children with exceptional needs. Funding for services follows families as they move from place to place for agricultural work. There were 1,826 children participating in CMAP in 2022-23.
Subsidized childcare is also available through several direct service programs, including, but not limited to:
- General Child Care and Development (CCTR) Programs provide developmentally, culturally, and linguistically appropriate curriculum to children from birth through 12 years of age as well as older children with exceptional needs in centers and family childcare home education networks. There were 25,170 children participating in CCTR in 2022-23, a decrease from the 39,413 children served in 2021-22.
- Family Childcare Home Education Networks (CFCC) provide childcare and development services in family childcare home settings for children from birth through 12 years of age and older children with exceptional needs. CFCC also provides an educational component that is developmentally, culturally, and linguistically appropriate for the children served. There were 2,759 children participating in CFCC in 2022-23, a decrease from the 4,220 children served in 2021-22.
In fiscal year 2022-23, most children enrolled in subsidized childcare and development programs received care through licensed family childcare homes (158,959), centers (124,708), and license-exempt settings (82,704). The total number of children served in a subsidized childcare program in 2022-23 was approximately 250,000 children, a decrease from the 315,566 children served in 2021-22. This count in 2021-22 included 268,071 children from programs that transitioned from the California Department of Education (CDE) due to AB 131 (Committee on Budget), Chapter 116, Statutes of 2021. It is important to note that the total may include duplicate counts for children enrolled in multiple programs within that same year. Excluding children served through CalWORKs Stage One and the Emergency Bridge Program for Foster Children, the following were the demographics of families receiving subsidized childcare: 55.5% Hispanic, 20% White, 18.7% Black, and 3.8% Asian. There were 15.5% of children served who were Dual Language Learners, and of those, 74% spoke Spanish, 5.1% spoke Armenian, 4.4% spoke Cantonese, and 9.3% spoke another language.
Certain eligibility and prioritization rules apply to subsidized childcare in California. Families qualify for non-CalWORKs subsidized childcare if they satisfy at least one requirement in each of two areas: eligibility and need. First, they must meet one of the eligibility criteria, which includes currently receiving assistance, meeting income eligibility, experiencing homelessness, having children receiving protective services or identified as being at risk of abuse, neglect, or exploitation, or having a household member certified to receive benefits from specified means-tested government programs. Additionally, families eligible for subsidized care must demonstrate an income below 85% of the state median income. As per CDSS’ Child Care Bulletin 23-16, effective July 1, 2023, that amount is $6,931 per month for a family of three, totaling $83,172 annually. Next, the family must meet one of the prerequisites for need. This could involve the child being identified by a legal, medical, or social services agency, or residing in an emergency shelter. Alternatively, the parents must either be employed or actively seeking employment, participating in vocational training or educational programs tailored for English language learners or aimed at achieving a high school diploma or general educational development certificate. They may also be in pursuit of permanent housing for family stability, or incapacitated.
State law and regulations specify the detailed and extensive methods for the verification of these requirements by relevant agencies, such as Child Care Resource Centers, APPs, county welfare directors (CWDs), or CFCC, before confirming a family’s eligibility for services. For example, a family is required to provide documentation of current program enrollment when establishing eligibility. Additionally, families qualifying for program eligibility are required to submit a self-certification of income for enrollment prioritization and family fee calculation purposes. The process of verifying program eligibility, income eligibility, and need requirements imposes a significant burden on both families, to provide the necessary documentation, and agency staff, tasked with eligibility verification. In 2021, SB 1047 (Limón), Chapter 923, Statutes of 2022, sought to alleviate these burdens by extending the period of a family’s eligibility for ongoing services in various childcare programs and CSPP from 12 months to 24 months. SB 1047 did not extend this same 24-month eligibility period for families who receive childcare through CalWORKs due to cost pressures.
California Work Opportunity and Responsibility to Kids. CalWORKs is the state’s primary cash assistance program. More specifically, CalWORKs implements the federal TANF program, which is a federal flexible block grant with the objective of providing income and support to families with children. CDSS’ 2023 annual summary report states that 347,868 families received monthly CalWORKs benefits in 2022-23, or 0.8% of the total population in California. CalWORKs provides eligible low-income families with cash grants and supportive services aimed at helping them secure education, training, and employment. While grant amounts are adjusted based on family size, income level, and region, in 2022-23, the average monthly cash grant was $962 across all family sizes and income levels, according to the Legislative Analyst’s Office.
In order to receive CalWORKs, a single-parent household is required to participate in 30 hours per week of WTW activities, while a two-parent household is required to engage in 35 hours per week. If someone is pregnant or parenting a child under six years of age, 20 hours of WTW activities are required per week. WTW activities include participation in subsidized and unsubsidized employment, community service, adult basic education, community college, job skills, training, mental health counseling, substance use disorder treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment. CalWORKs recipients are provided supportive services to allow them to successfully engage in the mentioned WTW activities. Supportive services include childcare, transportation, counseling, and/or school or work supplies.
CalWORKs Childcare. There are three stages in which a CalWORKs recipient or former recipient qualifies for subsidized childcare.
- Stage One begins when a family starts receiving CalWORKs cash assistance and is authorized for childcare provision for up to 12 months upon enrollment. Families may remain in Stage One until their situation is deemed stabilized, or until funds in Stage Two become available. Recipients receive full-time care unless part-time care is specifically requested. Childcare is available for children up to the age of 12 and for children with exceptional needs up to the age of 21. CWDs or their contractors, local APP agencies, administer Stage One. During the yearly recertification, all parents or caregivers still receiving CalWORKs cash aid at the end of their certification period are eligible for recertification in Stage One. A relevant agency may reauthorize the case for another 12 months once the parent or guardian verifies any changes before the authorized childcare end date. Parents or caregivers who no longer receive CalWORKs cash aid are transferred to CalWORKs Stage Two.
- Stage Two is designated for CalWORKs recipients once their stability has been assessed, typically following milestones like securing employment or when a parent or caregiver’s cash aid is terminated. Childcare services will continue in CalWORKs Stage Two for an additional 24 months. CDSS contracts with APP agencies to administer Stage Two.
- Stage Three offers assistance to former CalWORKs families who have been off aid for 24 months. Families continue in Stage Three until their children surpass the eligibility age or their income exceeds 85% of the state median income. Like Stage Two, CDSS contracts with local APP agencies to administer Stage Three.
There were 124,410 children participating in all three stages of CalWORKs childcare programs in 2022-23, a decrease from the 163,901 children served in 2021-22.
Current law states that after establishing initial or ongoing eligibility, families remain eligible for all childcare programs and are not required to report changes in income or other changes for at least 24 months. However, for families enrolled in the CalWORKs Stages childcare programs, families are required to recertify their eligibility after 12 months. This bill aims to reduce the burden on families to come in every 12 months to re-certify their eligibility. Families still meet with their case managers or family advocates for support meeting their needs, but their childcare would be stable for 24 months. The visual representation below demonstrates various scenarios comparing families receiving cash aid for six months in Stage One to those receiving cash aid for 12 months in Stage One and depicts the implications of the new 24-month recertification process.
Individualized County Child Care Subsidy Program. Income eligibility thresholds for subsidized childcare services and for providers apply statewide and do not take into account regional variance in cost of living. Over the years, this one-size-fits-all approach to subsidized childcare, regardless of local cost of living, coupled with an overall need for a greater supply of, and access to, subsidized childcare services has led 13 counties to establish their own individualized county childcare subsidy plans.
Participating counties submitted a pilot plan to CDE requesting flexibility to address local needs, conditions, and priorities of working families in their respective communities. Participating counties did not receive additional funding for the flexibilities allowed; rather, these counties were able to retain and use more of their funding for subsidized childcare, which would otherwise revert to the state’s general fund.
Participating counties were authorized to have local plans to address their childcare needs in ways that supersede state law in specific areas, such as eligibility criteria, fees, reimbursement rates, and methods of maximizing the efficient use of funds. San Mateo County established its pilot in 2004; San Francisco County in 2005; Alameda County in 2015; Santa Clara County in 2016; and the following counties in 2017: Fresno, Monterey, San Benito, Santa Cruz, San Diego, Solano, Contra Costa, Marin, and Sonoma. Thousands of children received care through these pilots.
A 2022 evaluation report by the Indigo Project examined 11 pilots and what they were accomplishing statewide. The report found that the majority of the pilots had implemented the 24-month eligibility for CalWORKs, which providers indicated was a crucial element in providing stability for children and families. Providers further reported that 24-month eligibility greatly reduced administrative burden by allowing more resources to be allocated for direct services to children. Providers can spend less time on meeting with families to continually re-assess and re-certify their eligibility.
This bill aims to streamline the continuity of services and the eligibility verification process for families who utilize the CalWORKs childcare program in order to align with other subsidized childcare programs. Specifically, this bill would expand eligibility from 12 months to 24 months to create parity with the eligibility of other programs.
Author’s Statement: According to the Author, “For over 20 years, the California Work Opportunity and Responsibility to Kids (CalWORKs) program has played a crucial role in reducing poverty, promoting economic stability, and enhancing the quality of life for vulnerable families. A key facet of its success is childcare support, where it provides childcare assistance for parents participating in job training programs.
“Starting January 1, 2023, SB 1047 (Limón) amended the Welfare and Institutions Code (WIC) section 10271(h) implementing a 24-month eligibility period for various childcare programs, including the General Child Care and Development Program, Family Child Care Education Home Network, Migrant Child Care and Development Program, Migrant Alternative Payment Program, Children with Severe Disabilities and Alternative Payment Program. However, it excludes families receiving childcare and development services through CalWORKs for stages 1, 2, and 3.
“Currently, CalWORKs Stage 1, administered by 38 counties through the Alternative Payment Program (APP), allows for a 12-month eligibility. The inconsistencies in time limits across CalWORKs stages contribute to inequities and challenges for families entering CalWORKs.
“[This bill] establishes a consistent 24-month eligibility period for all income-eligible families within CalWORKs, aligning it with other subsidized childcare programs. This bill will help to eliminate disparities, streamline processes, and reduce burdens on families accessing childcare support. Reliable childcare is vital for parents pursuing employment or education without worrying about the safety and well-being of their children.”
Equity Implications: Children of color are more likely than white children to live in poverty in California. Because children of color are more likely to live in families with low incomes, they are disproportionately eligible for subsidized childcare and development programs. The California Budget and Policy Center (Center) reports that children of color made up nearly 74.7% of all children ages 12 and under, but comprised 86.1% of children eligible for subsidized care in 2019. The most substantial disparity was observed among Latinx children, with 52.3% of their 12-under population, compared to 68.1% of children eligible for care.
The Center further reported in February 2024 that only one in nine of California’s children eligible for childcare actually received services in 2022. The number of children eligible for subsidized childcare has grown from 1,479,000 in 2015 to 2,161,000 in 2022, with children of color being disproportionately eligible for subsidized childcare. As the demand for subsidized childcare continues to far outpace supply, families of color are most impacted by this insufficient supply. In light of the significant demand for childcare compared with the constrained availability of funded slots, extending eligibility to 24 months for CalWORKs families guarantees stable childcare arrangements for at least two years. Parents and guardians, especially women of color who disproportionately use subsidized childcare, may use the additional year for professional development or career advancement rather than searching for other childcare options.
Extending eligibility to 24 months also substantially reduces administrative workload, enabling more resources to be directed toward providing direct services to children, which creates parity with the rest of the subsidized childcare programs. Overall, this bill guarantees the continuity of childcare services for working families.
RELATED AND PRIOR LEGISLATION:
AB 1925 (Rendon) of the current legislative session, extends eligibility for subsidized childcare and development programs to families whose child is eligible for and whose child is identified as needing childcare services under the federal Individuals with Disabilities Education Act.
AB 1925 is pending before this committee and set for a hearing on April 2, 2024.
SB 1307 (Becker) of the current legislative session, extends eligibility for subsidized childcare and development services to families with a family member who has verified employment of at least 20 hours or more per week at a childcare center or family childcare home, regardless of household income. Would give third priority, to the extent funds are available in the next state plan, to families that are eligible due to a family member’s employment at a childcare center or family childcare home. SB 1307 is pending before the Senate Human Services Committee.
AB 321 (Valladares), Chapter 903, Statutes of 2022, added prioritization for children who come from a family in which the primary home language is a language other than English into specified federal and state subsidized child development services programs.
SB 1047 (Limón), Chapter 923, Statutes of 2022, among other things, prohibited a family who is eligible for subsidized childcare services from being required to report a change in employment schedule for at least 24 months after establishing eligibility.
AB 131 (Committee on Budget), Chapter 116, Statutes of 2021, transferred all statutes applicable to the transferred programs, including, but not limited to, CalWORKs Stage 2, CalWORKS Stage 3, CAPP, CFCC, and CCTR from EDC to WIC. Pursuant to AB 131, EDC Section 8263 was transferred to the WIC as Section 10271.
AB 1294 (Quirk), Chapter 497, Statutes of 2021, extended the sunset for the individualized county childcare subsidy plan pilot projects for Santa Clara County from July 1, 2022, to July 1, 2023.
SB 50 (Limón) of 2021, would have extended eligibility for childcare and development programs and the preschool program to families in which a member of the family has been certified as eligible to receive benefits from certain means-tested government programs, including Medi-Cal and CalFresh, as specified, and would require those families to submit a self-certification of income for the purposes of prioritizing enrollment and calculating family fees. SB 50 was vetoed by Governor Newsom.
AB 194 (Reyes) of 2019, would have required, upon appropriation, $1 billion to be invested in improving eligible children’s and families’ access to subsidized childcare services. AB 194 was held on the Assembly Appropriations Committee suspense file.
SB 80 (Committee on Budget and Fiscal Review), Chapter 27, Statues of 2019, amended the CalWORKs Stage One childcare program to provide full-time childcare to families immediately upon CalWORKs cash aid approval and continuously for 12 months or until the participants are transferred to Stage Two.
AB 108 (Committee on Budget), Chapter 7, Statutes of 2018, authorized the counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma to, individually as a pilot project, develop and implement individualized county childcare subsidy plans.
AB 258 (Arambula), Chapter 697, Statutes of 2017, authorized Fresno County to establish an individualized county childcare subsidy plan pilot project, which sunset on January 1, 2023.
AB 1542 (Ducheny), Chapter 270, Statutes of 1997, implemented the CalWORKs program, California’s version of the federal TANF program.
REGISTERED SUPPORT / OPPOSITION:
Support
California Alternative Payment Program Association (Sponsor)
4Cs of Alameda County
California Alternative Payment Program Association (CAPPA)
California Family Resource Association
Catholic Charities of Santa Clara County
Central Valley Children's Services Network
Child Abuse Prevention Center and Its Affiliates Safe Kids California, Prevent Child Abuse California, and The California Family Resource Association; the
Child Action, INC.
Child Care Law Center
Child Development Associates
Children's Council of San Francisco
Children's Home Society of California
Children's Resource & Referral of Santa Barbara County
Community Resources for Children
Council for a Strong America
Davis Street Family Resource Center
Del Norte Child Care Council
Family Resource Center
Friends Committee on Legislation of California
Glide
Golden State Opportunity
International Institute of Los Angeles
North Coast Opportunities
Pathways LA
Plumas Rural Services
Solano Family & Children's Services
Supportive Services, INC
Thriving Families California (TFC)
Western Center on Law & Poverty
Opposition
None on file.
Analysis Prepared by: Bri-Ann Hernández / HUM. S. / (916) 319-2089
Discussed in Hearing
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