SB 521: CalWORKs: pregnancy or parenting.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State. Chapter 615, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets pregnant or parenting CalWORKs recipients be excused from welfare‑to‑work requirements and avoids sanctions if their school or employer denied required pregnancy or parenting accommodations under Title IX. It updates the Cal‑Learn program by using “teen,” allowing counties to exempt teens facing destabilizing family crises (like homelessness, domestic violence, untreated mental health needs, or substance misuse) with annual review, and prevents months spent in initial education or post‑19 intensive case management from counting toward CalWORKs time limits. It also creates school progress pay: up to four $100 supplements per year and a $500 payment for high school or equivalency completion.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant.
Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.
This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities.
Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics.
This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX, or other specified laws, and not having received adequate accommodations.
The bill would make a change to a related provision under existing law concerning a stakeholder workgroup.
Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the State Department of Social Services. Existing law provides that all months of aid received under the CalWORKs program apply toward those time limits, except when certain conditions apply, or as otherwise specified by law.
Existing law establishes the Cal-Learn Program, which requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or its equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to, if the teenage parent is expelled from school, childcare is necessary and unavailable, or the teenage parent has a verified illness, injury, or incapacity, as specified.
Existing law generally excludes months when a CalWORKs recipient is eligible for, participating in, or exempt from the Cal-Learn Program from the limit on cumulative total months of CalWORKs aid. Existing law does not limit the amount of time a teenage parent may participate in the initial education components of the Cal-Learn Program in order to obtain a high school diploma or its equivalent. Existing law also authorizes a teen who begins participation in the program before 19 years of age to continue to receive intensive case management services after 19 years of age, until the individual earns a high school diploma or its equivalent.
This bill would revise references of teenage parent in some provisions of the Cal-Learn Program to refer instead to teen. The bill would require the county to exempt a teen from the program when the teen is in a situation or a crisis that is destabilizing their family, as specified. The bill would make all exemptions subject to annual redetermination. The bill would specifically exclude all months in which a teen participates in the initial education components of the Cal-Learn Program and months the individual continues to receive intensive case management services after 19 years of age from being counted toward their cumulative total months of CalWORKs aid.
Existing law requires a participant in the Cal-Learn Program who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Under existing law, if a participant fails to demonstrate that they have made adequate progress in school, as prescribed, the participant is subject to a $100 sanction from the amount of cash aid that the participant would otherwise be paid. Existing law requires the case manager of a participant who fails or refuses to comply with Cal-Learn Program requirements without good cause to inform the client of the consequences of nonparticipation and provide the participant with specified contact information for the local welfare rights organization or legal aid society for further assistance.
This bill would delete those sanctions and related case manager duties for noncompliance in the Cal-Learn Program. The bill would delete a provision requiring the supplement to be paid to the assistance unit of which the teen is a member under a specified timeline.
By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant.
Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.
This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities.
Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics.
This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX, or other specified laws, and not having received adequate accommodations.
The bill would make a change to a related provision under existing law concerning a stakeholder workgroup.
Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the State Department of Social Services. Existing law provides that all months of aid received under the CalWORKs program apply toward those time limits, except when certain conditions apply, or as otherwise specified by law.
Existing law establishes the Cal-Learn Program, which requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or its equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to, if the teenage parent is expelled from school, childcare is necessary and unavailable, or the teenage parent has a verified illness, injury, or incapacity, as specified.
Existing law generally excludes months when a CalWORKs recipient is eligible for, participating in, or exempt from the Cal-Learn Program from the limit on cumulative total months of CalWORKs aid. Existing law does not limit the amount of time a teenage parent may participate in the initial education components of the Cal-Learn Program in order to obtain a high school diploma or its equivalent. Existing law also authorizes a teen who begins participation in the program before 19 years of age to continue to receive intensive case management services after 19 years of age, until the individual earns a high school diploma or its equivalent.
This bill would revise references of teenage parent in some provisions of the Cal-Learn Program to refer instead to teen. The bill would require the county to exempt a teen from the program when the teen is in a situation or a crisis that is destabilizing their family, as specified. The bill would make all exemptions subject to annual redetermination. The bill would specifically exclude all months in which a teen participates in the initial education components of the Cal-Learn Program and months the individual continues to receive intensive case management services after 19 years of age from being counted toward their cumulative total months of CalWORKs aid.
Existing law requires a participant in the Cal-Learn Program who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Under existing law, if a participant fails to demonstrate that they have made adequate progress in school, as prescribed, the participant is subject to a $100 sanction from the amount of cash aid that the participant would otherwise be paid. Existing law requires the case manager of a participant who fails or refuses to comply with Cal-Learn Program requirements without good cause to inform the client of the consequences of nonparticipation and provide the participant with specified contact information for the local welfare rights organization or legal aid society for further assistance.
This bill would delete those sanctions and related case manager duties for noncompliance in the Cal-Learn Program. The bill would delete a provision requiring the supplement to be paid to the assistance unit of which the teen is a member under a specified timeline.
By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant.
Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.
This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities.
Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics.
This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX IX, or other specified laws, and not having received adequate accommodations.
The bill would make a change to a related provision under existing law concerning a stakeholder workgroup.
Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the State Department of Social Services. Existing law provides that all months of aid received under the CalWORKs program apply toward those time limits, except when certain conditions apply, or as otherwise specified by law.
Existing law establishes the Cal-Learn Program, which requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or its equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to, if the teenage parent is expelled from school, childcare is necessary and unavailable, or the teenage parent has a verified illness, injury, or incapacity, as specified.
Existing law generally excludes months when a CalWORKs recipient is eligible for, participating in, or exempt from the Cal-Learn Program from the limit on cumulative total months of CalWORKs aid. Existing law does not limit the amount of time a teenage parent may participate in the initial education components of the Cal-Learn Program in order to obtain a high school diploma or its equivalent. Existing law also authorizes a teen who begins participation in the program before 19 years of age to continue to receive intensive case management services after 19 years of age, until the individual earns a high school diploma or its equivalent.
This bill would revise references of teenage parent in some provisions of the Cal-Learn Program to refer instead to teen. The bill would require the county to exempt a teen from the program when the teen is in a situation or a crisis that is destabilizing their family, as specified. The bill would make all exemptions subject to annual redetermination. The bill would specifically exclude all months in which a teen participates in the initial education components of the Cal-Learn Program and months the individual continues to receive intensive case management services after 19 years of age from being counted toward their cumulative total months of CalWORKs aid.
Existing law requires a participant in the Cal-Learn Program who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Under existing law, if a participant fails to demonstrate that they have made adequate progress in school, as prescribed, the participant is subject to a $100 sanction from the amount of cash aid that the participant would otherwise be paid. Existing law requires the case manager of a participant who fails or refuses to comply with Cal-Learn Program requirements without good cause to inform the client of the consequences of nonparticipation and provide the participant with specified contact information for the local welfare rights organization or legal aid society for further assistance.
This bill would delete those sanctions and related case manager duties for noncompliance in the Cal-Learn Program. The bill would delete a provision requiring the supplement to be paid to the assistance unit of which the teen is a member under a specified timeline.
By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant.
Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.
This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities.
Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics.
This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX and not having received adequate accommodations.
By increasing county duties relating to the administration of the CalWORKs program, the bill would impose a state-mandated local program.The bill would make a change to a related provision under existing law concerning a stakeholder workgroup.
Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the State Department of Social Services. Existing law provides that all months of aid received under the CalWORKs program apply toward those time limits, except when certain conditions apply, or as otherwise specified by law.
Existing law establishes the Cal-Learn Program, which requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or its equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to, if the teenage parent is expelled from school, childcare is necessary and unavailable, or the teenage parent has a verified illness, injury, or incapacity, as specified.
Existing law generally excludes months when a CalWORKs recipient is eligible for, participating in, or exempt from the Cal-Learn Program from the limit on cumulative total months of CalWORKs aid. Existing law does not limit the amount of time a teenage parent may participate in the initial education components of the Cal-Learn Program in order to obtain a high school diploma or its equivalent. Existing law also authorizes a teen who begins participation in the program before 19 years of age to continue to receive intensive case management services after 19 years of age, until the individual earns a high school diploma or its equivalent.
This bill would revise references of teenage parent in some provisions of the Cal-Learn Program to refer instead to teen. The bill would require the county to exempt a teen from the program when the teen is in a situation or a crisis that is destabilizing their family, as specified. The bill would specifically exclude all months in which a teen participates in the initial education components of the Cal-Learn Program and months the individual continues to receive intensive case management services after 19 years of age from being counted toward their cumulative total months of CalWORKs aid.
Existing law requires a participant in the Cal-Learn Program who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Under existing law, if a participant fails to demonstrate that they have made adequate progress in school, as prescribed, the participant is subject to a $100 sanction from the amount of cash aid that the participant would otherwise be paid. Existing law requires the case manager of a participant who fails or refuses to comply with Cal-Learn Program requirements without good cause to inform the client of the consequences of nonparticipation and provide the participant with specified contact information for the local welfare rights organization or legal aid society for further assistance.
This bill would delete those sanctions and related case manager duties for noncompliance in the Cal-Learn Program.
By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant.
Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.
This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities.
Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics.
This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX and not having received adequate accommodations.
By increasing county duties relating to the administration of the CalWORKs program, the bill would impose a state-mandated local program.
The bill would make a change to a related provision under existing law concerning a stakeholder workgroup.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Legislature finds and declares all of the following:
(a)The majority of low-income people live in a household that is working.
(b)A living wage is the best tool to address poverty, as supported by studies that have linked increased access to formal employment directly to poverty reduction.
(c)Access to higher education is crucial to reducing poverty, as studies demonstrate that increased education is linked to improved employment opportunities.
(d)Parenting students face barriers to education due to competing demands between school and caring for their families.
(e)Requiring students to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with the financial support to stay in school while being able to provide for their child or children.
SEC. 2.Section 11320.3 of the Welfare and Institutions Code is amended to read:11320.3.(a)(1)Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.
(2)Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.
(b)The following individuals shall not be required to participate for so long as the condition continues to exist:
(1)An individual under 16 years of age.
(2)(A)A child attending an elementary, secondary, vocational, or technical school on a full-time basis.
(B)A person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall not be required to participate for so long as the condition continues to exist.
(C)For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the persons parent, acting on the persons behalf, submits a written statement expressing the persons intent to enroll in a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.
(3)An individual who meets either of the following conditions:
(A)The individual is disabled as determined by a doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.
(B)The individual is of advanced age.
(4)A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relatives ability to be regularly employed or to participate in welfare-to-work activities.
(5)An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipients ability to be regularly employed or to participate in welfare-to-work activities.
(6)A parent or other relative who meets the criteria in subparagraph (A) or (B).
(A)(i)The parent or other relative has primary responsibility for personally providing care to a child six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause.
(ii)An individual that received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county.
(iii)In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered:
(I)The availability of childcare.
(II)Local labor market conditions.
(III)Other factors determined by the county.
(iv)Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.
(B)In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(7)A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.
(c)An individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individuals status has not changed in a way that would require participation.
(d)(1)Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt, or deferred, as described in Section 11332, or whose only basis for exemption is paragraph (1), (2), (5), (6), or (7) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age. Participating, exempt, or deferred custodial parents shall remain eligible to receive case management and supportive services, if available, and are not subject to sanctions.
(2)Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.
(e)Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(f)A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. The county human services agency shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county human services agency and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:
(1)Lack of necessary supportive services.
(2)In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.
(3)Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, reasonable availability means childcare that is commonly available in the recipients community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.
(4)Denial of reasonable accommodations for pregnant or parenting students in violation of Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
SEC. 3.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 4.Section 11320.31 of the Welfare and Institutions Code, as added by Section 4 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 5.Section 11331.5 of the Welfare and Institutions Code is amended to read:11331.5.(a)Recipients of aid under this chapter who are under 19 years of age, who are pregnant or custodial parents, shall be required to participate in the program, subject to both of the following requirements:
(1)The teen shall participate in the program until earning a high school diploma or its equivalent.
(2)The teen shall participate in the program as a student attending school on a full-time basis, as normally defined by the school in which the participant enrolls.
(b)A teen, as defined in paragraph (2) of subdivision (d), may continue to participate in the program provided for under this article. A teen participating under this article pursuant to this subdivision shall be eligible for the same benefits as is any individual required to participate in the program.
(c)Notwithstanding subdivision (a), the county shall exempt a teen from the program, as verified by the county, subject to annual redetermination, when any of the following conditions occur:
(1)The teen is expelled from school and obtains verification that no other school in the district will permit the teen to attend, and the case manager cannot arrange for enrollment in an alternative school.
(2)The teen cannot receive payment for childcare or transportation expenses due to lack of program funding.
(3)Childcare is necessary and unavailable.
(4)Public or private transportation is necessary and unavailable.
(5)A foster care payment is made under this chapter on behalf of the teen.
(6)The teen has an illness, injury, or incapacity, as determined by a doctors verification, that substantially deprives the teen of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged.
(7)The teen is in a situation or a crisis that is destabilizing their family, including, but not limited to, any of the following:
(A)Homelessness or imminent risk of homelessness.
(B)A lack of safety due to domestic violence.
(C)Untreated or undertreated behavioral and mental health needs.
(D)The misuse of controlled substances or alcohol.
(d)For the purposes of this article, teen or teenage parent means either of the following:
(1)A custodial parent or pregnant person under 19 years of age, who is required to participate pursuant to subdivision (a).
(2)A custodial parent or pregnant person 19 years of age who, prior to becoming 19 years of age, was participating in the program pursuant to subdivision (a), and who is otherwise eligible for voluntary continued participation in the program.
SEC. 6.Section 11332.7 of the Welfare and Institutions Code is amended to read:11332.7.(a)Notwithstanding Article 3.2 (commencing with Section 11320), there shall be no limits on the amount of time that a teen under 19 years of age may participate in the initial education components of the program in order to achieve a high school diploma or its equivalent.
(b)A teen who begins participation in the program before 19 years of age may continue to receive needed intensive case management services after 19 years of age until the individual earns a high school diploma or its equivalent.
(c)A month in which a recipient participates in the program pursuant to this section shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454.
SEC. 7.Section 11333.7 of the Welfare and Institutions Code is repealed.SEC. 8.Section 11333.7 is added to the Welfare and Institutions Code, to read:11333.7.(a)A participating or exempt student, as described in Section 11331.5, or a deferred student, as described in Section 11332, shall, not more than four times in a calendar year, receive a one-hundred-dollar ($100) supplement to the amount of aid paid pursuant to Section 11450.
(b)A participant required to participate pursuant to Section 11333.5 who successfully completes high school or a California high school equivalency examination shall receive a five-hundred-dollar ($500) supplement. An assistance unit shall not receive a one-hundred-dollar ($100) supplement when a five-hundred-dollar ($500) supplement for the same report card or progress report is paid. The five-hundred-dollar ($500) supplement shall be paid to the teen in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month.
(c)(1)For purposes of this section, in a school that provides periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale on which A equals 4.0 points and F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale.
(2)For purposes of this section, in a school or other educational program that does not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the schools regular assessment of periodic progress.
SEC. 9.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 10.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)The majority of low-income people live in a household that is working.
(b)A living wage is the best tool to address poverty, as supported by studies that have linked increased access to formal employment directly to poverty reduction.
(c)Access to higher education is crucial to reducing poverty, as studies demonstrate that increased education is linked to improved employment opportunities.
(d)Parenting students face barriers to education due to competing demands between school and caring for their families.
(e)Requiring students to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with the financial support to stay in school while being able to provide for their child or children.
SEC. 2.Section 11320.3 of the Welfare and Institutions Code is amended to read:11320.3.(a)(1)Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.
(2)Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.
(b)The following individuals shall not be required to participate for so long as the condition continues to exist:
(1)An individual under 16 years of age.
(2)(A)A child attending an elementary, secondary, vocational, or technical school on a full-time basis.
(B)A person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall not be required to participate for so long as the condition continues to exist.
(C)For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the persons parent, acting on the persons behalf, submits a written statement expressing the persons intent to enroll in a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.
(3)An individual who meets either of the following conditions:
(A)The individual is disabled as determined by a doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.
(B)The individual is of advanced age.
(4)A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relatives ability to be regularly employed or to participate in welfare-to-work activities.
(5)An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipients ability to be regularly employed or to participate in welfare-to-work activities.
(6)A parent or other relative who meets the criteria in subparagraph (A) or (B).
(A)(i)The parent or other relative has primary responsibility for personally providing care to a child six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause.
(ii)An individual that received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county.
(iii)In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered:
(I)The availability of childcare.
(II)Local labor market conditions.
(III)Other factors determined by the county.
(iv)Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.
(B)In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(7)A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.
(c)An individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individuals status has not changed in a way that would require participation.
(d)(1)Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt, or deferred, as described in Section 11332, or whose only basis for exemption is paragraph (1), (2), (5), (6), or (7) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age. Participating, exempt, or deferred custodial parents shall remain eligible to receive case management and supportive services, if available, and are not subject to sanctions.
(2)Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.
(e)Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(f)A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. The county human services agency shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county human services agency and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:
(1)Lack of necessary supportive services.
(2)In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.
(3)Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, reasonable availability means childcare that is commonly available in the recipients community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.
(4)Denial of reasonable accommodations for pregnant or parenting students in violation of Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
SEC. 3.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 4.Section 11320.31 of the Welfare and Institutions Code, as added by Section 4 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 5.Section 11331.5 of the Welfare and Institutions Code is amended to read:11331.5.(a)Recipients of aid under this chapter who are under 19 years of age, who are pregnant or custodial parents, shall be required to participate in the program, subject to both of the following requirements:
(1)The teen shall participate in the program until earning a high school diploma or its equivalent.
(2)The teen shall participate in the program as a student attending school on a full-time basis, as normally defined by the school in which the participant enrolls.
(b)A teen, as defined in paragraph (2) of subdivision (d), may continue to participate in the program provided for under this article. A teen participating under this article pursuant to this subdivision shall be eligible for the same benefits as is any individual required to participate in the program.
(c)Notwithstanding subdivision (a), the county shall exempt a teen from the program, as verified by the county, subject to annual redetermination, when any of the following conditions occur:
(1)The teen is expelled from school and obtains verification that no other school in the district will permit the teen to attend, and the case manager cannot arrange for enrollment in an alternative school.
(2)The teen cannot receive payment for childcare or transportation expenses due to lack of program funding.
(3)Childcare is necessary and unavailable.
(4)Public or private transportation is necessary and unavailable.
(5)A foster care payment is made under this chapter on behalf of the teen.
(6)The teen has an illness, injury, or incapacity, as determined by a doctors verification, that substantially deprives the teen of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged.
(7)The teen is in a situation or a crisis that is destabilizing their family, including, but not limited to, any of the following:
(A)Homelessness or imminent risk of homelessness.
(B)A lack of safety due to domestic violence.
(C)Untreated or undertreated behavioral and mental health needs.
(D)The misuse of controlled substances or alcohol.
(d)For the purposes of this article, teen or teenage parent means either of the following:
(1)A custodial parent or pregnant person under 19 years of age, who is required to participate pursuant to subdivision (a).
(2)A custodial parent or pregnant person 19 years of age who, prior to becoming 19 years of age, was participating in the program pursuant to subdivision (a), and who is otherwise eligible for voluntary continued participation in the program.
SEC. 6.Section 11332.7 of the Welfare and Institutions Code is amended to read:11332.7.(a)Notwithstanding Article 3.2 (commencing with Section 11320), there shall be no limits on the amount of time that a teen under 19 years of age may participate in the initial education components of the program in order to achieve a high school diploma or its equivalent.
(b)A teen who begins participation in the program before 19 years of age may continue to receive needed intensive case management services after 19 years of age until the individual earns a high school diploma or its equivalent.
(c)A month in which a recipient participates in the program pursuant to this section shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454.
SEC. 7.Section 11333.7 of the Welfare and Institutions Code is repealed.SEC. 8.Section 11333.7 is added to the Welfare and Institutions Code, to read:11333.7.(a)A participating or exempt student, as described in Section 11331.5, or a deferred student, as described in Section 11332, shall, not more than four times in a calendar year, receive a one-hundred-dollar ($100) supplement to the amount of aid paid pursuant to Section 11450.
(b)A participant required to participate pursuant to Section 11333.5 who successfully completes high school or a California high school equivalency examination shall receive a five-hundred-dollar ($500) supplement. An assistance unit shall not receive a one-hundred-dollar ($100) supplement when a five-hundred-dollar ($500) supplement for the same report card or progress report is paid. The five-hundred-dollar ($500) supplement shall be paid to the teen in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month.
(c)(1)For purposes of this section, in a school that provides periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale on which A equals 4.0 points and F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale.
(2)For purposes of this section, in a school or other educational program that does not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the schools regular assessment of periodic progress.
SEC. 9.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 10.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)The majority of low-income people live in a household that is working.
(b)A living wage is the best tool to address poverty, as supported by studies that have linked increased access to formal employment directly to poverty reduction.
(c)Access to higher education is crucial to reducing poverty, as studies demonstrate that increased education is linked to improved employment opportunities.
(d)Parenting students face barriers to education due to competing demands between school and caring for their families.
(e)Requiring students to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with the financial support to stay in school while being able to provide for their child or children.
SEC. 2.Section 11320.3 of the Welfare and Institutions Code is amended to read:11320.3.(a)(1)Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.
(2)Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.
(b)The following individuals shall not be required to participate for so long as the condition continues to exist:
(1)An individual under 16 years of age.
(2)(A)A child attending an elementary, secondary, vocational, or technical school on a full-time basis.
(B)A person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall not be required to participate for so long as the condition continues to exist.
(C)For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the persons parent, acting on the persons behalf, submits a written statement expressing the persons intent to enroll in a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.
(3)An individual who meets either of the following conditions:
(A)The individual is disabled as determined by a doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.
(B)The individual is of advanced age.
(4)A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relatives ability to be regularly employed or to participate in welfare-to-work activities.
(5)An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipients ability to be regularly employed or to participate in welfare-to-work activities.
(6)A parent or other relative who meets the criteria in subparagraph (A) or (B).
(A)(i)The parent or other relative has primary responsibility for personally providing care to a child six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause.
(ii)An individual that received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county.
(iii)In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered:
(I)The availability of childcare.
(II)Local labor market conditions.
(III)Other factors determined by the county.
(iv)Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.
(B)In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(7)A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.
(c)An individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individuals status has not changed in a way that would require participation.
(d)(1)Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt exempt, or deferred, as described in Section 11332, or whose only basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) or (7) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age. Participating, exempt, or deferred custodial parents shall remain eligible to receive case management and supportive services, if available, and are not subject to sanctions.
(2)Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.
(e)Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(f)A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. The county human services agency shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county human services agency and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:
(1)Lack of necessary supportive services.
(2)In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.
(3)Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, reasonable availability means childcare that is commonly available in the recipients community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.
(4)Denial of reasonable accommodations for pregnant or parenting students in violation of Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
SEC. 3.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 4.Section 11320.31 of the Welfare and Institutions Code, as added by Section 4 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems System (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 5.Section 11331.5 of the Welfare and Institutions Code is amended to read:11331.5.(a)Recipients of aid under this chapter who are under 19 years of age, who are pregnant or custodial parents, shall be required to participate in the program, subject to both of the following requirements:
(1)The teen shall participate in the program until earning a high school diploma or its equivalent.
(2)The teen shall participate in the program as a student attending school on a full-time basis, as normally defined by the school in which the participant enrolls.
(b)A teen, as defined in paragraph (2) of subdivision (d), may continue to participate in the program provided for under this article. A teen participating under this article pursuant to this subdivision shall be eligible for the same benefits as is any individual required to participate in the program.
(c)Notwithstanding subdivision (a), the county shall exempt a teen from the program, as verified by the county, subject to annual redetermination, when any of the following conditions occur:
(1)The teen is expelled from school and obtains verification that no other school in the district will permit the teen to attend, and the case manager cannot arrange for enrollment in an alternative school.
(2)The teen cannot receive payment for childcare or transportation expenses due to lack of program funding.
(3)Childcare is necessary and unavailable.
(4)Public or private transportation is necessary and unavailable.
(5)A foster care payment is made under this chapter on behalf of the teen.
(6)The teen has an illness, injury, or incapacity, as determined by a doctors verification, that substantially deprives the teen of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged.
(7)The teen is in a situation or a crisis that is destabilizing their family, including, but not limited to, any of the following:
(A)Homelessness or imminent risk of homelessness.
(B)A lack of safety due to domestic violence.
(C)Untreated or undertreated behavioral needs, including mental health- or substance abuse-related needs. and mental health needs.
(D)The misuse of controlled substances or alcohol.
(d)For the purposes of this article, teen or teenage parent means either of the following:
(1)A custodial parent or pregnant person under 19 years of age, who is required to participate pursuant to subdivision (a).
(2)A custodial parent or pregnant person 19 years of age who, prior to becoming 19 years of age, was participating in the program pursuant to subdivision (a), and who is otherwise eligible for voluntary continued participation in the program.
SEC. 6.Section 11332.7 of the Welfare and Institutions Code is amended to read:11332.7.(a)Notwithstanding Article 3.2 (commencing with Section 11320), there shall be no limits on the amount of time that a teen under the age of 19 19 years of age may participate in the initial education components of the program in order to achieve a high school diploma or its equivalent.
(b)A teen who begins participation in the program before the age of 19 19 years of age may continue to receive needed intensive case management services after the age of 19 19 years of age until the individual earns a high school diploma or its equivalent.
(c)A month in which a recipient participates in the program pursuant to this section shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454.
SEC. 7.Section 11333.7 of the Welfare and Institutions Code is repealed.SEC. 8.Section 11333.7 is added to the Welfare and Institutions Code, to read:11333.7.(a)A participant required to participate pursuant to Section 11331.5 who maintains satisfactory progress in school shall, A participating or exempt student, as described in Section 11331.5, or a deferred student, as described in Section 11332, shall, not more than four times in a calendar year, receive a one-hundred-dollar ($100) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid to the assistance unit of which the teen is a member in the month following submission of the report card, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the report card, if received by the county after the 11th calendar day of the month.
(b)A participant required to participate pursuant to Section 11333.5 who successfully completes high school or a California high school equivalency examination shall receive a five-hundred-dollar ($500) supplement. An assistance unit shall not receive a one-hundred-dollar ($100) supplement when a five-hundred-dollar ($500) supplement for the same report card or progress report is paid. The five-hundred-dollar ($500) supplement shall be paid to the teen in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month.
(c)(1)For purposes of this section, in a school that provides periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale on which A equals 4.0 points and F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale.
(2)For purposes of this section, in a school or other educational program that does not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the schools regular assessment of periodic progress.
SEC. 9.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 10.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)The majority of low-income people live in a household that is working.
(b)A living wage is the best tool to address poverty, as supported by studies that have linked increased access to formal employment directly to poverty reduction.
(c)Access to higher education is crucial to reducing poverty, as studies demonstrate that increased education is linked to improved employment opportunities.
(d)Parenting students face barriers to education due to competing demands between school and caring for their families.
(e)Requiring students to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with the financial support to stay in school while being able to provide for their child or children.
SEC. 2.Section 11320.3 of the Welfare and Institutions Code is amended to read:11320.3.(a)(1)Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.
(2)Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.
(b)The following individuals shall not be required to participate for so long as the condition continues to exist:
(1)An individual under 16 years of age.
(2)(A)A child attending an elementary, secondary, vocational, or technical school on a full-time basis.
(B)A person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall not be required to participate for so long as the condition continues to exist.
(C)For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the persons parent, acting on the persons behalf, submits a written statement expressing the persons intent to enroll in a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.
(3)An individual who meets either of the following conditions:
(A)The individual is disabled as determined by a doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.
(B)The individual is of advanced age.
(4)A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relatives ability to be regularly employed or to participate in welfare-to-work activities.
(5)An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipients ability to be regularly employed or to participate in welfare-to-work activities.
(6)A parent or other relative who meets the criteria in subparagraph (A) or (B).
(A)(i)The parent or other relative has primary responsibility for personally providing care to a child six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause.
(ii)An individual that received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county.
(iii)In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered:
(I)The availability of childcare.
(II)Local labor market conditions.
(III)Other factors determined by the county.
(iv)Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.
(B)In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(7)A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.
(c)An individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individuals status has not changed in a way that would require participation.
(d)(1)Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt or whose only basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(2)Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.
(e)Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(f)A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. The county human services agency shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county human services agency and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:
(1)Lack of necessary supportive services.
(2)In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.
(3)Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, reasonable availability means childcare that is commonly available in the recipients community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.
(4)Denial of reasonable accommodations for pregnant or parenting students in violation of Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
SEC. 3.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 4.Section 11320.31 of the Welfare and Institutions Code, as added by Section 4 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 5.Section 11331.5 of the Welfare and Institutions Code is amended to read:11331.5.(a)Recipients of aid under this chapter who are under 19 years of age, who are pregnant or custodial parents, shall be required to participate in the program, subject to both of the following requirements:
(1)The teenage parent teen shall participate in the program until earning his or her a high school diploma or its equivalent.
(2)The teenage parent teen shall participate in the program as a student attending school on a full-time basis, as normally defined by the school in which the participant enrolls.
(b)A teen, as defined in paragraph (2) of subdivision (e) (d), may continue to participate in the program provided for under this article. Any A teen participating under this article pursuant to this subdivision shall be eligible for the same benefits as is any individual required to participate in the program.
(c)Notwithstanding subdivision (a), the county shall exempt a teenage parent from the program as verified by the county teen from the program, as verified by the county, when any of the following conditions occur:
(1)The teenage parent teen is expelled from school and obtains verification that no other school in the district will permit him or her the teen to attend, and the case manager cannot arrange for enrollment in an alternative school.
(2)The teenage parent teen cannot receive payment for child care childcare or transportation expenses due to lack of program funding.
(3)Child care Childcare is necessary and unavailable.
(4)Public or private transportation is necessary and unavailable.
(5)A foster care payment is made under this chapter on behalf of the teenage parent. teen.
(6)The teen parent has an illness, injury, or incapacity, as determined by a doctors verification, that substantially deprives the teen parent of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged.
(7)The teen is in a situation or a crisis that is destabilizing their family, including, but not limited to, any of the following:
(A)Homelessness or imminent risk of homelessness.
(B)A lack of safety due to domestic violence.
(C)Untreated or undertreated behavioral needs, including mental health- or substance abuse-related needs.
(d)For the purposes of this article, teen or teenage parent means either of the following:
(1)A custodial parent or pregnant woman person under 19 years of age, who is required to participate pursuant to subdivision (a).
(2)A custodial parent or pregnant woman person 19 years of age who, prior to becoming 19 years of age, was participating in the program pursuant to subdivision (a), and who is otherwise eligible for voluntary continued participation in the program.
SEC. 6.Section 11332.7 of the Welfare and Institutions Code is amended to read:11332.7.(a)Notwithstanding Article 3.2 (commencing with Section 11320), there shall be no limits on the amount of time that a teenage parent teen under the age of 19 may participate in the initial education components of the program in order to achieve a high school diploma or its equivalent.
(b)Teenage parents who begin A teen who begins participation in the program before the age of 19 may continue to receive needed intensive case management services after the age of 19 until the individual earns a high school diploma or its equivalent.
(c)A month in which a recipient participates in the program pursuant to this section shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454.
SEC. 7.Section 11333.7 of the Welfare and Institutions Code is repealed.11333.7.(a)Any participant required to participate pursuant to Section 11331.5 who maintains satisfactory progress in school shall, not more than four times in a calendar year, receive a one hundred dollar ($100) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid to the assistance unit of which the teenage parent is a member in the month following submission of the report card, if received by the county no later than the eleventh calendar day of the month, or in the second month following submission of the report card, if received by the county after the eleventh calendar day of the month.(b)(1)Any participant required to participate pursuant to Section 11331.5 who fails to demonstrate that he or she has made adequate progress in school, either by failing to provide the report card or based on the grades on the report card, shall, not more than four times in a calendar year, be subject to a sanction that shall be a reduction of one hundred dollars ($100) of the amount that would otherwise be paid under Section 11450 apportioned equally over a two-month period.(2)(A)Participants, including, but not limited to, those subject to sanctions, may seek to demonstrate good cause for lack of adequate progress. If there is good cause for lack of adequate progress the county shall either defer the participant from program participation, or waive all or part of the sanction, or both. Participants shall not otherwise be subject to conciliation under Section 11327.4 and sanctions under Section 11327.5, and shall be referred to case management services to determine the causes of poor school performance and how it can be improved.(B)For the purposes of this section, failing to make adequate progress in school shall constitute good cause only when there is a condition or other circumstances that substantially deprive the participant of the ability to make adequate progress on the report card or periodic progress report.(c)Any participant required to participate pursuant to Section 11333.5 who successfully completes high school or a California high school equivalency examination shall receive a five hundred dollar ($500) supplement. No assistance unit shall receive a one hundred dollar ($100) supplement when a five hundred dollar ($500) supplement for the same report card or progress report is paid. The five hundred dollar ($500) supplement shall be paid to the teenage parent in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month.(d)The sanction specified in subdivision (b) shall be applied only once per report card, not to exceed fifty dollars ($50) in any single month, and shall be applied to the amount of aid paid to the assistance unit of which the teenage parent is a member pursuant to Section 11450. The participant shall submit a copy of the report card to the case manager within 10 working days of receipt of the report card.(e)(1)For purposes of this section, in schools that provide periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale where A equals 4.0 points and F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale.(2)For the purposes of this section, in schools or other educational programs that do not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the schools regular assessment of periodic progress.(f)In cases where a participant is subject to a sanction pursuant to subdivision (b), case managers shall do all of the following:(1)Fully inform teenage parents of the consequences of continuing to fail to comply with the program.(2)Make reasonable efforts to reach teenage parents who they believe are in danger of continuing to fail to make satisfactory or adequate progress or not to attend school.(3)Make reasonable efforts to secure a face-to-face meeting with a teenage parent before initiating a sanction.(g)If a teenage parent fails or refuses to comply with program requirements without good cause, the case manager shall again inform the client of the consequences of not participating in the program, and shall provide the teenage parent with the telephone number and address of the local welfare rights organization or legal aid society, should he or she need further assistance.SEC. 8.Section 11333.7 is added to the Welfare and Institutions Code, to read:11333.7.(a)A participant required to participate pursuant to Section 11331.5 who maintains satisfactory progress in school shall, not more than four times in a calendar year, receive a one-hundred-dollar ($100) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid to the assistance unit of which the teen is a member in the month following submission of the report card, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the report card, if received by the county after the 11th calendar day of the month.
(b)A participant required to participate pursuant to Section 11333.5 who successfully completes high school or a California high school equivalency examination shall receive a five-hundred-dollar ($500) supplement. An assistance unit shall not receive a one-hundred-dollar ($100) supplement when a five-hundred-dollar ($500) supplement for the same report card or progress report is paid. The five-hundred-dollar ($500) supplement shall be paid to the teen in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month.
(c)(1)For purposes of this section, in a school that provides periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale on which A equals 4.0 points and F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale.
(2)For purposes of this section, in a school or other educational program that does not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the schools regular assessment of periodic progress.
SEC. 5.SEC. 9.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 6.SEC. 10.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)The majority of low-income people live in a household that is working.
(b)A living wage is the best tool to address poverty, as supported by studies that have linked increased access to formal employment directly to poverty reduction.
(c)Access to higher education is crucial to reducing poverty, as studies demonstrate that increased education is linked to improved employment opportunities.
(d)Parenting students face barriers to education due to competing demands between school and caring for their families.
(e)Requiring students to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with the financial support to stay in school while being able to provide for their child or children.
SEC. 2.Section 11320.3 of the Welfare and Institutions Code is amended to read:11320.3.(a)(1)Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.
(2)Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.
(b)The following individuals shall not be required to participate for so long as the condition continues to exist:
(1)An individual under 16 years of age.
(2)(A)A child attending an elementary, secondary, vocational, or technical school on a full-time basis.
(B)A person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall not be required to participate for so long as the condition continues to exist.
(C)For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the persons parent, acting on the persons behalf, submits a written statement expressing the persons intent to enroll in a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.
(3)An individual who meets either of the following conditions:
(A)The individual is disabled as determined by a doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.
(B)The individual is of advanced age.
(4)A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relatives ability to be regularly employed or to participate in welfare-to-work activities.
(5)An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipients ability to be regularly employed or to participate in welfare-to-work activities.
(6)A parent or other relative who meets the criteria in subparagraph (A) or (B).
(A)(i)The parent or other relative has primary responsibility for personally providing care to a child six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause.
(ii)An individual that received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county.
(iii)In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered:
(I)The availability of childcare.
(II)Local labor market conditions.
(III)Other factors determined by the county.
(iv)Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.
(B)In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(7)A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.
(c)An individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individuals status has not changed in a way that would require participation.
(d)(1)Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt or whose only basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(2)Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.
(e)Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(f)A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipients ability to be regularly employed or to participate in welfare-to-work activities. The county human services agency shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county human services agency and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:
(1)Lack of necessary supportive services.
(2)In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.
(3)Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individuals hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, reasonable availability means childcare that is commonly available in the recipients community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.
(4)Denial of reasonable accommodations for pregnant or parenting students in violation of Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
SEC. 3.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 4.Section 11320.31 of the Welfare and Institutions Code, as added by Section 4 of Chapter 588 of the Statutes of 2022, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 5.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State. Chapter 615, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 12, 2023 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2677.) Ordered to engrossing and enrolling. |
| Sep 11, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 11, 2023 | Read third time. Passed. (Ayes 80. Noes 0. Page 3162.) Ordered to the Senate. |
| Sep 8, 2023 | Read third time and amended. |
| Sep 8, 2023 | Ordered to third reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 16. Noes 0.) (September 1). |
| Aug 16, 2023 | August 16 set for first hearing. Placed on suspense file. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jun 8, 2023 | Referred to Com. on HUM. S. |
| May 25, 2023 | In Assembly. Read first time. Held at Desk. |
| May 25, 2023 | Read third time. Passed. (Ayes 40. Noes 0. Page 1301.) Ordered to the Assembly. |
| May 23, 2023 | Ordered to special consent calendar. |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 7. Noes 0. Page 1174.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 8, 2023 | May 8 hearing: Placed on APPR suspense file. |
| May 1, 2023 | Set for hearing May 8. |
| Apr 26, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 893.) (April 25). Re-referred to Com. on APPR. |
| Apr 18, 2023 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 748.) (April 17). Re-referred to Com. on JUD. |
| Apr 14, 2023 | Set for hearing April 25 in JUD. pending receipt. |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S. |
| Mar 16, 2023 | Set for hearing April 17. |
| Mar 15, 2023 | March 20 set for first hearing canceled at the request of author. |
| Feb 28, 2023 | Set for hearing March 20. |
| Feb 22, 2023 | Referred to Coms. on HUMAN S. and JUD. |
| Feb 15, 2023 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 12, 2023 | Unfinished Business SB521 Smallwood-Cuevas et Concurrence | Senate Floor |
Passed |
|
| Sep 11, 2023 | SB 521 Smallwood-Cuevas Senate Third Reading By Jackson | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
|
| May 25, 2023 | Special Consent SB521 Smallwood-Cuevas et | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 8, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 17, 2023 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate 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
|
|---|---|---|
| AFSCME | ** Support | |
| American Association Of University Women - California | ** Support | |
| BreastfeedLA | ** Support | |
| Building Skills Partnership | ** Support | |
| California Catholic Conference | ** Support | |
| California Federation of Teachers, AFL-CIO | ** Support | |
| Center for Worklife Law | ** Support | |
| Children Now | ** Support | |
| Children's Partnership, the | ** Support | |
| Coalition of California Welfare Rights Organizations | ** Support | |
| Drug Policy Alliance | ** Support | |
| Ella Baker Center For Human Rights | ** Support | |
| Equal Rights Advocates | ** Support | |
| Grace Institute - End Child Poverty in Ca | ** Support | |
| Michelson Center For Public Policy | ** Support | |
| National Association Of Social Workers, California Chapter | ** Support | |
| Parent Voices California | ** Support | |
| University Of California Student Association | ** Support | |
| western center on law & poverty | ** Support | |
| Women's Foundation of California, Dr. Beatriz Maria Solis Policy Institute | ** Support | |
| Women’s Foundation California Solis Policy Institute | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 521 |
UNFINISHED BUSINESS
Bill No: SB 521
Author: Smallwood-Cuevas (D), et al.
Amended: 9/8/23
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 4-0, 4/17/23
AYES: Alvarado-Gil, Ochoa Bogh, Menjivar, Wahab
NO VOTE RECORDED: Hurtado
SENATE JUDICIARY COMMITTEE: 10-0, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Wiener
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SENATE FLOOR: 40-0, 5/25/23
AYES: Allen, Alvarado-Gil, 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
ASSEMBLY FLOOR: 80-0, 9/11/23 - See last page for vote
SUBJECT: CalWORKs: pregnancy or parenting
SOURCE: The Dr. Beatriz Maria Solis Policy Institute - Women's Foundation of California
DIGEST:
This bill (1) adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) activities; (2) excludes all months a teen participates in the Cal-Learn Program (Cal-Learn) from being counted toward their time on aid limit, as specified; (3) removes sanctions and case management referral for failure to participate, or as a result of noncompliance; and (4) expands the list of reasons a county may exempt a teen from Cal-Learn participation.
Assembly Amendments
specify that participating, exempt, or deferred Cal-Learn custodial parents remain eligible to receive case management and supportive services, if available, and prohibits them from being subject to sanction; extending the quarterly $100 supplement to all Cal-Learn participants, regardless of satisfactory progress; specify that exemptions from participation are subject to an annual redetermination by the county, and make technical changes.
ANALYSIS:
Existing law:
- Establishes, under federal law, the Temporary Assistance for Needy Families (TANF) Program to provide cash aid and WTW services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code (USC) 601 et seq., WIC 11200 et seq.)
- Prohibits any person in the United States from being excluded from participation in, being denied the benefits of, or being subjected to discrimination under any education program or activity receiving federal financial assistance on the basis of sex, with certain exceptions, as specified. (20 USC 1681)
- Establishes a number of exemptions to CalWORKs WTW requirements, including, among others, if an individual is of advanced age, determined by a doctor to have a disability that significantly impairs the individual’s ability to work regularly or participate in WTW activities, or is pregnant. (WIC 11320.3(b))
- Prohibits sanctions from being applied for failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment for specified reasons, including for violation of the CalWORKs recipients rights, and others, as provided. (WIC 11320.31)
- Requires, when a Cal-Learn participant who is subject to a sanction for a case manager to do all of the following: (a) Fully inform teenage parents of the consequences of continuing to fail to comply with the program, (b) make reasonable efforts to secure a face-to-face meeting with the teenage parent before initiating a sanction, and (c) make reasonable efforts to reach the teenage parents who they believe are in danger of continuing to fail to make satisfactory or adequate progress or not attending school. (WIC 11333.7(e)(1-3))
- Requires a county to verify and to exempt a teenage parent from the Cal-Learn Program when specified conditions occur. (WIC 11331.5(c)
- Provides that each person between the ages of six and 18 years who is not an exempt person is subject to compulsory full-time education. (EDC 48200)
This bill:
- Makes legislative findings and declarations that a living wage is the best tool to address poverty, and how access to higher education is crucial to reducing poverty, and increased education is linked to improved employment opportunities.
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities, as long as the condition continues to exist.
- Prohibits a county welfare department from sanctioning a CalWORKs recipient when the recipient fails to receive adequate, required pregnancy- or parenting-related accommodation covered under Title IX of the Federal Education Amendments of 1972, as provided.
- Specifies that exemptions of a teen from participation in Cal-Learn are subject to annual redetermination.
- Expands the list of required conditions a county must exempt a teen/teenage parent from participating in Cal-Learn to include a situation or crisis that is destabilizing their family, including, but not limited to:
- Homelessness or imminent risk of homelessness.
- A lack of safety due to domestic violence.
- Untreated or undertreated behavioral and mental health needs.
- The misuse of controlled substances or alcohol.
- Removes all references to “teen parent” and instead refers to a Cal-Learn participant as a “teen”.
- Expands eligibility to receive a $100 supplement to the amount of aid paid, as specified, to all Cal-Learn participants including those exempt and deferred.
- Specifies that participating, exempt, or deferred Cal-Learn custodial parents remain eligible to receive case management and supportive services, if available, and prohibits them from being subject to sanction.
- Removes the requirement that a participant must maintain satisfactory progress in school in order to receive a $100 supplement and that the supplement payment be paid to the assistance unit of which the teen is a member in the month following submission of the report card, as specified.
- Removes all Cal-Learn sanction provisions for a recipient’s failure to either participate in the program or make adequate progress in their education requirements.
- Removes all provisions related to case manager duties for a recipient’s noncompliance in Cal-Learn.
- Provides that if the Commission on State Mandates determines this act contains costs mandated by the state, that reimbursement to local agencies and school districts for those cost be made.
- Makes technical changes.
Background
Cal-Learn Program. Cal-Learn is for pregnant and parenting teens, who receive CalWORKs benefits. Provided statewide, Cal-Learn is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and maintain healthy families. Pregnant and parenting teens who are receiving CalWORKs are required to participate in Cal-Learn if they: are under the age of 19; live in the same household as their child; have not graduated from high school or its equivalent; and are not in foster care. In FY 2020-21, there were 1,597 Cal-Learn participants.
The program consists of three coordinated services to assist parenting teens to become self-sufficient adults and responsible parents. Services include: intensive case management to assist teen parents to obtain education, health and social services; supportive services such as child care, transportation, and educational expenses to enable pregnant/parenting teens to attend school; and, bonuses and sanctions to encourage school attendance and good grades. Four $100 bonuses per year may be earned based on report card results, and a one-time $500 bonus for graduating or attaining an equivalent high school diploma. Sanctions are applied if satisfactory grades are not maintained, and/or timely report cards are not submitted.
This bill expands the list of required conditions that a county must exempt a teen parent from participating in Cal-Learn to include a situation or crisis that is destabilizing their family.
CalWORKs Welfare-to-Work (WTW) Requirements. Unless deemed exempt, an adult in a one-parent assistance unit (AU) is required to participate in WTW activities for an average of 30 hours per week or, in the case of someone who is pregnant or parenting a child under age six, an average of 20 hours per week, monthly. In a two-parent AU, one or both adults must participate in WTW activities for a combined average of 35 hours 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 abuse treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient’s portion of the family’s grant may be subtracted from the amount provided to the family. Beginning May 1, 2022, Under AB 79 (Committee on Budget, Chapter 11, Statutes of 2020), CalWORKs recipients could again be eligible to receive cash aid for up to 60 months, which aligns California law with the federal time limit rules.[1]
Sanctions. Federal TANF statutes direct states to sanction nonexempt recipients who fail to participate in required work activities. However, federal law prohibits states from sanctioning a single parent with a child under age six for failing to meet work requirements, if child care is not available. Aside from this restriction, the federal TANF statutes provide states flexibility to determine their WTW sanction processes, including defining noncompliance, determining good cause, establishing the severity of sanctions, and developing procedures to apply and appeal sanctions. Under both the CalWORKs and Cal-Learn Programs, a financial sanction is applied when a mandatory (non-exempt) WTW participant or teen parent participant fails or refuses to comply with program requirements without good cause, and the compliance process has failed, or the individual has not fulfilled the terms of their CalWORKs WTW compliance plan or Cal-Learn case plan as agreed.
Under CDSS Manual of Policies and Procedures (MMP) 42-762, a teen parent is required to participate in Cal-Learn until the end of the month in which the teen parent turns age 19 (or 20 if the teen parent is a volunteer), or until either a high school diploma or its equivalent is earned. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. The teen parent is also required to submit a current, quarterly report cards or progress reports to their Cal-Learn case manager within 10 working days from the date it is issued.
MMP 42-762 also outlines the duties of the Cal-Learn case manager. If a teen parent fails to make adequate progress or fails to submit a report card as required, within 10 working days from that date, the case manager must send a written notification to the teen parent, make reasonable efforts to reach the teen parent, and secure a face-to-face meeting with the teen parent. These efforts to contact the teen may include a telephone call to the teen parent, face-to-face contact with the teen parent, or a written notice with an appointment date if the case manager cannot contact the teen parent by telephone or by in-person contact. After all efforts are made by the case manager and the teen parent does not engage or continues to fail to make adequate progress or fails to submit their report card, they their grant will receive a $100 sanction. Sanction can be imposed up to four times in a 12-month period for each teen parent who fails to make adequate progress in his or her school program without demonstrating good cause. In FY 2020-21, 20 Cal-Learn participants were sanctioned.
This bill instead removes a county’s ability to institute a sanction if a teen fails to maintain their grades while in high school or its equivalent or for failure to submit their report card, and all case management duties related to the sanction process. The bill instead specifies that participating, exempt, or deferred Cal-Learn custodial parents remain eligible to receive case management and supportive services, if available, and specifies they are not subject to sanctions.
WTW Exemptions for Pregnant Individuals and Those Parenting Young Children. County human services agencies determine if there is a condition or other circumstance that temporarily prevents or significantly impairs a CalWORKs recipient from working or participating in WTW activities. CalWORKs participants may be granted exemptions that excuse them from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, receipt of paid family leave, or for the care of an infant or a young child. If exempt, a person can still voluntarily participate in the program to be able to access supportive services offered through the WTW program.
This bill adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of reasons that may be considered good cause for not participating in CalWORKs WTW activities.
Reasonable Accommodations at Colleges. AB 2785 (Rubio, Chapter 947, Statutes of 2018) required CSUs and CCCs, and urged UCs and the other campuses satellite sites, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, whenever a student is required to be present on campus. CSUs and CCCs also must not academically penalize students for their use of the reasonable accommodations. Students are also allowed an opportunity to make up any work missed due to these needs. For a student who believes their rights have been violated, either under this law or Title IX, the student may file a complaint of noncompliance with the CSU Office of the Chancellor or the CCC Board of Governors, or take other legal action.
This bill prohibits a county from sanctioning a CalWORKs recipient if the recipient who requires pregnancy- or parenting-related accommodations covered under federal Title IX did not receive adequate accommodations, as provided.
Related/Prior Legislation
AB 2300 (Kalra, Chapter 588, Statutes of 2022), among other things, exempted a recipient receiving Paid Family Leave from CalWORKs aid time limits and prohibited sanctions from being applied for failure or refusal to comply with CalWORKs work requirements if the anticipated work hours are unpredictable or certain labor law protections are violated, and permitted a person to requalify for CalWORKs benefits by attending school on a full-time basis, as provided.
SB 65 (Skinner Chapter 449, Statutes of 2021) established the California Momnibus Act, which, amongst other things, eliminates the mandatory requirement to work or participate in WTW for pregnant persons, and makes participation voluntary for all pregnant people, regardless of whether the individual meets prior exemption requirements.
SB 35 (Committee on Budget and Fiscal Review, Chapter 69, Statutes of 1993) and SB 1078 (Watson, Chapter 1252, Statutes of 1993), among other things, established the Cal-Learn Program that requires pregnant and parenting teens to attend school to obtain their high school diploma or GED, as provided.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- The California Department of Social Services (CDSS) estimates General Fund costs of approximately $310,000 in fiscal year (FY) 2023-24 and $33,000 in FY 2024-25 and ongoing as the result of eliminating sanctions in the Cal-Learn program. This includes a one-time GF automation cost in FY 2023-24 of approximately $294,000 for necessary IT changes. California's annual $3.7 billion federal TANF block grant, which can be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Costs to counties of an unknown amount for increased administrative workload. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
SUPPORT: (Verified 9/11/23)
Women's Foundation of California, Dr. Beatriz Maria Solis Policy Institute (source)
AFSCME
American Association of University Women - California
Breastfeedla
Building Skills Partnership
California Catholic Conference
California Federation of Teachers AFL-CIO
Center for Worklife Law
Children Now
Children's Partnership, the
Coalition of California Welfare Rights Organizations
Drug Policy Alliance
Ella Baker Center for Human Rights
Grace Institute - End Child Poverty in CA
Michelson Center for Public Policy
National Association of Social Workers, California Chapter
Parent Voices California
University of California Student Association
Western Center on Law & Poverty
OPPOSITION: (Verified 9/11/23)
None received
ASSEMBLY FLOOR: 80-0, 9/11/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
Prepared by: Bridgett Hankerson / HUMAN S. / (916) 651-1524
9/11/23 19:56:49
**** END ****
During recessionary state budget cuts, the maximum time on aid was reduced to 48-months and a 24-month time clock for
WTW was created through SB 1041 (Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2012). ↑
SENATE THIRD READING
STR Bill Id:SB 521
Author:(Smallwood-Cuevas)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Adds denial of reasonable accommodations for pregnant or parenting students to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids program (CalWORKs) welfare-to-work (WTW) activities; expands the conditions that exempt a teen from the Cal-Learn Program and removes sanctions and case management referral for failure to participate, or as a result of noncompliance.
Major Provisions
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities.
- Prohibits a county human services agency from sanctioning a CalWORKs recipient when the recipient requires, but fails to receive, adequate pregnancy- or parenting-related accommodations covered under Title IX or under Education Code Sections 66252, 66271.9, or 66281.7.
- Expands the list of conditions requiring a county to exempt a teen from the Cal-Learn Program, as verified by the county and subject to redetermination, to include a teen being in a situation or crisis that is destabilizing their family, including, but not limited to: homelessness or imminent risk of homelessness; a lack of safety due to domestic violence; or, untreated or undertreated behavioral needs, including mental health or substance use disorder related needs.
- Strikes provisions that subjected Cal-Learn participants to sanctions for failing to demonstrate adequate progress in school and as a result, referral to case management services.
- Prohibits a month in which a recipient participates in Cal-Learn from being counted as a month of receipt of aid for the purposes of CalWORKs.
COMMENTS
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. CalWORKs provides eligible low-income families with cash grants and supportive services aimed at helping them to secure education, training, and employment. Among others, the supportive services include mental health counseling, substance use disorder treatment, or domestic violence services; job skills training; attendance in a secondary school or in a course leading to certificate of general educational development. Unless deemed exempt or otherwise not required to participate per CalWORKs rules, parents are required to develop and participate in a WTW plan. CalWORKs-approved WTW activities can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance use disorders, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
CalWORKs grant amounts generally are adjusted for family size, income level, and region. Grant amounts are set and adjusted based on assistance unit (AU) size –larger AUs are eligible to receive a larger grant amount– to account for the increased financial needs of these families. In 2022-23, the maximum monthly grant for a family of three on CalWORKs (one parent and two children), if the family has no other income and lives in a high cost-of-living county, is $925. The same family living in a lower cost-of-living county would be eligible for up to $878 per month. However, the average monthly cash grant for the family is estimated to be $717. Many families earn some income, or live in a lower cost-of-living county, and do not qualify for the maximum grant amount. About 398,400 families are projected to receive CalWORKs benefits in Fiscal Year 2022-23.
Cal-Learn is a required statewide program for pregnant and parenting teenagers (under 19 years old) that receive CalWORKs assistance. According to CDSS, "It is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and form healthy families. Three coordinated services help teens become self-sufficient adults and responsible parents: intensive case management assists teen parents to obtain education, health and social services; supportive services such as child care, transportation, educational expenses, to enable pregnant/parenting teens to attend school; and bonuses and sanctions to encourage school attendance and good grades. Four $100 bonuses per year may be earned based on report card results, and a one-time $500 bonus for graduating or attaining an equivalent high school diploma. Sanctions are applied if satisfactory grades are not maintained, and/or timely report cards are not submitted."
A teen parent is required to participate in the Cal-Learn Program until the end of the month in which the teen parent turns age 19 (or 20 if the teen parent is a volunteer), or until either a high school diploma or its equivalent is earned. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. The teen parent is also required to submit a current, quarterly report cards or progress reports to their Cal-Learn case manager within 10 working days from the date it is issued. If a teen parent fails to make adequate progress or submit a report card as required, within 10 working days from that date, the case manager sends a written notification to the teen parent, make reasonable efforts to reach the teen parent, and secure a face-to-face meeting.
CalWORKs Welfare-to-Work Requirement. Unless deemed exempt, an adult in a one-parent assistance unit is required to participate in WTW activities for an average of 30 hours per week or, in the case of someone who is pregnant or parenting a child under age six, an average of 20 hours per week, monthly. In a two-parent assistance unit, one or both adults must participate in WTW activities for a combined average of 35 hours 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. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient's portion of the family's grant may be subtracted from the amount provided to the family.
Welfare-to-work exemptions. CalWORKs participants may be granted exemptions that excuse them from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, or for the care of an infant or a young child. If exempt, a person can still voluntarily participate in the program to be able to access supportive services offered through the WTW program. CalWORKs recipients exempt from WTW activities may choose at any time to voluntarily participate in WTW activities or choose to end this participation, without loss of eligibility for CalWORKs aid, as long as the recipient's exemption status does not change in a way that would require their participation. Currently, individuals receiving CalWORKs can receive an exemption from participation in WTW activities if they are a parent or other relative who has primary, personal responsibility for caring for an infant in the first 12 weeks, six months, or 12 months after birth.
Sanctions. Absent of WTW exemptions, recipients must participate in a WTW plan as described above. The state compels CalWORKs recipients by issuing sanctions as a "stick." If a family has failed or refused, as defined by current law, to participate, without "good cause," in the WTW plan arranged with their county, which is a condition of aid, then families face sanctions or penalties pausing their aid. In order to cease the sanction, a recipient must sign and agree to a plan and then execute the planned work-related activities which can be the same activities previously agreed upon, or new, appropriate ones for 30 days or the length of the activity, whichever is less. For teen parents, the Cal-Learn program is their work requirement so if the parent participant fails or refuses to comply with program requirements without good cause, and the compliance process has failed, or the individual has not fulfilled the terms of their Cal-Learn case plan as agreed. For teen parents, the first sanction is $100 and can be imposed up to four times in a 12-month period for each teen parent who fails to make adequate progress in his or her school program as described above. In FY 2020-21, 20 Cal-Learn participants were sanctioned.
Equity Implications. According to "Harmful Obstacles: CalWORKs Work Participation Rate (WPR) Penalty" by the Budget Center, CalWORKs parents face a labor market in which gender- and race-based discrimination is ongoing, as well as workplace expectations and practices that make it difficult for parents to balance work with caregiving responsibilities. These dynamics significantly affect CalWORKs parents, who are predominantly women, people of color, and parents of young children.
According to the Author
"Student parents pursue education to not only join the workforce but to financial security and a better future for their families. The cost of living is increasing in California and it's our job as legislators to make sure everyone has a chance to continue their education as well as take care of their family without stressing about their financial needs. Unfortunately, pregnant, lactating, and parenting students cannot always balance their financial needs of their families with the demands of their coursework, and despite protections provided by Title IX, thee student parents often face consequences from professors who don't provide appropriate accommodations. While most students can appeal these decisions, students in CalWORKs and Cal-Learn risk losing critical benefits if they fail to meet coursework completion requirements. [This bill] provides a "good cause" exemption from CalWORKs sanctions for these lapses in academic performance resulting from, a lack of Title IX accommodations such as attending medical appointments or pumping breast milk. In addition, [this bill] removes sanction from Cal-Learn and adds conditions that exempt Cal-Learn recipients from participating in the program if they are facing a destabilizing event, such as homelessness, domestic violence or behavioral health issues. More importantly, when adequate progress is not met, Cal-Learn recipients won't see a reduction in their CalWORKs benefits".
Arguments in Support
According to the Women's Foundation California, Solis Policy Institute, The Children's Partnership, University of California Student Association, National Association of Social Workers – California Chapter, Equal Rights Advocates, Drug Policy Alliance, Coalition of California Welfare Rights Organizations, Pregnant Scholar Initiative of the Center for Work Life Law, Building Skills Partnership, "By extending protections from sanctions for pregnant, parenting and lactating CalWORKs and Cal-Learn students, [this bill] will help this population maintain the economic resources they need to stay on track academically. This bill will address existing gaps and strengthen the safety net for student parents, especially those who come from communities that have historically lacked economic stability, so that they can continue their education and find meaningful employment opportunities to achieve increased social mobility."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee on August 14, 2023:
- The California Department of Social Services (CDSS) estimates General Fund costs of approximately $310,000 in fiscal year (FY) 2023-24 and $33,000 in FY 2024-25 and ongoing as the result of eliminating sanctions in the Cal-Learn program. This includes a one-time GF automation cost in FY 2023-24 of approximately $294,000 for necessary IT changes. California's annual $3.7 billion federal TANF block grant, which can be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Costs to counties of an unknown amount for increased administrative workload. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
VOTES
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, 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
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Garcia
ABS, ABST OR NV: Calderon
ASM APPROPRIATIONS: 16-0-0
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Soria, Weber, Wilson
UPDATED
VERSION: September 8, 2023
CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0002166
SENATE THIRD READING
STR Bill Id:SB 521
Author:(Smallwood-Cuevas)
As Amended Ver:March 20, 2023
Majority vote
SUMMARY
Adds denial of reasonable accommodations for pregnant or parenting students to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids program (CalWORKs) welfare-to-work (WTW) activities; expands the conditions that exempt a teen from the Cal-Learn Program and removes sanctions and case management referral for failure to participate, or as a result of noncompliance.
Major Provisions
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities.
- Prohibits a county human services agency from sanctioning a CalWORKs recipient when the recipient requires, but fails to receive, adequate pregnancy- or parenting-related accommodations covered under Title IX.
- Expands the list of conditions requiring a county to exempt a teen from the Cal-Learn Program, as verified by the county, to include a teen being in a situation or crisis that is destabilizing their family, including, but not limited to: homelessness or imminent risk of homelessness; a lack of safety due to domestic violence; or, untreated or undertreated behavioral needs, including mental health or substance use disorder related needs.
- Strikes provisions that subjected Cal-Learn participants to sanctions for failing to demonstrate adequate progress in school and as a result, referral to case management services.
- Prohibits a month in which a recipient participates in Cal-Learn from being counted as a month of receipt of aid for the purposes of CalWORKs.
COMMENTS
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. CalWORKs provides eligible low-income families with cash grants and supportive services aimed at helping them to secure education, training, and employment. Among others, the supportive services include mental health counseling, substance use disorder treatment, or domestic violence services; job skills training; attendance in a secondary school or in a course leading to certificate of general educational development. Unless deemed exempt or otherwise not required to participate per CalWORKs rules, parents are required to develop and participate in a WTW plan. CalWORKs-approved WTW activities can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance use disorders, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
CalWORKs grant amounts generally are adjusted for family size, income level, and region. Grant amounts are set and adjusted based on assistance unit (AU) size –larger AUs are eligible to receive a larger grant amount– to account for the increased financial needs of these families. In 2022-23, the maximum monthly grant for a family of three on CalWORKs (one parent and two children), if the family has no other income and lives in a high cost-of-living county, is $925. The same family living in a lower cost-of-living county would be eligible for up to $878 per month. However, the average monthly cash grant for the family is estimated to be $717. Many families earn some income, or live in a lower cost-of-living county, and do not qualify for the maximum grant amount. About 398,400 families are projected to receive CalWORKs benefits in Fiscal Year 2022-23.
Cal-Learn is a required statewide program for pregnant and parenting teenagers (under 19 years old) that receive CalWORKs assistance. According to CDSS, "It is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and form healthy families. Three coordinated services help teens become self-sufficient adults and responsible parents: intensive case management assists teen parents to obtain education, health and social services; supportive services such as child care, transportation, educational expenses, to enable pregnant/parenting teens to attend school; and bonuses and sanctions to encourage school attendance and good grades. Four $100 bonuses per year may be earned based on report card results, and a one-time $500 bonus for graduating or attaining an equivalent high school diploma. Sanctions are applied if satisfactory grades are not maintained, and/or timely report cards are not submitted."
A teen parent is required to participate in the Cal-Learn Program until the end of the month in which the teen parent turns age 19 (or 20 if the teen parent is a volunteer), or until either a high school diploma or its equivalent is earned. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. The teen parent is also required to submit a current, quarterly report cards or progress reports to their Cal-Learn case manager within 10 working days from the date it is issued. If a teen parent fails to make adequate progress or submit a report card as required, within 10 working days from that date, the case manager sends a written notification to the teen parent, make reasonable efforts to reach the teen parent, and secure a face-to-face meeting.
CalWORKs Welfare-to-Work Requirement. Unless deemed exempt, an adult in a one-parent assistance unit is required to participate in WTW activities for an average of 30 hours per week or, in the case of someone who is pregnant or parenting a child under age six, an average of 20 hours per week, monthly. In a two-parent assistance unit, one or both adults must participate in WTW activities for a combined average of 35 hours 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. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient's portion of the family's grant may be subtracted from the amount provided to the family.
Welfare-to-work exemptions. CalWORKs participants may be granted exemptions that excuse them from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, or for the care of an infant or a young child. If exempt, a person can still voluntarily participate in the program to be able to access supportive services offered through the WTW program. CalWORKs recipients exempt from WTW activities may choose at any time to voluntarily participate in WTW activities or choose to end this participation, without loss of eligibility for CalWORKs aid, as long as the recipient's exemption status does not change in a way that would require their participation. Currently, individuals receiving CalWORKs can receive an exemption from participation in WTW activities if they are a parent or other relative who has primary, personal responsibility for caring for an infant in the first 12 weeks, six months, or 12 months after birth.
Sanctions. Absent of WTW exemptions, recipients must participate in a WTW plan as described above. The state compels CalWORKs recipients by issuing sanctions as a "stick." If a family has failed or refused, as defined by current law, to participate, without "good cause," in the WTW plan arranged with their county, which is a condition of aid, then families face sanctions or penalties pausing their aid. In order to cease the sanction, a recipient must sign and agree to a plan and then execute the planned work-related activities which can be the same activities previously agreed upon, or new, appropriate ones for 30 days or the length of the activity, whichever is less. For teen parents, the Cal-Learn program is their work requirement so if the parent participant fails or refuses to comply with program requirements without good cause, and the compliance process has failed, or the individual has not fulfilled the terms of their Cal-Learn case plan as agreed. For teen parents, the first sanction is $100 and can be imposed up to four times in a 12-month period for each teen parent who fails to make adequate progress in his or her school program as described above. In FY 2020-21, 20 Cal-Learn participants were sanctioned.
Equity Implications. According to "Harmful Obstacles: CalWORKs Work Participation Rate (WPR) Penalty" by the Budget Center, CalWORKs parents face a labor market in which gender- and race-based discrimination is ongoing, as well as workplace expectations and practices that make it difficult for parents to balance work with caregiving responsibilities. These dynamics significantly affect CalWORKs parents, who are predominantly women, people of color, and parents of young children.
According to the Author
"Student parents pursue education to not only join the workforce but to financial security and a better future for their families. The cost of living is increasing in California and it's our job as legislators to make sure everyone has a chance to continue their education as well as take care of their family without stressing about their financial needs. Unfortunately, pregnant, lactating, and parenting students cannot always balance their financial needs of their families with the demands of their coursework, and despite protections provided by Title IX, thee student parents often face consequences from professors who don't provide appropriate accommodations. While most students can appeal these decisions, students in CalWORKs and Cal-Learn risk losing critical benefits if they fail to meet coursework completion requirements. [This bill] provides a "good cause" exemption from CalWORKs sanctions for these lapses in academic performance resulting from, a lack of Title IX accommodations such as attending medical appointments or pumping breast milk. In addition, SB 521 removes sanction from Cal-Learn and adds conditions that exempt Cal-Learn recipients from participating in the program if they are facing a destabilizing event, such as homelessness, domestic violence or behavioral health issues. More importantly, when adequate progress is not met, Cal-Learn recipients won't see a reduction in their CalWORKs benefits.
Arguments in Support
According to the Women's Foundation California, Solis Policy Institute, The Children's Partnership, University of California Student Association, National Association of Social Workers – California Chapter, Equal Rights Advocates, Drug Policy Alliance, Coalition of California Welfare Rights Organizations, Pregnant Scholar Initiative of the Center for Work Life Law, Building Skills Partnership, "By extending protections from sanctions for pregnant, parenting and lactating CalWORKs and Cal-Learn students, SB 521 will help this population maintain the economic resources they need to stay on track academically. This bill will address existing gaps and strengthen the safety net for student parents, especially those who come from communities that have historically lacked economic stability, so that they can continue their education and find meaningful employment opportunities to achieve increased social mobility."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee on August 14, 2023:
- The California Department of Social Services (CDSS) estimates General Fund costs of approximately $310,000 in fiscal year (FY) 2023-24 and $33,000 in FY 2024-25 and ongoing as the result of eliminating sanctions in the Cal-Learn program. This includes a one-time GF automation cost in FY 2023-24 of approximately $294,000 for necessary IT changes. California's annual $3.7 billion federal TANF block grant, which can be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Costs to counties of an unknown amount for increased administrative workload. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
VOTES
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, 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
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Garcia
ABS, ABST OR NV: Calderon
ASM APPROPRIATIONS: 16-0-0
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Soria, Weber, Wilson
UPDATED
VERSION: March 20, 2023
CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0001592
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 521
Author:(Smallwood-Cuevas) – As Amended Ver:March 20, 2023
Policy Committee: | Human Services | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, as a good cause for not participating in California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) activities, and expands the list of conditions that exempt a teen from the Cal-Learn program.
Specifically, this bill:
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities, as long as the condition continues to exist.
- Prohibits a county human services agency from sanctioning a CalWORKs recipient when the recipient requires, but fails to receive, adequate pregnancy- or parenting-related accommodations covered under Title IX.
- Expands the list of conditions requiring a county to exempt a teen from the Cal-Learn program to include a situation or crisis that is destabilizing the teen’s family, including, but not limited to homelessness or imminent risk of homelessness, a lack of safety due to domestic violence, or untreated or undertreated behavioral needs, including mental health or substance-use-disorder-related needs.
- Deletes sanctions to Cal-Learn participants for failing to demonstrate adequate progress in school.
- Excludes months in which a CalWORKs recipient participates in the initial education components of the Cal-Learn program and months the individual continues to receive intensive case management services from being counted toward their cumulative total months of CalWORKs aid.
FISCAL EFFECT:
- The California Department of Social Services (CDSS) estimates General Fund costs of approximately $310,000 in fiscal year (FY) 2023-24 and $33,000 in FY 2024-25 and ongoing as the result of eliminating sanctions in the Cal-Learn program. This includes a one-time GF automation cost in FY 2023-24 of approximately $294,000 for necessary IT changes. California's annual $3.7 billion federal Temporary Assistance for Needy Families (TANF) block grant, which can be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Costs to counties of an unknown amount for increased administrative workload. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
COMMENTS:
- Purpose. The author seeks to help pregnant and parenting CalWORKs and Cal-Learn students maintain the economic resources they need to stay on track academically. According to the author:
Student parents pursue education to not only join the workforce but to gain financial security and a better future for their families. Unfortunately, pregnant, lactating, and parenting students cannot always balance their financial needs of their families with the demands of their coursework, and despite protections provided by Title IX, these student parents often face consequences from professors who don’t provide appropriate accommodations. While most students can appeal these decisions, students in CalWORKs and Cal-Learn risk losing critical benefits if they fail to meet coursework completion requirements.
- Background.
CalWORKS. CalWORKs, the state’s primary cash assistance program, implements the federal TANF program and provides eligible low-income families with cash grants, supportive services, and other benefits, including additional allowances for pregnancy, homeless assistance, and recurring special needs.
In 2022-23, the maximum monthly cash grant for a family of three on CalWORKs (one parent and two children), if the family had no other income and lived in a high cost-of-living county, was $925. Many families earn some income, or live in a lower cost-of-living county, and do not qualify for the maximum grant amount. State and federal laws impose a 60-month lifetime limit on the receipt of CalWORKS aid. Under certain circumstances, a month of aid does not count towards the time limit. CDSS estimates about 398,400 families will receive CalWORKs benefits in fiscal year 2022-23.
Unless deemed exempt, CalWORKs adults must participate in Welfare-to-Work (WTW) activities. WTW activities include participation in subsidized and unsubsidized employment, community service, adult basic education, community college, training, mental health counseling, or other activities necessary to assist recipients in obtaining employment. If a CalWORKs recipient does not meet the WTW requirements, the recipient may be sanctioned, and that recipient’s portion of the family’s grant may be subtracted from the amount provided to the family.
CalWORKs participants may be granted exemptions from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, or caring for an infant or a young child, including being a parent or other relative who has primary, personal responsibility for caring for an infant in the first 12 weeks, six months, or 12 months after birth.
Title IX. Existing federal law, Title IX of the Federal Education Amendments of 1972, states no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. This bill adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of reasons that may be considered good cause for not participating in CalWORKs WTW activities and prohibits a county from sanctioning a CalWORKs recipient who fails to receive adequate pregnancy- or parenting-related accommodations covered under Title IX.
Cal-Learn Program. Pregnant and parenting teens under 19 years of age and receiving CalWORKs must participate in the Cal-Learn program if they live in the same household as their child, have not graduated from high school or its equivalent, and are not in foster care. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. Sanctions are applied if satisfactory grades are not maintained or timely report cards are not submitted. This bill eliminates a county’s ability to sanction teen parents for failing to meet these requirements.
A county must exempt a teenage parent from Cal-Learn if specified conditions occur, including if the teenage parent is expelled from school, childcare is necessary and unavailable, or the teenage parent has a verified illness, injury, or incapacity, as specified.
This bill adds a situation or crisis that is destabilizing the teen’s family, including homelessness, domestic violence, and untreated or undertreated behavioral needs, to the list of conditions requiring a county to exempt a teen from Cal-Learn.
This bill also prohibits any month a teen participates in Cal-Learn from counting toward a teen’s cumulative, 60-month lifetime limit of CalWORKs aid.
- Related Legislation. AB 310 (Arambula) makes various changes to CalWORKs and WTW requirements including removing provisions related to work requirements for pregnant women. AB 310 was referred to, but not heard in, the Senate Committee on Human Services.
- Prior Legislation. SB 65 (Skinner), Chapter 449, Statutes of 2021, among other things, eliminated the mandatory requirement to work or participate in WTW for pregnant persons, and made participation voluntary for all pregnant people, regardless of whether an individual met prior exemption requirements.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: July 11, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
SBPCA Bill Id:SB 521
Author:(Smallwood-Cuevas) – As Amended Ver:March 20, 2023
SENATE VOTE: 40-0
SUBJECT: CalWORKs: pregnancy or parenting
SUMMARY: Adds denial of reasonable accommodations for pregnant or parenting students to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids program (CalWORKs) welfare-to-work (WTW) activities; expands the conditions that exempt a teen from the Cal-Learn Program and removes sanctions and case management referral for failure to participate, or as a result of noncompliance. Specifically, this bill:
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities.
- Prohibits a county human services agency from sanctioning a CalWORKs recipient when the recipient requires, but fails to receive, adequate pregnancy- or parenting-related accommodations covered under Title IX.
- Expands the list of conditions requiring a county to exempt a teen from the Cal-Learn Program, as verified by the county, to include a teen being in a situation or crisis that is destabilizing their family, including, but not limited to:
- Homelessness or imminent risk of homelessness;
- A lack of safety due to domestic violence; or,
- Untreated or undertreated behavioral needs, including mental health or substance use disorder related needs.
- Strikes provisions that subjected Cal-Learn participants to sanctions for failing to demonstrate adequate progress in school and as a result, referral to case management services.
- Removes references to a “teenage parent” and instead refers to a Cal-Learn Program participant as a “teen.”
- Prohibits a month in which a recipient participates in Cal-Learn from being counted as a month of receipt of aid for the purposes of CalWORKs
- Makes the following findings and declarations:
- The majority of low-income people live in a household that is working;
- A living wage is the best tool to address poverty, as supported by studies that have linked increased access to formal employment directly to poverty reduction;
- Access to higher education is crucial to reducing poverty, as studies demonstrate that increased education is linked to improved employment opportunities;
- Parenting students face barriers to education due to competing demands between school and caring for their families; and,
- Requiring students to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with the financial support to stay in school while being able to provide for their child or children.
EXISTING LAW:
- Establishes under federal law the “Temporary Assistance for Needy Families (TANF) Program” to provide cash aid and WTW services to eligible families and, in California, provides that TANF funds for WTW services are administered through the CalWORKs program. (42 United States Code (USC) 601 et seq. & Welfare and Institutions Code Section [WIC] 11200 et seq.)
- Prohibits any person in the United States from being excluded from participation in, being denied the benefits of, or being subjected to discrimination under any education program or activity receiving federal financial assistance on the basis of sex, with certain exceptions, as specified. (20 USC 1681)
- Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in WTW activities as a condition of eligibility for CalWORKs. (WIC 11320.3 & 11322.6)
- Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, including specified requirements for an unemployed parent in a two-parent assistance unit. (WIC 11322.8)
- Establishes a number of exemptions to CalWORKs WTW requirements, including, among others, if an individual is of advanced age, determined by a doctor to have a disability that significantly impairs the individual’s ability to work regularly or participate in WTW activities, or is pregnant. (WIC 11320.3(b))
- Provides an exemption from CalWORKs WTW requirements for a parent or other relative who has primary responsibility for taking care of a child six months of age or under. Specifies that this period may be reduced to the first 12 weeks after the birth or adoption of the child or increased to the first 12 months after the birth or adoption of the child, as provided. Stipulates that an individual may only use this exemption once. Further requires, in a family eligible for CalWORKs benefits due to unemployment of the principal wage earner, the exemption to be applied to only one parent. (WIC 11320.3(b)(6))
- Provides that any individual not required to participate in WTW activities may choose to participate voluntarily, and may end that participation at any time without loss of eligibility for CalWORKs aid, if their status has not changed in a way that would require participation, as specified. (WIC 11320.3(c))
- Prohibits sanctions from being applied for failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment for specified reasons, including for violation of the CalWORKs recipients rights, and others, as provided. (WIC 11320.31)
- Provides that a recipient is exempt from participating in WTW activities because the recipient has primary responsibility for personally providing care to a child 24 months of age or younger, as specified. (WIC 11454.5(a)(7))
- Establishes the Cal-Learn Program, and requires CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until they earn a high school diploma or its equivalent. (WIC 11331.5 et seq.)
- Allows for a Cal-Learn Program participant who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Requires a participant who fails to demonstrate that they have made adequate progress in school, as prescribed, to be sanctioned from the amount of cash aid that the participant would otherwise be paid. (WIC 11333.7(a)-(b))
- Requires, when a Cal-Learn Program participant who is subject to a sanction for a case manager to do all of the following: a) Fully inform teenage parents of the consequences of continuing to fail to comply with the program, b) make reasonable efforts to secure a face-to-face meeting with the teenage parent before initiating a sanction, and c) make reasonable efforts to reach the teenage parents who they believe are in danger of continuing to fail to make satisfactory or adequate progress or not attending school. (WIC 11333.7(e)(1-3))
- Requires the Cal-Learn Program case manager of a participant who fails or refuses to comply with the program requirements without good cause to inform them of the consequences of nonparticipation and to provide the participant with specified contact information for the local welfare rights organization or legal aid society should they need further assistance. (WIC 11333.7(g))
- Prohibits a parent or caretaker relative from being eligible for aid when they have received aid from California or any state under the TANF program of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), for a cumulative total of 60 months, except as provided. Further requires all months of aid received under this chapter to be applied to the 60-month time limit as described. (WIC 11454 et seq.)
- Requires a county to verify and to exempt a teenage parent from the Cal-Learn Program when any of the following conditions occur:
- The teenage parent is expelled from school and obtains verification that no other school in the district will permit him or her to attend, and the case manager cannot arrange for enrollment in an alternative school.
- The teenage parent cannot receive payment for child care or transportation expenses due to lack of program funding.
- Child care is necessary and unavailable.
- Public or private transportation is necessary and unavailable.
- A foster care payment is made under this chapter on behalf of the teenage parent.
- The teen parent has an illness, injury, or incapacity, as determined by a doctor’s verification, that substantially deprives the teen parent of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged. (WIC 11331.5(c))
- Provides that each person between the ages of 6 and 18 years who is not an exempt person is subject to compulsory full-time education. Requires each person subject to compulsory full-time education and each person subject to compulsory continuation education and not exempted to attend public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located, as provided. (EDC 48200)
- Requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of these systems and the University of California to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Further, requires them to provide specific reasonable accommodations, as provided. (EDC 66271.9 et seq.)
FISCAL EFFECT: According to the Senate Appropriations Committee on May 5, 2023:
- The California Department of Social Services (CDSS) estimates one-time automation costs to be $293,250 (General Fund) to administer the provisions. CDSS does not anticipate a significant fiscal impact from eliminating sanctions in the Cal-Learn Program.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
COMMENTS:
Background: 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. CalWORKs provides eligible low-income families with cash grants and supportive services aimed at helping them to secure education, training, and employment. Among others, the supportive services include mental health counseling, substance use disorder treatment, or domestic violence services; job skills training; attendance in a secondary school or in a course leading to certificate of general educational development.
Unless deemed exempt or otherwise not required to participate per CalWORKs rules, parents are required to develop and participate in a WTW plan. CalWORKs-approved WTW activities can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance use disorders, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
CalWORKs grant amounts generally are adjusted for family size, income level, and region. Grant amounts are set and adjusted based on assistance unit (AU) size –larger AUs are eligible to receive a larger grant amount– to account for the increased financial needs of these families. In 2022-23, the maximum monthly grant for a family of three on CalWORKs (one parent and two children), if the family has no other income and lives in a high cost-of-living county, is $925. The same family living in a lower cost-of-living county would be eligible for up to $878 per month. However, the average monthly cash grant for the family is estimated to be $717. Many families earn some income, or live in a lower cost-of-living county, and do not qualify for the maximum grant amount. About 398,400 families are projected to receive CalWORKs benefits in Fiscal Year 2022-23.
Cal-Learn is a required statewide program for pregnant and parenting teenagers (under 19 years old) that receive CalWORKs assistance. According to CDSS, “It is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and form healthy families. Three coordinated services help teens become self-sufficient adults and responsible parents:
- Intensive case management assists teen parents to obtain education, health and social services.
- Supportive services such as child care, transportation, educational expenses, to enable pregnant/parenting teens to attend school.
- Bonuses and sanctions to encourage school attendance and good grades. Four $100 bonuses per year may be earned based on report card results, and a one-time $500 bonus for graduating or attaining an equivalent high school diploma. Sanctions are applied if satisfactory grades are not maintained, and/or timely report cards are not submitted.”
A teen parent is required to participate in the Cal-Learn Program until the end of the month in which the teen parent turns age 19 (or 20 if the teen parent is a volunteer), or until either a high school diploma or its equivalent is earned. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. The teen parent is also required to submit a current, quarterly report cards or progress reports to their Cal-Learn case manager within 10 working days from the date it is issued.
If a teen parent fails to make adequate progress or submit a report card as required, within 10 working days from that date, the case manager sends a written notification to the teen parent, make reasonable efforts to reach the teen parent, and secure a face-to-face meeting.
This bill expands the list of required conditions exempt from participating in Cal-Learn to include a situation or crisis that is destabilizing their family. These situations or crises include, but are not limited to:
- Homelessness or imminent risk of homelessness.
- A lack of safety due to domestic violence.
- Untreated or undertreated behavioral needs, including mental health or substance use disorder related needs.
CalWORKs Welfare-to-Work Requirement. Unless deemed exempt, an adult in a one-parent assistance unit is required to participate in WTW activities for an average of 30 hours per week or, in the case of someone who is pregnant or parenting a child under age six, an average of 20 hours per week, monthly. In a two-parent assistance unit, one or both adults must participate in WTW activities for a combined average of 35 hours 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. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient’s portion of the family’s grant may be subtracted from the amount provided to the family.
Prior to 2011, CalWORKs recipients could receive cash aid for up to 60 months, which aligned with federal rules. During recessionary state budget cuts, the maximum time on aid was reduced to 48-months and a 24-month time clock for WTW was created through SB 1041 (Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012. However, AB 79 (Committee on Budget), Chapter 11, Statutes of 2020, restored the 60-month lifetime limit on receipt of benefits for qualified individuals and removed the 24-month limit on WTW activities. The changes made by AB 79 took effect on May 1, 2022.
This bill prohibits any month a teen participates in Cal-Learn from counting as a month of aid toward their cumulative, 60-month time limit for receipt of aid under federal and state law.
Welfare-to-work exemptions. CalWORKs participants may be granted exemptions that excuse them from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, or for the care of an infant or a young child. If exempt, a person can still voluntarily participate in the program to be able to access supportive services offered through the WTW program. CalWORKs recipients exempt from WTW activities may choose at any time to voluntarily participate in WTW activities or choose to end this participation, without loss of eligibility for CalWORKs aid, as long as the recipient's exemption status does not change in a way that would require their participation. Currently, individuals receiving CalWORKs can receive an exemption from participation in WTW activities if they are a parent or other relative who has primary, personal responsibility for caring for an infant in the first 12 weeks, six months, or 12 months after birth.
This bill adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of reasons that may be considered good cause for not participating in CalWORKs WTW activities. An example of an accommodation would include excused absences to attend child medical appointments.
Sanctions. Absent of WTW exemptions, recipients must participate in a WTW plan as described above. The state compels CalWORKs recipients by issuing sanctions as a “stick.” If a family has failed or refused, as defined by current law, to participate, without “good cause,” in the WTW plan arranged with their county, which is a condition of aid, then families face sanctions or penalties pausing their aid. In order to cease the sanction, a recipient must sign and agree to a plan and then execute the planned work-related activities which can be the same activities previously agreed upon, or new, appropriate ones for 30 days or the length of the activity, whichever is less.
For teen parents, the Cal-Learn program is their work requirement so if the parent participant fails or refuses to comply with program requirements without good cause, and the compliance process has failed, or the individual has not fulfilled the terms of their Cal-Learn case plan as agreed. For teen parents, the first sanction is $100 and can be imposed up to four times in a 12-month period for each teen parent who fails to make adequate progress in his or her school program as described above. In FY 2020-21, 20 Cal-Learn participants were sanctioned. This bill eliminates the counties’ ability to sanction teen parents for non-participation in Cal-Learn.
Author’s Statement: According to the author, “Student parents pursue education to not only join the workforce but to financial security and a better future for their families. The cost of living is increasing in California and it’s our job as legislators to make sure everyone has a chance to continue their education as well as take care of their family without stressing about their financial needs. Unfortunately, pregnant, lactating, and parenting students cannot always balance their financial needs of their families with the demands of their coursework, and despite protections provided by Title IX, thee student parents often face consequences from professors who don’t provide appropriate accommodations. While most students can appeal these decisions, students in CalWORKs and Cal-Learn risk losing critical benefits if they fail to meet coursework completion requirements. [This bill] provides a “good cause” exemption from CalWORKs sanctions for these lapses in academic performance resulting from, a lack of Title IX accommodations such as attending medical appointments or pumping breast milk. In addition, SB 521 removes sanction from Cal-Learn and adds conditions that exempt Cal-Learn recipients from participating in the program if they are facing a destabilizing event, such as homelessness, domestic violence or behavioral health issues. More importantly, when adequate progress is not met, Cal-Learn recipients won’t see a reduction in their CalWORKs benefits.”
Need for this bill: This bill helps already struggling teen parents focus on their family without fear of sanctions by expanding the list of required conditions that a county must exempt a teen parent from participating in Cal-Learn to include a situation or crisis that is destabilizing their family. Further, this bill aligns federal and state law by prohibiting a county from sanctioning a parent from being unable to participate in WTW if they were denied reasonable accommodations.
Equity Implications: According to “Harmful Obstacles: CalWORKs Work Participation Rate (WPR) Penalty” by the Budget Center, CalWORKs parents face a labor market in which gender- and race-based discrimination is ongoing, as well as workplace expectations and practices that make it difficult for parents to balance work with caregiving responsibilities. These dynamics significantly affect CalWORKs parents, who are predominantly women, people of color, and parents of young children.
The Public Policy Institute of California published Supporting Student Parents in Community College CalWORKs Programs 2020 Report and found that like others enrolled at community colleges, CalWORKs students may face many barriers by virtue of their low-income levels and parental responsibilities. CalWORKs students who are single parents need to balance their school work with the responsibilities of caring for their children and their jobs. The report noted that many CalWORKs recipients “have multiple barriers to employment that can make college success more difficult.” This bill removes infantilizing sanctions and allows parents to make choices best for their future.
RELATED AND PRIOR LEGISLATION:
AB 310 (Arambula) of the current legislative session, would make various changes to the current CalWORKs Act and WTW requirements including removing provisions related to work requirements for pregnant women. AB 310 was set to be heard by the Senate Committee on Human Services, but the hearing was cancelled at the request of the author.
AB 372 (Nguyen) of the current legislative session, would exclude specified income from apprenticeship or pre-apprenticeship programs for the purposes of determining CalWORKs eligibility. AB 372 is on the Senate Committee on Appropriations suspense file.
SB 65 (Skinner), Chapter 449, Statutes of 2021, established the “California Momnibus Act”, which, among other things, eliminated the mandatory requirement to work or participate in WTW for pregnant persons, and made participation voluntary for all pregnant people, regardless of whether the individual met prior exemption requirements.
AB 1004 (Calderon), Chapter 99, Statutes of 2021, deleted requirements that, in order to be exempt from being considered income under the CalWORKs program, income or stipends related to the decennial census must be earned on the year of or year prior to a census, so that all such income or stipends may be exempted, regardless of when it is earned, and made those changes effective immediately.
AB 79 (Committee on Budget), Chapter 11, Statutes of 2020, among other things, authorized a 60-month CalWORKs lifetime time limit and eliminated the 24-month time clock for certain WTW activities, effective May 1, 2022, or when CDSS notifies the Legislature that all necessary automation changes are complete.
AB 807 (Bauer-Kahan), Chapter 440, Statutes of 2019, exempted certain income, including certain scholarships and income for work on the decennial census, from being counted as income for purposes of determining CalWORKs eligibility and benefit amounts.
SB 1041 (Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, among other things, exempted from WTW activities on a one-time basis, a parent or other relative that has primary responsibility for personally providing care to one child from birth to 23 months.
AB 4 X4 (Evans), Chapter 4, Statutes of 2009, among other things, exempted parents or primary caretakers of a child age 12 months through 23 months, or two or more children under the age of six from participating in WTW activities.
AB 1542 (Ducheny), Chapter 270, Statutes of 1997, implemented the CalWORKs program, California’s version of the federal TANF program.
REGISTERED SUPPORT / OPPOSITION:
Support
Women's Foundation of California, Dr. Beatriz Maria Solis Policy Institute (SPI) (Sponsor)
AFSCME
American Association of University Women (AAUW) San Jose
American Association of University Women - California
BreastfeedLA
Building Skills Partnership
California Federation of Teachers AFL-CIO
Center for WorkLife Law
Children Now
Coalition of California Welfare Rights Organizations
Drug Policy Alliance
Ella Baker Center for Human Rights
Equal Rights Advocates
Michelson Center for Public Policy
National Association of Social Workers, California Chapter
The Children's Partnership
University of California Student Association
Western Center on Law & Poverty
Opposition
None on file
Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 521 |
THIRD READING
Bill No: SB 521
Author: Smallwood-Cuevas (D), et al.
Amended: 3/20/23
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 4-0, 4/17/23
AYES: Alvarado-Gil, Ochoa Bogh, Menjivar, Wahab
NO VOTE RECORDED: Hurtado
SENATE JUDICIARY COMMITTEE: 10-0, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Wiener
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SUBJECT: CalWORKs: pregnancy or parenting
SOURCE: The Dr. Beatriz Maria Solis Policy Institute - Women's Foundation of California
DIGEST:
This bill (1) adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) activities; (2) prohibits a county from applying a sanction for failure or refusal to comply with program requirements if the recipient’s rights under Title IX were violated, as provided; (3) excludes all months a teen participates in the Cal-Learn Program from being counted toward their time on aid limit, as specified; (4) removes sanctions and case management duties for teens not participating in the Cal-Learn Program; and (5) expands the list of reasons a county may exempt a teen from Cal-Learn Program participation to include instances where the teen is in a situation or a crisis that is destabilizing their family, as specified.
ANALYSIS:
Existing law:
- Establishes, under federal law, the Temporary Assistance for Needy Families (TANF) Program to provide cash aid and WTW services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code (USC) 601 et seq., WIC 11200 et seq.)
- Prohibits any person in the United States from being excluded from participation in, being denied the benefits of, or being subjected to discrimination under any education program or activity receiving federal financial assistance on the basis of sex, with certain exceptions, as specified. (20 USC 1681)
- Establishes a number of exemptions to CalWORKs WTW requirements, including, among others, if an individual is of advanced age, determined by a doctor to have a disability that significantly impairs the individual’s ability to work regularly or participate in WTW activities, or is pregnant. (WIC 11320.3(b))
- Prohibits sanctions from being applied for failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment for specified reasons, including for violation of the CalWORKs recipients rights, and others, as provided. (WIC 11320.31)
- Requires, when a Cal-Learn Program participant who is subject to a sanction for a case manager to do all of the following: (a) Fully inform teenage parents of the consequences of continuing to fail to comply with the program, (b) make reasonable efforts to secure a face-to-face meeting with the teenage parent before initiating a sanction, and (c) make reasonable efforts to reach the teenage parents who they believe are in danger of continuing to fail to make satisfactory or adequate progress or not attending school. (WIC 11333.7(e)(1-3))
- Requires a county to verify and to exempt a teenage parent from the Cal-Learn Program when any of the following conditions occur:
- The teenage parent is expelled from school and obtains verification that no other school in the district will permit him or her to attend, and the case manager cannot arrange for enrollment in an alternative school.
- The teenage parent cannot receive payment for child care or transportation expenses due to lack of program funding.
- Child care is necessary and unavailable.
- Public or private transportation is necessary and unavailable.
- A foster care payment is made under this chapter on behalf of the teenage parent.
- The teen parent has an illness, injury, or incapacity, as determined by a doctor’s verification, that substantially deprives the teen parent of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged. (WIC 11331.5(c)
- Provides that each person between the ages of six and 18 years who is not exempt person is subject to compulsory full-time education. Requires each person subject to compulsory full-time education and each person subject to compulsory continuation education and not exempted to attend public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located, as provided. (EDC 48200)
This bill:
- Makes legislative findings and declarations that a living wage is the best tool to address poverty, and how access to higher education is crucial to reducing poverty, and increased education is linked to improved employment opportunities.
- Declares that parenting students face barriers to education due to competing demands, and that requiring student to choose between work or caregiving is unjustifiable, and can be improved if the caregivers are provided with financial support to stay in school while being able to provide for the child or children.
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities, as long as the condition continues to exist.
- Prohibits a county welfare department from sanctioning a CalWORKs recipient when the recipient fails to receive adequate, required pregnancy- or parenting-related accommodation covered under Title IX of the Federal Education Amendments of 1972, as provided.
- Expands the list of required conditions a county must exempt a teen/teenage parent from participating in the Cal-Learn Program to include a situation or crisis that is destabilizing their family, including, but not limited to:
- Homelessness or imminent risk of homelessness.
- A lack of safety due to domestic violence.
- Untreated or undertreated behavioral needs, including mental health or substance abuse related needs.
- Removes all references to “teen parent” and instead refers to a Cal-Learn Program participant as a “teen”.
- Removes all Cal-Learn Program sanction provisions for a recipient’s failure to either participate in the program or make adequate progress in their education requirements.
- Removes all provisions related to case manager duties for a recipient’s noncompliance in the Cal-Learn Program.
- Provides that if the Commission on State Mandates determines this act contains costs mandated by the state, that reimbursement to local agencies and school districts for those cost be made.
Background
Cal-Learn Program. Cal-Learn is for pregnant and parenting teens, who receive CalWORKs benefits. Provided statewide, Cal-Learn is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and maintain healthy families. Pregnant and parenting teens who are receiving CalWORKs are required to participate in Cal-Learn if they: are under the age of 19; live in the same household as their child; have not graduated from high school or its equivalent; and are not in foster care. In FY 2020-21, there were 1,597 Cal-Learn participants.
The program consists of three coordinated services to assist parenting teens to become self-sufficient adults and responsible parents. Services include: intensive case management to assist teen parents to obtain education, health and social services; supportive services such as child care, transportation, and educational expenses to enable pregnant/parenting teens to attend school; and, bonuses and sanctions to encourage school attendance and good grades. Four $100 bonuses per year may be earned based on report card results, and a one-time $500 bonus for graduating or attaining an equivalent high school diploma. Sanctions are applied if satisfactory grades are not maintained, and/or timely report cards are not submitted.
This bill expands the list of required conditions that a county must exempt a teen parent from participating in Cal-Learn to include a situation or crisis that is destabilizing their family.
CalWORKs Welfare-to-Work (WTW) Requirements. Unless deemed exempt, an adult in a one-parent assistance unit (AU) is required to participate in WTW activities for an average of 30 hours per week or, in the case of someone who is pregnant or parenting a child under age six, an average of 20 hours per week, monthly. In a two-parent AU, one or both adults must participate in WTW activities for a combined average of 35 hours 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 abuse treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient’s portion of the family’s grant may be subtracted from the amount provided to the family. Beginning May 1, 2022, Under AB 79 (Committee on Budget, Chapter 11, Statutes of 2020), CalWORKs recipients could again be eligible to receive cash aid for up to 60 months, which aligns California law with the federal time limit rules.[1]
This bill prohibits any month a teen participates in Cal-Learn from counting as a month of aid towards their cumulative, 60-month time limit for receipt of aid under federal and state law. For example, if a teen parent over age 18 years old participates in Cal-Learn for six months, those six months would not count towards their cumulative, 60-month lifetime limit.
Sanctions. Federal TANF statutes direct states to sanction nonexempt recipients who fail to participate in required work activities. However, federal law prohibits states from sanctioning a single parent with a child under age six for failing to meet work requirements, if child care is not available. Aside from this restriction, the federal TANF statutes provide states flexibility to determine their WTW sanction processes, including defining noncompliance, determining good cause, establishing the severity of sanctions, and developing procedures to apply and appeal sanctions. Under both the CalWORKs and the Cal-Learn Programs, a financial sanction is applied when a mandatory (non-exempt) WTW participant or teen parent participant fails or refuses to comply with program requirements without good cause, and the compliance process has failed, or the individual has not fulfilled the terms of their CalWORKs WTW compliance plan or Cal-Learn case plan as agreed.
Under CDSS Manual of Policies and Procedures (MMP) 42-762, a teen parent is required to participate in the Cal Learn program until the end of the month in which the teen parent turns age 19 (or 20 if the teen parent is a volunteer), or until either a high school diploma or its equivalent is earned. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. The teen parent is also required to submit a current, quarterly report cards or progress reports to their Cal-Learn case manager within 10 working days from the date it is issued.
MMP 42-762 also outlines the duties of the Cal-Learn case manager. If a teen parent fails to make adequate progress or fails to submit a report card as required, within 10 working days from that date, the case manager must send a written notification to the teen parent, make reasonable efforts to reach the teen parent, and secure a face-to-face meeting with the teen parent. These efforts to contact the teen may include a telephone call to the teen parent, face-to-face contact with the teen parent, or a written notice with an appointment date if the case manager cannot contact the teen parent by telephone or by in-person contact. After all efforts are made by the case manager and the teen parent does not engage or continues to fail to make adequate progress or fails to submit their report card, they their grant will receive a $100 sanction. Sanction can be imposed up to four times in a 12-month period for each teen parent who fails to make adequate progress in his or her school program without demonstrating good cause. In FY 2020-21, 20 Cal-Learn participants were sanctioned.
This bill instead removes a county’s ability to institute a sanction if a teen fails to maintain their grades while in high school or its equivalent or for failure to timely submit their report card. This bill also removes all case management duties related to the sanction process.
WTW Exemptions for Pregnant Individuals and Those Parenting Young Children. County human services agencies determine if there is a condition or other circumstance that temporarily prevents or significantly impairs a CalWORKs recipient from working or participating in WTW activities. CalWORKs participants may be granted exemptions that excuse them from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, receipt of paid family leave, or for the care of an infant or a young child. If exempt, a person can still voluntarily participate in the program to be able to access supportive services offered through the WTW program.
This bill adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of reasons that may be considered good cause for not participating in CalWORKs WTW activities.
Reasonable Accommodations at Colleges. AB 2785 (Rubio, Chapter 947, Statutes of 2018) required CSUs and CCCs, and urged UCs and the other campuses satellite sites, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, whenever a student is required to be present on campus. CSUs and CCCs also must not academically penalize students for their use of the reasonable accommodations. Students are also allowed an opportunity to make up any work missed due to these needs. For a student who believes their rights have been violated, either under this law or Title IX, the student may file a complaint of noncompliance with the CSU Office of the Chancellor or the CCC Board of Governors, or take other legal action.
This bill prohibits a county from sanctioning a CalWORKs recipient if the recipient who requires pregnancy- or parenting-related accommodations covered under federal Title IX did not receive adequate accommodations, as provided.
Related/Prior Legislation
AB 2300 (Kalra, Chapter 588, Statutes of 2022), among other things, exempted a recipient receiving Paid Family Leave from CalWORKs aid time limits and prohibited sanctions from being applied for failure or refusal to comply with CalWORKs work requirements if the anticipated work hours are unpredictable or certain labor law protections are violated, and permitted a person to requalify for CalWORKs benefits by attending school on a full-time basis, as provided.
AB 1728 (R. Rivas, 2022), among other things, would have expanded the CalWORKs WTW exemptions to recipients who are pregnant, and for parents and other relatives who have primary responsibility for providing care to children from up to six months to up two years of age and under, as specified. The bill was held in the Senate Appropriations Committee.
SB 65 (Skinner Chapter 449, Statutes of 2021) established the California Momnibus Act, which, amongst other things, eliminates the mandatory requirement to work or participate in WTW for pregnant persons, and makes participation voluntary for all pregnant people, regardless of whether the individual meets prior exemption requirements.
AB 1542 (Ducheny, Chapter 270, Statutes of 1997) implemented the CalWORKs program, California’s version of the federal TANF program.
SB 35 (Committee on Budget and Fiscal Review, Chapter 69, Statutes of 1993) and SB 1078 (Watson, Chapter 1252, Statutes of 1993), among other things, established the Cal Learn Program that requires pregnant and parenting teens to attend school to obtain their high school diploma or GED, as provided.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, CDSS estimates:
- One-time automation costs to be $293,250 (General Fund) to administer the provisions. The CDSS does not anticipate a significant fiscal impact from eliminating sanctions in the Cal-Learn Program.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
SUPPORT: (Verified 5/19/23)
The Dr. Beatriz Maria Solis Policy Institute - Women's Foundation of California (source)
AFSCME
BreastfeedLA
Building Skills Partnership
California Catholic Conference
California Federation of Teachers, AFL-CIO
Center for Worklife Law
Children Now
Coalition of California Welfare Rights Organizations
Drug Policy Alliance
Grace Institute - End Child Poverty in California
Michelson Center for Public Policy
National Association of Social Workers, California Chapter
Parent Voices California
The Children's Partnership
University of California Student Association
OPPOSITION: (Verified 5/19/23)
None received
Prepared by: Bridgett Hankerson / HUMAN S. / (916) 651-1524
5/20/23 13:00:19
**** END ****
During recessionary state budget cuts, the maximum time on aid was reduced to 48-months and a 24-month time clock for
WTW was created through SB 1041 (Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2012). ↑
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 521 (Smallwood-Cuevas) - CalWORKs: pregnancy or parenting
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 521 would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) activities and would prohibit a county from applying a sanction for failure or refusal to comply with program requirements if the recipient’s rights under Title IX were violated, as provided. SB 521 would make various changes to the Cal-Learn Program.
Fiscal Impact:
- The California Department of Social Services (CDSS) estimates one-time automation costs to be $293,250 (General Fund) to administer the provisions. The CDSS does not anticipate a significant fiscal impact from eliminating sanctions in the Cal-Learn Program.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
Background:
CalWORKs provides temporary cash assistance to eligible low-income families. CalWORKs imposes a 60-month lifetime limit on the receipt of aid, as specified. Under certain circumstances, a month of aid will not count towards the CalWORKs time limit. Unless deemed exempt, CalWORKs adults are required to participate in Welfare-to-Work (WTW) activities. WTW activities include participation in subsidized and unsubsidized employment, community service, adult basic education, community college, job skills, training, mental health counseling, substance abuse treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient’s portion of the family’s grant may be subtracted from the amount provided to the family.
Existing law requires that a recipient be excused from WTW participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient’s ability to be regularly employed or to participate in WTW activities. Under current law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individual’s hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.
Federal law, Title IX of the Federal Education Amendments of 1972, states that no person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.
The Cal-Learn Program (Cal-Learn) is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and maintain healthy families. Pregnant and parenting teens who are receiving CalWORKs are required to participate in Cal-Learn if they: are under the age of 19; live in the same household as their child; have not graduated from high school or its equivalent; and are not in foster care. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to, if the teenage parent is expelled from school; childcare is necessary and unavailable; or the teenage parent has a verified illness, injury, or incapacity, as specified.
Cal-Learn consists of three coordinated services to assist parenting teens to become self-sufficient adults and responsible parents. Services include:
- Intensive case management to assist teen parents to obtain education, health and social services.
- Supportive services such as child care, transportation, and educational expenses to enable pregnant/parenting teens to attend school.
- Bonuses and sanctions to encourage school attendance and good grades.
Proposed Law:
Specific provisions of the bill would:
- Add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities, as long as the condition continues to exist.
- Prohibit a county welfare department from sanctioning a CalWORKs recipient when the recipient fails to receive adequate, required pregnancy- or parenting-related accommodation covered under Title IX, as provided.
- Expand the list of required conditions a county must exempt a teen from participating in the Cal-Learn Program to include a situation or crisis that is destabilizing their family, including, but not limited to:
- Homelessness or imminent risk of homelessness.
- A lack of safety due to domestic violence.
- Untreated or undertreated behavioral needs, including mental health or substance abuse related needs.
- Remove Cal-Learn Program sanction provisions for a recipient’s failure to make adequate progress in their education requirements.
- Exclude months in which a recipient participates in the initial education components of the Cal-Learn Program and months the individual continues to receives intensive case management services, as specified, from being counted toward their cumulative total months of CalWORKs aid.
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 521 (Author:Smallwood-Cuevas)
Version: March 20, 2023
Hearing Date: April 25, 2023
Fiscal: Yes
Urgency: No
Consultant: ME
SUBJECT
CalWORKs: pregnancy or parenting
DIGEST
This bill adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in specified welfare-to-work activities. The bill also clarifies that sanctions shall not be applied for a recipient’s failure or refusal to comply with welfare to work program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, for the following reason: the recipient requires pregnancy or parenting related accommodations covered under Title IX, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
EXECUTIVE SUMMARY
The CalWORKs program provides financial benefits to eligible families in need with children in the home. Recipients are required to engage in “work activities” in order to continue receiving this benefit. California’s community colleges provide education and vocational training that can fulfill these work activity requirements, and every community college offers targeted programs for students receiving CalWORKs benefits. These programs provide additional services and supports to address the specific challenges students may face both inside and outside the classroom as low income, predominantly single, parents.
Many of these student recipients of CalWORKs also enjoy protections under Title IX, which prohibits colleges from discriminating against students based on their sex or receipt of federal assistance. The author and sponsor report that despite the legal protections provided by Title IX, professors do not always provide accommodations for breast milk pumping breaks, medical appointments, or other parent obligations. This can lead to sanctions and loss of CalWORKs benefits as students get behind in classes. To better ensure that students are supported in asserting their rights under Title IX, this bill provides a good cause exemption from CalWORKs welfare to work requirements for student recipients when the requirements cannot be met due to pregnancy or parenting needs covered by Title IX.
The bill is sponsored by the Women’s Foundation California Solis Policy Institute. The bill passed the Senate Human Services Committee with a 4 to 0 vote. There is no known opposition.
PROPOSED CHANGES TO THE LAW
Existing law:
- States that no person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. (Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964; 20 U.S.C. § 1681 et seq.)
- Mandates that recipients of federal financial assistance comply with the procedural requirements outlined in the Title IX implementing regulations. To do so, a recipient must: (1) disseminate a specified notice of nondiscrimination; (2) designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX; and (3) adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee sex discrimination complaints. (34 C.F.R. §§ 106.9, 106.8(a), 106.8(b).)
- Requires every individual, as a condition of eligibility for specified CalWORKs benefits, to participate in specified welfare-to-work activities. However, recipients of benefits shall be excused from participation for good cause, as specified. Good cause includes, but is not limited to the following: lack of necessary supportive services; the applicant or recipient is a victim of domestic violence, as specified; and licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available, as specified. (Welf. & Inst. Code sec 11320.3.)
- Provides that sanctions shall not be applied for a failure or refusal to comply with welfare to work program requirements for reasons as related to employment, an offer of employment, an activity, or other training for employment, for a number of reasons, including: if the recipient states that their rights to lactation accommodations were violated; if the recipient states that the recipient’s rights under any federal, state, or local labor or employment law were violated, including the Garment Worker Protection Act, Wage Theft Prevention Act, Gender Nondiscrimination Act, and others. (Welf. & Inst. Code sec 11320.31.)
This bill:
- Makes certain findings and declarations.
- Provides that good cause that excuses recipients of benefits from participation in specified welfare to work activities also includes the denial of reasonable accommodations for pregnant or parenting students in violation of Title IX.
- Clarifies that sanctions shall not be applied for a recipient’s failure or refusal to comply with welfare to work program requirements for reasons as related to employment, an offer of employment, an activity, or other training for employment, for the following reason: the recipient requires pregnancy or parenting related accommodations covered under Title IX, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
COMMENTS
- Stated need for the bill
According to the author:
Student parents pursue higher education to not only join the workforce but to provide for their families. The cost of living is increasing in California and it’s our job as legislators to make sure everyone has a chance to continue education as well as take care of their family without stressing about their financial needs. Unfortunately, pregnant and parenting students cannot always balance the needs of their families with the demands of their coursework, and, despite protections provided by Title IX, these student parents often face consequences from professors who don’t provide appropriate accommodations. While most students can appeal these decisions, students in CalWORKS risk losing critical benefits if they fail to meet coursework completion requirements. SB 521 provides a “good cause” exemption for these lapses in academic performance resulting [from] Title IX protected activities such as attending medical appointments or pumping breast milk.
2. Better support for pregnant, parenting, and lactating students
Title IX prohibits discrimination and harassment on the basis of sex in education programs and activities that receive federal financial assistance. The purposes of Title IX are two-fold: to avoid the use of Federal resources to support discriminatory practices and second, to provide individuals effective protection against those practices. (Cannon v. University of Chicago, 441 U.S. 677, 1979). The U.S. Department of Education (DOE) issues rules regarding the dual purposes of Title IX.
The Women’s Foundation California Solis Policy Institute, sponsors of the bill, explain:
CalWORKs recipients are required to work or attend school in order to receive the financial benefits they need to care for their families. However, students are subject to their professors’ rules, which sometimes violate Title IX. Under Title IX, colleges cannot discriminate against student parents and are required to provide accommodations to parenting and pregnant students, such as allowing students to make up work due to missing class to attend appointments or breaks to pump breast milk. Despite these legal protections, we’re hearing from students that professors are not always providing these accommodations. As a result, pregnant and parenting CalWORKs students are facing additional barriers, such as falling behind in their classes, which can lead to sanctions and loss of their CalWORKs benefits. These students face many obstacles getting to college in the first place and they rely on the support from CalWORKs to continue their education. Any delays in financial and academic support keep them further from achieving their educational and financial goals and impact the wellbeing of their children and families.
Supporters assert that SB 521 will protect pregnant, parenting and lactating students from losing CalWORKs benefits, so they can continue on their path to obtaining a college degree. Supporters explain that the bill accomplishes this goal by adding a good cause exemption from participation in CalWORKs welfare to work activities for students who report a lack of Title IX accommodations at their academic institutions.
The California Catholic Conference, a supporter of SB 521, asserts the following in support of the bill:
Unfortunately, student parents can be sanctioned if they miss their welfare-to work position, even if they were denied a reasonable accommodation as a pregnant or parenting student under Title IX. For example, when their child needs a medical appointment, needs to be picked up from school, or their childcare falls through for the day, student parents should not be penalized for responding to those needs.
[ . . . ] Providing necessary accommodations for student parents on CalWORKs will help these excellent students achieve academic equity, maintain their benefits, and fulfill their parental responsibilities.
SUPPORT
Women’s Foundation California Solis Policy Institute (sponsor)
American Association of University Women SanJose
American Federation of State, County, and Municipal Employees (AFSCME), AFL-CIO
BreastfeedLA
Building Skills Partnership
California Catholic Conference
California Federation of Teachers AFL-CIO
Center for Worklife Law
Children NOW
Coaliton of California Welfare Rights Organizations
Drug Policy Alliance
Equal Rights Advocates
GRACE/End Child Poverty California
Michelson Center for Public Policy
National Association of Social Workers – California Chapter
Parent Voices California
The Children’s Partnership
University of California Student Association
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation:
AB 2326 (Rubio, 2017) would have recast and expand CalWORKs welfare-to-work exemptions that apply to parents or caregivers who have a child 24 months of age or younger and pregnant women who are the sole member of their assistance unit and would have adopted notification and assistance requirements related to exempt individuals’ ability to volunteer for welfare to work activities. AB 2326 was held under submission in the Senate Appropriations Committee.
SB 252 (Liu, Ch. 563, Stats. 2013) among other things: specified that a pregnant woman who is unable to obtain medical verification but is otherwise eligible for the good cause exemption is exempt from participation in welfare-to-work activities; authorized a pregnant woman to satisfy welfare-to-work participation requirements by participating in a voluntary maternal, infant, and early childhood home visiting program, as specified; stated that, pursuant to existing law, an applicant or recipient of CalWORKs benefits is entitled to breastfeed her child in any public area, or area where the mother and the child are authorized to be present, in a county welfare department or other county office.
PRIOR VOTES:
Senate Human Service Committee (Ayes 4, Noes 0)
**************
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | SB 521 | ||
Author: | Smallwood-Cuevas | ||
Version: | March 20, 2023 | Hearing Date: | April 17, 2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Bridgett Hankerson | ||
Subject: CalWORKs: pregnancy or parenting
SUMMARY
This bill: (1) adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in the California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) activities, (2) prohibits a county from applying a sanction for failure or refusal to comply with program requirements if the recipient’s rights under Title IX were violated, as provided, (3) excludes all months a teen participates in the Cal-Learn Program from being counted toward their time on aid limit, as specified, (4) removes sanctions and case management duties for teens not participating in the Cal-Learn Program, and (5) expands the list of reasons a county may exempt a teen from Cal-Learn Program participation to include instances where the teen is in a situation or a crisis that is destabilizing their family, as specified.
ABSTRACT
Existing Law:
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) Program to provide cash aid and WTW services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code (USC) 601 et seq., WIC 11200 et seq.)
- Prohibits any person in the United States from being excluded from participation in, being denied the benefits of, or being subjected to discrimination under any education program or activity receiving federal financial assistance on the basis of sex, with certain exceptions, as specified. (20 USC 1681)
- Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in WTW activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
- Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
- Establishes a number of exemptions to CalWORKs WTW requirements, including, among others, if an individual is of advanced age, determined by a doctor to have a disability that significantly impairs the individual’s ability to work regularly or participate in WTW activities, or is pregnant. (WIC 11320.3(b))
- Provides an exemption from CalWORKs WTW requirements for a parent or other relative who has primary responsibility for taking care of a child six months of age or under. Specifies that this period may be reduced to the first 12 weeks after the birth or adoption of the child or increased to the first 12 months after the birth or adoption of the child, as provided. Stipulates that an individual may only use this exemption once. Further requires, in a family eligible for CalWORKs benefits due to unemployment of the principal wage earner, the exemption to be applied to only one parent. (WIC 11320.3(b)(6))
- Provides that any individual not required to participate in WTW activities may choose to participate voluntarily, and may end that participation at any time without loss of eligibility for CalWORKs aid, if their status has not changed in a way that would require participation, as specified. (WIC 11320.3(c))
- Prohibits sanctions from being applied for failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment for specified reasons, including for violation of the CalWORKs recipients rights, and others, as provided. (WIC 11320.31)
- Provides that a recipient is exempt from participating in WTW activities because the recipient has primary responsibility for personally providing care to a child 24 months of age or younger, as specified. (WIC 11454.5(a)(7))
- Establishes the Cal-Learn Program, and requires CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until they earn a high school diploma or its equivalent. (WIC 11331.5 et seq.)
- Requires the county to verify and exempt a teenage parent from the program, when any of the following conditions occur:
- They are expelled from school and they obtain verifications that no other school in the district will permit them to attend, and the case manager cannot arrange for enrollment in an alternative school.
- They cannot receive payment for childcare or transportation expenses due to lack of program funding.
- Childcare is necessary and unavailable.
- Public or private transportation is necessary and unavailable.
- A foster care payment is made on the behalf of the teenage parent.
- They have an illness, injury or incapacity that substantially deprives the teen parent of the ability to meet program requirements or to be successful in earning a high school diploma or equivalent, and an alternative education program cannot be arranged. (WIC 11331.5(2)(c)(1-6))
- Allows for a Cal-Learn Program participant who maintains satisfactory progress in school to receive a $100 supplement to the amount of cash aid paid to the participant, as specified, as well as a $500 supplement for a participant who successfully completes high school or a California high school equivalency examination. Requires a participant who fails to demonstrate that they have made adequate progress in school, as prescribed, to be sanctioned from the amount of cash aid that the participant would otherwise be paid. (WIC 11333.7(a)-(b))
- Requires, when a Cal-Learn Program participant who is subject to a sanction for a case manager to do all of the following: (1) Fully inform teenage parents of the consequences of continuing to fail to comply with the program, (2) make reasonable efforts to secure a face-to-face meeting with the teenage parent before initiating a sanction, and (3) make reasonable efforts to reach the teenage parents who they believe are in danger of continuing to fail to make satisfactory or adequate progress or not attending school. (WIC 11333.7(e)(1-3))
- Requires the Cal-Learn Program case manager of a participant who fails or refuses to comply with the program requirements without good cause to inform them of the consequences of nonparticipation and to provide the participant with specified contact information for the local welfare rights organization or legal aid society should they need further assistance. (WIC 11333.7(g))
- Prohibits a parent or caretaker relative from being eligible for aid when they have received aid from California or any state under the TANF program of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), for a cumulative total of 60 months, except as provided. Further requires all months of aid received under this chapter to be applied to the 60-month time limit as described. (WIC 11454 et seq.)
- Requires a county to verify and to exempt a teenage parent from the Cal-Learn Program when any of the following conditions occur:
- The teenage parent is expelled from school and obtains verification that no other school in the district will permit him or her to attend, and the case manager cannot arrange for enrollment in an alternative school.
- The teenage parent cannot receive payment for child care or transportation expenses due to lack of program funding.
- Child care is necessary and unavailable.
- Public or private transportation is necessary and unavailable.
- A foster care payment is made under this chapter on behalf of the teenage parent.
- The teen parent has an illness, injury, or incapacity, as determined by a doctor’s verification, that substantially deprives the teen parent of the ability to meet program requirements or to be successful in earning a high school diploma or its equivalent, and an alternative education program cannot be arranged. (WIC 11331.5(c)
- Provides that each person between the ages of 6 and 18 years who is not exempt person is subject to compulsory full-time education. Requires each person subject to compulsory full-time education and each person subject to compulsory continuation education and not exempted to attend public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located, as provided. (EDC 48200)
- Requires the California Community Colleges (CCC) and the California State University (CSU), and encourages a satellite campus of these systems and the University of California to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Further, requires them to provide specific reasonable accommodations, as provided. (EDC 66271.9 et seq.)
This Bill:
- Makes legislative findings and declarations that a living wage is the best tool to address poverty, and how access to higher education is crucial to reducing poverty, and increased education is linked to improved employment opportunities.
- Declares that parenting students face barriers to education due to competing demands, and that requiring student to choose between work or caregiving is unjustifiable, and can be improved if the caregivers are provided with financial support to stay in school while being able to provide for the child or children.
- Adds denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for not participating in CalWORKs WTW activities, as long as the condition continues to exist.
- Prohibits a county welfare department from sanctioning a CalWORKs recipient when the recipient fails to receive adequate, required pregnancy- or parenting-related accommodation covered under Title IX of the Federal Education Amendments of 1972, as provided.
- Expands the list of required conditions a county must exempt a teen/teenage parent from participating in the Cal-Learn Program to include a situation or crisis that is destabilizing their family, including, but not limited to:
- Homelessness or imminent risk of homelessness.
- A lack of safety due to domestic violence.
- Untreated or undertreated behavioral needs, including mental health or substance abuse related needs.
- Removes all references to “teen parent” and instead refers to a Cal-Learn Program participant as a “teen”.
- Removes all Cal-Learn Program sanction provisions for a recipient’s failure to either participate in the program or make adequate progress in their education requirements.
- Removes all provisions related to case manager duties for a recipient’s noncompliance in the Cal-Learn Program.
- Provides that if the Commission on State Mandates determines this act contains costs mandated by the state, that reimbursement to local agencies and school districts for those cost be made.
FISCAL IMPACT
This bill has not yet been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “Student parents pursue higher education to not only join the workforce but to provide for their families. The cost of living is increasing in California and it’s our job as legislators to make sure everyone has a chance to continue education as well as take care of their family without stressing about their financial needs. Unfortunately, pregnant and parenting students cannot always balance the needs of their families with the demands of their coursework, and, despite protections provided by Title IX, these student parents often face consequences from professors who don’t provide appropriate accommodations. While most students can appeal these decisions, students in CalWORKs risk losing critical benefits if they fail to meet coursework completion requirements. SB 521 provides a “good cause” exemption for these lapses in academic performance resulting from Title IX protected activities such as attending medical appointments or pumping breast milk.”
CalWORKs
CalWORKs, the state’s largest anti-poverty program, provides temporary cash assistance aimed at moving children out of poverty and helping qualified 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 WTW plan. The California Department of Social Services (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 grant amounts generally are adjusted for family size, income level, and region. Grant amounts are set and adjusted based on assistance unit (AU) size –larger AUs are eligible to receive a larger grant amount– to account for the increased financial needs of these families. The administration estimates that the average CalWORKs grant amounted to $960 per month across all family sizes and income levels in FY 2022-23. Recipients in high-cost counties receive grants that are 4.9 percent higher than recipients in lower-cost counties. For example, a family of three in a high-cost county that has no other earned income currently receives $925 per month; however, a similar family in a lower-cost county receives $878 per month. These grants are funded through a combination of federal TANF block grant funding, state General Fund, and county dollars. CalWORKs is funded with a mix of federal TANF money and state and county funds. Families enrolled in CalWORKs typically are also eligible for CalFresh and Medi‑Cal health coverage.
Prior to the COVID-19 pandemic, the CalWORKs caseload had reached a low of approximately 366,000 cases in 2019-20. CalWORKs caseload temporarily increased by about 3 percent during March through May of 2020, when Executive Order N-29-20 automatically recertified all recipients whose redeterminations were due during those months. However, CalWORKs then experienced the fastest five-month period of caseload declines since at least 2002. The Legislative Analyst’s office (LAO) suggested that the unprecedented economic assistance provided by the state and federal government, including expanded unemployment insurance benefits, could be a cause for the unexpected decline in the CalWORKs caseload. As the COVID-19 pandemic flexibilities and other increased federal assistance end, recently available data shows that the caseload has begun to increase again.[1]
In September 2021 the CalWORKs caseload decline stopped, and has increased each following month. However, despite these increases, the caseload still remains about 40,000 families below pre-pandemic levels. CDSS estimates that the final total CalWORKs caseload will increase by approximately 12.5 percent for FY 2021-22 and 12.6 percent for FY 2022-23, largely due to the impacts of state legislative changes, including the expiration of expanded federal unemployment insurance benefits, resumption of the CalWORKs 60-month time on aid limit, and earned income disregard changes.
Cal-Learn Program
The Cal-Learn Program (Cal-Learn) is for pregnant and parenting teens, who receive CalWORKs benefits. Provided statewide, Cal-Learn is designed to encourage pregnant and parenting teens to graduate from high school or its equivalent, become independent, and maintain healthy families. Pregnant and parenting teens who are receiving CalWORKs are required to participate in Cal-Learn if they: are under the age of 19; live in the same household as their child; have not graduated from high school or its equivalent; and are not in foster care. In FY 2020-21, there were 1,597 Cal-Learn participants.
The program consists of three coordinated services to assist parenting teens to become self-sufficient adults and responsible parents. Services include:
- Intensive case management to assist teen parents to obtain education, health and social services.
- Supportive services such as child care, transportation, and educational expenses to enable pregnant/parenting teens to attend school.
- Bonuses and sanctions to encourage school attendance and good grades. Four $100 bonuses per year may be earned based on report card results, and a one-time $500 bonus for graduating or attaining an equivalent high school diploma. Sanctions are applied if satisfactory grades are not maintained, and/or timely report cards are not submitted.
This bill would expand the list of required conditions that a county must exempt a teen parent from participating in Cal-Learn to include a situation or crisis that is destabilizing their family. These situations or crises include, but are not limited to:
- Homelessness or imminent risk of homelessness.
- A lack of safety due to domestic violence.
- Untreated or undertreated behavioral needs, including mental health or substance abuse related needs.
CalWORKs Welfare-to-Work (WTW) Requirements
Unless deemed exempt, an adult in a one-parent AU is required to participate in WTW activities for an average of 30 hours per week or, in the case of someone who is pregnant or parenting a child under age six, an average of 20 hours per week, monthly. In a two-parent AU, one or both adults must participate in WTW activities for a combined average of 35 hours 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 abuse treatment, domestic abuse services, or other activities necessary to assist recipients in obtaining employment. If a CalWORKs recipient who is not exempt from participation does not meet the WTW requirements, the recipient may be sanctioned, and that recipient’s portion of the family’s grant may be subtracted from the amount provided to the family. Beginning May 1, 2022, Under AB 79 (Committee on Budget, Chapter 11, Statutes of 2020), CalWORKs recipients could again be eligible to receive cash aid for up to 60 months, which aligns California law with the federal time limit rules.[2]
This bill would prohibit any month a teen participates in Cal-Learn from counting as a month of aid towards their cumulative, 60-month time limit for receipt of aid under federal and state law. For example, if a teen parent over age 18 years old participates in Cal-Learn for six months, those six months would not count towards their cumulative, 60-month lifetime limit.
Sanctions
Federal TANF statutes direct states to sanction nonexempt recipients who fail to participate in required work activities. However, federal law prohibits states from sanctioning a single parent with a child under age six for failing to meet work requirements, if child care is not available. Aside from this restriction, the federal TANF statutes provide states flexibility to determine their WTW sanction processes, including defining noncompliance, determining good cause, establishing the severity of sanctions, and developing procedures to apply and appeal sanctions. Under both the CalWORKs and the Cal-Learn Programs, a financial sanction is applied when a mandatory (non-exempt) WTW participant or teen parent participant fails or refuses to comply with program requirements without good cause, and the compliance process has failed, or the individual has not fulfilled the terms of their CalWORKs WTW compliance plan or Cal-Learn case plan as agreed.
Under CDSS Manual of Policies and Procedures (MMP) 42-762, a teen parent is required to participate in the Cal Learn program until the end of the month in which the teen parent turns age 19 (or 20 if the teen parent is a volunteer), or until either a high school diploma or its equivalent is earned. The teen parent must assist in the development of their case plan, which includes a schedule for the submission of their report cards. The teen parent is also required to submit a current, quarterly report cards or progress reports to their Cal-Learn case manager within 10 working days from the date it is issued.
MMP 42-762 also outlines the duties of the Cal-Learn case manager. These duties include, but are not limited to, linking each teen to appropriate health care for themselves and their child(ren), finding child care for the teen parent’s child, providing program exemptions, deferrals and good cause, and coordinating supportive services and bonuses or penalties, and assisting the teen in addressing barriers to self-sufficiency. The Cal-Learn case manager also determines if report cards are submitted as required in the teen parent's report card submittal schedule and reviews report cards to determine the teen parent’s progress for bonuses or sanctions.
If a teen parent fails to make adequate progress or fails to submit a report card as required, within 10 working days from that date, the case manager must send a written notification to the teen parent, make reasonable efforts to reach the teen parent, and secure a face-to-face meeting with the teen parent. These efforts to contact the teen may include a telephone call to the teen parent, face-to-face contact with the teen parent, or a written notice with an appointment date if the case manager cannot contact the teen parent by telephone or by in-person contact. After all efforts are made by the case manager and the teen parent does not engage or continues to fail to make adequate progress or fails to submit their report card, they their grant will receive a $100 sanction. Sanction can be imposed up to four times in a 12-month period for each teen parent who fails to make adequate progress in his or her school program without demonstrating good cause. In FY 2020-21, 20 Cal-Learn participants were sanctioned.
This bill would instead remove a county’s ability to institute a sanction if a teen fails to maintain their grades while in high school or its equivalent[3] or for failure to timely submit their report card. This bill would also remove all case management duties related to the sanction process.
WTW Exemptions for Pregnant Individuals and Those Parenting Young Children
County human services agencies determine if there is a condition or other circumstance that temporarily prevents or significantly impairs a CalWORKs recipient from working or participating in WTW activities. CalWORKs participants may be granted exemptions that excuse them from WTW requirements. These exemptions can include, but are not limited to, pregnancy, domestic violence, a disability that will last 30 days or more, providing foster care, being less than 16 years of age (or less than 19 years of age if attending school full time) or more than 60 years of age, receipt of paid family leave, or for the care of an infant or a young child. If exempt, a person can still voluntarily participate in the program to be able to access supportive services offered through the WTW program.
CalWORKs recipients exempt from WTW activities may choose, at any time, to voluntarily participate in WTW activities or choose to end this participation, without loss of eligibility for CalWORKs aid, as long as the recipient's exemption status does not change in a way that would require their participation.
This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of reasons that may be considered good cause for not participating in CalWORKs WTW activities.
Federal Title IX
Enacted in 1972, Title IX prohibits discrimination and harassment on the basis of sex in education programs and activities that receive federal financial assistance. In a Supreme Court 1979 opinion, Cannon v. University of Chicago, the Court stated that the purposes of Title IX are two-fold: “to ‘avoid the use of Federal resources to support discriminatory practices’ and second, to ‘provide individual citizens effective protection against those practices.” The U.S. Department of Education (DOE) issues rules regarding the dual purposes of Title IX. DOE rules regarding Title IX specify the way in which a school, college, or university must respond to allegations of sexual harassment in an education program or activity.
CalWORKs Recipients and College
In 2020, the Public Policy Institute of California evaluated the role CCCs play in building skills and earning credentials to support the economic mobility of CalWORKs parents between school years 2012–13 and 2018–19. The report examined the outcomes of more than 43,000 CalWORKs recipients who were enrolled as community college students. The report found that of those attend college through CCCs: (1) two-thirds were single mothers, (2) nearly 70 percent were Latino or African American, (3) less than one in four complete a credential and only 12 percent transfer to a four-year college within three years of entering a college CalWORKs program, and (4) on average they enrolled for six terms and received support services through college CalWORKs programs for four terms.
The researchers also found that like others enrolled at community colleges, CalWORKs students may face many barriers by virtue of their low income levels and parental responsibilities. CalWORKs students who are single parents need to balance their school work with the responsibilities of caring for their children and their jobs. The report noted that many CalWORKs recipients “have multiple barriers to employment that can make college success more difficult.”[4]
Reasonable Accommodations at Colleges
AB 2785 (Rubio, Chapter Statutes of 2018) required CSUs and CCCs, and urged the University of California and the other campuses satellite sites, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding, whenever a student is required to be present on campus. CSUs and CCCs also must not academically penalize students for their use of the reasonable accommodations. Students are also allowed an opportunity to make up any work missed due to these needs. For a student who believes their rights have been violated, either under this law or Title IX, the student may file a complaint of noncompliance with the CSU Office of the Chancellor or the CCC Board of Governors, or take other legal action.
This bill would prohibit a county from sanctioning a CalWORKs recipient if a recipient who requires pregnancy- or parenting-related accommodations covered under federal Title IX did not receive adequate accommodations, as provided.
Related/Prior Legislation:
AB 2300 (Kalra, Chapter 588, Statutes of 2022) among other things, exempted a recipient receiving Paid Family Leave from CalWORKs aid time limits and prohibited sanctions from being applied for failure or refusal to comply with CalWORKs work requirements if the anticipated work hours are unpredictable or certain labor law protections are violated, and permitted a person to requalify for CalWORKs benefits by attending school on a full-time basis, as provided.
AB 1728 (R. Rivas, 2022) among other things, would have expanded the CalWORKs WTW exemptions to recipients who are pregnant, and for parents and other relatives who have primary responsibility for providing care to children from up to six months to up two years of age and under, as specified. This bill was held in the Senate Appropriations Committee.
SB 65 (Skinner Chapter 449, Statutes of 2021) established the California Momnibus Act, which, amongst other things, eliminates the mandatory requirement to work or participate in WTW for pregnant persons, and makes participation voluntary for all pregnant people, regardless of whether the individual meets prior exemption requirements.
AB 79 (Committee on Budget, Chapter 11, Statutes of 2020), among other things, authorized a 60-month CalWORKs lifetime time limit and eliminated the 24-month time clock for certain WTW activities, effective May 1, 2022. The bill also established an expanded list of Cal-Learn programs, intensive case management options counties may choose from in providing services to pregnant and parenting teens.
AB 2785 (Rubio, Chapter Statutes of 2018) requires the CCC and the CSU, and encourages a satellite campus of CCC or CSU, and the University of California, to provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding.
SB 1041 (Committee on Budget and Fiscal Review Chapter 47, Statutes of 2012) among other things, exempted from WTW activities on a one-time basis, a parent or other relative that has primary responsibility for personally providing care to one child from birth to 23 months.
AB X4 4 (Evans, Chapter 4, Statutes of 2009) among other things, exempted parents or primary caretakers of a child age 12 months through 23 months, or two or more children under the age of six from participating in WTW activities.
AB 1542 (Ducheny, Chapter 270, Statutes of 1997) implemented the CalWORKs program, California’s version of the federal TANF program.
SB 35 (Budget and Fiscal Review, Chapter 69, Statutes of 1993) and SB 1078 (Chapter 1252, Statutes of 1993) among other things, established the Cal Learn Program that requires pregnant and parenting teens to attend school to obtain their high school diploma or GED, as provided.
COMMENTS
Current state and federal law affords students various protections, including federal Title IX protections, and as of January 1, 2020 state protections to address the needs of lactating students. These protections also encompass students who receive CalWORKs and are participating in WTW activities. This bill seeks to add the denial of reasonable accommodations for pregnant or parenting students to the list of reasons that may be considered good cause for not participating in CalWORKs WTW activities. This bill would also prohibit a county human service agency from sanctioning a participant if they are unable to participate in WTW activities because they were not afforded reasonable accommodations as specified under federal and state law. This bill appears to align with current law and is explicitly stating these protections are also afforded to WTW participating CalWORKs recipients.
The Cal-Learn Program is for pregnant and parenting teens who receive CalWORKs benefits and provides services and supports so that the teens are able to obtain their GED or high school diploma prior to age 19. Under the provisions of this bill, Cal-Learn participants would no longer be subject to a sanction if they are not making good progress in school, fail to turn in their grades, or if they choose to not participate in the program. The bill would also expand the list of required conditions that a county must exempt a teen parent from participating in Cal-Learn to include a situation or crisis that is destabilizing their family.
In recent years, the Legislature has made several changes to the CalWORKs Program including increasing the cash grant, restoring the 60-month time clock, and increasing access to services and supports, such as child care to help families become self-sufficient. Additionally, recent legislation also tasked CDSS with soliciting stakeholder input regarding the federal Work Participation Rate (WPR), including input about how it relates to participant sanctions. Currently Cal-Learn participants are exempt from the WPR as long as they are actively participating in the program. It is unclear at this time how the changes to Cal-Learn proposed by this bill will interplay, if at all, with the work already underway through this stakeholder process or are addressed in the forthcoming WPR report from CDSS to the Legislature.
POSITIONS
Support:
Women's Foundation of California, Dr. Beatriz Maria Solis Policy Institute (SPI) (Sponsor)
Afscme
Breastfeedla
Building Skills Partnership
California Catholic Conference
Coalition of California Welfare Rights Organizations
National Association of Social Workers, California Chapter
Parent Voices California
Oppose:
None received
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https://www.lao.ca.gov/Publications/Report/4699 ↑
During recessionary state budget cuts, the maximum time on aid was reduced to 48-months and a 24-month time clock for
WTW was created through SB 1041 (Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2012). ↑
A vocational training program does not meet the Cal Learn requirements. ↑
https://www.ppic.org/wp-content/uploads/supporting-student-parents-in-community-college-calworks-programs-october-2020.pdf ↑
Bill Author
