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AB-373 CalWORKs: time limits for aid.(2011-2012)

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AB373:v98#DOCUMENT

Amended  IN  Assembly  March 31, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 373


Introduced  by  Assembly Member Garrick

February 14, 2011


An act to amend Section 11320.15 of the Welfare and Institutions Code, relating to public social services. An act to amend Sections 11265.2, 11266.5, 11320.15, 11320.2, and 17021 of, and to repeal and amend Sections 11327.5 and 11454 of, the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 373, as amended, Garrick. CalWORKs: time limits for aid.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Existing law provides that a parent or caretaker relative shall not be eligible for CalWORKs aid when he or she has received aid for a cumulative total of 60 months. Existing law excludes months in which certain conditions exist from being counted as a month of receipt of aid for these purposes.
This bill would revise the requirements for providing aid under the CalWORKs program by replacing the existing time limits on receipt of aid with a 24-month limit, operative 90 days after the effective date of the bill. The bill would make various conforming changes related to the shortened time limit for aid.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law, with certain exceptions, requires removal of a CalWORKs participant after he or she has received aid for a total of 60 months from the assistance unit for the purpose of calculation of aid.

This bill would make technical, nonsubstantive changes to a provision relating to CalWORKs aid time limits.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11265.2 of the Welfare and Institutions Code is amended to read:

11265.2.
 (a) The grant amount a recipient shall be entitled to receive for each month of the quarterly reporting period shall be prospectively determined as provided by this section. If a recipient reports that he or she does not anticipate any changes in income during the upcoming quarter, compared to the income the recipient reported actually receiving on the quarterly report form, the grant shall be calculated using the actual income received. If a recipient reports that he or she anticipates a change in income in one or more months of the upcoming quarter, the county shall determine whether the recipient’s income is reasonably anticipated. The grant shall be calculated using the income that the county determines is reasonably anticipated in each of the three months of the upcoming quarter.
(b) For the purposes of the quarterly reporting, prospective budgeting system, income shall be considered to be “reasonably anticipated” if the county is reasonably certain of the amount of income and that the income will be received during the quarterly reporting period. The county shall determine what income is “reasonably anticipated” based on information provided by the recipient and any other available information.
(c) If a recipient reports that their income in the upcoming quarter will be different each month and the county needs additional information to determine a recipient’s reasonably anticipated income for the following quarter, the county may require the recipient to provide information about income for each month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be revised to adjust the grant amount during the quarterly reporting period, except as provided in Section 11265.3 and subdivisions (e), (f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations relating to (1) the 60-month 24-month time limit, (2) age limitations for children under Section 11253, and (3) sanctions and financial penalties affecting eligibility or grant amount shall be applicable as provided in such statutes and regulations. Eligibility and grant amount shall be adjusted during the quarterly reporting period pursuant to such statutes and regulations effective with the first monthly grant after timely and adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for assistance for a child who is currently aided in another assistance unit, and the county determines that the applicant has care and control of the child, as specified by the department, and is otherwise eligible, the county shall discontinue aid to the child in the existing assistance unit and shall aid the child in the applicant’s assistance unit effective as of the first of the month following the discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, the county shall discontinue aid to the child at the end of the month of placement. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a California resident, pursuant to Section 11100, the recipient shall be discontinued. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.

SEC. 2.

 Section 11266.5 of the Welfare and Institutions Code is amended to read:

11266.5.
 (a) Every applicant for aid under this chapter shall be informed of the availability of lump-sum diversion services to resolve the circumstances that require the family to apply for assistance prior to the family’s approval for aid.
(b) When an applicant is determined to be eligible for assistance under this chapter, the county shall assess whether the applicant would benefit from the lump-sum diversion program. The county shall make this determination in its sole discretion. In making this determination, the county shall consider whether the applicant is likely to be able to avoid the need for extended assistance beyond the diversion period if the family was provided one-time assistance. In making this determination, the county may consider any of the following:
(1) The applicant’s employment history.
(2) The likelihood of the applicant obtaining immediate full-time employment.
(3) The applicant’s general prospect for obtaining full-time employment.
(4) The applicant’s need for cash assistance to pay for housing or substantial and unforseen expenses or work-related expenses.
(5) Housing stability.
(6) The adequacy of the applicant’s child care arrangements, if applicable.
(c) If the county determines, pursuant to subdivision (b), that an applicant could benefit from a lump-sum diversion payment, the county shall inform the applicant of its determination.
(d) An applicant for aid under this chapter may either participate in the lump-sum diversion program or decline participation in diversion and, instead, receive aid as otherwise provided for in this chapter.
(e) Lump-sum diversion services provided under this section may include any cash or noncash payment and shall be negotiated by the county and the applicant in order to assist the applicant in avoiding the need for aid under this chapter.
(f) If, after accepting a diversion payment pursuant to this section, the individual reapplies for aid under this chapter within the amount of time that corresponds with the number of months of aid that would have been received under this chapter that was received as a diversion payment, excluding a partial month, and he or she is determined to be eligible for aid, the county shall, at the option of the recipient, either recoup from the recipient’s grant, over a period of time to be determined by the county, the amount of the diversion payment that the recipient received, or count the period of time that corresponds to the number of months of aid that would have been received, excluding a partial month of aid, towards the 60-month 24-month time limit on aid specified in subdivision (b) (a) of Section 11454.
(g) To the extent permitted by federal law, lump-sum diversion payments shall not be considered income for the purpose of determining eligibility for food stamps CalFresh benefits.
(h) Any child support collected by the applicant or recovered by the county shall not be used to offset the diversion payment.
(i) During the period of the diversion, the applicant family shall be eligible for Medi-Cal and child care assistance pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of the Education Code, if otherwise eligible.

SEC. 3.

 Section 11320.15 of the Welfare and Institutions Code is amended to read:

11320.15.
 After a participant has received aid for a total of 60 months 24 months, pursuant to Section 11454, he or she shall be removed from the assistance unit for the purposes of calculation of aid under Section 11450 and he or she shall no longer be required to participate in welfare-to-work activities. Additional welfare-to-work services may be provided to the recipient, at the option of the county. If the county provides services to the recipient after the 60-month 24-month limit has been reached, the recipient shall participate in community service.

SEC. 4.

 Section 11320.2 of the Welfare and Institutions Code is amended to read:

11320.2.
 (a) Commencing July 1, 2011, subject to subdivision (g), the county shall conduct self-sufficiency reviews with all aided caretaker relatives and the adult caretaker or minor parent head-of-household in child-only cases, except for individuals who are exempt from welfare-to-work activities pursuant to Section 11320.3. Reviews shall be conducted every six months, except as otherwise provided in this subdivision. For an assistance unit determined to be eligible under this chapter on or after July 1, 2011, reviews shall be conducted at the end of the assistance unit’s second and fourth quarterly reporting periods. The review at the fourth quarterly reporting period shall be conducted with the annual redetermination, on the same day and in the same location. The notice, scheduling, and accommodation requirements used for the annual redetermination shall be utilized uniformly for the self-sufficiency reviews. For an assistance unit determined to be eligible under this chapter prior to July 1, 2011, reviews shall be conducted starting at the end of each assistance unit’s second quarterly reporting period and with the next regularly scheduled redetermination, and then annually thereafter.
(b) The county shall provide notification to individuals for whom a review has been scheduled, not less than 60 calendar days prior to the appointment, and provide for a process for rescheduling, if necessary, on a date not to exceed 20 calendar days beyond the scheduled review.
(c) Self-sufficiency reviews shall be conducted by a county social worker or employment services worker.
(d) The purposes of the self-sufficiency review are to determine barriers to participation, including those that may establish the basis for an exemption, to assess needed services and resources, and to provide tools to connect the recipient with the needed services and activities in order to increase his or her work or community service participation pursuant to Section 11320.
(e) (1) If the recipient fails to attend the review, the county shall provide the recipient with a notice that the county shall reduce the recipient’s benefits by 50 percent after 30 calendar days, unless the participant has complied or provided good cause. Prior to reducing benefits by 50 percent, the county shall attempt to make personal contact, consistent with current practice as exercised for the annual redetermination, to remind the recipient that attending the self-sufficiency review is required, or, if contact is not made, shall send a reminder notice to the recipient no later than five days prior to the end of the 30-calendar day period. The county may determine at any time prior to reducing benefits by 50 percent for failure to attend the self-sufficiency review, or after the sanction has been imposed, that a recipient had good cause for failing to attend the self-sufficiency review. A notice regarding a 50-percent reduction in benefits shall be rescinded when the self-sufficiency review is completed.
(2) If the participant is found to not comply with the requirement to attend the self-sufficiency review, the benefits shall be reduced by 50 percent.
(3) The county may determine, at any time prior to the end of the 30-calendar day period following the reduction of benefits by 50 percent for failure to attend the self-sufficiency review, or after the sanction has been imposed, that a recipient had good cause for failing to attend the review. If the county finds a recipient had good cause, it shall rescind the reduction in benefits notice. Good cause exists only when the recipient cannot reasonably be expected to fulfill his or her responsibilities, due to factors beyond the recipient’s control.
(f) Not later than January 1, 2013, the county shall provide the department with an evaluation of the implementation of the self-sufficiency reviews that addresses the effectiveness of the reviews in meeting the goals stated in subdivision (d). Upon receipt of all of the county evaluations, the department shall forward the evaluations to the relevant fiscal and policy committees of the Legislature for review.
(g) An aided adult who is fully meeting the hours of participation required of CalWORKs recipients under applicable state law shall not be subject to self-sufficiency reviews.
(h) A review conducted in accordance with this section that occurs at either the 42nd or 54th 18th month of aid pursuant to Section 11454 shall include all of the components specified in subdivision (a), and shall also include information and a warning to the individual regarding the upcoming consequences of reaching the 48-month or 60-month time limits 24-month time limit, depending on the specific circumstances of the case. The review shall occur six months before the applicable time limit. However, if a recipient returns to aided status when fewer than six months remain before the 60-month time limit, he or she shall receive a review under this section within a reasonable time prior to the 60th 24th month, as determined by the county.

(i)This section shall become operative on July 1, 2011.

SEC. 5.

 Section 11327.5 of the Welfare and Institutions Code, as amended by Section 2 of Chapter 8 of the Fourth Extraordinary Session of the Statutes of 2009, is repealed.
11327.5.

(a)Sanctions shall be imposed in accordance with subdivision (b) or (c), as appropriate, if an individual has failed or refused to comply with program requirements without good cause and conciliation efforts, as described in Section 11327.4, have failed.

(b)The sanctions provided for in subdivisions (c) and (d) shall not apply to an individual who is exempt from the requirements of this article but is voluntarily participating in the program. If that individual engages in conduct that would bring about the actions provided for in subdivisions (c) and (d), except for his or her status as a voluntary program participant, the individual shall not be given priority so long as other individuals are actively seeking to participate.

(c)Financial sanctions for failing or refusing to comply with program requirements without good cause shall cause a reduction in the family’s grant by removing the noncomplying family member from the assistance unit for a period of time specified in subdivision (d).

(1)For families that qualify for aid due to unemployment of the family’s primary wage earner, the sanctioned parent shall be removed from the assistance unit. Unless the spouse or the family’s second parent meets the provisions of subparagraph (A) of paragraph (2), if the sanctioned parent’s spouse or the family’s second parent is not participating in the program, both the sanctioned parent and the spouse or second parent shall be removed from the assistance unit. The county shall notify the spouse of the noncomplying participant or second parent in writing at the commencement of conciliation of his or her own opportunity to participate and the impact on sanctions of that participation.

(2)(A)Except as provided in subparagraph (B), exemption criteria specified in Section 11320.3, conciliation specified in Section 11327.4, and good cause criteria specified in Section 11320.31 and subdivision (f) of Section 11320.3 shall apply to the sanctioned parent’s spouse or the family’s second parent.

(B)Exemption criteria specified in paragraphs (5) and (6) of subdivision (b) of Section 11320.3 do not apply to a spouse or second parent who is participating to avoid the sanction of the noncomplying parent.

(C)If the sanctioned parent’s spouse or the family’s second parent chooses to participate to avoid the noncomplying parent’s sanction, subsequently fails or refuses to participate without good cause, and does not conciliate, he or she shall be removed from the assistance unit for a period of time specified in subdivision (d).

(D)If the sanctioned parent’s spouse or the family’s second parent is under his or her own sanction at the time of the first parent’s sanction, the spouse or second parent shall not be provided the opportunity to avoid the first parent’s sanction until the spouse or second parent’s sanction is completed.

(3)For families that qualify due to the absence or incapacity of a parent, only the noncomplying parent shall be removed from the assistance unit.

(4)If the noncomplying individual is the only dependent child in the family, his or her needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.

(5)If the noncomplying individual is one of several dependent children in the family, his or her needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.

(d)An instance of noncompliance without good cause shall result in a financial sanction. This sanction shall terminate at any point if the noncomplying participant performs the activity or activities he or she previously refused to perform.

(e)Sanctions shall become effective on the first day of the first payment-month that the sanctioned individual’s needs are removed from aid under this chapter.

(f)In the event this section conflicts with federal law, the department shall adopt regulations to conform to federal law.

(g)This section shall remain in effect only until July 1, 2011, and as of that date is repealed.

SEC. 6.

 Section 11327.5 of the Welfare and Institutions Code, as added by Section 3 of Chapter 8 of the Fourth Extraordinary Session of the Statutes of 2009, is amended to read:

11327.5.
 (a) Sanctions shall be imposed in accordance with subdivision (b) or (c), as appropriate, if an individual has failed or refused to comply with program requirements without good cause and conciliation efforts, as described in Section 11327.4, have failed.
(b) The sanctions provided for in subdivisions (c) and (d) shall not apply to an individual who is exempt from the requirements of this article but is voluntarily participating in the program. If that individual engages in conduct that would bring about the actions provided for in subdivisions (c) and (d), except for his or her status as a voluntary program participant, the individual shall not be given priority so long as other individuals are actively seeking to participate.
(c) Financial sanctions for failing or refusing to comply with program requirements without good cause shall cause a reduction in the family’s grant, in accordance with subdivision (d).
(1) For families that qualify for aid due to unemployment of the family’s primary wage earner, the sanctioned parent shall be removed from the assistance unit. Unless the spouse or the family’s second parent meets the provisions of subparagraph (A) of paragraph (2), if the sanctioned parent’s spouse or the family’s second parent is not participating in the program, both the sanctioned parent and the spouse or second parent shall be removed from the assistance unit. The county shall notify the spouse of the noncomplying participant or second parent in writing at the commencement of conciliation of his or her own opportunity to participate and the impact on sanctions of that participation.
(2) (A) Except as provided in subparagraph (B), exemption criteria specified in Section 11320.3, conciliation specified in Section 11327.4, and good cause criteria specified in Section 11320.31 and subdivision (f) of Section 11320.3 shall apply to the sanctioned parent’s spouse or the family’s second parent.
(B) Exemption criteria specified in paragraphs (5) and (6) of subdivision (b) of Section 11320.3 do not apply to a spouse or second parent who is participating to avoid the sanction of the noncomplying parent.
(C) If the sanctioned parent’s spouse or the family’s second parent chooses to participate to avoid the noncomplying parent’s sanction, subsequently fails or refuses to participate without good cause, and does not conciliate, he or she shall be removed from the assistance unit for a period of time specified in subdivision (d).
(D) If the sanctioned parent’s spouse or the family’s second parent is under his or her own sanction at the time of the first parent’s sanction, the spouse or second parent shall not be provided the opportunity to avoid the first parent’s sanction until the spouse or second parent’s sanction is completed.
(3) For families that qualify due to the absence or incapacity of a parent, only the noncomplying parent shall be removed from the assistance unit.
(4) If the noncomplying individual is the only dependent child in the family, his or her needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.
(5) If the noncomplying individual is one of several dependent children in the family, his or her needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.
(d) (1) An instance of noncompliance without good cause shall result in a financial sanction, consisting of removing the noncomplying family member from the assistance unit, after the noncompliance persists for three cumulative months. The conciliation process described in Section 11327.4 shall occur during the first 30 days of this three-month period. A sanction under this section shall terminate at any point if the noncomplying participant performs the activity or activities he or she previously refused to perform.
(2) (A) If the instance of noncompliance persists for three cumulative months, the county shall review and assess the circumstances of the noncomplying individual in order to determine and identify potential barriers to participation, assess the need for services or resources, and provide tools to connect the individual with services and activities. The review and assessment shall be conducted by a social worker or employment services worker. The county shall make a good faith effort to remediate any barriers that are identified. If barriers relating to substance abuse, mental health, or domestic violence are suspected, the county shall schedule assessments with an employment specialist or social worker for the individual in order to assess and review for treatment. This review shall occur within 30 days after the grant reduction made pursuant to paragraph (1).
(B) If the county fails to conduct a review or remediate any issues pursuant to this paragraph, or if the county determines that the individual is in compliance pursuant to paragraph (1), or is exempt from welfare-to-work requirements, the sanction shall terminate. If failure to conduct a review or remediate an issue is the result of the recipient’s noncompliance, the sanction shall continue.
(3) (A) If the instance of noncompliance persists for an additional three cumulative months after a grant reduction is made pursuant to paragraph (1), the grant shall be decreased by an amount equal to 25 percent of the child-only grant, which already reflects the removal of the parent.
(B) If the instance of noncompliance persists for an additional three cumulative months after the family’s grant is reduced under subparagraph (A), a second review and assessment shall be conducted in accordance with the requirements of paragraph (2). The second review and assessment shall be conducted within 30 days of the most recent grant reduction pursuant to subparagraph (A). After the review and assessment conducted under this paragraph, if the instance of noncompliance persists for an additional three cumulative months after the most recent reduction, the family’s aid grant shall be decreased by an amount equal to 50 percent of the child-only grant level that existed prior to the 25-percent reduction.
(C) At any time, if the noncomplying member is determined to be exempt, or comes into compliance with applicable CalWORKs work requirements, the sanction shall terminate and the full aid grant amount shall be restored.
(4) (A) With respect to an assistance unit from which the adult’s share of the grant has been terminated due to the expiration of the 60-month period provided for pursuant to Section 11454, the county shall impose the sanctions provided for in this section only if the county makes available to the adult necessary child care services, and all applicable exemptions. If the Legislature has made a specific appropriation for transportation services for families who have exceeded the 60-month 24-month time limit and the county has not made this service available to the adult, as necessary, a sanction shall not be imposed. These cases shall receive a review pursuant to subdivision (g) of Section 11320.2 at the 42nd or 54th 18th month of aid in preparation for this assessment by the county, including reviewing possible exemptions and discussing possible grant reductions if the family is not in compliance after the 60 24 months with the state participation requirements, as determined by the county. The individual shall receive notice of the review, which shall include informing the individual of the risk of having the grant further reduced by 25 percent if the parent does not comply with CalWORKs requirements after the 48th or 60th 24th month on aid, as well as opportunities to come into compliance and services that may be available from the county.
(B) If the county determines after the 48th or 60th 24th month on aid that the adult is not in compliance and does not otherwise meet exemption criteria, such as SSI eligibility or being an elderly caregiver, and the service requirements of the county as specified in subparagraph (A) have been met, then the aid grant shall be decreased by an amount equal to 25 percent of the child-only portion of the grant, thus resulting in a grant level equal to 75 percent of the child-only grant level in the 47th or 59th 23rd month, or the month prior to entering the safety net. Review and assessment pursuant to paragraph (2) shall be scheduled with the adult in this assistance unit at this time.
(C) If the noncompliance persists for three cumulative months after the grant reduction pursuant to subparagraph (B) the review and assessment conducted pursuant to paragraph (2), and the county has met the service requirements specified in subparagraph (A), then the aid grant shall be decreased by an amount equal to 50 percent of the child-only aid grant thus resulting in a grant level equal to 50 percent of the child-only grant level in the 47th or 59th 23rd month, or the month prior to entering the safety net.
(D) At any time, if the noncomplying member is determined to be exempt from welfare-to-work activities, or comes into compliance with applicable CalWORKs work requirements, the sanction shall terminate and the full aid grant amount shall be restored.
(5) (A) After 60 24 full months of aid, with respect to an assistance unit for which there is no adult share due to the adult being (i) not lawfully present in the United States, (ii) a person described by Section 608(a)(9)(A) of Title 42 of the United States Code, or (iii) convicted of any offense classified as a felony by the law of the jurisdiction involved and that has as an element of the possession, use, or distribution of a controlled substance, as defined in Section 802(6) of Title 21 of the United States Code, the county shall apply the sanction provisions contained in subparagraph (B) to the assistance unit allowing for all applicable exemptions. If the county makes available to the adult, at county expense or pursuant to a specific General Fund appropriation, necessary supportive services of child care and transportation, in addition to community service opportunities, and the family is in compliance with work requirements the family shall receive the full child-only grant. These cases shall receive a self-sufficiency review pursuant to subdivision (g) (h) of Section 11320.2 at the 54th 18th month of aid, in preparation for this assessment by the county, including reviewing possible exemptions, and discussing possible grant reductions if the family is not in compliance with the state participation requirements after 60 24 months, as determined by the county.
(B) If the county determines after the 60 24 months of aid that the adult does not otherwise meet exemption criteria, including those that acknowledge the adult’s inability to work, such as SSI eligibility or being an elderly caregiver, and the service requirements of the county as specified in subparagraph (A) have been met, then the aid grant shall be decreased by an amount equal to 25 percent of the child-only portion of the grant amount, thus resulting in a grant level equal to 75 percent of the child-only grant level in the 59th 23rd month or the month prior to entering the safety net. Review and assessment pursuant to paragraph (2) shall be scheduled with the adult in this assistance unit at this time.
(C) If the noncompliance persists for three cumulative months after the review and assessment conducted pursuant to paragraph (2), and the service requirements of the county as specified in subparagraph (A) have been met, the family’s aid grant shall be decreased to an amount equal to 50 percent of the child-only portion of the grant amount, thus resulting in a grant level equal to 50 percent of the child-only grant level in the 59th 23rd month prior to entering the safety net.
(D) At any time, if the noncomplying member is determined to be exempt from welfare-to-work activities, or comes into compliance with applicable CalWORKs work requirements, the sanction shall terminate and the full aid grant amount shall be restored.
(e) Sanctions shall become effective on the first day of the first payment-month that the sanctioned individual’s needs are removed or further reductions are made to aid under this chapter.
(f) The additional monetary sanctions imposed in subdivision (d) shall not apply if the only sanctioned individual in the family is a dependent child.
(g) The county shall send individuals subject to sanction a notice by the end of their second cumulative month on sanction, and a notice by the end of their fifth cumulative month on sanction, reminding them that their aid will further decrease if the sanction is not cured by the end of the third or sixth month, respectively.
(h) In addition to the notice required pursuant to subdivision (d), counties shall attempt to contact the noncompliant individual prior to imposing a sanction reducing the family’s aid. This contact may be achieved through telephone calls, letters, home visits, or some combination of these methods.
(i) The review and assessment described in paragraph (2) of subdivision (d) shall be deemed to satisfy the requirements for a self-sufficiency review pursuant to Section 11320.2 if the review and assessment occurs within the same month that a self-sufficiency review under Section 11320.2 would have been scheduled. If failure to conduct the review or assessment is the result of the recipient’s noncompliance, the sanction or further reduction shall become effective under this chapter.
(j) Any review or assessment required under this section may be conducted through face-to-face meetings or home visits.

(k)This section shall become operative on July 1, 2011.

SEC. 7.

 Section 11454 of the Welfare and Institutions Code, as amended by Section 5 of Chapter 8 of the Fourth Extraordinary Session of the Statutes of 2009, is repealed.
11454.

(a)A parent or caretaker relative shall not be eligible for aid under this chapter when he or she has received aid under this chapter or from any state under the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a cumulative total of 60 months.

(b)No month in which aid has been received prior to January 1, 1998, shall be taken into consideration in computing the 60-month limitation provided for in subdivision (a).

(c)Subdivision (a) shall not be applicable when all parent or caretaker relatives of the aided child who are living in the home of the child meet any of the following requirements:

(1)They are 60 years of age or older.

(2)They meet one of the conditions specified in paragraph (4) or (5) of subdivision (b) of Section 11320.3.

(3)They are not included in the assistance unit.

(4)They are receiving benefits under Section 12200 or Section 12300, State Disability Insurance benefits or Workers’ Compensation Temporary Disability Insurance, if the disability significantly impairs the recipient’s ability to be regularly employed or participate in welfare-to-work activities.

(5)They are incapable of maintaining employment or participating in welfare-to-work activities, as determined by the county, based on the assessment of the individual and the individual has a history of participation and full cooperation in welfare-to-work activities.

(d)This section shall remain in effect only until July 1, 2011, and as of that date is repealed.

SEC. 8.

 Section 11454 of the Welfare and Institutions Code, as added by Section 6 of Chapter 8 of the Fourth Extraordinary Session of the Statutes of 2009, is amended to read:

11454.
 (a) A parent or caretaker relative shall not be eligible for aid under this chapter when he or she has received aid under this chapter or from any state under the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a cumulative total of 60 24 months.
(b) No month in which aid has been received prior to January 1, 1998, shall be taken into consideration in computing the 60-month 24-month limitation provided for in subdivision (a), or the 48-month limitation provided for in subdivision (e).
(c) Subdivision (a) shall not be applicable when all parent or caretaker relatives of the aided child who are living in the home of the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or (5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section 12300, State Disability Insurance benefits or Workers’ Compensation Temporary Disability Insurance, if the disability significantly impairs the recipient’s ability to be regularly employed or participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating in welfare-to-work activities, as determined by the county, based on the assessment of the individual and the individual has a history of participation and full cooperation in welfare-to-work activities.
(d) A month in which an individual is under sanction for noncompliance pursuant to Section 11327.5 shall be taken into consideration in computing the 60-month 24-month time limit on receipt of cash assistance pursuant to subdivision (a), but shall not be counted for purposes of the receipt of welfare-to-work services pursuant to Section 11320.

(e)The 60-month benefit limit provided for in subdivision (a) shall apply, except that aid may not be received for more than 48 cumulative months in any 60-month period. The adult may return to the assistance unit 12 months after receiving aid for the 48 cumulative months. In the absence of a sanction pursuant to Section 11327.5, the full grant shall be restored at the time the adult returns to the assistance unit.

(f)This section shall become operative on July 1, 2011.

(g)

(e) Counties shall notify families of the reduction in time limitations specified in this section, within a reasonable time following the effective date of this section.

SEC. 9.

 Section 17021 of the Welfare and Institutions Code is amended to read:

17021.
 (a) Any individual who is not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 as a result of the 60-month 24-month limitation specified in subdivision (a) of Section 11454 shall not be eligible for aid or assistance under this part until all of the children of the individual on whose behalf aid was received, whether or not currently living in the home with the individual, are 18 years of age or older.
(b) Any individual who is receiving aid under Chapter 2 (commencing with Section 11200) of Part 3 on behalf of an eligible child, but who is either ineligible for aid or whose needs are not otherwise taken into account in determining the amount of aid to the family pursuant to Section 11450 due to the imposition of a sanction or penalty, shall not be eligible for aid or assistance under this part.
(c) This section shall not apply to health care benefits provided under this part.

SEC. 10.

 Sections 1 to 4, inclusive, 6, 8, and 9 shall become operative 90 days after the effective date of this act.
SECTION 1.Section 11320.15 of the Welfare and Institutions Code is amended to read:
11320.15.

After a participant has received aid for a total of 60 months, pursuant to Section 11454, he or she shall be removed from the assistance unit for the purposes of calculation of aid under Section 11450, and shall no longer be required to participate in welfare-to-work activities. Additional welfare-to-work services may be provided to the recipient, at the option of the county. If the county provides services to the recipient after the 60-month limit has been reached, the recipient shall participate in community service.