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SB-1341 CalWORKs.(2019-2020)

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Date Published: 07/09/2020 09:00 PM
SB1341:v96#DOCUMENT

Amended  IN  Assembly  July 27, 2020
Amended  IN  Senate  June 18, 2020
Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1341


Introduced by Senator Hurtado

February 21, 2020


An act to amend Section 11203 Sections 11203 and 11265.2 of the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


SB 1341, as amended, Hurtado. CalWORKs.
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 existing law, when the federal government provides funds for the care of a needy relative with whom a needy child is living, aid to the child for any month includes aid to meet the need of that relative, if CalWORKs payments are made with respect to the child for that month, except as prescribed. Existing law provides requires that the parent or parents shall be considered living with the needy child for a period of up to 180 consecutive days of the needy child’s absence from the family assistance unit, and provide provides that the parents are eligible for CalWORKs services, but not for the payment of aid, if certain conditions are met, including that the child has been removed from the parents and placed in out-of-home care, and that the county has determined that the provision of services is necessary for family reunification. Under existing law, if a county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, the county is required to discontinue aid to the child at the end of the month of placement.
This bill would instead provide that those eligible parents are eligible for the payment of aid, subject to an appropriation by the Legislature for this purpose. The bill would also provide an exception to the elimination of CalWORKs payments for a child who has been placed in a foster care home, if the above-described conditions are met. The bill would also make technical and conforming changes. Because the bill would increase the administrative duties of counties, it 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 the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11203 of the Welfare and Institutions Code is amended to read:

11203.
 (a) During those times as the federal government provides funds for the care of a needy relative with whom a needy child or needy children are living, aid to the child or children for any month includes aid to meet the needs of that relative, if money payments are made with respect to the child or children for that month, and if the relative is not receiving aid under Chapter 3 (commencing with Section 12000) or 5.1 (commencing with Section 13000) of this part or Part A of Title XVI of the Social Security Act for that month. Needy relatives under this chapter include only natural or adoptive parents, the spouse of a natural or adoptive parent, and other needy caretaker relatives.
(b) The parent or parents shall be considered living with the needy child or needy children for a period of up to 180 consecutive days of the needy child’s or children’s absence from the family assistance unit, and the parent or parents shall be eligible for aid payments under Section 11450 and services provided under this chapter, including services funded under Sections 15204.2 and 15204.8, if all of the following conditions are met:
(1) The child has been removed from the parent or parents and placed in out-of-home care.
(2) When the child was removed from the parent or parents, the family was receiving aid under this section.
(3) The county has determined that the provision of aid payments under Section 11450 and the provision of services under this chapter, including services funded under Sections 15204.2 and 15204.8, is necessary for reunification.
(c) The department shall revise its state Temporary Assistance for Needy Families plan to incorporate the provisions of subdivision (b) and to incorporate the good cause exception provisions authorized by paragraph (10) of subsection (a) of Section 608 of Title 42 of the United States Code with respect to cases in which reunification occurs after 180 consecutive days from the date of the removal of the child or children from the home.
(d) The changes made by the act adding this subdivision shall become operative only if funds are appropriated in the annual Budget Act or another statute for this purpose.

SEC. 2.

 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 semiannual reporting period shall be prospectively determined as provided by this section. If a recipient reports that he or she the recipient does not anticipate any changes in income during the upcoming semiannual period, compared to the income the recipient reported actually receiving on the semiannual report form or the annual certificate of eligibility required pursuant to Section 11265, the grant shall be calculated using the actual income received. If a recipient reports that he or she the recipient anticipates a change in income in one or more months of the upcoming semiannual period, 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 for the upcoming semiannual period.
(b) For the purposes of the semiannual 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 semiannual 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 his or her the recipient’s income in the upcoming semiannual period will be different each month and the county needs additional information to determine a recipient’s reasonably anticipated income for the following semiannual period, the county may require the recipient to provide information about income for each month of the prior semiannual period.
(d) Grant calculations pursuant to subdivision (a) may not be revised to adjust the grant amount during the semiannual reporting period, except as provided in Section 11265.3 and subdivisions (e), (f), (g), and (h), and as otherwise established by the department.
(e) (1) Notwithstanding subdivision (d), statutes and regulations relating to (1) the 48-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 those statutes and regulations. Eligibility all of the following shall be applicable as provided in those statutes and regulations:
(A) The 48-month time limit.
(B) Age limitations for children under Section 11253.
(C) Sanctions and financial penalties affecting eligibility or grant amount.
(2) Eligibility and grant amount shall be adjusted during the semiannual reporting period pursuant to those 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. placement, unless the provisions of subdivision (b) of Section 11203 are met. 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 with timely and adequate notice. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.
(i) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.

SEC. 2.SEC. 3.

 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.

SEC. 3.SEC. 4.

 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.