Today's Law As Amended


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AB-814 CalWORKs: eligibility: truancy.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 11253.5 of the Welfare and Institutions Code is amended to read:

11253.5.
 (a) All children 16 years of age or older  in an assistance unit for whom school attendance is compulsory, except individuals who are eligible for the Cal-Learn Program under Article 3.5 (commencing with Section 11331), for any period during which that article is operative, and children subject to a county school attendance project under Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6, shall be required to attend school pursuant to subdivision (f). school. 
(b) Applicants for and recipients of aid under this chapter shall be informed of the attendance requirement in subdivision (a) and it shall be included in the recipients’ welfare-to-work plan under Section 11325.21. contained in subdivision (a). 
(c) A recipient shall cooperate in providing the county with documentation routinely available from the school or school district of regular attendance of all children described in subdivision (a) in  in  the assistance unit who are required to attend school pursuant to subdivision (a)  when the county determines it is appropriate, unless there is good cause for the inability to secure that documentation. that documentation is necessary to determine eligibility for the CalWORKs program. 
(d) If it is determined by the county that any child in the assistance unit is not  who is required to attend school pursuant to subdivision (a) is not regularly  attending school as required by subdivision (a), the family may be informed of how to enroll the child in a continuation school within the county and may be screened to determine eligibility for family stabilization services pursuant to Section 11325.24 and in accordance with county policy and procedures. If applicable, the county shall document that the family was given this information and was screened for those services. The needs of a child in the assistance unit who is 16 years of age or older  required, or participating pursuant to a welfare-to-work plan, the needs of the child  shall not be considered in computing the grant of the family under Section 11450 for any month in which the county is informed by a school district or a county school attendance review board  unless it has been determined by the county that good cause exists. Before reducing the amount of aid to the family, the county shall document  that the child did not attend school pursuant to subdivision (f), unless at least one of the following conditions is present: has been offered a meaningful opportunity to be engaged in the creation of his or her welfare-to-work plan, including an age-appropriate assessment. Children not regularly attending school because they have graduated or because they have dropped out shall be encouraged to return to school or to pursue a welfare-to-work plan that includes enrolling in a program designed to assist individuals earn a high school diploma or its equivalent, a certificate or apprenticeship program, or an institution of higher education. 
(1) The county is provided with evidence that the child’s attendance records are not available.
(2) The county is provided with evidence that the child has been attending school.
(3) Good cause for school nonparticipation exists at any time during the month. A circumstance that shall constitute good cause includes, but is not limited to, the applicant or recipient is in a domestic violence situation that results in school nonparticipation or the failure to cooperate.
(4) Any member of the household is eligible to participate in family stabilization pursuant to Section 11325.24.
(5) (e)  The county is provided with evidence that the child, parent, or caregiver is complying with requirements imposed by a school attendance review board, the county probation department, or the district attorney pursuant to Section 48263 or 48263.5 of the Education Code. Counties may establish a program, apart from the Cal-Learn Program established pursuant to Article 3.5 (commencing with Section 11331), that provides an incentive to teenagers and young adults who receive benefits, or who are members of an assistance unit that receives benefits, under this chapter to earn a high school diploma or its equivalent. 
(6) A member of the household is cooperating with a plan developed by a county child welfare agency.
(e) A child whose needs have not been considered in computing the grant of the family pursuant to this section shall remain eligible for services that may lead to attendance in school.
(f) For the purposes of this section, a child shall be presumed to be attending school unless he or she has been deemed a chronic truant pursuant to Section 48263.6 of the Education Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, without taking regulatory action, this section by means of an all county letter or similar instruction, valid until January 1, 2015. The department shall, on or before January 1, 2015, adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government  Code.
(g) This section shall become operative on July 1, 2018.

SEC. 2.

 Section 11325.45 is added to the Welfare and Institutions Code, to read:

11325.45.
 When developing a recipient’s welfare-to-work plan under Section 11325.21, evaluating a recipient’s need for exemptions from welfare-to-work program requirements, and determining which supportive services, if any, a recipient may need in order to comply with a signed welfare-to-work plan, the county shall consider the recipient’s obligation to compel a child or the children in the assistance unit to attend school pursuant to Chapter 2 (commencing with Section 48200) of Part 27 of Division 4 of Title 2 of the Education Code and the related fiscal and penal consequences of failure to comply with that obligation.
SEC. 3.
 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.