Today's Law As Amended


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AB-492 CalWORKs: welfare-to-work: supportive services.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 11323.2 of the Welfare and Institutions Code is amended to read:

11323.2.
 (a) Necessary supportive services shall be offered and  available to every participant to enable them to  in order to  participate in a the  program activity or  to accept or maintain employment. Necessary supportive services shall also be offered and available to every individual who is not required to participate, but chooses to participate voluntarily, to allow them to participate in a program activity  which he or she is assigned  or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services  employment or the participant  shall have good cause for not participating under subdivision (f) of Section 11320.3. Supportive services shall be listed  As provided  in the welfare-to-work plan or other agreement  entered into between the county and participant pursuant to this article, supportive services shall include all of the following:
(1) Child care.
(A) Paid child care shall be available to every participant with a dependent child in the household  assistance unit  who needs paid child care if the child is 12 10  years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, or who is under court supervision. A county welfare department may verify the need for child care or supervision for a child over 12 years of age from an individualized education plan or a statement from a qualified professional that the child is a child with exceptional needs, as defined in Section 10213.5. A sanctioned participant shall have access to child care pursuant to this section if the participant has indicated an intent to engage in a program activity or employment, but has not yet participated. 
(B) First-stage child care, as described in Chapter 21 (commencing with Section 10370) of Part 1.8, shall be full time, unless the participant determines that part-time care better meets the family’s needs. Upon establishing initial or ongoing eligibility for first-stage child care services under this chapter, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than 12 months, or until the participant is transferred to the second stage of child care. This shall apply to every participant who indicates a need for child care in order to engage in a program activity or employment. A participant may, at any time, indicate a new or increased need for child care and the information shall be used, as applicable, to authorize child care in accordance with this subparagraph or increase the family’s services. To the extent funds are available, paid child care shall be available to a participant with a dependent child in the assistance unit who needs paid child care if the child is 11 or 12 years of age. 
(C) Necessary child care services shall be available to every former recipient for up to two years, pursuant to Chapter 21 Article 15.5  (commencing with Section 10370) of Part 1.8. Beginning January 1, 2021, or the date that automation changes occur, as required for implementation, in the Statewide Automated Welfare System, whichever date is later, in the 18th month following the date of last receipt of aid, the county shall send a notice, via mail to the last known address, text message, or email, to a former recipient who is not currently receiving second or third stage child care informing them that their eligibility for stage-two child care will expire by the end of the 24th month following their last receipt of aid, and how to obtain stage-two child care services. The department shall issue an all-county letter or similar directive by November 1, 2019, to implement this subparagraph, until regulations are adopted. 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. 
(D) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), seq.)  or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.), or a child who is not a member of the assistance unit but for whom the recipient is responsible for providing support,  seq.)  shall be deemed to be a dependent child for the purposes of this paragraph.
(E) The provision of care and payment rates under this paragraph shall be governed by Chapter 21 Article 15.5  (commencing with Section 10370) of Part 1.8.  8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.  Parent fees shall be governed by Sections 10271 and 10291. subdivisions (g) and (h) of Section 8263 of the Education Code. 
(F) (2)  For purposes of subparagraphs (A) and (B), a participant includes an individual who is not required to participate, and expresses an intent to participate voluntarily, or a sanctioned participant who indicates an intent to engage in any program activity, as defined in subdivision (c), or employment. After securing child care services, to document their commitment to participate, a participant shall sign a welfare-to-work plan or a curing plan, whichever is appropriate, or other agreement that may be developed and approved for use on a statewide basis by the department. Commencing October 1, 2020, a diaper benefit in the amount of fifty dollars ($50) per month for diapers for every child two years of age or younger enrolled in child care pursuant to paragraph (1). The diaper benefit may be used by the participant only to purchase diapers. 
(2) Diaper costs.
(A) On and after April 1, 2018, a participant who is participating in a welfare-to-work plan shall be eligible for thirty dollars ($30) per month to assist with diaper costs for each child who is under 36 months of age. October 1, 2020, the diaper benefit shall be issued to participants through an electronic benefits transfer system. 
(B) The department shall adopt regulations by January 1, 2020, to implement this paragraph. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall implement this paragraph through all-county letters until regulations are adopted. diaper benefit shall not be considered income for purposes of determining eligibility or benefits under this chapter. 
(3) Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department.
(4) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.
(5) Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling and related supportive services,  or therapy  to help the participant and the participant’s  him or her and his or her  family adjust to the participant’s  his or her  job or training assignment.
(b) If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment.
(c) For the purposes of paragraph (1) of subdivision (a), “program activity” includes, but is not limited to, any welfare-to-work activity, orientation, appraisal, assessment, job search, job club, domestic violence services, court appearances, housing searches and classes, homeless support programs, shelter participation requirements, eviction proceedings, mental health services, including therapy or personal counseling, home visiting, drug and substance abuse services, parenting classes, and medical or education-related appointments for the participant or their dependents.

SEC. 2.

 Section 11323.22 is added to the Welfare and Institutions Code, to read:

11323.22.
 The benefit described in paragraph (2) of subdivision (a) of Section 11323.2 may be implemented through a contract or subcontract, including extensions of that contract or subcontract, that results from a request for proposal or bid that occurred prior to the effective date of the act that adds this section, but not if implementation would violate the specific terms of the contract or the Agreement on Government Procurement of the World Trade Organization.
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.