Today's Law As Amended


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SB-380 CalWORKs: child support.(2017-2018)



As Amends the Law Today
As Amends the Law on Nov 27, 2017


SECTION 1.

 Section 11008.14 of the Welfare and Institutions Code is amended to read:

11008.14.
 (a) The income of the natural or adoptive parent, and  the spouse of the natural or adoptive parent, and the sibling of an eligible child unless the sibling is not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17,  child,  living in the same home with an eligible child shall be considered available, in addition to the income of an applicant for or recipient of aid under Chapter 2 (commencing with Section 11200), for purposes of eligibility determination and grant computation. Except as otherwise provided in this section, in the case of a parent or legal guardian of a minor who is also the parent of an eligible child, the income of the parent or guardian shall be considered available to the minor parent and eligible child to the same extent that income to a stepparent is considered available to an assistance unit. Income through child support for a child not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17 shall not be considered available to any member of the assistance unit. 
(b) This section shall be applied to all applicants for, and recipients of, aid provided through the CalWORKs program  Aid to Families with Dependent Children provided  under Chapter 2 (commencing with Section 11200), except that income of a guardian of an applicant for, or recipient of, foster care benefits provided under Article 5 (commencing with Section 11400) of Chapter 2 shall not be considered available to the ward or to a child of the ward for the purpose of eligibility determination and grant computation under Article 5 (commencing with Section 11400) of Chapter 2. This section shall be applied regardless of whether federal financial participation is available for the family.
(c) This section shall become operative inoperative  on November 1, 2018. 2018, and, as of January 1, 2019, is repealed. 

SEC. 2.

 Section 11008.14 is added to the Welfare and Institutions Code, to read:

11008.14.
 (a) The income of the natural or adoptive parent, the spouse of the natural or adoptive parent, and the sibling of an eligible child unless the sibling is not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17, living in the same home with an eligible child shall be considered available, in addition to the income of an applicant for or recipient of aid under Chapter 2 (commencing with Section 11200), for purposes of eligibility determination and grant computation. Except as otherwise provided in this section, in the case of a parent or legal guardian of a minor who is also the parent of an eligible child, the income of the parent or guardian shall be considered available to the minor parent and eligible child to the same extent that income to a stepparent is considered available to an assistance unit. Income through child support for a child not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17 shall not be considered available to any member of the assistance unit.
(b) This section shall be applied to all applicants for, and recipients of, aid provided through the CalWORKs program under Chapter 2 (commencing with Section 11200), except that income of a guardian of an applicant for, or recipient of, foster care benefits provided under Article 5 (commencing with Section 11400) of Chapter 2 shall not be considered available to the ward or to a child of the ward for the purpose of eligibility determination and grant computation under Article 5 (commencing with Section 11400) of Chapter 2. This section shall be applied regardless of whether federal financial participation is available for the family.
(c) This section shall become operative on November 1, 2018.

SEC. 3.

 Section 11450.17 is added to the Welfare and Institutions Code, to read:

11450.17.
 (a) (1) For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450 and for no other purpose, the number of needy persons in the same family shall not include a stepsibling or a half-sibling, as defined in subdivision (d).
(2) One hundred percent of any child support payment received for a child described in subdivision (d) shall be paid to the assistance unit. Any child support payment received for that child shall not be considered as income to the family for the purpose of calculating the amount of aid for which the family is eligible under this article.
(b) Each county welfare department shall notify applicants for assistance under this chapter, in writing, of the provisions of this section. The county welfare department shall also provide the notification to recipients of aid under this chapter, in writing, at the time of redetermination, or sooner.
(c) Both the department and the Department of Child Support Services shall each seek all appropriate federal waivers for the implementation of this section as necessary. If federal waivers are deemed necessary, this section shall be implemented only if federal waivers are granted.
(d) For purposes of this section, “stepsibling” or “half-sibling” means a child who meets all of the following conditions:
(1) He or she lives with at least one eligible child.
(2) He or she is a child for whom child support payments are received.
(3) The monthly child support payments received for the child are greater than the monthly amount of aid that the child would receive under Section 11450.
(4) The parent or caretaker relative for the assistance unit has requested in writing that the child not be included in the number of needy persons used to calculate the maximum aid payment.
(e) The designation of whether or not a child is a stepsibling or half-sibling, as defined in subdivision (d), shall only be made or reevaluated at the same time as the annual redetermination of eligibility and the processing of the semiannual report, except when it has been determined by the county that good cause exists for the designation to be made at a different time when the parent or caretaker relative voluntarily reports mid-period pursuant to Section 11265.3 or 11265.47 that the child support payment or payments have decreased or ended.
(f) This section shall become operative on November 1, 2018.
SEC. 4.
 (a) 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 State Department of Social Services may implement and administer this act through all-county letters or similar instructions until regulations are adopted. The department shall adopt emergency regulations implementing these provisions no later than November 1, 2020. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, emergency regulations previously adopted under this section.
(b) The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
SEC. 5.
 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing 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.