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SB-365 CalWORKs: immediate childcare assistance.(2019-2020)

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Date Published: 09/12/2019 09:00 PM
SB365:v95#DOCUMENT

Enrolled  September 12, 2019
Passed  IN  Senate  September 10, 2019
Passed  IN  Assembly  September 09, 2019
Amended  IN  Assembly  September 03, 2019
Amended  IN  Senate  April 10, 2019
Amended  IN  Senate  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 365


Introduced by Senator Durazo
(Coauthor: Assembly Member Mathis)

February 20, 2019


An act to add Section 11266.1 to the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


SB 365, Durazo. CalWORKs: immediate childcare assistance.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for an immediate assistance payment of $200 or the maximum amount for which an applicant is eligible, whichever is less, if a county determines at the time of application that the applicant is apparently eligible for CalWORKs aid, and the applicant needs immediate assistance because the family’s total available liquid resources are less than $100 and there is an emergency situation, as specified.
Existing law requires the State Department of Social Services to establish and continuously update a trustline registry of persons who provide childcare, supervision, or in-home educational or counseling services who are not required to be licensed and who have either not been convicted of a crime other than a minor traffic violation or who have been granted an exemption by the department.
This bill would, commencing on July 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation for this purpose, whichever date is later, additionally require a county to provide an applicant with immediate childcare assistance for their child, as specified, if the county determines at the time of application that the applicant is apparently eligible for CalWORKs aid, and (1) the applicant has verification of a job or a job offer and needs childcare assistance in order to maintain or obtain employment or (2) the applicant needs childcare assistance in order to attend an educational or training activity. If an applicant chooses childcare services that are exempt from licensure and require trustline registration, the bill would require the county to issue childcare payments only after the provider has become a registered trustline provider. By imposing additional duties on counties, this bill would impose a state-mandated local program. The bill would authorize the department to implement the bill’s provisions through an all-county letter or similar instruction until final regulations are adopted. The bill would require the final regulations to be adopted no later than 24 months after the release of the all-county letter or similar instruction.
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 11266.1 is added to the Welfare and Institutions Code, to read:

11266.1.
 (a) (1) At the time of application, the county shall determine whether the applicant needs immediate childcare assistance, and whether the applicant is apparently eligible for aid under this chapter.
(2) The county shall determine that the applicant needs immediate childcare assistance if either of the following circumstances exist:
(A) The applicant has verification of a job or a job offer and needs childcare assistance for their child in order to maintain or obtain employment.
(B) The applicant needs childcare assistance for their child in order to attend an educational or training activity, as described Section 11322.6.
(3) Apparent eligibility exists if evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified.
(b) (1) If an applicant needs immediate childcare assistance and is apparently eligible for aid, as specified in subdivision (a), the county shall provide the applicant with immediate childcare assistance starting on the date of the application, but no later than the next working day. The county shall verify the applicant’s eligibility for aid within 15 working days of the date that immediate childcare assistance is requested. The childcare assistance shall be provided to the applicant for as long as the participant remains eligible for aid.
(2) If an applicant chooses childcare services that are exempt from licensure and require trustline registration, the county or contracted payment agency shall issue childcare payments only after the provider has become a registered trustline childcare provider pursuant to Chapter 3.35 (commenting with Section 1596.60) of Division 2 of the Health and Safety Code.
(c) This section shall become operative on July 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

SEC. 2.

 Notwithstanding 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 this act through all-county letters or similar instructions until final regulations are adopted. The department shall adopt regulations implementing this act no later than 24 months after the release of the all-county letter or similar instruction.

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.