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SB-1341 CalWORKs.(2019-2020)

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Date Published: 09/02/2020 04:00 AM
SB1341:v94#DOCUMENT

Enrolled  September 01, 2020
Passed  IN  Senate  August 29, 2020
Passed  IN  Assembly  August 26, 2020
Amended  IN  Assembly  August 24, 2020
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 of the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


SB 1341, 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 requires that the parent or parents 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 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.
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. 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.

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

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.