Bill Text


Bill PDF |Add To My Favorites | print page

AB-1728 CalWORKs: welfare-to-work: exemptions.(2021-2022)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 05/19/2022 09:00 PM
AB1728:v97#DOCUMENT

Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  March 29, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1728

Introduced by Assembly Members Robert Rivas and Blanca Rubio

January 31, 2022

An act to amend Sections 11320.3 and 11454.5 of the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


AB 1728, as amended, Robert Rivas. CalWORKs: welfare-to-work: exemptions.
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. Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, except for specified persons, including a parent or other relative who has primary responsibility for personally providing care to a child 6 months of age or under, except that the period may be reduced to the first 12 weeks after birth or adoption or increased to the first 12 months after birth or adoption. Existing law authorizes an individual to be exempted only once pursuant to that exemption, and requires a 12-week exemption for any subsequent children, except as specified. Existing law also exempts a parent or other caretaker relative who has primary responsibility for personally providing care to one child from birth to 23 months and authorizes an individual to be exempted pursuant to this provision once. Existing law authorizes an individual not required to participate in welfare-to-work activities to participate voluntarily if the individual’s status has not changed in a way that would require participation.
This bill would, among other things, expand the exemption for a parent or other relative providing care to a child by instead exempting parents and other relatives who have primary responsibility for personally providing care to a child 3 2 years of age or younger, for up to 36 24 cumulative months for the same child or for a combination of that child and subsequent children. For a 2-parent family, the bill would authorize only one parent to claim that exemption and would authorize the parents to notify the county of the parent claiming the exemption. The bill would require the State Department of Social Services to develop a method for counties to allocate the exemption period between parents if parents do not notify the county which parent is claiming the exemption. The bill would also exempt, for up to 4 months, a recipient who is disabled by pregnancy, childbirth, or a related medical condition, as specified, and would require the county to extend the period if there is a statement from the recipient’s health care provider that the recipient needs more time. By expanding eligibility for CalWORKs, this bill would impose a state-mandated local program.
The bill would require that an individual who is exempt from participating in welfare-to-work activities pursuant to the above-described exemptions be provided a notice of action informing the individual that, among other things, they are exempt from participation and they have the right to voluntarily participate in a welfare-to-work activity of their choice. The bill would require that notice of action to be accompanied by a specified form relating to voluntary participation. The bill would require a voluntary participant’s welfare-to-work plan to be deemed adopted if the county fails to act on the plan within 30 days of receiving it. By increasing county duties relating to the administration of the CalWORKs program, the bill would impose a state-mandated local program.
The bill would authorize the department to implement these provisions by all-county letter or similar instruction and would require the all-county letter or similar instruction to be issued no later than April 1, 2023.
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 these provisions.
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 11320.3 of the Welfare and Institutions Code is amended to read:

11320.3.
 (a) (1) Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.
(2) Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) during the time that article is operative, in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.
(b) The following individuals shall not be required to participate for so long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) (A) A child attending an elementary, secondary, vocational, or technical school on a full-time basis.
(B) A person who is 16 or 17 years of age, or a person described in subdivision (d) who loses this exemption, shall not requalify for the exemption by attending school as a required activity under this article.
(C) Notwithstanding subparagraph (B), a person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall also not be required to participate for so long as the condition continues to exist.
(D) For purposes of subparagraph (C), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the person’s parent, acting on the person’s behalf, submits a written statement expressing the person’s intent to enroll in such a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.
(3) An individual who meets either of the following conditions:
(A) The individual is disabled as determined by a doctor’s verification that the disability is expected to last at least 30 days and that it significantly impairs the recipient’s ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relative’s ability to be regularly employed or to participate in welfare-to-work activities.
(5) An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipient’s ability to be regularly employed or to participate in welfare-to-work activities.
(6) (A) A parent or other relative who has primary responsibility for personally providing care to a child three two years of age or younger. The parent or other relative shall be exempt from welfare-to-work activities pursuant to this subparagraph for up to 36 24 cumulative months, whether for the same child or for a combination of that child and subsequent children.
(B) For a two-parent family, only one parent may claim the exemption described in subparagraph (A). The parents may notify the county of the parent claiming the exemption and may request that the other parent claim the exemption at any time. The State Department of Social Services shall develop a method for counties to allocate the exemption period between parents if parents do not notify the county which parent is claiming the exemption.
(7) A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.
(8) A recipient who is disabled by pregnancy, childbirth, or a related medical condition, as described in Section 12945 of the Government Code and as defined in subdivisions (d) and (f) of Section 11035 of Title 2 of the California Code of Regulations. The recipient may provide a corresponding statement from their health care provider. The recipient shall be exempt for up to four months. The county shall extend this period if there is a statement from the recipient’s health care provider that the recipient needs more time. The Legislature finds that it is vital to the long-term health of the pregnant person that they be given the space and time to heal fully.
(c) Any individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individual’s status has not changed in a way that would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt or whose only basis for exemption is paragraph (1), (2), (5), (6), or (7), of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(2) Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.
(e) Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.
(f) A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient’s ability to be regularly employed or to participate in welfare-to-work activities. The county welfare department shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county welfare department and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:
(1) Lack of necessary supportive services.
(2) In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.
(3) Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individual’s hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, “reasonable availability” means childcare that is commonly available in the recipient’s community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.
(g) Any individual who is not required to participate in welfare-to-work activities pursuant to paragraph (6) or (8) of subdivision (b) shall be provided a notice of action informing the individual that they are exempt and the basis of their exemption, that the individual has a right to voluntarily participate in a welfare-to-work activity of their choice, and the name, address, and telephone number of a local legal aid office and the statewide welfare rights office. The notice of action shall be accompanied by a form to indicate a desire to voluntarily participate, a welfare-to-work plan template, and instructions that direct the individual to complete the template, including the activity that the individual wants to participate in and the supportive services the individual needs to participate, if they want to voluntarily participate in welfare-to-work activities. The plan shall be deemed adopted if the county fails to act on the plan within 30 days of the county receiving the plan.

SEC. 2.

 Section 11454.5 of the Welfare and Institutions Code is amended to read:

11454.5.
 (a) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454:
(1) The recipient is exempt from participation under Article 3.2 (commencing with Section 11320) due to disability, or advanced age in accordance with paragraph (3) of subdivision (b) of Section 11320.3, or due to caretaking responsibilities that impair the recipient’s ability to be regularly employed, in accordance with paragraph (5) of subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt from, the Cal-Learn Program provided for pursuant to Article 3.5 (commencing with Section 11331), for any period during which the Cal-Learn Program is operative, is participating in another teen parent program approved by the department, or is a nonminor dependent under the supervision of the county welfare or probation department who is placed in an approved relative’s home and is eligible for aid under this section because the recipient satisfies the conditions described in Section 11403.
(3) The cost of the cash aid provided to the recipient for the month is fully reimbursed by child support, whether collected in that month or any subsequent month.
(4) The family is a former recipient of cash aid under this chapter and currently receives only childcare, case management, or supportive services pursuant to Section 11323.2 or former Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.
(5) To the extent provided by federal law, the recipient lived in Indian country, as defined by federal law, or an Alaskan native village in which at least 50 percent of the adults living in the Indian country or in the village are not employed.
(6) The recipient received CalWORKs for any month between August 1, 2009, and January 1, 2015, and was either exempt from participation under paragraph (7) of subdivision (b) of Section 11320.3, or was exempt from participation and was not reengaged in accordance with subdivision (h) of Section 11320.3, as that section read on June 30, 2020.
(7) The recipient is exempt, for up to 36 24 cumulative months, from participating in welfare-to-work activities because the recipient has primary responsibility for personally providing care to a child three two years of age or younger, pursuant to subparagraph (A) of paragraph (6) of subdivision (b) of Section 11320.3.
(b) In cases where a lump-sum diversion payment is provided in lieu of cash aid under Section 11266.5, the month in which the payment is made or the months calculated pursuant to subdivision (f) of Section 11266.5 shall count against the limits specified in Section 11454.

SEC. 3.

 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 this act through an all-county letter or similar instruction from the director. The all-county letter or similar instruction shall be issued no later than April 1, 2023.

SEC. 4.

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

SEC. 5.

 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.