Bill Text: CA SB260 | 2023-2024 | Regular Session | Amended
Bill Title: CalWORKs: aid payments.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed) 2023-09-01 - September 1 hearing: Held in committee and under submission. [SB260 Detail]
Download: California-2023-SB260-Amended.html
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
March 13, 2023 |
Amended
IN
Senate
March 06, 2023 |
Introduced by Senator Menjivar (Coauthors: Senators (Coauthors: Assembly Members Aguiar-Curry, Bonta, Calderon, Stephanie Nguyen, Ortega, Reyes, |
January 30, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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 generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law requires that necessary supportive services be available to participants in welfare-to-work activities, including childcare, diaper and transportation costs, and ancillary expenses, including tools and clothing specifically required for the job, to enable them to participate in a program activity or to accept or maintain employment.
This bill would include menstrual product costs as a necessary supportive service, and, on and after April 1, 2025, would make a member of an authorized assistance unit who is between 10 and 55 years of age, inclusive, eligible for $20 per month to
assist with menstrual product costs for a person who is menstruating. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. The bill would require the department to adopt regulations by January 1, 2025, to implement the provisions regarding menstrual product costs, and would require the department to implement those provisions through all-county letters until regulations are adopted.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11450 of the Welfare and Institutions Code, as amended by Section 2 of Chapter 715 of the Statutes of 2022, is amended to read:11450.
(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):Number of eligible needy persons in the same home | Maximum aid |
---|---|
1
........................
| $ 326 |
2
........................
| 535 |
3
........................
| 663 |
4
........................
| 788 |
5
........................
| 899 |
6
........................
| 1,010 |
7
........................
| 1,109 |
8
........................
| 1,209 |
9
........................
| 1,306 |
10 or more
........................
| 1,403 |
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
SEC. 2.
Section 11450 of the Welfare and Institutions Code, as added by Section 3 of Chapter 715 of the Statutes of 2022, is amended to read:11450.
(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):Number of eligible needy persons in the same home | Maximum aid |
---|---|
1
........................
| $ 326 |
2
........................
| 535 |
3
........................
| 663 |
4
........................
| 788 |
5
........................
| 899 |
6
........................
| 1,010 |
7
........................
| 1,109 |
8
........................
| 1,209 |
9
........................
| 1,306 |
10 or more
........................
| 1,403 |
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
SEC. 3.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.SEC. 4.
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.(a)Necessary supportive services shall be offered and available to every participant to enable them to participate in a 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 or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services shall have good cause for not participating under subdivision (f) of Section 11320.3. Supportive services shall be listed in the welfare-to-work plan or other agreement entered into between the county and participant pursuant to this
article,
and supportive services shall include all of the following:
(1)Childcare.
(A)Paid childcare shall be available to every participant with a dependent child in the household who needs paid childcare if the child is 12 years of age or under, or requires childcare 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 childcare 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 childcare pursuant
to this section if the participant has indicated intent to engage in a program activity or employment, but has not yet participated.
(B)First-stage childcare, 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 childcare 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 childcare. This shall apply to every participant who indicates a need for childcare in order to engage in a program activity or employment. A participant may, at any time, indicate a new or increased need for childcare and the
information shall be used, as applicable, to authorize childcare in accordance with this subparagraph or increase the family’s services.
(C)Necessary childcare services shall be available to every former recipient for up to two years, pursuant to Chapter 21 (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 childcare informing them that their eligibility for stage-two childcare will expire by the end of the 24th month following their last receipt of aid,
and how to obtain stage-two childcare services. The department shall issue an all-county letter or similar directive by November 1, 2019, to implement this subparagraph, until regulations are adopted.
(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.), 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, 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 (commencing with Section 10370) of Part 1.8. Parent fees shall be governed by Sections 10271 and 10291.
(F)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 childcare 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.
(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.
(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.
(3)Menstrual product costs.
(A)On and after April 1, 2025, a member of an authorized assistance unit who is between 10
and 55 years of age, inclusive, shall be eligible for twenty dollars ($20) per month to assist with the necessary menstrual product costs for a person who is menstruating.
(B)The department shall adopt regulations by January 1, 2025, 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.
(4)Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department.
(5)Ancillary expenses,
which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.
(6)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, to help the participant and the participant’s family adjust to the participant’s 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.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
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.