Bill Text: CA AB1502 | 2013-2014 | Regular Session | Amended
Bill Title: CalWORKs: Family Unity Act of 2015.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1502 Detail]
Download: California-2013-AB1502-Amended.html
BILL NUMBER: AB 1502 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JUNE 2, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN ASSEMBLY APRIL 3, 2014
INTRODUCED BY Assembly Member Mullin
JANUARY 13, 2014
An act to amend Sections 11320.3 and
Section 11401 of, to add Section 11250.2 to, and to repeal and
add Sections 11201 and 11250 of, the Welfare and Institutions Code,
relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1502, as amended, Mullin. CalWORKs: Family Unity Act of 2015.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families block grant program,
state, and county funds. Existing law requires that aid be granted to
families with related children a family with
a related child under 18 years of age who have
has been deprived of parental support or care
due to the unemployment, continued absence, death, incapacity, or
incarceration of a parent. Existing law also provides, however, that
a family receiving aid under this chapter with a child who is
considered to be deprived of parental support or care due to
unemployment may continue to receive assistance regardless of the
number of hours his or her parent works, if the family does not
exceed the applicable gross or net income limits and is otherwise
eligible for assistance.
This bill would instead require that aid be granted to a family
with a related child who is under 18 years of age if the family meets
applicable eligibility requirements, without regard to the
employment status of the parent. The bill would also specify that the
absence of a parent is not a condition of eligibility to receive
CalWORKs benefits. To the extent that the bill would expand
eligibility for the CalWORKs program, which is administered by
counties, the bill would impose a state-mandated local program.
As part of the CalWORKs program, recipients, unless specifically
exempted, are required to participate in welfare-to-work activities.
Existing law exempts from these welfare-to-work requirements a
nonparent caretaker relative who has primary responsibility for
providing care for a child who is a dependent or ward of the juvenile
court or is at risk of entering foster care, if 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.
This bill would expand that exemption to apply to a nonparent
caretaker relative who has primary responsibility for providing care
for a child who is not his or her biological or adoptive child, if
the caretaker relative is not also receiving aid for a biological or
adopted child. The bill would also exempt a nonparent caretaker
relative who is receiving aid for a biological or adoptive child if
he or she is caring for a child who is a dependent or ward of the
court or who is at risk of placement in foster care. The bill would
also delete obsolete provisions and make other technical and
conforming changes.
This bill would require the department to issue an all-county
letter or similar instructions by July 1, 2015, and to adopt
regulations to implement the provisions of the bill by July 1, 2017.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
CalWORKs Family Unity Act of 2015.
SEC. 2. Section 11201 of the Welfare and Institutions Code is
repealed.
SEC. 3. Section 11201 is added to the Welfare and Institutions
Code, to read:
11201. For purposes of this chapter, "parent" means a natural or
adoptive parent with whom an eligible child is living.
SEC. 4. Section 11250 of the Welfare and Institutions Code is
repealed.
SEC. 5. Section 11250 is added to the Welfare and Institutions
Code, to read:
11250. (a) Aid, services, or both shall be granted under this
chapter, and subject to the regulations of the department, to
families with related children under 18 years of age, except as
provided in Section 11253, in need thereof, if the family meets the
eligibility requirements specified in this chapter.
(b) Notwithstanding any other law, the absence of a parent, as
defined in Section 11250.2, is not a condition of eligibility to
receive benefits under this chapter.
SEC. 6. Section 11250.2 is added to the Welfare and Institutions
Code, to read:
11250.2. For purposes of this chapter, "absence of a parent"
means the continued absence of a parent from the home due to divorce,
separation, desertion, or any other reason. A continued absence
exists when the nature of the absence is such as either to interrupt
or to terminate the parent's functioning as a provider of
maintenance, physical care, or guidance for the child, and the known
or indefinite duration of the absence precludes counting on the
parent's performance of the function of planning for the present
support or care of the child. If these conditions exist, the parent
may be absent for any reason, and may have left only recently or some
time previously.
SEC. 7. 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
in welfare-to-work 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 he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her 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, if
the individual is actively seeking appropriate medical treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who meets either of the
following conditions:
(A) He or she has primary responsibility for providing care for a
child who is not his or her biological or adoptive child, if the
caretaker relative is not also receiving aid for a biological or
adopted child.
(B) He or she is caring for a child who is a dependent or ward of
the court or who is at risk of placement in foster care, if the
caretaker relative is receiving aid for a biological or adoptive
child.
(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 six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
(B) An individual who received an exemption pursuant to
subparagraph (A) shall be exempt for a period of 12 weeks, upon the
birth or adoption of any subsequent children, except that this period
may be extended on a case-by-case basis to six months, based on
criteria developed by the county.
(C) In making the determination to extend the period of exception
under subparagraph (A) or (B), the following may be considered:
(i) The availability of child care.
(ii) Local labor market conditions.
(iii) Other factors determined by the county.
(D) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for under
this subparagraph shall be available in addition to any other
exemption provided for under this paragraph. An individual may be
exempt only once under this subparagraph.
(E) In a family eligible for aid under this chapter, the exemption
criteria contained in subparagraphs (A) to (D), inclusive, shall be
applied to only one parent.
(7) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate. If
a pregnant woman is unable to secure this medical verification, but
is otherwise eligible for an exemption from welfare-to-work
requirements under this section, including good cause for temporary
illness related to the pregnancy, she shall be exempt from
participation.
(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 his or her 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), (7), or (8) 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 an 18 or 19 year old custodial parent 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 his or her family.
(3) Licensed or license-exempt child care 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 child care have broken down or have been
interrupted, or child care 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 child
care 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 child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
(g) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because he or she is
a parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).
(4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program (Part
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
SEC. 8. SEC. 7. Section 11401 of the
Welfare and Institutions Code is amended to read:
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent who meets the
conditions of any of the following subdivisions:
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602, or, on
or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court pursuant to Section 450.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (u) of Section 11400, under the placement and care
responsibility of the county child welfare services department, an
Indian tribe that entered into an agreement pursuant to Section
10553.1, or the county probation department, or the child is a
nonminor dependent reentering foster care placement pursuant to a
voluntary agreement, as set forth in subdivision (z) of Section
11400.
(f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (h).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, or
the child is a nonminor dependent who satisfies the removal criteria
in Section 472(a)(2)(A)(i) of the federal Social Security Act (42
U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care
responsibility of the placing agency by signing the voluntary reentry
agreement, as set forth in subdivision (z) of Section 11400, and any
of the following applies:
(i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602
or, on or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court, pursuant to Section 450.
(iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(iv) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
(B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
(C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
(D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied. With respect to a former nonminor dependent who reenters
foster care placement by signing the voluntary reentry agreement, as
set forth in subdivision (z) of Section 11400, the requirements for
AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United
States Code are satisfied based on the nonminor's status as a
child-only case, without regard to the parents, legal guardians, or
others in the assistance unit in the home from which the nonminor was
originally removed.
(h) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
(2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 450, 601, or 602 and is
receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
SEC. 9. SEC. 8. (a) 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 shall implement this
act through an all-county letter or similar instructions from the
director no later than July 1, 2015.
(b) The department shall adopt regulations as necessary to
implement this act no later than July 1, 2017.
SEC. 10. SEC. 9. No appropriation
pursuant to Section 15200 of the Welfare and Institutions Code shall
be made for purposes of implementing this act.
SEC. 11. SEC. 10. 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.
