Bill Text: CA AB310 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Department of State Hospitals: civil service psychiatrists.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2024-09-14 - Chaptered by Secretary of State - Chapter 231, Statutes of 2024. [AB310 Detail]

Download: California-2023-AB310-Amended.html

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 310

Introduced by Assembly Member Arambula

January 26, 2023

An act to amend Section 11200 of Sections 11205, 11207, 11209, 11250, 11253.5, 11270, 11320.1, 11320.3, 11320.15, 11321, 11322.6, 11322.7, 11323.2, 11325.2, 11325.21, 11325.23, 11325.24, 11325.8, 11327.4, 11327.5, 11327.9, and 11333.7, of, to amend the heading of Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of, to add Section 11320.01, to repeal Sections 11201, 11211, 11265.8, 11322.65, 11322.67, 11322.8, 11322.83, 11322.85, 11325.22, 11325.6, 11326, 11351.5, and 11353 of, and to repeal and add Section 11320.31 of, the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


AB 310, as amended, Arambula. CalWORKs.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law imposes various eligibility requirements for the CalWORKs program, including that a child is deprived of parental support or care, a child has received all age-appropriate immunizations, and specified applicants or recipients who are apparently eligible for unemployment insurance shall meet the conditions of eligibility for and accept any unemployment insurance benefits for which they are eligible.

This bill would make technical, nonsubstantive changes to the provision naming the CalWORKs program.

This bill would, among other things, repeal the parental deprivation and immunization requirements, and would instead only require that those specified applicants and recipients whom the county has evidence that they are eligible for unemployment insurance to apply for, but not meet the conditions of, unemployment insurance benefits. By expanding eligibility for the CalWORKs program, the bill would impose a state-mandated local program.
Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid, except if they are exempt or excused from participation for good cause. Existing law requires a participant to enter into a written welfare-to-work plan with the county, and specifies the work activities that may be included in a participant’s plan, including mental health, substance abuse, and domestic violence services that are necessary to obtain and retain employment. Existing law also requires participants to participate in job search activities for a period of up to 4 consecutive weeks, as specified.
This bill would, among other things, revise and recast the welfare-to-work program, by renaming it as the family assistance program, repealing the provision that makes participation in work activities a condition of eligibility for CalWORKs aid, and instead requiring that every recipient be provided with an opportunity to participate in family assistance activities. The bill would expand the list of work activities by including home visiting services and financial literacy classes and coaching that are necessary to obtain and retain employment or improve family or financial well-being, activities that develop and enhance workplace skills, and activities that build foundations for employment, as specified. The bill would repeal the job search requirements. The bill would require a county to provide the participant with a plan form within 60 days after the date that a participant’s eligibility for aid is determined or the date the participant chooses to participate in work activities wherein the recipient may select the activities and the number of hours they want to participate in, including any and all available support services. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, and conciliation efforts have failed, the individual is subject to a financial sanction that requires the family’s grant to be reduced by removing the noncomplying family member from the assistance unit. Existing law prohibits sanctions from being applied for a failure or refusal to comply with program requirements if, among other reasons, the employment, offer of employment, activity, or other training, or for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, among other things.
This bill would instead subject an individual to financial sanctions when they have refused to participate without good cause, and would define “refused” to mean the recipient is physically, mentally, or emotionally able to participate in work activities, but clearly demonstrates that they will not participate. The bill would require the county to reach out to the recipient to inform them of possible sanctions and to provide a notice of action if they continue to refuse to participate, as specified. The bill would change the sanction imposed to a reduction in the family’s grant by reducing the noncomplying family member’s portion of the grant by 1% until the sanctioned individual indicates that they are willing to participate in any work activity. The bill would instead prohibit sanctions from being applied for a refusal to participate in work activities when the recipient states that there are physical, mental, emotional, other family circumstances, or labor law bases that cause them to not participate, and would require the county to instead offer referrals to barrier-removing services. By increasing the duties of counties administering the CalWORKs program, the bill 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 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: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11201 of the Welfare and Institutions Code is repealed.
11201.

For the purposes of this chapter, the following shall apply:

(a)“Unemployed parent” means a natural or adoptive parent with whom the child is living.

(b)A child for whom a parent is applying for assistance under this chapter shall be considered to be deprived of parental support or care due to the unemployment of his or her parent or parents when the parent has worked less than 100 hours in the preceding four weeks and meets the requirements concerning an unemployed parent in effect on August 21, 1996, as set forth in Section 233.100 of Title 45 of the Code of Federal Regulations except for the provisions of subparagraph (i) to (v), inclusive, of paragraph (3) of subsection (a) of that section.

(c)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 provided the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance.

SEC. 2.

 Section 11205 of the Welfare and Institutions Code is amended to read:

11205.
 The Legislature finds and declares that the family unit is of fundamental importance to society in nurturing its members, passing on values, averting potential social problems, and providing the secure structure in which citizens live out their lives. Each family unit has the right and responsibility to provide for its own economic security by full participation in the work force to the extent possible. possible within their capabilities and desires. Each family has the right and responsibility to provide sufficient support and protection of its children, to raise them according to its values and to provide every opportunity for educational and social progress.

SEC. 3.

 Section 11207 of the Welfare and Institutions Code is amended to read:

11207.
 Every county shall grant aid to any child eligible therefor, in any an eligible child in the amount needed, but not to exceed the amount specified in Section 11450, and shall administer this chapter in such a manner as to achieve that achieves the greatest possible reduction of dependency and to promote the rehabilitation of recipients. At the time of application the county department shall discuss parental responsibility with the applicant. improvement in the family’s circumstances.

SEC. 4.

 Section 11209 of the Welfare and Institutions Code is amended to read:

11209.
 (a) The department shall make rules and regulations for the proper maintenance and care of needy children and for the administration of Aid to Families with Dependent Children. Such this chapter. Those rules and regulations shall be binding upon the institutions, county welfare departments human services agencies, and any public or private agency that is responsible for the placement and care of a child receiving AFDC-FC.

The

(b) The department may inquire at any time into the management of any institution or public or private agency receiving aid on behalf of children under their placement and care in accordance with the provisions of this chapter or into the management by any a county of Aid to Families with Dependent Children. this chapter.

If

(c) If an institution, public or private agency or a county fails to comply promptly with the provisions of this chapter and the rules and regulations of the department cannot be enforced in any other manner, the institution, public or private agency or county failing or refusing to comply with such those provisions, rules, and regulations, or to permit the inquiry provided for in this section, shall not thereafter receive aid under the provisions of this chapter until it has complied with all such those provisions, rules, and regulations and has permitted the inquiry by the department, if such that inquiry is demanded.

SEC. 5.

 Section 11211 of the Welfare and Institutions Code is repealed.
11211.

Rehabilitation or employment training or job placement made pursuant to any program of rehabilitation or job development and placement operated by a county welfare department or by any state agency shall not be considered completed, and the recipient shall be considered to remain unemployed, until such time as the recipient receives from his earnings an income equivalent to the amount of income which he and his family are entitled to receive pursuant to provisions of this chapter.

This section shall be operative only on a demonstration project basis in a single, urban county selected by the department, and only during such time as the Secretary of Health, Education and Welfare has waived compliance with Section 402 of the Social Security Act as permitted by Section 1115 of that act.

SEC. 6.

 Section 11250 of the Welfare and Institutions Code is amended to read:

11250.
 Aid, services, or both shall be granted under the provisions of this chapter, and subject to the regulations of the department, to families with related children under the age of 18 years, 18 years of age, except as provided in Section 11253, in need thereof because they have been deprived of parental support or care due to: 11253.

(a)The death, physical or mental incapacity, or incarceration of a parent.

(b)The unemployment of a parent or parents.

(c)Continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, except absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States. “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 11253.5 of the Welfare and Institutions Code is amended to read:
11253.5.

(a)All children in an assistance unit for whom school attendance is compulsory, except individuals who are eligible for the Cal-Learn Program under Article 3.5 (commencing with Section 11331), for any period during which that article is operative, and children subject to a county school attendance project under Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6, shall be required to attend school pursuant to subdivision (f).

(b)Applicants for and recipients of aid under this chapter shall be informed of the attendance requirement in subdivision (a) and it shall be included in the recipients’ welfare-to-work plan under Section 11325.21.

(c)A recipient shall cooperate in providing the county with documentation routinely available from the school or school district of regular attendance of all children described in subdivision (a) in the assistance unit when the county determines it is appropriate, unless there is good cause for the inability to secure that documentation.

(d)

11253.5.
 (a) If it is determined by the county that any a child in the assistance unit is not attending school as required by subdivision (a), school, the family may be informed of how to enroll the child in a continuation school within the county and may be screened to determine eligibility for family stabilization services pursuant to Section 11325.24 and in accordance with county policy and procedures. If applicable, the county shall document that the family was given this information and was screened for those services. The needs of a child in the assistance unit who is 16 years of age or older shall not be considered in computing the grant of the family under Section 11450 for any month in which the county is informed by a school district or a county school attendance review board that the child did not attend school pursuant to subdivision (f), unless at least one of the following conditions is present:

(1)The county is provided with evidence that the child’s attendance records are not available.

(2)The county is provided with evidence that the child has been attending school.

(3)Good cause for school nonparticipation exists at any time during the month. A circumstance that shall constitute good cause includes, but is not limited to, the applicant or recipient is in a domestic violence situation that results in school nonparticipation or the failure to cooperate.

(4)Any member of the household is eligible to participate in family stabilization pursuant to Section 11325.24.

(5)The county is provided with evidence that the child, parent, or caregiver is complying with requirements imposed by a school attendance review board, the county probation department, or the district attorney pursuant to Section 48263 or 48263.5 of the Education Code.

(6)A member of the household is cooperating with a plan developed by a county child welfare agency.

(e)

(b) A child whose needs have not been considered in computing the grant of the family pursuant to this section who is not attending school shall remain eligible for services that may lead to attendance in school.

(f)For the purposes of this section, a child shall be presumed to be attending school unless he or she has been deemed a chronic truant pursuant to Section 48263.6 of the Education Code.

(g)This section shall become operative on July 1, 2018.

SEC. 8.

 Section 11265.8 of the Welfare and Institutions Code is repealed.
11265.8.

(a)All applicants for aid under this chapter, within 30 days of the determination of eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000), and 45 days for applicants already eligible for benefits under Chapter 7 (commencing with Section 14000), and all recipients of aid under this chapter within 45 days of a full or financial redetermination of eligibility for aid under this chapter, shall provide documentation that all children in the assistance unit not required to be enrolled in school have received all age appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days. A circumstance that shall constitute good cause includes, but is not limited to, the applicant or recipient does not have reasonable access to immunization services due to a situation of domestic violence. If the documentation is not provided within the required time period, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section.

(b)At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following:

(1)The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians.

(2)A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate.

(3)A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant’s or recipient’s beliefs.

(c)This section shall become operative on July 1, 2018.

SEC. 9.

 Section 11270 of the Welfare and Institutions Code is amended to read:

11270.
 Applicants for and recipients of Aid to Families with Dependent Children aid under this chapter who are not exempt from registration under Section 11310 11320.3 and who are apparently for whom the county has evidence that they are eligible for unemployment insurance shall, as a condition of eligibility, apply for, meet all the conditions of eligibility for, and accept any for unemployment insurance benefits for which the Employment Development Department determines they are eligible. Upon determination that individuals registered under Section 11310 have failed to meet all the conditions of eligibility for unemployment insurance, the county shall make a good cause determination under standards established by the department. These standards shall be the same as those which govern the Work Incentive Program. Applicants and recipients who are exempt from work registration under Section 11310 and who are apparently eligible for unemployment insurance benefits shall, as a condition of eligibility, apply for and accept any unemployment insurance benefits for which the Employment Development Department determines they are eligible. The department shall establish by regulations the standards to determine apparent eligibility for unemployment insurance.

SEC. 10.

 The heading of Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, as amended by Section 59 of Chapter 270 of the Statutes of 1997, is amended to read:
Article  3.2. Welfare-to-Work Family Assistance Activities

SEC. 11.

 Section 11320.01 is added to the Welfare and Institutions Code, to read:

11320.01.
 To the extent that this chapter is inconsistent with federal regulations implementing the federal Deficit Reduction Act of 2005 (P.L. 109-171), the department may amend the funding structure for exempt families to ensure consistency with these regulations, not later than 30 days after providing written notification to the chair of the Joint Legislative Budget Committee and the chairs of the appropriate policy and fiscal committees of the Legislature.

SEC. 12.

 Section 11320.1 of the Welfare and Institutions Code is amended to read:

11320.1.
 Subsequent to the commencement of the receipt of aid under this chapter, the sequence of a recipient may participate in any of the employment-related activities required of recipients provided under this article, unless exempted under Section 11320.3, shall be as follows:
(a) Orientation and appraisal.Recipients shall, and applicants may, at the option of a county and with the consent of the applicant, receive orientation to the welfare-to-work family assistance program provided under this article and receive appraisal pursuant to Section 11325.2.
(b) (1) After orientation and appraisal, recipients shall participate in job search and job club pursuant to Section 11325.22, An applicant may participate in family stabilization pursuant to Section 11325.24, or housing search, substance abuse, mental health, or domestic violence services, unless the county determines that the recipient should first go to assessment pursuant to subdivision (c). services.
(2) A recipient who has not received his or her their high school diploma or its equivalent shall be offered a welfare-to-work the opportunity to have a family assistance plan pursuant to Section 11325.21 to participate in a high school education program or high school equivalency program, as described in Section 11325.3. If the recipient declines to participate in the educational activities described in this paragraph, and to instead participate in job club or job search activities as described in Section 11325.22, or other activities, if eligible, such as mental health or substance abuse services, as described in paragraph (1), the recipient shall make that election, in writing, on the welfare-to-work family assistance plan.
(c) Assessment.If employment is not found during the period provided for pursuant to subdivision (b), or at any time the county determines that participation in job search for the period specified in subdivision (a) of Section 11325.22 is not likely to lead to employment or that, based on information gathered during the appraisal, further information is needed to make an effective determination regarding the recipient’s next welfare-to-work activity, the recipient shall be referred to A recipient shall be offered an assessment, as provided for in Section 11325.4. Following assessment, the county and the recipient shall work collaboratively to develop a welfare-to-work family assistance plan, as specified in Section 11325.21. The plan shall specify the activities provided for in Section 11322.6 to which the recipient shall be assigned, has chosen to participate in, and the supportive services, as provided for pursuant to Section 11323.2, with which the recipient will be provided. A proposed plan shall be provided to the recipient that includes all eligible activities under this chapter. The recipient shall have the option of indicating which activity they opt to participate in and return the plan to the county in a self-addressed prepaid envelope.
(d) Work activities.A recipient who has signed a welfare-to-work plan pursuant to Section 11325.21 shall may participate in work activities, as described in this article.

SEC. 13.

 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 individual shall be provided with an opportunity to participate in welfare-to-work family assistance 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) in lieu of the welfare-to-work requirements, family assistance program, and subdivision (b) shall not apply to that individual.
(b) The following individuals shall not be required expected 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 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 not be required expected to participate for so long as the condition continues to exist.
(C) For purposes of subparagraph (B), 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 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 family assistance 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 family assistance 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 family assistance activities.
(6) A parent or other relative who meets the criteria in subparagraph (A) or (B).
(A) (i) The parent or other relative 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.
(ii) An individual that received an exemption pursuant to clause (i) 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.
(iii) In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered:
(I) The availability of childcare.
(II) Local labor market conditions.
(III) Other factors determined by the county.
(iv) 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 clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.
(B) In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(7) A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work family assistance activities.
(c) An individual not required expected 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. make participation expected.
(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 may 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 expected 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 family assistance activities. The county human services agency 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 human services agency 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. violence.
(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.

SEC. 14.

 Section 11320.15 of the Welfare and Institutions Code, as added by Section 44 of Chapter 11 of the Statutes of 2020, is amended to read:

11320.15.
 (a) After a participant has been removed from the assistance unit pursuant to subdivision (a) of Section 11454, additional welfare-to-work family assistance services may be provided to the recipient, at the option of the county. If the county provides services to the recipient after the 60-month limit has been reached, the recipient shall participate in community service or subsidized employment, as described in Section 11322.64.
(b) This section shall become operative on May 1, 2022, 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. 15.

 Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 588 of the Statutes of 2022, is repealed.
11320.31.

(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment including, but not limited to, the following reasons:

(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.

(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.

(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipient’s home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.

(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.

(5)The employment, offer of employment, or work activity does not provide for workers’ compensation insurance.

(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.

(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipient’s union membership.

(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).

(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, “abusive conduct” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.

(10)The recipient states that the recipient’s rights under the Wage Theft Prevention Act of 2011 were violated.

(11)The recipient states that the recipient’s rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.

(12)The recipient states that the recipient’s rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.

(13)The recipient states that the recipient’s rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.

(14)The recipient states that the recipient’s rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.

(15)The recipient states that the recipient’s rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.

(16)The recipient states that the recipient’s rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.

(17)The recipient states that the recipient’s rights under Section 432.6 of the Labor Code were violated.

(18)The recipient states that the recipient’s rights under Section 230 or 230.1 of the Labor Code were violated.

(19)The recipient states that the recipient’s rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.

(20)The recipient states that the recipient’s rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.

(21)The recipient states that the recipient’s rights under any federal, state, or local labor or employment law were violated.

(b)For purposes of subdivision (a), verification of the recipient’s statement is not required. The recipient need not reference any specific law in stating that their rights were violated.

(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.

(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicant’s or recipient’s statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers’ rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.

(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.

(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.

SEC. 16.

 Section 11320.31 of the Welfare and Institutions Code, as added by Section 4 of Chapter 588 of the Statutes of 2022, is repealed.
11320.31.

(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment including, but not limited to, the following reasons:

(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.

(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.

(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipient’s home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.

(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.

(5)The employment, offer of employment, or work activity does not provide for workers’ compensation insurance.

(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.

(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipient’s union membership.

(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).

(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, “abusive conduct” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.

(10)The recipient states that the recipient’s rights under the Wage Theft Prevention Act of 2011 were violated.

(11)The recipient states that the recipient’s rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.

(12)The recipient states that the recipient’s rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.

(13)The recipient states that the recipient’s rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.

(14)The recipient states that the recipient’s rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.

(15)The recipient states that the recipient’s rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.

(16)The recipient states that the recipient’s rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.

(17)The recipient states that the recipient’s rights under Section 432.6 of the Labor Code were violated.

(18)The recipient states that the recipient’s rights under Section 230 or 230.1 of the Labor Code were violated.

(19)The recipient states that the recipient’s rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.

(20)The recipient states that the recipient’s rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.

(21)The recipient states that the recipient’s rights under any federal, state, or local labor or employment law were violated.

(b)For purposes of subdivision (a), verification of the recipient’s statement is not required. The recipient need not reference any specific law in stating that their rights were violated.

(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.

(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicant’s or recipient’s statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers’ rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.

(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.

(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.

(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare Systems (SAWS) can perform the necessary automation to implement this section, whichever is later.

SEC. 17.

 Section 11320.31 is added to the Welfare and Institutions Code, to read:

11320.31.
 Sanctions shall not be applied for a refusal to participate in work activities when the recipient states that there are physical, mental, emotional, or other family circumstances, or labor law bases, that cause them to not participate, and the county shall instead offer, but not require, referrals to barrier-removing services.

SEC. 18.

 Section 11321 of the Welfare and Institutions Code is amended to read:

11321.
 (a) Notwithstanding any other law, sanctions shall not be applied for a grieving parent’s failure or refusal to comply with program requirements participate in work activities during the month in which a child in the assistance unit died, or the following month.
(b) Upon receiving notification of the death of a child in an assistance unit, the county shall do both of the following:
(1) Assist a grieving parent in accessing services for which the parent may be eligible. These services may include, but are not limited to, nutrition supplement programs, housing assistance, and other cash aid programs.
(2) Provide information to the grieving parent about mental health services, including, but not limited to, information about, and a referral to, services provided by the county human services agency, if appropriate.
(c) For the purposes of this section, “grieving parent” means an aided adult who is required expected to participate in welfare-to-work family assistance activities and who experiences the death of a child in his or her their assistance unit.

SEC. 19.

 Section 11322.6 of the Welfare and Institutions Code is amended to read:

11322.6.
 The welfare-to-work family assistance plan developed by the county welfare department human services agency and the participant pursuant to this article shall provide for welfare-to-work family assistance activities. Welfare-to-work activities A participating adult may meet program participation opportunities by selecting one or a combination of work, education, training, and other activities that address the family’s goals and well-being, and that may include, but are not limited to, any of the following:
(a) Unsubsidized employment.
(b) Subsidized private sector employment.
(c) Subsidized public sector employment.
(d) Work experience, which means public or private sector work that shall help helps provide basic job skills, enhance existing job skills in a position related to the participant’s experience, or provide a needed community service that will lead to employment. Unpaid work experience shall be limited to 12 months, unless the county welfare department human services agency and the recipient agree to extend this period by an amendment to the welfare-to-work family assistance plan. The county welfare department human services agency shall review the work experience assignment as appropriate and make revisions as necessary assignment, as appropriate, and make revisions, as necessary, to ensure that it continues to be consistent with the participant’s plan and effective in preparing the participant to attain employment.
(e) On-the-job training.
(f) (1) Grant-based on-the-job training, which means public or private sector employment or on-the-job training in which the recipient’s cash grant, or a portion thereof, or the aid grant savings resulting from employment, or both, is diverted to the employer as a wage subsidy to partially or wholly offset the payment of wages to the participant, so long as the total amount diverted does not exceed the family’s maximum aid payment.
(2) A county shall not assign a participant to grant-based on-the-job training unless and until the participant has voluntarily agreed to participate in grant-based on-the-job training by executing a voluntary agreement form, which shall be developed by the department. The agreement shall include, but not be limited to, information on the following:
(A) How job termination or another event will not result in loss of the recipient’s grant funds, pursuant to department regulations.
(B) (i) How to obtain the federal Earned Income Tax Credit (EITC), including the Advance EITC, and increased CalFresh benefits, which may become available due to increased earned income.
(ii) This subparagraph shall only become operative when and to the extent that the department determines that it reflects current federal law and Internal Revenue Service regulations.
(C) How these financial supports should increase the participant’s current income and how increasing earned income should increase the recipient’s future social security income.
(3) Grant-based on-the-job training shall include community service positions pursuant to Section 11322.9.
(4) Any portion of a wage from employment that is funded by the diversion of a recipient’s cash grant, or the grant savings from employment pursuant to this subdivision, or both, shall not be exempt under Section 11451.5 from the calculation of the income of the family for purposes of subdivision (a) of Section 11450.
(g) Supported work or transitional employment, which means forms of grant-based on-the-job training in which the recipient’s cash grant, or a portion thereof, or the aid grant savings from employment, is diverted to an intermediary service provider, to partially or wholly offset the payment of wages to the participant.
(h) Workstudy.
(i) Self-employment.
(j) Community service.
(k) Adult basic education, which shall include reading, writing, arithmetic, high school proficiency, or general educational development certificate of instruction, and English as a second language. Participants under this subdivision shall be referred to appropriate service providers that include, but are not limited to, educational programs operated by school districts or county offices of education that have contracted with the Superintendent of Public Instruction to provide services to participants pursuant to Section 33117.5 of the Education Code.
(l) Job skills training directly related to employment.
(m) Vocational education and training, including, but not limited to, college and community college education, adult education, regional occupational centers, and regional occupational programs.
(n) Job search and job readiness assistance, which means providing the recipient with training to learn job seeking and interviewing skills, to understand employer expectations, and learn skills designed to enhance an individual’s capacity to move toward self-sufficiency, including financial management education.

(o)Education directly related to employment.

(o) Education, which includes all of the following:
(1) Obtaining a high school diploma.
(2) Technical training and vocational education.
(3) Career-specific education.
(4) Postsecondary education leading to a degree or certificate.
(p) Satisfactory progress in secondary school or in a course of study leading to a certificate of general educational development, in the case of a recipient who has not completed secondary school or received such a certificate. The recipient shall be deemed to be making satisfactory progress if they are attending the activity and there has been proof of attendance.
(q) Mental health, substance abuse, home visiting, and domestic violence services, as described in Sections 11325.7 and 11325.8, Article 3.4 (commencing with Section 11330.6), and Article 7.5 (commencing with Section 11495), financial literacy classes and coaching, working with children’s health and school professionals, working with child welfare or on child welfare-related activities, and any other activities that are necessary to obtain and retain employment. employment or improve family or financial well-being.

(r)Other activities necessary to assist an individual in obtaining unsubsidized employment.

Assignment to an educational activity identified in subdivisions (k), (m), (o), and (p) is limited to those situations in which the education is needed to become employed.

(r) Activities that develop and enhance workplace skills, including, but not limited to, career-specific training programs, English language learning, literacy and mathematics skill courses, or credential programs.
(s) Activities that build foundations for employment, including, but not limited to, housing search efforts, arrangement of transportation, or arrangement of childcare.

SEC. 20.

 Section 11322.65 of the Welfare and Institutions Code is repealed.
11322.65.

(a)Unless otherwise specified in this chapter, assignment to any activity otherwise authorized under this article shall be limited in any county to the number or percentage of participants specified under Section 407 of the federal Social Security Act (42 U.S.C. Sec. 607) and subsequent amendments thereto, unless the recipient is concurrently participating in any activities that will count for the required number of hours of participation under federal law.

(b)Subdivision (a) shall not apply if the statewide percentage, as determined by the department, is less than the limits described in federal law.

SEC. 21.

 Section 11322.67 of the Welfare and Institutions Code is repealed.
11322.67.

(a)If a pregnant woman is required to participate in work under this article, she may satisfy the work participation requirements by participating in a voluntary maternal, infant, and early childhood home visiting program or another voluntary home visiting program for low-income Californians that is approved by the United States Department of Health and Human Services. The hours that the woman participates in the home visiting program shall be applied to the work participation hours required by Section 11322.8 for a period of no longer than 10 months.

(b)In accordance with Section 11329.2, this section shall be implemented only upon receipt of a waiver of compliance with Section 602 of Title 42 of the United States Code by the United States Department of Health and Human Services, for purposes of establishing more effective ways to meet the goals of CalWORKs, particularly helping parents successfully prepare for employment and supporting the health and well-being of children.

SEC. 22.

 Section 11322.7 of the Welfare and Institutions Code is amended to read:

11322.7.
 (a)Every county shall provide an adequate range of those activities described in Section 11322.6 to ensure each participant’s access to needed activities and services to assist him or her the participant in seeking employment, to provide education and training the participant needs to find self-supporting work, and to arrange for placement in paid or unpaid work settings that will enhance a participant’s ability to obtain unsubsidized employment. employment, and to enhance the family’s well-being.

(b)No plan shall require job search and work experience of participants to the exclusion of a range of activities to be offered to recipients.

SEC. 23.

 Section 11322.8 of the Welfare and Institutions Code, as amended by Section 46 of Chapter 11 of the Statutes of 2020, is repealed.
11322.8.

(a)An adult recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:

(1)An average of at least 30 hours per week, if the assistance unit includes either of the following, but does not include a child under six years of age:

(A)One adult.

(B)Two adults, one of whom is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(2)An average of at least 20 hours per week, if the assistance unit includes a child under six years of age and either of the following:

(A)One adult.

(B)Two adults, one of whom is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(3)An average of at least 20 hours per week, if the assistance unit consists only of a pregnant person.

(4)An average of at least 35 hours per week, if the adult recipient is an unemployed parent, as defined in Section 11201, except as provided in paragraphs (1) and (2). However, both parents in a two-parent assistance unit may contribute to the 35 hours.

(b)An adult recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:

(1)An average of at least 30 hours per week, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit consists of only a pregnant person, or includes one of the following but does not include a child under six years of age:

(A)One adult.

(B)Two adults, one of whom is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(2)An average of at least 20 hours per week, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit includes only one adult and a child under six years of age.

(3)An average of at least 35 hours per week, if the adult recipient is an unemployed parent, as defined in Section 11201, except as provided in paragraph (1) and subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.

(c)This section shall become inoperative on May 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11322.8, as added by the act that added this subdivision, whichever date is later, and, as of January 1 of the following year, is repealed.

SEC. 24.

 Section 11322.8 of the Welfare and Institutions Code, as added by Section 47 of Chapter 11 of the Statutes of 2020, is repealed.
11322.8.

(a)An adult recipient required to participate in welfare-to-work activities, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:

(1)An average of at least 30 hours per week, if the assistance unit includes either of the following, but does not include a child under six years of age:

(A)One adult.

(B)Two adults, one of whom is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(2)An average of at least 20 hours per week, if the assistance unit includes a child under six years of age and either of the following:

(A)One adult.

(B)Two adults, one of whom is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(3)An average of at least 20 hours per week, if the assistance unit consists only of a pregnant person.

(4)An average of at least 35 hours per week, if the adult recipient is an unemployed parent, as defined in Section 11201, except as provided in paragraphs (1) and (2). However, both parents in a two-parent assistance unit may contribute to the 35 hours.

(b)This section shall become operative on May 1, 2022, 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. 25.

 Section 11322.83 of the Welfare and Institutions Code is repealed.
11322.83.

(a)A recipient who is making satisfactory progress in a career pathway program established in accordance with the federal Workforce Innovation and Opportunity Act (Public Law 113-128) shall be deemed to be in compliance with the hourly participation requirements described in subdivision (a) of Section 11322.8.

(b)Subdivision (a) applies only if a local workforce development board established under Section 3122 of Title 29 of the United States Code provides its approval that the career pathway program meets the requirements of Section 3102(7) of Title 29 of the United States Code and the county verifies that the recipient is making satisfactory progress in that program.

SEC. 26.

 Section 11322.85 of the Welfare and Institutions Code is repealed.
11322.85.

(a)Unless otherwise exempt, an applicant or recipient shall participate in welfare-to-work activities.

(1)For 24 cumulative months during a recipient’s lifetime, these activities may include the activities listed in Section 11322.6 that are consistent with the assessment performed in accordance with Section 11325.4 and that are included in the individual’s welfare-to-work plan, as described in Section 11325.21, to meet the hours required in Section 11322.8. These 24 months need not be consecutive.

(2)Any month in which the recipient meets the requirements of Section 11322.8, through participation in an activity or activities described in paragraph (3), shall not count as a month of activities for purposes of the 24-month time limit described in paragraph (1).

(3)After a total of 24 months of participation in welfare-to-work activities pursuant to paragraph (1), an aided adult shall participate in one or more of the following welfare-to-work activities, in accordance with Section 607(c) and (d) of Title 42 of the United States Code as of the operative date of this section, that are consistent with the assessment performed in accordance with Section 11325.4, and included in the individual’s welfare-to-work plan, described in Section 11325.21:

(A)Unsubsidized employment.

(B)Subsidized private sector employment.

(C)Subsidized public sector employment.

(D)Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available.

(E)On-the-job training.

(F)Job search and job readiness assistance.

(G)Community service programs.

(H)Vocational educational training (not to exceed 12 months with respect to any individual).

(I)Job skills training directly related to employment.

(J)Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(K)Satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(L)The provision of childcare services to an individual who is participating in a community service program.

(b)Any month in which any of the following conditions exists shall not be counted as one of the 24 months of participation allowed under paragraph (1) of subdivision (a):

(1)The recipient is participating in job search in accordance with Section 11325.22, assessment pursuant to Section 11325.4, is in the process of appraisal as described in Section 11325.2, or is participating in the development of a welfare-to-work plan as described in Section 11325.21.

(2)The recipient is no longer receiving aid, pursuant to Sections 11327.4 and 11327.5.

(3)The recipient has been excused from participation for good cause, pursuant to Section 11320.3.

(4)The recipient is exempt from participation pursuant to subdivision (b) of Section 11320.3.

(5)The recipient is only required to participate in accordance with subdivision (d) of Section 11320.3.

(6)The recipient is participating in family stabilization pursuant to Section 11325.24, and the recipient would meet the criteria for good cause pursuant to Section 11320.3. This paragraph may apply to a recipient for no more than six cumulative months.

(c)County welfare departments shall provide each recipient who is subject to the requirements of paragraph (3) of subdivision (a) written notice describing the 24-month time limitation described in that paragraph and the process by which recipients may claim exemptions from, and extensions to, those requirements.

(d)The notice described in subdivision (c) shall be provided at the time the individual applies for aid, during the recipient’s annual redetermination, and at least once after the individual has participated for a total of 18 months, and prior to the end of the 21st month, that count toward the 24-month time limit.

(e)The notice described in this section shall include, but shall not be limited to, all of the following:

(1)The number of remaining months the adult recipient may be eligible to receive aid.

(2)The requirements that the recipient must meet in accordance with paragraph (3) of subdivision (a) and the action that the county will take if the adult recipient does not meet those requirements.

(3)The manner in which the recipient may dispute the number of months counted toward the 24-month time limit.

(4)The opportunity for the recipient to modify their welfare-to-work plan to meet the requirements of paragraph (3) of subdivision (a).

(5)The opportunity for an exemption to, or extension of, the 24-month time limitation.

(f)For an individual subject to the requirements of paragraph (3) of subdivision (a), who is not exempt or granted an extension, and who does not meet those requirements, the provisions of Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent consistent with the requirements of this section. For purposes of this section, the procedures referenced in this subdivision shall not be described as sanctions.

(g)(1)The department, in consultation with stakeholders, shall convene a workgroup to determine further details of the noticing and engagement requirements for the 24-month time limit, and shall instruct counties via an all-county letter, followed by regulations, no later than 18 months after the effective date of the act that added this section.

(2)The workgroup described in paragraph (1) may also make recommendations to refine or differentiate the procedures and due process requirements applicable to individuals as described in subdivision (f).

(h)(1)Notwithstanding paragraph (3) of subdivision (a) or any other law, an assistance unit that contains an eligible adult 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.)) prior to January 1, 2013, may continue in a welfare-to-work plan that meets the requirements of Section 11322.6 for a cumulative period of 24 months commencing January 1, 2013, unless or until the eligible adult exceeds the 48-month time limitation described in Section 11454.

(2)All months of assistance described in paragraph (1) prior to January 1, 2013, shall not be applied to the 24-month limitation described in paragraph (1) of subdivision (a).

(i)This section shall become inoperative on May 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the changes associated with the repeal of this section, whichever date is later, and, as of January 1 of the following year, is repealed.

SEC. 27.

 Section 11323.2 of the Welfare and Institutions Code is amended to read:

11323.2.
 (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 expected 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. If supportive services are unavailable for a work activity that the participant would engage in, the county shall not consider the participant to have refused to participate in any work activity. Supportive services shall be listed in the welfare-to-work family assistance plan or other agreement entered into between the county and participant pursuant to this article, supportive services shall include all of the following:
(1) Child care. Childcare.
(A) Paid child care childcare shall be available to every participant with a dependent child in the household who needs paid child care childcare if the child is 12 years of age or under, or requires child care childcare or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, human services agency, or who is under court supervision. A county welfare department human services agency may verify the need for child care 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 child care childcare pursuant to this section if the participant has indicated an intent to engage in a program activity or employment, but has not yet participated.
(B) First-stage child care, 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 child care 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 child care. childcare. This shall apply to every participant who indicates a need for child care childcare in order to engage in a program activity or employment. A participant may, at any time, indicate a new or increased need for child care childcare and the information shall be used, as applicable, to authorize child care childcare in accordance with this subparagraph or increase the family’s services.
(C) Necessary child care 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 child care childcare informing them that their eligibility for stage-two child care childcare will expire by the end of the 24th month following their last receipt of aid, and how to obtain stage-two child care 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 expected 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 child care childcare services, to document their commitment to participate, a participant shall sign a welfare-to-work family assistance 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 family assistance 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) Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department. including, but not limited to, costs for transportation of children if needed for the participant to participate in work activities. Mileage costs shall be determined based on the current standard mileage rate for transportation or travel expenses set by the United States Internal Revenue Service.
(4) Ancillary expenses, which shall include include, but not be limited to, the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.
(5) Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work family assistance 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) (1) The county shall review the availability of supportive services, and, in conjunction with the participant, determine which services are necessary to enable participation in the initial discussion of participation in work activities. The county shall inform the participant orally and in writing of the methods by which the participant may notify the county of changed needs for supportive services. The county shall provide information to the participant regarding supportive services on a regular basis, but not less than every six months. If the county does not have a personal contact with the participant during this time, the county shall send a reminder notice regarding the availability of supportive services to the participant by their preferred method of communication. The department shall develop the reminder notice in consultation with stakeholders.

(b)

(2) 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 family assistance 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.

SEC. 28.

 Section 11325.2 of the Welfare and Institutions Code is amended to read:

11325.2.
 (a) At the time a recipient enters the welfare-to-work family assistance program, the county shall offer to conduct an appraisal, pursuant to regulations adopted by the department, during which the recipient is informed of the requirement opportunity to participate in allowable welfare-to-work family assistance activities and of the provision of supportive services, pursuant to Section 11323.2. The appraisal shall gather and provide information about the recipient in the following areas:
(1) Employment history, interests, and skills.
(2) Educational history and learning disabilities.
(3) Housing status and stability.
(4) Language barriers.
(5) Physical and behavioral health, including, but not limited to, mental health and substance abuse issues.
(6) Child health and well-being.
(7) Criminal background that may present a barrier to employment or housing stability.
(8) Domestic violence.
(9) Need for supportive services as described in Section 11323.2.
(10) Other information that may affect an individual’s ability to participate in work activities.
(b) (1) The county shall utilize a standardized appraisal tool in order to assess strengths for and barriers to work activities. This tool shall be developed or selected by the department, in consultation with stakeholders, and shall be customized as needed for statewide use.
(2) Concurrent with the development of the standardized appraisal tool, mandatory training shall be developed for administration of the tool and shall, in addition, include skill-building components, including, at a minimum, rapport building and interviewing techniques.
(c) (1) If the results of the appraisal indicate that the individual may face barriers that impair his or her their ability to participate in work activities, the county shall refer the recipient for an evaluation and services as described in Section 11325.25, 11325.5, or 11325.8, or may refer the recipient to family stabilization pursuant to Section 11325.24.
(2) If information obtained from the appraisal indicates that the individual qualifies for an exemption from welfare-to-work requirements, family assistance opportunities, the county shall apply the exemption, pursuant to subdivision (b) of Section 11320.3.
(d) This section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.

(e)This section shall become operative on January 1, 2014.

SEC. 29.

 Section 11325.21 of the Welfare and Institutions Code, as added by Section 53 of Chapter 11 of the Statutes of 2020, is amended to read:

11325.21.
 (a) Any individual who is required chooses to participate in welfare-to-work family assistance activities pursuant to this article shall enter into a written welfare-to-work family assistance plan with the county welfare department human services agency after assessment, as required by subdivision (c) of Section 11320.1, but no more than 90 days after the date that a recipient’s eligibility for aid is determined or the date the recipient is required chooses to participate in welfare-to-work family assistance activities pursuant to Section 11320.3. The recipient and the county may enter into a welfare-to-work plan as late as 90 days after the completion of the job search activity, as defined in subdivision (b) of Section 11320.1, if the job search activity is initiated within 30 days after the recipient’s eligibility for aid is determined. The plan shall include the activities and services that will move the individual into employment. The county shall provide the recipient with a plan form within 60 days after the date that a recipient’s eligibility for aid is determined or the date the recipient chooses to participate in family assistance activities pursuant to Section 11320.3 wherein the recipient may select the activities and the number of hours they want to participate in, including any and all available support services. The recipient may opt to return the plan form to the county within 30 days.
(b) The county shall allow the participant three 30 working days after completion of the plan or subsequent amendments to the plan in which to evaluate and request changes to the terms of the plan.
(c) The plan shall be written in clear and understandable language, and have a simple and easy-to-read format.
(d) The plan shall contain at least all both of the following general information:
(1) A general description of the program provided for in this article, including available program components and supportive services.
(2) A general description of the rights, duties, and responsibilities of program participants, including a list of the exemptions from the required expected participation under this article, the consequences of a refusal to participate in program components, and criteria for successful completion of the program.

(3)A description of the grace period required in paragraph (5) of subdivision (b) of Section 11325.22.

(e) (1) The plan shall specify, and shall be amended to reflect changes in, the participant’s welfare-to-work family assistance activity, a description of services to be provided in accordance with Sections 11322.6 and 11322.8, Section 11322.6, as needed, and specific requirements for successful completion of assigned activities, including required suggested hours of participation.
(2) The plan shall also include a general description of supportive services pursuant to Section 11323.2 that are to be provided as necessary for the participant to complete assigned program activities.

(f)Any assignment to a program component shall be reflected in the plan or an amendment to the plan. The participant shall maintain satisfactory progress toward employment through the methods set forth in the plan, and the county shall provide the services pursuant to Section 11323.2.

(f) The county shall regularly review the plan with the participant to ensure that the plan accurately reflects the current services and participation activities best suited to support the participant’s well-being.
(g) This section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.
(h) This section shall become operative on May 1, 2022, 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. 30.

 Section 11325.22 of the Welfare and Institutions Code is repealed.
11325.22.

(a)(1)Following the appraisal required by Section 11325.2, all participants except those described in paragraph (4) of this subdivision or those who are participating in other activities or assessment pursuant to Section 11320.1, shall be assigned to participate for a period of up to four consecutive weeks in job search activities. These activities may include the use of job clubs to identify the participant’s qualifications. The county shall consider the skills and interests of the participants in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipient’s participation under this article.

(2)Nothing in this section shall require participation in job search activities, the schedule for which interferes with unsubsidized employment or participation pursuant to Section 11325.23.

(3)Job search activities may be required in excess of the limits specified in paragraph (1) on the basis of a review by the county of the recipient’s performance during job search to determine whether extending the job search period would result in unsubsidized employment.

(4)A person subject to Article 3.5 (commencing with Section 11331) or subdivision (d) of Section 11320.3 shall not be required, but may be permitted, to participate in job search activities as his or her first program assignment following appraisal upon earning a high school diploma or its equivalent, if she or he has not already taken the option to complete these activities as the first program assignment following appraisal.

(b)(1)Upon the completion of job search activities, or a determination that those activities are not required, the participant shall be assigned to one or more of the activities described in Section 11322.6 as needed to attain employment.

(2)(A)The assignment to one or more of the program activities as required in paragraph (1) of this subdivision shall be based on the welfare-to-work plan developed pursuant to an assessment as described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individual’s existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities.

(B)An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial.

(C)Notwithstanding subparagraphs (A) and (B), an assessment shall not be required to develop a welfare-to-work plan for a person who is participating in an approved self-initiated program pursuant to Section 11325.23 unless the county determines that an assessment is necessary to meet the hours specified in Section 11325.23.

(3)A participant who lacks basic literacy or mathematics skills, a high school diploma or general educational development certificate, or English language skills, shall be assigned to participate in adult basic education as described in subdivision (k) of Section 11322.6, as appropriate and necessary for removal of the individual’s barriers to employment.

(4)Participation in activities assigned pursuant to this section may be sequential or concurrent. The county may require concurrent participation in the assigned activities if it is appropriate to the participant’s abilities, consistent with the participant’s welfare-to-work plan, and the activities can be concurrently scheduled.

(5)The participant has 30 days from the beginning of the initial training or education assignment in which to request a change or reassignment to another component. The county shall grant the participant’s request for reassignment if another assignment is available that is consistent with the participant’s welfare-to-work plan and the county determines the other assignment will readily lead to employment. This grace period shall be available only once to each participant.

(c)Any assignment or change in assignment to a program activity pursuant to this section shall be included in the welfare-to-work plan, or an amendment to the plan, as required in Section 11325.21.

(d)A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326.

(e)The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5.

(f)Except as provided in paragraph (4) of subdivision (a), this section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.

(g)This section shall become operative on January 1, 2014.

SEC. 31.

 Section 11325.23 of the Welfare and Institutions Code is amended to read:

11325.23.
 (a) (1) Except as provided in paragraph (2), any A student who does not meet the requirements of Section 11322.84 at the time the student is required expected to participate under this article pursuant to Section 11320.3, and who is enrolled in any undergraduate degree or certificate program that leads to employment employment, may continue in that program if the student is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. program.

(2)Any individual who possesses a baccalaureate degree shall not be eligible to participate under this section unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.

(3)

(2) (A) Subject to the limitation provided in subdivision (f), a program shall be determined to lead to employment if it is on a list of programs that the county welfare department human services agency and local education agencies or providers agree lead to employment. The list shall be agreed to annually, with the first list completed no later than January 31, 1998. By January 1, 2000, all educational providers shall report data regarding programs on the list for the purposes of the report card established under former Section 15037.1 of the Unemployment Insurance Code for the programs to remain on the list.
(B) For students not in a program on the list prepared under subparagraph (A), the county shall determine if the program leads to employment. The recipient shall be allowed to continue in the program if the recipient demonstrates to the county that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work family assistance plan.
(C) If participation in educational or vocational training, as determined by the number of hours required for classroom, laboratory, study time provided for by an educational or training institution, or internship activities, is not at least 30 hours, or if subparagraph (B) of paragraph (1) of subdivision (a) of Section 11322.8 applies, 20 hours, the county shall require offer concurrent participation in work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 and Section 11325.22. 11322.6.
(b) Participation in the self-initiated education or vocational training program shall be reflected in the welfare-to-work family assistance plan required by Section 11325.21. The welfare-to-work family assistance plan shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the self-initiated program, the individual shall participate under this article in accordance with Section 11325.22. county shall offer the individual an opportunity to develop another family assistance plan that provides for other work activities.
(c) Any person whose previously approved self-initiated education or training program is interrupted for reasons that meet the good cause criteria specified in subdivision (f) of Section 11320.3 may resume participation in the same program if the participant maintained good standing in the program while participating or has addressed the barriers causing the interruption, and the self-initiated program continues to meet the approval criteria.
(d) Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. This reimbursement shall be provided if no other source of funding for those costs is available. Any offset to supportive services payments shall be made in accordance with subdivision (e) of Section 11323.4.
(e) Any student who, at the time the student is required expected to participate under this article pursuant to Section 11320.3, has been enrolled and is making satisfactory progress in a degree or certificate program, but does not meet the criteria set forth in subdivision (a), shall have until the beginning of the next educational semester or quarter break to continue the student’s educational program if the student continues to make satisfactory progress. At the time the educational break occurs, the individual is required expected to participate pursuant to Section 11320.1. A recipient not expected to complete the program by the next break may continue the student’s education, provided the student transfers at the end of the current quarter or semester to a program that qualifies under that subdivision, the county determines that participation is likely to lead to self-supporting employment of the recipient, and the welfare-to-work family assistance plan reflects that determination.
(f) Any degree, certificate, or vocational program offered by a private postsecondary training provider shall not be approved under this section unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of law.
(g) This section shall not apply to a CalWORKs eligible individual who is participating in an educational activity full time or part time at a publicly funded or nonprofit postsecondary educational institution in accordance with Section 11322.84 and receiving payments pursuant to Section 11323.21.

SEC. 32.

 Section 11325.24 of the Welfare and Institutions Code, as added by Section 55 of Chapter 11 of the Statutes of 2020, is amended to read:

11325.24.
 (a) If, in the course of appraisal pursuant to Section 11325.2 or at any point during an individual’s participation in welfare-to-work family assistance activities, it is determined that a recipient meets the criteria described in subdivision (b), the recipient is eligible to participate in family stabilization.
(b) (1) A recipient is eligible to participate in family stabilization if the county determines that the recipient’s family chooses to do so and the family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services. family.
(2) A situation or a crisis that is destabilizing the family in accordance with paragraph (1) may include, but shall not be limited to:
(A) Homelessness or imminent risk of homelessness.
(B) A lack of safety due to domestic violence.
(C) Untreated or undertreated behavioral needs, including mental health or substance abuse-related needs.
(c) Family stabilization shall include intensive case management and services designed to support the family in overcoming the situation or crisis, which may include, but are not limited to, welfare-to-work family assistance activities.
(d) Funds allocated for family stabilization in accordance with this section shall be in addition to, and independent of, the county allocations made pursuant to Section 15204.2.
(e) Funds allocated for family stabilization in accordance with this section, or the county allocations made pursuant to Section 15204.2, may shall be used to provide housing and other needed services to a family during any month that a family is participating in family stabilization.
(f) Each county shall submit to the department a plan, as defined by the department, regarding how it intends to implement the provisions of this section and shall report information to the department, including, but not limited to, the number of recipients served pursuant to this section, information regarding the services provided, outcomes for the families served, and any lack of availability of services. The department shall provide an update regarding this information to the Legislature during the 2014–15 budget process.
(g) It is the intent of the Legislature that family stabilization be a voluntary component intended to provide needed services and constructive interventions for parents and to assist in barrier removal for families facing very difficult needs. Participants in family stabilization are encouraged to participate, but the Legislature does not intend that parents be sanctioned as part of their experience in this program component. The Legislature further intends that recipients refusing or unable to follow their family stabilization plans without good cause be returned to the traditional welfare-to-work family assistance program.
(h) This section shall become operative on May 1, 2022, 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. 33.

 Section 11325.6 of the Welfare and Institutions Code is repealed.
11325.6.

Subject to the limitations of subdivision (f) of Section 11322.6 and subdivision (a) of Section 11325.22, if activities to be provided under the plan between the county welfare department and the participant are not immediately available to the participant, he or she shall receive job search activities until the education or training services designated in the plan are available.

SEC. 34.

 Section 11325.8 of the Welfare and Institutions Code is amended to read:

11325.8.
 (a) The county plan required by Section 10531 shall include a plan for the provision of substance abuse treatment services. The plan shall describe how the county human services agency and the county alcohol and drug program will collaborate to ensure an effective system is available to provide alcohol and drug services to recipients whose substance abuse creates a barrier to employment. The plan shall be developed in a manner that is consistent with the county’s welfare-to-work program. family assistance program with treatment services available to any family member while on aid who opts to receive these services. Substance abuse treatment services shall include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.
(b) It is the intent of the Legislature that substance abuse treatment services for participants shall be provided by the county alcohol and drug program, or by a nonprofit agency under contract with the county alcohol and drug program. If the county human services agency determines that the county alcohol and drug program is unable to provide the needed services, the county department may contract directly with a nonprofit state-licensed narcotic treatment program, residential facility, or certified nonresidential substance abuse program to obtain substance abuse services for a participant.

(c)(1)A participant who is in a job search component of the county’s welfare-to-work program may be directed at any time to an assessment by the job search manager if the county believes that the participant’s substance abuse may limit or preclude his or her satisfactory completion of the job search component.

(2)During the assessment, if the case manager believes that substance abuse will impair the ability of the participant to obtain and retain employment, the case manager shall refer the participant to the county alcohol and drug program for an evaluation and determination of any treatment necessary for the participant’s transition from welfare to work. If the county alcohol and drug program is unable to provide the necessary services, the county may refer the participant to a state-licensed or certified nonprofit agency under contract with the county to perform these services.

(3)If a participant is determined to have a substance abuse problem, based on an evaluation by the county alcohol and drug program or a nonprofit state-licensed narcotic treatment program, residential facility, or certified nonresidential substance abuse program, the case manager shall develop the participant’s welfare-to-work plan based on the results of that evaluation. In that case, the participant’s welfare-to-work plan may include appropriate treatment requirements, including assignment to a substance abuse program.

(4)A recipient of aid under this chapter shall be offered two opportunities to receive substance abuse treatment under subdivision (q) of Section 11322.6, except that the county may offer the recipient additional treatment opportunities.

(5)When a participant’s welfare-to-work plan includes assignment to a treatment program, a case manager may determine that the participant is out of compliance with that plan if, at any time, in consultation with the substance abuse treatment provider, the county determines that the participant has failed or refused to participate in a treatment program without good cause. The assigned treatment program shall be reasonably accessible within the county of residence or a nearby county.

(6)When a case manager determines that a participant in a treatment program as specified in his or her welfare-to-work plan is out of compliance with a program requirement other than participation in a required treatment program, the determination of whether the participant has good cause to be out of compliance shall include consideration of whether the participant’s substance abuse problem caused or substantially contributed to the failure to comply with the program requirements. In this determination, the county shall consult the substance abuse treatment provider as appropriate.

(d)A recipient may not participate in a substance abuse treatment program for longer than six months without concurrently participating in a work activity, to be determined by the county and the recipient, in consultation with the treatment provider. However, if the recipient is in a state-licensed residential facility or a certified nonresidential substance abuse program that requires him or her to stay at the program site for a minimum of three hours per day, three days per week, or otherwise not to participate in nonprogram activities, the requirements of the treatment program shall fulfill the recipient’s work activity requirement.

(e)

(c) Any funds appropriated by the Legislature for allocation to each county to eliminate barriers to employment due to participants’ substance abuse problems shall be allocated consistent with the formula used to distribute each county’s CalWORKs program allocation and shall be used to supplement, and not supplant, substance abuse treatment funds otherwise available to recipients. It is the intent of the Legislature that these funds be used to develop, expand, or develop and expand programs appropriate for CalWORKs program recipients. It is further the intent of the Legislature that, to the extent possible, these funds be used to maximize federal financial participation through Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).

(f)

(d) Each county shall report annually to the state the number of CalWORKs program recipients who receive substance abuse treatment and the extent to which the allocation is sufficient to meet the need for substance abuse services as determined by the county.

(g)This section shall become operative on July 1, 2018.

SEC. 35.

 Section 11326 of the Welfare and Institutions Code is repealed.
11326.

(a)The county shall conduct a reappraisal of any participant who does not obtain unsubsidized employment upon completion of all activities included in the welfare-to-work plan developed pursuant to Section 11325.4. The reappraisal shall evaluate whether there are extenuating circumstances as defined by the county that prevent the participant from obtaining employment within the local labor market area.

(b)Upon a determination that extenuating circumstances exist, the participant shall be assigned to additional activities in accordance with subdivision (b) of Section 11325.22 as the county determines to be appropriate and necessary.

(c)Upon a determination that no extenuating circumstances exist, and until this determination is reversed, the participant shall be limited to the activities in subdivisions (a), (d), (i), (l), and (q) of Section 11322.6. Participation in those activities shall be subject to the requirements of Section 11322.8.

SEC. 36.

 Section 11327.4 of the Welfare and Institutions Code is amended to read:
11327.4.

(a)(1)Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5.

(2)For the purposes of this article, the phrase “failed or refused to comply with program requirements” shall be limited to: failing or refusing to sign a welfare-to-work plan, participate or provide required proof of satisfactory progress in any assigned program activity, pursuant to this article, including self-initiated programs described in Section 11325.23 or accept employment; terminating employment; or reducing earnings.

(b)(1)Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following:

(A)Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation.

(B)Agree to a compliance plan to correct the failure or refusal to comply.

(2)

11327.4.
 (a) (1) Whenever an individual has refused to participate without good cause in any family assistance program component described in Section 11322.6 and refuses, without good cause, to participate in alternate work activities, the individual shall be subject to the sanctions specified in Section 11327.5.
(2) For the purposes of this article, the term “refused” means that the recipient is physically, mentally, and emotionally capable of participating in family assistance activities, but clearly demonstrates that they will not participate in any family assistance activity.
(b) (1) Upon determination that an individual has refused to participate in any work activity, the county shall reach out to the individual by their preferred method of communication to review the sanction that could be imposed and to determine if the individual still refuses to participate in any activity. If the individual continues to refuse to participate during this outreach, and does not begin participating within 30 days of the outreach, the county shall send a notice of action of proposed sanction, unless the county opts to make additional outreach attempts. The county shall document the outreach attempts.
(2) If the recipient continues to refuse to participate in any work activity after the county outreach attempts, the county shall issue a notice of action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual continues to refuse to participate in any work activity. The recipient may indicate a willingness to participate in person, by mail, email, or fax, or online.
(3) The county shall schedule a time during which each individual who has failed or refused to comply with program requirements opportunities has an opportunity to demonstrate that he or she they had good cause for that refusal or failure. refusal. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period.

(3)

(4) The written notice of action sent by the county shall do all of the following:

(A)Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements.

(B)Inform the individual of his or her right to assert good cause for his or her refusal or failure.

(C)Inform the individual of the date and time of the scheduled appointment.

(D)Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.

(E)Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county.

(F)Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period.

(G)Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.

(A) Inform the individual that the county found the recipient capable of participating in work activities, as described in paragraph (2) of subdivision (a).
(B) Provide the dates and manner in which the recipient refused to participate in any work activity.
(C) Inform the individual of their ability to assert that they are not capable of participating in work activities, as described in paragraph (2) of subdivision (a), assert good cause, request an exemption from work participation, or assert their willingness to participate prior to the effective date of the notice to avoid a sanction, and the means of doing so.
(D) Provide the general description of what it means to be capable of participating in work activities, as described in paragraph (2) of subdivision (a), and good cause and examples, and a list of available exemptions.

(H)

(E) Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process.

(I)Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment.

(c)If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, and, if a finding of no good cause is made, develop a compliance plan to correct the instance of nonparticipation.

(d)If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5.

(e)If the individual attends the appointment or contacts the county by phone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to the client.

(f)If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred.

(g)If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred.

(h)If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan, the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision.

(c) If the individual fails to communicate with the county during the 30-day notice period, and a review of the case records does not indicate any barrier to the individual’s participation, a sanction shall be imposed in accordance with Section 11327.5.
(d) If the individual communicates with the county during the 30-day notice period indicating an incapability for participation, asserts good cause, requests an exemption, or indicates a willingness to participate, the county shall rescind the notice of action issued pursuant to paragraph (2) of subdivision (b). The county shall complete any incapability, good cause, or exemption request, and if capable and expected to participate, review the individual’s participation choices.

SEC. 37.

 Section 11327.5 of the Welfare and Institutions Code is amended to read:

11327.5.
 (a) Sanctions shall be imposed in accordance with subdivision (b) or (c), as appropriate, if an individual has failed or refused to comply with program requirements without good cause and conciliation efforts, who is determined to be capable of participation has refused to participate, as described in Section 11327.4, have failed. 11327.4.
(b) The sanctions provided for in subdivisions (c) and (d) shall not apply to an individual who is exempt from the requirements opportunities of this article but is voluntarily participating in the program. If that individual engages in conduct that would bring about the actions provided for in subdivisions (c) and (d), except for his or her status as a voluntary program participant, the individual shall not be given priority so long as other individuals are actively seeking to participate.

(c)Financial sanctions for failing or refusing to comply with program requirements without good cause shall cause a reduction in the family’s grant by removing the noncomplying family member from the assistance unit for a period of time specified in subdivision (d).

(1)For families that qualify for aid due to unemployment of the family’s primary wage earner, the sanctioned parent shall be removed from the assistance unit. Unless the spouse or the family’s second parent meets the provisions of subparagraph (A) of paragraph (2), if the sanctioned parent’s spouse or the family’s second parent is not participating in the program, both the sanctioned parent and the spouse or second parent shall be removed from the assistance unit. The county shall notify the spouse of the noncomplying participant or second parent in writing at the commencement of conciliation of his or her own opportunity to participate and the impact on sanctions of that participation.

(2)(A)Except as provided in subparagraph (B), exemption criteria specified in Section 11320.3, conciliation specified in Section 11327.4, and good cause criteria specified in Section 11320.31 and subdivision (f) of Section 11320.3 shall apply to the sanctioned parent’s spouse or the family’s second parent.

(B)Exemption criteria specified in paragraphs (5) and (6) of subdivision (b) of Section 11320.3 do not apply to a spouse or second parent who is participating to avoid the sanction of the noncomplying parent.

(C)If the sanctioned parent’s spouse or the family’s second parent chooses to participate to avoid the noncomplying parent’s sanction, subsequently fails or refuses to participate without good cause, and does not conciliate, he or she shall be removed from the assistance unit for a period of time specified in subdivision (d).

(D)If the sanctioned parent’s spouse or the family’s second parent is under his or her own sanction at the time of the first parent’s sanction, the spouse or second parent shall not be provided the opportunity to avoid the first parent’s sanction until the spouse or second parent’s sanction is completed.

(c) (1) Financial sanctions for individuals capable of participating who refuse to participate in any work activities without good cause shall cause a reduction in the family’s grant by reducing the noncomplying family member’s portion of the grant by 1 percent until the sanctioned individual indicates that they are willing to participate in any work activity.
(2) If both parents are sanctioned, either parent may cure the sanction at any time. The sanction against the second parent shall end upon the other parent’s sanction.
(3) For families that qualify due to the absence or incapacity of a parent, only the noncomplying parent shall be removed from the assistance unit.
(4) If the noncomplying individual is the only dependent child in the family, his or her their needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.
(5) If the noncomplying individual is one of several dependent children in the family, his or her their needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.

(d)An instance of noncompliance without good cause shall result in a financial sanction. This sanction shall terminate at any point if the noncomplying participant performs the activity or activities he or she previously refused to perform.

(e)

(d) Sanctions shall become effective on the first day of the first payment-month that the sanctioned individual’s needs are removed from aid under this chapter.

(f)

(e) In the event this section conflicts with federal law, the department shall adopt regulations to conform to federal law.

SEC. 38.

 Section 11327.9 of the Welfare and Institutions Code is amended to read:

11327.9.
 In determining whether good cause exists for a refusal or failure to comply with program requirements, to participate in family assistance activities, the county shall take into consideration whether the participant has a mental disability attests to a mental condition or impairment or a need, including due to the participant experiencing extenuating circumstances, such as homelessness, food insecurity, and other circumstances, that require mental health services, that caused or substantially contributed to the refusal or failure to comply with program requirements. This determination shall be made, where appropriate, in consultation with the county mental health department. to participate in family assistance activities. If that attestation specifies that the participant was unable to obtain mental health services, the county shall offer any available services to the participant.

SEC. 39.

 Section 11333.7 of the Welfare and Institutions Code is amended to read:

11333.7.
 (a) Any participant required to participate pursuant to Section 11331.5 who maintains satisfactory progress in school shall, not more than four times in a calendar year, receive a one hundred dollar ($100) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid to the assistance unit of which the teenage parent is a member in the month following submission of the report card, if received by the county no later than the eleventh calendar day of the month, or in the second month following submission of the report card, if received by the county after the eleventh calendar day of the month.

(b)(1)Any participant required to participate pursuant to Section 11331.5 who fails to demonstrate that he or she has made adequate progress in school, either by failing to provide the report card or based on the grades on the report card, shall, not more than four times in a calendar year, be subject to a sanction that shall be a reduction of one hundred dollars ($100) of the amount that would otherwise be paid under Section 11450 apportioned equally over a two-month period.

(2)(A)Participants, including, but not limited to, those subject to sanctions, may seek to demonstrate good cause for lack of adequate progress. If there is good cause for lack of adequate progress the county shall either defer the participant from program participation, or waive all or part of the sanction, or both. Participants shall not otherwise be subject to conciliation under Section 11327.4 and sanctions under Section 11327.5, and shall be referred to case management services to determine the causes of poor school performance and how it can be improved.

(B)For the purposes of this section, failing to make adequate progress in school shall constitute good cause only when there is a condition or other circumstances that substantially deprive the participant of the ability to make adequate progress on the report card or periodic progress report.

(c)

(b) Any participant required to participate pursuant to Section 11333.5 who successfully completes high school or a California high school equivalency examination shall receive a five hundred dollar ($500) supplement. No assistance unit shall receive a one hundred dollar ($100) supplement when a five hundred dollar ($500) supplement for the same report card or progress report is paid. The five hundred dollar ($500) supplement shall be paid to the teenage parent in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month.

(d)The sanction specified in subdivision (b) shall be applied only once per report card, not to exceed fifty dollars ($50) in any single month, and shall be applied to the amount of aid paid to the assistance unit of which the teenage parent is a member pursuant to Section 11450. The participant shall submit a copy of the report card to the case manager within 10 working days of receipt of the report card.

(e)

(c) (1) For purposes of this section, in schools that provide periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale where A equals 4.0 points and F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale.
(2) For the purposes of this section, in schools or other educational programs that do not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the school’s regular assessment of periodic progress.

(f)In cases where a participant is subject to a sanction pursuant to subdivision (b), case managers shall do all of the following:

(1)Fully inform teenage parents of the consequences of continuing to fail to comply with the program.

(2)Make reasonable efforts to reach teenage parents who they believe are in danger of continuing to fail to make satisfactory or adequate progress or not to attend school.

(3)Make reasonable efforts to secure a face-to-face meeting with a teenage parent before initiating a sanction.

(g)

(d) If a teenage parent fails or refuses to comply with program requirements without good cause, the case manager shall again inform the client of the consequences of not participating in the program, and shall provide the teenage parent with the telephone number and address of the local welfare rights organization or legal aid society, should he or she need if the teenage parent needs further assistance.

SEC. 40.

 Section 11351.5 of the Welfare and Institutions Code is repealed.
11351.5.

Whenever an unrelated adult male resides with a family applying for or receiving aid under this chapter, he shall be required to make a financial contribution to the family which shall not be less than it would cost him to provide himself with an independent living arrangement.

The minimum financial contribution to the family shall be determined in accordance with standards established by the department which takes into account such adult male person’s income and expenses. The regulations formulated by the department shall require the mother of the children and the unrelated male to present all of the facts in connection with the sharing of expenses which comprise the agreement whereby said adult male resides with the family. The conditions of the agreement and the facts related to the sharing of the family expenses shall be signed under penalty of perjury by both the mother of the child and the unrelated male. In the event that either the mother or the adult male person willfully and knowingly fails to cooperate during the period such joint sharing of expenses arrangement exists in setting forth all of the facts in accordance with provisions of this section, aid to the family may be discontinued.

The provisions of this section do not apply to a bona fide paying lodger, roomer or boarder living in the home of a family applying for or receiving aid under this chapter.

SEC. 41.

 Section 11353 of the Welfare and Institutions Code is repealed.
11353.

Any parent whose absence is the basis upon which an application is filed for aid in behalf of a child shall complete and return to the county within 15 days after service pursuant to Section 11476 a written statement of his current monthly income, his total income over the past 12 months, a description of all real and personal property owned by him, together with an estimate of its value, the number of dependents for whom he is providing support, the amount he is contributing regularly, toward the support of all children for whom application for aid is made under this chapter, his social security number, his current monthly living expenses and such other information as is pertinent to determining his ability to support his children.

A violation of this section constitutes a misdemeanor.

SEC. 42.

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

SEC. 43.

 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.
SECTION 1.Section 11200 of the Welfare and Institutions Code is amended to read:
11200.

This chapter shall be known, and may be cited, as the California Work Opportunity and Responsibility to Kids Act and may also be cited as the CalWORKs program.

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