Bill Text: CA SB252 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: CalWORKs: welfare-to-work requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State. Chapter 563, Statutes of 2013. [SB252 Detail]

Download: California-2013-SB252-Amended.html

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BILL NUMBER: SB 252	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Liu

                        FEBRUARY 12, 2013

   An act to  add Article 6 (commencing with Section 123630)
to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code,
and to  amend Section 11320.3 of, and to add 
Section   Sections  11210.5  and 11322.67 
to, the Welfare and Institutions Code, relating to social services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 252, as amended, Liu. Social services: CalWORKs  and
paid family leave.   and unemployment and disability
benefits   .  
   Existing law requires the State Department of Public Health to
establish various programs for the support of maternal and child
health.  
   This bill would require the department to investigate and apply
for all federal funding opportunities, including opportunities to
draw down federal matching funds, to maximize the availability of
public health or federal Health and Human Services Agency approved
voluntary home visiting programs for low-income Californians.

   Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. As part of the CalWORKs program,
participants, unless specifically exempted, are required to
participate in welfare-to-work activities. Existing law exempts from
the welfare-to-work  provisions   requirements
 a woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities.
   This bill would  exempt from the welfare-to-work
provisions of CalWORKs a woman who is pregnant and for whom that the
pregnancy impairs her ability to be regularly employed or participate
in welfare-to-work activities and   authorize  a
pregnant woman  who is   to satisfy
welfare-to-work participation requirements, as specified, by 
participating in a  voluntary  maternal, infant, and early
childhood home visiting program or another home visiting program for
low-income Californians that is approved by the  federal
Health and Human Services Agency   United States
Department of Health and Human Services, subject to the receipt of a
federal waiver, as provided  . The bill would  also
 require the State Department of Social Services to work
with the Employment Development Department to ensure that each
applicant and recipient of CalWORKs is provided with information
about paid family leave  , unemployment insurance, and pregnancy
disability leave benefits  , and would require the
Employment Development Department to make certain training and
information regarding paid family leave available to employees of the
State Department of Social Services and county human services
agencies. The bill would make a related statement of legislative
intent  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Article 6 (commencing with Section
123630) is added to Chapter 2 of Part 2 of Division 106 of the Health
and Safety Code, to read:

      Article 6.  Early Child Home Visiting Programs


   123630.  The State Department of Public Health shall investigate
and apply for all federal funding opportunities, including
opportunities to draw down federal matching funds, to maximize the
availability of public health or federal Health and Human Services
Agency approved voluntary early child home visiting programs for
low-income Californians. 
   SECTION 1.    It is the intent of the Legislature to
improve coordination among programs administered by the Employment
Development Department and the State Department of Social Services
for working parents and pregnant women. The Legislature intends that
this will not only improve the birth outcomes and academic
achievement of California's children, but will also reduce dependence
on public assistance by helping parents to be successful in securing
and retaining employment after the birth of a child. 
  SEC. 2.  Section 11210.5 is added to the Welfare and Institutions
Code, to read:
   11210.5.   (a)    For the purposes of 
increasing receipt of paid family leave benefits to eligible
households and  reducing the need for  CalWORKs
  aid provided under this chapter to pregnant women and
caregivers who need to take time away from work to care for
themselves or a sick family member or have recently lost employment
 , the State Department of Social Services shall work with the
Employment Development Department's Disability Insurance Branch to
ensure that each applicant and recipient of aid under this chapter is
provided with information about paid family leave  ,
unemployment insurance, and pregnancy disability leave 
benefits. 
   (b) The Employment Development Department shall permit employees
of the State Department of Social Services and county human services
agencies to participate in the training and informational sessions
regarding paid family leave offered by the Employment Development
Department and shall make training materials and information
available to them for use with applicants or recipients of aid under
this chapter. 
  SEC. 3.  Section 11320.3 of the Welfare and Institutions Code is
amended to read:
   11320.3.  (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
   (2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
   (b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
   (1) An individual under 16 years of age.
   (2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
   (B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
   (C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age who has obtained a high school diploma or its equivalent
and is enrolled or is planning to enroll in a postsecondary
education, vocational, or technical school training program shall
also not be required to participate for so long as the condition
continues to exist.
   (D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided
or obtained by the county.
   (3) An individual who meets either of the following conditions:
   (A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.
   (B) The individual is of advanced age.
   (4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
   (5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
   (6) A 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 who 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 child care.
   (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 parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
   (8) A woman who is pregnant and for whom  it has been
medically verified that  the pregnancy impairs her ability to be
regularly employed or participate in welfare-to-work activities or
the county has determined that, at that time, participation will not
readily lead to employment or that a training activity is not
appropriate.  If a pregnant woman is unable to secure this
medical verification, she shall be nonetheless eligible for other
exemptions from the welfare-to-work requirements, including the
exception for good cause provided in subdivision (f).  
   (9) A pregnant woman who is participating in a maternal, infant,
and early childhood home visiting (MIECHV) program or another home
visiting program for low-income Californians that is approved by the
federal Health and Human Services Agency.
   (c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
   (d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision
(b), shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During the time that
Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
   (e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
   (1) Lack of necessary supportive services.
   (2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
   (3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
   (g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
   (2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.
   (h) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (b), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
   (2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
   (3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).
   (4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program (Part
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
   (5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
   SEC. 4.    Section 11322.67 is added to the 
 Welfare and Institutions Code   , to read:  
   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 one year.
   (b) This section shall be implemented only upon receipt of a
waiver by the United States Department of Health and Human Services,
in accordance with Section 11329.2.