BILL NUMBER: SB 252 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 15, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Liu
FEBRUARY 12, 2013
An act to amend Section 11320.3 of, and to add Sections 11218 and
11322.67 to, the Welfare and Institutions Code, relating to social
services.
LEGISLATIVE COUNSEL'S DIGEST
SB 252, Liu. CalWORKs: welfare-to-work requirements.
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 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. Existing law also requires that a recipient be excused
for good cause when the county has determined there is a condition or
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or participate in
welfare-to-work activities.
This bill would specify that a pregnant woman who is unable to
obtain that medical verification but is otherwise eligible for the
good cause exemption shall be exempt from participation in
welfare-to-work activities. The bill would authorize a pregnant woman
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 United States
Department of Health and Human Services, subject to the receipt of a
federal waiver, as provided.
Under existing law, a mother may breastfeed her child in any
location, public or private, except the private home or residence of
another, where the mother and the child are otherwise authorized to
be present.
This bill would state that, pursuant to the above-described
provision, an applicant or recipient of CalWORKs is entitled to
breastfeed her child in any public area, or area where the mother and
the child are authorized to be present, in a county welfare
department or other county office. The bill would make related
legislative findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The benefits of breastfeeding for women include a lowered risk
of breast and ovarian cancer, as well as a reduced risk of
developing type 2 diabetes and maternal cardiovascular disease. For
infants, the benefits of breastfeeding include reduced risk of ear
infections, diarrhea, and respiratory illnesses, as well as reduced
incidence and severity of allergies, asthma, and obesity, among many
other health benefits.
(b) The economic benefits of breastfeeding to families, health
care systems, and employers are also well documented. It is estimated
that the United States would save $13 billion and save 900 lives if
90 percent of women breastfed in accordance with health care
recommendations.
(c) The documented advantages that breastfeeding confers to both
mother and baby have been upheld in policy statements by every major
professional medical organization. In 2012, the American Academy of
Pediatrics stated: "Given the documented short and long term medical
and neurodevelopmental advantages of breastfeeding, infant nutrition
should be considered a public health issue and not only a lifestyle
choice."
SEC. 2. Section 11218 is added to the Welfare and Institutions
Code, to read:
11218. Pursuant to Section 43.3 of the Civil Code, an applicant
or recipient of aid under this chapter is entitled to breastfeed her
child in any public area, or area where the mother and the child are
authorized to be present, in a county welfare department or other
county office.
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, but
is otherwise eligible for an exemption from welfare-to-work
requirements under this section, including good cause for temporary
illness related to the pregnancy, she shall be exempt from
participation.
(c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision
(b), shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During the time that
Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
(e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
(1) Lack of necessary supportive services.
(2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
(3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
(g) (1) 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 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.