11320-11329.5
WELFARE AND INSTITUTIONS CODE
SECTION 11320-11329.5
11320. Any reference to the Greater Avenues for Independence
program or (GAIN) shall mean the welfare-to-work activities under the
CalWORKs program provided for in this article.
11320.1. Subsequent to the commencement of the receipt of aid under
this chapter, the sequence of employment related activities required
of participants under this article, unless exempted under Section
11320.3, shall be as follows:
(a) Job search. 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 program provided under this
article, receive appraisal pursuant to Section 11325.2, and
participate in job search and job club activities provided pursuant
to Section 11325.22.
(b) Assessment. If employment is not found during the period
provided for pursuant to subdivision (a), 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, the participant shall be referred to assessment, as
provided for in Section 11325.4. Following assessment, the county and
the participant shall develop a welfare-to-work plan, as specified
in Section 11325.21. The plan shall specify the activities provided
for in Section 11322.6 to which the participant shall be assigned,
and the supportive services, as provided for pursuant to Section
11323.2, with which the recipient will be provided.
(c) Work activities. A participant who has signed a
welfare-to-work plan pursuant to Section 11325.21 shall participate
in work activities. Except as provided in Section 11325.23, at least
20 hours per week shall be spent in core activities, as specified in
subdivision (c) of Section 11322.8.
11320.15. After a participant has received aid for a total of 60
months, pursuant to Section 11454, he or she shall be removed from
the assistance unit for the purposes of calculation of aid under
Section 11450 and he or she shall no longer be required to
participate in welfare-to-work activities. Additional welfare-to-work
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.
11320.2. (a) Commencing July 1, 2011, subject to subdivision (g),
the county shall conduct self-sufficiency reviews with all aided
caretaker relatives and the adult caretaker or minor parent
head-of-household in child-only cases, except for individuals who are
exempt from welfare-to-work activities pursuant to Section 11320.3.
Reviews shall be conducted every six months, except as otherwise
provided in this subdivision. For an assistance unit determined to be
eligible under this chapter on or after July 1, 2011, reviews shall
be conducted at the end of the assistance unit's second and fourth
quarterly reporting periods. The review at the fourth quarterly
reporting period shall be conducted with the annual redetermination,
on the same day and in the same location. The notice, scheduling, and
accommodation requirements used for the annual redetermination shall
be utilized uniformly for the self-sufficiency reviews. For an
assistance unit determined to be eligible under this chapter prior to
July 1, 2011, reviews shall be conducted starting at the end of each
assistance unit's second quarterly reporting period and with the
next regularly scheduled redetermination, and then annually
thereafter.
(b) The county shall provide notification to individuals for whom
a review has been scheduled, not less than 60 calendar days prior to
the appointment, and provide for a process for rescheduling, if
necessary, on a date not to exceed 20 calendar days beyond the
scheduled review.
(c) Self-sufficiency reviews shall be conducted by a county social
worker or employment services worker.
(d) The purposes of the self-sufficiency review are to determine
barriers to participation, including those that may establish the
basis for an exemption, to assess needed services and resources, and
to provide tools to connect the recipient with the needed services
and activities in order to increase his or her work or community
service participation pursuant to Section 11320.
(e) (1) If the recipient fails to attend the review, the county
shall provide the recipient with a notice that the county shall
reduce the recipient's benefits by 50 percent after 30 calendar days,
unless the participant has complied or provided good cause. Prior to
reducing benefits by 50 percent, the county shall attempt to make
personal contact, consistent with current practice as exercised for
the annual redetermination, to remind the recipient that attending
the self-sufficiency review is required, or, if contact is not made,
shall send a reminder notice to the recipient no later than five days
prior to the end of the 30-calendar day period. The county may
determine at any time prior to reducing benefits by 50 percent for
failure to attend the self-sufficiency review, or after the sanction
has been imposed, that a recipient had good cause for failing to
attend the self-sufficiency review. A notice regarding a 50-percent
reduction in benefits shall be rescinded when the self-sufficiency
review is completed.
(2) If the participant is found to not comply with the requirement
to attend the self-sufficiency review, the benefits shall be reduced
by 50 percent.
(3) The county may determine, at any time prior to the end of the
30-calendar day period following the reduction of benefits by 50
percent for failure to attend the self-sufficiency review, or after
the sanction has been imposed, that a recipient had good cause for
failing to attend the review. If the county finds a recipient had
good cause, it shall rescind the reduction in benefits notice. Good
cause exists only when the recipient cannot reasonably be expected to
fulfill his or her responsibilities, due to factors beyond the
recipient's control.
(f) Not later than January 1, 2013, the county shall provide the
department with an evaluation of the implementation of the
self-sufficiency reviews that addresses the effectiveness of the
reviews in meeting the goals stated in subdivision (d). Upon receipt
of all of the county evaluations, the department shall forward the
evaluations to the relevant fiscal and policy committees of the
Legislature for review.
(g) An aided adult who is fully meeting the hours of participation
required of CalWORKs recipients under applicable state law shall not
be subject to self-sufficiency reviews.
(h) A review conducted in accordance with this section that occurs
at either the 42nd or 54th month of aid pursuant to Section 11454
shall include all of the components specified in subdivision (a), and
shall also include information and a warning to the individual
regarding the upcoming consequences of reaching the 48-month or
60-month time limits, depending on the specific circumstances of the
case. The review shall occur six months before the applicable time
limit. However, if a recipient returns to aided status when fewer
than six months remain before the 60-month time limit, he or she
shall receive a review under this section within a reasonable time
prior to the 60th month, as determined by the county.
(i) This section shall become operative on July 1, 2011.
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.
(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.
(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 subparagraph (A) of paragraph (6) 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 July 1, 2011.
(2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, shall develop
a process prior to January 1, 2011, to assist clients with
reengagement in welfare-to-work activities by July 1, 2001.
Reengagement activities may include notifying clients of the
expiration of exemptions, potential reassessments, and identifying
necessary supportive services.
11320.31. 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:
(a) 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.
(b) The employment or offer of employment exceeds the daily or
weekly hours of work customary to the occupation.
(c) 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 one'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, when 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. An individual who fails or refuses to comply with the
program requirements based on this subdivision shall be required to
participate in community service activities pursuant to Section
11322.9.
(d) The employment, offer of employment, activity, or other
training for employment involves conditions that are in violation of
applicable health and safety standards.
(e) The employment, offer of employment, or work activity does not
provide for workers' compensation insurance.
(f) 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.
(g) Accepting the employment, offer of employment, or work
activity would cause the individual to violate the terms of his or
her union membership.
11320.32. (a) The department shall administer a voluntary Temporary
Assistance Program (TAP) for current and future CalWORKs recipients
who meet the exemption criteria for work participation activities set
forth in Section 11320.3, and are not single parents who have a
child under the age of one year. Temporary Assistance Program
recipients shall be entitled to the same assistance payments and
other benefits as recipients under the CalWORKs program. The purpose
of this program is to provide cash assistance and other benefits to
eligible families without any federal restrictions or requirements
and without any adverse impact on recipients. The Temporary
Assistance Program shall commence no later than October 1, 2012.
(b) CalWORKs recipients who meet the exemption criteria for work
participation activities set forth in subdivision (b) of Section
11320.3, and are not single parents with a child under the age of one
year, shall have the option of receiving grant payments, child care,
and transportation services from the Temporary Assistance Program.
The department shall notify all CalWORKs recipients and applicants
meeting the exemption criteria specified in subdivision (b) of
Section 11320.3, except for single parents with a child under the age
of one year, of their option to receive benefits under the Temporary
Assistance Program. Absent written indication that these recipients
or applicants choose not to receive assistance from the Temporary
Assistance Program, the department shall enroll CalWORKs recipients
and applicants into the program. However, exempt volunteers shall
remain in the CalWORKs program unless they affirmatively indicate, in
writing, their interest in enrolling in the Temporary Assistance
Program. A Temporary Assistance Program recipient who no longer meets
the exemption criteria set forth in Section 11320.3 shall be
enrolled in the CalWORKs program.
(c) Funding for grant payments, child care, transportation, and
eligibility determination activities for families receiving benefits
under the Temporary Assistance Program shall be funded with General
Fund resources that do not count toward the state's maintenance of
effort requirements under clause (i) of subparagraph (B) of paragraph
(7) of subdivision (a) of Section 609 of Title 42 of the United
States Code, up to the caseload level equivalent to the amount of
funding provided for this purpose in the annual Budget Act.
(d) It is the intent of the Legislature that recipients shall have
and maintain access to the hardship exemption and the services
necessary to begin and increase participation in welfare-to-work
activities, regardless of their county of origin, and that the number
of recipients exempt under subdivision (b) of Section 11320.3 not
significantly increase due to factors other than changes in caseload
characteristics. All relevant state law applicable to CalWORKs
recipients shall also apply to families funded under this section.
Nothing in this section modifies the criteria for exemption in
Section 11320.3.
(e) To the extent that this section is inconsistent with federal
regulations regarding implementation of the Deficit Reduction Act of
2005, 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.
11321.6. (a) A county plan may provide that the program provided
for in this article shall apply to recipients of aid under Part 5
(commencing with Section 17000), except that no funds appropriated
for purposes of this article shall be utilized for purposes of
applying this article to these individuals.
(b) A county plan may also provide that the program provided for
in this article shall apply to refugees receiving Refugee Cash
Assistance.
(c) The county shall maintain separate accounting records of
expenditures related to applicants for, and recipients of, aid under
this chapter, and for the individuals to whom the program applies
pursuant to subdivisions (a) and (b). If a county elects to apply the
program provided for in this article to refugees receiving Refugee
Cash Assistance or to refugee recipients of aid under Part 5
(commencing with Section 17000), costs of applying the program shall
be funded from the county's federal social services and targeted
assistance allocation as provided for under Chapter 5.5 (commencing
with Section 13275).
(d) If, pursuant to subdivision (a), a county elects to apply the
program provided for in this article to refugees or to recipients of
aid under Part 5 (commencing with Section 17000), these individuals
shall have the same rights, duties, and responsibilities that a
participant has who is an applicant for, or a recipient of, aid under
this chapter. Any participation by general assistance recipients
shall not constitute any actual or implied responsibility for, or
assumption of, costs of general assistance by the state.
11322.2. Counties shall continually monitor their program
expenditures throughout the fiscal year. If a county determines that
its anticipated expenditures will exceed the amount of that year's
allocations as a result of an unexpected event, including caseload
increases, court cases, or significant justifiable increases in
component costs, the county shall immediately notify the department.
11322.4. It is the intent of the Legislature to fund
welfare-to-work activities under this article so that all recipients
of aid under this chapter for whom participation under this article
is required can be served and, in addition, so that recipients
voluntarily participating under this article can be served.
11322.5. (a) It is the intent of the Legislature to do each of the
following:
(1) Maximize the ability of CalWORKs recipients to benefit from
the federal Earned Income Tax Credit (EITC), including retroactive
EITC credits and the Advance EITC, take advantage of the
earned-income disregard to increase their federal Food Stamp Program
benefits, and accumulate credit toward future social security income.
(2) Educate and empower all CalWORKs participants who receive the
federal EITC to save or invest part or all of their credits in
instruments such as individual development accounts, 401(k) plans,
403(b) plans, IRAs, 457 plans, Coverdell ESA plans, restricted
accounts pursuant to subdivision (a) of Section 11155.2, or 529
plans, and to take advantage of the federal Assets for Independence
program and other matching funds, tools, and training available from
public or private sources, in order to build their assets.
(b) It is the intent of the Legislature that counties encourage
CalWORKs recipients to participate in activities that will maximize
their receipt of the EITC. To this end, counties may do all of the
following:
(1) Structure welfare-to-work activities pursuant to subdivisions
(a) to (j), inclusive, of Section 11322.6 to give recipients the
option of maximizing the portion of their CalWORKs benefits that
meets the definition of "earned income" in Section 32(c)(2) of the
Internal Revenue Code.
(2) Inform CalWORKs recipients of each of the following:
(A) That earned income, either previous or future, may make them
eligible for the federal EITC, including retroactive EITC credits and
the Advance EITC, increase their federal Food Stamp Program
benefits, and accumulate credit toward future social security income.
(B) That recipients, as part of their welfare-to-work plans, have
the option of engaging in subsidized employment and grant-based
on-the-job training, as specified in Section 11322.6, and that
participating in these activities will increase their earned income
to the extent that they meet the requirements of federal law.
(C) That receipt of the federal EITC does not affect their
CalWORKs grant and is additional tax-free income for them.
(D) That a CalWORKs recipient who receives the federal EITC may
invest these funds in an individual development account, 401(k) plan,
403(b) plan, IRA, 457 plan, 529 college savings plan, Coverdell ESA,
or restricted account, and that investments in these accounts will
not make the recipient ineligible for CalWORKs benefits or reduce the
recipient's CalWORKs benefits.
(3) At each regular eligibility redetermination, the county shall
ask a recipient whether the recipient is eligible for and takes
advantage of the EITC. If the recipient may be eligible and does not
participate, the county shall give the recipient the federal EITC
form and encourage and assist the recipient to take advantage of it.
(c) (1) No later than December 1, 2008, the State Department of
Social Services shall develop guidelines that counties may adopt to
carry out the intent of this section and shall present options to the
Governor and Legislature for any legislation necessary to further
carry out the intent of this section.
(2) In developing the guidelines and legislative options, the
department shall consult and convene at least one meeting of
subject-matter experts, including representatives from the Assembly
and Senate Committees on Human Services, Assets for All Alliance,
Asset Policy Initiative of California, California Budget Project,
California Catholic Conference, California Council of Churches,
California Family Resource Association, California State Association
of Counties, CFED, County Welfare Directors Association of
California, Federal Reserve Bank of San Francisco, Legislative
Analyst's Office, Lifetime, National Council of Churches, Insight
Center for Community Economic Development, New America Foundation,
Public Policy Institute of California, University of California at
Los Angeles School of Law, United States Internal Revenue Service,
and Western Center on Law and Poverty. Nothing in this section
requires the department to compensate or pay expenses for any person
it consults or invites to the meeting or meetings.
11322.6. The welfare-to-work plan developed by the county welfare
department and the participant pursuant to this article shall provide
for welfare-to-work activities. Welfare-to-work activities 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 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 and the recipient agree to extend this period by an
amendment to the welfare-to-work plan. The county welfare department
shall review the work experience 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 Food Stamp Program
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.
(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.
(q) Mental health, substance abuse, and domestic violence
services, described in Sections 11325.7 and 11325.8, and Article 7.5
(commencing with Section 11495), that are necessary to obtain and
retain employment.
(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.
11322.61. (a) Except as provided in subdivisions (c) and (d) of
Section 11327.5, if there is any interruption in receipt of income
for an employee in a grant-based on-the-job training program, as
provided for pursuant to subdivision (j) of Section 11322.6, that is
caused by an employer's conduct, the county shall ensure that a
recipient receives 100 percent of the maximum aid payment, not
counting the unpaid wages, that the assistance unit is eligible to
receive. The payment shall be made as a supplemental grant payment.
The county shall act to recover from the employer any amount of the
grant diverted to the employer that was not paid as wages to the
recipient. The agreement between the county and the employer
pertaining to grant-based on-the-job training shall state that the
county will take action to collect from the employer the amount of
the grant diverted to the employer that was not paid as wages to the
recipient.
(b) Pursuant to subdivision (f) of Section 11322.6, counties using
grant-based on-the-job training shall monitor employers
participating in grant-based on-the-job training, and shall cancel
the participation of employers who demonstrate, over time, any of the
following:
(1) An unwillingness to hire recipients who have participated in
grant-based on-the-job training with that employer.
(2) An inability to provide job skills that enable participants to
obtain nonsubsidized employment with other employers.
11322.62. Employers, sponsors of training activities, and
contractors shall not discriminate against participants 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.
11322.63. (a) For counties that implement a welfare-to-work plan
that includes activities pursuant to subdivisions (b) and (c) of
Section 11322.6, the State Department of Social Services shall pay
the county 50 percent of the participant's wage subsidy, subject to
both of the following conditions:
(1) The state's share in wage subsidies shall not exceed 50
percent of the maximum aid payment for the assistance unit, which
includes the adult receiving the wage subsidy.
(2) State participation in wage subsidies pursuant to this section
shall be limited to those county programs that provide a maximum of
six months of wage subsidies for each participant.
(b) No later than January 10, 2011, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(c) Payment of the state's share in wage subsidies required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2.
11322.64. (a) Section 11322.63 shall be inoperative during the
period commencing on the day the act that added this section takes
effect until the date of the expiration of federal authority for the
Emergency Contingency Fund, as provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or subsequent federal
legislation that extends subsidized employment funding under the
Emergency Contingency Fund, inclusive, unless the State Department of
Social Services determines that Section 10545 is suspended,
implementation of Section 10545 is significantly delayed, or counties
are otherwise prevented by the state or federal government from
receiving reimbursement for subsidized employment expenditures that
are authorized and in compliance with Section 2101 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), or
subsequent federal legislation.
(b) In accordance with subdivision (a), the deadline for the
report required by subdivision (b) of Section 11322.63 shall be
extended by two years.
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.
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 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.
(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.
11322.8. (a) Unless otherwise exempt, an adult recipient in a
one-parent assistance unit shall participate in welfare-to-work
activities for 32 hours each week.
(b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
at least 35 hours of welfare-to-work activities each week. However,
both parents in a two-parent assistance unit may contribute to the 35
hours if at least one parent meets the federal one-parent work
requirement applicable on January 1, 1998.
(c) An adult recipient required to participate under subdivision
(a) or (b) shall participate for at least 20 hours each week in core
welfare-to-work activities. The welfare-to-work activities listed in
subdivisions (a) to (j), inclusive, and (m) and (n) of Section
11322.6, are core activities for the purposes of this section.
Participation in core activities under subdivision (m) of Section
11322.6 shall be limited to a total of 12 months. Additional hours
that the applicant or recipient is required to participate under
subdivisions (a) or (b) of this section may be satisfied by any of
the welfare-to-work activities described in Section 11322.6 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.
(d) Hours spent in activities listed under subdivision (q) of
Section 11322.6 shall count toward the core activity requirement in
subdivision (c) to the extent that these activities are necessary to
enable the individual to participate in core activities and to the
extent these activities cannot be accomplished within the additional
noncore hours of participation required by subdivision (c).
(e) Hours spent in classroom, laboratory, or internship activities
pursuant to subdivisions (k), (l), (o), and (p) of Section 11322.6
shall count toward the core activity requirement in subdivision (c)
to the extent these activities cannot be accomplished within the
additional noncore hours of participation, the county determines the
program is likely to lead to self-supporting employment, and the
recipient makes satisfactory progress. The provisions in paragraph
(2), and subparagraphs (A) and (B) of paragraph (3), of subdivision
(a) of Section 11325.23 shall apply to participants in these
activities.
(f) Spending hours in any or all of the activities specified in
subdivision (r) of Section 11322.6 shall not make a recipient
ineligible to count activities set forth in subdivisions (d) and (e)
toward the core activities requirements, as appropriate.
11322.9. (a) Community service activities shall meet all of the
following criteria:
(1) Be performed in the public and private nonprofit sector.
(2) Provide participants with job skills that can lead to
unsubsidized employment.
(3) Comply with the antidisplacement provisions contained in
Section 11324.6.
(b) Participants in community service activities shall do all of
the following:
(1) Participate in a community service activity for the number of
hours required by Section 11322.8, unless fewer hours of community
service participation are required by federal law.
(2) Participate in other work activities for the number of hours
equal to the difference between the hours of participation in
community service and the number of hours of participation required
under Section 11322.8.
(c) The county plan pursuant to Section 10531 shall include a
component, developed by the county in collaboration with local
private sector employers, local education agencies, county welfare
departments, organized labor, recipients of aid under this chapter,
and government and community-based organizations providing job
training and economic development, in order to identify all of the
following:
(1) Unmet community needs that could be met through community
service activities.
(2) The target population to be served.
(3) Entities responsible for project development, fiscal
administration, and case management services.
(4) The terms of community service activities, that, to the extent
feasible, shall be temporary and transitional, and not permanent.
(5) Supportive efforts, including job search, education, and
training, which shall be provided to participants in community
service activities.
(6) If the county intends to include grant-based on-the-job
training in its community service plan, the process by which the
county will comply with the voluntary consent form requirement
established in subdivision (f) of Section 11322.6, including a list
of the languages in which the consent form will be available.
(d) Aid under this chapter for any participant who fails to comply
with the requirements of this section without good cause shall be
reduced in accordance with Section 11327.5.
11323.2. (a) Necessary supportive services shall be available to
every participant in order to participate in the program activity to
which he or she is assigned or to accept employment or the
participant shall have good cause for not participating under
subdivision (f) of Section 11320.3. As provided in the
welfare-to-work plan entered into between the county and participant
pursuant to this article, supportive services shall include all of
the following:
(1) Child care.
(A) Paid child care shall be available to every participant with a
dependent child in the assistance unit who needs paid child care if
the child is 10 years of age or under, or requires child care or
supervision due to a physical, mental, or developmental disability or
other similar condition as verified by the county welfare
department, or who is under court supervision.
(B) To the extent funds are available paid child care shall be
available to a participant with a dependent child in the assistance
unit who needs paid child care if the child is 11 or 12 years of age.
(C) Necessary child care services shall be available to every
former recipient for up to two years, pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
(D) A child in foster care receiving benefits under Title IV-E of
the federal Social Security Act (42 U.S.C.A. 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.A. Sec. 1381 et seq.)
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 Article 15.5 (commencing with Section 8350) of
Chapter 2 of Part 6 of the Education Code. Parent fees shall be
governed by subdivision (f) of Section 8263 of the Education Code.
(2) Transportation costs, which shall be governed by regional
market rates as determined in accordance with regulations established
by the department.
(3) Ancillary expenses, which shall include the cost of books,
tools, clothing specifically required for the job, fees, and other
necessary costs.
(4) Personal counseling. A participant who has personal or family
problems that would affect the outcome of the welfare-to-work plan
entered into pursuant to this article shall, to the extent available,
receive necessary counseling or therapy to help him or her and his
or her family adjust to his or her job or training assignment.
(b) If provided in a county plan, the county may continue to
provide case management and supportive services under this section to
former participants who become employed. The county may provide
these services for up to the first 12 months of employment to the
extent they are not available from other sources and are needed for
the individual to retain the employment.
11323.3. (a) It is the intent of the Legislature that all CalWORKs
applicants and recipients be aware of their potential liability for
child care payment, and that child care providers be promptly paid
for their services to eligible families.
(b) An applicant for, or a recipient of, CalWORKs benefits shall
be provided written notice, both at the time of application and when
he or she signs an original or amended welfare-to-work plan, of the
availability of paid child care as provided in Section 11323.2. The
notice shall inform applicants and recipients of all of the
following:
(1) Paid child care is available to allow them to be employed or
participate in welfare-to-work activities.
(2) Assistance in finding and choosing a child care provider is
available.
(3) A recipient is required to inform the county welfare
department of his or her need for paid child care as soon as that
need arises.
(4) The recipient is required to request a child care subsidy from
the county within 30 days from the first day child care services are
received from each different provider, to be fully reimbursed for
child care services.
(c) An applicant for, or recipient of, CalWORKs benefits shall be
required to sign a copy of the written notice acknowledging that he
or she has been informed of and understands the notice. The signed
notice shall be retained in the client's file.
(d) No payment shall be made for child care services provided
pursuant to Section 8351 of the Education Code more than 30 days
prior to the recipient's initial request for payment for the child
care service from that provider, when the recipient received the
written notice provided in subdivision (b).
(e) The department shall develop regulations to implement this
section.
11323.4. (a) Payments for supportive services, as described in
Section 11323.2, shall be advanced to the participant, wherever
necessary, and when desired by the participant, so that the
participant need not use his or her funds to pay for these services.
Payments for child care services shall be made in accordance with
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.
(b) The county welfare department shall take all reasonable steps
necessary to promptly correct any overpayment or underpayment of
supportive services payments to a recipient or a service provider,
including, but not limited to, all cases involving fraud and abuse,
consistent with procedures developed by the department.
(c) Notwithstanding any other provision of this article, any
participant in on-the-job training who becomes ineligible for aid
under this chapter due to earned income or hours worked, shall remain
a participant in the program under this article for the duration of
the on-the-job training assignment and shall be eligible for
supportive services for the duration of the on-the-job training,
provided this duration does not exceed the time limits otherwise
applicable to the recipient.
(d) Notwithstanding any other provision of this article, any
participant in on-the-job training, grant-based on-the-job training,
supported work, or transitional employment who remains eligible for
aid pursuant to this chapter, shall be eligible for transportation
and ancillary expenses pursuant to paragraphs (2) and (3) of
subdivision (a) of Section 11323.2.
(e) (1) Participants shall be encouraged to apply for financial
aid, including educational grants, scholarships, and awards.
(2) To the extent permitted by federal law, the county shall
coordinate with financial aid offices to establish procedures whereby
the educational expenses of participants are met through available
financial aid and the supportive services described in Section
11323.2. These procedures shall not result in duplication of
payments, and shall require determinations to be made on an
individual basis to ensure that using financial aid will not prevent
the person's participation in his or her welfare-to-work plan.
(f) Notwithstanding Section 10850, for purposes of child care
supportive services, county welfare departments shall share
information necessary for the administration of the child care
programs and the CalWORKs program.
11323.6. The department shall be responsible for supervising the
provision of child care by counties during stage one as described in
Sections 8350, 8351, and 8352 of the Education Code. Counties may
contract with public and private child care entities or providers for
this purpose.
11323.8. Counties shall manage the participant's transition from
stage one to stage two child care pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code. If the county is operating stage two child care, the
county shall manage the participant's transition from stage two to
stage three pursuant to Article 15.5 (commencing with Section 8350)
of Chapter 2 of Part 6 of the Education Code.
11323.9. Each county welfare department shall provide to the State
Department of Social Services, on a monthly basis, data regarding
child care usage and demand in stage one of child care services, as
described in Article 15.5 (commencing with Section 8350) of Chapter 2
of Part 6 of the Education Code, through which a recipient of aid
under this chapter, or any successor program, will pass. The specific
information needed for these reports may be specified by the
Department of Social Services or through provisions of the annual
Budget Act.
11324. (a) If the county welfare department or a contractor pays
for child care services which are exempt from licensure, all of the
following information about the caregiver shall be on file with the
county welfare department or the contractor and shall be made
available to the participant:
(1) The name and address of the care provider.
(2) The address where care is to be provided.
(3) The hours care is to be provided and the charge for this care.
(4) The names, addresses, and telephone numbers of two character
references.
(5) A copy of a valid California driver's license or other
identification to establish that the caregiver is at least 18 years
old.
(6) A statement from the caregiver as to his or her health
education, experience or other qualification, criminal record, and
names and ages of other persons in the home or providing care.
(b) The county welfare department or the contractor shall use
existing child care licensing or CalWORKs program procedures in
meeting the requirements of subdivision (a).
(c) To the extent permitted by federal law, the county welfare
department shall deny payment, or cause the contractor to deny
payment, for child care services which are exempt from licensure if
either of the following apply:
(1) The provider has been convicted of a violent felony, as
defined in subdivision (c) of Section 667.5 of the Penal Code.
(2) The provider has been convicted of child abuse.
(d) If the child care provider selected by the participant is
denied payment, the participant may have good cause for not
participating as specified in paragraph (3) of subdivision (f) of
Section 11320.3.
11324.4. (a) The employer or sponsor of an employment or training
program position described in Section 11322.6 or 11322.9 or any
positions created under any county pilot project shall assist and
encourage qualified participants to compete for job openings
occurring within the sponsor's organization for which they qualify.
(b) Workers assigned to public agencies shall be allowed to
participate in classified service examinations equivalent to the
positions they occupy, as well as all open and promotional
examinations for which experience in the position or other relevant
experience is qualifying under merit system rules. To the extent
permitted under federal or state law, local ordinance, or applicable
collective bargaining agreements, time worked in the positions shall
apply toward seniority in the merit public agency positions.
11324.5. The county shall ensure that the labor union is notified
of the use of participants assigned to an employment or training
program position described in Section 11322.6 or 11322.9 or any
positions created under any county pilot project, in any location or
work activity controlled by an employer and covered by a collective
bargaining agreement between the employer and a union. For
nonunionized employees, procedures shall provide for notification to
employees of the use of participants under this article and the
availability of the grievance process. Display of a poster shall
satisfy this requirement.
11324.6. Any employment or training program position described in
subdivisions (a) to (l), inclusive, of Section 11322.6 or Section
11322.9 or under any county pilot project, shall not be created as a
result of, or shall not result in, any of the following:
(a) Displacement or partial displacement of current employees,
including, but not limited to, a reduction in hours of nonovertime
and overtime work, wages, or employment benefits.
(b) The filling of positions which would otherwise be promotional
opportunities for current employees, except when positions are to be
filled through an open process in which recipients are provided equal
opportunity to compete.
(c) The filling of a position, prior to compliance with applicable
personnel procedures or provisions of collective bargaining
agreements.
(d) The filling of established unfilled public agency positions,
unless the positions are unfunded in a public agency budget.
(e) The filling of a position created by termination, layoff, or
reduction in workforce, caused by the employer's intent to fill the
position with a subsidized position pursuant to this article.
(f) A strike, lockout, or other bona fide labor dispute, or
violation of any existing collective bargaining agreement between
employees and employers.
(g) The filling of a work assignment customarily performed by a
worker in a job classification within a recognized collective
bargaining unit in that specific worksite, or the filling of a work
assignment in any bargaining unit in which funded positions are
vacant or in which regular employees are on layoff.
(h) The termination of a contract for services, prior to its
expiration date, that results in the displacement or partial
displacement of workers performing contracted services, caused by the
employer's intent to fill the position with a subsidized position
pursuant to this article.
(i) The filling of a work assignment that results in not rehiring
a seasonal employee who has a history of regular seasonal employment
with an employer. The provisions of this subdivision shall apply only
to the construction industry.
(j) The denial to a participant or employee of protections
afforded other workers on the worksite by state and federal laws
governing workplace health, safety, and representation.
(k) Subdivisions (b), (d), and (g) shall not apply to unsubsidized
employment placements.
11324.7. (a) The department shall provide a grievance process for
regular employees and their representatives who wish to file a
complaint that an assignment to community service, work experience,
on-the-job training, or any activity funded by grant-based on-the-job
training violates any of the displacement provisions contained in
Section 11324.6, as applicable, respecting any employment or training
position created pursuant to this article.
(b) (1) The grievance process established pursuant to subdivision
(a) shall consist of an informal procedure followed by a hearing if
the informal procedure fails to resolve the complaint to the
satisfaction of the complainant.
(2) The grievance and any available appeal process shall be
conducted in accordance with rules and notification requirements
adopted and promulgated in federal law.
(3) The department shall issue instructions and requirements for
the grievance process.
(c) The department shall administer the employee grievance process
either directly or through the county welfare departments, or may
enter into agreements with another state agency to administer all or
any part of the grievance process.
(d) Notwithstanding subdivisions (b) and (c), the department shall
require the use of any existing grievance procedure that is part of
a collective bargaining agreement between the employer and the labor
union representing the regular employee, in lieu of the process
established by this section.
(e) Remedies for complaining regular employees in the process
established by this section shall include, where appropriate,
reinstatement, retroactive pay, and retroactive benefits.
11324.8. (a) At the time an individual applies for aid under this
chapter, or at the time a recipient's eligibility for aid is
determined, the county shall do all of the following:
(1) Provide the individual, in writing and orally as necessary,
with at least the following program information:
(A) A general description of the education, employment, and
training opportunities and the supportive services available,
including transitional benefits.
(B) A description of the exemptions from required participation
provided under this article and the consequences of a refusal to
participate in program components, if not exempt.
(C) A description of the responsibility of the participant to
cooperate in establishing paternity and enforcing child support
obligations, and to assist individuals in establishing paternity and
obtaining child support as a condition of eligibility.
(2) Determine whether the individual is required to participate in
the program provided under this article.
(b) At the time an individual is required to participate pursuant
to this article, he or she shall receive a written preliminary
determination that he or she is a member of a targeted group, for
purposes of any applicable and operative federal Targeted Jobs Tax
Credit and California Jobs Tax Credit.
(c) Persons not required to participate may volunteer to
participate.
(d) An applicant for, or a recipient of, aid who is dissatisfied
with the provisions of the welfare-to-work plan may seek redress
through the independent assessment process, as described in
subdivision (c) of Section 11325.4 or the state hearing or county
grievance process, as described in Section 11327.8.
11325.1. When child care services are provided by a program funded
under Section 8481 of the Education Code to a recipient under this
article or any other job training program for recipients under this
chapter, and the job training program utilizes vouchers for child
care services issued by the county or a contracting agency,
reimbursement for those child care services shall be made at a market
rate established by the State Department of Education pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.
11325.2. (a) At the time a recipient enters the welfare-to-work
program, the county shall conduct an appraisal, pursuant to
regulations adopted by the department, during which the recipient is
informed of the requirement to participate in training opportunities
available to a participant, and available supportive services. The
appraisal shall provide information about the recipient in the
following areas:
(1) Employment history and skills.
(2) Need for supportive services as described in Section 11323.2.
(b) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.
11325.21. (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (b) 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 to participate in welfare-to-work 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 (a) 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.
(b) The county shall allow the participant three 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 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 participation under this article, the
conseq