AB 1074

AB1074:v94#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1074

An act to amend Sections 11203 and 11325.21 of the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL'S DIGEST

AB 1074, Patel. CalWORKs.

(1) Under existing law, if the federal government provides funds for the care of a needy relative with whom a needy child is living, aid to the child for any month includes aid to meet the needs of that relative, except as prescribed. Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law provides that the parent or parents are to be considered living with the needy child for a period of up to 6 months, or for a time period as determined by the State Department of Social Services, of the needy child’s absence from the family assistance unit, and that the parents are eligible for CalWORKs aid and childcare services if specified conditions are met, including, among others, that the child has been removed from the parent or parents and that the family was receiving aid under when the child was removed. Existing law requires all applicants for or recipients of CalWORKs to ensure and provide documentation that each child in the assistance unit who is not required to be enrolled in school has received all age-appropriate immunizations, as specified.

This bill would make technical changes to the provisions regarding a parent’s eligibility to receive aid as if the child or children were living with them. The bill would also specify that those provisions do not require (A) all children to be removed from the parent or parents or (B) that, at the time of removal, the needs of the parent or parents were included in the grant. The bill would make these provisions that authorize the provision of aid and child care services, as specified, operative on July 1, 2026, or when the Statewide Automated Welfare System can perform the necessary automation, whichever is later, and would prohibit the implementation of these provisions from resulting in a retroactive payment or underpayment. The bill would exempt a family participating in a reunification case plan from specified immunization requirements. To the extent that this bill would expand county responsibilities under the CalWORKs program, this bill would impose a state-mandated local program.

(2) Existing law generally requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Existing law requires the recipient and the county welfare department to enter into a written welfare-to-work plan that includes the activities and services that will move the individual into employment. Existing departmental guidance strongly encourages, for individuals receiving benefits as described in paragraph (1), counties to use a CalWORKs family reunification plan, which is the case plan developed by the county child welfare services agency for the provision of services to those individuals, in lieu of the welfare-to-work plan.

This bill would instead authorize, for those individuals, either (A) a case plan, as specified, to serve as a CalWORKs family reunification plan or (B) a jointly developed child welfare services and CalWORKs welfare-to-work plan to serve as the CalWORKs family reunification plan, both of which would satisfy the requirement to have a welfare-to-work plan. To the extent that this bill would expand county responsibilities under the CalWORKs program, this bill would impose a state-mandated local program.

(3) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

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

SECTION 1.

Section 11203 of the Welfare and Institutions Code is amended to read:

11203.

(a) During those times as the federal government provides funds for the care of a needy relative with whom a needy child or needy children are living, aid to the child or children for any month includes aid to meet the needs of that relative, if money payments are made with respect to the child or children for that month, and if the relative is not receiving aid under Chapter 3 (commencing with Section 12000) or 5.1 (commencing with Section 13000) of this part or Part A of Title XVI of the Social Security Act for that month. Needy relatives under this chapter include only natural or adoptive parents, the spouse of a natural or adoptive parent, and other needy caretaker relatives.

(b) For a family receiving CalWORKs, a needy child or children shall be considered living with their parent or parents for a period of up to six months, or for a time period as determined by the department, of the needy child’s or children’s absence from the family assistance unit, and the parent or parents shall be eligible to receive aid, as otherwise eligible as if the child or children were living with the parent or parents, as specified in subdivision (a) of Section 11450 and childcare services under Chapter 21 (commencing with Section 10370) of Part 1.8, as well as services under this chapter, including services funded under Sections 15204.2 and 15204.8, and the special needs benefit specified in clause (i) of subparagraph (A) of paragraph (3) of subdivision (f) of Section 11450, if all of the following conditions are met:

(1) (A) The child has been removed from the parent or parents and placed in out-of-home care.

(B) This paragraph does not require that all children be removed from the parent or parents.

(2) (A) When the child was removed from the parent or parents, the family was receiving aid under this section.

(B) This paragraph includes a family receiving aid under this section even if, at the time of removal, the needs of the parent or parents were not included in the grant.

(3) (A) The county has determined that the provision of aid as specified in subdivision (a) of Section 11450 or the provision of childcare services under Chapter 21 (commencing with Section 10370) of Part 1.8 or the provision of services under this chapter, including services funded under Sections 15204.2 and 15204.8, and the special needs benefit specified in clause (i) of subparagraph (A) of paragraph (3) of subdivision (f) of Section 11450, is necessary for reunification.

(B) If a family is participating in a reunification case plan developed by a county child welfare agency, the county shall deem aid and services described in this paragraph as necessary for reunification.

(4) The changes made to this subdivision by the act that added this paragraph that authorize the provision of aid as specified in subdivision (a) of Section 11450 and childcare services under Chapter 21 (commencing with Section 10370) of Part 1.8 shall become operative on July 1, 2026, or when the Statewide Automated Welfare System can perform the necessary automation, whichever date is later. Implementation of these provisions shall not result in retroactive payment or underpayment pursuant to subdivision (k) of Section 11004, or related regulations or guidance, for any period of time prior to implementation pursuant to this paragraph.

(c) A family participating in a reunification case plan developed by a county child welfare agency and receiving aid under subdivision (a) of Section 11450, pursuant to subdivision (b) of this section, shall be exempt from the immunization requirements under Section 11265.8.

(d) The department shall revise its state Temporary Assistance for Needy Families plan to incorporate the provisions of subdivision (b) and to incorporate the good cause exception provisions the department deems necessary as authorized by Section 608(a)(10)(B) of Title 42 of the United States Code.

(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instruction that shall have the same force and effect as regulations until regulations are adopted.

SEC. 2.

Section 11325.21 of the Welfare and Institutions Code, as amended by Section 52 of Chapter 11 of the Statutes of 2020, is amended to read:

11325.21.

(a) (1) 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 (c) of Section 11320.1, but no more than 90 days after the date that a recipient’s eligibility for aid is determined or the date the recipient is required 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 (b) of Section 11320.1, if the job search activity is initiated within 30 days after the recipient’s eligibility for aid is determined. The plan shall include the activities and services that will move the individual into employment.

(2) (A) For an individual receiving CalWORKs family reunification services pursuant to subdivision (b) of Section 11203, either of the following shall apply:

(i) A case plan pursuant to Section 16501.1 that includes the need for CalWORKs family reunification cash aid or childcare services may serve as a CalWORKs family reunification plan, which shall satisfy the requirement to have a welfare-to-work plan.

(ii) A jointly developed child welfare services and CalWORKs welfare-to-work plan may serve as the CalWORKs family reunification plan, which shall satisfy the requirement to have a welfare-to-work plan.

(B) For the purposes of this paragraph, “CalWORKs family reunification plan” means the plan for individuals receiving CalWORKs benefits pursuant to subdivision (b) of Section 11203 that sets forth all of the activities and services that will be provided through the welfare-to-work program and all of the reunification services, as defined in Section 16601, that will be provided to the individual through the child welfare services case plan to assist the individual in reunifying with children who have been removed from the home and placed in out-of-home care.

(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 consequences of a refusal to participate in program components, and criteria for successful completion of the program.

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

(e) (1) The plan shall specify, and shall be amended to reflect changes in, the participant’s welfare-to-work activity, a description of services to be provided in accordance with Sections 11322.6, 11322.8, and 11322.85, as needed, and specific requirements for successful completion of assigned activities, including required hours of participation.

(2) The plan shall also include a general description of supportive services pursuant to Section 11323.2 that are to be provided as necessary for the participant to complete assigned program activities.

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

(g) This section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.

(h) (1) This section shall become inoperative on July 1, 2026, or when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later. Prior to that date, the department shall issue comprehensive policy, fiscal, and claiming instructions to the counties.

(2) This section shall remain in effect only until January 1 of the year following the section becoming inoperative pursuant to paragraph (1), and as of that date is repealed.

SEC. 3.

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

11325.21.

(a) (1) 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 (c) of Section 11320.1, but no more than 90 days after the date that a recipient’s eligibility for aid is determined or the date the recipient is required 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 (b) of Section 11320.1, if the job search activity is initiated within 30 days after the recipient’s eligibility for aid is determined. The plan shall include the activities and services that will move the individual into employment.

(2) (A) For an individual receiving CalWORKs family reunification services pursuant to subdivision (b) of Section 11203, either of the following shall apply:

(i) A case plan pursuant to Section 16501.1 that includes the need for CalWORKs family reunification cash aid or childcare services may serve as a CalWORKs family reunification plan, which shall satisfy the requirement to have a welfare-to-work plan.

(ii) A jointly developed child welfare services and CalWORKs welfare-to-work plan may serve as the CalWORKs family reunification plan, which shall satisfy the requirement to have a welfare-to-work plan.

(B) For the purposes of this paragraph, “CalWORKs family reunification plan” means the plan for individuals receiving CalWORKs benefits pursuant to subdivision (b) of Section 11203 that sets forth all of the activities and services that will be provided through the welfare-to-work program and all of the reunification services, as defined in Section 16601, that will be provided to the individual through the child welfare services case plan to assist the individual in reunifying with children who have been removed from the home and placed in out-of-home care.

(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 consequences of a refusal to participate in program components, and criteria for successful completion of the program.

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

(e) (1) The plan shall specify, and shall be amended to reflect changes in, the participant’s welfare-to-work activity, a description of services to be provided in accordance with Sections 11322.6 and 11322.8, as needed, and specific requirements for successful completion of assigned activities, including required hours of participation.

(2) The plan shall also include a general description of supportive services pursuant to Section 11323.2 that are to be provided as necessary for the participant to complete assigned program activities.

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

(g) This section shall not apply to individuals subject to Article 3.5 (commencing with Section 11331) during the time that article is operative.

(h) This section shall become operative on July 1, 2026, or when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever is later.

SEC. 4.

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

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.