AB 969

AB969:v92#DOCUMENT

Bill Start

Assembly Bill No. 969

CHAPTER 386

An act to amend Sections 11495, 11495.1, and 11495.17 of, and to amend, repeal, and add Sections 11495.15 and 11495.16 of, the Welfare and Institutions Code, relating to CalWORKs.

[ Approved by Governor October 06, 2025. Filed with Secretary of State October 06, 2025. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 969, Celeste Rodriguez. CalWORKs: family violence option and gender-based violence information.

Existing law provides for 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 and individuals. Existing law imposes various requirements on CalWORKs recipients, including the requirement to participate in specified welfare-to-work activities, unless a good cause exception applies. Existing law requires a county to waive a program requirement for a recipient who has been identified as a past or present victim of domestic abuse when it has been determined that good cause under the welfare-to-work requirement exists.

This bill would, among other things, instead require a county to waive a program requirement for an applicant or recipient who has been identified as a past or present victim of domestic abuse for good cause, and requires the county to find good cause for a waiver when compliance with the program requirement would make it more difficult for the applicant or recipient, or their children, to escape or to stay safe after escaping abuse, or that it would be detrimental or unfairly penalize those applicants or recipients who are or have been victimized by abuse or who are at risk of further domestic abuse. The bill would require counties, within specified timeframes, to notify each applicant or recipient about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denials. The bill would require the State Department of Social Services, in consultation with stakeholders, to develop a uniform set of written materials that addresses all relevant information and necessary requirements designed to assist individuals to identify, escape, or stop future abuse, overcome the effects of abuse, and make informed decisions, and a standardized waiver request form. The bill would require each county to provide the written materials and standardized waiver request form to each applicant and recipient, as specified. The bill would make these provisions operative on January 1, 2028, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement these provisions, and would authorize the department to implement, interpret, or make specific these provisions through an all-county letter or similar instruction. By imposing duties on counties, the bill would impose a state-mandated local program.

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 11495 of the Welfare and Institutions Code is amended to read:

11495.

It is the intent of the Legislature in enacting this article to maximize protections afforded to survivors of domestic violence, sexual harassment, sexual assault, and stalking through the provisions of this article. By adopting this provision, the Legislature recognizes that some individuals who may need public assistance have been or are victims of abuse, and intends to ensure that applicants and recipients who are past or present victims of abuse are not placed at further risk or unfairly penalized by CalWORKs requirements and procedures. The Legislature intends that, in implementing this article, program requirements not be created or applied in such a way as to encourage a victim to remain with the person committing the abuse.

SEC. 2.

Section 11495.1 of the Welfare and Institutions Code is amended to read:

11495.1.

(a) The department shall align CalWORKs with, and not be more restrictive than, the federal family violence option pursuant to Section 402(a)(7) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(7)), and the requirements concerning survivors of abuse pursuant to Section 402(a)(8) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(8)), and shall, to the fullest extent permitted, maximize protections afforded to survivors of abuse.

(b) On or before January 1, 2027, the department shall develop protocols on handling cases in which applicants and recipients are past or present victims of abuse. The protocols shall define domestic abuse, and shall address training standards and curricula, individual case assessments, confidentiality procedures, notice procedures and counseling or other appropriate participation requirements as part of an overall plan to transition from welfare-to-work. The protocol shall specify how counties shall do the following:

(1) Identify applicants and recipients of assistance under this chapter who have been or are victims of abuse, including those who self-identify, while protecting confidentiality.

(2) Refer these individuals to supportive services.

(3) Waive program requirements, on a case-by-case basis, for so long as necessary, in accordance with Section 11495.15, as added by the act that added subdivision (e). Requirements that shall be waived, if eligible, include, but are not limited to, time limits on receipt of assistance, work requirements, educational requirements, paternity establishment and child support cooperation requirements.

(4) Issue an adequate written notice of action to each applicant or recipient of the determination about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial.

(5) Issue timely and adequate notice of action when discontinuing a waiver that includes the specific reasons for termination.

(c) Waivers of time limits granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that abuse victims are included in the 20-percent hardship exemptions and that no good cause waivers of the 20-percent limit will be granted to the state for victims of abuse, thereby incurring a penalty to the state.

(d) Waivers of the work requirements granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that the state will be penalized for failing to meet work participation requirements due to granting waivers to abuse victims.

(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, interpret, or make specific the changes made to this section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.

SEC. 3.

Section 11495.15 of the Welfare and Institutions Code is amended to read:

11495.15.

(a) A county shall waive a program requirement for a recipient who has been identified as a past or present victim of abuse when it has been determined that good cause exists pursuant to paragraph (2) of subdivision (f) of Section 11320.3. Until implementation of the regulations required pursuant to subdivision (b) of Section 11495.1, a county may utilize standards, procedures, and protocols currently available and shall identify them in its county plan. Waivers shall be reevaluated in accordance with other routine periodic reevaluations by the county.

(b) This section shall be inoperative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11495.15, as added by the act that added this subdivision, whichever date is later, and as of January 1 of the following year, is repealed.

SEC. 4.

Section 11495.15 is added to the Welfare and Institutions Code, to read:

11495.15.

(a) (1) A county shall waive, on a case-by-case basis, a program requirement for an applicant or recipient who has been identified as a past or present victim of domestic abuse for good cause, as provided in this section.

(2) A county shall find good cause for a waiver under this article, and shall issue a waiver, when compliance with the program requirement would make it more difficult for an applicant or recipient, or their children, to escape abuse or to stay safe after escaping abuse, or that it would be detrimental or unfairly penalize those applicants or recipients who are or have been victimized by abuse or who are at risk of further domestic abuse.

(3) A county shall not deny a waiver absent a documented determination that an applicant or recipient could comply with the program requirement without that requirement making it more difficult for them, or their children, to escape abuse, or that the requirement would not be detrimental or unfairly penalize them. The recipient’s attestation regarding the impact of compliance with the program rule shall be sufficient to issue a waiver unless the county determines the statement is not credible because of the recipient’s contradictory statements or other supporting documentation.

(4) The department, in conjunction with counties, advocates, and current or former recipient survivors, shall develop statewide standards for determining when there is good cause to issue a waiver.

(b) When reviewing waiver eligibility, a county shall not consider participation hours in domestic violence, mental health, or substance disorder services that contribute to the individual meeting any required participation hours as a basis for denying a waiver. In no event shall a county deny a waiver because a survivor does not receive or participate in services from a victim service provider. A county shall not discontinue a waiver on the basis that a survivor chooses to voluntarily participate in welfare-to-work activities.

(c) A county shall reevaluate a waiver every six months. A county may reevaluate a waiver more frequently based upon the recipient’s report of changed circumstances.

(d) A county shall notify each applicant or recipient about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial. The county shall provide an adequate written notice of action regarding the waiver request by the time of application approval. A county shall not take any adverse action against a recipient for noncompliance with a program requirement while a waiver request is pending for that program requirement.

(e) A county shall notify each recipient if a waiver will be terminated and the reasons for the termination. The county shall provide a written timely and adequate notice of action of the termination.

(f) 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, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.

(g) This section shall become operative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

SEC. 5.

Section 11495.16 of the Welfare and Institutions Code is amended to read:

11495.16.

(a) All CalWORKs applicants and recipients shall be informed verbally and in writing, and to the extent required by law, in the language understood by the applicant or recipient, of the availability of services designed to assist individuals to identify, escape, or stop future domestic abuse as well as to overcome the effects of domestic abuse.

(b) This section shall be inoperative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11495.15, as added by the act that added this subdivision, whichever date is later, and as of January 1 of the following year, is repealed.

SEC. 6.

Section 11495.16 is added to the Welfare and Institutions Code, to read:

11495.16.

(a) The department, in consultation with stakeholders, including, but not limited to, federally recognized state domestic violence and sexual assault coalitions, other domestic abuse, sexual assault, and sexual harassment advocates, and public benefits advocates, shall develop both of the following:

(1) A uniform set of written materials to be used statewide that addresses all relevant information and necessary requirements designed to assist individuals to identify, escape, or stop future abuse, overcome the effects of abuse, and make informed decisions. The statewide information may be provided in one document and shall include all of the following information:

(A) Available domestic abuse, stalking, sexual assault, and sexual harassment resources and victim service providers.

(B) How the information of an applicant or recipient abuse survivor is kept confidential and when the county human services agency is legally required to disclose that information.

(C) Information on the availability of program waivers, including a specific list of program requirements that may be waived, other program requirements not listed that may be waived, the option to waive other program requirements not listed, how to request a waiver, and a waiver request form, as described in paragraph (2).

(D) Information about safety planning, including the process of identifying risks, mapping out resources, and assessing options to increase survivor safety developed by specialized workers in partnership with the abuse survivor.

(E) How the county will tailor a recipient survivor’s welfare-to-work plan and CalWORKs support services to meet their needs.

(F) Information on CalWORKs eligibility for noncitizen abuse survivors, exceptions to immigrant sponsor deeming requirements, and information on applying for legal status for noncitizen abuse survivors.

(2) A standardized waiver request form that allows an applicant or recipient to identify the specific program requirements that they need waived. The form shall include a list of program requirements that may be waived, the ability to request a waiver of a requirement that may not be specifically listed, and a way for an applicant or recipient to indicate whether they are seeking a waiver for a retroactive period of time.

(b) A county shall safely and confidentially verbally inform of, and provide, in the preferred language identified by the applicant or recipient to the extent required by law, the written materials and standardized waiver request form described in subdivision (a) to each applicant and recipient. Each county shall supplement the written materials described in subdivision (a) with the name and contact information for local service providers, local policies, and local resources.

(c) 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, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.

(d) This section shall become operative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

SEC. 7.

Section 11495.17 of the Welfare and Institutions Code is amended to read:

11495.17.

During the annual budget process, the department shall update the Legislature at hearings regarding the number of CalWORKs recipients, aggregated by county, who have been identified as potential victims of domestic abuse during the online CalWORKs appraisal process, and the number of CalWORKs recipients who have been identified as survivors of nondomestic stalking, sexual abuse, and sexual harassment. The report shall also include a summary of actions taken by the department to address the specific and unique needs of survivors of abuse.

SEC. 8.

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.