AB 2510

AB2510:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2510

An act to amend Sections 11320.3 11265.2, 11320.3, and 11325.21 of, and to amend, repeal, and add Section 11203 of, the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL'S DIGEST

AB 2510, as amended, Arambula. 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 all children to be removed from the parent or parents or that some, but not all, of the children have reunified. The bill would exempt a family participating in cooperating in the development of, or participating in, a reunification case plan from specified immunization requirements. For a family receiving state-funded CalWORKs reunification cash aid whose grant was lowered as a sanction for not cooperating with child support enforcement, as specified, the bill would require the sanction to end upon the removal of the child from the assistance unit and their placement into out-of-home care. The bill would make these provisions operative on July 1, 2027, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform any automation the department deems necessary to implement these provisions or that no automation is necessary, whichever is later, and would prohibit the implementation of these provisions from resulting in a retroactive payment or underpayment. To

If an applicant applies for assistance for a child who is currently aided in another assistance unit and the county determines that the applicant has care and control of the child and is otherwise eligible, existing law requires the county to discontinue aid to the child in the existing assistance unit and aid the child in the applicant’s assistance unit, as specified. If the county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, existing law requires the county to discontinue aid to the child at the end of the month of placement.Notwithstanding the above-described requirements to discontinue aid, if a foster care placement is with the formerly noncustodial parent of the removed child, this bill would prohibit the county from discontinuing aid to the original assistance unit if it is otherwise eligible for CalWORKs reunification cash aid, as specified.

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. The bill would also exempt an individual receiving aid as described above, when that individual is cooperating in the development of, or participating in, a reunification case plan, from the requirement to participate in welfare-to-work activities as a condition of eligibility. 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 Chapter 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) The parent or parents shall be considered living with the needy child or needy children 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 for aid as specified in subdivision (a) of Section 11450 and childcare services under Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as that article read on May 1, 2021, 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) The child has been removed from the parent or parents and placed in out-of-home care.

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

(3) The county has determined that the provision of aid as specified in subdivision (a) of Section 11450 or the provision of childcare services under Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as that article read on May 1, 2021, 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.

(c) 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.

(d) 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.

(e) This section shall become operative on July 1, 2022. Prior to this date, the department shall issue comprehensive policy, fiscal, and claiming instructions to the counties. The department shall notify the Legislature when the Statewide Automated Welfare System has automated this section.

(f) (1) This section shall become inoperative on July 1, 2027, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform any automation deemed necessary to implement Section 11203, as added by the act that added this subdivision, or that no automation is necessary, whichever date is later, and, as of January 1 of the following year, is repealed.

(2) The department shall notify the Legislature as to whether any automation is necessary to implement Section 11203, as added by the act that added this subdivision. If the department deems automation necessary to implement Section 11203, as added by the act that added this subdivision, the department shall notify the Legislature when the Statewide Automated Welfare System can perform the automation.

SEC. 2.

Section 11203 is added to the Welfare and Institutions Code, 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 Chapter 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 longer 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 or that some, but not all, of the children removed from the parent or parents have been reunified.

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

(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 cooperating in the development of, or 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) If a child or children have been removed from a CalWORKs assistance unit and placed with an adult who, prior to the removal, was a noncustodial parent, either and both of the following conditions are met:

(A) The family remains eligible for CalWORKs family reunification cash aid, if otherwise eligible pursuant to this subdivision.

(B) The parent is otherwise eligible for aid.

(c) A family participating in cooperating in the development of, or 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) A family receiving state-funded CalWORKs reunification cash aid whose grant was lowered as a sanction for not cooperating with child support enforcement pursuant to Section 11477.02 shall have the sanction end upon the removal of the child from the assistance unit and their placement into out-of-home care.

(e) 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.

(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 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.

(g) This section shall become operative on July 1, 2027, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform any automation deemed necessary to implement this section or that no automation is necessary, whichever date is later. Implementation of this section 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 of this section.

SEC. 3.

Section 11265.2 of the Welfare and Institutions Code, as amended by Section 39 of Chapter 11 of the Statutes of 2020, is amended to read:

11265.2.

(a) The grant amount a recipient shall be entitled to receive for each month of the semiannual reporting period shall be prospectively determined as provided by this section. If a recipient reports that they do not anticipate any changes in income during the upcoming semiannual period, compared to the income the recipient reported actually receiving on the semiannual report form or the annual certificate of eligibility required pursuant to Section 11265, the grant shall be calculated using the actual income received. If a recipient reports that the recipient anticipates a change in income in one or more months of the upcoming semiannual period, the county shall determine whether the recipient’s income is reasonably anticipated. The grant shall be calculated using the income that the county determines is reasonably anticipated for the upcoming semiannual period.

(b) For the purposes of the semiannual reporting, prospective budgeting system, income shall be considered to be “reasonably anticipated” if the county is reasonably certain of the amount of income and that the income will be received during the semiannual reporting period. The county shall determine what income is “reasonably anticipated” based on information provided by the recipient and any other available information.

(c) If a recipient reports that their income in the upcoming semiannual period will be different each month and the county needs additional information to determine a recipient’s reasonably anticipated income for the following semiannual period, the county may require the recipient to provide information about income for each month of the prior semiannual period.

(d) Grant calculations pursuant to subdivision (a) may not be revised to adjust the grant amount during the semiannual reporting period, except as provided in Section 11265.3 and subdivisions (e), (f), (g), and (h), and as otherwise established by the department.

(e) Notwithstanding subdivision (d), statutes and regulations relating to (1) the 48-month time limit, (2) age limitations for children under Section 11253, and (3) sanctions and financial penalties affecting eligibility or grant amount shall be applicable as provided in those statutes and regulations. Eligibility and grant amount shall be adjusted during the semiannual reporting period pursuant to those statutes and regulations effective with the first monthly grant after timely and adequate notice is provided.

(f) Notwithstanding Section 11056, 11056 and except as provided in paragraph (2) of subdivision (g), if an applicant applies for assistance for a child who is currently aided in another assistance unit, and the county determines that the applicant has care and control of the child, as specified by the department, and is otherwise eligible, the county shall discontinue aid to the child in the existing assistance unit and shall aid the child in the applicant’s assistance unit effective as of the first of the month following the discontinuance of the child from the existing assistance unit.

(g) (1)If the county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, the county shall discontinue aid to the child at the end of the month of placement. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.

(2) Notwithstanding paragraph (1), if the foster care placement is with the formerly noncustodial parent of the removed child, the county shall not discontinue aid to the original assistance unit if it is otherwise eligible for CalWORKs reunification cash aid pursuant to subdivision (b) of Section 11203. The parent with whom child welfare services places the child shall also receive CalWORKs aid, if the parent applies and is otherwise eligible.

(h) If the county determines that a recipient is no longer a California resident, pursuant to Section 11100, the recipient shall be discontinued with timely and adequate notice. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.

(i) This section shall become inoperative on May 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11265.2, 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 11265.2 of the Welfare and Institutions Code, as added by Section 40 of Chapter 11 of the Statutes of 2020, is amended to read:

11265.2.

(a) The grant amount a recipient shall be entitled to receive for each month of the semiannual reporting period shall be prospectively determined as provided by this section. If a recipient reports that they do not anticipate any changes in income during the upcoming semiannual period, compared to the income the recipient reported actually receiving on the semiannual report form or the annual certificate of eligibility required pursuant to Section 11265, the grant shall be calculated using the actual income received. If a recipient reports that the recipient anticipates a change in income in one or more months of the upcoming semiannual period, the county shall determine whether the recipient’s income is reasonably anticipated. The grant shall be calculated using the income that the county determines is reasonably anticipated for the upcoming semiannual period.

(b) For the purposes of the semiannual reporting, prospective budgeting system, income shall be considered to be “reasonably anticipated” if the county is reasonably certain of the amount of income and that the income will be received during the semiannual reporting period. The county shall determine what income is “reasonably anticipated” based on information provided by the recipient and any other available information.

(c) If a recipient reports that their income in the upcoming semiannual period will be different each month and the county needs additional information to determine a recipient’s reasonably anticipated income for the following semiannual period, the county may require the recipient to provide information about income for each month of the prior semiannual period.

(d) Grant calculations pursuant to subdivision (a) may not be revised to adjust the grant amount during the semiannual reporting period, except as provided in Section 11265.3 and subdivisions (e), (f), (g), and (h), and as otherwise established by the department.

(e) Notwithstanding subdivision (d), statutes and regulations relating to (1) the 60-month time limit, (2) age limitations for children under Section 11253, and (3) sanctions and financial penalties affecting eligibility or grant amount shall be applicable as provided in those statutes and regulations. Eligibility and grant amount shall be adjusted during the semiannual reporting period pursuant to those statutes and regulations effective with the first monthly grant after timely and adequate notice is provided.

(f) Notwithstanding Section 11056, 11056 and except as provided in paragraph (2) of subdivision (g), if an applicant applies for assistance for a child who is currently aided in another assistance unit, and the county determines that the applicant has care and control of the child, as specified by the department, and is otherwise eligible, the county shall discontinue aid to the child in the existing assistance unit and shall aid the child in the applicant’s assistance unit effective as of the first of the month following the discontinuance of the child from the existing assistance unit.

(g) (1)If the county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, the county shall discontinue aid to the child at the end of the month of placement. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.

(2) Notwithstanding paragraph (1), if the foster care placement is with the formerly noncustodial parent of the removed child, the county shall not discontinue aid to the original assistance unit if it is otherwise eligible for CalWORKs reunification cash aid pursuant to subdivision (b) of Section 11203. The parent with whom child welfare services places the child shall also receive CalWORKs aid, if the parent applies and is otherwise eligible.

(h) If the county determines that a recipient is no longer a California resident, pursuant to Section 11100, the recipient shall be discontinued with timely and adequate notice. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.

(i) This section shall become operative on May 1, 2022, 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. 3.SEC. 5.

Section 11320.3 of the Welfare and Institutions Code is amended to read:

11320.3.

(a) (1) Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.

(2) Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) 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 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 not be required to participate for so long as the condition continues to exist.

(C) For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the person’s parent, acting on the person’s behalf, submits a written statement expressing the person’s intent to enroll in 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 that 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 childcare.

(II) Local labor market conditions.

(III) Other factors determined by the county.

(iv) Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.

(B) In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.

(7) A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.

(8) An individual receiving aid or services pursuant to subdivision (b) of Section 11203 who is cooperating in the development of, or participating in, a CalWORKs family reunification plan.

(c) An 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 the individual’s 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 deferred, as described in Section 11332, or whose only basis for exemption is paragraph (1), (2), (5), (6), or (7) 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. Participating, exempt, or deferred custodial parents shall remain eligible to receive case management and supportive services, if available, and are not subject to sanctions.

(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 a custodial parent who is 18 or 19 years of age 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 human services agency 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 human services agency 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 their family.

(3) Licensed or license-exempt childcare 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 childcare have broken down or have been interrupted, or childcare 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 childcare 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 childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.

(4) Denial of reasonable accommodations for pregnant or parenting students in violation of Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).

SEC. 4.SEC. 6.

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 family 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, 2027, 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. 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. 5.SEC. 7.

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 family 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, 2027, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever is later.

SEC. 6.SEC. 8.

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

SEC. 7.SEC. 9.

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.