AB 1728

Bill Subjects

Abstract

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. Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, except for specified persons, including a parent or other relative who has primary responsibility for personally providing care to a child 6 months of age or under, except that the period may be reduced to the first 12 weeks after birth or adoption or increased to the first 12 months after birth or adoption. Existing law authorizes an individual to be exempted only once pursuant to that exemption, and requires a 12-week exemption for any subsequent children, except as specified. Existing law also exempts a parent or other caretaker relative who has primary responsibility for personally providing care to one child from birth to 23 months and authorizes an individual to be exempted pursuant to this provision once. Existing law authorizes an individual not required to participate in welfare-to-work activities to participate voluntarily if the individual's status has not changed in a way that would require participation. This bill would, among other things, expand the exemption for a parent or other relative providing care to a child by instead exempting parents and other relatives who have primary responsibility for personally providing care to a child 2 years of age or younger, for up to 24 cumulative months for the same child or for a combination of that child and subsequent children. For a 2-parent family, the bill would authorize only one parent to claim that exemption and would authorize the parents to notify the county of the parent claiming the exemption. The bill would require the State Department of Social Services to develop a method for counties to allocate the exemption period between parents if parents do not notify the county which parent is claiming the exemption. The bill would also exempt, for up to 4 months, a recipient who is disabled by pregnancy, childbirth, or a related medical condition, as specified, and would require the county to extend the period if there is a statement from the recipient's health care provider that the recipient needs more time. By expanding eligibility for CalWORKs, this bill would impose a state-mandated local program. The bill would require that an individual who is exempt from participating in welfare-to-work activities pursuant to the above-described exemptions be provided a notice of action informing the individual that, among other things, they are exempt from participation and they have the right to voluntarily participate in a welfare-to-work activity of their choice. The bill would require that notice of action to be accompanied by a specified form relating to voluntary participation. The bill would require a voluntary participant's welfare-to-work plan to be deemed adopted if the county fails to act on the plan within 30 days of receiving it. By increasing county duties relating to the administration of the CalWORKs program, the bill would impose a state-mandated local program. The bill would authorize the department to implement these provisions by all-county letter or similar instruction and would require the all-county letter or similar instruction to be issued no later than April 1, 2023. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions. 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.