California Senate Bill SB1293 Latest Draft

 BILL NUMBER: SB 1293AMENDED BILL TEXT AMENDED IN SENATE JUNE 13, 2012 INTRODUCED BY Senator Emmerson FEBRUARY 23, 2012 An act to  add Section 110673.1 to the Health and Safety Code, relating to food.   amend Section 11253.5 of, to amend and repeal Sections 11450.01, 11450.015, 11450.017, 11450.018, 11450.019, 11450.02, 11450.03, and 11454.6 of, to amend, add, and repeal Sections 11450 and 11451.5 of, to amend, repeal, a   nd add Sections 11253.3, 11454, 11454.5, and 11475.3 of, to add Sections 11271, 11271.5, 11272, 11273, 11274, 11275, 11276, 11277, 11278, 11279, 11280, 11281, 11282, 11283, 11329.6, 11334.9, 11453.3, and 11496 to, to add Article 3 (commencing with Section 11300), Article 3.5 (commencing with Section 11330), Article 4 (commencing with Section 11340), and Article 8 (commencing with Section 11520) to Chapter 2 of Part 3 of Division 9 of, to repeal   Section   11454.2 of, and to repeal Article 2.2 (commencing with Section 11271), Article 2.5 (commencing with Section 11275), Article 3.2 (commencing with Section 11320.33), Article 3.5 (commencing with Section 11331), Article 3.6 (commencing with Section 11336), Article 3.9 (commencing with Section 11349), Article 4 (commencing with Section 11350.61), Article 8 (commencing with Section 11500), Article 9 (commencing with Section 11520), Article 9.5 (commencing with Section 11525), and Article 9.7 (commencing with Section 11526) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, relating to CalWORKs, and declaring the urgency thereof, to take effect immediately.  LEGISLATIVE COUNSEL'S DIGEST SB 1293, as amended, Emmerson.  Food safety: allergens.   CalWORKs program.   Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California's version of this program being known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria, including limitations on income and assets generally applicable to public assistance programs. Existing law establishes maximum aid amounts for CalWORKs recipients, with adjustments for cost-of-living, as specified.   Under existing law, operative as specified, a parent or caretaker relative is not eligible for CalWORKs aid after he or she has received CalWORKs aid or TANF aid from any state, for a cumulative total of 48 months. However, months during which certain conditions exist are not counted toward a recipient's 48-month aid limit. Under existing law, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities.   This bill would restructure, revise, and recast various aspects of the law relating to the CalWORKs program, beginning on the later of the first day of the first month following 90 days after the effective date of the bill, or October 1, 2012. The bill would create 3 separate categories of aid under the program. The CalWORKs Basic Program would provide up to 24 months of welfare-to-work and supportive services to eligible families. The CalWORKs Plus Program would provide for a higher grant level for recipients meeting federal work participation requirements. The Child Maintenance Program would apply to an assistance unit that does not include an eligible adult, and would provide specified aid, including cash aid, and an annual well-child medical exam, to the assistance unit. The bill would specify the eligibility requirements and time limits for each aid category.   This bill would decrease the amount of CalWORKs maximum aid payments, and would establish maximum aid payment schedules for CalWORKs Basic, CalWORKs Plus, and the Child Maintenance Program. The bill also would revise the schedules pursuant to which an assistance unit's earned income would be exempted for purposes of calculating family income in determining the appropriate maximum aid payment.   This bill would eliminate the existing Cal-Learn Program, which is currently suspended under existing law, and would provide instead for a welfare-to-work teen parent program, which would require cash supplements to be paid to the assistance unit of which the teen parent is a member, when the teen parent maintains satisfactory progress in school and satisfactorily completes high school or a California high school equivalency examination.   This bill would include within the cumulative 48-month time limit for aid all months of aid received from January 1, 1998, to the operative date of the bill.   This bill also would make numerous technical, nonsubstantive, and conforming changes.   This bill would authorize the State Department of Social Services to implement and administer the bill through all-county letters or similar instructions from the director until regulations are adopted. The bill would require the department to adopt emergency regulations implementing its provisions no later than July 1, 2014.   By imposing new duties on counties in connection with the administration of the CalWORKs program, and by expanding certain circumstances under which an assistance unit would be required to submit documentation signed under penalty of perjury, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.   With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.   This bill would declare that it is to take effect immediately as an urgency statute.   Existing federal law deems food to be misbranded if it contains a major food allergen, as defined, unless the labeling contains specified information.   The existing Sherman Food, Drug, and Cosmetic Law, administered and enforced by the State Department of Public Health, provides that any food is misbranded if the labeling does not conform with the federal requirements for food allergen labeling. Violation of the law or any regulation adopted pursuant to the law is a misdemeanor.   This bill would require, to the extent permitted by federal law, the State Department of Public Health to adopt certain standards for use of the terms "gluten free" and "wheat free" on food labels. By changing the definition of a crime, this 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 no reimbursement is required by this act for a specified reason.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 11253.3 of the   Welfare and Institutions Code   is amended to read:  11253.3. (a) On and after the effective dates of the age extensions provided in subdivision (k) of Section 11403, a nonminor dependent, as defined in subdivision (v) of Section 11400, who was receiving CalWORKs aid and was placed in the approved home of a relative under the supervision of the county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1, and who has become eligible for continued receipt of CalWORKs pursuant to Section 11403, shall not be subject to this chapter, except as specified in subdivision (b). (b) The nonminor dependent shall continue to receive the same grant amount as a CalWORKs grant recipient in an assistance unit of one, pursuant to the amount set forth in Section 11450. Any changes to the CalWORKs grant amount shall also apply to the nonminor dependent's grant.  (c) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 2.   Section 11253.3 is added to the   Welfare and Institutions Code   , to read:   11253.3. (a) On and after the effective dates of the age extensions provided in subdivision (k) of Section 11403, a nonminor dependent, as defined in subdivision (v) of Section 11400, who was receiving CalWORKs aid and was placed in the approved home of a relative under the supervision of the county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1, and who has become eligible for continued receipt of CalWORKs pursuant to Section 11403, shall not be subject to this chapter, except as specified in subdivision (b). (b) The nonminor dependent shall continue to receive the same grant amount as a CalWORKs Basic Program grant recipient in an assistance unit of one in the amount set forth in Section 11450. Any changes to the CalWORKs grant amount shall also apply to the nonminor dependent's grant. (c) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.   SEC. 3.   Section 11253.5 of the   Welfare and Institutions Code   is amended to read:  11253.5. (a) All children in an assistance unit for whom school attendance is compulsory,  except individuals who are eligible for the Cal-Learn Program under Article 3.5 (commencing with Section 11331), for any period during which that article is operative,  and children subject to a county school attendance project under Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6, shall be required to attend school. (b) Applicants for and recipients of aid under this chapter shall be informed of the attendance requirement and it shall be included in the recipient's welfare-to-work plan under Section 11325.21. (c) A recipient shall cooperate in providing the county with documentation routinely available from the school or school district of regular attendance of all applicable children in the assistance unit when the county determines it is appropriate. (d) If it is determined by the county that any eligible child under the age of 16 years is not regularly attending school as required, the needs of all adults in the assistance unit shall not be considered in computing the grant of the family under Section 11450 unless it has been determined by the county that good cause exists. (e) If it is determined by the county that any child in the assistance unit who is age 16 years or older is not regularly attending school as required, or participating pursuant to a welfare-to-work plan, the needs of the child shall not be considered in computing the grant of the family under Section 11450 unless it has been determined by the county that good cause exists.  SEC. 4.   Article 2.2 (commencing with Section 11271) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 5.   Section 11271 is added to the   Welfare and Institutions Code   , to read:   11271. For purposes of this article, the following definitions shall apply: (a) "Restricted payment" means payment of homeless assistance benefits in the form of either of the following: (1) A vendor payment to the provider of shelter or utilities, or both. (2) A two-party payment for rent or utilities, or both. (b) "Recipient" means a recipient of aid pursuant to subdivision (a) of Section 11450. (c) "Two-party payment" means a check which is drawn jointly to the order of the recipient and the service provider and is negotiable only upon the endorsement of both parties. (d) "Vendor payment" means a voucher or a check drawn to the order of the service provider. (e) "Homeless assistance benefits" means benefits paid pursuant to paragraph (2) of subdivision (f) of Section 11450 and Section 11450.4.   SEC. 6.   Section 11271.5 is added to the  Welfare and Institutions Code   , to read:   11271.5. (a) Restricted payments for homeless assistance benefits shall be provided by a county welfare department to a recipient, if either or both of the following criteria are met: (1) The recipient has mismanaged CalWORKs funds, as described in Section 11273 and in accordance with federal law. (2) The recipient has voluntarily requested restricted payments. (b) A request pursuant to paragraph (2) of subdivision (a) shall be in writing from the recipient and shall be recorded and retained in the case file by the county welfare department. (c) At the option of the county welfare department, restricted payments made pursuant to subdivision (a) may be made for utilities as well as shelter.   SEC. 7.   Section 11272 is added to the   Welfare and Institutions Code   , to read:   11272. When restricted payments are provided to a recipient, the county welfare department shall do all of the following: (a) Issue the vendor or two-party payment by either of the following methods, at the discretion of the county: (1) Mail or delivery to the recipient for delivery to the service provider. (2) Mail or delivery directly to the service provider. (b) In order to develop greater ability on the part of the recipient to manage funds in a manner that protects the welfare of the family: (1) Provide each family with informational materials designed to improve the recipient's ability to manage funds. (2) Refer the family to appropriate services, where those services exist. (c) Provide for timely and correct vendor payments and two-party payments.   SEC. 8.  Section 11273 is added to the   Welfare and Institutions Code   , to read:   11273. (a) Homeless assistance provided pursuant to paragraph (2) of subdivision (f) of Section 11450 shall be subject to restricted payments consistent with federal regulations if the county welfare department has made a determination that mismanagement exists. Instances where mismanagement exists include, but are not limited to, the following: (1) Nonpayment of rent unless nonpayment is due to: (A) A rent increase that results in the recipient's share of the rent being over 80 percent of the maximum aid payable pursuant to Section 11450. (B) Domestic violence by a spouse, partner, or roommate. (C) Reasonable exercise of a tenant's right to withhold rent for cause. (2) The homeless assistance payment was not used for shelter. (3) The recipient or applicant fails to provide verification that homeless assistance payments were used for shelter. (b) To the extent allowed by federal law, the department is authorized to issue regulations defining additional situations when mismanagement may exist.   SEC. 9.   Section 11274 is added to the   Welfare and Institutions Code   , to read:   11274. (a) Notwithstanding Section 11271, for purposes of this section, the following definitions shall apply: (1) "CalWORKs benefits" means benefits paid pursuant to subdivision (a) of Section 11450. (2) "Recipient" means a recipient of aid pursuant to subdivision (a) of Section 11450. (3) "Restricted payment" means payment of CalWORKs benefits in the form of either of the following: (A) A vendor payment to the provider of shelter or utilities, or both. (B) A two-party payment for rent or utilities, or both. (4) "Two-party payment" means a check that is drawn jointly to the order of the recipient and the service provider and is negotiable only upon the endorsement of both parties. (5) "Vendor payment" means a voucher or check drawn to the order of the service provider. (b) A county may, at its option, provide restricted payments for CalWORKs on behalf of a recipient to the provider of shelter or utilities, or both, if the county determines that the recipient has demonstrated an inability to manage funds such that payments to the relative have not been or are not currently used in the best interest of the child. A recipient shall be presumed to have mismanaged funds if he or she has previously failed to pay rent within the past 12 months, unless the failure was due to a significant rent increase, a reasonable exercise of a tenant's right to withhold rent for repair and deduct, or domestic violence by a spouse, partner, or roommate. (c) If the county, at its option, elects to establish a program to provide restricted payments to the provider of shelter or utilities, or both, the county shall do all of the following: (1) Provide restricted payments on behalf of recipients who request them, in addition to making involuntary restricted payments to those persons to whom subdivision (b) applies. (2) Continue voluntary restricted payments for not less than three months, unless the county determines that exceptional circumstances exist that require that the restricted payments be ended earlier. (3) If a recipient notifies the county at least two weeks prior to the issuance of the next regular rental payment that he or she wishes to exercise his or her right to withhold rent due to untenantable conditions, issue a two-party check to the recipient requiring endorsement of both the landlord and the recipient. (4) If a recipient notifies the county at least two weeks prior to the issuance of the next regular rental payment that he or she wishes to exercise his or her right to repair and deduct the money pursuant to Section 1942 of the Civil Code, and the amount the tenant wishes to deduct, deduct that amount from the restricted payment to the landlord and add the amount to the recipient's grant check. (5) If a recipient notifies the county at least two weeks prior to the issuance of the next regular rental payment that he or she intends to move, provide the next regular rental payment to the new landlord. If the recipient indicates his or her intent to move but does not provide the name and address of the new landlord, the county shall terminate restricted payments for rent until the name and address of a new landlord is provided. (d) (1) In no case is a landlord entitled to payment under this section for days that the recipient was not residing at the landlord' s property. (2) If a landlord does receive a restricted payment pursuant to this section for days that the recipient did not reside at the landlord's property, the landlord shall remit to the county welfare department an amount that represents the overpaid rent. (3) The county may not assess an overpayment against a recipient for payments made to a landlord for periods in which the recipient was not residing at that location. (4) A landlord may not base an eviction or late fee upon failure to receive rent due to county administrative error. (5) If the notice from the recipient is given less than two weeks prior to a move, the county shall pay the new landlord as soon as practicable. (6) Nothing in this subdivision shall be construed to prevent a landlord accepting restricted payments from pursuing existing remedies against a tenant or former tenant for money that may be owed by the tenant to the landlord. (e) Restricted payments shall expire after a period of 12 months, unless the recipient requests a continuation of that period or the county finds that the recipient continues to experience money management problems. The county shall provide notification to the recipient within 30 days of the expiration of the restricted payment. (f) When restricted payments are provided on behalf of a recipient, the county welfare department shall do all of the following: (1) Either of the following: (A) Mail or deliver the voucher or check to the recipient for delivery to the service provider. (B) Mail or deliver the voucher or check directly to the service provider. (2) Provide timely notification to the recipient that the restricted payment has been made. (3) Refer the family to appropriate money management services, where those services exist. (g) If the restricted payment involves a third party, the third-party payee shall be an individual or organization interested in, or concerned with, the recipient's welfare, and shall not include any employees of the county welfare department or parties that are vendors that stand to gain financially from doing commercial business with the recipient. To the extent possible, the selection of a third-party payee shall be made by the recipient, or with his or her participation and consent. (h) Any landlord who accepts a restricted payment of CalWORKs benefits shall not require his or her tenant to pay the last month's rent in advance or retain any portion of the tenant's security deposit as rent owing. (i) (1) Nothing in this section shall be construed to prevent a landlord who accepts a restricted payment of rent pursuant to this section from charging a cleaning or damage deposit, or a deposit for both cleaning and damage, in an amount that does not exceed an amount equal to rent for one month. (2) Nothing in this section shall be construed to limit the rights of tenants provided under Section 1942 of the Civil Code.   SEC. 10.   Article 2.5 (commencing with Section 11275) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 11.   Section 11275 is added to the   Welfare and Institutions Code   , to read:   11275. (a) Only verification of information necessary to determine past or present eligibility for, or the computation or delivery of, aid shall be requested from an applicant for or recipient of aid under this chapter. Additional information necessary for the administration of the CalWORKs program may be requested, but the individual's eligibility for aid shall not be delayed, denied, or terminated due to his or her inability to provide this information. (b) Within 10 days from the date of application, the county shall identify and provide written notice of documents and alternative documents, if applicable, that may be submitted to verify eligibility.   SEC. 12.   Section 11276 is added to the   Welfare and Institutions Code   , to read:   11276. (a) Whenever a former recipient of aid applies for aid before the expiration of one year from the effective date of discontinuance, the county shall examine the existing case file to determine whether the necessary verification is in the possession of the county if any of the following criteria are present: (1) The applicant does not have easy access to the verification. (2) There is a cost associated with obtaining the verification. (3) The time needed to obtain the verification would delay the application. (b) The county shall not be required to examine the existing case file if it would be unreasonable to expect the file to contain the needed verification because the circumstance for which the verification is needed did not exist during the period for which the applicant previously received aid. (c) Notwithstanding subdivision (a), whenever a former recipient of aid applies for aid within the calendar month following the effective date of a discontinuance, a county shall not require the former recipient to furnish any documentation previously provided to the county unless the documentation is absent from the existing file and the documentation affects eligibility or the amount of aid. (d) The retrieval and examination of the file shall be conducted in a timely manner to ensure the prompt determination of eligibility for aid. (e) At the time an applicant described in subdivisions (a) and (c) is requested to obtain and submit to the county verification of eligibility, the county shall inform the applicant, in writing, of the requirements of this section.   SEC. 13.   Section 11277 is added to the   Welfare and Institutions Code   , to read:   11277. (a) When an applicant or recipient establishes that he or she has made a good faith effort to obtain information or verification from a third party, including any other public agency, and the third party fails or refuses to provide the information or verification or seeks to impose a charge or fee for providing the information to the applicant or recipient, the county shall assist the applicant or recipient in obtaining the information or verification from the third party, and when necessary, shall obtain the document. (b) If it is necessary to pay a fee imposed by a third party to obtain the information or verification, the county shall pay that fee on behalf of the applicant or recipient. (c) If the county finds that the applicant or recipient has not made a good faith effort to obtain the information or verification, it shall document its reasons for the finding in the individual's file. (d) Any notice requesting verification shall clearly inform applicants and recipients of the requirements of this section.   SEC. 14.   Section 11278 is added to the   Welfare and Institutions Code   , to read:   11278. No application for aid may be denied for failure to provide verification if the applicant is cooperating in obtaining the information requested, except as required by Section 11268.   SEC. 15.   Section 11279 is added to the   Welfare and Institutions Code   , to read:   11279. (a) If an applicant is denied assistance solely due to failure to provide verification of eligibility, but subsequently submits all required verifications within 30 days of the date of the denial notice, denial shall be rescinded, and if eligibility is approved, aid shall be granted based on the original application. (b) The notice of denial of aid for failure to provide verification of eligibility shall advise the applicant of his or her right to have the denial rescinded if he or she meets the requirements of this section.   SEC. 16.   Section 11280 is added to the   Welfare and Institutions Code   , to read:   11280. (a) In complying with Section 10353 of the Public Contract Code, a contractor shall give priority consideration to qualified recipients of aid under this chapter. For purposes of this section, priority consideration means that a contractor shall hire all qualified job applicants who are recipients of aid under this chapter and who apply within five working days of the listing of the job opening with the Employment Development Department, before hiring any other applicant. (b) Notwithstanding any other law, participation by a recipient of aid under this chapter shall be voluntary only, and in no event shall any person be subject to sanctions, through loss of benefits or eligibility, for not applying for, accepting, or continuing in such a position. (c) Contractors shall immediately list with the appropriate local office of the Employment Development Department all suitable employment openings in positions funded by a contract subject to Section 10353 of the Public Contract Code. The Employment Development Department shall advise qualified recipients of aid of these openings and shall refer them to the contractor within five working days from the listing of the openings. The Employment Development Department shall advise recipients of aid of the voluntary nature of an application for such an opening, and that the recipients shall have priority in being hired for these openings, provided the recipient possesses all the necessary skills and meets all requirements of the employer. (d) This section and Section 10353 of the Public Contract Code may be waived by the Governor, if requested to do so by the state agency involved, in order to address an emergency which threatens the public health or safety, the state's natural resources, or the economy. If an emergency waiver is granted, notification including reasons for the waiver shall be forwarded to the Joint Legislative Budget Committee within five working days.   SEC. 17.   Section 11281 is added to the   Welfare and Institutions Code   , to read:   11281. The order to show cause or notice of motion described in subdivision (j) of Section 17520 of the Family Code shall be filed and heard in the superior court. If, however, criminal proceedings pursuant to paragraph (4) of subdivision (a) of Section 166 of the Penal Code, relating to a support order, or pursuant to Section 270 of the Penal Code are pending against the applicant in the municipal court, in a county in which there is a municipal court, an order to show cause or notice of motion for judicial review of the district attorney's decision not to issue a release may be filed and heard in that court.   SEC. 18.   Section 11282 is added to the   Welfare and Institutions Code   , to read:   11282. (a) Whenever an unrelated adult resides with a family applying for or receiving aid under this chapter, he or she shall be required to make a financial contribution to the family which shall not be less than it would cost to provide the adult with an independent living arrangement. (b) The minimum financial contribution to the family shall be determined in accordance with standards established by the department that take into account the adult person's income and expenses. The regulations formulated by the department shall require the parent or caretaker relative of the children and the unrelated adult to present all of the facts in connection with the sharing of expenses which comprise the agreement whereby that adult resides with the family. The conditions of the agreement and the facts related to the sharing of the family expenses shall be signed under penalty of perjury by both the parent or caretaker relative of the child and the unrelated adult. In the event that either the parent, caretaker relative, or the unrelated adult willfully and knowingly fails to cooperate during the period when the joint sharing of expenses arrangement exists in setting forth all of the facts in accordance with provisions of this section, aid to the family may be discontinued. (c) This section does not apply to a bona fide paying lodger, roomer, or boarder living in the home of a family applying for or receiving aid under this chapter.   SEC. 19.   Section 11283 is added to the   Welfare and Institutions Code   , to read:   11283. (a) Any parent whose absence is the basis upon which an application is filed for aid on behalf of a child shall complete and return to the county within 15 days after service pursuant to Section 17415 of the Family Code a written statement of his or her current monthly income, his or her total income over the past 12 months, a description of all real and personal property owned by him or her, together with an estimate of its value, the number of dependents for whom he or she is providing support, the amount he or she is contributing regularly toward the support of all children for whom application for aid is made under this chapter, his or her social security number, his or her current monthly living expenses, and any other information as is pertinent to determining his or her ability to support his or her children. (b) A violation of this section constitutes a misdemeanor.   SEC. 20.   Article 3 (commencing with Section 11300) is added to Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   , to read:   Article 3. CalWORKs Basic Program 11300. (a) This article shall be known and may be cited as the CalWORKs Basic Program. (b) The Legislature finds and declares as follows: (1) The CalWORKs program, which replaced the federal Aid to Families with Dependent Children program in 1998, contains federally required time limits on the receipt of aid and work participation requirements for adult recipients. CalWORKs also provides monthly assistance to children whose parents are not eligible for aid. (2) Initially, counties were successful in moving employable CalWORKs families to the labor market, evidenced by the substantial decline in the welfare caseload from 921,000 cases in 1994-95 to a low of 460,000 cases in 2006- 07. (3) With the steep rise in unemployment stemming from the recession, the caseload has increased and its composition has changed. Over time, the caseload of children receiving aid has become larger than the caseload that is subject to work requirements. Additionally, severe budget reductions, including cuts to employment and child care services, have further constrained the work first/work pays focus of the program. (4) Absent any changes, General Fund costs for CalWORKs are projected to grow by more than five hundred million dollars ($500,000,000) in 2012-13, compared to the 2011 Budget Act. For the last two fiscal years, the state has achieved savings through a significant reduction in funding for counties to provide employment and child care. Over time, however, these changes have significantly eroded the work focus of the CalWORKs program, and left the state more vulnerable to federal penalties related to the state's work participation rate. Also, in 2005, federal welfare reform was modified to further restrict countable work activities and to require states to have 50 percent of the program's caseload meeting federal work participation levels. (5) Thus, major programmatic changes are necessary to refocus the work emphasis of the program and better utilize the state's limited resources. The CalWORKs program will be restructured to include initial work-focused services and a work mandate aligned to federal requirements. (6) Initially, the CalWORKs Basic Program shall assist work-eligible families to move toward self-sufficiency by providing up to 24 months of welfare-to-work services, including job search, employment training, child care, and barrier removal services, such as substance abuse, mental health, and assistance for victims of domestic violence. (7) Recipients who do not meet work requirements via unsubsidized employment after an initial job search shall be placed in the CalWORKs Basic Program and shall be required to participate in welfare-to-work activities. After the first 12 months, each adult shall again participate in job search. If, during the second 12 months, an adult remains unable to find unsubsidized employment, the adult shall continue to participate in welfare-to-work activities, including subsidized job placements. (8) The substantial caseload of children-only households will receive aid under a new Child Maintenance Program designed to provide these households with a basic level of income maintenance. Recipients who do not meet federal work participation requirements after 24 months or cases in sanction status for more than three months will also be eligible for the Child Maintenance Program. 11301. (a) Upon a determination of eligibility for CalWORKs, an assistance unit that includes an eligible adult shall receive assistance under the CalWORKs Basic Program in accordance with this article. (b) Unless exempt in accordance with subdivision (b) of Section 11320.3, an adult member of an assistance unit that is eligible for the CalWORKs Basic Program shall participate in welfare-to-work activities as required in this article and shall receive supportive services in accordance with Section 11323.2. (c) Except as provided in Section 11327.5 and in subdivision (f), an assistance unit eligible for aid under this article shall receive a grant in accordance with the maximum aid payment for the CalWORKs Basic Program in the appropriate region, in accordance with Section 11450, that corresponds to the number of individuals in the assistance unit. (d) The earned income disregard described in subdivision (a) of Section 11451.5 and the child support disregard described in Section 11475.3 shall apply to the income of the family for purposes of calculating grants provided under the CalWORKs Basic Program. (e) (1) Notwithstanding subdivision (a) or any other law, an assistance unit in which all adults have been sanctioned for a cumulative total of three months within a consecutive 12-month period in accordance with Sections 11327.4 and 11327.5 shall be ineligible for the CalWORKs Basic Program until any sanction or sanctions are cured. (2) If an assistance unit that has previously become ineligible for the CalWORKs Basic Program in accordance with paragraph (1) is subject to any subsequent sanction and all adults in the assistance unit are sanctioned, the assistance unit shall be ineligible for the CalWORKs Basic Program commencing the month in which the sanction was applied to the assistance unit. (3) If a sanction described in this subdivision is cured in accordance with subdivision (d) of Section 11327.5, the assistance unit shall be eligible for the CalWORKs Basic Program in accordance with Section 11305 the month subsequent to the month in which the sanction was cured. (f) (1) An assistance unit that includes an individual who cured a sanction and who became eligible for the CalWORKs Basic Program in accordance with paragraph (3) of subdivision (e) shall receive a grant in accordance with the maximum aid payment for the CalWORKs Basic Program in the appropriate region in accordance with Section 11450 that corresponds to the number of individuals in the assistance unit with the exception of the member who was subject to the sanction. (2) If the individual described in paragraph (1) remains compliant with the welfare-to-work requirements described in this article for a period of two calendar months, the grant to an assistance unit described in paragraph (1) shall be adjusted to also include the member who was subject to the sanction. (3) An individual who does not remain compliant in accordance with paragraph (2) shall be subject to sanction in accordance with paragraph (2) of subdivision (e). 11302. (a) An assistance unit that meets the requirements of Section 11301 is eligible for CalWORKs Basic Program assistance for a cumulative period of 24 months. (b) For an assistance unit that contains an eligible adult who has never received assistance under this chapter, or from any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)), the 24-month time limit described in this section shall elapse simultaneously with the time requirements described in Section 11454. (c) Notwithstanding subdivision (a) or any other law, an assistance unit that contains an eligible adult who has received assistance under this chapter, or from any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)), shall remain eligible for the CalWORKs Basic Program until the date the CalWORKs Plus Program becomes operative pursuant to Section 11333, unless either of the following applies: (1) The adult exceeds the 48-month time limitation described in Section 11454 prior to the date the CalWORKs Plus Program becomes operative pursuant to Section 11333. (2) The adult is ineligible for the CalWORKs Basic Program in accordance with subdivision (e) of Section 11301. (d) (1) Commencing the date the CalWORKs Plus Program becomes operative pursuant to Section 11333, any month of aid received between January 1, 1998, and the operative date of the CalWORKs Plus Program, inclusive, that was not applied to the time limits described in subdivision (a) of Section 11454, in accordance with Sections 11454, 11454.5, and 11495.1, as they existed immediately prior to the operative date of the act that added this section, shall be applied to the assistance unit's remaining period of eligibility for CalWORKs Basic Program assistance described in subdivision (a). (2) Paragraph (1) shall not apply to any month of aid that was not applied to the time limits described in this subdivision pursuant to paragraph (1) of subdivision (a) of Section 11454.5, as added by the act that added this subdivision. (e) (1) In the case of an individual who has received months of aid as described in paragraph (2) of subdivision (a) of Section 11454.5, as added by the act that added this subdivision, the time limitations described in this section shall apply without consideration of those months. (2) If an assistance unit that includes an individual described in paragraph (1) is eligible for the Child Maintenance Program described in Article 4 (commencing with Section 11340) or the CalWORKs Plus Program described in Article 3.5 (commencing with Section 11330), notwithstanding subdivision (a) of Section 11342 and in accordance with subdivision (a) of Section 11332, the calculation of the grant for the assistance unit shall also include that individual as a member of the assistance unit for the number of months the individual was exempt from the 48-month time limitation described in Section 11454. (f) For an assistance unit that contains more than one eligible adult, the time limits described in this section shall be based on the eligible adult who has received assistance for the least period of time. 11303. An assistance unit that does not contain an eligible adult, that has received CalWORKs Basic Program assistance in excess of the time requirements described in Section 11302, or that is ineligible for the CalWORKs Basic Program in accordance with subdivision (e) of Section 11301, that is otherwise eligible for aid under this chapter, shall be eligible for assistance in the Child Maintenance Program described in Article 4 (commencing with Section 11340). 11304. Commencing on the date the CalWORKs Plus Program becomes operative pursuant to Section 11333, an assistance unit that is eligible for the CalWORKs Basic Program that meets the work participation requirements described in Sections 11320 and 11322.8 solely by means of unsubsidized employment shall be eligible for the CalWORKs Plus Program described in Article 3.5 (commencing with Section 11330). 11305. (a) If an assistance unit that is eligible under this article, Article 3.5 (commencing with Section 11330) or Article 4 (commencing with Section 11340), becomes eligible for the CalWORKs Plus Program, or becomes ineligible for the CalWORKs Plus Program or the CalWORKs Basic Program, the assistance unit shall be eligible for assistance under this article, Article 3.5 (commencing with Section 11330), or Article 4 (commencing with Section 11340), as of the first day of the next calendar month. (b) If the change in eligibility described in subdivision (a) results in a decrease in the grant amount provided to the assistance unit, that change shall become effective on the first day of the next calendar month following timely and adequate notice of the adverse action. 11320. It is the intent of the Legislature that all of the following occur: (a) Individuals required to participate in welfare-to-work-activities in accordance with Section 11320.3 meet the federal work participation requirements under Section 607(c) of Title 42 of the United States Code. (b) Participants meet the minimum average hours per week as described in Section 607(c) of Title 42 of the United States Code, subject to the limitations on the types of activities, limitations on certain activities, and special rules described in that section. (c) The welfare-to-work procedures described in this article shall be implemented in accordance with the requirements of Section 11322.8, and notwithstanding this article or any other law, be interpreted consistent with the requirements of Section 607(c) of Title 42 of the United States Code. 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 607(d) of Title 42 of the United States Code, 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 in accordance with Section 11322.8. 11320.3. (a) 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. (b) The following individuals shall not be required to participate for as 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 also shall not be required to participate for as 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 that 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, to the extent that those responsibilities 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 exempted 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 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 for whom 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 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. (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) 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 the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), as amended. 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. 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 the individual'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 pursuant to 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 Section 607(d)(4) and (d)(7) of Title 42 of the United States Code 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. 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 Supplemental Nutrition Assistance Program (SNAP) 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 college savings 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 Section 607 (d) of Title 42 of the United States Code 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 SNAP 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 that participating in this activity 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. 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 shall be consistent with the requirements of Section 607(c) and (d) of Title 42 of the United States Code. 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 subsidized private sector or public sector employment activities, the State Department of Social Services shall pay the county 50 percent, less fifty-six dollars ($56), of the total wage costs of an employee for whom a wage subsidy is paid, subject to all of the following conditions: (1) (A) For participants receiving CalWORKs aid, the maximum state contribution to the total wage cost shall not exceed 100 percent of the computed grant for the assistance unit in the month prior to participation in subsidized employment. (B) For participants who have received aid in excess of the time limits provided in subdivision (a) of Section 11454, the maximum state contribution of the total wage cost shall not exceed 100 percent of the computed grant for the assistance unit in the month prior to participation in subsidized employment. (C) In the case of an individual who participates in subsidized employment as a service provided by a county pursuant to Section 11323.25, the maximum state contribution to the total wage cost shall not exceed 100 percent of the computed grant that the assistance unit received in the month prior to participation in the subsidized employment. (D) The maximum state contribution, as defined in this paragraph, shall remain in effect until the end of the subsidy period, as specified in paragraph (2), including with respect to subsidized employment participants whose wage results in the assistance unit no longer receiving a CalWORKs grant. (E) State funding provided for total wage costs shall only be used to fund wage and nonwage costs of the county's subsidized employment program. (2) State participation in the total wage costs pursuant to this section shall be limited to a maximum of six months of wage subsidies for each participant. If the county finds that a longer subsidy period is necessary in order to mutually benefit the employer and the participant, state participation in a subsidized wage may be offered for up to 12 months. (3) Eligibility for entry into subsidized employment funded under this section shall be limited to individuals who are not otherwise employed at the time of entry into the subsidized job, and who are current CalWORKs recipients, sanctioned individuals, or individuals who have exceeded the time limits specified in subdivision (a) of Section 11454. A county may continue to provide subsidized employment funded under this section to individuals who become ineligible for CalWORKs benefits in accordance with Section 11323.25. (b) Upon application for CalWORKs after a participant's subsidized employment ends, if an assistance unit is otherwise eligible within three calendar months of the date that subsidized employment ended, the income exemption requirements in Section 11451.5 and the work requirements in subdivision (c) of Section 11201 shall apply. If aid is restored after the expiration of that three-month period, the income exemption requirements in Section 11450.12 and the work requirements in subdivision (b) of Section 11201 shall apply. (c) The department, in conjunction with representatives of county welfare offices and their directors and the Legislative Analyst's Office, shall assess the cost neutrality of the subsidized employment program pursuant to this section and make recommendations to the Legislature, if necessary, to ensure cost neutrality. The department shall testify regarding the cost neutrality of the subsidized employment program during the 2012-13 fiscal year legislative budget hearings. (d) No later than January 10, 2013, 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 ended. (3) The earnings of the program participants before and after the subsidy. (4) The impact of the program on the state's work participation rate. (e) Payment of the state's share in total wage costs required by this section shall be made in addition to, and independent of, the county allocations made pursuant to Section 15204.2. (f) For purposes of this section, "total wage costs" include the actual wage paid directly to the participant that is allowable under the Temporary Assistance for Needy Families program. 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 the minimum average hours per week described in Section 607(c)(1)(A) of Title 42 of the United States Code, subject to the limitations and special rules described in that section. (b) Unless otherwise exempt, an adult recipient who is an unemployed parent, as defined in Section 11201, shall participate in welfare-to-work activities for the minimum average hours per week described in Section 607(c)(1)(B) of Title 42 of the United States Code, subject to the limitations and special rules described in that section. (c) If the provisions of federal law described in this section are amended subsequent to the effective date of the act that added this article, the department shall adopt requirements that mandate that an adult recipient described in this section participate in welfare-to-work consistent with those amendments, to the extent required to meet the minimum work requirements imposed by federal law. 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. (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 (e) 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) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. 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. Sec. 1381 et seq.), shall be deemed to be a dependent child for the purposes of this paragraph. (D) 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 Division 1 of Title 1 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 receive, to the extent available, 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 services to either a recipient of aid under this chapter not participating under this article or a former recipient of aid under this chapter who has received aid within the previous 12 months if a recipient or former recipient is employed, in order to assist the individual in retaining employment. These job retention services may be provided for up to 12 months after the first day of employment, to the extent they are not provided by the employer, the entity that arranged the job placement, if other than the county, and, to the extent that the services are not available from other sources. 11323.25. In addition to its authority under subdivision (b) of Section 11323.2, if provided in a county plan, the county may continue to provide welfare-to-work services to former participants who became ineligible for CalWORKs benefits because they became employed under Section 11322.63. 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 subsidized employment. 11323.3. (a) It is the intent of the Legislature that all CalWORKs applicants and recipients be aware of their potential liability for payment for child care, 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 Division 1 of Title 1 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) (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. (d) 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 as described in Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. Counties may contract with public and private child care entities or providers for this purpose. 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 child care services managed by the county, as described in Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 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 State 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 that 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 child care provider. (2) The address where child care is to be provided. (3) The hours child 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 that are exempt from licensure if either of the following applies: (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 (e) 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 for which they qualify occurring within the sponsor's organization. (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. (a) An employment or training program position described in Section 11322.6 or 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: (1) 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. (2) The filling of positions that 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. (3) The filling of a position, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements. (4) The filling of established unfilled public agency positions, unless the positions are unfunded in a public agency budget. (5) 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. (6) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers. (7) 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. (8) 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. (9) 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. This subdivision shall apply only to the construction industry. (10) 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. (b) Paragraphs (2), (4), and (7) of subdivisions (a) 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 or work experience 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 Division 1 of Title 1 of the Education Code. 11325.2. 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: (a) Employment history and skills. (b) Need for supportive services as described in Section 11323.2. 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 consequences of a refusal to participate in program components, and criteria for successful completion of the program. (e) 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. 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) In the case of an individual who was participating in a self-initiated plan pursuant to the former provisions of Section 11325.23 as of the effective date of the act that added this article, the individual may continue to participate in that self-initiated plan, subject to the requirements of Section 11322.8, to the extent that the individual remains eligible for the CalWORKs Basic Program or the CalWORKs Plus Program. 11325.22. (a) Following the appraisal required by Section 11325.2, all participants shall be assigned to participate for a period of job search activities in accordance with Section 607(c)(2) (A) of Title 42 of the United States Code. These activities may include the use of job clubs to identify the participant's qualifications. The county shall consider the skills and interests of the participant in developing a job search strategy. The period of job search activities may be shortened if the participant and the county agree that further activities would not be beneficial. Job search activities may be shortened for a recipient if the county determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipient's participation under this article. (b) (1) Upon the completion of job search activities, the participant shall be assigned to one or more of the activities described in Section 11322.6, as needed to attain employment. (2) (A) The assignment to one or more of the program activities as required in paragraph (1) shall be based on the welfare-to-work plan developed pursuant to an assessment described in Section 11325.4. The plan shall be based, at a minimum, on consideration of the individual's existing education level, employment experience and relevant employment skills, available program resources, and local labor market opportunities. (B) An assessment pursuant to Section 11325.4 shall be performed upon completion of job search activities or at such time as it is determined that job search will not be beneficial. (c) A participant who has not obtained unsubsidized employment upon completion of the activities in a welfare-to-work plan developed pursuant to the job search activities required by subdivision (a) and an assessment required by subdivision (b) shall be referred to reappraisal as described in Section 11326. (d) The criteria for successful completion of an assigned education or training activity shall include regular attendance, satisfactory progress, and completion of the assignment. A person who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to this section shall be subject to Sections 11327.4 and 11327.5. 11325.25. (a) A participant with a suspected learning or medical problem, as indicated by information received during appraisal or assessment or by lack of satisfactory progress in an assigned program component, shall be referred for an evaluation to determine whether the individual is unable to successfully complete or benefit from a current or proposed program assignment. As part of the evaluation, the county may require the individual to undergo the appropriate examinations to obtain information regarding the individual's learning and physical abilities. (b) Based upon the results of the evaluation required by subdivision (a), the county may refer the individual to any of the following components as appropriate: (1) Referral to any of the activities described in Section 11322.6, including referral to the person's previous activity. (2) Existing special programs that meet specific needs of the individual. (3) Job search services, if the county determines the individual has the skills needed to find a job in the local labor market. (4) Assessment, as described in Section 11325.4, or reappraisal, as described in Section 11326. (5) Rehabilitation assessment and subsequent training. (c) The participant shall be involved in the decisions made during the progress evaluation and shall have appeal rights consistent with those accorded to all program participants. 11325.4. (a) Upon referral to assessment, a participant shall work with the county welfare department to develop and agree on a welfare-to-work plan on the basis of an assessment of the individual' s skills and needs. The assessment shall include at least all of the following: (1) The participant's work history and an inventory of his or her employment skills, knowledge, and abilities. (2) The participant's educational history and present educational competency level. (3) The participant's need for supportive services in order to obtain the greatest benefit from the employment and training services offered under this article. (4) An evaluation of the chances for employment given the current skills of the participant and the local labor market conditions. (5) Local labor market information. (6) Physical limitations or mental conditions that limit the participant's ability for employment or participation in welfare-to-work activities. (b) The county may contract with outside parties, including local educational agencies and service delivery areas, to provide the assessment. (c) (1) Notwithstanding the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2, if the participant and assessor are unable to reach agreement on the welfare-to-work plan, the matter shall be referred by the county for an independent assessment by an impartial third party. The results of this assessment, which shall be binding upon the county and the participant, shall be used to develop the appropriate plan for the participant. (2) No third-party assessment under this subdivision shall be made by a party having any financial or other interest in the result of the assessment. The party making the assessment shall be selected by the county according to an unbiased procedure. 11325.5. (a) If, pursuant to the assessment conducted pursuant to Section 11325.4, there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, he or she shall be referred to the county mental health department. (b) Subject to appropriations in the Budget Act, the county mental health department shall evaluate the recipient and determine any treatment needs. The evaluation shall include the extent to which the individual is capable of employment at the present time and under what working and treatment conditions the individual is capable of employment. The evaluation shall include prior diagnoses, assessments, or evaluations that the recipient provides. (c) Each county welfare department shall develop individual welfare-to-work plans for recipients with mental or emotional disorders, based on the evaluation conducted by the county mental health department. The plan for the recipient shall include appropriate employment accommodations or restrictions, supportive services, and treatment requirements. Any prior diagnosis, evaluation, or assessment provided by the recipient shall be considered in the development of his or her individual welfare-to-work plan. 11325.6. Subject to the limitations of subdivision (a) of Section 11325.22, if activities to be provided under the plan between the county welfare department and the participant are not immediately available to the participant, he or she shall receive job search activities until the education or training services designated in the plan are available. 11325.7. (a) It is the intent of the Legislature in enacting this section to create a funding stream and program that assist certain recipients of aid under this chapter to receive necessary mental health services, including case management and treatment, thereby enabling them to make the transition from welfare to work. This funding stream shall be used specifically to serve recipients in need of mental health services, and shall be accounted for and expended by each county in a manner that ensures that recipients in need of mental health services are receiving appropriate services. (b) The county plan required by Section 10531 shall include a plan for the development of mental health employment assistance services, developed jointly by the county welfare department and the county department of mental health. The plan shall have as its goal the treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, or that may limit or impair the ability to retain employment over a long-term period. The plan shall be developed in a manner consistent with both the county's welfare-to-work program and the county's consolidated mental health Medi-Cal services plan. The county may use community-based providers, as necessary, that have experience in addressing the needs of the CalWORKs population. The county, whenever possible, shall ensure that the services provided qualify for federal reimbursement of the nonstate share of Medi-Cal costs. (c) Subject to specific expenditure authority, mental health services available under this section shall include all of the following elements: (1) Assessment for the purpose of identifying the level of the participant's mental health needs and the appropriate level of treatment and rehabilitation for the participant. (2) Case management, as appropriate, as determined by the county. (3) Treatment and rehabilitation services, that shall include counseling, as necessary to overcome mental health barriers to employment and mental health barriers to retaining employment, in coordination with an individual's welfare-to-work plan. (4) In cases where a secondary diagnosis of substance abuse is made for a person referred for mental or emotional disorders, the welfare-to-work plan shall also address the substance abuse treatment needs of the participant. (5) A process by which the county can identify those with severe mental disabilities that may qualify them for aid under Chapter 3 (commencing with Section 12000). (d) Any funds appropriated by the Legislature to cover the nonfederal costs of the mental health employment assistance services required by this section shall be allocated consistent with the formula used to distribute each county's CalWORKs program allocation. Each county shall report annually to the state the number of CalWORKs program recipients who received mental health services and the extent to which the allocation is sufficient to meet the need for these services as determined by the county. The State Department of Mental Health shall develop a uniform methodology for ensuring that this allocation supplements and does not supplant current expenditure levels for mental health services for this population. 11325.8. (a) The county plan required by Section 10531 shall include a plan for the provision of substance abuse treatment services. The plan shall describe how the county welfare department and the county alcohol and drug program will collaborate to ensure that an effective system is available to provide alcohol and drug services to recipients whose substance abuse creates a barrier to employment. The plan shall be developed in a manner that is consistent with the county's welfare-to-work program. Substance abuse treatment services shall include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services. (b) It is the intent of the Legislature that substance abuse treatment services for participants shall be provided by the county alcohol and drug program, or by a nonprofit agency under contract with the county alcohol and drug program. If the county welfare department determines that the county alcohol and drug program is unable to provide the needed services, the county department may contract directly with a nonprofit state-licensed narcotic treatment program, residential facility, or certified nonresidential substance abuse program to obtain substance abuse services for a participant. (c) (1) A participant who is in a job search component of the county's welfare-to-work program may be directed at any time to an assessment by the job search manager, if the county believes that the participant's substance abuse may limit or preclude his or her satisfactory completion of the job search component. (2) During the assessment, if the case manager believes that substance abuse will impair the ability of the participant to obtain and retain employment, the case manager shall refer the participant to the county alcohol and drug program for an evaluation and determination of any treatment necessary for the participant's transition from welfare-to-work. If the county alcohol and drug program is unable to provide the necessary services, the county may refer the participant to a state-licensed or certified nonprofit agency under contract with the county to perform these services. (3) If a participant is determined to have a substance abuse problem, based on an evaluation by the county alcohol and drug program or a nonprofit state-licensed narcotic treatment program, residential facility, or certified nonresidential substance abuse program, the case manager shall develop the participant's welfare-to-work plan based on the results of that evaluation. (d) Any funds appropriated by the Legislature for allocation to each county to eliminate barriers to employment due to participant's substance abuse problems shall be allocated consistent with the formula used to distribute each county's CalWORKs program allocation, and shall be used to supplement, and not supplant, substance abuse treatment funds otherwise available to recipients. It is the intent of the Legislature that these funds be used to develop, expand, or develop and expand programs appropriate for CalWORKs program recipients. It is further the intent of the Legislature that, to the extent possible, these funds be used to maximize federal financial participation through Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (e) Each county shall report annually to the state the number of CalWORKs program recipients who receive substance abuse treatment and the extent to which the allocation is sufficient to meet the need for substance abuse services as determined by the county. 11326. (a) The county shall conduct a reappraisal of any participant who does not obtain unsubsidized employment upon completion of all activities included in the welfare-to-work plan developed pursuant to Section 11325.4. The reappraisal shall evaluate whether there are extenuating circumstances as defined by the county that prevent the participant from obtaining employment within the local labor market area. (b) Upon a determination that extenuating circumstances exist, the participant shall be assigned to additional activities in accordance with subdivision (b) of Section 11325.22, as the county determines to be appropriate and necessary. 11327. Any county that fails to provide services according to its plan approved pursuant to this article shall receive sanctions in accordance with Section 10605. A recipient or a group of recipients may request the director to invoke Section 10605. 11327.4. (a) (1) Whenever an individual has failed or refused to comply with program requirements without good cause in a program component to which he or she is assigned and refuses to agree to or fails, without good cause, to comply with, a compliance plan agreed to between the county and the participant, the individual shall be subject to sanctions specified in Section 11327.5. (2) For the purposes of this article, the phrase "failed or refused to comply with program requirements" shall be limited to the following: (A) Failing or refusing to sign a welfare-to-work plan, participate in or provide required proof of satisfactory progress in any assigned program activity pursuant to this article, or failing to accept employment. (B) Terminating employment. (C) Reducing earnings. (b) (1) Upon determination that an individual has failed or refused to comply with program requirements, the county shall issue a notice of action, effective no earlier than 30 calendar days from the date of issuance, informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice, and fails to do either of the following: (A) Provide information to the county that he or she had good cause for the refusal or failure that has led the county to make a finding of good cause for nonparticipation. (B) Agree to a compliance plan to correct the failure or refusal to comply. (2) The county shall schedule a time during which each individual who has failed or refused to comply with program requirements has an opportunity to demonstrate that he or she had good cause for that refusal or failure. The county shall schedule an appointment within 20 calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment once within the 20-calendar-day period. (3) The written notice of action sent by the county shall do all of the following: (A) Inform the individual of the specific act or acts that have caused the individual to be out of compliance with participation requirements. (B) Inform the individual of his or her right to assert good cause for his or her refusal or failure. (C) Inform the individual of the date and time of the scheduled appointment. (D) Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program. (E) Inform the individual of the right to contact the county welfare department by telephone to establish good cause over the telephone in lieu of attending the appointment scheduled by the county. (F) Inform the individual of the right to reschedule the appointment once within the 20-calendar-day period. (G) Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction. (H) Inform the individual of the name, telephone number, and address of state and local legal aid and welfare rights organizations that may assist the individual with the good cause and compliance plan process. (I) Describe the transportation and child care services that a person is entitled to, as needed in order to attend the appointment. (c) If the individual fails to attend the appointment, the county shall attempt to contact the individual by telephone at the time of or after the appointment, in order to establish a finding of good cause or no good cause. If a finding of no good cause is made, the county shall develop a compliance plan to correct the instance of nonparticipation. (d) If the individual fails to attend the meeting and the county is not able to contact the individual in accordance with subdivision (c), and the individual fails to contact the county within the 20-calendar-day period, a sanction shall be imposed in accordance with Section 11327.5. (e) If the individual attends the appointment or contacts the county by phone within the 20-calendar-day period and is either found by the county to have had good cause for his or her refusal or failure, or agrees to a compliance plan to correct the failure or refusal, the county shall rescind the notice of action issued pursuant to subdivision (b). If the individual agrees to a compliance plan at the appointment, the individual shall be provided with a copy of the plan. If the individual agrees to a compliance plan over the telephone, a copy of the plan shall be mailed to him or her. (f) If the individual is found by the county to have had good cause for his or her refusal or failure, an instance of noncompliance shall not be considered to have occurred. (g) If the individual is found by the county not to have had good cause, but agrees to a compliance plan and then fulfills the terms of the compliance plan, an instance of noncompliance shall not be considered to have occurred. (h) If the individual enters into a written compliance plan and does not fulfill the terms of the plan, but the county determines that the individual substantially complied with the plan, the county shall extend or modify the compliance plan in accordance with subdivision (e) and shall document the reasons for that determination in the case file of the individual. For purposes of this subdivision, substantial compliance with a written compliance plan shall be determined by the county on a case-by-case basis considering all of the following: (1) The progress made on each item contained in the plan. (2) Extenuating circumstances that are not considered good cause under subdivision (a), but impaired the individual's ability to fully comply. (3) The extent to which learning disabilities, mental health issues, and substance abuse issues may have contributed to the individual's ability to fully comply. (4) Other factors, as determined by the department. (i) If the individual enters into a written compliance plan, but does not fulfill the terms of the plan, and the county determines, based on available information, that the individual did not have good cause for failure to meet the terms of the plan and did not substantially comply with the plan as described in subdivision (h), the county shall send a notice of action to impose a sanction. The procedures specified in subdivision (b) shall not be applicable to a sanction imposed under this subdivision. 11327.5. (a) Sanctions shall be imposed in accordance with subdivision (b) or (c), as appropriate, if an individual has failed or refused to comply with program requirements without good cause, and conciliation efforts, as described in Section 11327.4, have failed. (b) The sanctions provided for in subdivisions (c) and (d) shall not apply to an individual who is exempt from the requirements of this article but is voluntarily participating in the program. If that individual engages in conduct that would bring about the actions provided for in subdivisions (c) and (d), except for his or her status as a voluntary program participant, the individual shall not be given priority as long as other individuals are actively seeking to participate. (c) Financial sanctions for failing or refusing to comply with program requirements without good cause shall cause a reduction in the family's grant by removing the noncomplying family member from the assistance unit for a period of time specified in subdivision (d). (1) For families that qualify for aid due to unemployment of the family's primary wage earner, the sanctioned parent shall be removed from the assistance unit. Unless the spouse or the family's second parent meets the provisions of subparagraph (A) of paragraph (2), if the sanctioned parent's spouse or the family's second parent is not participating in the program, both the sanctioned parent and the spouse or second parent shall be removed from the assistance unit. The county shall notify the spouse of the noncomplying participant or second parent in writing at the commencement of conciliation of his or her own opportunity to participate and the impact of sanctions on that participation. (2) (A) Except as provided in subparagraph (B), exemption criteria specified in Section 11320.3, conciliation specified in Section 11327.4, and good cause criteria specified in Section 11320.31 and subdivision (e) of Section 11320.3, shall apply to the sanctioned parent's spouse or the family's second parent. (B) Exemption criteria specified in paragraphs (5) and (6) of subdivision (b) of Section 11320.3 do not apply to a spouse or second parent who is participating to avoid the sanction of the noncomplying parent. (C) If the sanctioned parent's spouse or the family's second parent chooses to participate to avoid the noncomplying parent's sanction, subsequently fails or refuses to participate without good cause, and does not conciliate, he or she shall be removed from the assistance unit for a period of time specified in subdivision (d). (D) If the sanctioned parent's spouse or the family's second parent is under his or her own sanction at the time of the first parent's sanction, the spouse or second parent shall not be provided the opportunity to avoid the first parent's sanction until the spouse or second parent's sanction is completed. (3) For families that qualify due to the absence or incapacity of a parent, only the noncomplying parent shall be removed from the assistance unit. (4) If the noncomplying individual is the only dependent child in the family, his or her needs shall not be taken into account in determining the family's need for assistance and the amount of the assistance payment. (5) If the noncomplying individual is one of several dependent children in the family, his or her needs shall not be taken into account in determining the family's need for assistance and the amount of the assistance payment. (d) An instance of noncompliance without good cause shall result in a financial sanction. This sanction shall terminate at any point if the noncomplying participant performs the activity or activities he or she previously refused to perform. (e) Sanctions shall become effective on the first day of the first payment-month that the sanctioned individual's needs are removed from aid under this chapter. (f) In the event this section conflicts with federal law, the department shall adopt regulations to conform to federal law. 11327.6. Notwithstanding any other law, any person who is not required, but who volunteers, to participate in the program established by this article, and who fails to appear for a scheduled appointment prior to entering into the welfare-to-work plan, shall be deemed to not be subject to the requirements of this article, and the conciliation efforts and sanction requirements established under Sections 11327.4 and 11327.5 shall not apply. 11327.8. (a) Except as specified in this section, whenever a participant believes that any program requirement or assignment in this program is in violation of his or her welfare-to-work plan or is inconsistent with this article, the participant may request a state hearing pursuant to Chapter 7 (commencing with Section 10950) of Part 2 or utilize a formal grievance procedure to be established by the county board of supervisors and specified in each county plan. (b) If the participant is not satisfied with the outcome of the grievance procedure, he or she may appeal the decision, in accordance with the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2. Participants shall be subject to sanctions pending the outcome of the formal grievance procedure or any subsequent appeal, only if they fail to participate during the period the grievance procedure is being processed. However, a participant shall not utilize the grievance procedure to appeal the results of an assessment made pursuant to Section 11325.4. (c) If a participant is not satisfied with the decision of a hearing conducted pursuant to Section 10950 concerning on-the-job working conditions or workers' compensation coverage, the participant may file a further appeal with the appropriate state regulating agency. 11327.9. In determining whether good cause exists for a refusal or failure to comply with program requirements, the county shall take into consideration whether the participant has a mental disability that caused or substantially contributed to the refusal or failure to comply with program requirements. This determination shall be made, where appropriate, in consultation with the county mental health department. 11328.2. A participant under this article shall have all due process rights granted pursuant to Chapter 7 (commencing with Section 10950) of Part 2. 11328.8. (a) The department, under the direction of the California Health and Human Services Agency, the office of the Chancellor of the California Community Colleges, and the State Department of Education, each shall develop and implement regulations whereby any payment for education and training services from funds appropriated for the purposes of this article and delivered pursuant to Section 11322.6 by an entity contracting with a county shall be made in accordance with a competitively selected fixed unit price performance-based contract. Under these contracts, full payment shall not be considered earned until either of the following has occurred: (1) The participant has successfully completed the education program. (2) The participant has successfully completed the job training program and has been retained in unsubsidized employment for at least 180 days. (b) Up to 70 percent of the fixed unit price for job training may be paid upon placement. At least 30 percent of the fixed unit price for job training shall be withheld for the followup during the 180-day retention period. Progress payments shall be made from this portion upon evidence of job retention at 30, 90, and 180 days. A pro rata share of the 70 percent payment shall be paid to the training provider if the participant fails to complete the training. (c) The department may exempt county contracts for CalWORKs educational services from subdivisions (a) and (b) in instances where counties are unable to obtain educational services due to the absence of an available adult education program or the small number of CalWORKs referrals. The department, in conjunction with the State Department of Education, shall develop criteria for granting the exemptions from subdivisions (a) and (b). The department and State Department of Education also shall consider using funds set aside for CalWORKs educational services in the State Department of Education's annual budget allocation or funds allocated to the State Department of Education for CalWORKs costs in the annual Budget Act, to pay for the costs of education contracts authorized by this subdivision. 11329. (a) The department shall evaluate the program and shall collect data on program cost, caseload movement, and program outcomes, including data on all of the following: (1) The numbers of voluntary and mandatory participants in each program component. (2) The amount of time that each participant remains in each component, and the types of services, including supportive services, each participant receives. (3) The number of recipients in each component that move to each of the other components. (4) The number of participants sanctioned, as well as the amount and duration of the sanction, the reason for the sanction, and the amount of time the participant was in the program prior to the sanction. (5) The number of participants who go off aid, and to the extent possible, the reason they have gone off aid. (6) The number of applicants who reapplied for and received aid after having gone off aid during the time they were participating in the program. (7) The starting salary of employed participants. (8) Participants' job retention rates. (9) The appropriateness of the categorization of participants. (10) The appropriateness of assessments and employment plans. (11) The appropriateness of preemployment preparation assignments, including a periodic review of the appropriateness of these assignments. (12) The effectiveness of training components, based upon the number of individuals placed in employment. (13) The timeliness of preemployment preparation assignment reviews. (14) The appropriateness of sanctions applied under this article. (b) The department may use standard statistical sampling methods to conduct the evaluation. The department shall maintain this data for the state and for each county. The department may contract with a qualified organization for the evaluation required by this section. The department shall submit a plan for implementing this evaluation to the Joint Legislative Budget Committee. To the extent possible, the data collection system for this evaluation shall be designed to collect data in the least expensive and least time-consuming manner possible. 11329.2. The department shall seek any federal funds available for implementation of this article, including, but not limited to, funds available under Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.). 11329.4. (a) No funds appropriated for purposes of this article shall be used to fund education or training services in any county plan if these services could reasonably be provided by local educational agencies from Section A or Section B of the State School Fund which are not otherwise committed. (b) No local educational agency shall be authorized to receive funds appropriated for purposes of this article unless it has demonstrated that it has fully committed all the funds from Section A or Section B of the State School Fund available to it, as certified by the district to the Chancellor of the California Community Colleges, or the Superintendent of Public Instruction. (c) The Chancellor of the California Community Colleges and the Superintendent of Public Instruction, as appropriate, shall certify this information to the Director of Finance. 11329.5. This article shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.   SEC. 21.   Section 11329.6 is added to the   Welfare and Institutions Code   , to read:   11329.6. This article shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 22.   Article 3.5 (commencing with Section 11330) is added to Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   , to read:   Article 3.5. CalWORKs Plus Program 11330. (a) This article shall be known and may be cited as the CalWORKs Plus Program. (b) The Legislature finds and declares all of the following: (1) Consistent with the programmatic changes to refocus the requirement to work described in Section 11300, the CalWORKs Plus Program will serve those clients working sufficient hours in unsubsidized employment to meet federal work participation requirements. (2) This program will reward recipients who meet federal work participation requirements with a higher grant level by allowing them to retain more of their earned income through a higher income disregard. These recipients also shall have full access to supportive services and child care. (3) These benefits shall continue for up to 48 months, as long as clients continue to meet work participation requirements through unsubsidized employment. After 48 months, the adult will no longer be provided aid, but the higher earned income disregard shall remain available if the employment continues. 11331. (a) A CalWORKs assistance unit that includes an individual who is meeting the minimum average hours per week required in Section 11322.8 solely by means of unsubsidized employment shall be eligible for assistance under this article. (b) An assistance unit that is receiving aid under Article 4 (commencing with Section 11340) shall be eligible for assistance under this article if an individual or individuals in the household of the assistance unit are meeting the minimum average hours per week required in Section 607(c) of Title 42 of the United States Code solely by means of unsubsidized employment. (c) An assistance unit participating in the CalWORKs Plus Program shall receive supportive services in accordance with Section 11323.2. (d) The earned income disregard described in subdivision (b) of Section 11451.5 and the child support disregard described in Section 11475.3 shall apply to the income of the family for purposes of calculating grants provided under the CalWORKs Plus Program. (e) An assistance unit that is not meeting the requirements of subdivision (a), but that is eligible for the CalWORKs Basic Program in accordance with Section 11302, shall be ineligible for the CalWORKs Plus Program. The assistance unit shall be provided a notice of action and shall be eligible for the CalWORKs Basic Program in accordance with Section 11305. If the assistance unit is not otherwise meeting the requirements of Section 11322.8, the eligible adult also shall be subject to the sanction provisions described in Sections 11327.4 and 11327.5. (f) (1) An assistance unit that is not meeting the requirements of subdivision (a) or (b) that is ineligible for the CalWORKs Basic Program shall be provided a notice of action that the assistance unit shall become ineligible for the CalWORKs Plus Program 60 days following the issuance of that notice of action unless documentation, as determined by the department, that the parent or caretaker relative has met the requirements of subdivision (a) or (b) is provided to the county. (2) If the parent or caretaker relative fails to provide the documentation as described in paragraph (1), the assistance unit shall become ineligible for the CalWORKs Plus Program and shall be eligible for the Child Maintenance Program in accordance with Section 11305. (3) An assistance unit described in this subdivision shall receive full supportive services for the 60-day compliance period described in paragraph (1) and child care for a maximum of 30 days within that 60-day period. (g) Notwithstanding subdivision (a) or (b) or any other law, an assistance unit or household in which the only adult has not been authorized for employment by the United States Citizenship and Immigration Services is not eligible for assistance under this article. 11332. (a) An assistance unit eligible for aid under this article shall receive a grant that includes any eligible adult in accordance with the maximum aid payment for the CalWORKs Plus Program in the appropriate region in accordance with Section 11450 until the adult has received aid for a cumulative total of 48 months in accordance with Section 11454. (b) An assistance unit that does not include an eligible adult shall receive a grant amount that corresponds to the number of eligible persons in the assistance unit. 11333. This article shall become operative on the first day of the first month following six months after the date Article 3 (commencing with Section 11300) becomes operative pursuant to Section 11329.5, or April 1, 2013, whichever is later.   SEC. 23.   Section 11334.9 is added to the   Welfare and Institutions Code   , to read:   11334.9. This article shall become inoperative on July 1, 2012, and as of January 1, 2013, is repealed, unless a later enacted statute that is enacted before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 24.   Article 3.6 (commencing with Section 11336) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 25.   Article 4 (commencing with Section 11340) is added to Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   , to read:   Article 4. Child Maintenance Program 11340. (a) This article shall be known and may be cited as the Child Maintenance Program. (b) The Legislature finds and declares both of the following: (1) For the significant share of the caseload that is not subject to work participation requirements, or is required to participate in work activities but is not doing so, the Child Maintenance Program will provide children with a basic level of income maintenance in addition to CalFresh and Medi-Cal benefits. (2) Children will be eligible for this program as long as they meet eligibility criteria, including a requirement to participate in a well-child examination. 11341. (a) An assistance unit that does not include an eligible adult is eligible for assistance under this article. (b) An assistance unit in which the only adult or adults are ineligible for CalWORKs Basic Program pursuant to subdivision (e) of Section 11301 or Section 11302 is eligible for assistance under this article. (c) Commencing the date the CalWORKs Plus Program becomes operative pursuant to Section 11333, an assistance unit that is receiving aid under this article and that resides in a household that includes an adult or adults who are meeting the requirements of Section 607(c) of Title 42 of the United States Code by means of unsubsidized employment, may be eligible for the CalWORKs Plus Program in accordance with subdivision (b) of Section 11331. 11342. (a) Notwithstanding Article 2 (commencing with Section 11250), Sections 11450 and 11454, or any other law, an assistance unit that qualifies only for Child Maintenance Program assistance shall receive a grant amount in accordance with the maximum aid payment for the Child Maintenance Program in the appropriate region, as described in Section 11450, that corresponds to the number of minor children in the assistance unit. (b) The earned income disregard described in subdivision (c) of Section 11451.5 shall apply to the income of the family for purposes of calculating grants provided under the Child Maintenance Program. 11343. (a) An assistance unit eligible under this article may be provided welfare-to-work services at the option of the county. (b) Notwithstanding subdivision (a), an individual that is in sanction pursuant to subdivision (e) of Section 11301, or who is no longer eligible for the CalWORKs Basic Program in accordance with Section 11302, is eligible for up to a cumulative total of 30 days of child care services every six months. (c) Subdivision (b) shall not apply to an individual who has not been authorized for employment by the United States Citizenship and Immigration Services. 11344. (a) An individual who is under 18 years of age and a member of an assistance unit receiving aid under this article shall be required to receive an annual well-child medical examination. (b) If it is determined by the county that any child in the assistance unit who is under 18 years of age has not attended a well-child medical examination as required in subdivision (a), the needs of the child shall not be considered in computing the grant of the family under Section 11450 unless it has been determined by the county that good cause exists. (c) For purposes of subdivision (b), good cause shall include, but not be limited to, the unavailability of insurance reimbursement for the costs of the well-child medical examination. 11345. (a) Notwithstanding Sections 11265.1, 11265.2, and 11265.3 or any other law, assistance units eligible for aid under this article shall not be subject to periodic reporting requirements other than the annual redetermination required in Section 11265. (b) Grant calculations may not be revised to adjust the grant amount during the year except as provided in Section 11346 and subdivisions (c), (d), (e), and (f) and as otherwise established by the department by regulation. (c) Notwithstanding subdivision (b), statutes and regulations relating to the 48-month time limit, age limitations for children under Section 11253, and sanctions and financial penalties affecting eligibility or grant amount shall be applicable as provided in those statutes and regulations. (d) If the county is notified that a child for whom Child Maintenance Program 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. (e) If the county determines that a recipient is no longer a California resident, pursuant to Section 11100, the recipient shall be discontinued. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible. (f) If an overpayment has occurred, the county shall commence any applicable grant adjustment in accordance with Section 11004 as of the first monthly grant after timely and adequate notice is provided. 11346. (a) The department shall establish an income reporting threshold for recipients of the Child Maintenance Program in accordance with subdivision (b). (b) The Child Maintenance Program income reporting threshold shall be the lesser of the following: (1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient's monthly benefits. (2) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits. (3) The amount likely to render the recipient ineligible for Child Maintenance Program benefits. (c) A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs: (1) The monthly household income exceeds the threshold established pursuant to this section. (2) Any change in household composition. (3) The household address has changed. (4) A drug felony conviction, as specified in Section 11251.3. (5) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5. (d) When a recipient reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows: (1) If the recipient reports an increase in income or household composition change for the first through eleventh months of a year, the county shall verify the report and determine the recipient's financial eligibility and grant amount. (A) If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred. (B) If it is determined that the recipient's grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipient's grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred. (2) If the recipient reports an increase in income for the twelfth month of a grant year, the county shall consider this income in redetermining eligibility and the grant amount for the following year. (e) During the year, a recipient may report to the county, orally or in writing, any changes in income that may increase the recipient' s grant. If the reported change is for the first through eleventh month of a grant year and results in an increase in benefits, the county shall redetermine the grant for the current month and any remaining months in the year. If the reported change is for the twelfth month of the grant year, the county shall not redetermine the grant for the current year, but shall redetermine the grant for the following year. 11347. (a) To the extent permitted by federal law, regulations, waivers, and directives, the department shall implement Sections 11345 and 11346 in a cost-effective manner that promotes compatibility between the Child Maintenance Program and CalFresh, and minimizes the potential for payment errors. (b) The department shall seek all necessary waivers from the United States Department of Agriculture to implement subdivision (a). 11348. This article shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.   SEC. 26.   Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 27.   Article 4 (commencing with Section 11350.61) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 28.   Section 11450 of the   Welfare and Institutions Code   , as amended by Section 13 of Chapter 501 of the Statutes of 2011, is amended to read:  11450. (a) (1) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family's income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, averaged for the prospective quarter pursuant to Sections 11265.2 and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): Number of eligible needy persons in Maximum the same home aid 1.............................. $ 326 2.............................. 535 3.............................. 663 4.............................. 788 5.............................. 899 6.............................. 1,010 7.............................. 1,109 8.............................. 1,209 9.............................. 1,306 10 or more...................... 1,403 If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453. (2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter.  Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.  (b) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant mother for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the mother, and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. (1) Aid shall also be paid to a pregnant woman with no other children in the amount which would otherwise be paid to one person under subdivision (a) at any time after verification of pregnancy if the pregnant woman is also eligible for the Cal-Learn Program described in Article 3.5 (commencing with Section 11331) and if the mother, and child, if born, would have qualified for aid under this chapter. (2) Paragraph (1) shall apply only when the Cal-Learn Program is operative. (c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant mothers qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the mother, and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants and Children program. If that payment to pregnant mothers qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the mother, and the child, if born, would have qualified for aid under this chapter. (d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month which, when added to the child's income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. (e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. (f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. (1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special need items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. (2) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families which are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or which is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. (A) (i) A nonrecurring special need of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. (ii) This special need shall be granted or denied immediately upon the family's application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family's homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. (iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form; good cause; or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. (B) A nonrecurring special need for permanent housing assistance is available to pay for last month's rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. The last month's rent or monthly arrearage portion of the payment (i) shall not exceed 80 percent of the family's total monthly household income without the value of CalFresh benefits or special needs for a family of that size and (ii) shall only be made to families that have found permanent housing costing no more than 80 percent of the family's total monthly household income without the value of CalFresh benefits or special needs for a family of that size. However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in clause (ii) of the preceding paragraph. (C) The nonrecurring special need for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. (D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. (E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. (ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. (iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement pursuant to  this  clause  (iii)  of the availability of domestic violence counseling and services, and refer those recipients to services upon request. (iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. (v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. (vi) The county welfare department shall report to the department  ,  through a statewide homeless assistance payment indicator system, necessary data, as requested by the department, regarding all recipients of aid under this paragraph. (F) The county welfare departments, and all other entities participating in the costs of the AFDC program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. (G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. (H) The daily amount for the temporary shelter special need for homeless assistance may be increased if authorized by the current year's Budget Act by specifying a different daily allowance and appropriating the funds therefor. (I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. (g) The department shall establish rules and regulations ensuring the uniform application statewide of this  subdivision   section  . (h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. (i) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in  subdivision (a).   The   subdivision (a). The  amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. (j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child's income, is equal to the rate specified in Sections 11364 and 11387.  (k) (1) A county shall comply with the quarterly reporting provisions of this section until the county certifies to the director that semiannual reporting has been implemented in the county.   (2)   (k)  This section shall become inoperative on  October 1, 2013   the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later  , and, as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.  SEC. 29.   Section 11450 of   the   Welfare and Institutions Code   , as added by Section 14 of Chapter 501 of the Statutes of 2011, is amended to read:  11450. (a) (1) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family's income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.2 and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following  table,   tables,  as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):  Number   of   eligible   needy   persons   in Maximum   the same home aid   1................................. $ 326   2................................. 535   3................................. 663   4................................. 788   5................................. 899   6................................. 1,010   7................................. 1,109   8................................. 1,209   9................................. 1,306   10 or more......................... 1,403   If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.   +---------------------------------------------------+   |CalWORKs Basic and CalWORKs Plus Programs |   +-------------+-----------+-------------+-----------+   |Number of |Maximum |Number of |Maximum |   |eligible |aid payment|eligible |aid payment|   |needy | |needy | |   |persons in | |persons in | |   |the same | |the same | |   |home Region | |home Region | |   |1 pursuant | |2 pursuant | |   |to Section | |to Section | |   |11452.018 | |11452.018 | |   +-------------+-----------+-------------+-----------+   |1 |$ 317 |1 |$ 300 |   +-------------+-----------+-------------+-----------+   |2 | 516 |2 | 490 |   +-------------+-----------+-------------+-----------+   |3 | 638 |3 | 608 |   +-------------+-----------+-------------+-----------+   |4 | 762 |4 | 725 |   +-------------+-----------+-------------+-----------+  |5 | 866 |5 | 825 |   +-------------+-----------+-------------+-----------+   |6 | 972 |6 | 926 |   +-------------+-----------+-------------+-----------+   |7 |1,069 |7 |1,016 |   +-------------+-----------+-------------+-----------+   |8 |1,164 |8 |1,109 |   +-------------+-----------+-------------+-----------+   |9 |1,258 |9 |1,198 |   +-------------+-----------+-------------+-----------+   |10 or more |1,351 |10 or more |1,286 |   +-------------+-----------+-------------+-----------+   +---------------------------------------------------+   |Child Maintenance Program |   +-------------+-----------+-------------+-----------+  |Number of |Maximum |Number of |Maximum |   |eligible |aid payment|eligible |aid payment|   |needy | |needy | |   |persons in | |persons in | |   |the same | |the same | |   |home Region | |home Region | |   |1 pursuant | |2 pursuant | |   |to Section | |to Section | |   |11452.018 | |11452.018 | |   +-------------+-----------+-------------+-----------+   |1 |$ 230 |1 |$ 218 |   +-------------+-----------+-------------+-----------+   |2 | 375 |2 | 356 |   +-------------+-----------+-------------+-----------+   |3 | 464 |3 | 442 |   +-------------+-----------+-------------+-----------+   |4 | 554 |4 | 527 |   +-------------+-----------+-------------+-----------+   |5 | 629 |5 | 600 |   +-------------+-----------+-------------+-----------+   |6 | 706 |6 | 673 |   +-------------+-----------+-------------+-----------+   |7 | 777 |7 | 738 |   +-------------+-----------+-------------+-----------+   |8 | 846 |8 | 806 |   +-------------+-----------+-------------+-----------+   |9 | 914 |9 | 871 |   +-------------+-----------+-------------+-----------+   |10 or more | 982 |10 or more | 935 |   +-------------+-----------+-------------+-----------+  (2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter.  Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.  (b) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant mother for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the mother, and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.  (1) Aid shall also be paid to a pregnant woman with no other children in the amount which would otherwise be paid to one person under subdivision (a) at any time after verification of pregnancy if the pregnant woman is also eligible for the Cal-Learn Program described in Article 3.5 (commencing with Section 11331) and if the mother, and child, if born, would have qualified for aid under this chapter.   (2) Paragraph (1) shall apply only when the Cal-Learn Program is operative.  (c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant mothers qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the mother, and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants and Children program. If that payment to pregnant mothers qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the mother, and the child, if born, would have qualified for aid under this chapter. (d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month which, when added to the child's income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. (e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. (f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. (1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special need items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. (2) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families which are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or which is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. (A) (i) A nonrecurring special need of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. (ii) This special need shall be granted or denied immediately upon the family's application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family's homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. (iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form; good cause; or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. (B) A nonrecurring special need for permanent housing assistance is available to pay for last month's rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. The last month's rent or monthly arrearage portion of the payment (i) shall not exceed 80 percent of the family's total monthly household income without the value of CalFresh benefits or special needs for a family of that size and (ii) shall only be made to families that have found permanent housing costing no more than 80 percent of the family's total monthly household income without the value of CalFresh benefits or special needs for a family of that size. However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in clause (ii) of the preceding paragraph. (C) The nonrecurring special need for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. (D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. (E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. (ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. (iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement pursuant to  this  clause  (iii)  of the availability of domestic violence counseling and services, and refer those recipients to services upon request. (iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. (v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. (vi) The county welfare department shall report to the department  ,  through a statewide homeless assistance payment indicator system, necessary data, as requested by the department, regarding all recipients of aid under this paragraph. (F) The county welfare departments, and all other entities participating in the costs of the AFDC program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. (G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. (H) The daily amount for the temporary shelter special need for homeless assistance may be increased if authorized by the current year's Budget Act by specifying a different daily allowance and appropriating the funds therefor. (I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. (g) The department shall establish rules and regulations ensuring the uniform application statewide of this  subdivision   section  . (h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. (i) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in  subdivision (a)  .  The   subdivision (a). The  amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. (j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child's income, is equal to the rate specified in Sections 11364 and 11387. (k) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013. (2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. (3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.  SEC. 30.   Section 11450 is added to the   Welfare and Institutions Code   , to read:   11450. (a) (1) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family's income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, averaged for the prospective quarter pursuant to Sections 11265.2 and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following tables, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):   +---------------------------------------------------+   |CalWORKs Basic and CalWORKs Plus Programs |   +-------------+-----------+-------------+-----------+   |Number of |Maximum |Number of |Maximum |   |eligible |aid payment|eligible |aid payment|   |needy | |needy | |   |persons in | |persons in | |   |the same | |the same | |   |home Region | |home Region | |   |1 pursuant | |2 pursuant | |   |to Section | |to Section | |   |11452.018 | |11452.018 | |   +-------------+-----------+-------------+-----------+   |1 |$ 317 |1 |$ 300 |   +-------------+-----------+-------------+-----------+   |2 | 516 |2 | 490 |   +-------------+-----------+-------------+-----------+   |3 | 638 |3 | 608 |   +-------------+-----------+-------------+-----------+   |4 | 762 |4 | 725 |   +-------------+-----------+-------------+-----------+   |5 | 866 |5 | 825 |   +-------------+-----------+-------------+-----------+   |6 | 972 |6 | 926 |   +-------------+-----------+-------------+-----------+   |7 |1,069 |7 |1,016 |   +-------------+-----------+-------------+-----------+   |8 |1,164 |8 |1,109 |   +-------------+-----------+-------------+-----------+   |9 |1,258 |9 |1,198 |   +-------------+-----------+-------------+-----------+   |10 or more |1,351 |10 or more |1,286 |   +-------------+-----------+-------------+-----------+     +---------------------------------------------------+   |Child Maintenance Program |   +-------------+-----------+-------------+-----------+   |Number of |Maximum |Number of |Maximum |   |eligible |aid payment|eligible |aid payment|   |needy | |needy | |   |persons in | |persons in | |   |the same | |the same | |   |home Region | |home Region | |   |1 pursuant | |2 pursuant | |   |to Section | |to Section | |  |11452.018 | |11452.018 | |   +-------------+-----------+-------------+-----------+   |1 |$ 230 |1 |$ 218 |   +-------------+-----------+-------------+-----------+   |2 | 375 |2 | 356 |   +-------------+-----------+-------------+-----------+   |3 | 464 |3 | 442 |   +-------------+-----------+-------------+-----------+   |4 | 554 |4 | 527 |   +-------------+-----------+-------------+-----------+   |5 | 629 |5 | 600 |   +-------------+-----------+-------------+-----------+   |6 | 706 |6 | 673 |   +-------------+-----------+-------------+-----------+   |7 | 777 |7 | 738 |   +-------------+-----------+-------------+-----------+   |8 | 846 |8 | 806 |   +-------------+-----------+-------------+-----------+   |9 | 914 |9 | 871 |   +-------------+-----------+-------------+-----------+   |10 or more | 982 |10 or more | 935 |   +-------------+-----------+-------------+-----------+   (2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. (b) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant mother for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the mother, and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. (c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant mothers qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the mother, and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants and Children program. If that payment to pregnant mothers qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the mother, and the child, if born, would have qualified for aid under this chapter. (d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month which, when added to the child's income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. (e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. (f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. (1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special need items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. (2) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families which are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or which is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. (A) (i) A nonrecurring special need of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. (ii) This special need shall be granted or denied immediately upon the family's application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family's homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. (iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. (B) A nonrecurring special need for permanent housing assistance is available to pay for last month's rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. The last month's rent or monthly arrearage portion of the payment (i) shall not exceed 80 percent of the family's total monthly household income without the value of CalFresh benefits or special needs for a family of that size and (ii) shall only be made to families that have found permanent housing costing no more than 80 percent of the family's total monthly household income without the value of CalFresh benefits or special needs for a family of that size. However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department, in appropriate circumstances, shall set aside the condition specified in clause (ii) of the preceding paragraph. (C) The nonrecurring special need for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. (D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. (E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. (ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. (iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement pursuant to this clause of the availability of domestic violence counseling and services, and refer those recipients to services upon request. (iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. (v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. (vi) The county welfare department shall report to the department through a statewide homeless assistance payment indicator system necessary data, as requested by the department, regarding all recipients of aid under this paragraph. (F) The county welfare departments, and all other entities participating in the costs of the AFDC program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. (G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. (H) The daily amount for the temporary shelter special need for homeless assistance may be increased if authorized by the current year's Budget Act by specifying a different daily allowance and appropriating the funds therefor. (I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. (g) The department shall establish rules and regulations ensuring the uniform application statewide of this section. (h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. (i) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. (j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child's income, is equal to the rate specified in Sections 11364 and 11387. (k) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later. (l) (1) A county shall comply with the quarterly reporting provisions of this section until the county certifies to the director that semiannual reporting has been implemented in the county. (2) This section shall become inoperative on April 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 31.   Section 11450.01 of the   Welfare and Institutions Code   is amended to read:  11450.01. (a) Notwithstanding any other provision of law, commencing October 1, 1992, the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 1992, shall be reduced by 4.5 percent. (b) (1) The department shall seek the approval from the United States Department of Health and Human Services that is necessary to reduce the maximum aid payments specified in subdivision (a) by an additional amount equal to 1.3 percent of the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 1992. (2) The reduction provided by this subdivision shall be made on the first day of the month following 30 days after the date of approval by the United States Department of Health and Human Services.  (c) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.  SEC. 32.   Section 11450.015 of the   Welfare and Institutions Code   is amended to read:  11450.015.  (a)    Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1993, in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01, shall be reduced by 2.7 percent beginning the first of the month following 60 days after the enactment of this section.  (b) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.   SEC. 33.   Section 11450.017 of the   Welfare and Institutions Code   is amended to read:  11450.017.  (a)    Notwithstanding any other provision of law, the maximum aid payment in effect on June 30, 1994, in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01 and Section 11450.015, shall be reduced by 2.3 percent beginning the first of the month following 50 days after the effective date of this section.  (b) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.   SEC. 34.   Section 11450.018 of the   Welfare and Institutions Code   is amended to read:  11450.018. (a) Notwithstanding any other provision of law, the maximum aid payment in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01, Section 11450.015, and Section 11450.017, shall be reduced by 4.9 percent for counties in Region 2, as specified in Section 11452.018. (b) Notwithstanding any other provision of law, through October 31, 1998, the maximum aid payment in accordance with paragraph (1) of subdivision (a) of Section 11450, as reduced by subdivision (a) and (b) of Section 11450.01, Section 11450.015, Section 11450.017, and subdivision (a) shall be reduced by 4.9 percent. (c) Prior to implementing the reductions specified in subdivisions (a) and (b), the director shall apply for and obtain a waiver from the United States Department of Health and Human Services of Section 1396a(c)(1) of Title 42 of the United States Code. The reduction shall be implemented to the extent the waiver is granted and only so long as the waiver is effective. This subdivision shall not apply if either the federal waiver process set forth at Section 1315 of Title 42 of the United States Code or Section 1396a(c) is repealed or modified such that a waiver is not necessary to implement subdivision (a) or (b). (d) This section shall become operative and the reductions specified in subdivisions (a) and (b) shall commence on the first day of the month following 30 days after the receipt of federal approval or on the first day of the month following 30 days after a change in federal law that allows states to reduce aid payments without any risk to federal funding under Title XIX of the Social Security Act, whichever is earlier, but no earlier than October 1, 1995.  (e) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.   SEC. 35.  Section 11450.019 of the   Welfare and Institutions Code   is amended to read:  11450.019.  (a)    Effective the first day of the month following 90 days after a change in federal law that allows states to reduce aid payments without any risk to federal funding under Title XIX of the Social Security Act contained in Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code, the reductions in maximum aid payments specified in Sections 11450.01, 11450.015, and 11450.017 shall not be applied when all of the parents or caretaker relatives of the aided child living in the home of the aided child meet one of the following conditions:  (a)   (1)  The individual is disabled and receiving benefits under Section 12200 or 12300.  (b)   (2)  The individual is a nonparent caretaker who is not included in the assistance unit with the child.  (c)   (3)  The individual is disabled and is receiving State Disability Insurance benefits or Worker's Compensation Temporary Disability benefits.  (b) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.   SEC. 36.   Section 11450.02 of the  Welfare and Institutions Code   is amended to read:  11450.02. (a) Notwithstanding any other provision of law, commencing July 1, 2009, the maximum aid payments in effect September 1, 2007, as specified in paragraph (1) of subdivision (a) of Section 11450, shall be reduced by 4 percent. (b) Notwithstanding any other law, the maximum aid payments in effect on July 1, 2009, as specified in subdivision (a), shall be reduced by 8 percent, effective on June 1, 2011, or on the first day of the first month following 90 days after the effective date of the act that added this subdivision, whichever is later.  (c) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.   SEC. 37.   Section 11450.03 of the   Welfare and Institutions Code   is amended to read:  11450.03. (a) Notwithstanding the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450, families that have resided in this state for less than 12 months shall be paid an amount calculated in accordance with paragraph (1) of subdivision (a) of Section 11450, not to exceed the maximum aid payment that would have been received by that family from the state of prior residence. (b) This section shall not become operative until the date of approval by the United States Secretary of Health and Human Services necessary to implement the provisions of this section so as to ensure the continued compliance of the state plan for the following: (1) Title IV of the federal Social Security Act (Subchapter 4 (commencing with Section 601) of Chapter 7 of Title 42 of the United States Code). (2) Title IX of the federal Social Security Act (Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code).  (c) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.   SEC. 38.   Section 11451.5 of the     Welfare and Institutions Code   , as amended by Section 19 of Chapter 501 of the Statutes of 2011, is amended to read:  11451.5. (a) Except as provided by subdivision (f) of Section 11322.6, the following income, averaged over the quarter pursuant to Sections 11265.2 and 11265.3, shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450: (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts: (A) All disability-based unearned income, plus any amount of not otherwise exempt earned income not in excess of the lesser of the following: (i) One hundred twelve dollars ($112). (ii) The amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225). (B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A). (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts: (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income. (B) Fifty percent of all earned income. (b) For purposes of this section: (1) Earned income means gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (2) Disability-based unearned income means state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, and social security disability benefits. (3) Unearned income means any income not described in paragraph (1) or (2).  (c) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or June 1, 2011, whichever is later.   (d) (1) A county shall comply with the quarterly reporting provisions of this section until the county certifies to the director that semiannual reporting has been implemented in the county.   (2)   (c)  This section shall become inoperative on  October 1, 2013, and   the first day of the first month follo   wing 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later  , as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.  SEC. 39.   Section 11451.5   of the   Welfare and Institutions Code   , as added by Section 20 of Chapter 501 of the Statutes of 2011, is amended to read:  11451.5. (a)  Except as provided by subdivision (f) of Section 11322.6   For grants provided to recipients of the CalWORKs Basic Program in accordance with Article 3 (commencing with Section 11300)  , the following income, determined for the semiannual period pursuant to Sections 11265.2 and 11265.3, shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450: (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts: (A) All disability-based unearned income, plus any amount of not otherwise exempt earned income not in excess of the lesser of the following: (i) One hundred twelve dollars ($112). (ii) The amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225). (B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A). (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts: (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income. (B) Fifty percent of all earned income.  (b) For grants provided to recipients of the CalWORKs Plus Program in accordance with Article 3.5 (commencing with Section 11330), the following income, determined for the semiannual period pursuant to Sections 11265.2 and 11265.3, shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450:   (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts:   (A) All disability-based unearned income, plus any amount of not otherwise exempt earned income not in excess of the lesser of the following:   (i) Two hundred dollars ($200).   (ii) The amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225).   (B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A).   (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts:   (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income.   (B) Fifty percent of all earned income.   (c) For grants provided to recipients of the Child Maintenance Program in accordance with Article 4 (commencing with Section 11340), the following income shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450:   (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts:   (A) All disability-based unearned income.   (B) Fifty percent of all not otherwise exempt earned income.   (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts:   (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income.   (B) Fifty percent of all earned income.   (b)   (d)  For purposes of this section  , the following definitions shall apply  : (1)  Earned income   "Earned income   "    means gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (2)  Disability-based unearned income   ?? Disability-based unearned income"  means state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, and social security disability benefits. (3)  Unearned income   "Unearned   income   "    means any income not described in paragraph (1) or (2).  (c) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or June 1, 2011, whichever is later.   (d)   (e)  (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013. (2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. (3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.  SEC. 40.   Section 11451.5 is added to the   Welfare and Institutions Code   , to read:   11451.5. (a) For grants provided to recipients of the CalWORKs Basic Program in accordance with Article 3 (commencing with Section 11300), the following income averaged over the quarter pursuant to Sections 11265.2 and 11265.3 shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450: (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts: (A) All disability-based unearned income, plus any amount of not otherwise exempt earned income not in excess of the lesser of the following: (i) One hundred twelve dollars ($112). (ii) The amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225). (B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A). (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts: (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income. (B) Fifty percent of all earned income. (b) For grants provided to recipients of the CalWORKs Plus Program in accordance with Article 3.5 (commencing with Section 11330), the following income averaged over the quarter pursuant to Sections 11265.2 and 11265.3 shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450: (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts: (A) All disability-based unearned income, plus any amount of not otherwise exempt earned income not in excess of the lesser of the following: (i) Two hundred dollars ($200). (ii) The amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225). (B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A). (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts: (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income. (B) Fifty percent of all earned income. (c) For grants provided to recipients of the Child Maintenance Program in accordance with Article 4 (commencing with Section 11340), the following income shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450: (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts: (A) All disability-based unearned income. (B) Fifty percent of all not otherwise exempt earned income. (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts: (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income. (B) Fifty percent of all earned income. (d) For purposes of this section, the following definitions shall apply: (1) "Earned income" means gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (2) "Disability-based unearned income" means state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, and social security disability benefits. (3) "Unearned income" means any income not described in paragraph (1) or (2). (e) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later. (f) (1) A county shall comply with the quarterly reporting provisions of this section until the county certifies to the director that semiannual reporting has been implemented in the county. (2) This section shall become inoperative on April 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 41.   Section 11453.3 is added to the   Welfare and Institutions Code   , to read:   11453.3. (a) Any participant required to participate pursuant to subdivision (d) of Section 11320.3 who maintains satisfactory progress in school shall, not more than four times in a calendar year, receive a one hundred dollar ($100) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid to the assistance unit of which the teenage parent is a member, in the month following submission of the report card, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the report card, if received by the county after the 11th calendar day of the month. (b) Any participant required to participate pursuant to subdivision (d) of Section 11320.3 who successfully completes high school or a California high school equivalency examination shall receive a five-hundred-dollar ($500) supplement. No assistance unit shall receive a one-hundred-dollar ($100) supplement when a five-hundred-dollar ($500) supplement for the same report card or progress report is paid. The five-hundred-dollar ($500) supplement shall be paid to the teenage parent in the month following submission of the record of completion, if received by the county no later than the 11th calendar day of the month, or in the second month following submission of the record of completion, if received by the county after the 11th calendar day of the month. (c) (1) For purposes of this section, in schools that provide periodic report cards with letter grades, satisfactory progress means maintaining a grade point average of at least 2.0 on a scale where an A equals 4.0 points and an F equals 0 points, and adequate progress means maintaining a grade point average of at least 1.0 on the same scale. (2) For the purposes of this section, in schools or other educational programs that do not provide letter grades indicating student performance, satisfactory progress or inadequate progress shall be determined by the school's regular assessment of periodic progress. (d) This section shall become operative on July 1, 2012.   SEC. 42.   Section 11454 of the   Welfare and Institutions Code   is amended to read:  11454. (a) A parent or caretaker relative shall not be eligible for aid under this chapter when he or she has received aid under this chapter or from any state under the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)) for a cumulative total of 48 months. (b) (1) Except as otherwise specified in subdivision (c), Section 11454.5, or  any  other  provisions of  law, all months of aid received under this chapter from January 1, 1998, to the operative date of this section, inclusive, shall be applied to the 48-month time limit described in subdivision (a). (2) All months of aid received from January 1, 1998, to the operative date of this section, inclusive, in any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)), shall be applied to the 48-month time limit described in subdivision (a). (c) Subdivision (a) and paragraph (1) of subdivision (b) shall not be applicable when all parents or caretaker relatives of the aided child who are living in the home of the child meet any of the following requirements: (1) They are 60 years of age or older. (2) They meet one of the conditions specified in paragraph (4) or (5) of subdivision (b) of Section 11320.3. (3) They are not included in the assistance unit. (4) They are receiving benefits under Section 12200 or Section 12300, State Disability Insurance benefits or Workers' Compensation Temporary Disability Insurance, if the disability significantly impairs the recipient's ability to be regularly employed or participate in welfare-to-work activities. (5) They are incapable of maintaining employment or participating in welfare-to-work activities, as determined by the county, based on the assessment of the individual and the individual has a history of participation and full cooperation in welfare-to-work activities.  (d) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later and, as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 43.   Sect   ion 11454 is added to the   Welfare and Institutions Code   , to read:   11454. (a) A parent or caretaker relative shall not be eligible for aid under this chapter when he or she has received aid under this chapter or from any state under the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)) for a cumulative total of 48 months. (b) (1) Except as otherwise specified in Section 11454.5 or any other law, all months of aid received under this chapter from January 1, 1998, to the operative date of this section, inclusive, shall be applied to the 48-month time limit described in subdivision (a). (2) All months of aid received from January 1, 1998, to the operative date of this section, inclusive, in any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)), shall be applied to the 48-month time limit described in subdivision (a). (c) Commencing the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, a month in which a parent or caretaker relative is under sanction in accordance with Section 11327.5 shall be applied towards the time limitations described in subdivision (a). (d) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.   SEC. 44.   Section 11454.2 of the   Welfare and Institutions Code  is repealed.   11454.2. For purposes of making the transition to the requirements of the act that added this section, county welfare departments shall provide any assistance unit that includes a member who will reach the 48-month time limit described in subdivision (a) of Section 11454 before January 1, 2012, a notice of action 30 days prior to the date upon which the grant of the assistance unit will be reduced. This notice shall include a statement of the rights granted pursuant to Chapter 7 (commencing with Section 10950) of Part 2.   SEC. 45.   Section 11454.5 of the   Welfare and Institutions Code  is amended to read:  11454.5. (a) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454: (1) The recipient is exempt from participation under Article 3.2 (commencing with Section 11320) due to disability, or advanced age in accordance with paragraph (3) of subdivision (b) of Section 11320.3, or due to caretaking responsibilities that impair the recipient's ability to be regularly employed, in accordance with paragraph (4) or (5) of subdivision (b) of Section 11320.3. (2) The recipient is eligible for, participating in, or exempt from, the Cal-Learn Program provided for pursuant to Article 3.5 (commencing with Section 11331), for any period during which the Cal-Learn Program is operative, is participating in another teen parent program approved by the department, or, on or after January 1, 2012, is a nonminor dependent under the supervision of the county welfare or probation department who is placed in an approved relative' s home and is eligible for aid under this section because he or she satisfies the conditions described in Section 11403. (3) The cost of the cash aid provided to the recipient for the month is fully reimbursed by child support, whether collected in that month or any subsequent month. (4) The family is a former recipient of cash aid under this chapter and currently receives only child care, case management, or supportive services pursuant to Section 11323.2 or Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. (5) To the extent provided by federal law, the recipient lived in Indian country, as defined by federal law, or an Alaskan native village in which at least 50 percent of the adults living in the Indian country or in the village are not employed. (6) The recipient has been excused from participation for good cause pursuant to paragraph (1) of subdivision (f) of Section 11320.3. This paragraph shall become inoperative on July 1, 2012. (7) The recipient is exempt from participation due to caretaking responsibilities that impair the recipient's ability to be regularly employed, or is otherwise exempt, in accordance with paragraph (7) of subdivision (b) of Section 11320.3. This paragraph shall become inoperative on July 1, 2012. (b) In cases where a lump-sum diversion payment is provided in lieu of cash aid under Section 11266.5, the month in which the payment is made or the months calculated pursuant to subdivision (f) of Section 11266.5 shall count against the limits specified in Section 11454.  (c) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and, as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 46.   Section 11454.5 is added to the   Welfare and Institutions Code   , to read:   11454.5. (a) Any month in which any of the following conditions exists shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454: (1) Any month the recipient is a nonminor dependent under the supervision of the county welfare or probation department who is placed in an approved relative's home and is eligible for aid under this chapter because he or she satisfies the conditions described in Section 11403. (2) Any month of receipt of assistance by an adult while living in Indian country, as defined in Section 1151 of Title 18 of the United States Code, or a Native Alaskan Village where at least 50 percent of the adults were not employed. (3) Any month the recipient is a custodial parent who is under 20 years of age and attending high school in accordance with subdivision (d) of Section 11320.3. (b) In cases where a lump-sum diversion payment is provided in lieu of cash aid under Section 11266.5, the month in which the payment is made or the months calculated pursuant to subdivision (f) of Section 11266.5 shall count against the limits specified in Section 11454. (c) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.   SEC. 47.   Section 11454.6 of the   Welfare and Institutions Code   is amended to read:  11454.6. (a) Notwithstanding Section 15200, to the extent that the exemptions from the time limits on aid specified in paragraphs (1), (2), (4), and (5) of subdivision (c) of Section 11454 and subdivision (a) of Section 11454.5 exceed 20 percent of the number of families aided in a county, for a period as determined by the United States Department of Health and Human Services, for purposes of measuring the hardship exemption for time limits, the county shall be responsible for the amount of aid that would otherwise have been paid through federal Temporary Assistance for Needy Families block grant funds pursuant to Section 11450, with respect to those persons exempt under either paragraphs (1), (2), (4), and (5) of subdivision (c) of Section 11454 or subdivision (a) of Section 11454.5 that exceed the 20 percent hardship exemption during the period determined by the United States Department of Health and Human Services and provided for in federal law. (b) Subdivision (a) shall not apply if the statewide percentage of families aided during that period is 20 percent or less. (c) The department may determine that a county has good cause for exceeding the 20-percent limitation provided for in subdivision (a). Under this determination, the county share may be reduced or waived by the department. (d) It is the intent of the Legislature that the steering committee as specified in Section 10544.317 review this provision to ensure that: (1) The state does not exceed the limit on hardship exemptions as provided in federal law. (2) Counties are not penalized for circumstances beyond their control and that statewide flexibility for allocation of the percentages is assured. (3) Recipients will have access to the hardship exemption, regardless of their county of origin.  (e) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 48.   Section 11475.3 of the   Welfare and Institutions Code   is amended to read:  11475.3.  (a)    The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under this chapter, except recipients of foster care payments under Article 5 (commencing with Section 11400) shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.  (b) This section shall become inoperative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 49.   Section 11475.3 is added to the   Welfare and Institutions Code   , to read:   11475.3. (a) For assistance units that are eligible for the CalWORKs Basic Program or the CalWORKs Plus Program described in Article 3 (commencing with Section 11300) and Article 3.5 (commencing with Section 11330), respectively, the first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under this chapter, except recipients of foster care payments under Article 5 (commencing with Section 11400) shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section. (b) Subdivision (a) shall not apply to an assistance unit receiving aid in the Child Maintenance Program described in Article 4 (commencing with Section 11340). (c) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.   SEC. 50.   Section 11496 is added to the   Welfare and Institutions Code   , to read:   11496. Commencing on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later, and notwithstanding the provisions of this article, a waiver granted or previously granted in accordance with this article shall not include a waiver of the time limitations described in Sections 11302 and 11454.  SEC. 51.   Article 8 (commencing with Section 11500) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 52.   Article 9 (commencing with Section 11520) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 53.   Article 8 (commencing with Section 11520) is added to Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   , to read:   Article 8. CalWORKs Evaluation and Research 11520. The department shall ensure that county demonstration projects and other innovative county approaches to CalWORKs program implementation are independently and rigorously evaluated and that findings are reported to the Legislature in a timely fashion. The evaluation of a county-specific program shall be developed in conjunction with the county and other appropriate agencies responsible for the local program. 11521. The department shall have access to, and authority to obtain for tracking, monitoring, research, and evaluation purposes, data collected by counties on recipients receiving cash aid, in-kind payments, or supportive services. 11522. The department, in conjunction with participating representatives of counties and the Legislature, shall develop approaches to improving data collection and management information reporting in the CalWORKs program. 11523. (a) The department shall establish procedures to provide timely access to information on CalWORKs families to counties and researchers in a manner that maintains confidentiality of data while making it possible to undertake ongoing monitoring, research, and evaluation. (b) The State Department of Health Care Services, the Employment Development Department, the Franchise Tax Board, the State Department of Education, and any other state or local governmental agency that collects information on aided families shall provide the department with the necessary data, if legally available. 11526. (a) The Legislature hereby requests the Regents of the University of California to establish and administer a program or programs to support welfare research and evaluation of the CalWORKs program. (b) It is the intent of the Legislature that the program or programs established by the University of California do all of the following: (1) Establish a sponsored grants program to provide funding for interested researchers to undertake studies on important welfare-related issues. These grants shall be applied only to research projects requested by representatives of state and local government entities. (2) Establish one or more federal Bureau of the Census secure data sites to link census and administrative data bases for ongoing research purposes. (3) Use existing data archives to develop data sets appropriate for monitoring and evaluating the impacts of CalWORKs program implementation in California. (4) Create and maintain public use data sets and make data available to researchers and members of the public to support welfare research and related human services research. (5) Provide an ongoing capacity for supporting, conducting, and disseminating welfare policy research. (6) Produce and maintain lists of researchers working with California welfare data or conducting research on public assistance in California. (7) Review, edit, publish, and disseminate research and evaluation reports to state and local policymakers. (8) Provide forums for the presentation of research findings and the discussion of research on welfare. (9) Provide a location for welfare data archives and monitor ongoing funding for their upkeep. 11526.5. The department shall enter into an interagency agreement with the University of California for the purpose of implementing Section 11526, subject to the appropriation by the Legislature of funds for purposes of the interagency agreement.   SEC. 54.   Article 9.5 (commencing with Section 11525) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 55.   Article 9.7 (commencing with Section 11526) of Chapter 2 of Part 3 of Division 9 of the   Welfare and Institutions Code   is repealed.   SEC. 56.   (a) 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 act through all-county letters or similar instructions from the director until regulations are adopted. The department shall adopt emergency regulations implementing these provisions no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, any emergency regulation previously adopted under this section.   (b) The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.   SEC. 57.   Sections 4 to 19, inclusive, Sections 24, 26, and 27, and Sections 51 to 55, inclusive, of this act provide for the reorganization of provisions of Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. The Legislature finds and declares that these sections are technical, nonsubstantive changes to existing law.   SEC. 58.   The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.   SEC. 59.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   However, if the Commission on State Mandates determines that this act contains other 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.   SEC. 60.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:   In order to maximize the impact of the reforms and efficiencies contained in this act, it is necessary for this act to take effect immediately.   SECTION 1.   Section 110673.1 is added to the Health and Safety Code, to read: 110673.1. Notwithstanding Section 110673, and to the extent permitted by federal law, the department shall adopt standards that authorize the use of the terms "gluten free" and "wheat free" on food labeling only when the food contains less than 20 parts per million of gluten.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.