Amended IN Assembly March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1436Introduced by Assembly Member Mark StoneFebruary 22, 2019 An act to amend Sections 11450.12 and 11451.5 of the Welfare and Institutions Code, relating to foster care. CalWORKs.LEGISLATIVE COUNSEL'S DIGESTAB 1436, as amended, Mark Stone. Foster care. CalWORKs: eligibility: income exemptions.Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law continuously appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program. Under existing law, an applicant family is not eligible for aid under the CalWORKs program unless the familys income, exclusive of the first $90 of earned income for each employed person, is less than the minimum basic standard of care, as specified. Existing law exempts certain income from the calculation of the familys income for purposes of the CalWORKs program, including disability-based unearned income, in accordance with specified provisions, depending upon whether or not that income exceeds $225.This bill would increase the above amounts incrementally on an annual basis, commencing on January 1, 2020. The bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program. Because the bill would result in an increase in CalWORKs eligibility, thus increasing the duties of counties administering the CalWORKs program the bill would impose a state-mandated local program. The bill also would delete obsolete provisions of existing law.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing federal law requires a child who is eligible for foster care maintenance payments, or who would be eligible under specified conditions, to be eligible for those payments for 12 months or less when the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse. Existing state law requires, in order to be eligible for foster care maintenance payments, a child to be placed in specified settings, including, among others, the approved home of a resource family.This bill would state the intent of the Legislature to enact legislation to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities in a manner that enables counties to continue receiving federal funding for the placements to the maximum extent possible.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11450.12 of the Welfare and Institutions Code is amended to read:11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.(c)(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. 2. Section 11451.5 of the Welfare and Institutions Code is amended to read:11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.(3) Unearned income means any income not described in paragraph (1) or (2).(c)This section shall become operative on October 1, 2013.(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:(1) Effective January 1, 2020, to five hundred dollars ($500).(2) Effective January 1, 2021, to five hundred fifty dollars ($550).(3) Effective January 1, 2022, to six hundred dollars ($600).(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.SEC. 3. No appropriation pursuant to Section 15200 of Welfare and Institutions Code shall be made for the purposes of this act.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation that does both of the following:(a)Enables county child welfare agencies, at their option, to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act (P.L. 115-123) by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities.(b)Accomplishes the provisions of subdivision (a) in a manner that enables counties to continue receiving federal funding under Title IV-E of the Social Security Act for the placements to the maximum extent possible.
Amended IN Assembly March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1436Introduced by Assembly Member Mark StoneFebruary 22, 2019 An act to amend Sections 11450.12 and 11451.5 of the Welfare and Institutions Code, relating to foster care. CalWORKs.LEGISLATIVE COUNSEL'S DIGESTAB 1436, as amended, Mark Stone. Foster care. CalWORKs: eligibility: income exemptions.Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law continuously appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program. Under existing law, an applicant family is not eligible for aid under the CalWORKs program unless the familys income, exclusive of the first $90 of earned income for each employed person, is less than the minimum basic standard of care, as specified. Existing law exempts certain income from the calculation of the familys income for purposes of the CalWORKs program, including disability-based unearned income, in accordance with specified provisions, depending upon whether or not that income exceeds $225.This bill would increase the above amounts incrementally on an annual basis, commencing on January 1, 2020. The bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program. Because the bill would result in an increase in CalWORKs eligibility, thus increasing the duties of counties administering the CalWORKs program the bill would impose a state-mandated local program. The bill also would delete obsolete provisions of existing law.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing federal law requires a child who is eligible for foster care maintenance payments, or who would be eligible under specified conditions, to be eligible for those payments for 12 months or less when the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse. Existing state law requires, in order to be eligible for foster care maintenance payments, a child to be placed in specified settings, including, among others, the approved home of a resource family.This bill would state the intent of the Legislature to enact legislation to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities in a manner that enables counties to continue receiving federal funding for the placements to the maximum extent possible.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 27, 2019
Amended IN Assembly March 27, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1436
Introduced by Assembly Member Mark StoneFebruary 22, 2019
Introduced by Assembly Member Mark Stone
February 22, 2019
An act to amend Sections 11450.12 and 11451.5 of the Welfare and Institutions Code, relating to foster care. CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1436, as amended, Mark Stone. Foster care. CalWORKs: eligibility: income exemptions.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law continuously appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program. Under existing law, an applicant family is not eligible for aid under the CalWORKs program unless the familys income, exclusive of the first $90 of earned income for each employed person, is less than the minimum basic standard of care, as specified. Existing law exempts certain income from the calculation of the familys income for purposes of the CalWORKs program, including disability-based unearned income, in accordance with specified provisions, depending upon whether or not that income exceeds $225.This bill would increase the above amounts incrementally on an annual basis, commencing on January 1, 2020. The bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program. Because the bill would result in an increase in CalWORKs eligibility, thus increasing the duties of counties administering the CalWORKs program the bill would impose a state-mandated local program. The bill also would delete obsolete provisions of existing law.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing federal law requires a child who is eligible for foster care maintenance payments, or who would be eligible under specified conditions, to be eligible for those payments for 12 months or less when the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse. Existing state law requires, in order to be eligible for foster care maintenance payments, a child to be placed in specified settings, including, among others, the approved home of a resource family.This bill would state the intent of the Legislature to enact legislation to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities in a manner that enables counties to continue receiving federal funding for the placements to the maximum extent possible.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law continuously appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program. Under existing law, an applicant family is not eligible for aid under the CalWORKs program unless the familys income, exclusive of the first $90 of earned income for each employed person, is less than the minimum basic standard of care, as specified. Existing law exempts certain income from the calculation of the familys income for purposes of the CalWORKs program, including disability-based unearned income, in accordance with specified provisions, depending upon whether or not that income exceeds $225.
This bill would increase the above amounts incrementally on an annual basis, commencing on January 1, 2020. The bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program. Because the bill would result in an increase in CalWORKs eligibility, thus increasing the duties of counties administering the CalWORKs program the bill would impose a state-mandated local program. The bill also would delete obsolete provisions of existing law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing federal law requires a child who is eligible for foster care maintenance payments, or who would be eligible under specified conditions, to be eligible for those payments for 12 months or less when the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse. Existing state law requires, in order to be eligible for foster care maintenance payments, a child to be placed in specified settings, including, among others, the approved home of a resource family.
This bill would state the intent of the Legislature to enact legislation to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities in a manner that enables counties to continue receiving federal funding for the placements to the maximum extent possible.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11450.12 of the Welfare and Institutions Code is amended to read:11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.(c)(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. 2. Section 11451.5 of the Welfare and Institutions Code is amended to read:11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.(3) Unearned income means any income not described in paragraph (1) or (2).(c)This section shall become operative on October 1, 2013.(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:(1) Effective January 1, 2020, to five hundred dollars ($500).(2) Effective January 1, 2021, to five hundred fifty dollars ($550).(3) Effective January 1, 2022, to six hundred dollars ($600).(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.SEC. 3. No appropriation pursuant to Section 15200 of Welfare and Institutions Code shall be made for the purposes of this act.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation that does both of the following:(a)Enables county child welfare agencies, at their option, to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act (P.L. 115-123) by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities.(b)Accomplishes the provisions of subdivision (a) in a manner that enables counties to continue receiving federal funding under Title IV-E of the Social Security Act for the placements to the maximum extent possible.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11450.12 of the Welfare and Institutions Code is amended to read:11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.(c)(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.
SECTION 1. Section 11450.12 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.(c)(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.
11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.(c)(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.
11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.(c)(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.
11450.12. (a) An (1) Except as provided in paragraphs (2) to (5), inclusive, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.
(2) Commencing January 1, 2020, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred dollars ($500) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.
(3) Commencing January 1, 2021, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first five hundred fifty dollars ($550) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.
(4) Commencing January 1, 2022, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the first six hundred dollars ($600) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452.
(5) Commencing January 1, 2023, and annually thereafter, an applicant family shall not be eligible for aid under this chapter unless the familys income, exclusive of the amount of earned income for each employed person equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective, is less than the minimum basic standard of adequate care, as specified in Section 11452.
(b) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.
(c)(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. 2. Section 11451.5 of the Welfare and Institutions Code is amended to read:11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.(3) Unearned income means any income not described in paragraph (1) or (2).(c)This section shall become operative on October 1, 2013.(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:(1) Effective January 1, 2020, to five hundred dollars ($500).(2) Effective January 1, 2021, to five hundred fifty dollars ($550).(3) Effective January 1, 2022, to six hundred dollars ($600).(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.
SEC. 2. Section 11451.5 of the Welfare and Institutions Code is amended to read:
### SEC. 2.
11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.(3) Unearned income means any income not described in paragraph (1) or (2).(c)This section shall become operative on October 1, 2013.(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:(1) Effective January 1, 2020, to five hundred dollars ($500).(2) Effective January 1, 2021, to five hundred fifty dollars ($550).(3) Effective January 1, 2022, to six hundred dollars ($600).(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.
11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.(3) Unearned income means any income not described in paragraph (1) or (2).(c)This section shall become operative on October 1, 2013.(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:(1) Effective January 1, 2020, to five hundred dollars ($500).(2) Effective January 1, 2021, to five hundred fifty dollars ($550).(3) Effective January 1, 2022, to six hundred dollars ($600).(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.
11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.(3) Unearned income means any income not described in paragraph (1) or (2).(c)This section shall become operative on October 1, 2013.(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:(1) Effective January 1, 2020, to five hundred dollars ($500).(2) Effective January 1, 2021, to five hundred fifty dollars ($550).(3) Effective January 1, 2022, to six hundred dollars ($600).(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.
11451.5. (a) The Except as provided in subdivision (c), 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, plus any amount of not otherwise exempt earned income equal to 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, social security disability benefits, and any veterans disability compensation.
(3) Unearned income means any income not described in paragraph (1) or (2).
(c)This section shall become operative on October 1, 2013.
(c) Each two-hundred-twenty-five-dollar ($225) amount specified in paragraphs (1) and (2) of, and subparagraphs (A) of paragraphs (1) and (2) of, subdivision (a), shall be increased as follows:
(1) Effective January 1, 2020, to five hundred dollars ($500).
(2) Effective January 1, 2021, to five hundred fifty dollars ($550).
(3) Effective January 1, 2022, to six hundred dollars ($600).
(4) Effective January 1, 2023, and annually thereafter, to an amount equal to the amount from the prior calendar year as increased by an amount equal to the increase in the California Necessities Index for the fiscal year in which the adjustment becomes effective.
SEC. 3. No appropriation pursuant to Section 15200 of Welfare and Institutions Code shall be made for the purposes of this act.
SEC. 3. No appropriation pursuant to Section 15200 of Welfare and Institutions Code shall be made for the purposes of this act.
SEC. 3. No appropriation pursuant to Section 15200 of Welfare and Institutions Code shall be made for the purposes of this act.
### SEC. 3.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 4.
It is the intent of the Legislature to enact legislation that does both of the following:
(a)Enables county child welfare agencies, at their option, to utilize new types of foster care placements that are authorized by the federal Family First Prevention Services Act (P.L. 115-123) by authorizing, and creating a structure for, the placement of children with parents who are residing in licensed residential family-based treatment facilities.
(b)Accomplishes the provisions of subdivision (a) in a manner that enables counties to continue receiving federal funding under Title IV-E of the Social Security Act for the placements to the maximum extent possible.