AB 1755

Introduced by Assembly Members Sharp-Collins and Lee
(Coauthors: Assembly Members Aguiar-Curry, Garcia, Mark González, Jackson, Ransom, Tangipa, Ward, and Zbur)
(Coauthor: Senator Rubio)
 An act to amend, repeal, and add Section 11201 of the Welfare and Institutions Code, relating to CalWORKs.
CalWORKs
CalWORKS.
Existing federal law, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, replaced the federal Aid to Families with Dependent Children (AFDC) program with the federal Temporary Assistance to Needy Families (TANF) block grant program. Existing federal law provides for allocation of federal funds through the federal TANF block grant program to eligible states. Existing law establishes 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 requires aid to be granted to a family with a related child under 18 years of age who has been deprived of parental support or care due to the
			 unemployment, continued absence, death, incapacity, or incarceration of a parent. Existing law considers a child to be deprived of parental support or care due to unemployment of the child’s parent or parents when the child’s parent or parents have worked less than 100 hours in the preceding 4 weeks and meets specified requirements related to the federal AFDC program.
This bill would, for purposes of determining a child’s deprivation of parental support or care, delete the requirements that the parent or parents work less than 100 hours in the preceding 4 weeks and meet the federal AFDC program requirements. The bill would instead disregard the number of hours that the child’s parent or parents work, provided the family does not exceed the applicable gross or net income
			 limits. The bill would make these provisions operative on July 1, 2027, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the provisions, whichever is later. To the extent that the bill would expand eligibility for the CalWORKs program, thereby imposing a higher level of service on counties, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
The
			 California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 11201 of the
Welfare and Institutions Code
 is amended to read:
11201.
(a) For the purposes of this chapter, all of the following shall apply:
(1) “Unemployed parent” means a natural or adoptive parent with whom the child is living.
(2) A child for whom a parent is applying for assistance under this chapter shall be considered to be deprived of parental support or care due to the unemployment of the child’s parent or parents when the parent has worked less than 100 hours in the preceding four weeks and meets the requirements concerning an unemployed parent in effect on August 21, 1996, as set forth in Section 233.100 of Title 45 of the Code of Federal Regulations, except
						for the provisions of subparagraph (i) to (v), inclusive, of paragraph (3) of
						subdivision (a) of that section.
(3) A family receiving aid under this chapter with a child who is considered to be deprived of parental support or care due to unemployment may continue to receive assistance regardless of the number of hours the child’s parent
						works, provided that the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance.
(b) This section shall become inoperative on July 1, 2027, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11201, as added by the act that added this subdivision, whichever date is later, and, as of January 1 of the following year, is repealed.
SEC. 2.
Section 11201 is added to the
Welfare and Institutions Code
, to read:
11201.
(a) For the purposes of this chapter, both of the following shall apply:
(1) “Unemployed parent” means a natural or adoptive parent with whom the child is living.
(2) A child for whom a parent is applying for assistance under this chapter shall be considered to be deprived of parental support or care due to the unemployment of the child’s parent or parents, regardless of the number of hours the child’s parent or parents work, provided that the family does not exceed the applicable gross or net income limits.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing
						with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.
(c) This section shall become operative on July 1, 2027, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 3.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for 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.