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HomeMy WebLinkAboutMINUTES - 03231993 - 1.4 (2) 1 -40 TO: BOARD OF StiPERVISORS Contra Phil Batchelor, County Administrator FROM: Costa County March 16 1993 v raw DATE: ��ciiur SUBJECT: LEGISLATION: AB 824 (Bates) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt a position in SUPPORT of that portion of AB 824 (Bates) which would require counties to issue a single public assistance warrant on the first of the month to each AFDC recipient. BACKGROUND: As a part of the County Administrator' s report to the Board of Supervisors February 2, 1993 on the County' s 1993-94 Budget, the Board approved Recommendation # 53, which indicated the Board' s support for legislation which would mandate a once-a-month payment schedule for AFDC recipients and asked the County Administrator to bring any such legislation which is introduced to the Board' s attention. Assemblyman Tom Bates has introduced the Welfare Prevention Act of 1993, a portion of which adds Section 10825 to the Welfare and Institutions Code and mandates the issuance of a single public assistance warrant each month, to be delivered on the first of the month. Since this concept is already one the Board has agreed to support, it appears to be appropriate for the Board to indicate its support for at least this portion of AB 824 . CONTINUED ON ATTACHMENT: YES - SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ONMarch 23, 1993 APPROVED AS RECOMMENDED k OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT 2C ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS N THE DATE SHOWN. ATTESTED v� 3 Contact: County Administrator PHIL BATCHELOR.CLERK OF THE BOARD OF cc: Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Social Services Director County Counsel Sara Hoffman, Senior Deputy County e DEPUTY t n , CALIFORNIA LEGISLA'l:iTxiF,1993-94 REGULAR SESSION rr.. ASSEMBLY BILL No. 824 Introduced by Assembly Member Bates t_J February 25, 1993 An act to amend Section 8352 of the Education Code, to amend.. . Sections 10102, 11008.19, 11055.5, 11265.5, 11320, 11320.6, 11322.41 11322.8, '11330, 1.1330.1, 11330.10, 18901, 18902.5, 18906, and 18920 of, to amend the headings of Article 3.2 (commencing with Section 11320) and Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3 of Division 9 of, to add Sections 10606.1, 11265.6, and 11330.15 to, to add. Article 2.7 (commencing with Section 11280) to Chapter 2 of Part 3 of Division. 9 of, and to repeal and add Chapter 3.9 (commencing with Section 10790) and Chapter 4.5 (commencing with Section 10825) of Part 2 of Division 9 of, the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S I?IGEST AB 824, as introduced, Bates. Welfare Prevention Act of ` 1993. { (1) Existing law provides for the Aid to Families with Dependent Children (AFDC) program, pursuant to which assistance, including cash grants and noncash benefits,.,is provided to eligible low-income individuals. Existing law also makes AFDC recipients automatically eligible for benefits under the Medi-Cal program. The AFDC- program is administered by county welfare departments under the supervision of the State Department of Social Services, and is funded in part by the federal government. ' This bill .would enact the Welfare Prevention Act of 1993. This bill would authorize qualified applicants for, or recipients of, AFDC assistance to instead receive alternative 99 80 AB 824 —2 — assistance 2 —assistance in the form of child care assistance and Medi-Cal coverage in lieu of a cash grant. Existing law establishes the At Risk Child Care Program, pursuant to which certain child care and development services are provided by the State Department of Education to eligible families, as defined, in a specified order of priority. Existing law requires counties to use funds for the program to support, among other things, expanded services to families receiving AFDC benefits. This bill would require that 1st priority for these services be given to families receiving alternative assistance in the form of child care assistance and Medi-Cal benefits in lieu of a cash grant. It would also require that the funds be used to support expanded services . for families receiving alternative assistance. By requiring. a higher level of service of counties implementing these provisions, this bill would impose a state-mandated local program. (2) Existing law authorizes, until January 1, 1995, the Director of Social Services to establish the Consolidated Public Assistance Eligibility Determination Project in not more than 5 counties, for the purpose of developing alternative methods of determining eligibility for AFDC and federal Food Stamp Program assistance. This bill would delete these provisions and instead provide for the Consolidated Public Assistance Eligibility Determination Statewide Demonstration Program, to be established by the director upon federal. approval, for the purpose of conforming certain eligibility requirements under the.AFDC program to those under the Food Stamp Program, for a 3-year period. This bill would impose a state-mandated local program on . counties. making eligibility determinations under these �; E provisions. (3) Existing law authorizes counties to.conduct early fraud i prevention and detection programs in the administration of E the AFDC program and the Food Stamp Program. Existing 1 law requires that funding for those programs shall not be i made to a county if the department determines that the program would not be cost-effective in that.county. i ,: 99 100 -3 — AB 824 Medi-Cal This bill would instead require counties to conduct early . fraud prevention and detection programs unless the Program, department determines that a program would not be elopment cost-effective in that county, thus imposing a state-mandated Education local program. f priority. (4) Existing law authorizes counties to develop a payment rogram to system which spreads the issuance of public assistance D families warrants over the month. This bill would, instead, require counties to issue a single :rvices be public assistance warrant on the first of the month to each the form ! recipient in the amount of the total grant for which the e of a cash ,I recipient is eligible, thus imposing a state-mandated local o.support program. lternative ; (5) Existing law, the Greater Avenues for Independence Act; provides for an education and employment training counties program for recipients of, or applicants for, AFDC assistance .impose a through the Greater Avenues for Independence (GAIN) program. Services provided for participants include grant 1995, the diversion, when provided as part of a county plan. Under the isohdated GAIN program, a participant may not be assigned to fill any ct in not established unfilled position as part of a grant diversion, -.veloping ! supported work, or transitional employment program, to the FDC and extent required by federal law. This bill would rename the Greater Avenues for d provide `Y' Independence Act the California Workfare Act, and rename Eligibility the GAIN program the California Workfare Program. :n, to be This bill would require all counties to make grant diversion for the available to participants. By requiring a higher level of service nts under of counties implementing these provisions, this bill would Program., impose a state-mandated local program. This bill would require the department to seek federal ogram on waivers necessary to permit program participants to fill ter these . established unfilled positions. (6) Existing law establishes the order of priority for arly fraud persons to receive services under the GAIN program, and '.:ration of establishes the order in which those persons may be . Existing temporarily excluded from the program by counties if there ill not be is insufficient funding to serve all existing participants. that the This bill would revise these provisions to specify that �. pregnant and parenting teens have priority for services under 99 100 99 120 AB 824 —4 — the 4 —the California Workfare Program, to the extent permitted by federal law. This bill would prohibit participants who fail to obtain unsubsidized employment after receiving education or training services from receiving additional education or training services until all other persons qualifying for those services have been served. f (7) Existing law requires custodial parents 16 or 17 years of age who are recipients of, or applicants for, AFDC and who are not exempt from registration, to participate in the GAIN program for the purpose of earning a high school diploma or its equivalent. These participants are subject to sanctions under the GAIN program for noncompliance. This bill would name this portion of the program the Cal Learn Program. It would require that pregnant and parenting teens under 19 years of age participate! in the Cal Learn Program. It would require that participants receive $50 per .month in addition to their cash grant for each month in which � they make satisfactory progress in the program, and have $50 per month deducted from their cash grant for each month in which they do not make satisfactory progress, in lieu of sanctions under the workfare program. By requiring counties r to implement these provisions, this bill would impose a state-mandated local program. . (8) Existing law requires the State Department of Social r Services to establish and maintain plans for controlling county costs for the administration of social services and food stamp i programs, according to certain criteria. :....:....: .. This bill would, in addition, require the department to r simplify county and state procedures for administrating these n programs by including certain factors in developing the F county plans. It would also require the department to make c nonemergency regulations available to counties on a ;in quarterly basis. p This bill would require the department to seek federal $ waivers. to automatically qualify recipients of county public assistance for food stamps if a recipient so requests. (9) Existing law requires the State Department of Social t] Services to conduct 3.pilot projects in 3 specified counties for p a period of 24 months-to test certain reporting systems in the 'cl 99 130 - 5 — AB 824 mitted by -!' determination of eligibility of..applicants for AFDC benefits, and to conduct 3 pilot projects in the same counties for a to obtain period of 24 months to test these reporting systems in the cation or determination of eligibility of applicants for food stamps. cation or This bill would make both projects statewide for those demonstration projects in volunteering counties, lasting for a period of 3 years, and require the department to report to the Legislature on the projects 6 months following their L7 years of � P J g and who completion. the GAIN This bill would permit the department to modify monthly 1ploma.or AFDC reporting requirements of counties not participating sanctions in the AFDC demonstration projects, pending the results of the demonstration projects. n the Cal I (10) This bill would require the Health and Welfare parenting Agency to report to the Legislature no later than March 31, 'Aal Learn .1994, on recommendations for a consolidated state auditing re $50 per process for various state 'agencies, according to specified i in which criteria.. 1 have $50 (1 I) This bill would require the State Department of Social month in Services, the State Department of Health Services, the State in lieu of Department of Mental Health, and any other state agency res onsible for implementing the provisions of this bill to � counties P P g impose a apply for any federal waivers necessary for that purpose. It would authorize those agencies to enact emergency t of Social ; regulations to implement these provisions. ng county (12) This bill would make various findings and declarations ).od stamp in regard to its provisions. (13) The California Constitution requires the state to rtment to reimburse local agencies and school districts for certain costs .tingthese mandated by the state. Statutory provisions establish. aping the procedures for making that reimbursement, including the ,.t to make creation of a State Mandates Claims Fund to pay the costs of ies on a mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed .k federal $1,000,000• aty public This bill would provide that, if the Commission on State S. Mandates determines that this bill contains costs mandated by t of Social the state, reimbursement for those costs shall be made )unties for pursuant to those statutory procedures and, if the statewide Elms in the ,:cost does not exceed $1,,000,000, shall be made from the State 99 130 99 150 AB 824 —6 — Mandates 6 —Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. ; State-mandated local program: yes. The people of the State of California do enact as follows. ' 1 SECTION 1. This act shall be known and may be 2 cited as the Welfare Prevention Act of 1993. � 3 SEC. 2. The Legislature finds and declares as follows: 11 4 (a) As unemployment benefits run out for thousands 5 of Californians, increasing numbers are being forced onto 1' 6 welfare. The Legislature must take extraordinary i 1` 7 measures to address the emergency that is devastating 1` 8 the lives of families and working people throughout 1` 9 California. 1` 10 (b) In reviewing the role of welfare programs that 1E 1. 11 provide for the subsistence of thousands of unemployed 1� 12 and underemployed California families, the Legislature 13 must reinforce rather than undermine the most basic 1` 14 social contract of all, the responsibility of all Californians 21 15 to contribute to the good of the state and the 2c . 16 responsibility of the state,to provide. assistance to those 2` 17 who are unable to help themselves. 24 .18 (c) Family well-being is key to both individual -- •, 19 economic security and the promotion of social 2( 20 responsibility. Unfortunately, fully 70percent of the 2.3 21 million Californians onwelfare are children of parents 2 22" who are unemployed or underemployed. Economic 2c 23 stress interferes with the family's ability to promote social 24 responsibility, including the responsibility of parents X ts to 3G 25 provide for.their children's economic security, keep their 31 26 children in school, and encourage their children to 32 27 develop the initiative and values necessary to succeed. 33 28 (d) To enable parents to fulfill these responsibilities., 39 29 an environment must exist in California in which parents, 35 30 including low-income parents, have the opportunity to 36 31 provide for their children's economic, developmental, 37 32 and human needs. 3 33 (e) When parents do not have these opportunities, the 399 34 Legislature must enact laws that provide for the safety of ; 40 99 170 i — 7 — AB 824 r..f 1 children by offering temporary financial support and unittee: yes. 2 services to meet basic needs. 3 (f) To address the economic crisis, the federal 4 government must take immediate steps, including is follows: 5 extending unemployment benefits, rebuilding the 6 economy, and providing jobs through public works and 7 infrastructure projects. The federal government must and may be 8 also give states flexibility to reform welfare and job t. es as follows: I 9 n'ainirig programs to meet the challenges and )r thousands 10 circumstances of the recession. forced onto 11 (g) To address the personal crises of families in which, xtraordinary 12 due to economic stress,parents are failing to uphold their devastating 13 basic responsibilities, the Legislature must provide throughout 14 direction, incentives, and opportunities. 15 (h) The Legislature must also address the problems of ograms that 16 teen parents who are at high risk of welfare dependency unemployed 17. if they do not complete high school and who need special Legislature 18 assistance in breaking the cycle of children having most basic 19 children. Californians 20 SEC. 3. Section 8352 of the Education Code is 21 amended to read: e and the 22 8352. (a) For , the purposes of this . article, and nce to those 23 notwithstanding Section 8263, the following priorities for i individual 24 enrollment in the program shall apply:. i of social - 25 (1) First priority for enrollment shall be given to nt of the 2.3 26 eligible families who. choose the alternative assistance n of parents 27 program pursuant to Section 11280 of the Welfare and L Economic Institutions Code. •omote social 29 (2) Second priority shall be given to .eligible families )f .parents to 30 who meet at least one of the following .criteria: y, keep their 31 (A) Former recipients of transitional child care who children to 32 have exhausted all eligibility for transitional child care to succeed. 33 during the 12 months following the date on which that i ' ' 34 eligibility has been terminated. pon s bilines, 35 (B) Former AFDC recipients who do not qualify for hich parents, 36 transitional child care for reasons other than failure to portunity to 37 pay their family fee or failure to cooperate with the relopmental, i 38 County Family Support Division in establishing child rtunities, the 39 support liability. the safety of - , ;; 40 (C) Employed ,emancipated minors who are parents 99 170 99 190 I AB 824 —8- 1 and employed parents under the age of 20 years who are 2 not receiving AFDC and. who possess a high school 3 diploma, a GED Certificate, or .who are currently 4 participating in an educational activity that would lead to 5 either a high school diploma or GED Certificate. 6 +2}2} Seeend 7 (3) Third priority shall be given to all other eligible 8 families, with eligible families who have the lowest gross 9 monthly income in relation to . family size given 10 enrollment first. 11 (b) Notwithstanding any other provision of law, 12 priorities shall not be waived by any individual or agency 13 without the prior approval of the designated state 14 agency. 15 (c) In order to receive funding from the program, 16 each participating eligible family shall contribute some 17 amount to the cost . of providing care according to a 18 sliding fee scale formula established by. the .19 Superintendent of Public Instruction based . upon the ;t 20 family's ability to pay, in accordance with subdivision (e) 21 of Section.8263. 22 SEC. 4. Section 10102 of the Welfare and Institutions 23 Code is amended to read: 24 10102. (a) The State Department of Social Services . + ...� 25 shall establish and maintain a plan whereby costs of 26 county administered social services programs will be i 27 effectively controlled . within the amount annually 28 appropriated for these services. Each county shall utilize 29 least cost services, provided that the quality of services is 30 maintained. Allocations shall be made to each county and 31 shall be limited by, and determined based upon, an 32 allocation plan developed by the State Department of 33 Social Services and approved by the Department of . 34 Finance. In administering the . plan, the State 35 Department of Social.Services shall not allocate funds to 36 cover county cost overruns which result from county. 37 failure to'meet requirements of the plan. 38 (b) (1) In developing its plan to control costs of 39 county administered social services programs, the State 40 .Department of, Social Services shall simplify county and 99 210 -9 — AB 824 rs who are •'= 1 state procedures to reduce administrative costs. These gh school 2 include, but are not limited to, conducting annual, rather currently 3 than quarterly, time studies of county workers, using a uld lead to 4 random sample survey in the time studies of county ate. 5 workers, developing statewide standards for the cost 6 control plan that are based on statewide averages of the ar eligible 7 administrative time county workers spend on tasks, and west gross 8 using the statewide averages that are revised each year ize given 9 based on actual costs for the previous two years to 10 distribute administrative funds to counties. i of law, 11 . (2) Statewide averages shall not be developed or agency 12 pursuant to paragraph (1) until the statewide automated ited state 13 welfare system described in Section 10815 is in place in all 14 counties. program, 15 SEC. 5. Section 10606.1 is added to the Welfare and jute some 16 Institutions Code, to read: ding to a 17 10606.1. In order to . reduce the amount of by the 18. administrative overhead dedicated to responding to new upon the . 19 regulations that are promulgated without.the benefit of ivision (e) 20 a schedule, and to assist local county social services 4i' 21 administrators in the organization of their work, the :istitutions 22 department. shall .make available to counties for the 23 purpose of implementation, all new nonemergency d Services 24 regulations on a quarterly basis. Nonemergency y costs of25 regulations include.. all regulations promulgated by the is will be 26 department that are not emergency or required by a annually 27 court. . all utilize 28 SEC. 6. Chapter 3.9 (commencing with Section ILY services is 29 10790) of Part 2 of Division 9 of the Welfare and ounty and 30 Institutions Code is repealed. upon, an 31 SEC. 7. Chapter 3.9 , (commencing with Section rtment of 32 10790) is added to Part 2 of Division 9 of the Welfare and rtment of A 33 Institutions Code, to read: Y he State 34 :e funds to 35 CHAPTER 3.9. CONSOLIDATED PUBLIC ASSISTANCE •m county 36 ELIGIBILITY DETERMINATION STATEWIDE 37 DEMONSTRATION PROGRAM 1 costs of 38 the State 39 10790. The Legislature finds and declares all of the ounty and40 following: 99 210 99 250 AB 824 _ 10— 1 (a) Under current federal and state law, two separate 1 . 2 sets of regulations exist for administration of the Aid to 3 3 Families with Dependent Children program and the 4 Food Stamp Program. Each of the programs has separate i 4 5 eligibility requirements which include application forms, I 5 6 separate methods for determining available income and 6 7 resources, and separate reporting processes that are 7 8 subsequently required for identifying char ' es in income, 8 g g 9 resources, or family composition. 10 10 (b) The excessive paperwork and bureaucratic 11 11 processing created by separate regulatory procedures for 12 .12 the Aid to Families with Dependent Children program 13 13 and the Food Stamp Program have created a significant 14 burden on both the families and individuals who apply.for 14 15 . assistance,. as well as the eligibility. workers who 15 16 determine eligibility for California's public assistance 16 17 programs. 17 1g , 18 (c) The excessive paperwork and bureaucratic 19 19 processing that result from separate regulatory processes 20 20 for the Aid to Families with Dependent Children Rr� � 21 program and the Food Stamp Program continue to 2122 i 22 require excessive expenditures at all levels of 23 t 23 government, are an imprudent use of limited . 24 24 government resources, and create such administrative25 r 25 complexity that eligibility errors have become inevitable. 26 t 26 (d) Needy families and individuals who apply for and 27 t 27 receive public assistance would be better served, and 28 1 28 efficiencies could be achieved in the overall 29 29 administration of California's public assistance programs, 30 e 30 through a consolidated eligibility determination process 31 a 31 for aid to families with dependent children and food 32 a 32 stamps assistance. 33 33 (e) It is in the interest of the Legislature to streamline 34 E 34 the administration of the Aid to Families with Dependent it 35 35 Children Program and the Food Stamp Program by 35 cl 36 consolidating the eligibility determination process for 37 37 Aid to Families with Dependent Children program and 38 m 38 that for the Food Stamp Program, in all counties of the 39 state. 39 40 10791. (a) The director by formal order, may waive 40 rE t 99 260 . - 11 — AB 824 1 the enforcement of regulations and standards as two separate f the Aid to 2 necessary to establish conformity between the Aid to am and the 3 Families with Dependent Children program, pursuant to has separate 4 Chapter 2 (commencing with Section 11200) of.Part 3, on forms, 5 and the Food Stamp Program pursuant to Chapter 10 nati 2ati 6 (commencing with Section 18900) of Part 6, under the income and yes that are 7 Consolidated Public Assistance Eligibility Determination 8 Statewide Demonstration Program in all counties in the ;s in income, g state. Bureaucratic 10 : (b) The order establishing the waiver shall meet all of ocedures for 11 the following requirements: 12 (1) It shall include the regulatory changes to the -en program 13 AFDC program and the Food Stamp Program described a significant 14 `.in Sections 10792 to 1.0794, inclusive. rho apply for 15 (2) It .shall not conflict with the basic purposes or orkers who 16 coverage provided by law. .c assistance 17 (3) (A) At the department's discretion, and in Bureaucratic 18 consultation with the County Welfare Directors 19 Association and at least one advocate for welfare ry processes 20 recipients, the order may include other regulatory it Children 21 changes, consistent with the requirements established in continue to 22 this chapter, that will enhance .conformity between the levels of 23 two programs. of limited . 24 (B) These additional regulatory changes shall not be ministraba 25 more restrictive than., or reduce, the amount of benefits pplye inevitable. 26 that 95 percent of the AFDC or food stamp recipients, or served, for and 27 both, would otherwise be entitled to receive under the served, and 28 AFDC program and the Food Stamp Program. he overall 29 (c) The order establishing the waiver shall only take e programs, 30 effect upon approval of the demonstration program and tion process 31 a . waiver of relevant . federal requirements by the !n and food 32 appropriate federal agencies. streamline 33 10792. The Consolidated Public Assistance Eligibility Dependent 34 Determination Statewide Demonstration: Program shall 'rogram by 35 include, but not be limited to, the.following regulatory s for1. 36 changes to the AFDC program: process 37 (a) The county may not recompute the beginning rogram ties of the 38 months of aid based on verified income. Ln 39 (b) The AFDC applicant or recipient shall only .be may waive 40 required to provide a reasonable repayment plan on a ss 280 99 2W AB 824 — 12 - 1 - 12 -1 loan in order to exempt the loan from use as income or 1 2 property in the AFDC eligibility determination. 2 p( 3 10793. The Consolidated Public Assistance Eligibility 3 in, 4 Determination Statewide Demonstration .Program shall 4 5 include, but not be limited to, the following regulatory 5. arr 6 changes to the Food Stamp Program: 6 pr( 7 (a) The Food Stamp Program shall allow a standard 7 wa; 8 shelter deduction of one hundred thirty-eight dollars 8 stat 9 ($138) to all households that receive food stamps. The 9 .. G 10 client may provide receipts on a monthly basis if.he or she_ 10 am( 11 wishes to claim actual expenses. 11 reg., 12 . (b) The Food Stamp Program shall exempt as income. 12 14 13 and property any financial aid or college work study 13 Det( 14 funds that an undergraduate college student-receives 14 inclu 15 when that financial aid or work study payment has been 15 than 16 computed based on a neediness test of eligibility. 16 Prog. 17 (c) The Food Stamp Program shall exempt as income 17 (a) 18 up to fifty dollars ($50) of child support received per 18 dedut 19 family. 19 depar 20 (d) The Food Stamp Program eligibility 20 Sectio 21 determination regulations . shall conform to the 21 shall c 22 requirements , for AFDC eligibility determinations 22 (b) 23 contained in Sections 11275 to 11275.20, inclusive. 23 deduct 24 (e) The Food Stamp Program regulations shall be 24 of pro( 25 amended to require signatures on the CA-7 form for each 25 (c) 26 adult member.of the Piling unit, caretaker relative, and 26 considF 27 each minor parent. If another form or method is used to 27 of any , 28 report income,.the Food Stamp Program regulations shall 28 Motor I 29 conform to.AFDC program requirements. .29 (d) 7 30 (f) The Food Stamp Program regulations shall be 30 nonrecu 31 amended to allow a good cause determination to be made 31 definitio 32 for late submission .of the CA-7 form, or other form or 32 conform 33 method of reporting. income, after the extended filing 33 dollars (� 34 date. 34 househol 35 (g) The public assistance food stamp regulations shall �S 1;. 35 10795. 36 be amended to assign categorical eligibility to all r�; 36 shall be e 37 apparently eligible AFDC applicants at the point of 37 appeals 38 application.' 38 entitled u 39 (h) The Food Stamp Program regulations shall be 39 Program, 40 amended to conform to AFDC requirements in the 40 10796. 99 3W �; - 13 — AB 824 icome or 1 treatment of room and board income, treating only 10 2 percent of the gross room and board income as unearned 1' 3 income and disregarding the remainder. eligibility 4 (i) The Food Stamp Program regulations shall be ram shall 5 amended to delete the presumption that any transfer of egulatory 6 property made within three months prior to application standard 7 was made for purposes of becoming eligible for food At dollars 8 stamps. h At d. The 9 0) The Food Stamp Program regulations shall be F he she 10 amended to conform to the AFDC requirements 11 regarding child care disregarded from earned income. as income 12 10794. The Consolidated Public Assistance Eligibility ork study 13 Determination Statewide Demonstration Program shall 4 14 include, but not be limited to, the following regulatory t receives g has been 15 changes to both the AFDC program and the Food Stamp [it,. 16. Program: as income 17 (a) Both programs shall allow a standard 30 percent eived per 18 deduction from gross earned income, unless the 19 department obtains waivers under subdivision (g) of eligibility 20 Section 11201.5, in which case the Food Stamp Program to the 21 shall conform to AFDC procedures. minations 22 (b) Both programs shall allow a standard 40 percent ive. 23 deduction from gross self-employment income for costs shall be 24 of producing that income. n for each 25 (c) Both programs shall exempt from property Ative, and 26 consideration one motor vehicle and compute the value is used to 27 of any nonexempt vehicles by using the Department of tions shall 28 Motor Vehicle value minus encumbrances. 29 (d) The AFDC program definition. of "small, shall be 30 nonrecurring gifts" and the Food Stamp Program be made 31 definition of "irregular, infrequent" income shall be a' 32 conformed b allowing for the receipt of one hundred r form or � y g P fed filing 33 dollars ($100) per calendar quarter per assistance unit or 34 household. ;ions shall g, 35 10795. Applicants and recipients under this chapter to all �t1 36 shall be entitled to the same rights and fair hearings and point ofd 37 appeals as those. to which they would otherwise be 38 entitled under the AFDC program and. the Food Stamp shall be39 Program. is in the 40 10796. (a) Routine quality control reviews shall be i - 99 300 99 310 AB 824 — 14 - 1 conducted under the Consolidated Public Assistance 1 10(' 2 Eligibility Determination Statewide Demonstration 2 Ing 3 Program to obtain evaluation data for both programs in W3 4 the same manner as they were conducted for both 4 5 programs. 5 6 (b) Counties shall be exempt from quality control ' 6 1 7 error citation under both programs, consistent with ;�•M� 7 and 8 federal law.. 8 1141 9 10797. (a) Each county shall submit an annual report 9 war 10 to the department on the Consolidated Publiic Assistance 10 in tl 11 Eligibility Statewide Demonstration Program. 11 is el 12 (b)- The department shall. submit to the appropriate 12 (b 13 committees of the Legislature a report containing an 13 to b, 14 evaluation of the demonstration program, addressing, 14 thea 15 but not limited to,. all of the following: 15 Warr 16 (1) AFDC and food stamp eligibility staff time and 16 to th 17 . related administrative costs. 17 first. 18 (2) Changes in program benefits received by AFDC 18 SE, 19 and food stamp recipients and any other impact on 19 Instit 20 AFDC and food stamp recipients. 20 110 21 (3) AFDC and food stamp benefit and eligibility 21 devel, 22 determination error rates in each county prior to, and t 22 Depai 23 during, the implementation of the demonstration 23 (corn, 24 program. 24 Educa 25 10798. Counties shall operate the Consolidated Public `s 25 to fam 26 Assistance Eligibility Determination Statewide 26 child c 27 Demonstration.Program in keeping with the county cost 27 and th 5+. 28 control plan for county administration of welfare 28 with ti 29 programs. 29 system 30 10799. This chapter shall remain operative for three E: 30 popt,lx 31 years from the date that the Director of Social Services to whit 32 executes a declaration, that shall be retained by the ; 32 Securitfi 33 director statin that the final federal waiver necessary to ��- 33 Section g Y i.. 34 implement the Consolidated.Public Assistance Eligibility f 34 the Uni 35 Determination Statewide Demonstration Program is 352 ( ) T 36 obtained. ' 36 1992, an 37 SEC. 8. Chapter 4.5 (commencing with Section 37 State D. 38 10825) of Part 2 of Division. 9 of the Welfare and 38 efforts a 39. Institutions Code is repealed. 39 to Title . 40 SEC. 9. Chapter 4.5 (commencing with Sectionr1.; 40 (3) U, 99 350 i ,4 15— AB 824 sistance 1 10825) is added to Part 2 of Division 9 of the.Welfare and stration 2 Institutions Code, to read: �� 3 ;rams in 4 CHAPTER 4.5. AID PAYMENTS or both 5 control6 10825. (a) To the extent permitted by federal law, s_ a.t with M 7 and notwithstanding Sections 11006.2, 11056, 11450, and 8 11455, a county. shall issue a single public assistance d report 9 warrant on the first of the month to each recipient of aid .sistance 10 in the amount of the total grant for which the recipient. 11 is eligible. ropriate 12 (b) Each warrant shall be placed in the mail in order ning an 13 to be delivered on the first of the month. In the event 14 there is no mail delivery on the first of the month the lressing, ; rY 15 warrant shall be placed in the mail in time to be delivered me and t 16 to the payee on the last mail delivery date prior 'to the 17 first of the month. AFDC 18 SEC. 10. Section 11008.19 of the Welfare and pact on 19 Institutions Code is amended to read: 20 11008.19. (a) (1) To the degree child care and agibility 2.1 development . services administered by the State to, and 22 Department of Education pursuant to Chapter 2 istration 23 (commencing with Section 8200) of Part 6 of the ` 24 Education Code are used to serve families receiving aid t.; d Public ;. 25 to families with dependent children which are eligible for T:;. atewide (_,r: 26 child care under the AFDC program, the department inty cost 27 and the State Department of Education, in consultation welfare 28 with the coup welfare departments, shall establish a we county P 29 system for documenting child care usage by this or three E{: 30 population so the state can claim the maximum amount Services i; 31 to which it is entitled under Title IV-A of the Social by the 32 Security Act, contained in Part A (commencing. with .-ssary to " 33 Section 601) of Subchapter 4 of Chapter 7 of Title 42 of iiibility 34 the United States Code. g 1 35 2 To the extent permitted b federal 1 n gram is ;, ( ) p ed y law, o July 1, f!. 36 1992, and each year thereafter, the department and the Section r 37 State Department of Education shall coordinate.. their are and 38 efforts and claim federal financial participation pursuant k;= 39 to Title IV-A of the Social Security Act. Section 40 (3) Upon the approval of the Superintendent of Public 99 3W 99 • rf . AB 824 — 16 - 1 16 -1 Instruction, the-department, and the State Department 1 Pro 2 of Education shall enter into an interagency agreement 3 reg 3 to transfer Title IV-A funds from the c ' department to the � hil 4 State Department of Education and to ensure that all 4 (� 5 federal requirements are met in carrying out the '' 6 (1) 6 program made possible by the receipt of Title IV-A funds. ;;? pro€ 7 (4) The system established pursuant to paragraph (1) 7 (3 8 shall be implemented only to the extent that its 8 Seer, 9 implementation does not result in an overall increase in r 9 Chili 10 expenditures from this General Fund. i0 repo. 11 .(b) (1.) Title IV-A funds received pursuant to 11 the 12 paragraph (1) of subdivision (a) shall be used to expand i2 Legi: .13 child care and developent services in accordance with 13 m (d) 14 the interagency agreement required by paragraph (3) of 14 Educ 15 subdivision (a). i 15 of 19! 16. (2) In no.case shall Title IV-A funds'received pursuant 16 autho 17 to this section be used to supplant existing state funds and 17 dollar 18 cause the •state to violate the maintenance of effort ' i8 State 19 requirements , for the federal Child Care and 19 Depai 20 Development Block Grant and the Title IV-A "at-risk" 20 agrees 21 programs. Funds made available pursuant to subdivision 21 progr,, 22 (a) shall be expended by the departments to support the 22 1992-S 23 following: ► 23 (2) 24 (A) Any additional administrative costs associated ` 24 paragr 25 with documenting and claiming federal reimbursement Pj.25 shall n, 26 . incurred by the department, the State Department of 26 of the 27 Education, county welfare effiees departments, and 27 pursua 28 child .care and development services contractors. ; 28 (3) l gi'T29 subdivi 29 (B) Expanded child care and development services to w 30 families receiving AFDC benefits and alternative ' 30 support i 31 assistance pursuant to Section 11280. x-31 federal � 2 (c) (1) The Superintendent of Public Instruction, the1�`32 children 33 33 Secretary of Health and Welfare, and the Secretary for (comms 34 Child Development and Education, in consultation with €,34 Educati 35 representatives from child care and development �335 subsequ M6 36 programs, county welfare departments, legislative staff, �;36 both de 37 and representatives from the Department of Finance Act pun 38 and the office of the Legislative Analyst, shall investigate (e) F means i 39 and develop a report concerning the feasibility of 40 consolidating all child care,and development services to �a'3! 9 . '40 (comme 99 1W _ 17 — AB 824 P 1 provide equal access to services established by federal agreement 2 regulations, including issues associated with the AFDC Lent to the 3 child care disregard. re that all 4 (2) The purpose of the report required by paragraph out the 5 (1) shall be to develop a comprehensive, seamless [V-A funds. 6 program that maximizes parental choice. agraph (1) 7 (3) The Superintendent of Public Instruction, the Lt that its 8 Secretary of Health and Welfare, and the Secretary for increase in 9 Child Development and Education shall submit their 10 report, including their findings and recommendations, to irsuant to 11 the appropriate policy and fiscal committees of the [ to expand 12 Legislature by January 30, 1993. dance with 13 (d) (1) Notwithstanding Section 8278 of the raph (3) of 14 Education Code and Item 6110-196-001 of the Budget Act 15 of 1991., the Superintendent of Public Instruction may !d pursuant 16 authorize the expenditure of not more than one million funds and 17 dollars ($1,000,000) in child care carryover funds by the Of effort 18 State Department of Education and the State mare and 19 Department of Social Services, through an interagency A "at-risk" 20 agreement, for the purposes of implementing the subdivision 21 program specified in this section in the 1991-92 and upport the. 22 1992-93 fiscal years. 23 (2) Prior to making the authorization under associated 1: 24 paragraph (1), the Superintendent of Public Instruction bursement 25 shall notify the appropriate policy and fiscal committees. 3t.rtment of 26 of the Legislature of the amounts to be expended gents, and 27 pursuant to this subdivision. tors. 28 (3) Funds which may be expended pursuant to this services to .29 subdivision shall be expended for the purpose of alternative '30 supporting administrative costs associated with claiming 31 federal reimbursement for families with dependent uction, the 32 children receiving services pursuant to Chapter 2 ^retary forx:33 (commencing with Section 8200) of Part 6, of the ration with 34 Education Code. In the 1993-94 fiscal year and velop35 subsequent fiscal years, state administrative funds for alive staff,ent 36 both departments shall be appropriated in the Budget alive s ; 37 Act pursuant to subdivision b �f Finance p ( ). investigate ;138 .(e) For purposes of this section "Title IV-A funds" Lsibility ofX139 means federal money received pursuant to Part A services to iM (.commencing with Section 601) of Subchapter 4 of 99 99 AB 824 — 18 — 1 . Chapter 7 of Title 42 of the United States Code. 1 Gove, 2 SEC. 11. Section . 11055.5 of the Welfare and t 2 (6) 3 Institutions Code is amended to read: P 3 invest 4 11055.5. (a) In the administration of the Aid to !,' ` 4 persoi 5 Families with Dependent Children program, counties ` 5 any of 6 shall conduct an early fraud prevention and l 6 (A) g°V 7 made 7 detection program pursuant to this section, subject to g mabende 8 funding as provided in subdivisions (b) and (c) . ` 9 (b) Funding for an early fraud prevention and 9 or to,� 10 (B) 10 detection program pursuant to Section 15204.6 shall not 11 discl 11 be made to a county if the department determines that 12 redact . 12 an early fraud prevention and detection program would C 13 not be cost-effective in that county. 13 (C) 14 (c) Funding for an early fraud prevention and 14 entitle 15 detection program pursuant to Section ]15204.6 shall not s 15 benefit 16 . be available to a county until its operating plan for a F 16 greatei 17 program is approved by the department. No operating18 to bet) 18 plan shall be approved by the department unless the plan 19 contains assurances that the county will comply with the 19 purpose 20 conditions specified in subdivision (d) . 1.20 or dent 121 21 (d) Each county which operates an early fraud ) 22 invest(7) 22 prevention and detection program shall be subject to all : € . 23 of the following conditions: 23 believe 24 (1) No intimidation of applicants or recipients shall 1I Reason. 25 occur, either by referral or threat of referral for a.fraud 25 followir , 26 investigation. t 1 6 (A) 1 27 (2) Applicants shall not be. referred for a fraud X27 both, n 28 investigation until after they.have completed and signed i28 informs 29. the application for aid. 99 (B) 30 (3) The referral and investigation shall not delay the ►;30 or third 31 receipt of aid, including immediate need payments, for 31 . coopers 32 eligible applicants .and recipients. V,.32:-. 2 informa 33 (4) Uniformed investigators shall not be used by any '33 or the ; 34 county welfare department for its fraud prevention .34 eligible. 35 program. X35 (C) Z 36 (5) The county welfare department shall abide by the 36 con.flicti 37 confidentiality requirements in Section 10850 and the 37 eligibilit 38 requirements and protections in the California Right to 18 applican 39 that sta 39 Financial Privacy Act under Chapter 20 (commencing ' ' 40 with Section 7460) of Division 7 of Title 1 of the 40 ability tc f t _ 19— AB 824 ode. .1 Government Code.. 2 (6) The county shall make a referral for welfare fraud elfare and 3 investigation when there is reason to believe that a the Aid to s 4 person, on behalf of himself or herself or others, has done 5 any of the following: a, counties 6 (A) Knowingly, and with intent to deceive or defraud, ention and subject to 7 made a false statement or representation to obtain . 8 benefits, to obtain a continuance or increase of benefits, (C) 9 or to avoid a reduction of benefits. ontion and 10 .(B) Knowingly, and with intent to defraud, failed to 1.6 shall not 11 disclose a fact which, if disclosed, could result in a denial, rmines that 12 reduction, or discontinuance of benefits: ;ram would >: 13 (C) Accepted benefits knowing he or she was not �ntion and x 14 entitled to those benefits, or accepted any amount of 1.6 shall not 15 bene. knowing the amount of benefits received was plan fora 16 greater than the amount to which he or she was entitled. 17. (D) Made any statement which he or she did not know o operating 18 to be true with reckless disregard of the truth, for the the plan ?ly 19 purpose of obtaining, continuing, or avoiding a reduction ply with the `.20 or denial of benefits. : earl fraud X21 (7) The county shall make a referral for fraud ub' ct to all x;22 investigation. when there are reasonable grounds to 023 believe that fraud, as specified in paragraph (6), exists. pients shall `24 followingle criteria exists:ounds exist when one or more of the for a.fraud . 26 (A) An overpayment or overissuance of benefits, or ';1127 both, may result from an applicant's failure to. report or a fraud f28 information pertinent to eligibility or benefits. i and signed ':;>29 (B) A questionable situation exists and the applicant JJ :)t delay the ;x;30 or third party acting on behalf of the applicant will not tyments, for iL31 . cooperate in providing necessary verification of :32 information which would affect the applicant's eligibility used by any 33 or the amount of benefits for which the applicant is prevention ,!34 eligible. p "35 (C) The county welfare program staff person . finds abide by the 36 conflicting information which could affect the applicant's 350 and the ;37 eligibility or the amount of benefits for which the nia Right to ':38 applicant is eligible, and any further action on the part of ommenc1 .39 that staff person could jeopardize the investigator's e 1 of the X40 ability to investigate-. 99 420 99 440 AB 824 — 20 — �vPS 1 L 1 (D) The county is made aware of any - situation :;� (R) 2 involving the applicant that could involve s 2 tpeft .3 embezzlement, collusion,. conspiracy, trafficking, black 3 4 marketing, or any,other general program violations. 4 mont] 5 (E) The county is made aware of any situation in 5 parag 6 which the applicant may have forged, may have caused 6 (i) 7 the forgery of, or is using a forgery of, any warrant or 7 work( 8 authorization to participate which has been negotiated. 8 (ii) 9 (F) The county welfare program staff person has ;: 9 (iii) 10 received an allegation of fraud with respect to the 10 payor, 11 applicant from any governmental agency. (iv) 12 (G) The county has received a complaint containing 12 overp, 13 facts which allege that a.crime involving a public social 13 admin 14 services program, including, but not limited to, fraud, 14 and cc 15 perjury, trafficking, or embezzlement, may occur. r 15 (v) 16 SEC. 12. Section 11265.5 of the Welfare and 16 perioc 17 Institutions Code is amended to read: 17 new a 18 11265.5. (a) . (1) The department ffwy shall, subject 1 18 eligib] 19to the requirements of federal regulations and Section 19 (vi) 20 .18204, conduct three pilot preteets, to be leeated �r the 0 goven 21 Ge les of 4es Aftgeles, Merl art Banta Gly upen 21 report 22 appy of the department the 22 (vii; 23 eothnties. The pilot prejeets still demonstration projects ' 23 (viii 24 in volunteering counties to test the reporting systems 24 (ix) 25 described in subparagraphs (A), (B), and (C) of 25 with. t] 26 paragraph (4) . '�' 26 (4) 27 (2) (A). The pilet prejee demonstration projects ' 27 report 28 conducted in Los Angeles County shall test one or both +` 28 followi ter. 29 reporting systems described in subparagraphs (A) and ;� 29 (A) 30 (B) of paragraph (4) . The pilet prejeet pepulati. for 30. inc6m4 31 eaek test sl3all be RFFAted to 18,99A eases: ,, 31 survive 32 (B) The pilot demonstration projects conducted in 32 pursua 33 the other counties shall test one of the reporting s stems 33 401 of {'_ 34 described in subparagraph (A) or (C) of paragraph (4) 34 and w; 35 shall be wed to 2,0W eases per projeet. ' 35 circum ( ) ( ) pmt p i P 36 changE 36 3 A The demonstration ro ects `shall be r 37 designed and conducted according to standard scientific 37 to the 38 principles, and shall be in effect for a period of 24 meotbs r; 38 or by t, 39 ,three years after the department has obtained the . 39 is not 40 necessary waivers. 40 . changE 99 Oso 4 — 21 — AB 824 1 (B) TL.^ projp�s be extended p� J _"_ 1y situation 2 en the ai iJi���A\/J\+brl of the ZL1Z d involve ' ckin black `' 3 4G} The projects shall be designed to compare the iolahons. 4 monthly reporting system with alternatives described in situation in 5 paragraph (4) as to all of the following phenomena: have caused 6 (i) Administrative savings resulting from reduced warrant or 7 worker time spent in reviewing monthly reports. negotiated. 8 (ii) The amount of cash assistance paid to families. person has 9 (iii) The rate of administrative errors in cases and pect to the 10 payments. 11 (iv) The incidence of underpayments and t.containing 12 overpayments and the costs to recipients and the public social 13 administering agencies of making corrective payments -d to, fraud, 14. and collecting overpayments. occur. 15 (v) Rates at which recipients lose eligibility for brief Welfare and 16 periods due to failure to submit a monthly report but file 17 new applications for aid and thereafter are returned to .hall, subject 18 eligible status. and Section 19 (vi) Cumulative benefits and ,costs to each level of ►eked 20 government and to aid recipients resulting from each Gafet, upon 21 reporting system. ti 22 (vii) The incidence of, and ability to, prosecute fraud. tion projects 23 (viii) Ease of use by clients. ting systems24 ..,(ix) Case errors and potential sanction costs associated tnd (C) of 25 with those errors. 26 (4) The pilot demonstration projects shall adopt ion projects 27 reporting systems providing for one or more of the one or both 28 following: phs (A) and 29 (A) A reporting system that requires families with no f 30 income or whose only income is comprised of old age, { 31 survivors, or disability insurance benefits administered �onducted in 32 pursuant to Subchapter 2 (commencing with Section Ming systems 33 401) of Chapter 7 of Title 42 of the United States Code, 3,ragraph (4) 34 and with no recent work history to report changes in ,e, E 35 circumstances that affect eligibility and grant amount as ?cts shall bei 36 changes occur. These changes shall be reported directly and scientific 37 to the county welfare department in person, in writing, of icewe4ho ' 38 or by telephone. In all cases in which monthly reporting advising 39 is not required, a form ad obtained the q g recipients of what 40 changes must be reported, and how they may be 99 460 .' 99 470 s AB 824 — 22 - 1. 22 -1. reported shall be provided to recipients of aid. along with1 final rf f •' . 2 benefit payments each month. 2 of the 4 3 (B) A reporting system that permits families with no 3 18920. 4 income or whose only income is comprised of old age, 4 .B. 5 survivors, or 'disability insurance benefits administeredi. 5 shf&pi 6 pursuant to Subchapter 2 (commencing with Section 6 to the . 7 401) of Chapter 7 of Title 42 of the United States Code, 7 8 and with no changes in eligibility criteria, to report 8 to-, em a 9 electronically monthly, using either an audio response or 9 10 the food stamp on-line issuance and recording; system, or 10 reper4 11 a combination of both. Adequate instruction and training 11 preg:FM 12 shall beprovided to county welfare department staff and 12 inde 13 to recipients who choose to use this system prior to its 13 fet # 14 implementation. 14 15 (C) A reporting system that requires all families to 15 16 report changes in circumstances that affect eligibilityd an16 e"ilwejq 17 grant amount as changes occur. -The changes shall be 17 sub 18 reported directly to the county welfare department in 18 eemmA 19 person, in writing, or by telephone. In all cases in which 19 (c) T 20 monthly reporting is . not required, a form advising 20 pi1et per 21 recipients of what changes must be reported, and how21 per-iee 22 they may be reported, shall be provided to recipients of 22 demons. 23 aid along with benefit payments each month. 23 opera 24 (b) (1) The parNeipating eethaties shy be 25.` �� 25 indie 26 pmpese beee 26 27 deparrtmeiWs review mtd approved of the pr-epEsals;to the 27 state e1 28 fede� ear eke behal€: e _ 28 sub 29 oper-at-ion; .emd ev@Auatieft of the pilot prejee�9 AA& oet 29 following ,. 30 result in em in the she sdleeafiee of eek 30 (d) T 31 n! 31 implemE 3.2 (1.5) . Each pi4et demonstration county shall prepare ' 32 federal 33 and submit reports, annual reports, and a final 33 SEC. 1 34 report to the department. 34 Institutic 35 (2) Eaeh qttatter4y reoerat sheA be submitted ee I 35 11265.E 36 them 30 ee4ee days after the end of the quarter. 1, 36 the den 37 , -{ }- Each annual report shall be submitted no later = 37 Section 1 38 than 45 days after the end of the year. 38 in counti 39 {4} +A+ 39 shall see. 40 (3) Each pilot demonstration county shall submit a , 40 modificai 99 490 4 T, i — 23 — AB 824 i along with 1 final report not later than 90 days following completion 2 of the pilot projects required by this section and Section P. ties with no 3 18920. of old age, 4 +B} * As p—G. of the finial report, the pi4et eotinties ministered s 5 9661 prepare and shit evedtta6 of the pilot prejeets rith Section 6 to the . ►tates Code, 7 J*. Eeteh eveAaettieftsb ll inelude, bot net be luted to report ; 8 to aft of the Teeters set forth ift h -(3* of response or 9 subdM4 . J* to eaeh ether smd the ettrr-eftt g system, or 10 reporting systems ift both the AFDG ftftd food stamp tnd training 11 . The finial evaluati shell be preparred by am -,nt staff and 12 independent eeftsult or eensu4t eentraet .a vAtl} f' prior to its 13 fer that ptrrpese prior to the of the 14 per. families to 15 JG- The departmeftt shy resew amd appreve the igibility and 16 eya6ettiefK subwAtt by the pilot eetinties and shall ;es shall be . 17 . subfnit them to the pehey and )artment in 18 of the T eg slat w__ ;es in which 19 (c) The department may terwAftate amy ew all of the m advising 20 met prejeets implemetited pur-soomt to this see6eft after- gid, and how 21 a peried of shall prepare and submit an evaluation of the ecipients of 22 demonstration projects to the Legislature six months of h. 23 operation if eee er more of the pt}et eases submits d to smell 24 to the Wi t; er ' - the reeeived tiee 25 iftdieettiftg giftt the pipet prejeet er prejeets aTre eet A; epee tle 26 eesti..rr.,.,Nye (w aversely tntpaet 9 of eeoety or )esa}s;to the 27 state eperat4e bRsed oar the faeters set for ift TG* of h -f3- 4 subdm9i �ft+ 4, 9 s not �. 29 following the completion of the demonstration projects. % o€ eed 30 (d) The pilot demonstration projects shall be 31 implemented only upon receipt of the appropriate tall prepare s';' 32 federal waivers. and a final `'t 33 SEC. 13. Section 11265.6 is added to the Welfare and . 34 Institutions Code, to read: ee mer U!': 35 11265.6. The department may, pending the results of rter: i.: 36 the demonstration projects established pursuant to red no later; 37 Section 11265.5, modify monthly reporting requirements ':;� 38 in counties not participating in the projects. The.director 39 shall seek appropriate federal waivers to ensure that .all submit a 40 modification of the monthly reporting requirements ;1 99 490 99 510 4'. tit AB 824 — 24 - 1 24 -1 results in cost savings. 1 prow, 2 SEC. 14. Article 2.7 . (commencing with Section 2 Inde, 3 11280) is added to Chapter 2 of Part 3 of Division 9 of the3 refer, r . 4 Welfare and Institutions Code, to read: 4 here, 5 5 (b) 6 Article 2.7. Alternative Assistance Eil' 6 is intE 7 7 Great 8 11280. (a) Notwithstanding any other provision of 8 (•com 9 law,a recipient of, or applicant for, aid under this chapter 9 1025 c 10 may choose to receive child care assistance pursuant to 10 a con 11 Section 8350 of the. Education Code and Medi-Cal 11 Any , 12 benefits, or Medi-Cal benefits pursuant to Section 12 Aveni 13 14005.7, 14050.1, or 14051, in lieu of a cash ,grant, so long 13 as ref 14 as that person is, and remains, eligible for that assistance 14 SE( 15 or,benefit. 15 Institi 16 (b) Recipients of, or applicants for, aid under this 16 113: 17 chapter shall be notified of the availability of alternative '; 17 admir 18 assistance under this section at the'time of application or 18 chapt( 19 redetermination of eligibility. The notification shall 19 order 20 specify that the person would be foregoing a cash grant, 20 (b) 21 and any person choosing alternative assistance under this 21 cooper 22 section shall sign a statement stating that he or she R: 22 offices 23understands this choice. 23 establi 24 (c) This section shall not be construed to deny a 24 15030) 25 recipient or applicant any noncash benefits for which thej 25 Code, . 26 individual qualifies under this chapter. 26 that d 27 . SEC. 15. The heading of Article 3.2 (commencing g. 27 partici 28 with Section 11320) of Chapter 2 of Part 3 of Division 9 28 reflect 29 of the Welfare and Institutions Code is amended to read: f 29 joint P. 30 30 counti( 31 Article 3.2. Greetter For independenee 31 (c) 32 California Workfare Act32 labor r 33 33 which 34 SEC. 16. Section 11320 of the Welfare and Institutions ;?. 34 (1) 35 Code is amended to read: • 35 be the 36 11320. (a) (1) This article shall be known and may 36 county 37 be cited as the California Workfare Act. 37 (2) . 38 (2) Any other provision oflaw referring to the Greater 38 project 39 Avenues for Independence Act shall be construed as 39 (3) 1 40 referring to the California Workfare Act, and any other 'i 40 in Sect 99 540 - 25 — AB 824 1 provision of law referring to the Greater Avenues for ith Section 2 Independence (GAIN) program, shall be construed as sion 9 of the 3 referring to the California Workfare Program, that is 4 hereby established. 5 (b) The Legislature finds and declares that this article P ,e 6 is intended to be a recodification and simplification of the � '' 7 . Greater Avenues for Independence Act of 1985 (Art. 3.2 rovision of 8 (commencing with Section 11320), as added by Chapter this chapter 9 1025 of the Statutes of 1985), and should be construed as .pursuat to 10 a continuation of that act except as otherwise provided. d Medi-Cal 11 Any other provision of law referring to the Greater to Section 12 Avenues for Independence Act of 1.985 shall be construed rant, so long ': 13 as referring to this article. at assistance _ 14 SEC. 17. Section 11320.6 of the Welfare and 15 Institutions Code is amended to read: under this 16 11320.6. (a) County welfare departments shall f alternative 17 administer this article in a manner consistent with this ?phcati.on or 18 chapter and regulations adopted by the department in cation shall 19 order to implement this chapter. 3. cash grant, 20 (b) Each county welfare department,. with the ;e under this 21 cooperation of community college districts, county t he or she 22 offices of education, and local private industry councils 23 established under Chapter 4 (commencing with Section 24 15030 of Division 8 ;of the Unemployment Insurance l to deny a ) or which the QIP 25 Code, shall maintain with the department a county plan 26 that describes a package of services to be provided to commencing 27 participants receiving services under this article, and that 28 reflects available resources and local job market needs. A �f Division 9 Lded to read: Ji 29 joint plan may be maintained by two or more consenting 30 counties. 31 c Each coup plan shall include a participant and 1 � ) t3' P P P � 32 labor market needs assessment to be revised annually, ` Y, ... 33 which shall specify all of.the following: 1 Institutionsy: 34. (1) The full employment goal of the plan, which shall 35 be the provision of unsubsidized employment for all :vin and may 36 county registrants subject to this article. s.: .137 (2) An . assessment of the county's current and the Greater 38 projected unsubsidized employment needs. construed as l.:39 (3) An inventory of services, including those specified ad any other : 40 in Section 11322.6,,available to county residents. 99 s4o 99 sso 1: t; n AB 824 — 26 - 1 26 - 1 (4) The amount and kind of services required to meet 1 S1 2 the full employment goal for all registrants. 2 Insti 3 (5) The amount and kind of services that will be used f. 3 11: 4 in thean lyear. 4 rec p Y d: e. 5 (6) An assessment of what services are currently 5 high 6 unavailable and needed, including child care services, to ;: 6 exist 7 meet the full employment goal and a plan for developing 7 exch 8 the availability of these services within a reasonable 8 1' 9 period of time, including. a proposed program budget. ' 9 pope 10 (d) If services are not available in the county, the 10 (2) 11 county plan may include provisions for the purchase of 11 pope 12 services from other counties. 12 (3) 13 . (e) Notwithstanding any other provision of this 13 popu 14 section, grant diversion, as described in subdivision (f) of 14 .(4) 15 Section 11322.8, shall be available in each county. 15 parti, 16 (f) Any county in which there is an Indian tribe which 16 (b) 17 operates a job opportunities and basic skills training 17 parti( 18 program approved by the federal Department of Health N;. 18 . progi 19 and Human Services under the federal Family Support 19 desce 20 Act of 1988 (P.L. 100-485) shall do all of the following: 20 (1) 21 (1) (A) Provide the tribe or tribes with information 21 and 22 on adult tribal AFDC recipients needed to determine the 22 (2) 23 eligible tribal population and to define the designated 23 requi: 24 service area. 24 to rec 25 (B) The confidentiality standards of Chapter 5 1 25 +2* 26 (commencing with Section 10850) shall apply to this 26 (3) 27 paragraph: 27 from 28 (2) Determine the eligibility of tribal 'members for 28 who 29 AFDC in accordance with Chapter 2 (commencing with 29 Progr 30 Section 11250). 30 31 (3.) Refer all AFDC applicants and recipients who are 31 (4) 32 tribal members to the tribe's education, training, and E. 32 to reg 33 work program. 33. target 34 (4) Impose financial sanctions in accordance with 34 progn 35 Section 11327.5. 35 {4* 36 (5) Provide child care referrals and payments, 36 (6) 37 including transitional child care, in accordance with 37 target 38 Chapter 2 (commencing with Section 11250). 38 { - 39 (6) Enter into any agreements necessary to carry out 39 (6) 40 the activities specified in this subdivision. 1 40 target 99 1W - 27 — AR 824 red to meet 1 SEC.- -18. Section 11322.4 of the Welfare and 2 Institutions Code is amended to read: will be used 3 11322.4. (a) In determining which clients shall 4 receive services, counties shall give existing.participants e currently 5 highest.priority. If resources are not sufficient to.serve all services, to 6 existing participants, the county shall temporarily developing 7 exclude clients from participation in the following order: reasonable f; 8 (1) Participants who are. not members of the target an budget. 9 population. county, the 10 (2) Participants who are members of the target purchase of % 11 population who do not volunteer for program services. 12 (3) Participants who . are members of the target .ion of this 13 population who volunteer to receive program services. ivision (f) of ': 14 (4) To the extent permitted by federal law, )unty. 15 participants who are pregnant and parenting. teens.. t tribe which 16 (b) If funds are sufficient to serve all existing :ills training 17 participants, priority for intake shall be extended to new int of Health 18 program registrants according to the following list in wily Support 19 descending order: } following: 20 (1) To the extent permitted by federal law,.pregnant information 21 and parenting teens. C. ytermine the 22 (2) Members of the target population who are designated 1` 23 required to register under this article and who volunteer 'G 24 to receive GAIN California Workfare Program services. Chapter 5 25 {-$} pply to this M'; 26 (3) Members of the target population who are exempt 27 from the requirement to register under this article and nembers for a' 28 who volunteer to receive GAIN California Workfare aencing with 29 Program services. �z 30 ents who are 31 (4) AFDC applicants and recipients who are required ,raining, and ;- 32 to register under this article and who are members of the 33 target population who do not volunteer to receive rdance with ,' 34 program services. 35 '1 5 Recipients of AFDC who are not members of the 1 payments, 36 ( ) p jrdance with 37 target population. Yj'. 38 s to carry out ;y; 39 (6) Applicants for AFDC who are not members of the 1140 target population, 99 580 99 590 F` 4'. AB 824 — 28 - 1 28 -1 (c) The number of years, in whole year increments., #`+ 2 particil 2 each individual has received AFDC during the educate 3 immediately preceding two year period shall determine 3 the foll 4 which individuals shall receive the highest priority in the5( a) to 5 categories described in paragraphs (4) and (5) of , tTah 6 subdivision (b), with those who received AFDC during 6 or onsi 7 the greatest amount of time receiving the highest 7 Private 8 priority. 9 colli college; 9 (d) . Target population means a group composed of all ( ) I 10 or an of the following groups of individuals: 10 shall nc Y g � P 11 11 (1) Individuals applying, for AFDC add who have Paid b Y 12 received AFDC aid for 36 of the 60 months immediately 12 of on-ti 13 preceding the most recent month for which application 13 (2) A. 14 has been made. 14 comper 15 .(2) Individuals receiving AFDC aid who have 15 includii 16 situated 16 received AFDC aid for any 36 of the preceding 60 1`17 higher 17 months. ,r g 18 (3) Custodial parents under the age of 24 who had 18 (b) I 19 little or no work experience in the preceding year. 19 for a I 20 (4) . .Custodial parents under the age of 24 who have not �20 particip 21 completed a high school education and are not enrolled ,21 (1) B 22 in high school, or in.a high school equivalency course of 22 provide T3 unsubsic 23 instruction. s, 24 (5) Members of a family in which the youngest child24 (2) A 25 is within two years of being ineligible for AFDC because 125 shall p 26 of age. %26 particip 27 (e) For the purposes of this section„ "volunteer" -27 experiei 28 means any person eligible to participate in. the program, s28 the sery 29 29 either exempt or mandatory, who expresses a desire to 30 Pursuan 30 participate. A shop 31 (f) Notwithstanding any other provision of this article, 31 shall be 32 , any individual who fails to obtain unsubsidized t 32 provide( 33 employment after receiving education or training +�3 training 34 services pursuant to this article shall not . receive '34 pursuan 35 additional eduction or training services until all other 35 long-ten 36 persons qualifying for those services are served. 36 not exce 37 SEC. 19. Section 11322.8 of the Welfare and 37 (3) K 38 Institutions Code is amended to read: +38 number 39 11322.8. As provided in the contract entered into 739 Preempl 40 between' the county , welfare department and the determv 99 620 t 'i —29 — AB 824 ° . 1 participant pursuant #o this article, training and increments, 2 education services include, but are not limited to, all of luring the 3 . the following: 1 determine 14 (a) Job training, which shall include, but is not limited iority in the 5 to, training in employer-specific job skills in a classroom and (5) o£ FDC z{ 6 or onsite setting, including training provided by local { e during t 7 private industry council programs and community the highest 8 colleges. iposed of all ` 9 (1) Payments .to an employer for on-the-job training 40 shall not exceed an average of 50 percent of the wages ;11 paid by the employer to the participant during the period who have 12 of on-the-job training. mmediately x13 (2) A participant in on-the-job training shall be application 14 compensated by the employer at the same rates, who have X15 including benefits and periodic increases as similarly receding 60 16 situated employees or trainees, but not less than the 17 higher of federal or state minimum wages. 24 who had 18 (b) Preemployment preparation, which shall be work ig year. 19 for a public or nonprofit agency that provides the vho have not 20 participant with either of the following: 21 (1) Basic preemployment preparation, which shall not enrolled icy courseof 22 provide work behavior skills and a. reference for future 23 unsubsidized employment. ungest child -2 (2) Advanced preemployment preparation, which DC becauseshall provide on-the-job enhancement of existing N6 participant skills in a position related to a participant's "volunteer" ?:7. experience, training, or education acquired as a result of OQ :he program, the services funded pursuant to a contract entered into s a desire to 29 pursuant to this article. i30 A short-term preemployment preparation assignment �f this article, °31 shall be for not longer than three months, and may be unsubsidized }32 provided as a preparation for other education and or training ' 3 training services as a part of the contract amendments 134 ursuant to Sections 11325.4 to 11326.4, inclusive. A not . receivep ztil all other a35 long-term preemployment preparation assignment shall 36 not exceed one year. rued. 417 (3) Except for persons subject to paragraph (4), the Welfare and ?{g number of hours a person participates in a t`19 preemployment re arattione ro am shall be entered into :nt and the determined y dividing his or heraid grant under this 99 620 ss 630 r k, AB 824 — 30 - 1 30 - 1 chapter, less any child support paid to, the county, by the 1, 1 2 whi 2 average hourly wage for all job openings received by. the 3 reci 3 Employment Development Depart aient. The aveage 4 hourly wage shall be updated annually every July 1. No 4 gral 5 preemployment preparation assignment shall exceed 325 irate . 6 hours per week . ;s 6 pay:. �`� 7 (4) If a person participates in a preemployment 7 1 8 preparation assignment for lune months, the number of 8 emI�;. 9 hours that person is required to participate shall be 4!' 9 (1 10 recomputed by the county welfare department. 10 Inco 11 Beginning in the 10th month, the number of hours of 11 proj� 12 avail 12 preemployment preparation shall be determined by 13 acqu 13 dividing a person's aid grant under this chapter, less any 14 gran 14 child support paid to the county, by ithe prevailing rate 15 emp 15 of pay for the same or similar job at the site to which the 16 (2 16 person is assigned. In no case shall the prevailing rate of 1 17 pay fall below the average hourly wage for job.openings x; 17 savir. P, 18 may 18 received by the Employment . Development 'I 19 19 Department, as provided in paragraph (3) . No 19 welf�be r 20 preemployment preparation.assignment shall exceed 32 21 conn 21 hours per week. ;22 the s 22 (c) Adult basic education, which shall be !23 (3) 23 preemployment basic. education, including reading, 1 24 . writing, and arithmetic necessary for employment or job 124 empl 25 training, including high school proficiency, � succE 225 work26 (d) " College and community college education, when 27 that education provides sufficient employment -2�� °bA° 28 training that can reasonably be expected to lead to artZc 29 employment.. 29 p 30 . (e) Vocational English-as-a-second-language which X30 or dis 31 shall be intensive instruction in English for non-English 31 (B) 32 speaking participants, coordinated with specific job 32 Sectic 33 training. 33 of inc 34 (f) Grant diversion, which means public or privateX35 paym' 35 sector employment or on-the-job training at comparable z35 con(4)du 36 wage rates, in which the recipients cash grant, or a 'F 37 portion thereof, or the welfare grant savings from 588 articlE emplc 38 employment, is diverted to the employer as a wage X3 39 subsidy, subsequent.. to the payment: of wages to the i39 depari 40 participant. A0 work, 99 650 t _ 31 — AB 824 1 (g) Supported work or transitional . employment, county, by the1 2 which mean forms of grant diversion in which the ;ceived by the 3 recipient's cash grant, or a portion thereof, or the welfare The average f; 4 grant savings from employment, is diverted to an ery July 1. No 5 intermediary service provider, subsequent to the hall exceed 32 t. 6 payment of wages to the participant. •eemployment 7 (h) Grant diversion, supported work, and transitional the number of r� 8 employment projects shall be administered so that: tpate shall o 9 (1) The recipient shall not receive less disposable 10 income than if he or she had .not participated in the department. ; er o£of h hours of loll project. "Disposable income 93, means the income eu by '12 available to the recipient by adding the aid payment eter , less any 13 acquired pursuant to this chapter and earnings from the Lapterprevailing rate X14 grant diversion project and subtracting the allowable :e to which the j15 employment related expenses. :wailing rate of 116 (2) The grant, a portion of the grant, or the estimated ►r job openings 17 savings due to the earnings from a grant diversion project Development 18 may be diverted into a special fund created by the county 19 welfare department for this purpose. An employer may aph (3) • No 20 be reimbursed from the. special fund pursuant to a Shall exceed 32 21 contract developed by the county welfare department or !h shall be 22 the service delivery area with the employer. ding reading, 23 (3) The county shall obtain agreements with ►loyme e job M employers that participants will be employed upon 25 successful completion of the grant :diversion, supported Y. P6 . work, or transitional employment period in any related iucation, when cloyment skills 27 job openings, subject to the following provisions: ted to lead to A; , (A) Employers. shall not discriminate against �'29 participants on the basis of race, sex, national origin, age, which 30 or disability: nguage 31 (B) Except as provided in subdivisions (c) and (d) of For non-English 132 Section 11327.5, there shall be no interruption in receipt :h specific job 33 of income, whether wages from the employer or aid iblic or private34 payments by the department, caused by an employer's 5 conduct. at comparable 3 1 11 sh grant, or a -3.7 (4) No grant diversion, supported work, or transitional t savings from X37 employment program shall be implemented under this Iyer as a wage article until a plan for such a program is approved by the y 1�19 department. No plan for grant diversion, supported F wages to the An work, or transitional .employment programs shall be 99 650 99 sso r • . AB 824 — 32 — �` 1 do, 1 approved if the plan would jeopardize: federal financial 2 est 2 participation. Standards established by the department u; 3 for purposes of these programs shall not preclude a 3 cui 4 significant portion of recipients from participation. 4 dei 5 (5) A plan submitted under paragraph (4) shall 5 pa' 6 fan 6 include provisions for immediate reissuance to the 7 recipient of any grant or portion of a grant paid to an8 rec 7 8 employer or intermediary, which has been lost due to j. 9 Do 9 fraud, malfeasance, or theft on the part of the employer 10 voc 10 or intermediary. This plan shall also include provisions for 11 voc neE 11 reissuance to the recipient of any. grant or portion of a 12 Gft 12 grant paid to an employer or intermediary, when the 13 Cal 13 recipient is determined to have had good cause for 14 sue( 14 declining to participate pursuant to Section 11328. 15 self, 15 In. the event that funds are lost due to fraud, 16 malfeasance, or theft by an employer, the county shall 16 (: 17 . initiate an action to recover from the employer or '� 17 ser 18 intermediary any of those.funds. 18 (' 19 (� .19 (6) (A) To the extent required by federal law, and 20 atm 20 until a waiver is obtained pursuant to subparagraph (B), 21. a participant may not be assigned to fill any.established 21 (� 22 edu, 22 unfilled position as part of a grant diversion, supported 23 23 work, or transitional employment program pursuant to 24 Section 11324.6. 24 pro€ (6 25 (B) The department shall seek any federal waivers 2 255 (7 26 . necessary to authorize the assignment of a participant to 27 fill an established unfilled position as part of a grant k' 27 follo 28 prog 28 diversion, supported work, 'or transitional employment 29 (c 29 program pursuant to Section 11324.6. 30 . SEC. 20. The heading of Article 3.3 (commencing y 30 inter 31 with Section 11330 -Chapter Cha ter 2 of Part 3 of Division 9 31 Wor. 32 of the Welfare and Institutions Code is amended to read: 33 need' ,. 33 34 scho( 34 'Article 3.3. Teenage Pafettts Cal .Learn Program 35 train 35 36 local 36 SEC. 21. Section 11330 of the Welfare and Institutions , 37 (2; 37 Code is amended to read: 38 11330. (a) The Legislature finds and declares that 38 servi 39 SE 39 the connection between teenage parenting and a 40 Instit 40 long-term welfare dependency has been well 99 700 - 33 — A,B 824 1 documented by recent social science research: An feral financial 2 estimated 60 percent of teenage parents who are e department 3 currently receiving welfare will have 10 or more years of )t preclude a 4 dependency on aid. Average time on aid for teenage icipation. 5 parents is significantly longer than for parents who begin tph (4) shall 6 families at an older age. aanp finds aid to an to the int 7 (b) The Legislature that teenage parents who int p 8 receive assistance under the Aid to Families with �n lost due to 9 Dependent Children- program have unique education, ' the employer 10 vocational, training, health,. and other social service ,.provisions for 11 needs that are not specifically provided for as part of the �r portion of a12 Grea#-e �� (GAIN) program. iry, when the 13 California Workfare Program. Research shows that ood cause for t 14 successful programs that help teenage parents achieve on 11328. 15 self-sufficiency contain the following features: due to fraud, 16 (1) A comprehensive range of health and social .e county shall 17 services. employer or 18 (2) Adequate supportive services; . 19 (3) A sympathetic and supportive program 3eral law, and 20 atmosphere. )aragraph A.$ 21 (4) Individual attention, especially regarding Lny established 22 education pace and plan. ion, supported 23 (5) An open format and an extended period of n pursuant to 24 program availability. 25 (6) Caring, nonjudgmental staff. sderal waivers 26 (7) Strong case management systems, including i.participant to 27 followup activities to determine whether a student is ►art of a grant 28 progressing in his or her studies. d employment x;.. 29 (c) The Legislature declares that this article is (commencing 30 intended to ensure that the GAIN pig California 31 Workfare Program does all of the following: 3 of Division 9 32 (1) Provide the education and training services fended to read: '` 33 needed by teenage parents to help them earn a high r. ,t 34 school diploma or its equivalent, including vocational ern Program i 35 training and preparation that may be available through 4 36 local education agencies. end Institutions 37 (2) Link teenagers to other needed health and social 38 services available in the community. ty. 1 declares that F: 39 SEC. 22. Section 11330.1 of the Welfare and )arenting and v 40 Institutions Code is amended to.read: been well 99 700 99 720 AB 824 — 34 - 1 34 -1 11330.1. (a) Custodial parents 46 eT V7 under 19 years 1 tees 2 of age who are required to register pursuant to Section : 2 rep 3 11310 shall be required to participate in the program, 3 (� 4 subject to both of the following requirements: 4 lega 5 (1) The custodial parent shall participate in the 5 meE 6 program until the registrant earns his or her high school 6 desi 7 diploma or its equivalent. 7 none 8 (2) The custodial parent shall participate in the ' 8 (e 9 . program as a student attending school ori a full-time basis, 9 ale; 10 as normally defined by the program in which the 10 notii 11 participant enrolls. 11 cool 12 (b) For.the purposes of this article, "teen" or "teenage 12 (2 13 parent" means a custodial parent under 18 19 years of 13 the i 14 age, who is required to register pursuant to Section 11310. 14 right 15 SEC. 23. Section 11330.10 of the Welfare and 15 pare 16 . Institutions Code is amended to read:.,, 16 dury 17 11330.10. (a) Any participant required to participate r 17 (e 18 pursuant to Section 11330.1 who is ft&t less Omm 46 years 18 (1 19 of age emd who is under 4-5. 19 years of age and fails or 19 of n( 20 refuses to comply with program requirements, without 20 (2; 21 good cause, in the education program identified ursuant 21 who 22 to the individual education plan and conciliation efforts 22 with 23 as specified in Section 11327.4 have failed to resolve the 23 (3; 24 dispute, shall be subject to the sanctions imposed by 24 meet 25 subdivision (b) of Section 11327.5 11330.15. 25 causE 26 (b) If it is determined that a teenage parent subject to 26 (f) 27 subdivision (a) has refused or failed to comply with 27 prog 28 program requirements without good cause, the county If 28 mank 29 welfare department shall determine whether the parent 29 cons( ' 30 is living with his or her own parent, parents or guardian, 30 shall 31 or whether the teenage parent is living independent of 31 numl 32 any legal guardian. 7 32 organ 33 (c) (1) If the teenage parent is living with his or her 33 forth( 34 own parent, parents or guardian, the . county welfare 34 SEI 35 department shall notify both the teenage parent and his 35 Instit, 36 or her legal guardian of the teenage parent's failure to 36 113 37 comply with. program requirements. 37 ' comp 38 (2) The notice required by paragraph (1) shall contain 38 chapt 39 the telephone number and address of the local welfare 39 satisfy 40 rights organization_ or legal aid society from which the 40 the tE f 99 740 l it i — 35 — AB 824 aider 19 years 1 teenage parent may obtain legal assistance or int to Section 2 representation. the program, 3 (3) The county welfare department shall permit the ,nts: 4 legal guardian of the teenage parent to attend any :ipate in the 5 meetings between --the county and the teenage parent it high school 6 designed to encourage or induce participation from the 7 noncooperating teenage parent. ipate in the 8 (d) (1) If the teenage parent is living independent of all-time basis, 9 a legal guardian, the county welfare department shall n which the 10 notify the teenage parent of his or her failure to 11 cooperate with the program. i" or "teenage 12 (2) The notice required by paragraph (1) shall contain 1$ 19 years of 13 the telephone number and address of the local welfare Section 11310. 14 rights organization or legal aid society from which the Welfare and 15 parent. may obtain legal assistance or representation 16 during the conciliation and sanction process. to participate 17. (e) Case managers shall do all of the following: } 4 p 18 (1) Fully inform teenage parents of the consequences ;e and fails or 19 of not complying with the program. tents, without 20 (2) Make reasonable efforts to reach teenage parents tified pursuant 21 who they believe are in danger of failing to participate !iliation efforts 22 without good cause. to resolve the (3) Make reasonable efforts to secure a face-to-face Ls unposed by 24 meeting with a teenage parent before making a `good ►5. 25 cause determination. rent subject to 26 (f) If a teenage parent fails or refuses to comply with comply with 27 program requirements without good cause, . the case .se, the county 28 manager .. shall again inform the client of the her the parent ii 29 consequences. of not participating in the program and its or guardian, ] 30 shall provide the teenage parent with the telephone ndependent of 31 number and . address of the local welfare rights 111 32 organization or legal aid society should he or she need r, with his or her -` 33 further assistance. county welfare 34 SEC. 24. Section 11330.15 is added to the Welfare and parent and his ;l 35 Institutions Code, to read: ent's failure to €, 36 11330.15.. In order to encourage. teenage parents to t 37 complete their high school education, aid paid under this. 1) shall contain : 38 chapter shall be supplemented or reduced based upon .e local welfare ; 39 satisfactory progress in the program, as determined by rom which the `: 40 the teenage parent's case manager, as follows: 99 740 99 760 e AB 824 — 36 - 1 36 -1 (a) In any month in which the participant has made ` 1 occ 2 satisfactory progress, the family shall be paid fifty dollars 2 inv, 3 ($50) in addition to any amounts paid pursuant to Section 3 (; 4 11450. 1 4 invi 5 (b) In any month in which the participant has not 5 the 6 made satisfactory progress, the amount of aid paid to the t 6 7 family shall be reduced by fifty dollars ($50). Participants ;. 7 rec( 8 shall not otherwise be subject to sanctions under Section8 elig 9 11327.5. 9 10 SEC. 25. Section 18901 of the Welfare and Institutions ', 10 cou 11 Code is amended to read: 11 Prot 12 18901. (a) The eligibility of households shall be 12 (r 13 , determined to the extent permitted by federal law. 13 coni 14 (b) The department shall seek federal waivers to 14 regi 15 automatically qualify recipients of aid under. Part 5 15 Fin,, 16 (commencing with Section 170010) for the federal Food r 16 wit] 17 Stamp Program if the applicant or recipient requests food 17 Gov 18 stamps. k. 18 (E 19 SEC. 26. Section 18902.5 of the Welfare and : 19 inve 20 Institutions Code is amended to read.: 20 exist 21 18902.5. (a) . In the administration of. this chapter 21 hers 22 counties may shall conduct an. early fraud prevention 22 ( . 23 and detection program pursuant to this section subject to 23 mad 24 funding as provided in subdivisions (b) and (c). " 24 ben( 25 (b) Funding for an early fraud prevention and 25 or tc 26 detection program pursuant to Section 18906.7 shall not 26 (1 27 be made to a county if the department determines that 27 disc] 28 an early fraud prevention and detection program would 28 redu 29 not be cost-effective. in that county. . F 29 (C 30 (c) Funding for an early fraud prevention andf 30 entit 31 detection program pursuant to Section 18906.6 shall not 31 benE 32 be .available to a county until its operating plan for a 32 grew 33 program is approved by the department. No operating 33 (I; 34 .plan shall be approved by the department unless the plan +34 to b( 35 contains assurances that the county will comply with the . f35 purp 36 conditions specified in subdivision (d). 36 or d( 37 (d) Each county which operates an early fraud '�37 (T 38 prevention and detection program shall be subject to all K38 inve: 39 of the following conditions: -:39 belie 40 (1) No intimidation :of applicants or recipients shall A0 Reas, 99 780 ' �rf 4e. • a1 i — 37'— AB 824 ant has made 1 occur, either by referral or threat of referral for a fraud id fifty dollars 2 investigation. .ant to Section . 3 (2) Applicants shall not be referred for a fraud 4 investigation until after they have completed and signed ipant has not 5 the application for aid. tid paid to the 6 (3) The referral and investigation shall not delay the ). Participants 7 receipt of aid, including immediate need payments, for under Section ,'.' 8 pp eligible applicants and recipients. � 9 (4) Uniformed investigators shall not be used by any . id Institutions 10 county welfare department for its fraud prevention 11 program. colds shall be 12 (5) The county welfare department shall abide by the deral law. 13 confidentiality requirements in Section 10850 and the �d waivers to 14 requirements and protections in the California Right to under. Part 5 15 Financial Privacy Act under Chapter 20 (commencing federal Food 16 . with Section 7460) of Division 7 of Title 1 of the requests food ,; 17 Government Code. s, 18 (6) The. county shall make a referral for welfare fraud Welfare and 19 investigation when there is reason to believe that fraud 120 exists. Fraud exists when a person, on behalf of himself or '. this chapter 121 herself or others, has done .any of the following: . .id prevention 22 (A) Knowingly, and with intent to deceive or defraud, !tion subject to 23 made a false statement or representation to obtain ►gid (c) . 1:24 benefits, to obtain a continuance or increase of benefits, evention and 25 or to ,avoid a reduction.of benefits. 906:7 shall n 26 B Knowingly, and with intent to defraud failed to termines. that �27 disclose a fact which, if disclosed, could result in a denial, +rogram would �28 : reduction, or discontinuance of benefits. X29 (C) Accepted benefits knowing he or she was not evention and X30 entitled to those benefits, or accepted any amount of 2906.6 shall not 131 benefits knowing the .amount of benefits received was ing plan for a z°32 greater than the amount to which he or she was entitled. No operating `33 (D) Made any statement which he or she did not know unless the plan 34 to be true with reckless disregard of the truth, for the imply with the #;35 purpose of obtaining, continuing, or avoiding a reduction `�36 or denial of benefits. a early fraud 37 (7) The county shall make a referral for fraud ►e subject to all `38 investigation when there are reasonable grounds to 19 believe that fraud, as specified in paragraph (6) exists. -ecipients shall 00 Reasonable grounds exist when one or more of the 99 780 99 800 i' 1i AB 824 — 38 — -1 following.criteria exists: t 1 prod 2 (A) An overpayment or overissuance of benefits, or 2 coon 3 both, may result from an applicant's failure to report th3 state 4 information pertinent to eligibility or benefits. 4 State 5 (B) A questionable situation exists and the applicant 5 cost 6 or third party acting on behalf of the applicant will not 6 Chilc 7 cooperate in providing necessary verification of 7 (Mec 8 ' information which would affect the applicant's eligibility8 count 9 or the amount of benefits for which the applicant is F 9 upon 10 eligible. 10 admi 1111 county welfare program staff person finds 11 costs, 12 conflicting information which could affect the applicant's 12 cover 13 eligibility or .the amount of benefits for which the 13 failur, .14 applicant is eligible, and any further action on the part of 14 depai 15 that staff person could jeopardize the investigator's 15 shall 16. ability to investigate. E; 16 count 17 (D) The °county is made aware of any situation 17 mann 18 involving the applicant that could involve 18 (b) 19 embezzlement, collusion, conspiracy, trafficking, black 19 count 20 marketing, or any other general program violations. 20 depar 21 (E) The county is made aware of any situation in 21 reduc 22 which the applicant may have forged, may have caused 22 li nite 23 the forgery of, or is using a forgery of, any warrant or k 23 studie 24 authorization to participate which has been negotiated. 24 in th, 25 (F) The county welfare program. staffperson has J.25 . states 26 received an allegation of fraud with respect to the 26 based 27. applicant from any governmental agency. F 27 count 28 a vera 28 (G) The county has received a complaint containing r t 29 facts which allege that a crime involving a public social 29 for th, 30 services program., including, but not limited to, fraud, nF 30 fu ds 31 perjury, trafficking, or embezzlement may occur. k ( ) 32 SEC. 27. Section 18906 of the Welfare and Institutions } 32 pursue 33 Code is amended to read: « 33 welfar 34 18906. (a) The department shall establish and 34 counti 35 maintain a.plan whereby costs for county administration 35 SEC 36 of food stamps under this chapter will be effectively 36 Code 37 controlled within the amounts annually gLppropriated for 37 1892 38 such administration. The plan, to be known as the County 38 #wee 39 Administrative Cost Control. Plan, shall establish 39 Getm 40 standards and performance criteria, including workload, 440 appre 99 M 39 — AB 824 1 productivity and support services standards, to which benefits, or 2 counties shall adhere. The plan shall be part of a. single to report 3 state plan, jointly developed by the department and the ts. 4 State Department of Health Services, for administrative e applicant 5 cost control for the Aid to Families with Dependent int will not �' 6 Children (AFDC) , Food Stamp,. and Medical Assistance F%. of 7 (Medi-Cal) programs. Allocations shall be made to each acation's eligibility r 8 county and shall be limited by and determined based applicant is 9 upon the County Administrative Cost Control Plan. In 10 administering the plan to control county administrative ,erson finds 11 costs, the department shall not allocate state funds to : applicant's 12 cover county cost overruns which result from county a which the 13 failure to meet requirements of the plan. The 1 the part of 14 department and the State Department of Health Services ivestigator's 15 shall budget, administer, and allocate state funds for 16 county administration in a uniform and consistent iy situation 17 manner. 3 involve 18 (b) (1) In developing its plan to control costs of 1ig, black 19 county . -administered food stamp programs, the ,kinns. 20 department shall simplify county and state procedures to situation in . 21 reduce administrative costs. These include, but are not have caused 22 limited to, conducting annual, rather than quarterly, time .warrant or � 23 studies of county workers, using a random sample survey 24 in the time studies of count workers, developing negotiated. Y P� g person has ` 25 statewide standards for the cost control plan that are ect to the 26 based on statewide averages of the administrative time P 27 county workers spend on tasks, and using the statewide. t containing t 28 averages that are revised each year based on actual costs public social 29 for the previous two years to distribute administrative 'd to, fraud, $ 30 funds to counties. occur. � 31 (2) Statewide averages shall not be developed I Institutions `' 32 pursuant to paragraph (1) until the statewide automated 33 welfare system described in Section 10815 is in place in all stablish and 34 counties. tministration 35 SEC. 28. Section 18920 of the Welfare and Institutions effectively 36 Code is amended to read: ropriated for 37 18920. (a) (1) The department ffmy shall conduct ,s the County � 38 three poet demonstration projects ; to he leeated � the tU .establish 9 �� and SmAct ng workload, 040 approval of the 'dep".tm ai�d the partieipaNng in 99 8W 99 80 t AB 824 — 40 - 1 40 -1 volunteering counties : The poet prejeet:9 4m4 test the 1 rec 2 reporting systemsto test the reporting systems described 2 the 3 in subparagraphs (A), (B), and (C) of paragraph (4). 3 aid 4 (2) (A) The piet prejeet demonstration projects 5 5 conducted in Los Angeles County shall test one or both no 6 of the reporting systems described in subparagraphs (A) 6 wel 7 and (B) of paragraph .(4). The poet prejeet pepu4eM 1; 7 of c 8 in Lee Angeles Gewity shaR be lifnited 10;99® usesfW 8 adn 9 eaek test 9 wit] 10 (B) The pig demonstration projects in the other 10 Stat 11 counties shall test one of the reporting systems described i11 rept 12 res l12 in subparagraphs ( ) and ( ) ofpara� P (4) s j 13 be 4iq?Ated to $,-9A eases per pre eet. 13 recc 14 (3). (A) The pilot demonstration projects shall be 14 inst 15 designed and conducted according to standard scientific 15 wel: 16 principles, and shall be in effect for a period of -24}meftths y 16 use 17 three years after the department hay obtained the 17 (t 18 necessary waivers. 18 rep( 19 (B) The prejeets ffwy be emtended air addifiened 19 ben, 20 upeft the "pre-vel e€ thedepartm ; 20 rep( 21 -(+} The demonstration projects shallbe.designed to 21 per,; 22 compare the monthly reporting system v"rith alternatives 22 mor. .23 described in paragraph (4) as to the phenomena 23 reci 24 described in subparagraph (C) of paragraph (3) of 2 they 25 subdivision (a) of Section 11265.5. ` aid 26 (4) The p demonstration projects shall adopt y 26 (1 27 reporting systems providing for one or more of the 28 28 following: prof 29 *VV 29 (A) A reporting system.that requires households with 30 30 no income, other than grants issued by the county prof 31 welfare department, or whose only income is comprised r 31WaiN 32 of old age, survivors; and disability insurance benefitsdew 32 33 administered pursuant to Subchapter 2 (commencing + 33 34 with Section 401) of Chapter 7 of Title 4.2 of the United 34 a4ee 35 States Code, and with no recent work history, to report 35 {� 36 changes in circumstances that affected. eligibility and 36 and 37 benefit amount as changes occur. These changes shall be 37 repc 38 reported directly to the county welfare department in 9 39 person, in writing, or by telephone. In all cases in which 40monthly reporting 'is not required, a form advising 40 {43 99 sso i. — 41 — AB 824 1 recipients of what changes must be reported, and how MR teA the "Is 2s described 2 they may be reported, shall be provided to recipients of ;raph (4) . 3 aid along with benefit payments each month. on projects 4 (B) A reporting system that permits households with one or both 5 no income, other ,than grants issued by the county :graphs (A) 6 . welfare department, or whose only income is comprised pePtAftti7 of old age, survivors, and disability insurance benefits r X99 eases � 8 administered pursuant to Subchapter 2 (commencing 9 with Section 401) of.Chapter 7 of Title 42 of the United n the other lj 10 States Code, and with no changes in eligibility criteria,to as described . 11 report electronically 'monthly, using either an audio as12 response system or the food stamp on-line issuance and 13 recording system, or a combination of both. Adequate cts shall be 14 instruction and . training shall be provided to county Lrd scientific 15 welfare department staff and to recipients who choose to f .24 meftths 16 use this system prior to its.implementation. btained the . 17 (C) A reporting system that requires all households to i 18 report changes in circumstances that affect eligibility and 19 benefit amount as changes occur. These changes shall be 20 reported directly to the county welfare department in designed to 21 person, in writing, or by telephone. In all cases in which alternatives i 22 monthly reporting is .not required, a form advising phenomena 23 recipients of what changes must be reported, and how raph (3) of 24 they may be reported, shall be provided to recipients of .25 aid along with benefit payments each month. c shall adopt 26 (b) (1) �e a ties sly be more of the =F 28 d $ tseholds with 29aw waivers me eeeessa&.to ' the the county 30 proposal the s seek these is comprised r 31 waivers .fromthe federal ageney. The ante benefits 32 eperatie}r, aftd eyaltmS of the met commencing 33 prejeets sly netresult in em in the state 2f the United f 34 eAeeatiee of eek €mss: try, to report 35 (1.5) + T-he poet Demonstration counties shall prepare ligibility and 36 and submit reports, annual reports, and a final urges shall be 37 report.to the department. apartment in 38 (2) "� reports hes no ,mer ases in which 39 thwt 30 ealerder dwfs „cam thee end e€ the " 2rm advising 40 +3} Each annual. report shall be submitted no later 99 850 99 870 AB 824 — 42 - 1 42 - 1 than 45 days after the end of the.year. 1 pro 2 {4* 2 3 (3) (A) Each pilot demonstration county shall 3 ree) 4 submit a final report not later than 90 clays following 4 Sta, 5 completion of the pilet demonstration projects required 5 (- 6 by this section and Section 11265.5. 6 app 7 (B) -f The finel. reports shaft eaeh inelude an 7 fed( 8 of the pi4et= prejeet based eft em .analysis of the .8 (c 9 faeters set forth in subparagraph {G of {-a} of 9 pile 10 sebdk4siee -(a} eempared t-e eaeh ether, to the eerreet 10 a pe 11 repert4tg systems ki the AFPG aed deedstamp ike 12 rams a ' ed addiliefteJ feet ers as det:e ed 12 11 pe 13 The shad be 3. ae p&4�'�13.. 13 p � I4 ads 14 er ,.,�t..,,,..t,.,a with n 15 for that purpose prior to the eing of the prejeet 15 base 16 {-i - Eaeh evedtta6eft shall btt t9cet be meted ' 16 para 17 t�air psis of the faeters set ferth..ftt subparagraph{G} 17 +e 18 of h -(3} of of SEWSOR 11965.5 18 imp] 19 mpetred to eaeh ether aid the ee ftq-A reperting 19 fede 20 systems in be the AFDG end feed A 20 SF 21 {-G} The department shall PeN4ew and! ay a the 21 depc- 22 evahtaNe submitted by the }meteetmNes prepare and 22 turn 23 shah submit them an evaluation to the pokey 23 fede: 24 aed fiseal of the Legislature six months 24 and 25 following completion of the demonstration.projects. ; 25 Thes 26 (c) (1) The director may, by formal order, waive the 26 creat 27 enforcement of specific statutory requirements, 27 the 28 regulations, and standards in one or more counties, as 28 Legi: .29 required for the implementation of the pilot projects. 29 in th 30 (2) Any waiver under paragraph (1) shall meet all of 30 (b; 31 the following requirements: 31 Legh 32 (A) It shall .not conflict with the basic purposes, 32 recon 33 coverage, or benefits provided by law. 33 for tl 34 (B) It shall not be general in scope,but shall apply only 34 Depa 35 to this prejeedemonstration projects. 35. Socia 36 (C) It shall apply only during the authorized period 36 Depa 37 during which the pilaf demonstration projectsare 37 Depa 38 implemented under this section, not to exceed a period . 38 recon 39 of three years. 39 conso 40 (D) It shall provide alternative methods and 40 requi 99 890 r i. — 43 — AB 824 1 procedures of administration. 2 (E) It shall not reduce the amount of benefits to which aunty shall 3 recipients would otherwise be entitled under the Food F's following . 4 Stamp Program. As required t 5 (F) It shall not take effect unless and until the 6 appropriate federal agency has agreed to waive the ine an 7 federal requirements for the same project.lude ams of the `'' 8 (d) The departm mee e tenvAmate emy er eAl of the } s 9 p4et prejeets hmplemented.ptwsttant. to this seetiee after the eurrent 10 a period of sim menths of epi if eee of mere of the 96d. Stamp . b 11 pilot eetm4es subwAts data to the or wed the 12 few themse a4tdieating that the 13 pi4et prejeet or prejeets are not e..,.g,.rr. etiye er pared by em t-eteed with 14. er eea er state eperatiefts :he prejeets. 15 haled ee the faeters set fer-th {G} of he meted 16 parotgraph +3} of subdk4si 17 fie* The pilet demonstration projects shall be i Q65.5 18 implemented only upon .receipt of the appropriate treperting 19 federal waivers. 20 SEC. 29. (a) The Legislature finds and declares that 21 departments within the Health d elf }ppreve the p t an W are Agency are 2repare and s 22 currently required to complete numerous state and 3riate 23 federal audits for the purposes of accounting for funds six months 24 and services expended in behalf of California's citizens. ?rojects. 25 These audits are duplicative and overlapping, and'have r, waive the 26 created a workload that is beyond.the original intent of quirements, 27 the programs being audited. It is the intent of the counties, as i 28 Legislature to reduce duplication and enhance efficiency t projects. 29 in these areas. 1 meet all of 30 (b) The Health and Welfare Agency shall report to the 31 Legislature no later than March! 31, 1994, on c purposes, 32 recommendations for a consolidated state audit process 33 for the State Department of Health Services, the State 11 apply only 34 Department of Mental Health, the State Department of 35 Social Services, the Department of Aging, the State dzed period 36 Department of Developmental Services, and the ?rojects are 37 Department of Alcohol and Drug Programs. The .-ed a period 38 recommendations shallinclude methods . for 39 consolidating the numerous audits that are currently --thods and 40 required by the federal government, identification of 99 890 99 910 t AB 824 — 44 — 1 1 audits currently required. by the federal and state s i 2 d 2 governments that are duplicative or unnecessary, 3 3 methods of changing the current audit structure to one 4 2 4 that reflects outcome measures andperformance 5 c 5 standards, and how automation might improve audit 6 d 6 efficiency. 7 t] 7 SEC. .30. (a) The Director of Social Services, the 8 S 8 Director of Health Services, the Director of Mental 9 sl 9 Health, the Superintendent of Public Instruction, and the 10 0- 10 director of any other state agency responsible for 11 p 11 implementing any part of this act shall apply for any 12 necessary waivers required for federal financial j 13 participation under these provisions. 14 (b) The Director of Social Services shall apply for any i 15 federal waivers necessary to obtain federal funds under 16 Part F .(commencing with Section 681) of Subchapter IV 17 of Chapter 7 of Title 42 of the United States Code, beyond 18 the funding cap existing on January 1, 1994, in order to 19 implement this act. 20 SEC. 31.. The State Department of Health Services, 21 the State Department of Social Services, the State 22 Department of.Mental Health, the State Department of 23 Education, and any other state agency involved in the 24 implementation . of this act . may adopt emergency 25 regulations pursuant to Chapter 3.5 (commencing with 26 Section 11340) of Part 1 .of Division 3 of Title 2 of the 27 Government Code, to implement this act.. The adoption 28 of those regulations shall be deemed to be an emergency 29 and necessary for the immediate preservation of the 30 public peace, health, or safety. Notwithstanding Chapter 31 3.5 (commencing with Section 11340) of Part 1 of 32 Division 3 of Title 2'of the Government Code, emergency 33 regulations adopted by the department in order to is 34 implement this act shall not be subject to the review and 35 approval of the Office of Administrative Law.. These 36 regulations shall become effective immediately upon 37 filing with Secretary of State. 38 SEC. 32. Notwithstanding Section 17610 of the 39 Government Code, if the Commission on State Mandates 40 determines that this act contains costs mandated by the 99 Wo p — 45 — AB 824 1 state, reimbursement to local agencies and school and state 2 districts for those costs shall be made pursuant to Part 7 necessary, 3 (commencing with Section 17500) of Division 4 of Title ure to one 4 2 of the Government Code. If the statewide cost of the .rformance 5 claim for reimbursement does not exceed one million rove audit 6 dollars ($1,000,000), reimbursement shall be made from 7 the State Mandates Claims Fund. Notwithstanding rvices, the 8 Section 17580 of the Government Code, unless otherwise of Mental 9 specified in this act, the provisions of this act shall become on, and the 10 operative on the same date that the act takes effect )nsible for 4 11 pursuant to the California Constitution. ily for any x financial ply for any rods under chapter IV de,,beyond in order to h Services, the State �artment of } .ved in the r emergency ncing with ? :le 2 of the te adoption g O emergency ion of the :ig Chapter Part 1 of emergency 1 order to review and .aw. These ately upon 'r 10 of the e Mandates -ited by the 99 930 99 920 i ` + �, .t { { '� I' 1 i 1 1 j +�1 { j 4 a i t i � t �, if i �, i i i :i . . '.� i ,i �4. ``� i � �� �7 ',,