42-708 WELFARE-TO-WORK 24-MONTH TIME CLOCK

(a) This includes individuals whose needs have been removed from the family’s cash aid due to an Intentional Program Violation (IPV) under Sections 20-351 through 20-353.

(b) This includes individuals who are in an assistance unit which is receiving a grant of less than $10 per month.

HANDBOOK ENDS HERE

.122 If a participant transfers from one assistance unit into another assistance unit, his or her Welfare-to-Work 24-Month Time Clock transfers with him or her. The individual is not entitled to a new Welfare-to-Work 24-Month Time Clock or a restarting of his or her Welfare-to-Work 24-Month Time Clock due to the assistance unit transfer.

.13 Individuals who are not subject to the Welfare-to-Work 24-Month Time Clock

.131 Cal-Learn Exclusion

(a) Individuals who are required to participate in, participating in, or exempt from the Cal-Learn Program as described in Sections 42-762 through 42769 are not subject to the Welfare-to-Work 24-Month Time Clock.

.132 Non-Parenting Dependent Teens

(a) Individuals who qualify for aid, are 16- or 17-years old, are nonparenting dependent teens, and are required to attend high school are not subject to the Welfare-to-Work 24-Month Time Clock.

.133 Non-Cal-Learn 19-Year Old Custodial Parents

(a) Individuals who qualify for aid, are 19-years old, and have not obtained a high school diploma or its equivalency are not subject to the WelfaretoWork 24Month Time Clock.

.134 Non-Minor Dependent Exclusion

(a) Individuals who are non-minor dependents and are not required to participate in welfare-to-work in accordance with Section 42712.13.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.14 Individuals with a Break in Aid

.141 Individuals with a break in aid longer than 30 days, upon return to aid shall have a new welfare-to-work plan developed under Section 42-711.6.

(a) If a participant was not previously assessed in accordance with Section 42.711.55, the participant must complete an assessment under Section 42-711.55.

(b) If the participant was previously assessed in accordance with Section 42.711.55, the CWD shall evaluate whether a new assessment is needed based on the participant’s specific circumstances.

(c) Once the participant signs a new welfare-to-work plan in accordance with Section 42-711.6, his or her Welfare-to-Work 24-Month Time Clock starts the first of the following month after his or her plan sign date, unless the individual meets a condition described in Section 42708.3 that allows for a month not to count toward his or her Welfare-to-Work 24-Month Time Clock.

.142 Individuals with a break in aid of less than 30 days, who had an active welfaretowork plan developed under Section 42-711.6 when he or she left aid, shall continue in his or her welfare-to-work plan if the welfare-to-work plan is appropriate based on the individual’s specific circumstances and is consistent with his or her assessment under Section 42-711.55.

(a) The Welfare-to-Work 24-Month Time Clock will begin or resume the first of the month following the date the participant’s aid resumed, unless the participant meets a condition described in Section 42-708.3 that permits a month not count toward his or her Welfare-to-Work 24-Month Time Clock.

(b) If the participant’s welfare-to-work plan is no longer appropriate upon reentry into the Welfare-to-Work program, months shall not count towards his or her Welfare-to-Work 24-Month Time Clock pursuant to Section 42-708.325 until he or she has signed a new welfare-to-work plan in accordance with Section 42711.6.

(c) The CWD shall evaluate whether a new assessment is needed based on the participant’s specific circumstances.

Page 224.1

vv

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.15 Impact of the CalWORKs 48-month Time Limit on the Welfare-to-Work 24-Month Time Clock

.151 Participants who have reached their CalWORKs 48-month time limit in accordance with Section 42-302.1, but have time remaining on their WelfaretoWork 24-Month Time Clock are not entitled to continue participating in the welfare-to-work program unless they qualify for a 48month time limit exception under Section 42302.11.

.152 For a participant granted a 48-month time limit exception under Section 42302.11 who has yet to exhaust the Welfare-to-Work 24-Month Time Clock, and who is required to participate in welfare-to-work, he or she may continue to participate in activities that meet CalWORKs minimum standards until his or her Welfare-to-Work 24-Month Time Clock is exhausted, at which time he or she must meet CalWORKs federal standards.

.2 Counting Months Toward the Welfare-to-Work 24-Month Time Clock

.21 The Welfare-to-Work 24-Month Time Clock is effective January 1, 2013. No months prior to January 1, 2013 shall count toward a welfare-to-work participant’s WelfaretoWork 24Month Time Clock.

.22 Months shall begin counting toward a welfare-to-work participant’s WelfaretoWork 24Month Time Clock the first of the following month after he or she signs a welfare-to-work plan in accordance with Section 42-711.6, which includes mutually agreed upon welfare-to-work activities under Section 42-716 and supportive services pursuant to Section 42-750.

.23 Months count toward an individual’s Welfare-to-Work 24-Month Time Clock in a cumulative fashion.

.24 Any month in which a participant who is subject to the Welfare-to-Work 24-Month Time Clock meets a condition under Section 42-708.3 shall not count toward the participant’s WelfaretoWork 24-Month Time Clock.

.25 When verification indicates an individual whose welfare-to-work plan is designed to meet CalWORKs federal standards has not met those standards in accordance with Section 42709.52, the CWD shall begin counting months toward that participant’s Welfareto-Work 24-Month Time Clock the first of the month following the date the CWD received the verification.

.251 The CWD shall inform the participant of the change in status to his or her Welfareto-Work 24-Month Time Clock in accordance with Section 42-708.63.

Page 224.2

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.252 Individuals who have not been assessed in accordance with Section 42-711.5 whose welfare-to-work plan consists solely of unsubsidized employment, and who fail to meet CalWORKs federal standards in accordance with Section 42709.52 shall be referred to assessment and months will not begin counting toward that participant’s Welfare-to-Work 24-Month Time Clock until the first of the following month after he or she signs a new welfaretowork plan.

.3 Conditions that Shall Make a Month Not Count Toward the Welfare-to-Work 24-Month Time Clock

.31 The individual meets CalWORKs federal standards as specified in Section 42-709.

.311 Any month during which a CWD receives verification that indicates an individual has participated in hours and approved activities that meet CalWORKs federal standards in accordance with Section 42-709.52, shall be retroactively restored to that individual’s Welfare-to-Work 24-Month Time Clock.

.32 The individual meets any one of the following conditions:

.321 Welfare-to-Work Exemption

(a) The individual qualifies for a welfare-to-work exemption from participation under Section 42-712.

.322 Good Cause

(a) The individual is in a welfare-to-work plan that is designed to meet CalWORKs minimum standards and was excused by his or her CWD from participation in welfare-to-work activities for good cause in accordance with Section 42-713, for at least 50 percent of his or her hourly participation requirement for the month(s).

.323 Domestic Abuse

(a) The individual has been identified as a past or present victim of domestic abuse and the CWD has granted a waiver for a month(s) to not count toward the Welfare-to-Work 24-Month Time Clock in accordance with Section 42.713.22.

.324 Welfare-to-Work Sanction

(a) The individual is removed from the assistance unit due to a sanction pursuant to Section 42-721.4.

Page 224.3

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.325 Appraisal, Job Search, Assessment, or Developing a Welfare-To-Work Plan

(a) The individual is participating in the appraisal process under Section 42711.52, the assessment process pursuant to Section 42711.55, job search pursuant to Section 42-711.53, or the individual does not have an active welfare-to-work plan and is in the process of developing a plan pursuant to Section 42-711.63.

(b) The individual is participating in job search or job readiness that meets CalWORKs federal standards as specified in Section 42-709.

(c) The individual is participating in a welfare-to-work plan developed in accordance with Section 42-711.6 where job search accounts for at least 50 percent of the individual’s participation hours in a given month.

(1) Paragraph (c) is limited to two months in a 12-month period, and the individual must first exhaust the job search and job readiness allowance specified in paragraph (b).

.326 Excused Parent

(a) The individual is an excused parent in an assistance unit in accordance with Sections 42-712.12 and 42-712.14.

(1) If the mandatory parent fails to meet the assistance unit’s participation requirement, the excused parent will become subject to welfare-to-work participation requirements and his or her Welfare-to-Work 24-Month Time Clock shall begin once requirements of Section 42-708.22 are met.

(2) If the excused parent volunteers to participate, months do not count toward his or her Welfare-to-Work 24-Month Time Clock unless the situation provided in paragraph (1) occurs.

(3) In accordance with Section 42-712.12, if the mandatory parent is fully meeting the assistance unit’s hourly participation requirement and the excused parent is volunteering to participate in welfaretowork, if the parents’ combined number of hours and activities is such that the assistance unit meets CalWORKs federal standards in a given month, that month will not count toward the mandatory parent’s Welfare-to-Work 24-Month Time Clock.

Page 224.4

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.4 Special Rules for Two-Parent Assistance Units

.41 Each adult in a two-parent assistance unit has his or her own individual WelfaretoWork 24Month Time Clock pursuant to Section 42-708.121.

.411 Months will count toward the Welfare-to-Work 24-Month Time Clock for each adult in a two-parent assistance unit when the assistance unit meets CalWORKs minimum standards, unless one or both of the participants meet a condition under Section 42-708.3 that would make a month not count toward the Welfare-to-Work 24-Month Time Clock.

HANDBOOK BEGINS HERE

.42 The Welfare-to-Work 24-Month Time Clock Applied to Two-Parent Assistance Unit Configurations

.421 Two Mandatory Parents Participating and Sharing Hours

(a) If both parents in a two-parent assistance unit are required to participate in welfare-to-work and are meeting CalWORKs federal standards, months will not count toward either parent’s Welfare-to-Work 24-Month Time Clock.

(b) If both parents participate but do not meet CalWORKs federal standards, both parents will have months count toward his or her respective Welfare-to-Work 24Month Time Clock unless one or both meets a condition under Section 42708.3 that makes a month not count toward the Welfare-to-Work 24Month Time Clock.

.422 First Parent is Participating and Second Parent is Excused

(a) If one parent agrees to fully meet the CalWORKs minimum standards for twoparent assistance units, the second parent is excused from welfareto-work participation in accordance with Section 42-712.12 and months will not count toward the second parent’s Welfare-to-Work 24Month Time Clock.

HANDBOOK CONTINUES

Page 224.5

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

HANDBOOK CONTINUES

.423 First Parent Participating and Second Parent is Exempt (other than an exemption based on a disability pursuant to Section 42-712.44)

(a) When one parent has a welfare-to-work exemption that is not based on a disability, the other parent must fulfill the assistance unit’s CalWORKs minimum standards, unless the exempt parent volunteers to participate and contribute toward the assistance unit’s 35-hour per week participation requirement.

(b) Months will not count toward the exempt parent’s Welfare-to-Work 24Month Time Clock.

(c) Months will count toward the mandatory parent’s Welfare-to-Work 24Month Time Clock unless the assistance unit is meeting CalWORKs federal standards or the mandatory parent is found to meet a condition under Section 42-708.32 that makes a month not count towards the Welfare-to-Work 24-Month Time Clock.

.424 Two Parents Participating and One Parent is a Volunteer

(a) Exempt and excused second parents may choose to volunteer in welfareto-work.

(b) Months do not count toward the exempt or excused second parent’s Welfare-to-Work 24-Month Time Clock, regardless of whether they choose to volunteer in welfare-to-work.

(c) An exempt or excused parent’s voluntary participation may contribute towards meeting CalWORKs federal standards.

(d) Any month that the assistance unit’s total participation is such that it meets CalWORKs federal standards will not count toward the mandatory parent’s Welfare-to-Work 24-Month Time Clock.

HANDBOOK ENDS HERE

.5 Special Rules for Other Assistance Unit Configurations

.51 One-Parent Assistance Units with a Second Parent in the Home who has Reached the CalWORKs 48-month Time Limit

Page 224.6

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.511 Months will count toward the aided parent’s Welfare-to-Work 24-Month Time Clock, unless he or she is found to meet a condition that makes a month not count toward the Welfare-to-Work 24-Month Time Clock in accordance with Section 42-708.3.

.512 When determining if the aided parent meets CalWORKs federal standards only, the CWD shall consider any hours for which the CWD has received verified documentation of participation by the second parent.

.52 One-Parent Assistance Units with a Second Parent in the Home who is Sanctioned

.521 Months will count toward the non-sanctioned parent’s Welfare-to-Work 24Month Time Clock, unless that parent’s level of participation meets CalWORKs federal standards or he or she is found to meet another condition that makes a month not count toward the Welfare-to-Work 24-Month Time Clock in accordance with Section 42-708.32.

.522 If a sanctioned parent complies with the requirements of Section 42-721.43, any hours he or she successfully completes in relation to Section 42-721.43 shall be considered for determining if the family is meeting CalWORKs federal standards only.

.53 Assistance Units with Optional Stepparents

.531 Assistance Units with an optional stepparent as defined in Section 42701.2(o)(3)

(a) Months will count toward an optional stepparent’s Welfare-to-Work 24Month Time Clock when he or she is participating to meet the assistance unit’s CalWORKs minimum standards, unless he or she meets a condition that makes a month not count toward his or her WelfaretoWork 24-Month Time Clock in accordance to Section 42708.3.

.54 Assistance Units with Three or More Adults

.541 In two-parent assistance units that also include an additional adult or adults, months will count toward the Welfare-to-Work 24-Month Time Clock of the one or two adults contributing hours to meet CalWORKs minimum standards.

.542 Additional adults who are not contributing hours will be excused from participation in accordance with Section 42–708.326.

.543 An exempt or excused parent’s voluntary participation may, in combination with the participation of one other adult, contribute toward meeting CalWORKs federal standards.

Page 224.7

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.544 Any month that the assistance unit’s total participation is such that it meets CalWORKs federal standards will not count toward any adult’s WelfaretoWork 24-Month Time Clock.

.6 Noticing Requirements for the Welfare-to-Work 24-Month Time Clock

.61 CWDs are required to provide participants with a written notice informing them of the status of their Welfare-to-Work 24-Month Time Clocks at the following intervals:

.611 At the time an individual applies for cash aid.

.612 At the participant’s annual redetermination for cash aid.

.613 At least once between months 18 and 21, inclusive, on a participant’s Welfare-to-Work 24-Month Time Clock.

.614 At the time the participant has exhausted his or her Welfare-to-Work 24-Month Time Clock.

.62 The notice specified in Section 42-708.61 shall include all of the following:

.621 The number of months remaining on the participant’s Welfare-to-Work 24Month Time Clock.

.622 The participation requirements for individuals who have exhausted their Welfare-to-Work 24-Month Clock and that failure to meet those participation requirements may result in the noncompliant adult being removed from the assistance unit.

.623 How a participant may dispute the number of months counted toward his or her Welfare-to-Work 24-Month Time Clock.

.624 Information on how the participant may modify his or her welfare-to-work plan to meet CalWORKs federal standards under Section 42-709.

.625 Information on and how to apply for an exemption from welfare-to-work participation and an extension to the Welfare-to-Work 24-Month Time Clock.

.63 Noticing related to changes in participation.

Page 224.8

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.631 Except for individuals described in Section 42-708.252, when verification indicates an individual who has not exhausted his or her Welfare-to-Work 24Month Time Clock and whose welfare-to-work plan is designed to meet CalWORKs federal standards in accordance with Section 42-711.63 has not met those standards, the CWD shall inform the individual of the following as soon as administratively feasible:

(a) That months will count toward the individual’s Welfare-to-Work 24Month Time Clock beginning the month following the date that the CWD verified that the individual was not meeting CalWORKs federal standards.

.7 Welfare-to-Work 24-Month Time Clock Extensions

.71 CWD Extension Estimates

.711 The Department shall provide each CWD with an estimate of the number of WelfaretoWork 24-Month Time Clock extensions available to the CWD in accordance with this section.

.712 The estimated number of extensions for each CWD shall be equal to 20 percent of the assistance units in that CWD in which all adult members of the assistance unit have exhausted their Welfare-to-Work 24-Month Time Clock and at least one adult remains eligible for aid under the CalWORKs 48-month time limit.

.713 The Department shall estimate the number of assistance units that will meet the criteria provided in Section 42.708.712 in each CWD for each six-month period commencing January 1, 2015, and shall transmit the estimated number of extensions available to each CWD in a manner determined by the Department.

.714 If the number of estimated extensions available for the current six-month period is lower than the prior six-month period and the CWD has already exceeded the new estimate, the CWD shall not rescind extensions already granted to accommodate the lower figure.

.715 Each CWD shall report information regarding the number and percentage of extensions granted.

.716 If a CWD grants more extensions than the number that was estimated by the Department in accordance with Section 42-708.713, the Department may request the CWD to provide additional information including the actual number of assistance units to exhaust the Welfare-to-Work 24-Month Time Clock during that six-month period and factors that contributed to the actual number of extensions granted.

Page 224.9

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(a) Upon receipt of the information requested in accordance with Section 42708.716, the Department may request the CWD to submit a plan to bring the CWD into compliance with the number of extensions available.

.72 Requesting Extensions

.721 An individual who has exhausted his or her Welfare-to-Work 24-Month Time Clock who still has time remaining on the CalWORKs 48-month time limit and is unlikely to meet CalWORKs federal standards may request an extension to the Welfare-to-Work 24Month Time Clock.

(a) The individual may present evidence to the CWD that he or she meets any of the following circumstances:

(1) The individual is likely to obtain employment within six months.

(2) The individual has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.

HANDBOOK BEGINS HERE

(A) Example 1: An individual qualified in forklift operation that is applying for a position at a manufacturing warehouse that will be opening soon or at a new construction project may be considered as likely to obtain employment within six months.

(B) Example 2: Unique labor market barriers temporarily preventing employment may include situations where a primary employer in the local area has closed or moved, such as a factory that has recently shut down operation or relocated out of the area. This would create a significant labor force disruption, particularly in the situation where the industry field of the primary employer required a specialized skill set that may not be easily transferable to a different industry field.

(C) Example 3: Unique labor market barriers temporarily preventing employment may also include local or regional natural disasters, such as a drought or freeze, which impact local labor markets in a way that temporarily causes a disruption to the labor force.

HANDBOOK ENDS HERE

Page 224.10

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(3) The individual has achieved satisfactory progress in an education or treatment program, which may include adult basic education, such as a high school education or its equivalent, vocational education, or a SIP under Section 42-711.54, that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of the individual's employment. For purposes of this paragraph, a high school education or its equivalent is presumed to meaningfully increase the likelihood of employment.

(4) The individual needs an additional period of time to complete a welfaretowork activity specified in his or her welfare-to-work plan under Section 42-711.6, due to a diagnosed learning or other disability, which would meaningfully increase the likelihood of his or her employment.

(5) The individual has submitted an application to receive Supplemental Security Income disability benefits, and a hearing date has been established.

(6) The individual is a member of a two-parent assistance unit and the other parent has yet to exhaust his or her Welfare-to-Work 24Month Time Clock.

(A) Such an individual may request an extension to the WelfaretoWork 24-Month Time Clock on the condition that both parents’ combined participation will meet CalWORKs minimum standards in accordance with Section 42-711.41.

(B) An extension granted under this paragraph is subject to Section 42708.73 and is limited to the duration of the second parent’s Welfare-to-Work 24-Month Time Clock.

(7) The individual obtained a high school diploma or its equivalent while meeting CalWORKs minimum standards participating in activities described in Section 42-716.1, and needs additional time to complete an educational program or other activity described in Section 42-716.1 which would meaningfully increase the likelihood of employment.

Page 224.11

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.73 Extension Determinations and Duration

.731 Prior to determining whether an individual meets Welfare-to-Work 24-Month Time Clock extension criteria under Section 42-708.721(a), the CWD must review the individual’s case to ensure an accurate accounting of the WelfaretoWork 24-Month Time Clock in accordance with Section 42-708.

.732 Except for an extension to the Welfare-to-Work 24-Month Time Clock requested in accordance with Section 42-708.721(a)(5), a CWD shall grant an extension to the Welfare-to-Work 24-Month Time Clock to an individual who presents evidence that he or she meets any of the extension criteria under Section 42-708.721(a), unless the CWD determines that the evidence presented does not support the existence of the circumstances described in Section 42708.721(a).

Page 224.11a

This page is intentionally left blank

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(a) An extension to the Welfare-to-Work 24-Month Time Clock in accordance with Section 42-708.721(a)(5) shall be granted if the individual provides the CWD with evidence that a hearing date has been established.

.733 Except for an extension to the Welfare-to-Work 24-Month Time Clock requested in accordance with Section 42-708.721(a)(5), at any state hearing in which an individual disputes a CWD’s denial of a Welfare-to-Work 24-Month Time Clock extension in accordance with Sections 42-708.721(a)(1) through (4), and (6), the CWD shall have the burden of proof to establish that an extension was not justified.

.734 If a CWD identifies that an individual meets a circumstance described in Section 42708.721 as a result of information already available to the CWD, including the client’s welfare-to-work plan and verification of participation, the CWD may grant a Welfare-to-Work 24-Month Time Clock extension to the individual without requiring additional information or a formal request for an extension from the individual.

.735 A Welfare-to-Work 24-Month Time Clock extension granted in accordance with Sections 42-708.732 through .734 shall be granted for an initial period of up to six months and shall be reevaluated by the CWD at least every six months.

.8 Transitioning Individuals to Meet CalWORKs Federal Standards at the End of the WelfaretoWork 24Month Time Clock

.81 The CWD shall conduct a review with an individual who is approaching the end of his or her Welfare-to-Work 24-Month Time Clock to determine the individual’s welfare-to-work participation status prior to the expiration of the individual’s Welfare-to-Work 24-Month Time Clock.

.811 This review of an individual’s welfare-to-work participation status must include the following:

(a) Determination of the number of months counted toward an individual’s Welfareto-Work 24-Month Time Clock in accordance with Sections 42.708.2 and 42.708.3.

(b) Review of any welfare-to-work exemption the individual may qualify for in accordance with Section 42-712.

(c) Review of any Welfare-to-Work 24-Month Time Clock extension the individual may qualify for in accordance with Section 42.708.72.

Page 224.12

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(d) Review of the individual’s welfare-to-work plan to determine if additional hours or activities will be needed in order for the individual to meet CalWORKs federal standards upon the exhaustion of his or her Welfare-to-Work 24-Month Time Clock.

NOTE: Authority Cited: Sections 10553, 10554, 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, 10604, 11253.3, 11320, 11320.3, 11322.8, 11322.85, 11322.86, 11322.87, 11454, 11454.2, and 11454.5, Welfare and Institutions Code; 45 CFR 260, and 42 U.S.C. 607(c) and (d).