42-711 WELFARE-TO-WORK PARTICIPATION REQUIREMENTS

(a) A general description of education, employment, training opportunities, and the supportive services available, including transitional benefits.

(b) A general description of the Welfare-to-Work 24Month Time Clock described in Section 42-708, including the following:

(1) Activities individuals can participate in during the 24-month period, pursuant to Section 42-716.1.

(2) Conditions that make months not count toward the 24-month period, pursuant to Section 42-708.3.

(3) Activities that individuals shall participate in after they have exhausted the 24-month period in order for adults to remain eligible for cash aid pursuant to Section 42-711.7.

(c) A description of the exemptions from required welfare-to-work participation provided in Section 42-712 and the consequences of a failure or refusal to participate in program components if not exempt, pursuant to Section 42-721.3.

.12 At the time an individual is required to participate in welfare-to-work activities, he or she will receive a written preliminary determination, if applicable, that he or she is a member of a targeted group for purposes of any federal or state employer tax credit that may be operative.

.2 Cal-Learn Exclusion

.21 The provisions of Section 42-711 shall not apply to individuals who are required to participate in, participating in, or exempt from, the Cal-Learn Program, as described in Sections 42-762 through 42-769.

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

.31 A 19-year-old custodial parent who has no high school diploma or equivalent and is not participating in Cal-Learn is required to participate in welfare-to-work activities only to earn a high school diploma or its equivalent.

vv

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.311 The CWD may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a 19-year-old custodial parent:

(a) On the basis of an evaluation, pursuant to Section 42-711.58, which indicates that, because of a learning disability or medical problem, the individual is unable to successfully complete or benefit from these educational activities; or

(b) If at appraisal, the parent is already in an educational or vocational program that is approvable as a SIP in accordance with Section 42-711.541.

.32 A 19-year-old custodial parent who has a high school diploma or equivalent is required to participate in welfare-to-work activities and is subject to all program requirements.

.4 Hours of Participation

.41 Requirements to meet CalWORKs minimum standards for adults who have months remaining on their Welfare-to-Work 24-Month Time Clocks, as described in Section 42-708.

.411 Adult in One-Parent Assistance Unit that does not include an optional stepparent, as defined in Section 42-701.2(o)(3).

(a) Unless exempt from participation, an adult recipient in a one-parent assistance unit shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month.

(b) Unless exempt from participation, an adult recipient in a one-parent assistance unit shall participate in welfare-to-work activities, described in Section 42-716.1, for a an average of at least 20 hours per week during the month if one of the following conditions are met:.

(1) There is a child under six in the assistance unit.

(2) There is a child under six in the home who is not in the assistance unit but the adult recipient exercises responsibility for the daytoday care and control of that child.

.412 Adult(s) in Two-Parent Assistance Unit, as defined in Section 42-701.2(t)(1), that does not include an optional stepparent, as defined in Section 42701.2(o)(3).

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(a) Unless exempt from participation, an adult recipient in a two-parent assistance unit whose basis for aid is unemployment shall participate in welfare-to-work activities, as defined in Section 42-716.1, for an average of at least 35 hours per week during the month.

(1) Both parents in a two-parent assistance unit may contribute toward the 35-hour requirement

(b) Unless exempt from participation, an adult recipient in a two-parent assistance unit where there is a second adult in the home who is exempt from welfare-to-work due to a disability shall participate in welfaretowork activities for an average of at least 30 hours per week during the month.

(1) Unless also exempt from participation, the adult recipient may participate in welfare-to-work activities, described in Section 42716.1, for an average of at least 20 hours per week during the month if one of the following conditions are met:

(A) There is a child under six in the assistance unit.

(B) There is a child under six in the home who is not in the assistance unit but the adult recipient exercises responsibility for the day-to-day care and control of that child.

(c) To be eligible for federally-funded CalWORKs child care, both parents shall participate to meet the family's minimum participation requirement of an average of at least 55 hours per week in welfare-to-work activities.

(1) The 55-hour requirement does not apply to the family if an adult in the family is disabled, caring for a severely disabled child, or if nonfederal funds are used for child care.

.413 Assistance Units that Include Optional Stepparents as defined in Section 42701.2(o)(3).

(a) An assistance unit that has no natural or adoptive parent

(1) Unless otherwise exempt from participation, the optional stepparent shall participate in welfare-to-work activities, as described in Section 42-716.1, for an average of at least 30 hours per week during the month when there is no child under six.

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(2) Unless otherwise exempt from participation, the optional stepparent may participate in welfare-to-work activities, as described in Section 42-716.1, for an average of at least 20 hours per week during the month if one of the following conditions are met:

(A) There is a child under six in the assistance unit.

(B) There is a child under six in the home who is not in the assistance unit but the adult recipient exercises responsibility for the day-to-day care and control of that child.

(b) An assistance unit that has only one natural or adoptive parent

(1) At the option of the assistance unit, either the natural or adoptive parent or the optional stepparent shall participate in welfaretowork activities, as described in Section 42-716.1, for an average of at least 30 hours per week during the month.

(2) The natural or adoptive parent or the optional stepparent may participate in welfare-to-work activities, as described in Section 42-716.1, for an average of at least 20 hours per week during the month if one of the following conditions are met:

(A) There is a child under six in the assistance unit.

(B) There is a child under six in the home who is not in the assistance unit but the adult recipient exercises responsibility for the day-to-day care and control of that child.

(3) Only one adult in the assistance unit can fulfill the minimum average 20- or 30-hour per week requirement.

(4) If one adult in the assistance unit is exempt from participation, the other adult must fulfill the minimum average 20- or 30-hour per week requirement.

(c) An assistance unit that has two natural or adoptive parents

(1) At the option of the assistance unit, one adult alone or in combination with the participation of another adult shall participate in welfare-to-work activities, as described in Section 42-716.1, for an average of at least 35 hours per week during the month.

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(2) Only two adults in the assistance unit can fulfill the minimum average 35-hour per week requirement.

(3) If an adult in the assistance unit is exempt from participation, the other adult or adults must fulfill the minimum average 35-hour per week requirement.

.414 Adult in Pregnant Person Only Assistance Unit, as defined in Section 42-701.2(p)(3).

(a) Unless exempt from participation, an adult recipient in a pregnant person only assistance unit shall participate in welfare-to-work activities, described in Section 42-716.1, for an average of at least 20 hours per week per month.

.42 Hours of participation for recipients who choose to meet CalWORKs federal standards and have months not count toward their Welfare-to-Work 24-Month Time Clocks, pursuant to Section 42708, and recipients who have exhausted their 24month time clocks are specified in Section 42-709.2.

.43 The required average number of participation hours per week in the month for each assistance unit, as described in Section 42-711.4, is determined by dividing the recipient’s total number of participation hours for the month in all activities, described in Section 42-716.1, by 4.33.

.44 Deeming Hours for Participation in Approved Career Pathways under the Workforce Innovation and Opportunity Act

.441 When a recipient participates in an Approved Career Pathway and is making satisfactory progress, the participation is deemed to meet the average weekly hour requirement for CalWORKs minimum standards as described in Section 42-711.4.

HANDBOOK BEGINS HERE

(a) The federal Workforce Innovation and Opportunity Act provides opportunities for employment, education, training, and supportive services for individuals to succeed in the labor market.

HANDBOOK ENDS HERE

(b) An Approved Career Pathway is a welfare-to-work activity or activities that result in industry recognized credentials and/or employment in occupations recognized as high demand by local workforce development boards.

.442 Participation and satisfactory progress in an Approved Career Pathway meets the hourly requirements for CalWORKs minimum standards even if the average weekly hours are fewer than the 20-, 30-, or 35-hour requirement as described in Section 42711.4.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(a) Months of participation in an Approved Career Pathway count towards the participant's Welfare-to-Work 24-Month Time Clock as described in Section 42-708.2 unless the participation meets the requirements for CalWORKs federal standards as described in Section 42-711.444(a) or the participant meets another condition as described in Section 42-708.3 that makes a month not count toward the Welfare to-Work 24-Month Time Clock.

.443 CWDs shall consult with local workforce development boards to determine if a recipient’s participation in welfare-to-work activities meets the requirements for an Approved Career Pathway.

(a) Welfare-to-work activities that may meet the requirements of an Approved Career Pathway include but are not limited to subsidized employment, vocational education training, job skills training directly related to employment, and education directly related to employment.

(b) Satisfactory progress in an Approved Career Pathway is determined by the CWD.

.444 Participation in an Approved Career Pathway cannot be deemed to meet the hourly requirements for CalWORKs federal standards as described in Section 42-709.

(a) Participation in an Approved Career Pathway can meet the requirements of CalWORKs federal standards if the activity or activities fulfill the hourly requirements described in Section 42-709.2 and the core and non-core requirements as described in Section 42-709.3.

.5 Assignment of Recipients to Welfare-to-Work Activities

.51 After aid has been granted, recipients who are not exempt in accordance with Section 42-712, shall participate in welfare-to-work activities in the following sequence.

HANDBOOK BEGINS HERE

.511 Division 21, which includes provisions regarding nondiscrimination and the communication needs of limited English-proficient clients, applies to welfare-to-work activities and services.

HANDBOOK ENDS HERE

.512 A county shall provide welfare-to-work activities and services to a reunification parent, including a sanctioned individual, pursuant to the temporary absence/family reunification provisions of Section 82-812.67, and the county child welfare services agency determines that such services are necessary for family reunification.

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.513 If an individual returns to the Welfare-to-Work Program after not receiving aid for six months, he or she shall be treated as a new participant for the purposes of this section, including qualifications for a SIP as described in Section 42 711.541(a).

(a) Section 42-711.513 does not apply to an individual who is removed from the assistance unit due to sanction as described in Section 42-721.4, has his or her needs removed from the assistance unit's grant due to penalty as described in Section 40-105, or was ineligible to receive CalWORKs as described in Section 20-353.

.52 Appraisal

.521 Recipients are required to participate in the appraisal specified in Section 42-711.522. At the option of the CWD, applicants may voluntarily participate.

.522 Prior to the appraisal, the CWD shall provide orientation that informs the individual in writing of the following:

(a) The requirement to participate in available welfare-to-work activities up to the time limit specified in Section 42-302.11 and for the required number of participation hours pursuant to Sections 42-711.41 and 42-711.7.

(b) A general description of the welfare-to-work program, including available activity components and supportive services, including child care that is available under Section 42-750.11.

(1) Information regarding child care shall include the following:

(A) For an individual to receive child care, he or she must request and be determined eligible for the services:

(B) Payments for child care services cannot be made for care provided more than 30 calendar days prior to the applicant's or recipient's request for child care, pursuant to Section 47430.2; and

(C) The individual is responsible for any child care services received prior to the 30-calendar-day period in Section 42711.522(b)(1)(B).

(2) Information regarding the welfare-to-work program shall include a description of the Welfare-to-Work 24-Month Clock described in Section 42-708.11 and the requirement to meet CalWORKs Federal Standards after 24 months in accordance with Section 42 709.13.

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(c) A general description of the rights, duties, and responsibilities of the participants, including the following:

(1) A list of the exemptions from the required participation pursuant to Section 42-712;

(2) The consequences of a failure or refusal to take part in the program activity(ies), pursuant to Section 42-721, and the criteria for successful completion of the program;

(3) A description of good cause criteria for noncooperation, pursuant to Sections 42-713 and 42-721.3;

(4) The right to request a state hearing or file a formal grievance, pursuant to Section 42-721.5;

(5) The right to a third-party assessment, pursuant to Section 42-711.556.

(d) A statement that the participant has the following grace periods:

(1) Three (3) working days after the completion of the welfare-to-work plan or subsequent amendments to the plan to evaluate, and request changes to, the terms of the plan, pursuant to Section 42-711.646.

(2) Thirty (30) days from the beginning of the initial training or education assignment activity to request a change or reassignment to another activity, pursuant to Section 42-711.647.

(e) School attendance requirements for children in the assistance unit.

.523 During the appraisal, the individual shall provide relevant information the CWD requires in order to assign welfare-to-work activities appropriately, which may include, but is not limited to, information relating to all of the following:

(a) Employment history, interests, and skills;

(b) Educational history, interests, and skills;

(c) Learning disabilities as described in Section 42-711.58;

(d) Housing status and stability;

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(e) Language barriers;

(f) Physical and behavioral health, including, but not limited to, mental health and substance abuse issues;

(g) Child health and well-being;

(h) Criminal background that may present a barrier to employment or housing stability;

(i) Past or present domestic abuse issues, as described in Section 42-715;

(k) Any other information that may affect an individual's ability to participate in work activities.

.524 If the CWD denies an individual's request to continue in a SIP, pursuant to Sections 42-711.541 and/or .542, the CWD shall notify the participant in writing that the SIP was denied, the reason(s) for the denial, and the right to appeal the denial.

.525 All appraisals shall be conducted using a statewide standard appraisal tool provided by the Department.

(a) If information from the appraisal indicates that the individual may qualify for a welfare-to-work exemption as described in Section 42-712, or Family Stabilization as described in Section 42-749, the CWD shall evaluate the individual before requiring further participation.

(b) At any time during the appraisal process a recipient may be identified as needing domestic abuse services and/or a waiver of program requirements. This need for services and/or a waiver of program requirements shall be evaluated and services provided pursuant to Section 42-715.2.

(c) An individual participating in an appraisal shall not be subject to the provisions of Section 42-721 for failure or refusal to answer individual questions during the appraisal interview detailed in Section 42-711.523.

.53 Initial Engagement Activities

.531 Determination of Initial Engagement Activity

(a) Unless the CWD determines that another initial engagement activity is appropriate all recipients shall participate in job search pursuant to Section 42711.534.

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(b) If the individual is evaluated and granted Family Stabilization in accordance with Section 42-711.525(a), he or she may participate in Family Stabilization as the initial engagement activity.

(c) If the CWD determines that substance abuse services as described in Section 42711.57, mental health services described in Section 42 711.56, or domestic abuse services described in Section 42-715 are appropriate for an individual, he or she shall participate in those services as the initial engagement activity.

.532 Concurrent Initial Engagement Activities

(a) Initial engagement activities may be assigned in sequence or concurrently within a period of four consecutive weeks and throughout any extension approved by the CWD in accordance with Section 42-711.534(d) or .536(a)(1).

.533 Immediate Referral to Assessment

(a) If the CWD determines that job search will not be beneficial and that the individual is not in need of other initial engagement activities in accordance with subdivisions (b) and (c) of Section 42-711.531, he or she shall immediately be referred to assessment and is not required to complete an initial engagement activity.

(b) If the CWD determines that the individual would benefit from education or training activities in place of initial engagement activities, he or she shall immediately be referred to assessment and shall not complete an initial engagement activity.

(c) If the individual has not earned a high school diploma or equivalent, they shall be immediately assigned to an education program to do so. The individual shall be referred to assessment if the hours necessary to earn a high school diploma or equivalent are insufficient to fulfill the client's weekly hourly requirements as described in Section 42 711.4.

(d) If a participant subject to section 42-711.533(c) does not wish to participate in an education program to earn a high school diploma or equivalent, they shall continue to participate in initial engagement activities and the development of a welfare-to-work plan. This decision by the participant shall be documented in writing in the welfare to work plan.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.534 Job Search

(a) Except as provided in Sections 42-711.531 and .533, recipients are required to participate in job search activities. At the option of the CWD, applicants may voluntarily participate. Exceptions to the requirement that all recipients must participate in job search activities are as follows:

(1) Participation in job search shall not be required if the job search schedule will interfere with unsubsidized employment or participation in an approved SIP as specified in Section 42-711.54.

(2) The individual is required to participate in, is participating in, or is exempt from Cal-Learn or is 19 years old and has not yet earned a high school diploma or equivalent certificate.

(3) A noncitizen who is a victim of human trafficking, domestic violence or other serious crimes as specified in Section 42-431.23 who does not have authorization to work from the United States Citizenship and Immigration Services shall not be required to participate in job search.

(A) Upon earning a high school diploma or its equivalent, the above individuals shall not be required, but may be permitted, to participate in job search activities as their first program assignments following an appraisal.

(b) Upon completion of the appraisal specified in Section 42-711.52, all participants required to participate in job search as their initial engagement activity shall be assigned to participate for a period of up to four consecutive weeks in job search activities.

(1) Job search activities may include use of job clubs to identify the participant's qualifications.

(2) The CWD shall consider the skills and interests of participants in developing a job search strategy.

(c) The period of job search activities may be shortened under the following circumstances:

(1) The participant and the CWD agree that further job search activities would not be beneficial; or,

(2) The CWD determines that the recipient will not benefit because he or she may suffer from an emotional or mental disability that will limit or preclude the recipient's participation in welfare-to-work activities.

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(d) Job search activities may be required in excess of four weeks if the CWD determines that the recipient's performance during job search indicates that extending the job search period is likely to result in unsubsidized employment.

(e) Individuals shall continue to seek employment throughout their participation in welfare-to-work activities.

.535 Family Stabilization as an Initial Engagement Activity

(a) A recipient who is granted Family Stabilization in accordance with Section 42749 may participate in the Family Stabilization as his or her initial engagement activity.

(b) At the conclusion of Family Stabilization, the recipient shall be referred to assessment.

(1) A recipient who has completed assessment prior to the conclusion of Family Stabilization shall not be referred to assessment, unless the CWD determines an updated assessment is necessary to develop a welfare-to-work plan.

.536 Mental Health, Substance Abuse, or Domestic Abuse Services as an Initial Engagement Activity

(a) A recipient may be assigned to substance abuse services as described in Section 42-711.57, mental health services as described in Section 42 711.56, or domestic abuse services as described in Section 42-715, as appropriate, for a period of four consecutive weeks.

(1) This four-week period may be extended if the CWD determines that additional services are necessary in order to complete assessment and the welfare-to-work plan development process.

(b) If, at appraisal, the CWD determines that mental health, substance abuse, or domestic abuse services as an initial engagement activity may be necessary in excess of four consecutive weeks, the CWD shall concurrently refer the individual to assessment and any assignment to additional services shall be part of a welfare-to-work plan as described in Section 42-711.6.

(c) Domestic abuse services as an initial engagement activity shall be assigned in accordance with Section 42-715.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.54 Self-Initiated Programs (SIPs)

.541 Except as provided by Section 42-711.542, any recipient who is required to participate in welfare-to-work activities in accordance with Section 42-712.1, may continue in an undergraduate degree or certificate program that leads to employment in accordance with Section 42-716.11, if:

(a) He or she is enrolled, as defined in Section 42-711.549, as of the earlier of:

(1) The date he or she is appraised, or

(2) The date he or she would have been appraised if he or she had not failed, without good cause, to appear for the appraisal appointment;

(b) He or she is making satisfactory progress in that program;

(c) The CWD determines that continuing in the program is likely to lead to self-supporting employment for that recipient; and

(d) The welfare-to-work plan reflects that determination.

.542 Any individual who possesses a baccalaureate degree will not be eligible to participate in a SIP unless the individual is pursuing a California regular classroom teaching credential in a college or university with an approved teacher credential preparation program.

.543 A program will be determined to lead to employment if it is on a list of programs that the CWD and local education agencies or providers agree lead to employment.

(a) The list must be agreed to annually, with the first list completed no later than January 31, 1998.

(1) By January 1, 2000, all educational providers must report data regarding programs on the list for the purposes of the report card established under Section 15037.1 of the Unemployment Insurance Code for the programs to remain on the list.

(b) For recipients whose program is not on the list, the CWD shall determine if the program leads to employment.

(1) The recipient shall be allowed to continue in the program up to the time period specified in Section 42-716.11, if the recipient demonstrates to the CWD that the program will lead to self-supporting employment for that recipient and the documentation is included in the welfare-to-work plan.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(A) The CWD shall inform the recipient in writing of the process by which the recipient may demonstrate that a program not on the list of approved SIPs will lead to self-supporting employment.

(c) Any recipient in any degree, certificate, or vocational program offered by a private postsecondary training provider will not be approved in a self-initiated training or education program unless the program is either approved or exempted by the appropriate state regulatory agency and the program is in compliance with all other provisions of the law.

HANDBOOK BEGINS HERE

(1) Degree, certificate, or vocational programs offered by private postsecondary schools are either: approved or exempted by the Department of Consumer Affairs, Bureau for Private Postsecondary and Vocational Education or accredited by the Western Association of Schools and Colleges.

HANDBOOK ENDS HERE

.544 If participation in a SIP, as determined by the number of hours required for classroom, laboratory, homework time, or internship activities, is not at least the number specified in paragraph (a) or (b), the CWD shall require concurrent participation in work activities, pursuant to Sections 42-716.1(a) through (j) inclusive and in accordance with Section 42-711.5, to reach the hourly requirement.

(a) Except as provided in paragraph (b), the individual shall participate for at least an average of 30 hours per week during the month.

(b) The individual may participate for an average of at least 20 hours per week during the month if one of the following conditions are met:

(1) There is a child under six in the assistance unit.

(2) There is a child under six in the home who is not in the assistance unit but the adult recipient exercises responsibility for the daytoday control of that child.

(c) Hours assigned to homework time shall be limited as described in Section 42-716.6.

.545 Participation in the self-initiated education or vocational training program must be reflected in the required welfare-to-work plan.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(a) The welfare-to-work plan shall provide that whenever an individual ceases to participate in, refuses to attend regularly, or does not maintain satisfactory progress in the SIP, the individual shall participate in the welfare-to-work activities in accordance with Section 42-711.5.

(b) An individual participating in a SIP can voluntarily choose to end his or her SIP at any time before the program is completed. If the individual indicates an interest in ending the SIP, the county should discuss what other welfare-to-work plan options the individual may have, including whether an assessment would be necessary. When necessary, an assessment pursuant to Section 42-711.55 must be conducted prior to the individual choosing to end his or her SIP in order for the individual to make an informed decision about the activities that would replace the SIP hours in his or her welfare-to-work plan. This discussion must be documented in the individual’s case file.

.546 Any person whose previously approved SIP is interrupted for reasons that meet the good cause criteria in Section 42-713.2 may resume participation in the same program if the participant maintained good standing in the program while participating and the SIP continues to meet the approval criteria.

(a) Repealed by Manual Letter No. EAS-06-01, effective 4/3/06.

.547 Any recipient may continue until the beginning of the next educational semester or quarter break in his or her educational program that does not meet the criteria of Section 42-711.541, if:

(a) He or she is enrolled, as defined in Section 42-711.549, as of the earlier of:

(1) The date he or she is appraised, or

(2) The date he or she would have been appraised if he or she had not failed, without good cause, to appear for the appraisal appointment:

(b) He or she is making satisfactory progress in, the educational program;

(c) He or she continues to make satisfactory progress in the program.

.548 At the time the educational break occurs as provided in Section 42-711.547, the individual is required to participate in welfare-to-work activities pursuant to Section 42-711.51.

(a) A recipient, described under Section 42-711.547, who is not expected to complete the program by the next break, may continue his or her education provided:

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(1) He or she transfers at the end of the current quarter or semester to a program that qualifies under Section 42-711.541;

(2) The CWD determines that participation is likely to lead to self-supporting employment of the recipient; and

(3) The welfare-to-work plan reflects that determination.

.549 For purposes of Sections 42-711.541 and .547, enrolled means that an individual has applied for and been accepted into the degree or certificate program, and continues to meet or fulfill all conditions, imposed by the institution offering the program, to maintain current enrollment status.

.55 Assessment

.551 Participants, except those excluded as provided in Sections 42-711.31, 42-711.557, and 42-711.558 and Section 42-719.111, shall be referred to assessment, if:

(a) They do not obtain unsubsidized employment with sufficient hours to meet the minimum hours of participation required under Sections 42-711.4;

(b) The CWD determines that participation in initial engagement activities will be shortened or bypassed because they are not likely to lead to employment or are otherwise not beneficial;

(c) The CWD determines that participation in mental health, substance abuse, or domestic abuse services as initial engagement activities are required in excess of four consecutive weeks;

(d) The CWD determines that the individual would benefit from additional education or training prior to participation in other activities, or;

(e) The CWD determines that participation in initial engagement activities will not be required if the recipient is a noncitizen victim of human trafficking, domestic violence or other serious crimes as specified in Section 42-431.23 and he or she does not have authorization to work from the United States Citizenship and Immigration Services.

A recipient who does not have authorization to work should be assigned to welfare-to-work activities that will assist him or her to prepare for future employment, which may include, but is not limited to, adult basic education (English language training), vocational education and training, domestic violence, mental health, and substance abuse services.

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(f) The participant was assigned to a program to earn a high school diploma or equivalent as described in Section 42 711.533(c).

.552 Participants who are employed in unsubsidized employment with sufficient hours to meet the minimum hours of participation required under Sections 42-709.2 or 42-711.4, shall be referred to assessment if they wish to participate in additional welfare-to-work activities listed in Section 42-716.1. If they do not wish to participate in additional welfare-to-work activities, they may opt out of an assessment.

(a) These individuals shall be informed that they will be required to sign a welfare-to-work plan.

(b) They shall also be informed that if they do not go to assessment the welfare-to-work plan shall provide only for unsubsidized employment and necessary supportive services.

(c) If at any time an individual who opted out of assessment does not meet his or her minimum hours of participation as assigned according to the welfare-to-work plan developed in accordance with Section 42-711.632, he or she shall be referred to assessment.

.553 Upon referral to assessment, a participant shall work with the CWD to develop and agree on a welfare-to-work plan, on the basis of the assessment of the individual's skills and needs. The plan shall specify the activities to which the participant will be assigned and the supportive services to be provided.

.554 The assessment shall include at least all of the following:

(a) The participant's work history and an inventory of his or her employment skills, knowledge, and abilities.

(b) The participant's educational history and present educational competency level.

(c) The participant's needs including the need for supportive services in order to obtain the greatest benefit from the employment and training services offered under CalWORKs.

(d) An evaluation of the chances for employment given the current skills of the participant and the local labor market conditions.

(e) Local labor market information.

(f) Physical limitations or mental conditions that limit the participant's ability for employment or participation in welfare-to-work activities.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(g) Identification of available resources to complete the welfare-to-work plan.

(h) Other information gathered during the participant's appraisal.

(i) Other information gathered during participation in Family Stabilization.

.555 The CWD may contract with outside parties, including local educational agencies and service delivery areas, to provide the assessment.

.556 If the participant disagrees with the results of the assessment, the matter shall be referred by the CWD for an independent assessment by an impartial third party.

(a) The results of this assessment, which shall be binding upon the county and the participant, shall be used to develop the appropriate plan for the participant.

(1) No state hearing shall be granted regarding an assessment used to develop a welfare-to-work plan until an independent third-party assessment has been performed.

(b) No third party assessment shall be made by a party having any financial or other interest in the result of the assessment. The party making the assessment must be selected by the county according to an unbiased procedure.

.557 An assessment, described in Section 42-711.55, shall not be required to develop a welfare-to-work plan for participants in approved SIPs unless the CWD determines that an assessment is necessary to assign the participant to concurrent activities to meet the minimum hourly participation requirement specified in Section 42-711.544.

.558 An assessment, as described in Section 42-711.55, shall not be required for those welfare-to-work activities and services that are only provided as a component of a reunification plan as defined in Section 80-301(r)(5), subject to the temporary absence/family reunification provisions of Section 82-812.68.

(a) An assessment and a welfare-to-work plan as described in Sections 42-711.55 and .6 respectively, are necessary for any welfare-to-work activities and services that are provided separate and beyond those welfare-to-work activities and services that are specified in a reunification plan.

.559 Participants subject to section 42-711.533(c) and required to attend assessment for additional activities may begin participating in their education program prior to attending assessment or signing a welfare-to-work plan.

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.56 Mental Health Assessment

If there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, he or she shall be referred to the county mental health department.

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.561 Subject to appropriations in the Budget Act, the county mental health department shall evaluate the recipient and determine any treatment needs.

.562 The evaluation shall include:

(a) The extent to which the individual is capable of employment at the present time and under what working and treatment conditions the individual is capable of employment.

(b) Prior diagnoses, assessments, or evaluations that the recipient provides.

.563 Each CWD shall develop individual welfare-to-work plans for participants with mental or emotional disorders based on the evaluation conducted by the county mental health department.

(a) The recipient's welfare-to-work plan shall include appropriate employment accommodations or restrictions, supportive services, and treatment requirements. (See Section 42-716.5, mental health treatment services.)

(b) Any prior diagnosis, evaluation, or assessment provided by the recipient shall be considered in the development of his or her welfare-to-work plan.

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.57 Substance Abuse Assessment

If there is a concern that a substance abuse problem exists that will impair the ability of a recipient to obtain or retain employment, he or she shall be referred to the county alcohol and drug program for an evaluation and determination of any treatment necessary for the participant's transition from welfare to work. If the CWD determines that the county alcohol and drug program is unable to provide the needed services, the county department may contract directly with a nonprofit state-licensed narcotic treatment program, residential facility, or certified nonresidential substance abuse program to obtain substance abuse services for a participant.

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.571 If a participant is determined to have a substance abuse problem, based on an evaluation by the county alcohol and drug program or a state-licensed or certified nonprofit agency, the case manager shall develop the participant's welfare-to-work plan based on the results of that evaluation. In such a case, the participant's welfare-to-work plan may include appropriate treatment requirements, including assignment to a substance abuse program.

.58 Evaluation

A participant with a suspected learning or medical problem, as determined by information received during appraisal or assessment or by lack of satisfactory progress in an assigned activity component, shall be referred to an evaluation. This evaluation shall be performed by a professional whose training qualifies them to determine whether the participant is unable to successfully complete or benefit from a current or proposed activity assignment. As part of the evaluation, the CWD may require the participant to undergo the appropriate examinations to obtain information regarding the participant's learning and physical abilities.

.581 Based upon the results of the evaluation, the CWD may refer the participant, as appropriate, to any of the following:

(a) Any of the welfare-to-work activities described in Section 42-716.1 including referrals to the participant's previous activities.

(b) Existing special programs that meet specific needs of the participant.

(c) Job search services if the CWD determines the participant has the skills needed to find a job in the local labor market.

(d) Assessment in accordance with Section 42-711.55.

(e) Rehabilitation assessment and subsequent training.

.582 The participant shall be involved in the decisions made during the evaluation and will have the same right to appeal through the state hearing process, specified in Section 42-721.5, as other program participants.

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.6 Welfare-to-Work Plan and Universal Engagement

.61 After assessment, or a determination by the county child welfare services agency that CalWORKs services are necessary for family reunification, any recipient of aid or reunification parent pursuant to Section 82-812.67 who is required or who volunteers to participate in welfare-to-work activities shall enter into a written welfare-to-work plan with the CWD as soon as administratively feasible, but no later than the time frame specified in Section 42-711.62 for non-exempt individuals. However, the county may elect to utilize a reunification plan as defined in Section 80-301(r)(5) in lieu of the welfare-to-work plan when all of an individual’s welfare-to-work activities and services are provided as a component of a reunification plan under the temporary absence/family reunification provisions of Section 82-812.67. If the county uses the family reunification (FR) plan in lieu of the welfare-to-work plan the county shall inform the individual, in writing, regarding his/her eligibility for CalWORKs family reunification services, and include a reference to the FR plan and the county child welfare service agency.

.611 The plan shall include the activities and services, to be provided pursuant to Section 42-716, that will move the participant into employment and toward self-sufficiency.

.612 A copy of the complete, signed plan shall be provided to the participant.

.62 Except as specified in Sections 42-711.621 and .622, a non-exempt individual shall enter into his or her welfare-to-work plan after assessment, but no more than 90 days after the date that the individual’s eligibility for aid is initially determined or the date that the individual is required to participate in welfare-to-work activities pursuant to Sections 42-711.623(c) or (d), unless the individual meets an exemption criterion as specified in Section 42-712.4 or is otherwise not required to sign a welfare-to-work plan.

.621 The individual may enter into his or her welfare-to-work plan with the CWD as late as 90 days after the completion of initial engagement activities, as specified in Section 42711.53, if these activities are initiated within 30 days after the individual’s eligibility for aid is determined or the date the individual is required to participate pursuant to Section 42-711.623.

(a) Initial engagement activities are considered to be initiated when an individual is referred for participation in the initial engagement activity.

.622 The 90-day period specified in Section 42-711.62 and the 30-day period specified in Section 42-711.621 do not include the following:

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(a) Time in good cause, compliance, and sanctioning processes pursuant to Section 42-721, including the participation time in activities to end a sanction.

(1) “Time in good cause” pursuant to Section 42-711.622(a) includes time when the individual notifies the county in advance that he or she cannot attend an assigned activity and the county determines that the individual has good cause.

(b) Time between the date a learning disability evaluation appointment is scheduled and the date the county receives the final report, up to a maximum of 90 days. After the final report from the learning disability evaluator is received by the county, or on the 91st day if the final report has not been received, the 30- and 90-day periods resume.

.623 Except for Sections 42-711.621 and .622, the 90-day and 30-day time frames start as follows:

(a) The date of the notice of action that informs a non-exempt individual of his or her initial eligibility for aid when he or she is eligible for aid on the date of application.

(b) The date a non-exempt individual begins receiving aid when the individual is initially ineligible for aid on the date of application and the county has determined that he or she will be eligible for aid within 60 days in accordance with Section 40-171.11.

(c) The date an individual is required to participate in welfare-to-work activities when he or she has been receiving aid but was not required to have a welfare-to-work plan developed and the county knows this date in advance.

(d) The date the county learned an individual is required to participate in welfare-to-work activities when he or she has been receiving aid but was not required to have a welfare-to-work plan and the county does not know this date in advance, but no longer than 30 days from the date the individual was required to participate.

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.624 Example 1: An individual, upon receipt of aid, was granted a 6 month exemption from welfare-to-work participation due to the birth of a child; therefore, she will not be required to sign a welfare-to-work plan until after her exemption ends on June 15. The county must develop, and have the individual sign, a welfare-to-work plan no later than 90 days from June 16 pursuant to Section 42-711.623(c).

.625 Example 2: An individual’s 90-day period in which the county must develop her welfare-to-work plan begins on the date she is eligible for aid. Forty days into the 90-day period she is diagnosed with a medical condition and is exempted from participation for four months, until November 5. The county must develop, and have the individual sign, a welfare-to-work plan no later than 90 days from November 6 pursuant to Section 42-711.623(c).

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.63 A participant shall take part in one or more welfare-to-work activities for, in accordance with the requirements for the Welfare-to-Work 24-Month Time Clock, as described in Section 42-708, or for CalWORKs federal standards as described in Section 42709, the required minimum hours as specified in Sections 42-709.2 or 42-711.4, and as provided in the welfare-to-work plan.

.631 In developing a welfare-to-work plan, the CWD shall discuss all of the following with the participant:

(a) The participation flexibility during the Welfare-to-Work 24-Month Time Clock period and the scope of activities that he or she may participate in including his or her ability to meet CalWORKs federal standards.

(b) The conditions that allow a month not to count toward the WelfaretoWork 24-Month Time Clock, including but not limited to, meeting CalWORKs federal standards in accordance with Section 42709.5.

(c) The welfare-to-work participation requirements for individuals who have exhausted their Welfare-to-Work 24-Month Time Clock pursuant to Section 42711.7.

.632 In consultation with the participant, the CWD shall, consistent with the assessment conducted in Section 42-711.55, develop a welfare-to-work plan that is intended to meet either CalWORKs federal standards or to utilize the full range of activities available in accordance with the Welfare-to-Work 24Month Time Clock.

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.633 In determining the activities to be included in a welfare-to-work plan that utilizes the Welfare-to-Work 24-Month Time Clock or a plan intended to meet CalWORKs federal standards, all of the following shall be considered:

(a) The participant’s need for barrier removal activities or other welfaretowork activities that may not meet CalWORKs federal standards.

(b) The extent to which educational activities may be countable under CalWORKs federal standards.

(c) The circumstances and career goals of the participant.

.634 A welfare-to-work plan developed to utilize the Welfare-to-Work 24-Month Time Clock shall be consistent with the assessment conducted in Section 42711.55, and designed to remove particular barriers to employment or to meet the career goals of the participant in achieving self-sufficiency.

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.635

Example 1: An individual completes an assessment that states she is required to participate in the welfare-to-work program. She is in a one-parent assistance unit with a seven-year-old child and she has significant barriers to employment. In the assessment it is noted that she may have a learning disability, she has a substance abuse problem, and would benefit from job-related education. She meets with her caseworker after a learning disability evaluation has been completed and her welfareto-work plan is written, consistent with her assessment and learning disability evaluation. The plan takes full advantage of her Welfare-to-Work 24Month Time Clock by having hours assigned for substance abuse services, job skills training, and reasonable accommodations for her learning disability/ies.

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Example 2: An individual completes an assessment that states he is required to participate in the welfare-to-work program. He is in a one-parent assistance unit with a four year old child and has sufficient job skills and education. The assessment also states that he has suffered from mental health issues in the past. The CWD refers him to and he receives a mental health evaluation from the county mental health department. The participant meets with his caseworker shortly after the completion of the assessment and mental health evaluation. After discussing the results and the options available in regards to the Welfare-to-Work 24-Month Time Clock and CalWORKs federal standards, the participant expresses an interest in participating in mental health services as his sole activity for 20 hours per week. However, the mental health evaluation recommended that while he is stable at the time, he would benefit from bi-monthly counseling sessions. The CWD explains that while 20 hours a week of mental health services is not consistent with his assessment and mental health evaluation, the bi-monthly counseling sessions should be included in his welfare-to-work plan and works with him to find other activities to participate in that are consistent with his assessment.

Example 3: An individual completes an assessment that states she is required to participate in the welfare-to-work program. She is in a one-parent assistance unit with a two year old child and has limited job skills, a high school diploma, one year of college, and no noted barriers. She is currently working 20 hours per week as a waitress. She meets with her caseworker shortly after the completion of the assessment and they discuss the results of her assessment and the options available in regards to the Welfare-to-Work 24-Month Time Clock and CalWORKs federal standards. She tells her caseworker that she would like to stop working and go to the Radiologic Technology Program at the local community college to get a higher paying job. Even though she has not participated in a vocational education program while on cash aid, she tells her worker that she does not want a welfare-to-work plan designed to meet CalWORKs federal standards, as she wants to preserve her federal 12-month limit on vocational education. The caseworker explains to her that if she wants to attend the vocation education program full-time, she will be meeting CalWORKs federal standards and, therefore, must have a plan designed to meet CalWORKs federal standards. Her caseworker also explains that while she is meeting CalWORKs federal standards, those months will not count toward her Welfare-to-Work 24-Month Time Clock, so she will be preserving those months for full-time education when she exhausts her 12-month limit on vocational education under CalWORKs federal standards. She signs a welfare-to-work plan designed to meet CalWORKs federal standards.

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Example 4: An individual completes an assessment that states that he is required to participate in the Welfare-to-Work Program. He is in a one-parent assistance unit with a seven year old child. The assessment notes that he could benefit from some job skills training, but does not have any barrier due to lacking basic literacy. The participant is currently working 20 hours a week as a cashier in a convenience store, but his career goal is to become a plumber. To reach his career goal, the participant wants to return to a plumbing program at a local community college for 20 hours a week, including appropriate homework time, and reduce his work hours to 10 hours per week. Since his requested activities are consistent with his assessment, he and his caseworker agree to a 20-hour per week plumbing job skills training program and 10 hours per week of unsubsidized employment. Because he has already used his 12-month lifetime limit for participating in a vocational education program, the caseworker also explained that his plan is designed to utilize his Welfare-to-Work 24-Month Time Clock, but that if he chooses at any time to work at least 20 hours a week and participate in job skills for at least 10 hours a week he would be meeting CalWORKs federal standards and months would not count towards his WelfaretoWork 24-Month Time Clock.

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.64 The plan shall be written in clear and understandable language and have a simple, easy-to-read format.

.641 The plan shall contain at least, but is not limited to, the information provided to the individual pursuant to Sections 42-711.522(b), (c)(1) and (2), and (d)(2).

.642 The plan shall specify, and shall be amended to reflect changes in, the participant's welfare-to-work activities, a description of needed supportive services to be provided, and specific requirements for successful completion of assigned activities including required hours of participation.

(a) The plan shall also address school attendance of all children in the assistance unit for whom school attendance is compulsory, as specified in Section 40-105.5, and identify any participation required of the parent by the school to ensure the child's attendance. Such participation hours by the parent shall count toward the required hours of participation specified in Section 42-711.

(b) The plan shall outline how hours of participation in welfare-to-work activities satisfy the participation requirements pursuant to Sections 42-709.2, 42-711.4 or 42-711.7.

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(c) A participant in a welfare-to-work plan intended to meet CalWORKs federal standards shall meet those standards in accordance with the procedures specified in Section 42-709. In the case where a participant has not exhausted the Welfare-to-Work 24-Month Time Clock and is no longer meeting CalWORKs federal standards in accordance with those provisions, a new welfare-to-work plan designed to meet CalWORKs minimum standards shall be developed for the participant in accordance with this section.

.643 Participation in activities assigned under the welfare-to-work plan may be sequential or concurrent. The CWD may require concurrent participation in the assigned activities if it is appropriate to the participant's abilities, consistent with the participant's welfare-to-work plan, and the activities can be concurrently scheduled.

.644 If the CWD determines it to be appropriate and necessary for the removal of the participant's barriers to employment, an individual who lacks basic literacy or mathematics skills, a high school diploma or equivalent as described in Section 42711.533, or English language skills, shall be assigned to participate in adult basic education as described in Section 42-716.1(k).

.645 The participant shall maintain satisfactory progress in the activities to which the participant is assigned, and the CWD shall provide the necessary supportive services as set forth in the plan.

.646 The CWD shall allow the participant three (3) working days after the completion of the welfare-to-work plan or subsequent amendments to the plan in which to evaluate, and request changes to, the terms of the plan.

.647 The participant has 30 days from the beginning of the initial welfare-to-work activity in which to request a change or reassignment to another activity or component of the activity.

(a) The CWD shall grant the participant's request for reassignment if another assignment is available and consistent with the individual's welfare-to-work plan and the CWD determines the other activity will readily lead to employment.

(b) This grace period will be available only once to each participant.

.648 If an activity to be provided under the welfare-to-work plan is not immediately available to the participant, he or she shall be assigned to job search and/or job readiness activities until the education or training activity designated in the plan is available.

(a) Job search activities are subject to the limits described in Section 42-711.53.

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(b) The number of weeks during which an individual's participation in job search and job readiness activities will count toward meeting the federal work participation rates is limited by federal law. See Section 42-714.3(f).

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.65 A participant shall be provided written notice of the availability of paid child care, pursuant to Section 47-301.2, when he or she signs an original or amended welfare-to-work plan.

.7 Post Welfare-to-Work 24-Month Time Clock Participation Requirements

.71 After an individual has exhausted his or her Welfare-to-Work 24-Month Time Clock described in Section 42-708, unless otherwise exempt, or having received an extension to the 24-month time clock, the individual must meet CalWORKs federal standards in accordance with Section 42709 for the individual to continue receiving cash aid.

.711 Except as provided in Section 42-711.72, an individual who fails to meet CalWORKs federal standards is subject to the noncompliance provisions pursuant to Section 42721.

.712 The term “removed from cash aid” instead of “sanctioned” shall be used when referring to an individual who is in the noncompliance process described in Section 42-721.

.72 In a two-parent assistance unit, an adult who has exhausted his or her WelfaretoWork 24Month Time Clock is excused from participation and will remain on aid when the second adult is the sole participant meeting CalWORKs minimum standards.

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.8 Satisfactory Participation

.81 The criteria for satisfactory participation in an assigned education or training activity include regular attendance and satisfactory progress. A participant who fails or refuses to comply with program requirements for participation in the activities assigned pursuant to Section 42-711, and whose failure to make satisfactory progress is not due to a learning or medical problem, shall be subject to compliance and sanction requirements in accordance with Sections 42721.2 and .4, respectively, unless the participant is exempt from the participation and compliance requirements pursuant to Section 42-721.13.

.811 The CWD or the service provider shall inform the participant of the standards for meeting the regular attendance and satisfactory progress requirements for the program to which they are assigned.

.9 Repealed by Manual Letter No. EAS-06-01, effective 4/3/06.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code; and SB 1569 (Chapter 672, Statutes of 2006). Reference: Sections 11203, 11253.5(b), 11320.1, 11320.1(a), 11320.1(b), 11320.1(c), 11320.15, 11320.3, 11322.6, 11322.8, 11322.83, 11322.85, 11322.85(a)(2) and (3), 11322.86, 11322.87, 11324.8(a), (b) and (c), 11325.2, 11325.2(a), (b) and (c), 11325.21, 11325.22, 11325.23, 11325.23(a), (b), (c), (e), and (f), 11325.24, 11325.25, 11325.3, 11325.4, 11325.5, 11325.6, 11325.7, 11325.8, 11326, 11327.4, 11327.5, 11327.6, 11454, 13283, 15204.2 and .8, 16501.1(d) and (f), and 18945(a), Welfare and Institutions Code; Section 14005(c), Unemployment Insurance Code; 29 U.S.C. 3101(1) and 3102(7); and 42 U.S.C. 607(c)(1)(A), (c)(1)(B)(ii), (c)(2)(A)(i) , and (d).

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