42-716 WELFARE-TO-WORK ACTIVITIES

(a) Unsubsidized employment, as defined in Section 42-701.2(u)(2).

(b) Subsidized employment, as defined in Section 42-701.2(s)(2) that is performed in the private sector.

(c) Subsidized employment, as defined in Section 42-701.2(s)(2) that is performed in the public sector.

(d) Work experience, as defined in Section 42-701.2(w)(3).

(1) Unpaid work experience shall be limited to 12 months, unless the CWD and the welfare-to-work participant agree to extend this period by an amendment to the welfare-to-work plan. The CWD shall review the work experience as appropriate.

(A) At the time of the assignment to the work experience activity, the CWD shall identify the job skill(s) to be developed or enhanced. The CWD shall review the work experience activity as necessary to determine the participant's progress toward reaching the training goal.

(B) Revisions to the welfare-to-work plan shall be made as necessary to ensure that the work experience assignment continues to be consistent with the participant's plan and is effective in preparing the participant to obtain employment.

(2) The maximum hours of participation in unpaid work experience shall be limited as follows:

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(A) Participants in work experience activities whose assistance units include food stamp recipients shall participate in these activities for no more than the number of hours each month, determined collectively for the assistance unit, equal to the CalWORKs assistance unit's grant plus the assistance unit's portion of the food stamp allotment divided by the higher of the state or federal minimum wage.

(B) Participants in work experience activities whose assistance units do not include food stamp recipients shall participate in these activities for no more than the number of hours each month, determined collectively for the assistance unit, equal to the CalWORKs assistance unit's grant divided by the higher of the state or federal minimum wage.

(3) The monthly limit in Sections 42-716.1(d)(2)(A) and (B) shall be considered to have been met by participation in an average weekly number of hours determined by dividing the monthly amount by 4.33 (average number of weeks per month).

(e) On-the-job training (OJT), as defined in Section 42-701.2(o)(2).

(f) Grant-based OJT, as defined in Section 42-701.2(g)(2) and pursuant to Section 42-716.5.

(g) Supported work or transitional employment as defined in Section 42-701.2(s)(4), and pursuant to Section 42-716.5, except that only the grant or the grant savings can be diverted to the employer.

(h) Work study, as defined in Section 42-701.2(w)(5).

(i) Self-employment as defined in Section 42-701.2(s)(1).

(j) Community service as defined in Section 42-701.2(c)(5).

(1) At the time of the assignment to the community service activity, the CWD shall identify the job skill(s) to be developed or enhanced. The CWD shall review the community service activity as necessary to determine the participant’s progress toward reaching the training goal.

(A) Revisions to the welfare-to work plan shall be made as necessary to ensure that the community service assignment continues to be consistent with the participant's plan and is effective in preparing the participant to obtain employment.

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(2) Hours of participation in unpaid community service shall be limited as follows:

(A) A participant in unpaid community service activities whose assistance unit includes food stamp recipients may participate in these activities for no more than the number of hours each month, determined collectively for the assistance unit, equal to the CalWORKs assistance unit's grant plus the assistance unit's portion of the food stamp allotment divided by the higher of the state or federal minimum wage. If all or a portion of the CalWORKs assistance unit’s grant has been diverted to an employer pursuant to Sections 42-701.2(g)(2) and 42-716.1(f), only that portion, if any, received as a grant and the assistance unit’s portion of the food stamp allotment shall be used in this calculation.

(B) A participant in unpaid community service activities whose assistance unit does not include food stamp recipients may participate in these activities for no more than the number of hours each month, determined collectively for the assistance unit, equal to the CalWORKs assistance unit's grant divided by the higher of the state or federal minimum wage. If all or a portion of the CalWORKs assistance unit’s grant has been diverted to an employer pursuant to Sections 42-701.2(g)(2) and 42-716.1(f), only that portion, if any, received as a grant shall be used in this calculation.

(3) The monthly limit in Sections 42-716.1(j)(2)(A) and (B) shall be considered to have been met by participation in an average weekly number of hours determined by dividing the monthly amount by 4.33 (average number of weeks per month).

(4) Community service activities shall comply with the non-displacement provisions specified in Section 42-720.

(k) Adult basic education as defined in Section 42-701.2(a)(1).

(1) Participants shall be referred to appropriate service providers that include, but are not limited to, educational programs operated by school districts or county offices of education that have contracted with the superintendent of public instruction to provide services to the participant, pursuant to Section 33117.5 of the Education Code.

(l) Job skills training directly related to employment, as defined in Section 42701.2(j)(2).

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(n) Job search and job readiness assistance as defined in Sections 42-701.2(j)(3) and (4).

(o) Education directly related to employment.

(p) Satisfactory progress in a secondary school or in a course of study leading to a certificate of general educational development, in the case of a recipient who has not completed secondary school or received such a certificate.

(q) Mental health (see Section 42-716.4), substance abuse (see Section 42-716.5), and domestic abuse services (see Section 42-713.221) that are necessary to obtain and retain employment.

(r) Other activities necessary to assist an individual in obtaining unsubsidized employment.

(s) Participation required of the parent by the school to ensure the child's attendance, in accordance with Section 42-711.642(a).

.11 Assignment to an educational activity identified under Sections 42-716.1(k), (m), (o), and (p) is limited to those situations in which the education is needed to become employed.

.12 Every CWD shall provide an adequate range of the activities described in Section 42-716.1 to ensure each participant's access to needed activities and services to assist him or her in seeking employment, to provide education and training the participant needs to find self-supporting work, and to arrange for placement in paid or unpaid work settings that will enhance a participant's ability to obtain unsubsidized employment.

.2 Mental Health Treatment Services

The CWD shall make mental health treatment services available, when necessary, to enable participants to make the transition from welfare-to-work pursuant to the mental health assessment conducted under Section 42-711.56.

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.21 Subject to specific expenditure authority, mental health services available shall include all of the following elements:

.211 An assessment for the purpose of identifying the level of the individual's mental health needs and the appropriate level of treatment and rehabilitation for the participant.

.212 Case management, as appropriate, as determined by the CWD.

.213 Treatment and rehabilitation services that shall include counseling, as necessary to overcome mental health barriers to employment and mental health barriers to retaining employment, in coordination with an individual's welfare-to-work plan.

.214 In cases where a secondary diagnosis of substance abuse is made in a person referred for mental or emotional disorders, the welfare-to-work plan shall also address the substance abuse treatment needs of the participant. [See Section 42-716.5.]

.215 A process by which the CWD can identify those individuals with severe mental disabilities that may qualify them for aid under Chapter 3 (commencing with Section 12000). [The State Supplementary Program for Aged, Blind, and Disabled]

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.3 Substance Abuse Treatment Services

.31 The CWD shall provide, in conjunction with the county alcohol and drug program or a state-licensed or certified nonprofit agency under contract with the county alcohol and drug program, substance abuse treatment services which shall include evaluation, treatment, employment counseling, provision of community service jobs, or other appropriate services.

.311 If, based on the evaluation required in Section 42-711.57, a participant is determined to have a substance abuse problem, the CWD shall offer the individual two opportunities to receive substance abuse treatment. At its option, the CWD may offer the individual additional treatment opportunities.

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.312 When an individual 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 individual's welfare-to-work plan may include appropriate treatment requirements, including assignment to a substance abuse program.

.313 When a participant's welfare-to-work plan includes assignment to a treatment program, the case manager may determine that the participant is out of compliance with the welfare-to-work plan if, at any time in consultation with the substance abuse treatment provider, the county determines that the participant has failed or refused to participate in a treatment program without good cause. The assigned treatment program shall be reasonably accessible within the county of residence or a nearby county.

.314 When a case manager determines that a participant in a treatment program as specified in his or her welfare-to-work plan is out of compliance with a program requirement other than participation in a required treatment program, the determination of whether the participant has good cause to be out of compliance shall include consideration of whether the participant's substance abuse problem caused or substantially contributed to the failure to comply with the program requirements. In this determination, the county must consult the substance abuse treatment provider as appropriate.

.315 No recipient may participate in a substance abuse treatment program for longer than six months without concurrently participating in a welfare-to-work activity, to be determined by the county and the recipient, in consultation with the treatment provider.

(a) If the recipient is in a state-licensed residential facility or a certified nonresidential substance abuse program that requires him or her to stay at the program site for a minimum of three hours a day, three days per week, or otherwise not to participate in nonprogram activities, the requirements of the treatment program shall fulfill the recipient's welfare-to-work activity requirement.

.32 Each county shall report annually to the state the number of CalWORKs Program recipients who receive substance abuse treatment and the extent to which the allocation is sufficient to meet the need for substance abuse services as determined by the county.

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.4 Job Openings

.41 The employer or sponsor of an employment or training position specified in Section 42-716.1 shall assist and encourage qualified participants to apply for job openings in the sponsor's organization.

.42 Participants assigned to public agencies shall be allowed to compete in classified service examinations equivalent to the positions they occupy, and all open and promotional examinations for which experience in the job or other relevant experience qualifies under merit system rules.

.43 A participant's time worked in a position shall apply toward seniority in a merit public agency position, only to the extent permitted under federal or state law, local ordinance, or collective bargaining agreement.

.5 Grant-based OJT

.51 The CWD shall assign a recipient to a grant-based OJT funded position only if the individual voluntarily consents in writing to the diversion of her/his grant to an employer as a wage subsidy following a one-on-one meeting in which the consent form and assignment are reviewed and discussed with the individual. The written consent shall include, but is not limited to, the following:

.511 A statement that the recipient’s assignment to grant-based OJT is voluntary and the CWD shall take no action against the individual for refusing to agree to be assigned to a grant-based OJT funded position.

.512 Notification that the participant is subject to sanction pursuant to Section 42-721, if she/he fails to comply with the requirements of the grant-based OJT assignment without good cause.

.513 A statement that the participant’s net income from grant-based OJT may be less than the participant’s current grant payment.

.514 The worksite(s) and job duties, the duration of the grant-based OJT assignment, hours of employment, hourly wage, and any available benefits.

.515 The good cause criteria specified in Sections 42-713 and 42-721.3.

.516 An agreement by the participant acknowledging the participant’s obligation to return to the CWD any recovered wages up to the amount of the corrective underpayment paid pursuant to Section 42-716.542.

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.52 The CWD shall provide grant-based OJT funded community service positions only if the community service component of the county CalWORKs plan specifies the process by which the CWD will comply with the voluntary consent requirement and lists the languages, other than English, in which written consent will be obtained.

.53 The participant’s diverted cash grant and grant savings shall be used by the employer for the sole purpose of subsidizing the participant’s wages.

.531 Any portion of a participant’s wage that is funded by the diversion of the recipient’s cash grant and/or grant savings to the employer shall not be entitled to the income disregards specified in Section 44-111.23.

.532 Any portion of the grant-based OJT participant’s wages that are not derived from the participant’s diverted grant and/or grant savings shall be subject to the income disregards specified in Section 44-111.23, however, the resulting grant and grant savings may be diverted to the employer.

.533 Nothing in this Section 42-716.53 shall preclude an employer from using its own funds to pay a portion of the participant’s wages.

.54 The CWD shall administer grant-based-OJT funded positions in a manner that minimizes any break in income received by the participant as a grant, or as a wage subsidized by the diverted grant and/or grant savings upon entry into, during, or upon exit from the assignment.

(SAR) .541 A grant-based OJT placement may begin mid-period.

.542 When there is any break in income for a grant-based OJT participant caused by an employer's conduct or the participant's inability or failure to work her/his scheduled hours with or without cause, the CWD shall ensure that a recipient receives 100 percent of the maximum aid grant payment for which she/he is otherwise eligible, less the gross amount of the grant-based wages and any other non-exempt income received by the participant. The payment shall be made as a corrective underpayment within five calendar days of the participant notifying the CWD, or within two calendar days of CWD notification if the participant has an eviction Notice or a Notice to Pay Rent or Quit.

(a) If the participant’s total gross wages paid in a month are less than the total amount of the diverted grant for that month, a corrective underpayment shall be issued in accordance with Section 44-340. This corrective underpayment shall be equal to the difference between the amount of the gross wages paid to the recipient and the amount of the grant diverted for the month.

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(1) The participant shall return to the CWD the amount of unpaid wages that are recovered from the employer and for which the CWD issued a corrective underpayment. Any such recovered wages not returned by the participant to the CWD shall be treated as an overpayment.

(b) The CWD shall collect from the employer any amount of the grant and/or grant savings diverted to the employer that was not paid as wages to the recipient.

.55 Wages derived from the diverted grant and/or grant savings and paid to a participant pursuant to this section shall not be considered as income in any determination of financial eligibility for the CalWORKs program.

.56 The CWD shall not place grant-based OJT participants with an employer unless the employer agrees, at a minimum, to all of the following:

.561 To use the diverted grant solely for subsidizing the participant's wage and to return to the CWD any of the grant and/or grant savings received that are not paid as wages to the participant.

.562 Not to displace current employees with grant-based OJT participants pursuant to Section 42-720.1.

.563 To comply with the labor union and employee notification requirements specified in Section 42-720.3.

.564 To comply with all applicable federal and state labor laws and regulations.

.565 That the employer’s participation in grant-based-OJT funded job placements may be cancelled pursuant to Section 42-716.571.

.57 The CWD shall monitor the retention of participants as employees by employers participating in grant-based OJT.

.571 The CWD shall cancel participation of employers who demonstrate, over a period of time, either of the following:

(a) An unwillingness to hire recipients who participated in grant-based OJT with such employers.

(b) An inability to provide the participant with the job skills to obtain unsubsidized employment with other employers.

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.572 The CWD shall collect and maintain such records as are necessary to verify participating employer’s retention of participants or subsequent unsubsidized employment with other employers.

.58 Any participant in a grant-based OJT-funded position, who fails or refuses to comply with program requirements without good cause shall be sanctioned in accordance with Section 42721.4.

.6 Education Activities

.61 An individual may be assigned supervised or unsupervised homework time as part of his or her welfare-to-work plan when assigned to participate in the following activities: adult basic education, job skills training directly related to employment, vocational education and training, education directly related to employment, satisfactory progress in a secondary school or in a course of study leading to a certificate of general educational development as described in Sections 42-716.1(k), (l), (m), (o), and/or (p) respectively, and participating in Self-Initiated Program as described in Section 42 711.54.

.611 Hours spent in supervised homework time and up to one hour of unsupervised homework time for each hour of class time may be assigned as participation in the assigned activity in the individual’s welfare-to-work plan.

.612 Total homework time counted as participation must not exceed the hours required or advised by the education program.

.62 An individual assigned to participate in adult basic education, job skills training directly related to employment, vocational education and training, education directly related to employment, and satisfactory progress in a secondary school or in a course of study leading to a certificate of general educational development, as described in Sections 42-716.1(k), (l), (m), (o), and/or (p) respectively, or participating in a Self-Initiated Program as described in Section 42-711.54, may elect to participate in distance learning for some or all of his or her classroom hours.

.621 Distance learning activities are subject to satisfactory participation standards as described in Section 42-711.8. No additional satisfactory participation standards may be required of participants in distance learning activities.

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.7 (Reserved)

.8 Expanded Subsidized Employment

.81 Eligibility for entry into expanded subsidized employment under this section shall be limited to individuals who meet one of the following criteria:

.811 Aided CalWORKs recipients participating in the Welfare-to-Work Program.

(a) These individuals may continue to participate in a county's expanded subsidized employment program if the family becomes ineligible for CalWORKs aid due to expanded subsidized employment income.

.812 Individuals in welfare-to-work sanction status as described in Section 42-721.4 who will cure their sanctions through expanded subsidized employment participation.

(a) Expanded subsidized employment participants who cure their sanctions through expanded subsidized employment must maintain compliance with welfare-to-work requirements to continue in an expanded subsidized employment placement.

.813 Individuals who have exceeded CalWORKs time limits and are receiving Safety Net benefits for their eligible children as defined in Section 42-302.1.

(a) These individuals may continue to participate in a county's expanded subsidized employment program if the family becomes ineligible for CalWORKs aid due to expanded subsidized employment income.

.82 Expanded subsidized employment wage subsidies are limited to a maximum of six months for each participant, unless the county determines that the participant meets the requirements for an extension.

.821 Extensions to expand subsidized employment placements may be granted no more than twice, in three-month increments, not to exceed a total placement of 12 months. The county shall grant an extension if the additional time will increase the likelihood of either of the following:

(a) The participant obtaining unsubsidized employment with the participating employer.

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(b) The participant obtaining specific skills and experiences relevant for unsubsidized employment for a particular field.

.822 The reason for each extension must be recorded in the participant's CalWORKs case file.

.83 If provided for in a county plan, the county may provide welfare-to-work services to former recipients whose families become ineligible for CalWORKs due to expanded subsidized employment income.

.831 The county may provide these services for up to the first 12 months of employment, to the extent they are not available from other sources and are needed for the individual to retain the subsidized employment.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 11253.5(b), 11265.1, 11265.2, 11320.3(b)(2), 11322.6, 11322.61, 11322.64, 11322.7, 11322.8, 11322.9, 11323.25, 11324.4, 11324.6(a), 11325.21(a) and (d)(1), 11325.22(b)(1), 11325.23(a), 11325.7(a), (c), and (d), 11325.8(a), (c), (d), and (f), 11326, 11327.5, 11450.5, 11451.5, 11454, and 11454.2, Welfare and Institutions Code; and Section 8358(c)(2), Education Code; 7 U.S.C. 2029(a)(1); 7 U.S.C. 2035; U.S. Department of Labor guidance on FLSA, with attached U.S.D.A., Food and Nutrition Service (FNS) guidance on an SFSP, dated May 22, 1997; Simplified Food Stamp Program approval letters from FNS to implement the provisions of an SFSP, dated May 5, 2000 and August 3, 2000.

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