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ASSEMBLY BILL 1531 (AB 1531)
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.1 Definition of "AB 1531 Participant"
An "AB 1531 participant" is an AFDC recipient who voluntarily participates in State Civil Service seasonal class employment pursuant to the provisions of AB 1531 (Chapter 1291, Statutes of 1983).
.2 Waiver of Penalties
.21 AFDC applicants of recipients shall not be penalized, either through the loss of benefits or eligibility, for not applying for, accepting, or continuing in State Civil Service seasonal class employment.
.22 In accordance with an Executive Order, signed by the Director of the Department of Social Services on March 28, 1984, the following regulation sections shall not apply with respect to job opportunities made available under this project:
.221 For job refusals, Sections 41-440.26, 41-605, 42-691, and 44-113.217 are to be waived. AFDC-U principal earner parents and AFDC-FG recipients who refuse seasonal jobs offered under this project will continue to be eligible for assistance. Earned income disregards will continue to be applied.
.222 For job quits or terminations, Sections 41-440.22, 42-605, 42-691, and 44-113.217 are to be waived.
(a) Federal AFDC-U principal earner parents or AFDC-FG recipients are to be continually or immediately eligible for federal assistance after quitting or terminating a state seasonal job.
(b) State-only AFDC-U principal earner parents will also be continually or immediately eligible for State-only AFDC-U benefits, providing that they have a remaining period of eligibility.
(c) Earned income disregards will continue to be applied.
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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
ASSEMBLY BILL 1531 (AB 1531) (Continued)
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.3 Verification
Section 42-710.2 shall only apply when it has been verified that an applicant's or recipient's job refusal or quit was related to State Civil Service seasonal class employment. Counties shall follow the normal procedures that are used to verify other reports of job refusal or job quit to confirm this information.
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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
WELFARE-TO-WORK SRS COMPONENT
TABLE OF CONTENTS
CHAPTER 42-1000 WELFARE-TO-WORK SUPPLEMENTAL REFUGEE
SERVICES (SRS) COMPONENT
Section
Background 42-1001
Introduction - Welfare-to-Work Requirements for SRS Participants 42-1002
SRS County Plan Coordination and Consultation 42-1003
Initial Determination for Service Needs as Related to Employment 42-1004
Basic Literacy Level Assessment for SRS Component Participants 42-1005
Development of an Employability Plan for SRS Component Participants 42-1006
SRS Participant Plans 42-1007
Purchase of Service Contracts 42-1008
Mandatory Components for SRS Participants 42-1009
Optional Components for SRS Participants 42-1010
Criteria for Component Assignment of Teenage Parents 42-1011
Case Management for SRS Component Participants 42-1012
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
Regulations WELFARE-TO-WORK SRS COMPONENT 42-1003 (Cont.)
CHAPTER 42-1000 WELFARE-TO-WORK SUPPLEMENTAL REFUGEE
SERVICES (SRS) COMPONENT
42-1001 BACKGROUND 42-1001
AB 3254, Chapter 379, Statutes of 1990, established the GAIN SRS Component. Counties may elect to maintain the SRS Component within the CalWORKs Welfare-to-Work Program for Welfare-to-Work-eligible CalWORKs refugees who would otherwise be temporarily excepted from Welfare-to-Work services. These services shall complement regular Welfare-to-Work services to prepare the refugee for self-sufficiency.
NOTE: Authority cited: Sections 10553 and10554, Welfare and Institutions Code. Reference: Sections 10063, 11320, and 13280, Welfare and Institutions Code.
42-1002 INTRODUCTION - WELFARE-TO-WORK REQUIREMENTS FOR 42-1002
SRS PARTICIPANTS
All Chapter 42-700 regulations shall apply to Welfare-to-Work SRS participants, unless superseded by regulations contained in Sections 42-1000 through 42-1012.
NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10553, 10554, 11320, and 13280, Welfare and Institutions Code.
42-1003 SRS COUNTY PLAN COORDINATION AND CONSULTATION 42-1003
.1 That portion of the county's CalWORKs Plan which addresses the implementation of the SRS Component shall be developed with significant participation by and input from public and private agencies/organizations involved in refugee resettlement. The county's planning process shall include representatives from refugee community-based organizations, voluntary agencies, local public/private providers of services to refugees, and refugee community leaders.
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.2 Counties may use the CalWORKs planning process if that process meets the requirements specified above.
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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
42-1003 (Cont.) WELFARE-TO-WORK SRS COMPONENT Regulations
42-1003 SRS COUNTY PLAN COORDINATION AND CONSULTATION 42-1003
(Continued)
.3 If the county's CalWORKs planning process does not meet the requirements contained in Section 42-1003.1, the county shall conduct a supplementary planning process.
.4 That portion of the county's CalWORKs plan which describes the SRS Component shall describe the planning process. This description shall identify the planning participants and discuss how the proposed services reflect the information received during the planning process.
.5 The description of the SRS Component shall also include the following information:
.51 Labor market analysis and identification of the population to be served;
.52 Description of the service population's needs;
.53 Description of the services to be provided including the types of services and the service delivery methodologies;
.54 Amount of funding and the anticipated outcomes specific to each service to be provided including intake, determination of client service needs, referral to services, and supportive services;
.55 Descriptive narrative and a flow chart of the client flow process which shall be used to determine the refugee's service needs and refer refugees to services within the SRS Component; and
.56 Description of the procurement process which shall be used to procure services to be provided under the SRS Component.
.6 Counties shall not be required to use the CalWORKs Welfare-to-Work client flow process. Counties electing not to use the CalWORKs Welfare-to-Work client flow process shall develop and implement county-specific client flow processes which shall be subject to CDSS review and approval.
.7 Counties shall annually update that section of the county CalWORKs Plan which contains the discussion and description of the SRS Component. The SRS update may be coordinated with the annual update of the county CalWORKs Plan.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11320, 13277, 13278, and 13280, Welfare and Institutions Code and Federal Register, Volume 51, No. 166, pages 30546 through 30553 dated Wednesday, August 27, 1986.
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
Regulations WELFARE-TO-WORK SRS COMPONENT 42-1005 (Cont.)
42-1004 INITIAL DETERMINATION FOR SERVICE NEEDS AS RELATED 42-1004
TO EMPLOYMENT
.1 An initial determination of employability shall be made within a reasonable time period prior to the refugee's participation in the SRS Component. The determination shall be based on:
.11 The individual's educational, child care, and other supportive services needs;
.12 The individual's proficiencies, skill levels, and prior work experience;
.13 A review of the family circumstances, which may include the needs of any child of the individual; and
.14 Other factors that are determined relevant in developing the employability plan as described in Section 42-1006.
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.2 The initial determination of employability may be conducted through various methods such as interviews, testing, counseling, and self-assessment instruments.
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NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section 13280, Welfare and Institutions Code and 45 CFR 250.41.
42-1005 BASIC LITERACY LEVEL ASSESSMENT FOR SRS 42-1005
COMPONENT PARTICIPANTS
.1 The county shall make an initial county-standardized determination of the refugee client's employability and services needs relative to:
.11 The refugee's English language training and educational needs, employment skills and prior work history; and
.12 The refugee's supportive needs, including child care, and the needs of the individual's eligible children.
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
42-1005 (Cont.) WELFARE-TO-WORK SRS COMPONENT Regulations
42-1005 BASIC LITERACY LEVEL ASSESSMENT FOR SRS 42-1005
COMPONENT PARTICIPANTS (Continued)
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.2 Counties may use existing service needs determination instruments/systems or develop SRS-specific systems to determine the refugee's service needs.
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.3 Whichever system(s) the county elects to use shall be used consistently for all refugees participating in SRS Component services.
.4 The service needs determination process shall be described in detail in the section of the county CalWORKs Plan which includes the SRS Component.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11320 and 13280, Welfare and Institutions Code.
42-1006 DEVELOPMENT OF AN EMPLOYABILITY PLAN FOR SRS 42-1006
COMPONENT PARTICIPANTS
.1 On the basis of the initial determination of the client's employability and service needs (see Section 42-1005.1), the determination agency shall develop an employability plan in consultation with the participant, including a participant in a self-initiated activity. The employability plan shall:
.11 Contain an employment goal for the participant;
.12 Describe the services to be provided by the determination agency, including child care and other supportive services;
.13 Describe the activities that will be undertaken by the participant to achieve the employment goal; and
.14 Describe any other needs of the family, such as participation by a child in drug education or in life skill planning sessions. The employability plan must take into account:
.141 Available program resources;
.142 The participant's supportive services needs;
.143 The participant's skills level and aptitudes;
.144 Local employment opportunities; and
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
Regulations WELFARE-TO-WORK SRS COMPONENT 42-1007
42-1006 DEVELOPMENT OF AN EMPLOYABILITY PLAN FOR SRS 42-1006
COMPONENT PARTICIPANTS (Continued)
.145 To the maximum extent possible the preferences of the participant.
.2 The employability plan shall not be considered a contract.
.3 Final approval of the employability plan rests with the determination agency.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section 13280, Welfare and Institutions Code and 45 CFR 250.41.
42-1007 SRS PARTICIPANT PLANS 42-1007
.1 Counties shall use plans for clients participating in the SRS Component.
.2 Counties shall be permitted to use the participant's welfare-to-work plan or, subject to CDSS review and approval, develop their own county-specific plans.
.3 All client plans shall be signed by the participant and the provider agency and shall, at a minimum, contain the following information:
.31 The purpose of the plan;
.32 The provider's participation standards;
.33 The participant's obligations, rights and responsibilities;
.34 The length of participation in the service/activity, including the number of hours of participation per week;
.35 The educational, training and/or employment services activities in which the refugee will participate; and
.36 A detailed description of the types of supportive services generally available to SRS welfare-to-work participants and a statement that supportive services shall be provided to the participant (see Section 42-750).
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11320, 11322.6, and 13280, Welfare and Institutions Code.
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
42-1008 WELFARE-TO-WORK SRS COMPONENT Regulations
42-1008 PURCHASE OF SERVICE CONTRACTS 42-1008
.1 Except where prohibited by CDSS regulations governing third-party contracts (MPP Chapter 23-600 Purchase of Service and Section 42-718.1), counties electing to implement the SRS Component to provide services for refugee applicants for, and recipients of, CalWORKs shall be permitted to use performance-based contracts to purchase such services.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10063, 10553, 10554, and 13280, Welfare and Institutions Code.
42-1009 MANDATORY COMPONENTS FOR SRS PARTICIPANTS 42-1009
.1 The SRS Component shall include the following four services and activities.
.11 Any educational activity below the postsecondary level that the agency determines to be appropriate to the participant's employment goal. Such activities may be combined with training that the agency determines is needed in relation to the participant's employability plan. The educational activities that shall be made available include, but are not limited to:
.111 High school education or education designed to prepare a person to qualify for a high school equivalency certificate;
.112 Basic and remedial education that will provide an individual with a basic literacy level in accordance with Section 42-716.11.
.113 Education in English proficiency for an individual who is not sufficiently competent to understand, speak, read, or write the English language to allow employment commensurate with his/her employment goal;
.12 Job skills training, which includes vocational training for a participant in technical job skills and equivalent knowledge and abilities in a specific occupational area;
.13 Job readiness activities that help prepare participants for work by assuring that participants are familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market; and
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
Regulations WELFARE-TO-WORK SRS COMPONENT 42-1011
42-1009 MANDATORY COMPONENTS FOR SRS PARTICIPANTS 42-1009
(Continued)
.14 Job development and job placement activity by the agency; e.g., soliciting a public or private employer's unsubsidized job opening or discovering such job openings, the marketing of participants, and securing job interviews for participants.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code, and Senate Bill 1041 (Chapter 47, Statutes of 2012). Reference: Sections 11322.6, 11322.85 and 13280, Welfare and Institutions Code.
42-1010 OPTIONAL COMPONENTS FOR SRS PARTICIPANTS 42-1010
.1 In addition to the mandatory components specified in Section 42-1009, the SRS Component shall include unsubsidized employment, job search, OJT and at least two of the other activities listed in Section 42-716.1:
.11 Repealed by Manual Letter No. 98-03, effective 7/1/98.
.12 Repealed by Manual Letter No. 98-03, effective 7/1/98.
.13 Repealed by Manual Letter No. 98-03, effective 7/1/98.
.14 Repealed by Manual Letter No. 98-03, effective 7/1/98.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code, and Senate Bill 1041 (Chapter 47, Statutes of 2012). Reference: Sections 11322.6, 11322.7 and 11322.85, Welfare and Institutions Code.
42-1011 CRITERIA FOR COMPONENT ASSIGNMENT OF TEENAGE PARENTS 42-1011
.1 Counties shall provide educational services for teenage parents as described in 45 CFR Part 250.32(a) in the SRS Component.
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.2 Counties may use resources (non-CalWORKs) other than refugee funds to cover the costs of these services.
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NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11320 and 13280, Welfare and Institutions Code.
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
42-1012 WELFARE-TO-WORK SRS COMPONENT Regulations
42-1012 CASE MANAGEMENT FOR SRS COMPONENT PARTICIPANTS 42-1012
.1 Counties shall be permitted to designate an agency other than the CWD as the agency responsible for performing specific allowable case management tasks and/or activities.
.2 Eligibility determinations for CalWORKs and all sanctioning activities shall be handled by the CWD staff.
.3 Counties shall complete a 90-day follow-up for each participant who becomes employed, including those participants who become ineligible for CalWORKs as a result of such employment.
NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10063 and 13280, Welfare and Institutions Code; Notices of Availability of Federal Fiscal Year 1990 Targeted Assistance Funds (Federal Register/Vol. 55, No. 72, pages 13974 through 13979 Friday, April 13, 1990; and Federal Register/Vol. 55, No. 151/ pages 32022 through 32024 Monday, August 6, 1990).
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
CHILD CARE USAGE AND DOCUMENTATION
TABLE OF CONTENTS
CHAPTER 42-1100 CHILD CARE USAGE AND DOCUMENTATION
Section
General Statement 42-1101
Qualification for Tracking Under Title IV-A 42-1102
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
Regulations CHILD CARE USAGE AND DOCUMENTATION 42-1102 (Cont.)
CHAPTER 42-1100 CHILD CARE USAGE AND DOCUMENTATION
42-1101 GENERAL STATEMENT 42-1101
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.1 AB 2184 (Chapter 1205, Statutes of 1991) requires the Department and the California Department of Education (CDE) to establish a system for documenting child care usage by Aid to Families with Dependent Children (AFDC) recipients in CDE's subsidized child care system. The purpose of documenting the child care usage of this population is to maximize the Federal Financial Participation (FFP) to which the sate is entitled under Title IV-A of the Social Security Act.
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42-1102 QUALIFICATION FOR TRACKING UNDER TITLE IV-A 42-1102
.1 The county and CDE contractor shall verify whether AFDC recipients and their children who receive child care services from CDE subsidized child care programs meet Title IV-A eligibility criteria, in order to determine whether their child care qualifies for tracking under Title IV-A.
.11 The child care of an AFDC recipient and each of his/her children who receive child care services from a CDE subsidized child care program qualifies for tracking under Title IV-A if the recipient and child meet the following standards:
.111 The AFDC recipient is:
(a) A working recipient who is not receiving the dependent care disregard, as specified in Section 44-113.217, for his/her child receiving services through the CDE subsidized child care system; or,
(b) A participant in an education and training program approved according to the criteria specified in the Miller vs. Healy Interim Court Order; or
(c) A participant in the GAIN program, as specified in Chapter 42-700.
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
42-1102 (Cont.) CHILD CARE USAGE AND DOCUMENTATION Regulations
42-1102 QUALIFICATION FOR TRACKING UNDER TITLE IV-A 42-1102
(Continued)
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(d) The Miller vs. Healy Interim Court Order established criteria for approving non-GAIN education and training programs. The Court ordered that child care assistance is to be provided to recipients "who meet existing GAIN criteria for the approval of education and training activities. Such child care shall be provided pursuant to existing GAIN criteria for approval of self-initiated programs and existing GAIN definitions for satisfactory progress and attendance requirements."
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.112 The recipient's child(ren) shall meet the condition(s) of one category in each of Sections 42-1102.112(a) and (b) below:
(a) The child:
(1) Is in the recipient's AFDC assistance unit; or
(2) Receives benefits under federal foster care; or
(3) Receives benefits under Supplemental Security Income/State Supplementary Payment (SSI/SSP) program.
(b) The child:
(1) Is under the age of 13; or
(2) Meets the age requirements under the AFDC program, as specified in Chapter 42-100 and is physically or mentally incapable of caring for himself-herself based on:
(A) A written statement of a physician or a licensed or certified psychologist; or
(B) Receipt of SSI/SSP; or
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
Regulations CHILD CARE USAGE AND DOCUMENTATION 42-1102
42-1102 QUALIFICATION FOR TRACKING UNDER TITLE IV-A 42-1102
(Continued)
(3) Is under court supervision as specified in Welfare and Institutions Code Section 601 or 602 and meets the age requirement under the AFDC program, as specified in Chapter 42-100.
.2 The county and CDE contractor shall redetermine whether the child care of an AFDC recipient and his/her child qualifies for tracking under Title IV-A when the county and CDE contractor become aware of a possible change in the eligibility status of the recipient or child.
NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section 11008.19, Welfare and Institutions Code; 45 CFR 255.2(a) and 45 CFR 255.4; and Miller v. Healy, 768 S. Supp. 1331 (N.D. Cal 1991).
ELIGIBILITY AND ASSISTANCE STANDARDS
RESPONSIBLE RELATIVES
TABLE OF CONTENTS
Chapter
DIVISION 43 RESPONSIBLE RELATIVES
Responsible Relatives 43-100
Child and Spousal Support 43-200
RESPONSIBLE RELATIVES
RESPONSIBLE RELATIVES
TABLE OF CONTENTS
CHAPTER 43-100 RESPONSIBLE RELATIVES
Section
Responsible Relatives 43-100
Definitions for Purposes of Support Responsibility 43-103
Repealed by Manual Letter No. EAS-91-14, effective 10/1/91 .1
Repealed by Manual Letter No. EAS-91-14, effective 10/1/91 .2
Stepparent .3
Unmarried Parent .4
Common-Law Marriage .5
Responsibility for Support 43-105
Parents - General .1
Parents of Minor Parents .2
Absent Parents .3
Unmarried Parents .4
Stepparent .5
Adult Children .6
Repealed by Manual Letter No. EAS-97-09, effective 7/1/97 43-106
Cooperation Requirements 43-107
Mother and Unrelated Adult Male Living in the Home .1
Unwed Minor Parent .2
RESPONSIBLE RELATIVES
RESPONSIBLE RELATIVES
TABLE OF CONTENTS
CHAPTER 43-100 RESPONSIBLE RELATIVES
Section
Required Financial Contribution - Unrelated Adult Male 43-109
Requirement .1
Definitions .2
Action - Requirement Not Met .3
Notification to Superior Court 43-117
Sponsored Noncitizens 43-119
Sponsored Noncitizen - Definition .1
Individual Sponsors .2
U.S. Attorney General Guidance for Determination of Substantial Connection
Between Battery/Cruelty and Need for Aid .3
RESPONSIBLE RELATIVES
DIVISION 43 RESPONSIBLE RELATIVES
CHAPTER 43-100 RESPONSIBLE RELATIVES