2005 California Welfare and Institutions Code Sections 11200-11215 Article 1. General Provisions

11200.  This chapter shall be known and may be cited as the
California Work Opportunity and Responsibility to Kids Act, and may
also be cited as the CalWORKs program.
11200.5.  Funding for social services under this chapter is subject
to the provisions of Part 1.5 (commencing with Section 10100) of this
division.
11201.  For the purposes of this chapter, the following shall apply:
   (a) "Unemployed parent" means a natural or adoptive parent with
whom the child is living.
   (b) A child for whom a parent is applying for assistance under
this chapter shall be considered to be deprived of parental support
or care due to the unemployment of his or her parent or parents when
the parent has worked less than 100 hours in the preceding four weeks
and meets the requirements concerning an unemployed parent in effect
on August 21, 1996, as set forth in Section 233.100 of Title 45 of
the Code of Federal Regulations except for the provisions of
subparagraph (i) to (v), inclusive, of paragraph (3) of subsection
(a) of that section.
   (c) A family receiving aid under this chapter with a child who is
considered to be deprived of parental support or care due to
unemployment may continue to receive assistance regardless of the
number of hours his or her parent works provided the family does not
exceed the applicable gross or net income limits and is otherwise
eligible for assistance.
11202.  As used in this chapter, the term "needy child" means a
child living in a family as described in Section 11250, or a child as
described in Section 11401.
11203.  (a) During those times as the federal government provides
funds for the care of a needy relative with whom a needy child or
needy children are living, aid to the child or children for any month
includes aid to meet the needs of that relative, if money payments
are made with respect to the child or children for that month, and if
the relative is not receiving aid under Chapter 3 (commencing with
Section 12000) or 5 (commencing with Section 13000) of this part or
Part A of Title XVI of the Social Security Act for that month.  Needy
relatives under this chapter include only natural or adoptive
parents, the spouse of a natural or adoptive parent, and other needy
caretaker relatives.
   (b) (1) The parent or parents shall be considered living with the
needy child or needy children for a period of up to 180 consecutive
days of the needy child's or children's absence from the family
assistance unit and the parent or parents shall be eligible for
services under this chapter including services funded under Sections
15204.2 and 15204.8 if all of the following conditions are met:
   (A) The child has been removed from the parent or parents and
placed in out-of-home care.
   (B) When the child was removed from the parent or parents, the
family was receiving aid under this section.
   (C) The county has determined that the provision of services under
this chapter including services funded under Sections 15204.2 and
15204.8, is necessary for reunification.
   (2) For purposes of this subdivision, the parent or parents shall
not be eligible for any payment of aid under Section 11450.
   (c) The department shall revise its state Temporary Assistance for
Needy Families plan to incorporate the provisions of subdivision (b)
and to incorporate the good cause exception provisions authorized by
paragraph (10) of subsection (a) of Section 608 of Title 42 of the
United States Code with respect to cases where reunification occurs
after 180 consecutive days from the date of the removal of the child
or children from the home.
11204.  Nothing in this chapter shall be construed as authorizing
any public official, agent, or representative, in carrying out any of
the provisions of this chapter, to take charge of any child over the
objection of either of the parents of such child, or of the person
standing in the place of a parent to such child, except pursuant to a
proper court order.
11205.  The Legislature finds and declares that the family unit is
of fundamental importance to society in nurturing its members,
passing on values, averting potential social problems, and providing
the secure structure in which citizens live out their lives.  Each
family unit has the right and responsibility to provide for its own
economic security by full participation in the work force to the
extent possible.  Each family has the right and responsibility to
provide sufficient support and protection of its children, to raise
them according to its values and to provide every opportunity for
educational and social progress.
11206.  In case of dispute, the application and supporting documents
pertaining to his case on file in the department or on file in any
county office shall be open to inspection at any time during business
hours by the applicant or recipient or his attorney or agent.
11207.  Every county shall grant aid to any child eligible therefor,
in any amount needed, not to exceed the amount specified in Section
11450, and shall administer this chapter in such a manner as to
achieve the greatest possible reduction of dependency and to promote
the rehabilitation of recipients.  At the time of application the
county department shall discuss parental responsibility with the
applicant.
11208.  Caseworker services shall be made available immediately to
an applicant for aid under this chapter upon the filing of his
application.
11209.  The department shall make rules and regulations for the
proper maintenance and care of needy children and for the
administration of Aid to Families with Dependent Children.  Such
rules and regulations shall be binding upon the institutions, county
welfare departments and any public or private agency that is
responsible for the placement and care of a child receiving AFDC-FC.
   The department may inquire at any time into the management of any
institution or public or private agency receiving aid on behalf of
children under their placement and care in accordance with the
provisions of this chapter or into the management by any county of
Aid to Families with Dependent Children.
   If an institution, public or private agency or a county fails to
comply promptly with the provisions of this chapter and the rules and
regulations of the department cannot be enforced in any other
manner, the institution, public or private agency or county failing
or refusing to comply with such provisions, rules, and regulations,
or to permit the inquiry provided for in this section, shall not
thereafter receive aid under the provisions of this chapter until it
has complied with all such provisions, rules, and regulations and has
permitted the inquiry by the department, if such inquiry is
demanded.
11210.  The department shall make such reports, in such form and
containing such information, as the United States Department of
Health and Human Services from time to time requires, and shall
comply with such provisions as that department from time to time
finds necessary to assure correctness and verification of such
reports.  County welfare departments and any public or private agency
receiving aid on behalf of children under their placement and care
in accordance with the provisions of this chapter shall provide the
department with all information and statistics required to compile
the reports.
11211.  Rehabilitation or employment training or job placement made
pursuant to any program of rehabilitation or job development and
placement operated by a county welfare department or by any state
agency shall not be considered completed, and the recipient shall be
considered to remain unemployed, until such time as the recipient
receives from his earnings an income equivalent to the amount of
income which he and his family are entitled to receive pursuant to
provisions of this chapter.
   This section shall be operative only on a demonstration project
basis in a single, urban county selected by the department, and only
during such time as the Secretary of Health, Education and Welfare
has waived compliance with Section 402 of the Social Security Act as
permitted by Section 1115 of that act.
11212.  The state, through the county welfare department, shall
reimburse the foster parent or foster parents for the cost of the
burial plot and funeral expenses incurred for any child who, at the
time of death, is receiving foster care, as defined in Section 11251,
to the extent that the foster parent or foster parents are not
otherwise reimbursed for costs incurred for such purposes.  The
state, through the county welfare department, shall pay the burial
costs and funeral expenses directly to the funeral home and the
burial plot owner when one of the following conditions exists:  (a)
the foster parent or foster parents request such direct payment or
(b) the child's death is due to alleged criminal negligence or other
alleged criminal action on the part of the foster parent or foster
parents.  The foster parent, or the funeral home and burial plot
provider, shall file a claim for reimbursement of costs with the
county welfare department at the time and in the manner specified by
the department.  The county welfare department shall pay such claims
in an amount not to exceed the level of reimbursement allowed by the
State Board of Control for burial costs and funeral expenses under
its Victims of Violent Crimes program, which is contained in Article
1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division
3 of Title 2 of the Government Code.  Claims for the burial costs and
funeral expenses for a foster child shall be paid out of funds
appropriated annually to the department for such purposes.
11213.  For the purpose of developing a more efficient, effective,
and equitable Aid to Families With Dependent Children-Foster Care
program, the department shall develop:
   (a) A management information database providing expenditure and
caseload characteristics information, such as method of entry into
AFDC-FC, average cost of placement, type of facility used for
placement, and average length of stay in placement.
   (b) A quality control system for AFDC-FC, and recommendations to
the Legislature regarding resources required for implementation of
the system by October 1, 1980.
   (c) Recommendations to the Legislature regarding the following:
   (1) A system or systems for establishing payment levels for
children eligible to the AFDC-FC program.
   (2) Plans and resources required for implementation of the
selected system or systems by July 1, 1981.
   (d) Recommendations to the Legislature regarding defining that
segment of the population to be served by the AFDC-FC program, and
impact of such definition on the current AFDC-FC population.
11214.  (a) The department, with the advice and assistance of the
counties, shall develop performance standards for the AFDC-FC program
for submission to the Joint Legislative Budget Committee by January
1, 1981.  The Joint Legislative Budget Committee shall review and
comment on the performance standards by February 15, 1981.  After
considering the committee's comment and review, the department shall
adopt performance standards by regulation no later than April 15,
1981. The performance standards shall be measurable objectives for
the AFDC-FC program.
   Any county which does not meet the performance standards shall be
liable for up to the total amount of nonfederal expenditures for aid
payments pursuant to subdivision (b) of Section 15200 as determined
by the director.
   (b) No county shall be reimbursed for any percentage increases in
the payments to any group home which exceed the percentage
cost-of-living increase provided in any fiscal year beginning on or
after July 1, 1979, to persons eligible for aid under this chapter
and who meet the conditions of this subdivision.  This subdivision
shall remain in effect  until July 1, 1983.
11215.  (a) The department, with the advice and assistance of the
County Welfare Directors' Association, the Chief Probation Officers'
Association, the California Conference of Local Mental Health
Directors, and foster care providers, shall develop performance
standards and outcome measures for determining the appropriateness of
out-of-home care placements made under the AFDC-Foster Care program
and for the effective and efficient administration of the AFDC-Foster
Care program.  These performance standards shall link county
administration of the AFDC-Foster Care program to the state funding
of the AFDC-Foster Care program as specified in subdivision (c) of
Section 15200.
   (b) (1) The performance standards required by this section shall
be developed by July 1, 1993, and shall use the Child Welfare
Services Case Management System as the database by which to collect
county specific information.  The performance standards shall be
designed to measure each county's performance in all of the areas
over which the county has some degree of influence and other areas of
measurable program performance that the department can demonstrate
as areas over which county welfare and probation departments have
adequate resources and can demonstrate meaningful managerial or
administrative influence.  These areas may include accuracy of
eligibility determination, stability of foster care placement,
appropriateness of level of care provided, compliance with statutory
timeliness, and compliance with data reporting requirements.  The
performance standards system shall include, but not be limited to,
outcome measures reflective of county placing agencies' use of the
Level of Care Assessment Instrument specified in Section 11467.
   (2) The performance standards system shall be implemented in
conjunction with the implementation of the Child Welfare Services
Case Management System.  If the Child Welfare Services Case
Management System is not implemented by July 1, 1993, as specified in
Section 16501.5, the implementation of the performance standards
system, as specified in paragraphs (4) and (5), shall be moved to a
date two years after the date of implementation of the Child Welfare
Services Case Management System.
   (3) Regulations regarding the implementation of the performance
standards system shall be adopted no later than July 1, 1994.  These
regulations shall specify both the performance standards system and
the manner by which the percentage of state reimbursement to each
county for the AFDC-Foster Care program shall be determined.
   (4) Effective July 1, 1995, any county that does not meet the
performance standards shall be liable for a decrease in the
percentage of state reimbursement for the AFDC-Foster Care program to
the amounts specified in paragraph (2) of subdivision (c) of Section
15200.  This amount will be determined by the department at the
start of each fiscal year, beginning with fiscal year 1995-96,
pursuant to regulations developed as specified in paragraph (4).