2009 California Welfare and Institutions Code - Section 11320-11329.5 :: Article 3.2. Welfare-to-work Activities

11320.  Any reference to the Greater Avenues for Independence
program or (GAIN) shall mean the welfare-to-work activities under the
CalWORKs program provided for in this article.

11320.1.  Subsequent to the commencement of the receipt of aid under
this chapter, the sequence of employment related activities required
of participants under this article, unless exempted under Section
11320.3, shall be as follows:
   (a) Job search.  Recipients shall, and applicants may, at the
option of a county and with the consent of the applicant, receive
orientation to the welfare-to-work program provided under this
article, receive appraisal pursuant to Section 11325.2, and
participate in job search and job club activities provided pursuant
to Section 11325.22.
   (b) Assessment.  If employment is not found during the period
provided for pursuant to subdivision (a), or at any time the county
determines that participation in job search for the period specified
in subdivision (a) of Section 11325.22 is not likely to lead to
employment, the participant shall be referred to assessment, as
provided for in Section 11325.4. Following assessment, the county and
the participant shall develop a welfare-to-work plan, as specified
in Section 11325.21. The plan shall specify the activities provided
for in Section 11322.6 to which the participant shall be assigned,
and the supportive services, as provided for pursuant to Section
11323.2, with which the recipient will be provided.
   (c) Work activities.  A participant who has signed a
welfare-to-work plan pursuant to Section 11325.21 shall participate
in work activities. Except as provided in Section 11325.23, at least
20 hours per week shall be spent in core activities, as specified in
subdivision (c) of Section 11322.8.

11320.15.  After a participant has received aid for a total of 60
months, pursuant to Section 11454, he or she shall be removed from
the assistance unit for the purposes of calculation of aid under
Section 11450 and he or she shall no longer be required to
participate in welfare-to-work activities. Additional welfare-to-work
services may be provided to the recipient, at the option of the
county. If the county provides services to the recipient after the
60-month limit has been reached, the recipient shall participate in
community service.

11320.2.  (a) Commencing July 1, 2011, subject to subdivision (g),
the county shall conduct self-sufficiency reviews with all aided
caretaker relatives and the adult caretaker or minor parent
head-of-household in child-only cases, except for individuals who are
exempt from welfare-to-work activities pursuant to Section 11320.3.
Reviews shall be conducted every six months, except as otherwise
provided in this subdivision. For an assistance unit determined to be
eligible under this chapter on or after July 1, 2011, reviews shall
be conducted at the end of the assistance unit's second and fourth
quarterly reporting periods. The review at the fourth quarterly
reporting period shall be conducted with the annual redetermination,
on the same day and in the same location. The notice, scheduling, and
accommodation requirements used for the annual redetermination shall
be utilized uniformly for the self-sufficiency reviews. For an
assistance unit determined to be eligible under this chapter prior to
July 1, 2011, reviews shall be conducted starting at the end of each
assistance unit's second quarterly reporting period and with the
next regularly scheduled redetermination, and then annually
thereafter.
   (b) The county shall provide notification to individuals for whom
a review has been scheduled, not less than 60 calendar days prior to
the appointment, and provide for a process for rescheduling, if
necessary, on a date not to exceed 20 calendar days beyond the
scheduled review.
   (c) Self-sufficiency reviews shall be conducted by a county social
worker or employment services worker.
   (d) The purposes of the self-sufficiency review are to determine
barriers to participation, including those that may establish the
basis for an exemption, to assess needed services and resources, and
to provide tools to connect the recipient with the needed services
and activities in order to increase his or her work or community
service participation pursuant to Section 11320.
   (e) (1) If the recipient fails to attend the review, the county
shall provide the recipient with a notice that the county shall
reduce the recipient's benefits by 50 percent after 30 calendar days,
unless the participant has complied or provided good cause. Prior to
reducing benefits by 50 percent, the county shall attempt to make
personal contact, consistent with current practice as exercised for
the annual redetermination, to remind the recipient that attending
the self-sufficiency review is required, or, if contact is not made,
shall send a reminder notice to the recipient no later than five days
prior to the end of the 30-calendar day period. The county may
determine at any time prior to reducing benefits by 50 percent for
failure to attend the self-sufficiency review, or after the sanction
has been imposed, that a recipient had good cause for failing to
attend the self-sufficiency review. A notice regarding a 50-percent
reduction in benefits shall be rescinded when the self-sufficiency
review is completed.
   (2) If the participant is found to not comply with the requirement
to attend the self-sufficiency review, the benefits shall be reduced
by 50 percent.
   (3) The county may determine, at any time prior to the end of the
30-calendar day period following the reduction of benefits by 50
percent for failure to attend the self-sufficiency review, or after
the sanction has been imposed, that a recipient had good cause for
failing to attend the review. If the county finds a recipient had
good cause, it shall rescind the reduction in benefits notice. Good
cause exists only when the recipient cannot reasonably be expected to
fulfill his or her responsibilities, due to factors beyond the
recipient's control.
   (f) Not later than January 1, 2013, the county shall provide the
department with an evaluation of the implementation of the
self-sufficiency reviews that addresses the effectiveness of the
reviews in meeting the goals stated in subdivision (d). Upon receipt
of all of the county evaluations, the department shall forward the
evaluations to the relevant fiscal and policy committees of the
Legislature for review.
   (g) An aided adult who is fully meeting the hours of participation
required of CalWORKs recipients under applicable state law shall not
be subject to self-sufficiency reviews.
   (h) A review conducted in accordance with this section that occurs
at either the 42nd or 54th month of aid pursuant to Section 11454
shall include all of the components specified in subdivision (a), and
shall also include information and a warning to the individual
regarding the upcoming consequences of reaching the 48-month or
60-month time limits, depending on the specific circumstances of the
case. The review shall occur six months before the applicable time
limit. However, if a recipient returns to aided status when fewer
than six months remain before the 60-month time limit, he or she
shall receive a review under this section within a reasonable time
prior to the 60th month, as determined by the county.
   (i) This section shall become operative on July 1, 2011.

11320.3.  (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
   (2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
   (b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
   (1) An individual under 16 years of age.
   (2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
   (B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
   (C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age who has obtained a high school diploma or its equivalent
and is enrolled or is planning to enroll in a postsecondary
education, vocational, or technical school training program shall
also not be required to participate for so long as the condition
continues to exist.
   (D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided
or obtained by the county.
   (3) An individual who meets either of the following conditions:
   (A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.
   (B) The individual is of advanced age.
   (4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
   (5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
   (6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).
   (A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
   (ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may be
extended on a case-by-case basis to six months, based on criteria
developed by the county.
   (iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
   (I) The availability of child care.
   (II) Local labor market conditions.
   (III) Other factors determined by the county.
   (B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.
   (7) A parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
   (8) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate.
   (c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
   (d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is subparagraph (A) of paragraph (6) of subdivision (b),
shall be required to participate solely for the purpose of earning a
high school diploma or its equivalent. During the time that Article
3.5 (commencing with Section 11331) is operative, this subdivision
shall only apply to a custodial parent who is 19 years of age.
   (2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
   (e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
   (1) Lack of necessary supportive services.
   (2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
   (3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
   (g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on July 1, 2011.
   (2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, shall develop
a process prior to January 1, 2011, to assist clients with
reengagement in welfare-to-work activities by July 1, 2001.
Reengagement activities may include notifying clients of the
expiration of exemptions, potential reassessments, and identifying
necessary supportive services.

11320.31.  Sanctions shall not be applied for a failure or refusal
to comply with program requirements for reasons related to
employment, an offer of employment, an activity, or other training
for employment including, but not limited to, the following reasons:
   (a) The employment, offer of employment, activity, or other
training for employment discriminates on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
   (b) The employment or offer of employment exceeds the daily or
weekly hours of work customary to the occupation.
   (c) The employment, offer of employment, activity, or other
training for employment requires travel to and from the place of
employment, activity, or other training and one's home that exceeds a
total of two hours in round-trip time, exclusive of the time
necessary to transport family members to a school or place providing
care, or, when walking is the only available means of transportation,
the round-trip is more than two miles, exclusive of the mileage
necessary to accompany family members to a school or a place
providing care. An individual who fails or refuses to comply with the
program requirements based on this subdivision shall be required to
participate in community service activities pursuant to Section
11322.9.
   (d) The employment, offer of employment, activity, or other
training for employment involves conditions that are in violation of
applicable health and safety standards.
   (e) The employment, offer of employment, or work activity does not
provide for workers' compensation insurance.
   (f) Accepting the employment or work activity would cause an
interruption in an approved education or job training program in
progress that would otherwise lead to employment and sufficient
income to be self-supporting, excluding work experience or community
service employment as described in subdivisions (d) and (j) of
Section 11322.6 and Section 11322.9 or other community work
experience assignments, except that a recipient may be required to
engage in welfare-to-work activities to the extent necessary to meet
the hours of participation required by Section 11322.8.
   (g) Accepting the employment, offer of employment, or work
activity would cause the individual to violate the terms of his or
her union membership.

11320.32.  (a) The department shall administer a voluntary Temporary
Assistance Program (TAP) for current and future CalWORKs recipients
who meet the exemption criteria for work participation activities set
forth in Section 11320.3, and are not single parents who have a
child under the age of one year. Temporary Assistance Program
recipients shall be entitled to the same assistance payments and
other benefits as recipients under the CalWORKs program. The purpose
of this program is to provide cash assistance and other benefits to
eligible families without any federal restrictions or requirements
and without any adverse impact on recipients. The Temporary
Assistance Program shall commence no later than October 1, 2011.
   (b) CalWORKs recipients who meet the exemption criteria for work
participation activities set forth in subdivision (b) of Section
11320.3, and are not single parents with a child under the age of one
year, shall have the option of receiving grant payments, child care,
and transportation services from the Temporary Assistance Program.
The department shall notify all CalWORKs recipients and applicants
meeting the exemption criteria specified in subdivision (b) of
Section 11320.3, except for single parents with a child under the age
of one year, of their option to receive benefits under the Temporary
Assistance Program. Absent written indication that these recipients
or applicants choose not to receive assistance from the Temporary
Assistance Program, the department shall enroll CalWORKs recipients
and applicants into the program. However, exempt volunteers shall
remain in the CalWORKs program unless they affirmatively indicate, in
writing, their interest in enrolling in the Temporary Assistance
Program. A Temporary Assistance Program recipient who no longer meets
the exemption criteria set forth in Section 11320.3 shall be
enrolled in the CalWORKs program.
   (c) Funding for grant payments, child care, transportation, and
eligibility determination activities for families receiving benefits
under the Temporary Assistance Program shall be funded with General
Fund resources that do not count toward the state's maintenance of
effort requirements under clause (i) of subparagraph (B) of paragraph
(7) of subdivision (a) of Section 609 of Title 42 of the United
States Code, up to the caseload level equivalent to the amount of
funding provided for this purpose in the annual Budget Act.
   (d) It is the intent of the Legislature that recipients shall have
and maintain access to the hardship exemption and the services
necessary to begin and increase participation in welfare-to-work
activities, regardless of their county of origin, and that the number
of recipients exempt under subdivision (b) of Section 11320.3 not
significantly increase due to factors other than changes in caseload
characteristics. All relevant state law applicable to CalWORKs
recipients shall also apply to families funded under this section.
Nothing in this section modifies the criteria for exemption in
Section 11320.3.
   (e) To the extent that this section is inconsistent with federal
regulations regarding implementation of the Deficit Reduction Act of
2005, the department may amend the funding structure for exempt
families to ensure consistency with these regulations, not later than
30 days after providing written notification to the chair of the
Joint Legislative Budget Committee and the chairs of the appropriate
policy and fiscal committees of the Legislature.

11321.6.  (a) A county plan may provide that the program provided
for in this article shall apply to recipients of aid under Part 5
(commencing with Section 17000), except that no funds appropriated
for purposes of this article shall be utilized for purposes of
applying this article to these individuals.
   (b) A county plan may also provide that the program provided for
in this article shall apply to refugees receiving Refugee Cash
Assistance.
   (c) The county shall maintain separate accounting records of
expenditures related to applicants for, and recipients of, aid under
this chapter, and for the individuals to whom the program applies
pursuant to subdivisions (a) and (b). If a county elects to apply the
program provided for in this article to refugees receiving Refugee
Cash Assistance or to refugee recipients of aid under Part 5
(commencing with Section 17000), costs of applying the program shall
be funded from the county's federal social services and targeted
assistance allocation as provided for under Chapter 5.5 (commencing
with Section 13275).
   (d) If, pursuant to subdivision (a), a county elects to apply the
program provided for in this article to refugees or to recipients of
aid under Part 5 (commencing with Section 17000), these individuals
shall have the same rights, duties, and responsibilities that a
participant has who is an applicant for, or a recipient of, aid under
this chapter. Any participation by general assistance recipients
shall not constitute any actual or implied responsibility for, or
assumption of, costs of general assistance by the state.

11322.2.  Counties shall continually monitor their program
expenditures throughout the fiscal year. If a county determines that
its anticipated expenditures will exceed the amount of that year's
allocations as a result of an unexpected event, including caseload
increases, court cases, or significant justifiable increases in
component costs, the county shall immediately notify the department.

11322.4.  It is the intent of the Legislature to fund
welfare-to-work activities under this article so that all recipients
of aid under this chapter for whom participation under this article
is required can be served and, in addition, so that recipients
voluntarily participating under this article can be served.

11322.5.  (a) It is the intent of the Legislature to do each of the
following:
   (1) Maximize the ability of CalWORKs recipients to benefit from
the federal Earned Income Tax Credit (EITC), including retroactive
EITC credits and the Advance EITC, take advantage of the
earned-income disregard to increase their federal Food Stamp Program
benefits, and accumulate credit toward future social security income.
   (2) Educate and empower all CalWORKs participants who receive the
federal EITC to save or invest part or all of their credits in
instruments such as individual development accounts, 401(k) plans,
403(b) plans, IRAs, 457 plans, Coverdell ESA plans, restricted
accounts pursuant to subdivision (a) of Section 11155.2, or 529
plans, and to take advantage of the federal Assets for Independence
program and other matching funds, tools, and training available from
public or private sources, in order to build their assets.
   (b) It is the intent of the Legislature that counties encourage
CalWORKs recipients to participate in activities that will maximize
their receipt of the EITC. To this end, counties may do all of the
following:
   (1) Structure welfare-to-work activities pursuant to subdivisions
(a) to (j), inclusive, of Section 11322.6 to give recipients the
option of maximizing the portion of their CalWORKs benefits that
meets the definition of "earned income" in Section 32(c)(2) of the
Internal Revenue Code.
   (2) Inform CalWORKs recipients of each of the following:
   (A) That earned income, either previous or future, may make them
eligible for the federal EITC, including retroactive EITC credits and
the Advance EITC, increase their federal Food Stamp Program
benefits, and accumulate credit toward future social security income.
   (B) That recipients, as part of their welfare-to-work plans, have
the option of engaging in subsidized employment and grant-based
on-the-job training, as specified in Section 11322.6, and that
participating in these activities will increase their earned income
to the extent that they meet the requirements of federal law.
   (C) That receipt of the federal EITC does not affect their
CalWORKs grant and is additional tax-free income for them.
   (D) That a CalWORKs recipient who receives the federal EITC may
invest these funds in an individual development account, 401(k) plan,
403(b) plan, IRA, 457 plan, 529 college savings plan, Coverdell ESA,
or restricted account, and that investments in these accounts will
not make the recipient ineligible for CalWORKs benefits or reduce the
recipient's CalWORKs benefits.
   (3) At each regular eligibility redetermination, the county shall
ask a recipient whether the recipient is eligible for and takes
advantage of the EITC. If the recipient may be eligible and does not
participate, the county shall give the recipient the federal EITC
form and encourage and assist the recipient to take advantage of it.
   (c) (1) No later than December 1, 2008, the State Department of
Social Services shall develop guidelines that counties may adopt to
carry out the intent of this section and shall present options to the
Governor and Legislature for any legislation necessary to further
carry out the intent of this section.
   (2) In developing the guidelines and legislative options, the
department shall consult and convene at least one meeting of
subject-matter experts, including representatives from the Assembly
and Senate Committees on Human Services, Assets for All Alliance,
Asset Policy Initiative of California, California Budget Project,
California Catholic Conference, California Council of Churches,
California Family Resource Association, California State Association
of Counties, CFED, County Welfare Directors Association of
California, Federal Reserve Bank of San Francisco, Legislative
Analyst's Office, Lifetime, National Council of Churches, Insight
Center for Community Economic Development, New America Foundation,
Public Policy Institute of California, University of California at
Los Angeles School of Law, United States Internal Revenue Service,
and Western Center on Law and Poverty. Nothing in this section
requires the department to compensate or pay expenses for any person
it consults or invites to the meeting or meetings.

11322.6.  The welfare-to-work plan developed by the county welfare
department and the participant pursuant to this article shall provide
for welfare-to-work activities. Welfare-to-work activities may
include, but are not limited to, any of the following:
   (a) Unsubsidized employment.
   (b) Subsidized private sector employment.
   (c) Subsidized public sector employment.
   (d) Work experience, which means public or private sector work
that shall help provide basic job skills, enhance existing job skills
in a position related to the participant's experience, or provide a
needed community service that will lead to employment. Unpaid work
experience shall be limited to 12 months, unless the county welfare
department and the recipient agree to extend this period by an
amendment to the welfare-to-work plan. The county welfare department
shall review the work experience assignment as appropriate and make
revisions as necessary to ensure that it continues to be consistent
with the participant's plan and effective in preparing the
participant to attain employment.
   (e) On-the-job training.
   (f) (1) Grant-based on-the-job training, which means public or
private sector employment or on-the-job training in which the
recipient's cash grant, or a portion thereof, or the aid grant
savings resulting from employment, or both, is diverted to the
employer as a wage subsidy to partially or wholly offset the payment
of wages to the participant, so long as the total amount diverted
does not exceed the family's maximum aid payment.
   (2) A county shall not assign a participant to grant-based
on-the-job training unless and until the participant has voluntarily
agreed to participate in grant-based on-the-job training by executing
a voluntary agreement form, which shall be developed by the
department. The agreement shall include, but not be limited to,
information on the following:
   (A) How job termination or another event will not result in loss
of the recipient's grant funds, pursuant to department regulations.
   (B) (i) How to obtain the federal Earned Income Tax Credit (EITC),
including the Advance EITC, and increased Food Stamp Program
benefits, which may become available due to increased earned income.
   (ii) This subparagraph shall only become operative when and to the
extent that the department determines that it reflects current
federal law and Internal Revenue Service regulations.
   (C) How these financial supports should increase the participant's
current income and how increasing earned income should increase the
recipient's future social security income.
   (3) Grant-based on-the-job training shall include community
service positions pursuant to Section 11322.9.
   (4) Any portion of a wage from employment that is funded by the
diversion of a recipient's cash grant, or the grant savings from
employment pursuant to this subdivision, or both, shall not be exempt
under Section 11451.5 from the calculation of the income of the
family for purposes of subdivision (a) of Section 11450.
   (g) Supported work or transitional employment, which means forms
of grant-based on-the-job training in which the recipient's cash
grant, or a portion thereof, or the aid grant savings from
employment, is diverted to an intermediary service provider, to
partially or wholly offset the payment of wages to the participant.
   (h) Workstudy.
   (i) Self-employment.
   (j) Community service.
   (k) Adult basic education, which shall include reading, writing,
arithmetic, high school proficiency, or general educational
development certificate of instruction, and
English-as-a-second-language. Participants under this subdivision
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
participants pursuant to Section 33117.5 of the Education Code.
   (l) Job skills training directly related to employment.
   (m) Vocational education and training, including, but not limited
to, college and community college education, adult education,
regional occupational centers, and regional occupational programs.
   (n) Job search and job readiness assistance, which means providing
the recipient with training to learn job seeking and interviewing
skills, to understand employer expectations, and learn skills
designed to enhance an individual's capacity to move toward
self-sufficiency, including financial management education.
   (o) Education directly related to employment.
   (p) Satisfactory progress in 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, substance abuse, and domestic violence
services, described in Sections 11325.7 and 11325.8, and Article 7.5
(commencing with Section 11495), that are necessary to obtain and
retain employment.
   (r) Other activities necessary to assist an individual in
obtaining unsubsidized employment.
   Assignment to an educational activity identified in subdivisions
(k), (m), (o), and (p) is limited to those situations in which the
education is needed to become employed.

11322.61.  (a) Except as provided in subdivisions (c) and (d) of
Section 11327.5, if there is any interruption in receipt of income
for an employee in a grant-based on-the-job training program, as
provided for pursuant to subdivision (j) of Section 11322.6, that is
caused by an employer's conduct, the county shall ensure that a
recipient receives 100 percent of the maximum aid payment, not
counting the unpaid wages, that the assistance unit is eligible to
receive. The payment shall be made as a supplemental grant payment.
The county shall act to recover from the employer any amount of the
grant diverted to the employer that was not paid as wages to the
recipient. The agreement between the county and the employer
pertaining to grant-based on-the-job training shall state that the
county will take action to collect from the employer the amount of
the grant diverted to the employer that was not paid as wages to the
recipient.
   (b) Pursuant to subdivision (f) of Section 11322.6, counties using
grant-based on-the-job training shall monitor employers
participating in grant-based on-the-job training, and shall cancel
the participation of employers who demonstrate, over time, any of the
following:
   (1) An unwillingness to hire recipients who have participated in
grant-based on-the-job training with that employer.
   (2) An inability to provide job skills that enable participants to
obtain nonsubsidized employment with other employers.

11322.62.  Employers, sponsors of training activities, and
contractors shall not discriminate against participants on any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as otherwise provided in Section 12940 of the
Government Code.

11322.63.  (a) For counties that implement a welfare-to-work plan
that includes activities pursuant to subdivisions (b) and (c) of
Section 11322.6, the State Department of Social Services shall pay
the county 50 percent of the participant's wage subsidy, subject to
both of the following conditions:
   (1) The state's share in wage subsidies shall not exceed 50
percent of the maximum aid payment for the assistance unit, which
includes the adult receiving the wage subsidy.
   (2) State participation in wage subsidies pursuant to this section
shall be limited to those county programs that provide a maximum of
six months of wage subsidies for each participant.
   (b) No later than January 10, 2011, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
   (1) The number of CalWORKs recipients that entered subsidized
employment.
   (2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
   (3) The earnings of the program participants before and after the
subsidy.
   (4) The impact of this program on the state's work participation
rate.
   (c) Payment of the state's share in wage subsidies required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2.

11322.64.  (a) Section 11322.63 shall be inoperative during the
period commencing on the day the act that added this section takes
effect until September 30, 2010, inclusive, unless the State
Department of Social Services determines that Section 10545 is
suspended, implementation of Section 10545 is significantly delayed,
or counties are otherwise prevented by the state or federal
government from receiving reimbursement for subsidized employment
expenditures that are authorized and in compliance with Section 2101
of the American Recovery and Reinvestment Act of 2009 (Public Law
111-5).
   (b) In accordance with subdivision (a), the deadline for the
report required by subdivision (c) of Section 11322.63 shall be
extended by two years.

11322.65.  (a) Unless otherwise specified in this chapter,
assignment to any activity otherwise authorized under this article
shall be limited in any county to the number or percentage of
participants specified under Section 407 of the federal Social
Security Act (42 U.S.C. Sec. 607) and subsequent amendments thereto,
unless the recipient is concurrently participating in any activities
that will count for the required number of hours of participation
under federal law.
   (b) Subdivision (a) shall not apply if the statewide percentage,
as determined by the department, is less than the limits described in
federal law.

11322.7.  (a) Every county shall provide an adequate range of those
activities described in Section 11322.6 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.
   (b) No plan shall require job search and work experience of
participants to the exclusion of a range of activities to be offered
to recipients.

11322.8.  (a) Unless otherwise exempt, an adult recipient in a
one-parent assistance unit shall participate in welfare-to-work
activities for 32 hours each week.
   (b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
at least 35 hours of welfare-to-work activities each week. However,
both parents in a two-parent assistance unit may contribute to the 35
hours if at least one parent meets the federal one-parent work
requirement applicable on January 1, 1998.
   (c) An adult recipient required to participate under subdivision
(a) or (b) shall participate for at least 20 hours each week in core
welfare-to-work activities. The welfare-to-work activities listed in
subdivisions (a) to (j), inclusive, and (m) and (n) of Section
11322.6, are core activities for the purposes of this section.
Participation in core activities under subdivision (m) of Section
11322.6 shall be limited to a total of 12 months. Additional hours
that the applicant or recipient is required to participate under
subdivisions (a) or (b) of this section may be satisfied by any of
the welfare-to-work activities described in Section 11322.6 that are
consistent with the assessment performed in accordance with Section
11325.4, and included in the individual's welfare-to-work plan,
described in Section 11325.21.
   (d) Hours spent in activities listed under subdivision (q) of
Section 11322.6 shall count toward the core activity requirement in
subdivision (c) to the extent that these activities are necessary to
enable the individual to participate in core activities and to the
extent these activities cannot be accomplished within the additional
noncore hours of participation required by subdivision (c).
   (e) Hours spent in classroom, laboratory, or internship activities
pursuant to subdivisions (k), (l), (o), and (p) of Section 11322.6
shall count toward the core activity requirement in subdivision (c)
to the extent these activities cannot be accomplished within the
additional noncore hours of participation, the county determines the
program is likely to lead to self-supporting employment, and the
recipient makes satisfactory progress. The provisions in paragraph
(2), and subparagraphs (A) and (B) of paragraph (3), of subdivision
(a) of Section 11325.23 shall apply to participants in these
activities.
   (f) Spending hours in any or all of the activities specified in
subdivision (r) of Section 11322.6 shall not make a recipient
ineligible to count activities set forth in subdivisions (d) and (e)
toward the core activities requirements, as appropriate.

11322.9.  (a) Community service activities shall meet all of the
following criteria:
   (1) Be performed in the public and private nonprofit sector.
   (2) Provide participants with job skills that can lead to
unsubsidized employment.
   (3) Comply with the antidisplacement provisions contained in
Section 11324.6.
   (b) Participants in community service activities shall do all of
the following:
   (1) Participate in a community service activity for the number of
hours required by Section 11322.8, unless fewer hours of community
service participation are required by federal law.
   (2) Participate in other work activities for the number of hours
equal to the difference between the hours of participation in
community service and the number of hours of participation required
under Section 11322.8.
   (c) The county plan pursuant to Section 10531 shall include a
component, developed by the county in collaboration with local
private sector employers, local education agencies, county welfare
departments, organized labor, recipients of aid under this chapter,
and government and community-based organizations providing job
training and economic development, in order to identify all of the
following:
   (1) Unmet community needs that could be met through community
service activities.
   (2) The target population to be served.
   (3) Entities responsible for project development, fiscal
administration, and case management services.
   (4) The terms of community service activities, that, to the extent
feasible, shall be temporary and transitional, and not permanent.
   (5) Supportive efforts, including job search, education, and
training, which shall be provided to participants in community
service activities.
   (6) If the county intends to include grant-based on-the-job
training in its community service plan, the process by which the
county will comply with the voluntary consent form requirement
established in subdivision (f) of Section 11322.6, including a list
of the languages in which the consent form will be available.
   (d) Aid under this chapter for any participant who fails to comply
with the requirements of this section without good cause shall be
reduced in accordance with Section 11327.5.

11323.2.  (a) Necessary supportive services shall be available to
every participant in order to participate in the program activity to
which he or she is assigned or to accept employment or the
participant shall have good cause for not participating under
subdivision (f) of Section 11320.3. As provided in the
welfare-to-work plan entered into between the county and participant
pursuant to this article, supportive services shall include all of
the following:
   (1) Child care.
   (A) Paid child care shall be available to every participant with a
dependent child in the assistance unit who needs paid child care if
the child is 10 years of age or under, or requires child care or
supervision due to a physical, mental, or developmental disability or
other similar condition as verified by the county welfare
department, or who is under court supervision.
   (B) To the extent funds are available paid child care shall be
available to a participant with a dependent child in the assistance
unit who needs paid child care if the child is 11 or 12 years of age.
   (C) Necessary child care services shall be available to every
former recipient for up to two years, pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
   (D) A child in foster care receiving benefits under Title IV-E of
the federal Social Security Act (42 U.S.C.A. Sec. 670 et seq.) or a
child who would become a dependent child except for the receipt of
federal Supplemental Security Income benefits pursuant to Title XVI
of the federal Social Security Act (42 U.S.C.A. Sec. 1381 et seq.)
shall be deemed to be a dependent child for the purposes of this
paragraph.
   (E) The provision of care and payment rates under this paragraph
shall be governed by Article 15.5 (commencing with Section 8350) of
Chapter 2 of Part 6 of the Education Code. Parent fees shall be
governed by subdivision (f) of Section 8263 of the Education Code.
   (2) Transportation costs, which shall be governed by regional
market rates as determined in accordance with regulations established
by the department.
   (3) Ancillary expenses, which shall include the cost of books,
tools, clothing specifically required for the job, fees, and other
necessary costs.
   (4) Personal counseling. A participant who has personal or family
problems that would affect the outcome of the welfare-to-work plan
entered into pursuant to this article shall, to the extent available,
receive necessary counseling or therapy to help him or her and his
or her family adjust to his or her job or training assignment.
   (b) If provided in a county plan, the county may continue to
provide case management and supportive services under this section to
former participants who become employed. 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 employment.

11323.3.  (a) It is the intent of the Legislature that all CalWORKs
applicants and recipients be aware of their potential liability for
child care payment, and that child care providers be promptly paid
for their services to eligible families.
   (b) An applicant for, or a recipient of, CalWORKs benefits shall
be provided written notice, both at the time of application and when
he or she signs an original or amended welfare-to-work plan, of the
availability of paid child care as provided in Section 11323.2. The
notice shall inform applicants and recipients of all of the
following:
   (1) Paid child care is available to allow them to be employed or
participate in welfare-to-work activities.
   (2) Assistance in finding and choosing a child care provider is
available.
   (3) A recipient is required to inform the county welfare
department of his or her need for paid child care as soon as that
need arises.
   (4) The recipient is required to request a child care subsidy from
the county within 30 days from the first day child care services are
received from each different provider, to be fully reimbursed for
child care services.
   (c) An applicant for, or recipient of, CalWORKs benefits shall be
required to sign a copy of the written notice acknowledging that he
or she has been informed of and understands the notice. The signed
notice shall be retained in the client's file.
   (d) No payment shall be made for child care services provided
pursuant to Section 8351 of the Education Code more than 30 days
prior to the recipient's initial request for payment for the child
care service from that provider, when the recipient received the
written notice provided in subdivision (b).
   (e) The department shall develop regulations to implement this
section.

11323.4.  (a) Payments for supportive services, as described in
Section 11323.2, shall be advanced to the participant, wherever
necessary, and when desired by the participant, so that the
participant need not use his or her funds to pay for these services.
Payments for child care services shall be made in accordance with
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.
   (b) The county welfare department shall take all reasonable steps
necessary to promptly correct any overpayment or underpayment of
supportive services payments to a recipient or a service provider,
including, but not limited to, all cases involving fraud and abuse,
consistent with procedures developed by the department.
   (c) Notwithstanding any other provision of this article, any
participant in on-the-job training who becomes ineligible for aid
under this chapter due to earned income or hours worked, shall remain
a participant in the program under this article for the duration of
the on-the-job training assignment and shall be eligible for
supportive services for the duration of the on-the-job training,
provided this duration does not exceed the time limits otherwise
applicable to the recipient.
   (d) Notwithstanding any other provision of this article, any
participant in on-the-job training, grant-based on-the-job training,
supported work, or transitional employment who remains eligible for
aid pursuant to this chapter, shall be eligible for transportation
and ancillary expenses pursuant to paragraphs (2) and (3) of
subdivision (a) of Section 11323.2.
   (e) (1) Participants shall be encouraged to apply for financial
aid, including educational grants, scholarships, and awards.
   (2) To the extent permitted by federal law, the county shall
coordinate with financial aid offices to establish procedures whereby
the educational expenses of participants are met through available
financial aid and the supportive services described in Section
11323.2. These procedures shall not result in duplication of
payments, and shall require determinations to be made on an
individual basis to ensure that using financial aid will not prevent
the person's participation in his or her welfare-to-work plan.
   (f) Notwithstanding Section 10850, for purposes of child care
supportive services, county welfare departments shall share
information necessary for the administration of the child care
programs and the CalWORKs program.

11323.6.  The department shall be responsible for supervising the
provision of child care by counties during stage one as described in
Sections 8350, 8351, and 8352 of the Education Code. Counties may
contract with public and private child care entities or providers for
this purpose.

11323.8.  Counties shall manage the participant's transition from
stage one to stage two child care pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code. If the county is operating stage two child care, the
county shall manage the participant's transition from stage two to
stage three pursuant to Article 15.5 (commencing with Section 8350)
of Chapter 2 of Part 6 of the Education Code.

11323.9.  Each county welfare department shall provide to the State
Department of Social Services, on a monthly basis, data regarding
child care usage and demand in stage one of child care services, as
described in Article 15.5 (commencing with Section 8350) of Chapter 2
of Part 6 of the Education Code, through which a recipient of aid
under this chapter, or any successor program, will pass. The specific
information needed for these reports may be specified by the
Department of Social Services or through provisions of the annual
Budget Act.

11324.  (a) If the county welfare department or a contractor pays
for child care services which are exempt from licensure, all of the
following information about the caregiver shall be on file with the
county welfare department or the contractor and shall be made
available to the participant:
   (1) The name and address of the care provider.
   (2) The address where care is to be provided.
   (3) The hours care is to be provided and the charge for this care.
   (4) The names, addresses, and telephone numbers of two character
references.
   (5) A copy of a valid California driver's license or other
identification to establish that the caregiver is at least 18 years
old.
   (6) A statement from the caregiver as to his or her health
education, experience or other qualification, criminal record, and
names and ages of other persons in the home or providing care.
   (b) The county welfare department or the contractor shall use
existing child care licensing or CalWORKs program procedures in
meeting the requirements of subdivision (a).
   (c) To the extent permitted by federal law, the county welfare
department shall deny payment, or cause the contractor to deny
payment, for child care services which are exempt from licensure if
either of the following apply:
   (1) The provider has been convicted of a violent felony, as
defined in subdivision (c) of Section 667.5 of the Penal Code.
   (2) The provider has been convicted of child abuse.
   (d) If the child care provider selected by the participant is
denied payment, the participant may have good cause for not
participating as specified in paragraph (3) of subdivision (f) of
Section 11320.3.

11324.4.  (a) The employer or sponsor of an employment or training
program position described in Section 11322.6 or 11322.9 or any
positions created under any county pilot project shall assist and
encourage qualified participants to compete for job openings
occurring within the sponsor's organization for which they qualify.
   (b) Workers assigned to public agencies shall be allowed to
participate in classified service examinations equivalent to the
positions they occupy, as well as all open and promotional
examinations for which experience in the position or other relevant
experience is qualifying under merit system rules. To the extent
permitted under federal or state law, local ordinance, or applicable
collective bargaining agreements, time worked in the positions shall
apply toward seniority in the merit public agency positions.

11324.5.  The county shall ensure that the labor union is notified
of the use of participants assigned to an employment or training
program position described in Section 11322.6 or 11322.9 or any
positions created under any county pilot project, in any location or
work activity controlled by an employer and covered by a collective
bargaining agreement between the employer and a union. For
nonunionized employees, procedures shall provide for notification to
employees of the use of participants under this article and the
availability of the grievance process. Display of a poster shall
satisfy this requirement.

11324.6.  Any employment or training program position described in
subdivisions (a) to (l), inclusive, of Section 11322.6 or Section
11322.9 or under any county pilot project, shall not be created as a
result of, or shall not result in, any of the following:
   (a) Displacement or partial displacement of current employees,
including, but not limited to, a reduction in hours of nonovertime
and overtime work, wages, or employment benefits.
   (b) The filling of positions which would otherwise be promotional
opportunities for current employees, except when positions are to be
filled through an open process in which recipients are provided equal
opportunity to compete.
   (c) The filling of a position, prior to compliance with applicable
personnel procedures or provisions of collective bargaining
agreements.
   (d) The filling of established unfilled public agency positions,
unless the positions are unfunded in a public agency budget.
   (e) The filling of a position created by termination, layoff, or
reduction in workforce, caused by the employer's intent to fill the
position with a subsidized position pursuant to this article.
   (f) A strike, lockout, or other bona fide labor dispute, or
violation of any existing collective bargaining agreement between
employees and employers.
   (g) The filling of a work assignment customarily performed by a
worker in a job classification within a recognized collective
bargaining unit in that specific worksite, or the filling of a work
assignment in any bargaining unit in which funded positions are
vacant or in which regular employees are on layoff.
   (h) The termination of a contract for services, prior to its
expiration date, that results in the displacement or partial
displacement of workers performing contracted services, caused by the
employer's intent to fill the position with a subsidized position
pursuant to this article.
   (i) The filling of a work assignment that results in not rehiring
a seasonal employee who has a history of regular seasonal employment
with an employer. The provisions of this subdivision shall apply only
to the construction industry.
   (j) The denial to a participant or employee of protections
afforded other workers on the worksite by state and federal laws
governing workplace health, safety, and representation.
   (k) Subdivisions (b), (d), and (g) shall not apply to unsubsidized
employment placements.

11324.7.  (a) The department shall provide a grievance process for
regular employees and their representatives who wish to file a
complaint that an assignment to community service, work experience,
on-the-job training, or any activity funded by grant-based on-the-job
training violates any of the displacement provisions contained in
Section 11324.6, as applicable, respecting any employment or training
position created pursuant to this article.
   (b) (1) The grievance process established pursuant to subdivision
(a) shall consist of an informal procedure followed by a hearing if
the informal procedure fails to resolve the complaint to the
satisfaction of the complainant.
   (2) The grievance and any available appeal process shall be
conducted in accordance with rules and notification requirements
adopted and promulgated in federal law.
   (3) The department shall issue instructions and requirements for
the grievance process.
   (c) The department shall administer the employee grievance process
either directly or through the county welfare departments, or may
enter into agreements with another state agency to administer all or
any part of the grievance process.
   (d) Notwithstanding subdivisions (b) and (c), the department shall
require the use of any existing grievance procedure that is part of
a collective bargaining agreement between the employer and the labor
union representing the regular employee, in lieu of the process
established by this section.
   (e) Remedies for complaining regular employees in the process
established by this section shall include, where appropriate,
reinstatement, retroactive pay, and retroactive benefits.

11324.8.  (a) At the time an individual applies for aid under this
chapter, or at the time a recipient's eligibility for aid is
determined, the county shall do all of the following:
   (1) Provide the individual, in writing and orally as necessary,
with at least the following program information:
   (A) A general description of the education, employment, and
training opportunities and the supportive services available,
including transitional benefits.
   (B) A description of the exemptions from required participation
provided under this article and the consequences of a refusal to
participate in program components, if not exempt.
   (C) A description of the responsibility of the participant to
cooperate in establishing paternity and enforcing child support
obligations, and to assist individuals in establishing paternity and
obtaining child support as a condition of eligibility.
   (2) Determine whether the individual is required to participate in
the program provided under this article.
   (b) At the time an individual is required to participate pursuant
to this article, he or she shall receive a written preliminary
determination that he or she is a member of a targeted group, for
purposes of any applicable and operative federal Targeted Jobs Tax
Credit and California Jobs Tax Credit.
   (c) Persons not required to participate may volunteer to
participate.
   (d) An applicant for, or a recipient of, aid who is dissatisfied
with the provisions of the welfare-to-work plan may seek redress
through the independent assessment process, as described in
subdivision (c) of Section 11325.4 or the state hearing or county
grievance process, as described in Section 11327.8.

11325.1.  When child care services are provided by a program funded
under Section 8481 of the Education Code to a recipient under this
article or any other job training program for recipients under this
chapter, and the job training program utilizes vouchers for child
care services issued by the county or a contracting agency,
reimbursement for those child care services shall be made at a market
rate established by the State Department of Education pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.

11325.2.  (a) At the time a recipient enters the welfare-to-work
program, the county shall conduct an appraisal, pursuant to
regulations adopted by the department, during which the recipient is
informed of the requirement to participate in training opportunities
available to a participant, and available supportive services. The
appraisal shall provide information about the recipient in the
following areas:
   (1) Employment history and skills.
   (2) Need for supportive services as described in Section 11323.2.
   (b) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.

11325.21.  (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (b) of Section 11320.1,
but no more than 90 days after the date that a recipient's
eligibility for aid is determined or the date the recipient is
required to participate in welfare-to-work activities pursuant to
Section 11320.3. The recipient and the county may enter into a
welfare-to-work plan as late as 90 days after the completion of the
job search activity, as defined in subdivision (a) of Section
11320.1, if the job search activity is initiated within 30 days after
the recipient's eligibility for aid is determined. The plan shall
include the activities and services that will move the individual
into employment.
   (b) The county shall allow the participant three working days
after completion of the plan or subsequent amendments to the plan in
which to evaluate and request changes to the terms of the plan.
   (c) The plan shall be written in clear and understandable
language, and have a simple and easy-to-read format.
   (d) The plan shall contain at least all of the following general
information:
   (1) A general description of the program provided for in this
article, including available program components and supportive
services.
   (2) A general description of the rights, duties, and
responsibilities of program participants, including a list of the
exemptions from the required participation under this article, the
consequences of a refusal to participate in program components, and
criteria for successful completion of the program.
   (3) A description of the grace period required in paragraph (5) of
subdivision (b) of Section 11325.22.
   (e) The plan shall specify, and shall be amended to reflect
changes in, the participant's welfare-to-work activity, a description
of services to be provided in accordance with Sections 11322.6, and
11322.8 as needed, and specific requirements for successful
completion of assigned activities including required hours of
participation.
   The plan shall also include a general description of supportive
services pursuant to Section 11323.2 that are to be provided as
necessary for the participant to complete assigned program
activities.
   (f) Any assignment to a program component shall be reflected in
the plan or an amendment to the plan. The participant shall maintain
satisfactory progress toward employment through the methods set forth
in the plan, and the county shall provide the services pursuant to
Section 11323.2.
   (g) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.

11325.22.  (a) (1) Following the appraisal required by Section
11325.2, all participants except those described in paragraph (4) of
this subdivision, shall be assigned to participate for a period of up
to four consecutive weeks in job search activities. These activities
may include the use of job clubs to identify the participant's
qualifications. The county shall consider the skills and interests of
the participants in developing a job search strategy. The period of
job search activities may be shortened if the participant and the
county agree that further activities would not be beneficial. Job
search activities may be shortened for a recipient if the county
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 under this article.
   (2) Nothing in this section shall require participation in job
search activities, the schedule for which interferes with
unsubsidized employment or participation pursuant to Section
11325.23.
   (3) Job search activities may be required in excess of the limits
specified in paragraph (1) on the basis of a review by the county of
the recipient's performance during job search to determine whether
extending the job search period would result in unsubsidized
employment.
   (4) A person subject to Article 3.5 (commencing with Section
11331) or subdivision (d) of Section 11320.3 shall not be required,
but may be permitted, to participate in job search activities as his
or her first program assignment following appraisal upon earning a
high school diploma or its equivalent, if she or he has not already
taken the option to complete these activities as the first program
assignment following appraisal.
   (b) (1) Upon the completion of job search activities, or a
determination that those activities are not required in accordance
with paragraph (3) of subdivision (a), the participant shall be
assigned to one or more of the activities described in Section
11322.6 as needed to attain employment.
   (2) (A) The assignment to one or more of the program activities as
required in paragraph (1) of this subdivision shall be based on the
welfare-to-work plan developed pursuant to an assessment as described
in Section 11325.4. The plan shall be based, at a minimum, on
consideration of the individual's existing education level,
employment experience and relevant employment skills, available
program resources, and local labor market opportunities.
   (B) An assessment pursuant to Section 11325.4 shall be performed
upon completion of job search activities or at such time as it is
determined that job search will not be beneficial.
   (C) Notwithstanding subparagraphs (A) and (B), an assessment shall
not be required to develop a welfare-to-work plan for a person who
is participating in an approved self-initiated program pursuant to
Section 11325.23 unless the county determines that an assessment is
necessary to meet the hours specified in Section 11325.23.
   (3) A participant who lacks basic literacy or mathematics skills,
a high school diploma or general educational development certificate,
or English language skills, shall be assigned to participate in
adult basic education as described in subdivision (k) of Section
11322.6, as appropriate and necessary for removal of the individual's
barriers to employment.
   (4) Participation in activities assigned pursuant to this section
may be sequential or concurrent. The county 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.
   (5) The participant has 30 days from the beginning of the initial
training or education assignment in which to request a change or
reassignment to another component. The county shall grant the
participant's request for reassignment if another assignment is
available that is consistent with the participant's welfare-to-work
plan and the county determines the other assignment will readily lead
to employment. This grace period shall be available only once to
each participant.
   (c) Any assignment or change in assignment to a program activity
pursuant to this section shall be included in the welfare-to-work
plan, or an amendment to the plan, as required in Section 11325.21.
   (d) A participant who has not obtained unsubsidized employment
upon completion of the activities in a welfare-to-work plan developed
pursuant to the job search activities required by subdivision (a)
and an assessment required by subdivision (b) shall be referred to
reappraisal as described in Section 11326.
   (e) The criteria for successful completion of an assigned
education or training activity shall include regular attendance,
satisfactory progress, and completion of the assignment. A person who
fails or refuses to comply with program requirements for
participation in the activities assigned pursuant to this section
shall be subject to Sections 11327.4 and 11327.5.
   (f) Except as provided in paragraph (4) of subdivision (a), this
section shall not apply to individuals subject to Article 3.5
(commencing with Section 11331) during the time that article is
operative.

11325.23.  (a) (1) Except as provided in paragraph (2), any student
who, at the time he or she is required to participate under this
article pursuant to Section 11320.3, is enrolled in any undergraduate
degree or certificate program that leads to employment may continue
in that program if he or she is making satisfactory progress in that
program, the county determines that continuing in the program is
likely to lead to self-supporting employment for that recipient, and
the welfare-to-work plan reflects that determination.
   (2) Any individual who possesses a baccalaureate degree shall not
be eligible to participate under this section unless the individual
is pursuing a California regular classroom teaching credential in a
college or university with an approved teacher credential preparation
program.
   (3) (A) Subject to the limitation provided in subdivision (f), a
program shall be determined to lead to employment if it is on a list
of programs that the county welfare department and local education
agencies or providers agree lead to employment. The list shall be
agreed to annually, with the first list completed no later than
January 31, 1998. By January 1, 2000, all educational providers shall
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 students not in a program on the list prepared under
subparagraph (A), the county shall determine if the program leads to
employment. The recipient shall be allowed to continue in the program
if the recipient demonstrates to the county that the program will
lead to self-supporting employment for that recipient and the
documentation is included in the welfare-to-work plan.
   (C) If participation in educational or vocational training, as
determined by the number of hours required for classroom, laboratory,
or internship activities, is not at least 32 hours, the county shall
require concurrent participation in work activities pursuant to
subdivisions (a) to (j), inclusive, of Section 11322.6 and Section
11325.22.
   (b) Participation in the self-initiated education or vocational
training program shall be reflected in the welfare-to-work plan
required by Section 11325.21. 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
self-initiated program, the individual shall participate under this
article in accordance with Section 11325.22.
   (c) Any person whose previously approved self-initiated education
or training program is interrupted for reasons that meet the good
cause criteria specified in subdivision (f) of Section 11320.3 may
resume participation in the same program if the participant
maintained good standing in the program while participating and the
self-initiated program continues to meet the approval criteria.
   (d) Supportive services reimbursement shall be provided for any
participant in a self-initiated training or education program
approved under this subdivision. This reimbursement shall be provided
if no other source of funding for those costs is available. Any
offset to supportive services payments shall be made in accordance
with subdivision (e) of Section 11323.4.
   (e) Any student who, at the time he or she is required to
participate under this article pursuant to Section 11320.3, has been
enrolled and is making satisfactory progress in a degree or
certificate program, but does not meet the criteria set forth in
subdivision (a), shall have until the beginning of the next
educational semester or quarter break to continue his or her
educational program if he or she continues to make satisfactory
progress. At the time the educational break occurs, the individual is
required to participate pursuant to Section 11320.1. A recipient not
expected to complete the program by the next break may continue his
or her education, provided he or she transfers at the end of the
current quarter or semester to a program that qualifies under that
subdivision, the county determines that participation is likely to
lead to self-supporting employment of the recipient, and the
welfare-to-work plan reflects that determination.
   (f) Any degree, certificate, or vocational program offered by a
private postsecondary training provider shall not be approved under
this section 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 law.

11325.25.  (a) A participant with a suspected learning or medical
problem, as indicated by information received during appraisal or
assessment or by lack of satisfactory progress in an assigned program
component, shall be referred to an evaluation to determine whether
the individual is unable to successfully complete or benefit from a
current or proposed program assignment. As part of the evaluation,
the county may require the individual to undergo the appropriate
examinations to obtain information regarding the individual's
learning and physical abilities.
   (b) Based upon the results of the evaluation required by
subdivision (a), the county may refer the individual to any of the
following components as appropriate:
   (1) Referral to any of the activities in Section 11322.6,
including referral to the person's previous activity.
   (2) Existing special programs that meet specific needs of the
individual.
   (3) Job search services, if the county determines the individual
has the skills needed to find a job in the local labor market.
   (4) Assessment as described in Section 11325.4, or reappraisal as
described in Section 11326.
   (5) Rehabilitation assessment and subsequent training.
   (c) The participant shall be involved in the decisions made during
the progress evaluation and shall have appeal rights consistent with
those accorded to all program participants.

11325.4.  (a) Upon referral to assessment, a participant shall work
with the county welfare department to develop and agree on a
welfare-to-work plan on the basis of an assessment of the individual'
s skills and needs. The assessment shall include at least all of the
following:
   (1) The participant's work history and an inventory of his or her
employment skills, knowledge, and abilities.
   (2) The participant's educational history and present educational
competency level.
   (3) The participant's need for supportive services in order to
obtain the greatest benefit from the employment and training services
offered under this article.
   (4) An evaluation of the chances for employment given the current
skills of the participant and the local labor market conditions.
   (5) Local labor market information.
   (6) Physical limitations or mental conditions that limit the
participant's ability for employment or participation in
welfare-to-work activities.
   (b)  The county may contract with outside parties, including local
educational agencies and service delivery areas, to provide the
assessment.
   (c) (1) Notwithstanding the procedures set forth in Chapter 7
(commencing with Section 10950) of Part 2, if the participant and
assessor are unable to reach agreement on the welfare-to-work plan,
the matter shall be referred by the county for an independent
assessment by an impartial third party. 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.
   (2) No third party assessment under this subdivision shall be made
by a party having any financial or other interest in the result of
the assessment. The party making the assessment shall be selected by
the county according to an unbiased procedure.
   (d) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.

11325.5.  (a) If, pursuant to the assessment conducted pursuant to
Section 11325.4, 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.
   (b) Subject to appropriations in the Budget Act, the county mental
health department shall evaluate the recipient and determine any
treatment needs. The evaluation shall include 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. The evaluation shall include prior diagnoses,
assessments, or evaluations that the recipient provides.
   (c) Each county welfare department shall develop individual
welfare-to-work plans for recipients with mental or emotional
disorders based on the evaluation conducted by the mental health
department. The plan for the recipient shall include appropriate
employment accommodations or restrictions, supportive services, and
treatment requirements. Any prior diagnosis, evaluation, or
assessment provided by the recipient shall be considered in the
development of his or her individual welfare-to-work plan.

11325.6.  Subject to the limitations of subdivision (f) of Section
11322.6 and subdivision (a) of Section 11325.22, if activities to be
provided under the plan between the county welfare department and the
participant are not immediately available to the participant, he or
she shall receive job search activities until the education or
training services designated in the plan are available.

11325.7.  (a) It is the intent of the Legislature in enacting this
section to create a funding stream and program that assists certain
recipients of aid under this chapter to receive necessary mental
health services, including case management and treatment, thereby
enabling them to make the transition from welfare to work. This
funding stream shall be used specifically to serve recipients in need
of mental health services, and shall be accounted for and expended
by each county in a manner that ensures that recipients in need of
mental health services are receiving appropriate services.
   (b) The county plan required by Section 10531 shall include a plan
for the development of mental health employment assistance services,
developed jointly by the county welfare department and the county
department of mental health. The plan shall have as its goal the
treatment of mental or emotional disabilities that may limit or
impair the ability of a recipient to make the transition from
welfare-to-work, or that may limit or impair the ability to retain
employment over a long-term period. The plan shall be developed in a
manner consistent with both the county's welfare-to-work program and
the county's consolidated mental health Medi-Cal services plan. The
county may use community based providers, as necessary, that have
experience in addressing the needs of the CalWORKs population. The
county, whenever possible, shall ensure that the services provided
qualify for federal reimbursement of the nonstate share of Medi-Cal
costs.
   (c) Subject to specific expenditure authority, mental health
services available under this section shall include all of the
following elements:
   (1) Assessment for the purpose of identifying the level of the
participant's mental health needs and the appropriate level of
treatment and rehabilitation for the participant.
   (2) Case management, as appropriate, as determined by the county.
   (3) 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.
   (4) 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.
   (5) A process by which the county can identify those with severe
mental disabilities that may qualify them for aid under Chapter 3
(commencing with Section 12000).
   (d) Any funds appropriated by the Legislature to cover the
nonfederal costs of the mental health employment assistance services
required by this section shall be allocated consistent with the
formula used to distribute each county's CalWORKs program allocation.
Each county shall report annually to the state the number of
CalWORKs program recipients who received mental health services and
the extent to which the allocation is sufficient to meet the need for
these services as determined by the county. The State Department of
Mental Health shall develop a uniform methodology for ensuring that
this allocation supplements and does not supplant current expenditure
levels for mental health services for this population.

11325.71.  (a)  Notwithstanding subdivision (a) of Section 11325.7
and subdivision (e) of Section 11325.8, counties shall have the
option to redirect funding, both from and to, the amounts
appropriated for CalWORKs mental health employment assistance
services and CalWORKs substance abuse treatment services, from and to
other CalWORKs employment services that are necessary for
individuals to participate in welfare-to-work activities. This
section shall not be construed to limit a welfare-to-work participant'
s access to mental health or substance abuse treatment services that
would otherwise be available under Section 11325.7 or 11325.8, to the
extent the participant is not provided good cause or determined to
be exempt from welfare-to-work requirements. (b) This section shall
become inoperative on July 1, 2011, and, as of January 1, 2012, is
repealed, unless a later enacted statute, which becomes effective on
or before January 1, 2012, deletes or extends that date on which it
becomes inoperative and is repealed.

11325.8.  (a) The county plan required by Section 10531 shall
include a plan for the provision of substance abuse treatment
services. The plan shall describe how the county welfare department
and the county alcohol and drug program will collaborate to ensure an
effective system is available to provide alcohol and drug services
to recipients whose substance abuse creates a barrier to employment.
The plan shall be developed in a manner that is consistent with the
county's welfare-to-work program. Substance abuse treatment services
shall include evaluation, substance abuse treatment, employment
counseling, provision of community service jobs, or other appropriate
services.
   (b) It is the intent of the Legislature that substance abuse
treatment services for participants shall be provided by the county
alcohol and drug program, or by a nonprofit agency under contract
with the county alcohol and drug program. If the county welfare
department 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.
   (c) (1) A participant who is in a job search component of the
county's welfare-to-work program may be directed at any time to an
assessment by the job search manager if the county believes that the
participant's substance abuse may limit or preclude his or her
satisfactory completion of the job search component.
   (2) During the assessment, if the case manager believes that
substance abuse will impair the ability of the participant to obtain
and retain employment, the case manager shall refer the participant
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 county alcohol and drug
program is unable to provide the necessary services, the county may
refer the participant to a state-licensed or certified nonprofit
agency under contract with the county to perform these services.
   (3) If a participant is determined to have a substance abuse
problem, based on an evaluation by the county alcohol and drug
program or a nonprofit state-licensed narcotic treatment program,
residential facility, or certified nonresidential substance abuse
program, 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.
   (4) A recipient of aid under this chapter shall be offered two
opportunities to receive substance abuse treatment under subdivision
(q) of Section 11322.6, except that the county may offer the
recipient additional treatment opportunities.
   (5) When a participant's welfare-to-work plan includes assignment
to a treatment program, a case manager may determine that the
participant is out of compliance with that 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.
   (6) 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 shall
consult the substance abuse treatment provider as appropriate.
   (d) No recipient may participate in a substance abuse treatment
program for longer than six months without concurrently participating
in a work activity, to be determined by the county and the
recipient, in consultation with the treatment provider. However, 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 per
day, three days per week, or otherwise not to participate in
nonprogram activities, the requirements of the treatment program
shall fulfill the recipient's work activity requirement.
   (e) Any funds appropriated by the Legislature for allocation to
each county to eliminate barriers to employment due to participants'
substance abuse problems shall be allocated consistent with the
formula used to distribute each county's CalWORKs program allocation
and shall be used to supplement, and not supplant, substance abuse
treatment funds otherwise available to recipients. It is the intent
of the Legislature that these funds be used to develop, expand, or
develop and expand programs appropriate for CalWORKs program
recipients. It is further the intent of the Legislature that, to the
extent possible, these funds be used to maximize federal financial
participation through Title XIX of the federal Social Security Act
(Title 42 U.S.C. Sec. 1396 et seq.).
   (f) 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.

11325.9.  (a) The department shall develop three-year pilot projects
in Alameda County, San Bernardino County, and Ventura County, at the
option of each county, to create an integrated and coordinated case
management system for delivery of services to CalWORKs families who
face multiple barriers to employment. This pilot program shall permit
the exchange of information and records between members of a
multidisciplinary services team for the purpose of coordinating
services relevant to the prevention, identification, and treatment of
the family's barriers to employment. Information shared between
members of the multidisciplinary services team shall be maintained in
a manner to ensure maximum protection of the family's privacy.
Information shall not be shared between the team or otherwise
disclosed, except as otherwise authorized by law, once an individual
and his or her family no longer receive CalWORKs benefits or
services.
   (b) For purposes of this section and Sections 11325.91 to
11325.96, inclusive:
   (1) "Multidisciplinary service team" or "team" means a team of two
or more persons trained and qualified to provide one or more of the
services listed in paragraph (2) who are assigned the responsibility,
within an integrated welfare system, for identifying the
educational, health, and social service needs of a member of an
assistance unit, and for developing a plan to address those needs.
Team members may include any of the following:
   (A) Representatives of public employment services agencies under
contract with the CalWORKs program.
   (B) Psychiatrists, psychologists, or other trained counseling
personnel involved in mental health treatment.
   (C) Providers of substance abuse treatment.
   (D) Medical personnel with sufficient training to provide health
services.
   (E) Any public or private school teacher, administrative officer,
supervisor of child welfare and attendance, or certificated public
personnel employee.
   (F) Representatives of a domestic violence shelter.
   (G) Probation officers.
   (H) Social workers with experience or training in child abuse or
abuse of elder or dependent adults.
   (I) Representatives from public housing agencies.
   (J) Other team members may be added if necessary and if approved
by the client if the team member agrees to abide by the
confidentiality requirements in Section 11325.93.
   (2) "Integrated welfare system" means programs established by the
state or by the pilot project county governments to provide two or
more of the following services to households in which recipients of
benefits under this chapter reside:
   (A) Child welfare services.
   (B) Employment services.
   (C) Health care services.
   (D) Mental health services.
   (E) Substance abuse prevention and treatment.
   (F) Child abuse prevention, identification, and treatment.
   (G) Elder or dependent adult abuse prevention, identification, and
treatment.
   (H) Public housing services.
   (I) Domestic violence counseling services.
   (J) Juvenile probation services. However, representatives of
juvenile probation may provide information to other team members, but
may not receive information, records, or copies of records, from
other team members.
   (K) Educational services for children and adults.
   (L) Nutrition services.
   (M) Child care and development services.
   (N) Learning disability evaluation.
   (3) "Targeted population" means long-term welfare-dependent
families with multiple barriers to employment, including, but not
limited to, substance abuse, mental illness, child abuse and neglect,
and domestic violence.

11325.91.  Notwithstanding any other provision of law, for purposes
of Section 10850, a team engaged in any activity permitted pursuant
to Section 11325.93 shall be deemed to be engaged in the
administration of public social services.

11325.93.  (a) Team members may disclose to one another information
about, and view records on, members of an assistance unit to the
extent permitted by this section, for CalWORKs clients in the
targeted population. In the operation of the pilot projects
authorized by Section 11325.9, information disclosed or records
viewed by team members shall be limited to relevant information or
records necessary to formulate an integrated services plan or to
deliver services to children and families. All information or
documents, or copies of documents, to be disclosed by team members
shall be necessary to the prevention, identification, and treatment
of a parent's or guardian's barriers to employment.
   (b) If team members require records held by other team members,
copies may be provided subject to the limitations of subdivision (c).
Requests for copies shall be limited to the records necessary to
formulate an integrated services plan, or to deliver services to
children and their families.
   (c) (1) Team members who receive information or records pertaining
to a member of an assistance unit shall be allowed to establish and
maintain a common computer data base for the purpose of planning and
delivering services. The data base may contain demographic data and
data on the level of individual involvement with an assistance unit
member. The data base shall be for the use and disclosure only within
the program, except by properly authorized consent of the CalWORKs
recipient. A memorandum of understanding shall be established that
specifies what types of information may be shared and for what
purposes.
   (2) Juvenile probation services shall be involved in the
integrated welfare system for the limited purpose of providing
information that directly affects the parent's or guardian's ability
to participate in employment training or employment.
   (3) Part 2.6 (commencing with Section 56) of Division 1 of the
Civil Code, shall apply to the programs or services providing
integrated services. Programs or services that seek access to an
individual's medical information, including mental health and drug
treatment records, shall be required to obtain informed authorization
from the individual or from the custodial parent or guardian if the
individual is a minor, unless a minor is authorized to give consent.
Medical information shall not be disclosed to any individual who is
not authorized to have that information pursuant to the
authorization. Medical information shall not be disclosed for any
purpose not authorized by the authorization. A client shall have
access to his or her medical information and the right to correct any
inaccurate information.
   (4) The pilot program may authorize use of information contained
in the data base for bona fide evaluation and research purposes,
unless otherwise prohibited by law. No information disclosed under
this paragraph shall permit identification of the CalWORKs recipient
or his or her family members.
   (5) The release of copies of records protected by evidentiary
privileges, as defined in Chapter 4 (commencing with Section 930) of
Division 8 of the Evidence Code, may take place only after the team
has received a form permitting release of records on the assistance
unit member, which is signed by the member or the member's custodial
parent or guardian if the member is a minor. This paragraph shall not
be construed to waive any right of privilege contained in the
Evidence Code, except in compliance with Section 912 of that code.
   (d) The sharing of information permitted under subdivisions (a),
(b), and (c) shall be governed by memoranda of understanding among
the agencies represented on the team. These memoranda shall specify
the types of information that may be shared without a signed release
form, in accordance with subdivision (c), and the process to be used
to ensure that current confidentiality requirements, as described in
subdivision (e), are met.
   (e) Every team member shall be under the same privacy and
confidentiality obligations and subject to the same confidentiality
penalties as the person disclosing or providing the information or
records. The information or records obtained shall be maintained in a
manner that ensures the maximum protection of privacy and
confidentiality rights.
   (f) This section shall not be construed to restrict guarantees of
confidentiality provided under federal law.
   (g) Nothing in this section shall be construed to affect the
authority of a health care provider to disclose medical information
pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the
Civil Code.
   (h) Information and records communicated or provided to the pilot
programs by all providers, programs, and agencies, as well as
information and records created by the program in the course of
serving CalWORKs recipients and their families, shall be deemed
private and confidential, and shall be protected from discovery and
disclosure by all applicable statutory and common-law protections.
Civil and criminal penalties shall apply to the inappropriate
disclosure of information held by the pilot programs. This section
shall not affect the authority of a health care provider to disclose
medical information pursuant to paragraph (1) of subdivision (c) of
Section 56.10 of the Civil Code.

11325.95.  The department shall prepare a report, for submission to
the Legislature on or before April 1, 2002, on the outcomes of the
pilot program established pursuant to Sections 11325.9 to 11325.93,
inclusive, improving coordinated case management, assisting
hard-to-serve CalWORKs families in alleviating multiple barriers to
employment, and integrating service delivery within the
multidisciplinary services team structure. The department shall also
include in the report an analysis of the impact that record and
information sharing has on CalWORKs recipients and their families,
whether this information sharing pilot program results in increased
employment rates of hard-to-serve parents, and whether there are any
adverse consequences to recipients resulting from information sharing
among agencies.

11326.  (a) The county shall conduct a reappraisal of any
participant who does not obtain unsubsidized employment upon
completion of all activities included in the welfare-to-work plan
developed pursuant to Section 11325.4. The reappraisal shall evaluate
whether there are extenuating circumstances as defined by the county
that prevent the participant from obtaining employment within the
local labor market area.
   (b) Upon a determination that extenuating circumstances exist, the
participant shall be assigned to additional activities in accordance
with subdivision (b) of Section 11325.22 as the county determines to
be appropriate and necessary.
   (c) Upon a determination that no extenuating circumstances exist,
and until this determination is reversed, the participant shall be
limited to the activities in subdivisions (a), (d), (i), (l), and (q)
of Section 11322.6. Participation in those activities shall be
subject to the requirements of Section 11322.8.

11327.  Any county which fails to provide services according to its
plan approved pursuant to this article shall receive sanctions in
accordance with Section 10605. A recipient or a group of recipients
may request the director to invoke Section 10605.

11327.4.  (a) (1) Whenever an individual has failed or refused to
comply with program requirements without good cause in a program
component to which he or she is assigned and refuses to agree to or
fails, without good cause, to comply with a compliance plan agreed to
between the county and the participant, the individual shall be
subject to sanctions specified in Section 11327.5.
   (2) For the purposes of this article, the phrase "failed or
refused to comply with program requirements" shall be limited to:
failing or refusing to sign a welfare-to-work plan, participate or
provide required proof of satisfactory progress in any assigned
program activity, pursuant to this article, including self-initiated
programs described in Section 11325.23 or accept employment;
terminating employment; or reducing earnings.
   (b) (1) Upon determination that an individual has failed or
refused to comply with program requirements, the county shall issue a
notice of action effective no earlier than 30 calendar days from the
date of issuance informing the individual that a sanction will be
imposed if the individual fails to either attend an appointment
scheduled by the county to be held within 20 calendar days of the
notice, or contact the county by phone, within 20 calendar days of
the notice, and fails to do either of the following:
   (A) Provide information to the county that he or she had good
cause for the refusal or failure that has led the county to make a
finding of good cause for nonparticipation.
   (B) Agree to a compliance plan to correct the failure or refusal
to comply.
   (2) The county shall schedule a time during which each individual
who has failed or refused to comply with program requirements has an
opportunity to demonstrate that he or she had good cause for that
refusal or failure. The county shall schedule an appointment within
20 calendar days of the notice of action. The individual shall be
allowed to reschedule the cause determination appointment once within
the 20-calendar-day period.
   (3) The written notice of action sent by the county shall do all
of the following:
   (A) Inform the individual of the specific act or acts that have
caused the individual to be out of compliance with participation
requirements.
   (B) Inform the individual of his or her right to assert good cause
for his or her refusal or failure.
   (C) Inform the individual of the date and time of the scheduled
appointment.
   (D) Provide a general definition of good cause and examples of
reasons that constitute good cause for not participating in the
program.
   (E) Inform the individual of the right to contact the county
welfare department by telephone to establish good cause over the
telephone in lieu of attending the appointment scheduled by the
county.
   (F) Inform the individual of the right to reschedule the
appointment once within the 20-calendar-day period.
   (G) Inform the individual that if good cause is not found, a
compliance plan will be developed and the individual will be expected
to agree to the plan or face a sanction.
   (H) Inform the individual of the name, telephone number, and
address of state and local legal aid and welfare rights organizations
that may assist the individual with the good cause and compliance
plan process.
   (I) Describe the transportation and child care services that a
person is entitled to, as needed in order to attend the appointment.
   (c) If the individual fails to attend the appointment, the county
shall attempt to contact the individual by telephone at the time of
or after the appointment in order to establish a finding of good
cause or no good cause, and, if a finding of no good cause is made,
develop a compliance plan to correct the instance of
nonparticipation.
   (d) If the individual fails to attend the meeting and the county
is not able to contact the individual in accordance with subdivision
(c), and the individual fails to contact the county within the
20-calendar-day period, a sanction shall be imposed in accordance
with Section 11327.5.
   (e) If the individual attends the appointment or contacts the
county by phone within the 20-calendar-day period and is either found
by the county to have had good cause for his or her refusal or
failure, or agrees to a compliance plan to correct the failure or
refusal, the county shall rescind the notice of action issued
pursuant to subdivision (b). If the individual agrees to a compliance
plan at the appointment, the individual shall be provided a copy of
the plan. If the individual agrees to a compliance plan over the
telephone, a copy of the plan shall be mailed to the client.
   (f) If the individual is found by the county to have had good
cause for his or her refusal or failure, an instance of noncompliance
shall not be considered to have occurred.
   (g) If the individual is found by the county not to have had good
cause, but agrees to a compliance plan and then fulfills the terms of
the compliance plan, an instance of noncompliance shall not be
considered to have occurred.
   (h) If the individual enters into a written compliance plan, but
does not fulfill the terms of the plan, and the county determines,
based on available information, that the individual did not have good
cause for failure to meet the terms of the plan, the county shall
send a notice of action to impose a sanction. The procedures
specified in subdivision (b) shall not be applicable to a sanction
imposed under this subdivision.

11327.5.  (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
   (b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If that
individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
   (c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant by removing the noncomplying family member from
the assistance unit for a period of time specified in subdivision
(d).
   (1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned parent shall be removed
from the assistance unit. Unless the spouse or the family's second
parent meets the provisions of subparagraph (A) of paragraph (2), if
the sanctioned parent's spouse or the family's second parent is not
participating in the program, both the sanctioned parent and the
spouse or second parent shall be removed from the assistance unit.
The county shall notify the spouse of the noncomplying participant or
second parent in writing at the commencement of conciliation of his
or her own opportunity to participate and the impact on sanctions of
that participation.
   (2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
   (B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
   (C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed from the
assistance unit for a period of time specified in subdivision (d).
   (D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed.
   (3) For families that qualify due to the absence or incapacity of
a parent, only the noncomplying parent shall be removed from the
assistance unit.
   (4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
   (5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
   (d) An instance of noncompliance without good cause shall result
in a financial sanction. This sanction shall terminate at any point
if the noncomplying participant performs the activity or activities
he or she previously refused to perform.
   (e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are removed
from aid under this chapter.
   (f) In the event this section conflicts with federal law, the
department shall adopt regulations to conform to federal law.
   (g) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed.

11327.5.  (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
   (b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If that
individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
   (c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant, in accordance with subdivision (d).
   (1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned parent shall be removed
from the assistance unit. Unless the spouse or the family's second
parent meets the provisions of subparagraph (A) of paragraph (2), if
the sanctioned parent's spouse or the family's second parent is not
participating in the program, both the sanctioned parent and the
spouse or second parent shall be removed from the assistance unit.
The county shall notify the spouse of the noncomplying participant or
second parent in writing at the commencement of conciliation of his
or her own opportunity to participate and the impact on sanctions of
that participation.
   (2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
   (B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
   (C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed from the
assistance unit for a period of time specified in subdivision (d).
   (D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed.
   (3) For families that qualify due to the absence or incapacity of
a parent, only the noncomplying parent shall be removed from the
assistance unit.
   (4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
   (5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
   (d) (1) An instance of noncompliance without good cause shall
result in a financial sanction, consisting of removing the
noncomplying family member from the assistance unit, after the
noncompliance persists for three cumulative months. The conciliation
process described in Section 11327.4 shall occur during the first 30
days of this three-month period. A sanction under this section shall
terminate at any point if the noncomplying participant performs the
activity or activities he or she previously refused to perform.
   (2) (A) If the instance of noncompliance persists for three
cumulative months, the county shall review and assess the
circumstances of the noncomplying individual in order to determine
and identify potential barriers to participation, assess the need for
services or resources, and provide tools to connect the individual
with services and activities. The review and assessment shall be
conducted by a social worker or employment services worker. The
county shall make a good faith effort to remediate any barriers that
are identified. If barriers relating to substance abuse, mental
health, or domestic violence are suspected, the county shall schedule
assessments with an employment specialist or social worker for the
individual in order to assess and review for treatment. This review
shall occur within 30 days after the grant reduction made pursuant to
paragraph (1).
   (B) If the county fails to conduct a review or remediate any
issues pursuant to this paragraph, or if the county determines that
the individual is in compliance pursuant to paragraph (1), or is
exempt from welfare-to-work requirements, the sanction shall
terminate. If failure to conduct a review or remediate an issue is
the result of the recipient's noncompliance, the sanction shall
continue.
   (3) (A) If the instance of noncompliance persists for an
additional three cumulative months after a grant reduction is made
pursuant to paragraph (1), the grant shall be decreased by an amount
equal to 25 percent of the child-only grant, which already reflects
the removal of the parent.
   (B) If the instance of noncompliance persists for an additional
three cumulative months after the family's grant is reduced under
subparagraph (A), a second review and assessment shall be conducted
in accordance with the requirements of paragraph (2). The second
review and assessment shall be conducted within 30 days of the most
recent grant reduction pursuant to subparagraph (A). After the review
and assessment conducted under this paragraph, if the instance of
noncompliance persists for an additional three cumulative months
after the most recent reduction, the family's aid grant shall be
decreased by an amount equal to 50 percent of the child-only grant
level that existed prior to the 25-percent reduction.
   (C) At any time, if the noncomplying member is determined to be
exempt, or comes into compliance with applicable CalWORKs work
requirements, the sanction shall terminate and the full aid grant
amount shall be restored.
   (4) (A) With respect to an assistance unit from which the adult's
share of the grant has been terminated due to the expiration of the
60-month period provided for pursuant to Section 11454, the county
shall impose the sanctions provided for in this section only if the
county makes available to the adult necessary child care services,
and all applicable exemptions. If the Legislature has made a specific
appropriation for transportation services for families who have
exceeded the 60-month time limit and the county has not made this
service available to the adult, as necessary, a sanction shall not be
imposed. These cases shall receive a review pursuant to subdivision
(g) of Section 11320.2 at the 42nd or 54th month of aid in
preparation for this assessment by the county, including reviewing
possible exemptions and discussing possible grant reductions if the
family is not in compliance after the 60 months with the state
participation requirements, as determined by the county. The
individual shall receive notice of the review, which shall include
informing the individual of the risk of having the grant further
reduced by 25 percent if the parent does not comply with CalWORKs
requirements after the 48th or 60th month on aid, as well as
opportunities to come into compliance and services that may be
available from the county.
   (B) If the county determines after the 48th or 60th month on aid
that the adult is not in compliance and does not otherwise meet
exemption criteria, such as SSI eligibility or being an elderly
caregiver, and the service requirements of the county as specified in
subparagraph (A) have been met, then the aid grant shall be
decreased by an amount equal to 25 percent of the child-only portion
of the grant, thus resulting in a grant level equal to 75 percent of
the child-only grant level in the 47th or 59th month, or the month
prior to entering the safety net. Review and assessment pursuant to
paragraph (2) shall be scheduled with the adult in this assistance
unit at this time.
   (C) If the noncompliance persists for three cumulative months
after the grant reduction pursuant to subparagraph (B) the review and
assessment conducted pursuant to paragraph (2), and the county has
met the service requirements specified in subparagraph (A), then the
aid grant shall be decreased by an amount equal to 50 percent of the
child-only aid grant thus resulting in a grant level equal to 50
percent of the child-only grant level in the 47th or 59th month, or
the month prior to entering the safety net.
   (D) At any time, if the noncomplying member is determined to be
exempt from welfare-to-work activities, or comes into compliance with
applicable CalWORKs work requirements, the sanction shall terminate
and the full aid grant amount shall be restored.
   (5) (A) After 60 full months of aid, with respect to an assistance
unit for which there is no adult share due to the adult being (i)
not lawfully present in the United States, (ii) a person described by
Section 608(a)(9)(A) of Title 42 of the United States Code, or (iii)
convicted of any offense classified as a felony by the law of the
jurisdiction involved and that has as an element of the possession,
use, or distribution of a controlled substance, as defined in Section
802(6) of Title 21 of the United States Code, the county shall apply
the sanction provisions contained in subparagraph (B) to the
assistance unit allowing for all applicable exemptions. If the county
makes available to the adult, at county expense or pursuant to a
specific General Fund appropriation, necessary supportive services of
child care and transportation, in addition to community service
opportunities, and the family is in compliance with work requirements
the family shall receive the full child-only grant. These cases
shall receive a self-sufficiency review pursuant to subdivision (g)
of Section 11320.2 at the 54th month of aid, in preparation for this
assessment by the county, including reviewing possible exemptions,
and discussing possible grant reductions if the family is not in
compliance with the state participation requirements after 60 months,
as determined by the county.
   (B) If the county determines after the 60 months of aid that the
adult does not otherwise meet exemption criteria, including those
that acknowledge the adult's inability to work, such as SSI
eligibility or being an elderly caregiver, and the service
requirements of the county as specified in subparagraph (A) have been
met, then the aid grant shall be decreased by an amount equal to 25
percent of the child-only portion of the grant amount, thus resulting
in a grant level equal to 75 percent of the child-only grant level
in the 59th month or the month prior to entering the safety net.
Review and assessment pursuant to paragraph (2) shall be scheduled
with the adult in this assistance unit at this time.
   (C) If the noncompliance persists for three cumulative months
after the review and assessment conducted pursuant to paragraph (2),
and the service requirements of the county as specified in
subparagraph (A) have been met, the family's aid grant shall be
decreased to an amount equal to 50 percent of the child-only portion
of the grant amount, thus resulting in a grant level equal to 50
percent of the child-only grant level in the 59th month prior to
entering the safety net.
   (D) At any time, if the noncomplying member is determined to be
exempt from welfare-to-work activities, or comes into compliance with
applicable CalWORKs work requirements, the sanction shall terminate
and the full aid grant amount shall be restored.
   (e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are removed or
further reductions are made to aid under this chapter.
   (f) The additional monetary sanctions imposed in subdivision (d)
shall not apply if the only sanctioned individual in the family is a
dependent child.
   (g) The county shall send individuals subject to sanction a notice
by the end of their second cumulative month on sanction, and a
notice by the end of their fifth cumulative month on sanction,
reminding them that their aid will further decrease if the sanction
is not cured by the end of the third or sixth month, respectively.
   (h) In addition to the notice required pursuant to subdivision
(d), counties shall attempt to contact the noncompliant individual
prior to imposing a sanction reducing the family's aid. This contact
may be achieved through telephone calls, letters, home visits, or
some combination of these methods.
   (i) The review and assessment described in paragraph (2) of
subdivision (d) shall be deemed to satisfy the requirements for a
self-sufficiency review pursuant to Section 11320.2 if the review and
assessment occurs within the same month that a self-sufficiency
review under Section 11320.2 would have been scheduled. If failure to
conduct the review or assessment is the result of the recipient's
noncompliance, the sanction or further reduction shall become
effective under this chapter.
   (j) Any review or assessment required under this section may be
conducted through face-to-face meetings or home visits.
   (k) This section shall become operative on July 1, 2011.

11327.6.  Notwithstanding any other provision of law, any person who
is not required, but who volunteers, to participate in the program
established by this article and fails to appear for a scheduled
appointment prior to entering into the welfare-to-work plan shall be
deemed to not be subject to the requirements of this article and the
conciliation efforts and sanction requirements established under
Sections 11327.4 and 11327.5 shall not apply.

11327.8.  (a) Except as specified in this section, whenever a
participant believes that any program requirement or assignment in
this program is in violation of his or her welfare-to-work plan or is
inconsistent with this article, the participant may request a state
hearing pursuant to Chapter 7 (commencing with Section 10950) of Part
2 or utilize a formal grievance procedure to be established by the
county board of supervisors and specified in each county plan.
   (b) If the participant is not satisfied with the outcome of the
grievance procedure, he or she may appeal the decision in accordance
with the procedures set forth in Chapter 7 (commencing with Section
10950) of Part 2. Participants shall be subject to sanctions pending
the outcome of the formal grievance procedure or any subsequent
appeal, only if they fail to participate during the period the
grievance procedure is being processed. However, a participant shall
not utilize the grievance procedure to appeal the results of an
assessment made pursuant to Section 11325.4.
   (c) If a participant is not satisfied with the decision of a
hearing conducted pursuant to Section 10950 concerning on-the-job
working conditions or workers' compensation coverage, the participant
may file a further appeal with the appropriate state regulating
agency.

11327.9.  In determining whether good cause exists for a refusal or
failure to comply with program requirements, the county shall take
into consideration whether the participant has a mental disability
that caused or substantially contributed to the refusal or failure to
comply with program requirements. This determination shall be made,
where appropriate, in consultation with the county mental health
department.

11328.2.  A participant under this article shall have all due
process rights granted pursuant to Chapter 7 (commencing with Section
10950) of Part 2.

11328.8.  (a) The department, under the direction of the Health and
Welfare Agency, the Chancellor's office of the California Community
Colleges, and the State Department of Education shall each develop
and implement regulations whereby any payment for education and
training services from funds appropriated for the purposes of this
article and delivered pursuant to Section 11322.6 by an entity
contracting with a county shall be made in accordance with a
competitively selected fixed unit price performance-based contract.
Under these contracts, full payment shall not be considered earned
until either of the following has occurred:
   (1) The participant has successfully completed the education
program.
   (2) The participant has successfully completed the job training
program and has been retained in unsubsidized employment for at least
180 days.
   (b) Up to 70 percent of the fixed unit price for job training may
be paid upon placement. At least 30 percent of the fixed unit price
for job training shall be withheld for the followup during the
180-day retention period. Progress payments shall be made from this
portion upon evidence of job retention at 30, 90, and 180 days. A pro
rata share of the 70 percent payment shall be paid to the training
provider if the participant fails to complete the training.
   (c) The department may exempt county contracts for CalWORKs
educational services from subdivisions (a) and (b) in instances where
counties are unable to obtain educational services due to the
absence of an available adult education program or the small number
of CalWORKs referrals. The department, in conjunction with the State
Department of Education, shall develop criteria for granting the
exemptions from subdivisions (a) and (b). The departments shall also
consider using funds set aside for CalWORKs educational services in
the State Department of Education's annual budget allocation or funds
allocated to the State Department of Education for CalWORKs costs in
the annual Budget Act, to pay for the costs of education contracts
permitted by this subdivision.

11329.  (a) The department shall evaluate the program and shall
collect data on program cost, caseload movement, and program
outcomes, including data on all of the following:
   (1) The numbers of voluntary and mandatory participants in each
program component.
   (2) The amount of time that each participant remains in each
component and the types of services, including supportive services,
each participant receives.
   (3) The number of recipients in each component that move to each
of the other components.
   (4) The number of participants sanctioned as well as the amount
and duration of the sanction, the reason for the sanction, and the
amount of time the participant was in the program prior to the
sanction.
   (5) The number of participants who go off aid, and to the extent
possible, the reason they have gone off aid.
   (6) The number of applicants who reapplied for and received aid
after having gone off aid during the time they were participating in
the program.
   (7) The starting salary of employed participants.
   (8) Participants' job retention rates.
   (9) The appropriateness of the categorization of participants.
   (10) The appropriateness of assessments and employment plans.
   (11) The appropriateness of preemployment preparation assignments,
including a periodic review of the appropriateness of these
assignments.
   (12) The effectiveness of training components based upon the
number of individuals placed in employment.
   (13) The timeliness of preemployment preparation assignment
reviews.
   (14) The appropriateness of sanctions applied under this article.
   (b) The department may use standard statistical sampling methods
to conduct the evaluation. The department shall maintain this data
for the state and for each county. The department may contract with a
qualified organization for the evaluation required by this section.
The department shall submit a plan for implementing this evaluation
to the Joint Legislative Budget Committee. To the extent possible,
the data collection system for this evaluation shall be designed to
collect data in the least expensive and least time-consuming manner
possible.

11329.2.  (a) The department shall seek any federal funds available
for implementation of this article, including, but not limited to,
funds available under Title IV of the federal Social Security Act (42
U.S.C. Sec. 601 et seq.).
   (b) (1) The department shall seek any waiver from the Secretary of
the United States Department of Health and Human Services which is
necessary to implement this article.
   (2) Any provision of this article that may only be implemented
pursuant to a waiver from the United States Department of Health and
Human Services shall only be operative during the period for which
the waiver is granted, as stated in a declaration that shall be
executed by the director when the waiver is obtained.

11329.4.  (a) No funds appropriated for purposes of this article
shall be used to fund education or training services in any county
plan if these services could reasonably be provided by local
educational agencies from Section A or Section B of the State School
Fund which are not otherwise committed.
   (b) No local educational agency shall be authorized to receive
funds appropriated for purposes of this article unless it has
demonstrated that it has fully committed all the funds from Section A
or Section B of the State School Fund available to it, as certified
by the district to the Chancellor of the California Community
Colleges, or the Superintendent of Public Instruction.
   (c) The Chancellor of the California Community Colleges and the
Superintendent of Public Instruction, as appropriate, shall certify
this information to the Director of Finance.

11329.5.  With respect to paragraph (7) of subdivision (b) of
Section 11320.3 and Section 11325.71, as added by the act that adds
this section, the Legislature finds and declares all of the
following, but only for the operative period of these added
provisions:
   (a) Due to the significant General Fund revenue decline for the
2009-10 fiscal year, funding has been reduced for the CalWORKs
program.
   (b) Due to the federal funding available under the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) (ARRA) for
CalWORKs grants, reductions in 2009-10 are being achieved in the
county single allocation.
   (c) Reduced funding, including a three hundred seventy-five
million dollar ($375,000,000) reduction to the county single
allocation in the 2009-10 Budget Act, and increased caseload for
CalWORKs will result in insufficient resources to provide the full
range of welfare-to-work services in the 2009-10 and 2010-11 fiscal
years.
   (d) It is the intent of the Legislature that the limited resources
for CalWORKs services be effectively utilized, as established in
paragraph (7) of subdivision (b) of Section 11320.3.
   (e) It is the further intent of the Legislature to provide
additional flexibility to address funding constraints, as established
in Section 11325.71, in addition to the existing flexibility
provided under subdivision (f) of Section 11320.3.
   (f) It is the further intent of the Legislature to minimize
disruption of welfare-to-work services for individuals already
participating, and prioritize exemptions and good cause for
applicants.
   (g) Funding and caseload factors will result in circumstances
beyond the control of the counties in the 2009-10 and 2010-11 fiscal
years, and that relief should be provided for federal penalties that
may result.