2009 California Welfare and Institutions Code - Section 11331-11334.7 :: Article 3.5. Cal-learn Program

11331.  (a) The Legislature finds and declares that the connection
between teenage parenting and long-term welfare dependency has been
well documented by recent social science research. An estimated 60
percent of teenage parents who are currently receiving welfare will
have 10 or more years of dependency on aid. Average time on aid for
teenage parents is significantly longer than for parents who begin
families at an older age.
   (b) The Legislature finds that teenage parents who receive
assistance under the CalWORKs program have unique education,
vocational, training, health, and other social service needs that are
not specifically provided for as part of the welfare-to-work
activities. Research shows that successful programs that help teenage
parents achieve self-sufficiency contain the following features:
   (1) A comprehensive range of health and social services.
   (2) Adequate supportive services.
   (3) A sympathetic and supportive program atmosphere.
   (4) Individual attention, especially regarding education pace and
plan.
   (5) An open format and an extended period of program availability.
   (6) Caring, nonjudgmental staff.
   (7) Strong case management systems, including followup activities
to determine whether a student is progressing in his or her studies.
   (c) The Legislature declares that this article is intended to
ensure that the GAIN program does all of the following:
   (1) Provide the education and training services needed by teenage
parents to help them earn a high school diploma or its equivalent,
including vocational training and preparation that may be available
through local education agencies.
   (2) Link teenagers to other needed health and social services
available in the community.

11331.5.  (a) Recipients of aid under this chapter who are under 19
years of age, who are pregnant or custodial parents, shall be
required to participate in the program, subject to both of the
following requirements:
   (1) The teenage parent shall participate in the program until
earning his or her high school diploma or its equivalent.
   (2) The teenage parent shall participate in the program as a
student attending school on a full-time basis, as normally defined by
the school in which the participant enrolls.
   (b) A teen, as defined in paragraph (2) of subdivision (e) may
continue to participate in the program provided for under this
article. Any teen participating under this article pursuant to this
subdivision shall be eligible for the same benefits as is any
individual required to participate in the program.
   (c) Notwithstanding subdivision (a), the county shall exempt a
teenage parent from the program as verified by the county when any of
the following conditions occur:
   (1) The teenage parent is expelled from school and obtains
verification that no other school in the district will permit him or
her to attend, and the case manager cannot arrange for enrollment in
an alternative school.
   (2) The teenage parent cannot receive payment for child care or
transportation expenses due to lack of program funding.
   (3) Child care is necessary and unavailable.
   (4) Public or private transportation is necessary and unavailable.
   (5) A foster care payment is made under this chapter on behalf of
the teenage parent.
   (6) The teen parent has an illness, injury, or incapacity, as
determined by a doctor's verification, that substantially deprives
the teen parent of the ability to meet program requirements or to be
successful in earning a high school diploma or its equivalent, and an
alternative education program cannot be arranged.
   (d) For the purposes of this article, "teen" or "teenage parent"
means either of the following:
   (1) A custodial parent or pregnant woman under 19 years of age,
who is required to participate pursuant to subdivision (a).
   (2) A custodial parent or pregnant woman 19 years of age who,
prior to becoming 19 years of age, was participating in the program
pursuant to subdivision (a), and who is otherwise eligible for
voluntary continued participation in the program.

11331.7.  Counties shall arrange for the provision of education and
supportive services that teenage parents need to successfully
participate in the Cal-Learn Program. The county shall identify the
need of each individual for, and the method of providing, the
following services:
   (a) Supportive services, including child care and transportation,
as specified in Section 11323.2. Supportive services shall be limited
to those that are necessary to enable the teenage parent to attend
school regularly.
   (b) Intensive case management services, as described in Section
11332.5.
   (c) Any other services necessary for the teen parent to
successfully participate in the Cal-Learn Program, that may include,
but not be limited to, mental health services and substance abuse
treatment.

11332.  (a) Participation by a teenage parent shall be deferred if
the county determines that any of the services an individual is
assessed as needing pursuant to Section 11331.7 are not available.
   (b) Participation by a teenage parent shall be deferred so long as
the individual has a special need that directly affects his or her
ability to attend school or be successful in earning a high school
diploma and the special need cannot be addressed.
   (c) Participation by a teenage parent shall be deferred after the
birth of a child for a period of postpartum recovery as prescribed by
a physician.

11332.5.  (a) Counties shall arrange for the provision of case
management services and counseling to teenage parents to assist their
participation in the Cal-Learn Program. Case management services
shall include all of the following:
   (1) Designing a realistic plan that assists in maximizing the
ability of each client to graduate from high school or its equivalent
and includes referrals to services that:
   (A) Reduce the incidence of maternal and child morbidity and
mortality, including the incidence of low birthweight infants.
   (B) Enhance the teen's parenting skills.
   (C) Facilitate an effective ongoing relationship between the
teenage parent, the noncustodial parent, and the child where it is in
the best interest of the child and the teenage parent.
   (D) Assess the suitability of the teenage parent's living
situation, including, but not limited to, the physical and emotional
health and safety of the teenage parent and the child.
   (2) Providing referrals to appropriate community services needed
to assist the teenage parent's return to school.
   (3) Monitoring each client's progress and making the necessary
changes to improve the individual's program.
   (4) (A) Acting as a counselor, colleague, and role model so that
each teenage parent has someone to trust and to turn to for advice,
guidance, and ideas.
   (B) Case managers should be prepared to provide intensive
counseling during all phases of a teenage parent's progress through
the program.
   (5) Ensuring that each teenage parent understands the program
requirements and the consequences of not making adequate or
satisfactory progress required under this article.
   (b) Counties shall afford case managers assigned to assist teenage
parents sufficient time to provide the needed case management
services.
   (c) (1) Case managers assigned to assist teenage parents shall
possess an expertise in understanding the education, training, and
other social and health service needs of teenage parents, as well as
the local programs that provide these services.
   (2) Each county, in conjunction with the department, shall provide
training to persons assigned to work with teenage parents to develop
the expertise required by paragraph (1).
   (d) The county plan required by Section 11320.6 shall describe the
way each county proposes to provide case management services to
teenage parents.

11332.7.  (a) Notwithstanding Article 3.2 (commencing with Section
11320), there shall be no limits on the amount of time that a teenage
parent under the age of 19 may participate in the initial education
components of the program in order to achieve a high school diploma
or its equivalent.
   (b) Teenage parents who begin participation in the program before
the age of 19 may continue to receive needed intensive case
management services after the age of 19 until the individual earns a
high school diploma or its equivalent.

11333.  (a) Except as provided in subdivision (b), counties shall
contract for the provision of case management services, as described
in subdivision (b) of Section 11331.7 and in Section 11332.5, with
public or nonprofit agencies or school districts that administer
services under the Adolescent Family Life Program (Article 1
(commencing with Section 124175) of Chapter 4 of Part 2 of Division
106 of the Health and Safety Code).
   (b) Counties may contract with other public or nonprofit agencies
or school districts for case management services or provide case
management services directly in cases where services from contractors
under the Adolescent Family Life Program are not available or
cost-effective, or where the county has an existing teen services
program, and if all the following conditions are met:
   (1) The Director of Health Services has determined that the
services conform to the standards and scope of services provided
through the Adolescent Family Life Program.
   (2) The county plan includes a justification for not contracting
with the Adolescent Family Life Program.
   (3) The services are designed with the cooperation of the local
health agency.
   (c) Counties shall include Adolescent Family Life Program
contractors in their planning of Cal-Learn implementation.
   (d) In implementing this section and developing model contracts,
the department shall consult with the State Department of Health
Services so as to promote the purposes of this program.

11333.5.  (a) Counties shall develop linkages with local service
providers that serve teenage parents.
   (b) The county plan shall specifically describe those required
services that are available to teenage parents, as follows:
   (1) An identification of available services to teenagers.
   (2) The extent to which these programs are currently serving AFDC
recipients.
   (3) The resources that these programs may make available to GAIN
participants.
   (4) The linkages established with these programs.
   (c) The department shall review each county's plan to determine
both of the following:
   (1) Whether the intensity of case management services provided by
the county meets the requirements of subdivision (b) of Section
11331.7.
   (2) Whether the availability of services to teenagers is adequate.

11333.7.  (a) Any participant required to participate pursuant to
Section 11331.5 who maintains satisfactory progress in school shall,
not more than four times in a calendar year, receive a one hundred
dollar ($100) supplement to the amount of aid paid pursuant to
Section 11450. The supplement shall be paid to the assistance unit of
which the teenage parent is a member in the month following
submission of the report card, if received by the county no later
than the eleventh calendar day of the month, or in the second month
following submission of the report card, if received by the county
after the eleventh calendar day of the month.
   (b) (1) Any participant required to participate pursuant to
Section 11331.5 who fails to demonstrate that he or she has made
adequate progress in school, either by failing to provide the report
card or based on the grades on the report card, shall, not more than
four times in a calendar year, be subject to a sanction that shall be
a reduction of one hundred dollars ($100) of the amount that would
otherwise be paid under Section 11450 apportioned equally over a
two-month period.
   (2) (A) Participants, including, but not limited to, those subject
to sanctions, may seek to demonstrate good cause for lack of
adequate progress. If there is good cause for lack of adequate
progress the county shall either defer the participant from program
participation, or waive all or part of the sanction, or both.
Participants shall not otherwise be subject to conciliation under
Section 11327.4 and sanctions under Section 11327.5, and shall be
referred to case management services to determine the causes of poor
school performance and how it can be improved.
   (B) For the purposes of this section, failing to make adequate
progress in school shall constitute good cause only when there is a
condition or other circumstances that substantially deprive the
participant of the ability to make adequate progress on the report
card or periodic progress report.
   (c) Any participant required to participate pursuant to Section
11333.5 who successfully completes high school or a California high
school equivalency examination shall receive a five hundred dollar
($500) supplement. No assistance unit shall receive a one hundred
dollar ($100) supplement when a five hundred dollar ($500) supplement
for the same report card or progress report is paid. The five
hundred dollar ($500) supplement shall be paid to the teenage parent
in the month following submission of the record of completion, if
received by the county no later than the 11th calendar day of the
month, or in the second month following submission of the record of
completion, if received by the county after the 11th calendar day of
the month.
   (d) The sanction specified in subdivision (b) shall be applied
only once per report card, not to exceed fifty dollars ($50) in any
single month, and shall be applied to the amount of aid paid to the
assistance unit of which the teenage parent is a member pursuant to
Section 11450. The participant shall submit a copy of the report card
to the case manager within 10 working days of receipt of the report
card.
   (e) (1) For purposes of this section, in schools that provide
periodic report cards with letter grades, satisfactory progress means
maintaining a grade point average of at least 2.0 on a scale where A
equals 4.0 points and F equals 0 points, and adequate progress means
maintaining a grade point average of at least 1.0 on the same scale.
   (2) For the purposes of this section, in schools or other
educational programs that do not provide letter grades indicating
student performance, satisfactory progress or inadequate progress
shall be determined by the school's regular assessment of periodic
progress.
   (f) In cases where a participant is subject to a sanction pursuant
to subdivision (b), case managers shall do all of the following:
   (1) Fully inform teenage parents of the consequences of continuing
to fail to comply with the program.
   (2) Make reasonable efforts to reach teenage parents who they
believe are in danger of continuing to fail to make satisfactory or
adequate progress or not to attend school.
   (3) Make reasonable efforts to secure a face-to-face meeting with
a teenage parent before initiating a sanction.
   (g) If a teenage parent fails or refuses to comply with program
requirements without good cause, the case manager shall again inform
the client of the consequences of not participating in the program,
and shall provide the teenage parent with the telephone number and
address of the local welfare rights organization or legal aid
society, should he or she need further assistance.

11334.2.  Sanctions and bonuses pursuant to Section 11333.7 shall be
applied in the first quarter following participant notification of
program requirements.

11334.5.  Notwithstanding Sections 11322 and 11322.2, the state
shall fund 100 percent of the nonfederal share of case management and
supportive services provided under the Cal-Learn program. The net
costs of bonuses and sanctions provided pursuant to Section 11330.10
shall be subject to the same financial participation as payment under
subdivision (a) of Section 11450, and administrative cost associated
with applying these bonuses and sanctions shall be subject to the
financial participation specified in Section 15204.2.

11334.51.  (a) The department shall reduce the allocation of money
from Items 5180-151-001 and 5180-151-890 of the Budget Act with
respect to any county to which both of the following apply:
   (1) The county did not have an approved Cal-Learn county plan
pursuant to Section 11333.5 as of April 1, 1995, or subsequently
amends the plan in the manner set forth in paragraph (2).
   (2) The county has taken action to enter into an agreement with
the department for less than full implementation of this article and
an agreement is in effect on July 1, 1996.
   (b) The amount of the reduction required by subdivision (a) shall
be an amount equal to three times the full cost incurred by the
department to implement the affected function.

11334.7.  The director may provide funds to support this article in
an item separate from other welfare-to-work activities, and these
funds shall not be subject to Section 11322.4.