20250SB__011996CHP INTRODUCED 2025-01-23 AMENDED_ASSEMBLY 2025-06-27 PASSED_ASSEMBLY 2025-07-07 PASSED_SENATE 2025-07-17 ENROLLED 2025-07-17 CHAPTERED 2025-07-29 APPROVED 2025-07-29 FILED 2025-07-29 2025 SB CHP CHP 0 Introduced by Committee on Budget and Fiscal Review LEAD_AUTHOR SENATE Committee on Budget and Fiscal Review

An act to amend

Section 11165.7 of the Penal Code, to amend Sections 706.5, 10544, 11323.2, 11325.15, 11325.2, 11327.4, 11327.5, 11461, 15771, 16501, 16504, 16523.1, 16560, 16562, 16587, 18901.58, and 18999.4 of, to amend, repeal, and add Sections 11320.1, 11322.6, 11325.22, 11325.4 of, to add Sections 11327.41, 16544.5, and 18950.1 to, to repeal Sections 11325.6 and of, and to repeal and add Sections 358.2 and 366.2 of, the Welfare and Institutions Code, and to amend

Section of

Chapter of the Statues of 2021, relating to public social services, and making an appropriation therefor, to take effect immediately, bill related to the budget. public social services, and making an appropriation therefor, to take effect immediately, bill related to the budget Public social services trailer bill.

(1) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified.

This bill would exclude from the definition of “mandated reporter” a licensee, administrator, or employee of a community care facility that exclusively serves adults and seniors. The bill would require the State Department of Social Services, through the State Office of Child Abuse Prevention, to, by no later than July 1, 2027, develop, with participation from specified individuals, including, among others, county child welfare agencies, a standardized curriculum for mandated reporters, and to make that training available on an internet website.

The bill would, except as provided, require an employer having one or more mandated reporters to encourage completion of the training by their mandated reporters within the first months of the mandated reporter’s employment, or on or before March 1, 2030, whichever is later. By imposing additional duties on counties, this bill would impose a state-mandated local program.

Existing law establishes the California Child Welfare Council to serve as an advisory board responsible for improving the collaboration and processes of the multiple agencies and the courts that serve the children and youth in the child welfare and foster care systems. Existing law requires the council to monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care.

This bill would require the California Child Welfare Council to establish a Mandated Reporting Advisory Committee, with specified membership, including, among others, representatives from county agencies, and would state the intent of the Legislature that the committee ensure the transformation of mandated reporting to community supporting continues and disparities in the child welfare system are eliminated. By imposing additional duties on counties, this bill would impose a state-mandated local program.

The federal Family First Prevention Services Act provides a state with the option to use certain federal funds to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing state law authorizes a county to elect to provide those prevention services by providing a written plan to the State Department of Social Services, which has oversight of the Family First Prevention Services program.

Existing law requires the county to consult with other relevant county agencies, as specified, in the development of the plan. The bill would require each county’s written plan to include the county’s plans to provide information for mandated reporters regarding resources available to support families in their communities, as specified.

(2) Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing law requires the State Department of Social Services to, on or before July 1, 2025, develop a methodology for estimating the CalFresh participation rate and identifying characteristics of Californians who are eligible for, but not receiving, CalFresh benefits, and to utilize that data to develop informed and targeted outreach strategies.

This bill would delay the deadline by which the department is required to develop that methodology to July 1, 2026, and would also require the department to, on or before July 1, 2027, develop a strategic plan for how the department’s methodology and outreach strategies may be implemented and executed to maximize benefits to those eligible for CalFresh benefits.

(3) Existing law establishes the Home Safe Program, the Bringing Families Home Program, and the Housing and Disability Income Advocacy Program, administered by the State Department of Social Services, to provide certain homelessness- or housing-related assistance or supports to eligible individuals through grant awards to counties or tribes. Under existing law, grantees under the Home Safe Program and the Bringing Families Home Program are required to match the funding on a dollar-for-dollar basis but are exempt from that requirement during specified multiyear periods.

This bill would indefinitely extend the exemption from dollar matching for grantees under the Home Safe Program and the Bringing Families Home Program. Existing law requires a grantee under the Housing and Disability Income Advocacy Program to seek reimbursement of funds, as specified, and to expend funds received as reimbursement for housing assistance only on additional housing assistance for clients receiving services under the program. Existing law waives the requirement to seek reimbursement of funds through June 30, 2026.

This bill would indefinitely extend the waiver for a program grantee to seek reimbursement, as specified.

(4) Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child’s parents or guardian and establishes procedures to determine placement of a dependent child.

Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. Existing law requires a child and family team, as defined, to perform specified child and family determination functions.

Existing law defines a child and family team meeting as a convening of all or some members of the child and family team and requires a child and family team meeting to conform to specified requirements, including, among others, that a notification be provided to the child or youth, their parent or guardian, and the caregiver upon the scheduling of a meeting, and that the child’s court-appointed educational rights holder be invited to the meeting under certain circumstances. This bill would require the placing agency to document the occurrence and

summary of the child and family team meeting on a specified form developed by the State Department of Social Services with any necessary redactions, and would require that a copy of each child and family team action plan completed on or after January 1, 2026, and not previously provided to the court, be attached to the above-described court report. By requiring additional duties of the placing agency, this bill would impose a state-mandated local program.

(5) Existing law establishes a Tiered Rate Structure, as specified, upon which the per child per month rate for every child in foster care would be based. The Tiered Rate Structure is based on the use of the Integrated Practice-Child and Adolescent Needs and Strengths (IP-CANS) assessment tool, as defined.

The Tiered Rate Structure includes components, including an amount paid to the foster care provider for care and supervision of the child, as defined, a strengths building allocation to provide for a child’s strengths building objectives, as identified by the IP-CANS, and an immediate needs allocation to provide for the child’s immediate needs, and would establish payment tiers, as specified.

Existing law prescribes various duties of county placing agencies relating to the implementation of the Tiered Rate Structure, including, but not limited to, ensuring completion of IP-CANS assessments for every child and nonminor dependent placed in foster care under the care, custody, and control of the placing agency.

Existing law requires the components of the Tiered Rate Structure to become operative on July 1, 2027, or the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure, whichever is later.

This bill would instead require all placing agencies, beginning January 1, 2026, to ensure completion of the IP-CANS assessments for every child and nonminor dependent placed in foster care under the care and supervision of the placing agency in accordance with standards and guidelines developed by the State Department of Social Services. The bill would require the IP-CANS assessment to be informed by members of the child and family team, as specified.

The bill would require the placing agency to ensure completion of the IP-CANS assessment and entry into the statewide child welfare information system for each child or nonminor dependent within days of their entry or reentry into foster care or within days in the case of an Indian child. The bill would require the placing agency to ensure completion of a new or updated IP-CANS assessment for each child or nonminor dependent at least once every months and more frequently to address the needs or changing circumstances of the child or nonminor dependent as directed by the State Department of Social Services.

Under the bill, the components of the Tiered Rate Structure will be effective on the date on which the IP-CANS assessment is completed and entered into the statewide child welfare information system or days after the child enters or reenters foster care, whichever comes first. The bill would require, if the IP-CANS assessment is not completed and entered into the statewide child welfare information system within days of a child’s entry or reentry into foster care, the components of the Tiered Rate Structure to be effective retroactive to days after the child enters or reenters foster care.

The bill would specify the rates to be paid for the components of the Tiered Rate Structure, and require the entry rate to be adjusted, beginning July 1, 2028, as specified.

The bill would instead make the components of the Tiered Rate Structure become operative on July 1, 2027, or the date after (1) the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure and (2) the Legislature makes an appropriation for the express purpose of implementing the Tiered Rate Structure, whichever is later.

Existing law establishes the Immediate Needs Program, to provide an array of integrated services and supports based on the immediate needs, as defined, of children who fall into Tier or Tier of the Tiered Rate Structure, pursuant to the IP-CANS assessment. Existing law requires the immediate needs funding for a child to be based on their tier, as determined by the IP-CANS.

Existing law requires each placing agency be provided funding to support the Immediate Needs Program, and the State Department of Social Services is required to utilize a reconciliation process to adjust biannual funding as needed to ensure the placing agency has sufficient funding to provide for the immediate needs of each eligible child or nonminor dependent.

This bill would instead require each placing agency be provided funding consisting of the total amount of Immediate Needs Funding for all eligible children and nonminor dependents in Tiers 2, 3, and 3+ who are under the placing agency’s care and supervision using a methodology developed by the State Department of Social Services, as specified. By revising the duties required of placing agencies, this bill would impose a state-mandated local program.

(6) Existing law authorizes the State Department of Social Services and the State Department of Health Care Services to issue all-county letters or similar instructions, as specified, to implement specified provisions until regulations are adopted. Existing law requires regulations to be adopted no later than July 1, 2024. This bill would extend the deadline by which regulations need to be adopted to January 1, 2030. The bill would also authorize the State Department of Social Services and the State Department of Health Care Services to issue all-county letters or similar instructions, as specified, for the purpose of this bill, until regulations are adopted no later than January 1, 2030.

(7) Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law generally requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility.

Existing law further specifies the sequence of employment-related activities a welfare-to-work participant is required to undertake, which includes a requirement that the participant receive orientation and appraisal, participate in job search and job club, be referred for assessment and establishment of a welfare-to-work plan, and participate in work activities.

Existing law establishes a list of the activities that qualify as welfare-to-work activities for inclusion in the welfare-to-work plan, which includes, among other things, unsubsidized employment, adult basic education, and job skills training directly related to employment. Existing law also requires that necessary supportive services be available to participants in welfare-to-work activities, including transportation costs, which are governed by regional market rates as determined in accordance with regulations established by the State Department of Social Services.

This bill would, among other things, require recipients to receive a combined appraisal and orientation to the welfare-to-work program, as specified, require counties to

schedule for certain recipients an assessment that evaluates their strengths and skills, and require counties to regularly review the family assistance plan with the participant. This bill would revise the list of activities that qualify as welfare-to-work activities by, among other things, including barrier removal services, and would also make participation in job search and job club optional.

This bill would specify that transportation services may include bus passes, mileage reimbursement, and car ownership programs, among other things, and would also specify that transportation costs include the payment for transporting a participant’s children, as specified. The bill would require all payments for transportation to be advanced to participants, as specified. Existing law requires the imposition of sanctions, as appropriate, if an individual has failed or refused to comply with program requirements without good cause and conciliation efforts have failed.

Existing law requires the termination of the sanction at any point if the noncomplying participant performs the activity or activities that they previously refused to perform. This bill would instead require the termination of sanctions if the participant indicates to the county verbally or in writing that they want to cure their sanction and begin participating in welfare-to-work activities, or the county verifies or otherwise discovers that the individual is or has been meeting the federally required minimum average number of hours per week of welfare-to-work participation.

The bill would prohibit the imposition of sanctions during the first days after an individual is determined eligible for aid, and would require, prior to the imposition of sanctions, the county to verify that the participant had secured childcare. The bill would make the above-described provisions operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement those provisions.

The bill would authorize the State Department of Social Services to implement, interpret, or make specific the above-described provisions by means of all-county letters or similar written instructions from the department until regulations are adopted. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.

(8) This bill would appropriate $100,000 from the Federal Trust Fund to the State Department of Social Services for child welfare programs.

(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. MAJORITY YES YES YES YES NO NO NO NO NO YES The people of the State of California do enact as follows:

SECTION

Section 11165.7 of the Penal Code is amended to read: 11165.7. (

a) As used in this article, “mandated reporter” is defined as any of the following:

(1) A teacher.

(2) An instructional aide.

(3) A teacher’s aide or teacher’s assistant employed by a public or private school.

(4) A classified employee of a public school.

(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.

(6) An administrator of a public or private day camp.

(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.

(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.

(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.

(10) A licensee, an administrator, or an employee of a licensed child daycare facility or community care facility, except those licensed community care facilities exclusively serving adults and seniors.

(11) A Head Start program teacher.

(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in

Section 11165.11.

(13) A public assistance worker.

(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.

(15) A social worker, probation officer, or parole officer.

(16) An employee of a school district police or security department.

(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.

(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to

Section of the Welfare and Institutions Code to represent a minor.

(19) A peace officer, as defined in

Chapter 4.5 (commencing with

Section 830) of Title of

Part 2, who is not otherwise described in this section.

(20) A firefighter, except for volunteer firefighters.

(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with

Section 500) of the Business and Professions Code.

(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with

Section 1797) of the Health and Safety Code.

(23) A psychological assistant registered pursuant to

Section of the Business and Professions Code.

(24) A marriage and family therapist trainee, as defined in subdivision (

c) of

Section 4980.03 of the Business and Professions Code.

(25) An unlicensed associate marriage and family therapist registered under

Section 4980.44 of the Business and Professions Code.

(26) A state or county public health employee who treats a minor for venereal disease or any other condition.

(27) A coroner.

(28) A medical examiner or other person who performs autopsies.

(29) A commercial film and photographic print or image processor as specified in subdivision (

e) of

Section 11166.

As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation.

The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.

(30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.

(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: (A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. (B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to

Section or of the Corporations Code.

(32) A clergy member, as specified in subdivision (

d) of

Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.

(33) Any custodian of records of a clergy member, as specified in this

section and subdivision (

d) of

Section 11166.

(34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department.

(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.

(36) A custodial officer, as defined in

Section 831.5.

(37) A person providing services to a minor child under

Section or 12300.1 of the Welfare and Institutions Code.

(38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.

(39) A clinical counselor trainee, as defined in subdivision (

g) of

Section 4999.12 of the Business and Professions Code.

(40) An associate professional clinical counselor registered under

Section 4999.42 of the Business and Professions Code.

(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in

Article 3 (commencing with

Section 950) of

Chapter of Division of the Evidence Code.

(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades to 12, inclusive. (43) (

A) A commercial computer technician as specified in subdivision (

e) of

Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this

article if that employer complies with

Section 2258A of Title of the United States Code. (

B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (

e) of

Section to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this

article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by

Section 11172.

(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.

(45) An individual certified by a licensed foster family agency as a certified family home, as defined in

Section of the Health and Safety Code.

(46) An individual approved as a resource family, as defined in

Section of the Health and Safety Code and

Section 16519.5 of the Welfare and Institutions Code.

(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in

Section 1374.73 of the Health and Safety Code and

Section 10144.51 of the Insurance Code.

(48) A human resource employee of a business subject to

Part 2.8 (commencing with

Section 12900) of Division of Title of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by

Chapter 6 (commencing with

Section 12940) of

Part 2.8 of Division of Title of the Government Code.

(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to

Part 2.8 (commencing with

Section 12900) of Division of Title of the Government Code is a mandated reporter of sexual abuse, as defined in

Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the person’s duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter. (

b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in

Section 11165.9. (c)

(1) Except as provided in subdivision (

d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (

a) of

Section 11166.5.

(2) Employers subject to paragraphs (48) and (49) of subdivision (

a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services. (

d) Pursuant to

Section of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (

a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. (e)

(1) On and after January 1, 2018, pursuant to

Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first days when that administrator or employee is employed by the facility.

(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. (

f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article. (

g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.

SEC.

Section 358.2 of the Welfare and Institutions Code is repealed.

SEC.

Section 358.2 is added to the Welfare and Institutions Code , to read: 358.2. The court report prepared pursuant to

Section 358.1 shall include a copy of each child and family team action plan, as required by subparagraph (

B) of paragraph (5) of subdivision (

a) of

Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court.

SEC.

Section 366.2 of the Welfare and Institutions Code is repealed.

SEC.

Section 366.2 is added to the Welfare and Institutions Code , to read: 366.2. The court report prepared pursuant to

Section 366.1 shall include a copy of each child and family team action plan, as required by subparagraph (

B) of paragraph (5) of subdivision (

a) of

Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court.

SEC.

Section 706.5 of the Welfare and Institutions Code is amended to read: 706.5. (

a) If placement in foster care is recommended by the probation officer, or where the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study prepared by the probation officer that is received into evidence at disposition pursuant to

Section shall include a case plan, as described in

Section 706.6. If the court elects to hold the first status review at the disposition hearing, the social study shall also include, but not be limited to, the factual material described in subdivision (c). (

b) If placement in foster care is not recommended by the probation officer prior to disposition, but the court orders foster care placement, the court shall order the probation officer to prepare a case plan, as described in

Section 706.6, within days of the placement order. The case plan shall be filed with the court. (

c) At each status review hearing, the social study shall include, but not be limited to, an updated case plan as described in

Section 706.6 and the following information: (1) (

A) The continuing necessity for and appropriateness of the placement. (

B) On and after October 1, 2021, for the minor or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for the minor or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to

Section 727.12, the social study shall include evidence of each of the following: (

i) Ongoing assessment of the strengths and needs of the minor or nonminor dependent continues to support the determination that the needs of the minor or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate level of care in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent. (ii) Documentation of the minor or nonminor dependent’s specific treatment or service needs that will be met in the placement, and the length of time the minor or nonminor dependent is expected to need the treatment or services.

For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation. (iii) Documentation of the intensive and ongoing efforts made by the probation department, consistent with the minor or nonminor dependent’s permanency plan, to prepare the minor or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.

(2) The extent of the probation department’s compliance with the case plan in making reasonable efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor.

(3) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care.

(4) If the first permanency planning hearing has not yet occurred, the social study shall include the likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or referred to another planned permanent living arrangement.

(5) Whether the minor has been or will be referred to educational services and what services the minor is receiving, including special education and related services if the minor has exceptional needs as described in

Part 30 (commencing with

Section 56000) of Division of Title of the Education Code or accommodations if the child has disabilities as described in

Chapter 16 (commencing with

Section 701) of Title of the United States Code Annotated. The probation officer or child advocate shall solicit comments from the appropriate local education agency prior to completion of the social study.

(6) If the parent or guardian is unwilling or unable to participate in making an educational or developmental services decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational or developmental services decisions for the child, the probation department shall consider whether the right of the parent or guardian to make educational or developmental services decisions for the minor should be limited. If the study makes that recommendation, it shall identify whether there is a responsible adult available to make educational or developmental services decisions for the minor pursuant to

Section 726.

(7) When the minor is years of age or older and in another planned permanent living arrangement, the social study shall include a description of all of the following: (

A) The intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, or establish a legal guardianship, as appropriate. (

B) The steps taken to do both of the following: (

i) Ensure that the minor’s care provider is following the reasonable and prudent parent standard. (ii) Determine whether the minor has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the minor about opportunities for the minor to participate in the activities.

(8) When the minor is under years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers. (9) (

A) For a child who is years of age or older and has been declared a ward of the juvenile court pursuant to

Section or for a year or longer, the information in subparagraph (

B) of paragraph (1) of subdivision (

h) of

Section 366.1. (

B) For a child who is years of age or older, whether the probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (

h) of

Section 366.1. (

C) This paragraph does not affect any applicable confidentiality law.

(10) For a child who is years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (

g) of

Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.

(11) A copy of each child and family team action plan, as required by subparagraph (

B) of paragraph (5) of subdivision (

a) of

Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court. (

d) At each permanency planning hearing, the social study shall include, but not be limited to, an updated case plan as described in

Section 706.6, the factual material described in subdivision (

c) of this section, and a recommended permanent plan for the minor.

SEC. 7.

Section of the Welfare and Institutions Code is amended to read: 10544. (

a) If the department finds that a county is experiencing significantly worsened outcomes, it shall report this finding to the Chairs of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Health and Human Services, and the Assembly Committee on Human Services. (

b) If the state does not achieve the outcomes required by federal law and, as a result, is subject to a fiscal penalty, the penalty shall be shared equally by the state and the counties after exhaustion of all reasonable and available federal administrative remedies. If a county’s single allocation pursuant to

Section 15204.2 is reduced by the state to offset the county’s share of any federal penalty imposed pursuant to this section, the county shall be required to utilize county general funds to replace the offset amount, so that total funding remains equal to the county’s single allocation. These funds shall be in addition to the funds required to meet the maintenance-of-effort requirement pursuant to

Section 15204.4. Only those counties that have failed to meet the federal requirements shall be required to share in the fiscal penalty imposed on the state. Those counties’ share of the penalty imposed on the state shall equal percent of that penalty. Each county’s share of the penalty shall be based, in consultation with the County Welfare Directors Association, on the county’s degree of performance that contributes to the failure to meet the federal requirement. (

c) A county may be provided relief, in whole or in part, from a penalty imposed pursuant to subdivision (

b) if the department determines that there were circumstances beyond the control of the county. A county may also be provided relief based on the degree of success or progress in meeting federal requirements, and, to the extent that there are differences between state and federal program requirements, the degree of success in meeting state participation requirements. Any adjustment made pursuant to this subdivision shall be reported to the Chair of the Joint Legislative Budget Committee. If a county is granted relief, that portion of the total penalty shall not be imposed on the other counties that failed to meet the federal requirements. (

d) A county that fails, without good cause, to submit accurate and timely data used to measure work participation, as required by the department, shall be deemed to have failed to meet applicable federal requirements. For purposes of this subdivision, good cause includes, but is not limited to, the lack of accurate, timely, and complete instructions from the department. (

e) The amendments made to subdivision (

b) by the amendment of this

section in by

Chapter of the Statutes of 2006, clarify existing law, as enacted by Assembly Bill 1542 (Ch. 270, Stats. 1997). (f)

(1) The department shall consult with the workgroup created pursuant to

Section 11523, in the fall of 2022, to develop recommendations to address the existing emphasis on the federal work participation rate and penalty pass-on structure, as described in this section, while optimizing the implementation of the first cycle of the CalWORKs Outcomes and Accountability Review (Cal-OAR) process. The department shall submit a report of recommendations to the Legislature on or before April 15, 2023.

(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with

Section of the Government Code. (

g) This

section does not apply to any federal fiscal penalties imposed as a result of not meeting federal work participation rate requirements on or after October 1, 2025.

SEC.

Section 11320.1 of the Welfare and Institutions Code is amended to read: 11320.1. (

a) Subsequent to the commencement of the receipt of aid under this chapter, the sequence of employment-related activities required of recipients under this article, unless exempted under

Section 11320.3, shall be as follows:

(1) Orientation and appraisal. 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 and receive appraisal pursuant to

Section 11325.2. (2) (

A) After orientation and appraisal, if determined appropriate based on the appraisal, the county shall offer the recipient the opportunity to participate in family stabilization pursuant to

Section 11325.24, and, if available, substance abuse, mental health, or domestic violence services. If not determined to be appropriate based on the appraisal, or if the county determines that proceeding to assessment pursuant to paragraph (3) would not interfere with those services, the recipient shall participate in the assessment. (

B) A recipient who has not received their high school diploma or its equivalent shall be offered a welfare-to-work plan pursuant to

Section 11325.21 to participate in a high school education program or high school equivalency program, as described in

Section 11325.3. If the recipient declines to participate in the educational activities described in this subparagraph, and to instead participate in assessment, as provided for in

Section 11325.4, the recipient shall make that election in writing. Following assessment, the county and the recipient 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 recipient shall be assigned, and the supportive services, as provided for pursuant to

Section 11323.2, with which the recipient will be provided.

(3) Assessment. After orientation and appraisal, if not exempt pursuant to

Section 11320.3, the recipient shall be referred to assessment, as provided for in

Section 11325.4. Following assessment, the county and the recipient 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 recipient shall be assigned, and the supportive services, as provided for pursuant to

Section 11323.2, with which the recipient will be provided.

(4) Work activities. A recipient who has signed a welfare-to-work plan pursuant to

Section 11325.21 shall participate in work activities, as described in this article. (

b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific the changes made to this

section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

c) This

section shall become inoperative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as added by the act that added this subdivision, and, as of January of the following year, is repealed.

SEC.

Section 11320.1 is added to the Welfare and Institutions Code , to read: 11320.1. (

a) Subsequent to the commencement of the receipt of aid under this chapter, the sequence of activities of counties and recipients under this article, unless exempted under

Section 11320.3, shall be as follows: (1) (

A) Orientation and appraisal. The county shall provide recipients with a combined appraisal and an orientation to the welfare-to-work program provided under this article, unless the recipient has attended an appraisal in the past months. (

B) The county shall provide the recipient with a blank simplified appraisal form, as set forth in

Section 11325.15, and an online link to the form that the individual can return in person, by mail, or electronically. The appraisal shall gather and provide information about the applicant in all of the following areas: (

i) Housing status and stability. (ii) Language barriers. (iii) Physical and behavioral health, including mental health and substance abuse issues. (iv) Child physical and behavioral health and well-being. (

v) Criminal background that may present a barrier to employment or housing stability. (vi) The individual’s assessment of their skills, prior work experience, and employability. The individual may indicate they would like assistance with this assessment. (vii) Need for supportive services, as described in

Section 11323.2. (viii) Any other barrier the individual chooses to identify. (

C) Orientation shall include all of the following: (

i) A review of the full range of the welfare-to-work activities described in

Section 11322.6 and supportive services described in

Section 11323.2. (ii) Information on the bases for exemption described in

Section 11320.3, how to request an exemption, and the opportunity to participate and receive supportive services as an exempt volunteer. (iii) An offer to be screened and evaluated for a learning disability. (iv) Information regarding the ability to request barrier removal services and referrals at any time. (

v) Provision of a welfare-to-work plan, as described in

Section 11325.21, and information on alternative ways to submit the plan, including electronically. The recipient may attend orientation in person, by telephone, or by any alternative mode the county has available that the recipient chooses. (vi) The county shall ask if the recipient has a physical, mental, or emotional circumstance that would interfere with their participation in welfare-to-work activities. If the recipient discloses a barrier, the county shall review the recipient’s case for and provide exemptions pursuant to

Section 11320.3 and offer services to assist with barrier removal. (

D) Pursuant to

Section 11325.15, the department shall develop a standardized statewide orientation and appraisal, in consultation with stakeholders. Counties may add county-specific information to the standardized orientation.

(2) Initial engagement activities may include other activities, if eligible, such as family stabilization pursuant to

Section 11325.24, or substance abuse, mental health, or domestic violence services, as described in paragraph (1). The recipient shall make that election verbally or in writing on the welfare-to-work plan.

(3) Create welfare-to-work plan. After completing orientation and appraisal, the participant may complete and return the welfare-to-work plan to the county. (4) (

A) Assessment and welfare-to-work plan development. (

B) If a recipient has not either completed a simplified appraisal or a welfare-to-work plan within days of being approved for aid, or if a recipient has requested county assistance, as described in paragraph (11) of subdivision (

a) of

Section 11325.2, the county shall set an appointment, which may include an assessment to collaboratively develop the plan, as described in

Section 11325.4. The notice to the recipient of the appointment shall include a blank welfare-to-work plan, as described in

Section 11325.21, and information on alternative ways to submit the plan. The assessment shall be conducted in person, by telephone, or by any alternative mode the county has available that the recipient chooses. (

C) The plan development appointment may be in person, by telephone, or by any alternative mode the county has available that the recipient chooses. The recipient may complete and return a welfare-to-work plan in lieu of attending the appointment. The plan, as set forth in

Section 11325.21, shall be developed within days of approval of aid.

(5) Work activities. At the completion of the welfare-to-work plan development, the recipient shall sign the plan in person, or by any alternative mode of providing a signature, as available in the county, including, but not limited to, electronic, telephonic, and oral attestation. A recipient who has signed a welfare-to-work plan described in

Section 11325.21 shall participate in work activities, as described in this article.

(6) The county shall regularly review the welfare-to-work plan with the participant to ensure that the plan accurately reflects the current services and participation activities the county feels are best suited to support their well-being. During times that the county has personal contacts with the participant, or during other outreach efforts made by the county, the county shall offer to review the welfare-to-work activities.

If those contacts or other outreach efforts have not occurred, and no other plan adjustments have been made to the plan within the past six months, the county shall send the participant a written notice along with their current plan and information on how to contact the county to make any plan adjustments. (

b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific this

section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

c) This

section shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC.

Section 11322.6 of the Welfare and Institutions Code is amended to read: 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 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 CalFresh 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) Work study. (

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. (

s) This

section shall become inoperative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as added by the act that added this subdivision, and, as of January of the following year, is repealed.

SEC.

Section 11322.6 is added to the Welfare and Institutions Code , to read: 11322.6. (

a) The welfare-to-work plan developed 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:

(1) Educational activities, which may include, but are not limited to, all of the following: (

A) Postsecondary education leading to a degree or certificate, which may be attended in person or online. (

B) Obtaining a high school diploma. (

C) Technical training and vocational education and training, including, but not limited to, college and community college education, adult education, regional occupational centers, and regional occupational programs. (

D) Career-specific education. (

E) Job skills training. (

F) Adult basic education, which shall include reading, writing, arithmetic, high school proficiency, or a general educational development certificate of instruction, and English as a second language. Participants under this subparagraph 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.

(2) Work activities, which may include, but are not limited to, those set forth in

Section 261.30 of Title of the Code of Federal Regulations, and any of the following: (

A) Unsubsidized employment. (

B) Subsidized private or public sector employment. (

C) 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 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. (

D) On-the-job training. (E) (

i) 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. (ii) 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: (

I) How job termination or another event will not result in loss of the recipient’s grant funds, pursuant to department regulations. (II) (ia) How to obtain the federal Earned Income Tax Credit (EITC), including the Advance EITC, and increased CalFresh benefits, which may become available due to increased earned income. (ib) 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. (III) 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. (iii) Grant-based on-the-job training shall include community service positions pursuant to

Section 11322.9. (iv) 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. (

F) 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.

(3) Barrier removal services, when available, which may include, but not be limited to, all of the following: (

A) Mental health services, as described in

Section 11325.7; substance abuse treatment services, as described in

Section 11325.8; CalWORKs Home Visiting Program services, as described in

Article 3.4 (commencing with

Section 11330.6); and domestic violence services, as described in

Article 7.5 (commencing with

Section 11495). (

B) Financial literacy classes and coaching. (

C) Activities that develop and enhance workplace skills, including, but not limited to, career-specific training programs, English language learning, literacy and mathematics skill courses, or credential programs. (

D) Working with children’s health and school professionals, parenting classes, education-related appointments for the participant or their dependents, child welfare or child welfare-related activities, and any other activities to help ensure child well-being and family unity. (

E) Activities that build foundations for employment, including, but not limited to, housing search efforts. (

F) Activities related to legal issues or housing stability, including, but not limited to, court appearances, housing searches and tenant rights and obligation classes, homeless support programs, and shelter participation requirements. (

b) The department shall have the discretion to identify additional plan activities that improve employment opportunities and family well-being. (

c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific this

section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

d) This

section shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC.

Section 11323.2 of the Welfare and Institutions Code is amended to read: 11323.2. (

a) Necessary supportive services shall be offered and available to every participant to enable them to participate in a program activity or to accept or maintain employment. Necessary supportive services shall also be offered and available to every individual who is not required to participate, but chooses to participate voluntarily, to allow them to participate in a program activity or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services shall have good cause for not participating under subdivision (

f) of

Section 11320.3. Supportive services shall be listed in the welfare-to-work plan or other agreement entered into between the county and participant pursuant to this article, supportive services shall include all of the following:

(1) Childcare. (

A) Paid childcare shall be available to every participant with a dependent child in the household who needs paid childcare if the child is years of age or under, or requires childcare or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county human services agency, or who is under court supervision. A county human services agency may verify the need for childcare or supervision for a child over years of age from an individualized education plan or a statement from a qualified professional that the child is a child with exceptional needs, as defined in

Section 10213.5. A sanctioned participant shall have access to childcare pursuant to this

section if the participant has indicated an intent to engage in a program activity or employment, but has not yet participated. (

B) First-stage childcare, as described in

Chapter 21 (commencing with

Section 10370) of

Part 1.8, shall be full time, unless the participant determines that part-time care better meets the family’s needs. Upon establishing initial or ongoing eligibility for first-stage childcare services under this chapter, a family shall be considered to meet all eligibility and need requirements and be authorized for not less than months, or until the participant is transferred to the second stage of childcare. This shall apply to every participant who indicates a need for childcare in order to engage in a program activity or employment.

A participant may, at any time, indicate a new or increased need for childcare and the information shall be used, as applicable, to authorize childcare in accordance with this subparagraph or increase the family’s services. (

C) Necessary childcare services shall be available to every former recipient for up to two years, pursuant to

Chapter 21 (commencing with

Section 10370) of

Part 1.8. Beginning January 1, 2021, or the date that automation changes occur, as required for implementation, in the Statewide Automated Welfare System, whichever date is later, in the 18th month following the date of last receipt of aid, the county shall send a notice, via mail to the last known address, text message, or email, to a former recipient who is not currently receiving second- or third-stage childcare informing them that their eligibility for stage-two childcare will expire by the end of the 24th month following their last receipt of aid, and how to obtain stage-two childcare services.

The department shall issue an all-county letter or similar directive by November 1, 2019, to implement this subparagraph, until regulations are adopted. (

D) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C.

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.

Sec. 1381 et seq.), or a child who is not a member of the assistance unit but for whom the recipient is responsible for providing support, 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

Chapter 21 (commencing with

Section 10370) of

Part 1.8. Parent fees shall be governed by Sections and 10291. (

F) For purposes of subparagraphs (

A) and (B), a participant includes an individual who is not required to participate, and expresses an intent to participate voluntarily, or a sanctioned participant who indicates an intent to engage in any program activity, as defined in subdivision (c), or employment. After securing childcare services, to document their commitment to participate, a participant shall sign a welfare-to-work plan or a curing plan, whichever is appropriate, or other agreement that may be developed and approved for use on a statewide basis by the department.

(2) Diaper costs. (

A) On and after April 1, 2018, a participant who is participating in a welfare-to-work plan shall be eligible for thirty dollars ($30) per month to assist with diaper costs for each child who is under months of age. (

B) The department shall adopt regulations by January 1, 2020, to implement this paragraph. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department shall implement this paragraph through all-county letters until regulations are adopted.

(3) Transportation costs. (

A) Transportation services may include, but not be limited to, bus passes, mileage reimbursement, van pools, car repairs, car ownership programs, rideshare, parking, and tolls. Counties shall inform participants of the various transportation services available in the county and have the participant identify which transportation services they need in order to participate in welfare-to-work activities. (

B) When the county approves transportation costs for use of a private vehicle, the participant shall receive an advance payment for mileage, which shall be based on a mileage rate used in the county and in the county plan or a regional market rate that is updated annually. In addition, counties may opt to provide separate payments for specific necessary costs related to use of a private vehicle, including, but not limited to, gas, oil, insurance, license and registration fees, normal wear and tear, and maintenance, parking, tolls, car repairs, and other costs directly related to transportation and the activity. (

C) Transportation costs include payment for transporting a participant’s children when necessary for the participant to participate in their welfare-to-work assignment or activity. (

D) All payments for transportation shall be advanced to participants. At the time the welfare-to-work plan is developed and the participant’s activities are assigned, the county shall also determine what transportation services the participant needs, and shall issue the transportation payment based on the activities contained in the plan, prior to requiring the participant to participate in the activity.

(4) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs.

(5) 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 and related supportive services, to help the participant and the participant’s family adjust to the participant’s 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 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment. (

c) For the purposes of paragraph (1) of subdivision (a), “program activity” includes, but is not limited to, any welfare-to-work activity, orientation, appraisal, assessment, job search, job club, domestic violence services, court appearances, housing searches and classes, homeless support programs, shelter participation requirements, eviction proceedings, mental health services, including therapy or personal counseling, home visiting, drug and substance abuse services, parenting classes, and medical or education-related appointments for the participant or their dependents. (

d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific the changes made to this

section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

e) The changes made to this

section by the act that added this subdivision shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement

Section 11320.1.

SEC.

Section 11325.15 of the Welfare and Institutions Code is amended to read: 11325.15. (a)

(1) The Legislature hereby finds and declares that the Online CalWORKs Appraisal Tool (OCAT) is an essential part of CalWORKs welfare-to-work case management and should function as a shared service in the Statewide Automated Welfare System (SAWS), which is the system of record for the CalWORKs program, as expeditiously as possible.

(2) The State Department of Social Services shall expedite any necessary steps to obtain any necessary licenses to allow the OCAT to function as a shared service in the SAWS environment. (

b) OCAT shall become a shared service in the SAWS environment, consistent with the state’s shared services strategy. The functionality of OCAT in the SAWS environment shall include, but not be limited to, the exchange of data to prevent the need for duplicate data entry, to alert users to potential data conflicts, and to transmit OCAT recommendations to SAWS, where the recommendations may be used to streamline the case management of welfare-to-work activities and to produce reports. (

c) The implementation of this

section shall not reduce access by the department nor counties to OCAT data and recommendations, as that access existed as of June 30, 2017. (d)

(1) Notwithstanding any other law, contracts necessary to obtain licenses for OCAT and the alternate appraisal tool developed by the department pursuant to subdivision (

e) shall be exempt from the personal services contracting requirements of

Article 4 (commencing with

Section 19130) of

Chapter of Part of Division of Title of the Government Code.

(2) Notwithstanding any other law, contracts necessary to obtain licenses for OCAT and the alternate appraisal tool developed by the department pursuant to subdivision (

e) shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (

e) Consistent with

Section 11325.2, the department shall develop an updated streamlined appraisal tool to replace OCAT. This tool shall be designed to improve efficiency while maintaining the ability to assess participant strengths and barriers. The department shall convene a stakeholder workgroup, which may be convened concurrently with an existing department stakeholder meeting, to inform the development and use of this tool.

The stakeholder workgroup shall include, but not be limited to, representatives of organizations representing the County Welfare Directors Association of California, CalWORKs recipients, social workers, advocacy groups, and any relevant state, county, or city government agencies. The department shall ensure that, in replacing OCAT, the lines of inquiry necessary to support participants are retained in the appraisal tool, including, but not limited to, domestic violence, learning disabilities, and pregnant or parenting teenagers. (

f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific the changes made to this

section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

g) The changes made to this

section by the act that added this subdivision shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the changes made to this

section by the act that added this subdivision.

SEC.

Section 11325.2 of the Welfare and Institutions Code is amended to read: 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 allowable welfare-to-work activities and of the provision of supportive services, pursuant to

Section 11323.2. The appraisal shall gather and provide information about the recipient in the following areas:

(1) Employment history, interests, and skills.

(2) Educational history and learning disabilities.

(3) Housing status and stability.

(4) Language barriers.

(5) Physical and behavioral health, including, but not limited to, mental health and substance abuse issues.

(6) Child physical and behavioral health and well-being.

(7) Criminal background that may present a barrier to employment or housing stability.

(8) Domestic violence.

(9) Need for supportive services described in

Section 11323.2.

(10) Other information that may affect an individual’s ability to participate in work activities.

(11) The recipient’s determination of their skills, prior work experience, and employability. The recipient may indicate that they would like assistance with this determination. The recipient may request assistance with completing any portion of the appraisal. (b)

(1) The county shall utilize a standardized appraisal tool in order to assess strengths for and barriers to work activities. This tool shall be developed or selected by the department, in consultation with stakeholders, and shall be customized as needed for statewide use. (2) (

A) Upon completion of the development of the updated streamlined appraisal tool developed pursuant to

Section 11325.15, the county shall utilize the updated streamlined appraisal tool. (

B) This paragraph shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this paragraph.

(3) Concurrent with the development of the standardized appraisal tool, mandatory training shall be developed for administration of the tool and shall, in addition, include skill-building components, including, at a minimum, rapport building and interviewing techniques. (c)

(1) If the results of the appraisal indicate that the individual may face barriers that impair their ability to participate in work activities, the county shall refer the recipient for an evaluation and services as described in

Section 11325.25, 11325.5, or 11325.8, or may refer the recipient to family stabilization pursuant to

Section 11325.24.

(2) If information obtained from the appraisal indicates that the individual qualifies for an exemption from welfare-to-work requirements, the county shall apply the exemption, pursuant to subdivision (

b) of

Section 11320.3. (

d) This

section shall not apply to individuals subject to

Article 3.5 (commencing with

Section 11331) during the time that

article is operative.

SEC.

Section 11325.22 of the Welfare and Institutions Code is amended to read: 11325.22. (a)

(1) Following the appraisal required by

Section 11325.2, all participants except those described in paragraph (4) of this subdivision or those who are participating in other activities or assessment pursuant to

Section 11320.1, 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 they 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 their first program assignment following appraisal upon earning a high school diploma or its equivalent, if they have 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, 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 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. (

g) This

section shall become inoperative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as added by the act that added this subdivision, and, as of January of the following year, is repealed.

SEC.

Section 11325.22 is added to the Welfare and Institutions Code , to read: 11325.22. (

a) 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. (

b) The participant has 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) This

section shall not apply to individuals subject to

Article 3.5 (commencing with

Section 11331) during the time that

article is operative. (

e) This

section shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC.

Section 11325.4 of the Welfare and Institutions Code is amended to read: 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 their 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. (

e) This

section shall become inoperative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as added by the act that added this subdivision, and, as of January of the following year, is repealed.

SEC.

Section 11325.4 is added to the Welfare and Institutions Code , to read: 11325.4. (

a) An assessment shall be available upon completion of orientation and appraisal pursuant to

Section 11320.1. An assessment evaluates the participants’ strengths and skills to assist them in choosing the activities they wish to include in their welfare-to-work plan. At the participant’s option, this assessment may incorporate the Online CalWORKs Appraisal Tool, and shall include at least all of the following:

(1) The participant’s work history and an inventory of their employment skills, knowledge, and abilities.

(2) The participant’s educational history and present educational competency level.

(3) The participant’s need for supportive and barrier removal 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) Counties may contract with outside parties, including local educational agencies and service delivery areas to perform all or part of the assessment. (

c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific this

section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

d) This

section shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC.

Section 11325.6 of the Welfare and Institutions Code is repealed.

SEC. 20.

Section of the Welfare and Institutions Code is repealed.

SEC.

Section 11327.4 of the Welfare and Institutions Code is amended to read: 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 they are 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 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 calendar days of the notice, or contact the county by phone, within calendar days of the notice, and fails to do either of the following: (

A) Provide information to the county that they 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 they had good cause for that refusal or failure. The county shall

schedule an appointment within calendar days of the notice of action. The individual shall be allowed to reschedule the cause determination appointment at least 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 their right to assert good cause for their 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 their 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 their 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.

SEC.

Section 11327.41 is added to the Welfare and Institutions Code , immediately following

Section 11327.4 , to read: 11327.41. (

a) Notwithstanding any other law, a person shall not be subject to the sanctions specified in

Section 11327.5 unless the county verifies that the person had childcare available at the time they were supposed to participate in a specified welfare-to-work activity. (

b) Prior to imposing sanctions pursuant to

Section 11327.5, the county shall confirm that it provided the participant a request form and the reimbursement rules for childcare supportive services and that, if eligible for childcare supportive services, the participant had secured childcare. (

c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific this

section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (

d) This

section shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC.

Section 11327.5 of the Welfare and Institutions Code is amended to read: 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)

(1) 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 their status as a voluntary program participant, the individual shall not be given priority so long as other individuals are actively seeking to participate.

(2) Within the first days after an individual is determined eligible for aid, the sanctions provided for in subdivisions (

c) and (

d) shall not apply. (

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 their 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, they 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 their 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, their 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, their 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. This sanction shall terminate at any point if the noncomplying participant indicates to the county verbally or in writing that they want to cure their sanction and that they want to begin participating in welfare-to-work activities, or at any point the county verifies or otherwise discovers that, based on the most recent documentation available, the individual is or has been meeting the federally required minimum average number of hours per week of welfare-to-work participation as set forth in

Section of Title of the United States Code. If the participant wants to change their assigned activities, the county and the participant shall agree verbally or in writing to a new or amended welfare-to-work plan.

(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement and administer the changes made to this subdivision by the act that added this paragraph, through all-county letters or similar instruction that shall have the same force and effect as regulations until regulations are adopted. (

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) The changes made to this

section by the act that added this subdivision shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the changes made to this

section by the act that added this subdivision.

SEC. 24.

Section of the Welfare and Institutions Code is amended to read: 11461. (

a) For children or, on and after January 1, 2012, nonminor dependents placed in a licensed or approved family home with a capacity of six or less, or in an approved home of a relative or nonrelated legal guardian, or the approved home of a nonrelative extended family member, as described in

Section 362.7, or, on and after January 1, 2012, a supervised independent living placement, as defined in subdivision (

w) of

Section 11400, the per child per month basic rates in the following

schedule shall be in effect for the period July 1, 1989, through December 31, 1989: Age Basic rate 0–4 $ 294 5–8 $ 319 9–11 $ 340 12–14 $ 378 15–20 $ 412 (b)

(1) Any county that, as of October 1, 1989, has in effect a basic rate that is at the levels set forth in the

schedule in subdivision (a), shall continue to receive state participation, as specified in subdivision (

c) of

Section 15200, at these levels.

(2) Any county that, as of October 1, 1989, has in effect a basic rate that exceeds a level set forth in the

schedule in subdivision (a), shall continue to receive the same level of state participation as it received on October 1, 1989. (

c) The amounts in the

schedule of basic rates in subdivision (

a) shall be adjusted as follows:

(1) Effective January 1, 1990, the amounts in the

schedule of basic rates in subdivision (

a) shall be increased by percent.

(2) Effective May 1, 1990, any county that did not increase the basic rate by percent on January 1, 1990, shall do both of the following: (

A) Increase the basic rate in effect December 31, 1989, for which state participation is received by percent. (

B) Increase the basic rate, as adjusted pursuant to subparagraph (A), by an additional percent. (3) (

A) Except as provided in subparagraph (B), effective July 1, 1990, for the 1990–91 fiscal year, the amounts in the

schedule of basic rates in subdivision (

a) shall be increased by an additional percent. (

B) The rate increase required by subparagraph (

A) shall not be applied to rates increased May 1, 1990, pursuant to paragraph (2).

(4) Effective July 1, 1998, the amounts in the

schedule of basic rates in subdivision (

a) shall be increased by percent. Notwithstanding any other law, the 6-percent increase provided for in this paragraph shall, retroactive to July 1, 1998, apply to every county, including any county to which paragraph (2) of subdivision (

b) applies, and shall apply to foster care for every age group.

(5) Notwithstanding any other law, any increase that takes effect after July 1, 1998, shall apply to every county, including any county to which paragraph (2) of subdivision (

b) applies, and shall apply to foster care for every age group.

(6) The increase in the basic foster family home rate shall apply only to children placed in a licensed foster family home receiving the basic rate or in an approved home of a relative or nonrelative extended family member, as described in

Section 362.7, a supervised independent living placement, as defined in subdivision (

w) of

Section 11400, or a nonrelated legal guardian receiving the basic rate. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes. (d) (1) (

A) Beginning with the 1991–92 fiscal year, the

schedule of basic rates in subdivision (

a) shall be adjusted by the percentage changes in the California Necessities Index, computed pursuant to the methodology described in

Section 11453, subject to the availability of funds. (

B) In addition to the adjustment in subparagraph (

A) effective January 1, 2000, the

schedule of basic rates in subdivision (

a) shall be increased by 2.36 percent rounded to the nearest dollar. (

C) Effective January 1, 2008, the

schedule of basic rates in subdivision (a), as adjusted pursuant to subparagraph (B), shall be increased by percent, rounded to the nearest dollar.

The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster family homes, and shall not be used to recompute the foster care maintenance payment that would have been paid based on the age-related, state-approved foster family home care rate and any applicable specialized care increment, for any adoption assistance agreement entered into prior to October 1, 1992, or in any subsequent reassessment for adoption assistance agreements executed before January 1, 2008. (2) (

A) Any county that, as of the 1991–92 fiscal year, receives state participation for a basic rate that exceeds the amount set forth in the

schedule of basic rates in subdivision (

a) shall receive an increase each year in state participation for that basic rate of one-half of the percentage adjustments specified in paragraph (1) until the difference between the county’s adjusted state participation level for its basic rate and the adjusted

schedule of basic rates is eliminated. (

B) Notwithstanding subparagraph (A), all counties for the 1999–2000 fiscal year and the 2007–08 fiscal year shall receive an increase in state participation for the basic rate of the entire percentage adjustment described in paragraph (1).

(3) If a county has, after receiving the adjustments specified in paragraph (2), a state participation level for a basic rate that is below the amount set forth in the adjusted

schedule of basic rates for that fiscal year, the state participation level for that rate shall be further increased to the amount specified in the adjusted

schedule of basic rates. (e)

(1) As used in this section, “specialized care increment” means an amount paid on behalf of a child requiring specialized care to a home listed in subdivision (

g) in addition to the rates set forth in subdivisions (

g) and (h). Notwithstanding subdivision (g), the specialized care increment shall not be paid to a nonminor dependent placed in a supervised independent living placement as defined in subdivision (

w) of

Section 11400. A county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to

Section 10553.1 may have a ratesetting system for specialized care to pay for the additional care and supervision needed to address the behavioral, emotional, and physical requirements of foster children. A county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to

Section 10553.1 may modify its specialized care rate system as needed, to accommodate changing specialized placement needs of children. (2) (

A) The department shall have the authority to review the county’s or tribe’s specialized care information, including the criteria and methodology used for compliance with state and federal law, and to require changes if necessary to conform to state and federal law. (

B) The department shall make available to the public each county’s or tribe’s specialized care information, including the criteria and methodology used to determine the specialized care increments.

(3) Upon a request by a county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to

Section 10553.1 for technical assistance, specialized care information shall be provided by the department within days of the request to the department. (4) (

A) Except for subparagraph (B), beginning January 1, 1990, specialized care increments shall be adjusted in accordance with the methodology for the

schedule of basic rates described in subdivision (g). (

B) Notwithstanding subdivision (

e) of

Section 11460, for the 1993–94 fiscal year, an amount equal to percent of the State Treasury appropriation for family homes shall be added to the total augmentation for the AFDC-FC program in order to provide incentives and assistance to counties in the area of specialized care. This appropriation shall be used, but not limited to, encouraging counties to implement or expand specialized care payment systems, to recruit and train foster parents for the placement of children with specialized care needs, and to develop county systems to encourage the placement of children in family homes.

It is the intent of the Legislature that in the use of these funds, federal financial participation shall be claimed whenever possible. (C) (

i) Notwithstanding subparagraph (A), the specialized care increment shall not receive a cost-of-living adjustment in the 2011–12 or 2012–13 fiscal years. (ii) Notwithstanding clause (i), a county may choose to apply a cost-of-living adjustment to its specialized care increment during the 2011–12 or 2012–13 fiscal years.

To the extent that a county chooses to apply a cost-of-living adjustment during that time, the state shall not participate in the costs of that adjustment. (iii) To the extent that federal financial participation is available for a cost-of-living adjustment made by a county pursuant to clause (ii), it is the intent of the Legislature that the federal funding shall be utilized.

(5) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this subdivision shall be in accordance with the requirements provided in Sections and 30026.5 of the Government Code. (f)

(1) As used in this section, “clothing allowance” means the amount paid by a county, at the county’s option, in addition to the rates set forth in subdivisions (

g) and (

h) for the provision of additional clothing for a child, including, but not limited to, an initial supply of clothing and school or other uniforms. The frequency and level of funding shall be based on the needs of the child, as determined by the county.

(2) The state shall no longer participate in any clothing allowance in addition to the basic rate, commencing with the 2011–12 fiscal year. (g)

(1) Notwithstanding subdivisions (

a) to (d), inclusive, for a child, or on and after January 1, 2012, a nonminor dependent, placed in a licensed foster family home or with a resource family, or placed in a tribally approved home as defined in

Section 224.1, or placed in an approved home of a relative or the approved home of a nonrelative extended family member as described in

Section 362.7, or placed on and after January 1, 2012, in a supervised independent living placement, as defined in subdivision (

w) of

Section 11400, the per child per month basic rate in the following

schedule shall be in effect for the period commencing July 1, 2011, or the date specified in the final order, for which the time to