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ParaRegs-CalWORKs-Welfare-to-Work |
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101 Participation requirements |
106 Services
/ Supportive / Mental Health / Drug 108 Hearing
procedures / Grievances |
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Code |
Effective |
ParaReg
Text |
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As of
January 1, 1998, state law provides that any statutory reference to the
Greater Avenues for Independence (GAIN) program shall mean the
welfare-to-work activities under the CalWORKs program. (W&IC §11320) |
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100-3 |
REVISED
7/06 |
When
there are laws or CDSS regulations which authorize counties to adopt specific
standards which affect an applicant’s or recipient’s eligibility, grant
amount, or welfare-to-work (WTW) activities, including supportive services,
these standards shall be in writing and made available to the public on
request. (§11-501.3, effective February 10, 1999; All-County Letter (ACL) No.
02-03, January 18, 2002) These county standards must be in compliance with
translation requirements. (§21-115; ACL No. 00-08, January 3, 2000) Examples
of such mandated written standards include but are not limited to: (1)
Definitions of what constitutes regular school attendance and good cause
criteria under §40-105.5; extending the work exemption based on caring for a
young child under §42-712.47; diversion program requirements under
§81-215.32; child care or other required activities for children not in the
AU under §§47-201.12 and 47-401.45; and continuing case management and/or
supportive services for former recipients, under §42-717.1. (Handbook
§11-501.3) Approximately 15 other examples of mandated written standards have
been set forth by the CDSS. (§11-501.3, ACL No. 00-08) |
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100-4 |
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Each
county shall submit a plan for implementation of the CalWORKs program. The
county may implement the plan upon its submission to CDSS, or January 1,
1998, whichever is later. Within 30 days of receipt of that plan, the CDSS
shall either certify that the plan includes the descriptions of the elements
required by W&IC §10531, and that the descriptions are consistent with
the requirements of state law and applicable federal law, or the CDSS shall
notify the county that the plan is incomplete or inconsistent, stating the
reasons for its determination. Those counties which are notified that their
plans are incomplete or inconsistent shall resubmit a revised plan to the
CDSS for certification. (W&IC §§10532(a) and (b)) |
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100-5A |
REVISED
7/06 |
Recipients are required to participate in an "appraisal", and at the option of the county, applicants may voluntarily participate. (§42-711.521) Prior to or during the appraisal, the county shall inform the individual in writing of the following: (a) The requirement to participate in WTW activities up to the 60-month time limit unless otherwise modified under §§42-711.55, .6 or .7, and for the required number of hours as required in §§42-716.2, .21 and .22. (b) A general description of the WTW program. (c) A general description of the participant's rights, duties and responsibilities including: (1) A list of exemptions from participation, per §42-712. (2) The consequences of a failure to take part in program activities, per §42-721, and the criteria for successful completion of the program. (3) A description of good cause criteria for noncooperation, per §§42-713 and 42-721.3. (4) The right to request a state hearing or file a formal grievance, per §42-721.5. (5) The right to a third party assessment, per §42-711.556. (d) A statement that the participant has three working days after the completion of the WTW plan or later amendments to that plan to evaluate and request changes to the terms of the plan, as well as a grace period of thirty days from the beginning of the initial training or education activity to request a change or reassignment to another activity. (e) School attendance and requirements for children in the AU. (§42-711.522, as
revised effective April 3, 2006) |
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100-6 |
REVISED
7/06 |
A
"reappraisal" is conducted when a participant does not obtain
unsubsidized employment upon completion of all of the activities in a
welfare-to-work plan, The reappraisal
must evaluate whether there are extenuating circumstances, as defined by the
county, that prevent the participant from obtaining employment in the local
labor market area. (W&IC §11326; §42-711.71, effective April 3, 2006) |
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100-7 |
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An “assessment” is required when participants (except those in SIPs who are meeting minimum participation hours) do not find unsubsidized employment during the search period, or at any time the county determines that participation in job search will not be required as the first activity because it would not be beneficial, or decides to shorten job search because it is not likely to lead to employment. (W&IC §§11320.1 and 11325.22; §42-711.551, effective July 1, 1998) The assessment shall include at least the following information about the participant: (a) The work history and an inventory of employment skills, knowledge and abilities. (b) The educational history and present educational competency level. (c) The need for supportive services in order to obtain the maximum benefits from the employment and training services offered under CalWORKs. (d) An evaluation of the chances for employment given current skills, and local labor market conditions. (e) Local labor market information. (f) Physical limitations or mental conditions that limit the ability for employment or participation in welfare-to-work activities. (g) Identification of available resources to complete the welfare-to-work plan. (W&IC
§§11325.4, .7, and .8; §42-711.554, effective July 1, 1998) |
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100-8 |
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An
"evaluation" is conducted when a participant with a suspected
learning or medical problem, as indicated by information gathered during
appraisal or assessment or by lack of satisfactory progress in an assigned
program component, is referred to determine whether the participant is unable
to successfully complete or benefit from a current or proposed program
assignment. This evaluation shall be performed by a qualified professional.
The county may require the person to undergo appropriate examinations to
obtain information regarding the person's learning and physical abilities.
(W&IC §11325.25(a); §42-711.58) |
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100-9 |
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"Adult
Basic Education" means a welfare-to-work activity "with
instructions in reading, writing, arithmetic, high school proficiency, or
general educational development certificate instruction, and English-as-a-second-language."
(§42-701.2a.(1)) |
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100-10 |
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"Community
service" means a welfare-to-work training activity that is temporary and
transitional, is performed in the nonprofit sector under the close
supervision of the activity provider, and provides participants with basic
job skills which can lead to employment while meeting a community need.
(§42-701.2c.(3)) |
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100-11 |
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"Doctor"
means a health care professional who is licensed by the state to
diagnose/treat physical and mental impairments. The term "doctor"
includes, but is not limited to, doctors of medicine, osteopathy,
chiropractic, and licensed/certified psychologists. (§42-701.2d.(2)) |
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100-12 |
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"Employment"
means work that is compensated at least at the applicable state or federal
minimum wage. If neither wage rate applies, the work must be compensated in
an amount equivalent to the lesser of the two. (§42-701.2e.(1)) |
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100-13 |
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"Work
experience" means a welfare-to-work training activity under the close
supervision of the activity provider, which helps provide basic job skills,
enhances existing job skills, or provides a needed community service that
will lead to unsubsidized employment. (§42-701.2w.(1)) |
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100-14 |
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"Enrollment"
is defined as sending an individual a notice that the person is scheduled for
a welfare-to-work appraisal or that the person is required to convert his/her
GAIN contract to a welfare-to-work plan. (§42-702.3) |
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100-15 |
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"Subsidized
employment" means employment in which the welfare-to-work participant's
employer is partially or wholly reimbursed for wages and/or training costs.
(§42-701.2s.(2)) |
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100-18 |
ADDED
12/04 |
Senate
Bill (SB) 1104 amended sections of the W&I Code pertaining to the
development the CalWORKs plan, WTW participation requirements, and the 18-
and 24- month WTW participation period.
The bill also authorized CDSS to implement new WTW provisions through
All County Letter. CDSS will adopt
emergency regulations to implement program changes by July 1, 2005. (ACL 04-41, October 8, 2004, citing SB
1104, Chapter 229, Statutes of 2004) |
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100-18A |
ADDED
12/04 |
Changes
in the CalWORKs WTW program resulting from the passage of SB 1104 become
effective December 1, 2004. Effective
December 1, 2004, any individual who begins receiving cash aid will be
subject to the new WTW requirements.
For an individual who already is receiving cash aid prior to December
1, 2004, and who is required to enter a plan, but has not done so, the county
must develop a WTW plan that reflects the new WTW requirements, and have
him/her sign it no later than March 1, 2005. For an
individual who is already receiving cash aid and has an existing WTW plan
dated prior to December 1, 2004, the county must revise the WTW plan to
reflect the new WTW requirements, and also have him/her sign it by no later
than March 1, 2005. For
individuals who are in educational programs and making satisfactory progress
under the existing WTW 2 and WTW 3, counties must allow them to complete
their current quarter or semester. (All
County Letter 04-41, October 8, 2004 describing SB 1104 Chapter 229, Statutes
of 2004 and errata to All County
Letter 04-41) |
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Unless
exempt from participation, an adult recipient in a one-parent AU shall
participate in welfare-to-work activities for at least: 20 hours per week
beginning January 1, 1998; 26 hours beginning July 1, 1998; and for 32 hours
beginning July 1, 1999. (W&IC §11322.8(a), effective January 1, 1998;
§42-711.411, effective July 1, 1998) These
minimum requirements may be increased: If more hours are mandated by 42
United States Code (USC) §607(c), and its successor statutes; or if the
county requires all recipients or individual recipients to participate in
excess of the minimum mandated hours, but not more than 32 hours per week.
(W&IC §11322.8(a), effective January 1, 1998; §§42-711.412 and .413,
effective July 1, 1998) |
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101-2 |
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Unless
exempt from participation, an adult recipient in a two-parent AU who is an
unemployed parent per W&IC §11201, shall participate each month for an
average of at least 35 hours of welfare-to-work activities per week which
will meet the required hours of participation under 42 United States Code
(USC) §607(c) and its successor statutes. However, both parents in a
two-parent AU may contribute to the 35 hours, if at least one parent meets
the federal work requirement of a minimum of 20 hours per week. (W&IC
§11322.8(b); §42-711.421) |
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101-2A |
REVISED
7/06 |
Per
W&IC §§11322.8(a) and (b), the hours of participation for a one-parent AU
remains at 32 hours per week, and the requirement for a two-parent AU remains
at 35 hours per week. Per
W&IC §§11322.8(c), at least 20 hours of the 32 or 35 hour requirements
must be in core WTW activities. Core
activities are defined as unsubsidized employment; subsidized private sector
employment; subsidized public sector employment; work experience; on-the-job
training; grant based on-the-job training; supported work or transitional
employment; work-study; self-employment; community service; vocational
education and training; programs for up to 12 cumulative months during an
individual’s 60-month time limit on aid, and job search and job readiness
assistance Hours
spent in specified non-core activities can also count as core hours as noted
in §42-716.23. Non-core
activities are as follows: adult basic
education; job skills training directly related to employment; education
directly related to employment; satisfactory progress in secondary school or
in a course of study leading to a certificate of GED; mental health,
substance abuse, and domestic violence services; vocational education and
training programs beyond the 12-month cumulative period counted as core
activities, other activities necessary to assist an individual in obtaining
unsubsidized employment, and participation required of the parent by the
school to ensure the child’s attendance. (§42-701.2(c)(4),
(n)(1); ACL 04-41, October 8, 2004) |
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101-2B |
ADDED
12/04 |
In a
two-parent AU, when both parents contribute to meeting the 35-hour work
requirement, the parents also may split the 20-hour core WTW activities
participation requirement. However,
one parent must participate in core and/or non core activities for a minimum
of 20 hours per week. (ACL 04-41,
October 8, 2004 describing W&IC §11322.8(b)) |
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101-2C |
ADDED
12/04 |
Participation
in vocational education and training as a core activity is limited to a
cumulative total of 12 months while on aid.
Time spent in vocational education and training pursuant to previous
WTW plans and/or plan amendments do not count toward this 12-month limit. Participation
in vocational education and training beyond 12 months may count as non-core
hours. (ACL
04-41, October 8, 2004; W&IC §11322.8) |
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101-3 |
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To be
eligible for federally funded child care (under §8350 et seq. of the
Education Code), both parents in a two-parent AU shall participate in work
activities that will meet the required hours of participation under 42 United
States Code §607(c). (W&IC §11322.8(b)) The required hours of
participation are currently 55 hours per week. The
55-hour requirement does not apply to the family if an adult in the family is
disabled, caring for a severely disabled child, or if nonfederal funds are
used for child care. (§42-711.422) |
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101-7 |
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Both
the length and type of post assessment WTW assignments must be based on an
individualized assessment, as specified in W&IC §11325.22(b)(2). The
assessment must consider, at a minimum, the recipient’s educational level,
employment experience, relevant employment skills, available program
resources and local labor market opportunities. (All-County Letter No. 02-03,
January 18, 2002) |
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101-8 |
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Per
§§42-711.522(c)(5) and 42-711.556, counties must inform participants in
writing, prior to or during appraisal, of the right to be automatically
referred to a third party assessment when the participants do not agree with
the results of their assessments. Counties should include this information in
the WTW handbook that they give to clients to ensure that clients are
informed of this right. This referral must occur whether or not a county has
properly informed the client of his/her right to a third party assessment, in
accordance with §42-711.522(c)(5). The recipient is not required to request a
third party assessment; the county must make the referral if the client
informs the county that he/she is dissatisfied with the assessment. CDSS will
be adding a statement on the WTW 1, Welfare To Work Plan Rights and
Responsibilities Form, to inform participants of this right. The Department
will also require this statement to be on any State-approved substitute form
for the WTW 1 that is used by counties. (All-County Letter No. 02-03, January
18, 2002) |
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101-9 |
ADDED
8/05 |
A
county may waive program requirements except as specified in §42-715.511, for
a recipient who has been identified as a past or present victim of domestic
abuse when it has been determined that good cause exists. Program requirements that can be waived
include, but are not limited to time limits, work requirements, education
requirements, paternity establishment and child support cooperation. Program requirements that cannot be waived
are deprivation, assets, income and homeless assistance. (§42-715.51) |
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101-9A |
ADDED
9/06 |
Question: Must a county have written domestic abuse policies? Answer: Yes. MPP Section 42-715.52 requires counties to have
developed domestic abuse
policies; and MPP Section 11-501.3 requires counties to have written clarification of
those areas of the California Work Opportunity and Responsibility to Kids (CalWORKs) program
in which counties have discretion to adopt specific standards that affect a client’s
eligibility, grant amount, and Welfare-to-Work (WTW) activities, including supportive
services. Question: Can a county have a general policy that no one gets a
domestic abuse waiver for any
reason? Answer: No. As specified in
§42-715.52, counties must develop criteria for waiving program requirements
for past and present victims of domestic violence. (All-County
Information Notice I-02-06, January 9, 2006, questions and answers 2 and 3) |
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101-9B |
ADDED
9/06 |
Question: Must a county allow an individual to self-declare as a
victim of domestic abuse? Answer: Yes. As specified in MPP Section 42-715.12, counties
must allow individuals to
self-declare. Sworn statements by a victim of past or present abuse shall be sufficient to
establish abuse unless the county documents in writing an independent and reasonable
basis to find the applicant or recipient not credible. In those instances, a county may
request additional supporting documentation such as documentation from legal, clerical,
medical, or other professionals. Question: Can a county waive the Self-Initiated Program (SIP)
rules for a victim of domestic abuse? Answer: Yes. There are no regulatory requirements that preclude
the county from waiving the SIP
requirements specified in MPP Section 42-711 for domestic abuse victims, as long as
the domestic abuse circumstances prevented the individual from meeting the SIP
rules at appraisal. (All-County
Information Notice I-02-06, January 9, 2006, questions and answers 4 and 15) |
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Every
individual receiving aid is required to participate in welfare-to-work
activities as a condition of eligibility, unless exempt from participation.
(W&IC §11320.3(a); §42-712.1) |
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102-2 |