WELFARE AND INSTITUTIONS CODE
SECTION 11450-11469.1
11450. (a) (1) Aid shall be paid for each needy family, which shall
include all eligible brothers and sisters of each eligible applicant
or recipient child and the parents of the children, but shall not
include unborn children, or recipients of aid under Chapter 3
(commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section 11451.5,
shall be deducted from the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2). In no case shall the amount of aid paid for each month
exceed the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1................................. $ 326
2................................. 535
3................................. 663
4................................. 788
5................................. 899
6................................. 1,010
7................................. 1,109
8................................. 1,209
9................................. 1,306
10 or more........................ 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision. Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be paid to
one person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331) and
if the mother, and child, if born, would have qualified for aid under
this chapter.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of food stamps or special needs
for a family of that size and (ii) shall only be made to families
that have found permanent housing costing no more than 80 percent of
the family's total monthly household income without the value of food
stamps or special needs for a family of that size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
11450.01. (a) Notwithstanding any other provision of law,
commencing October 1, 1992, the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450 in effect on July
1, 1992, shall be reduced by 4.5 percent.
(b) (1) The department shall seek the approval from the United
States Department of Health and Human Services that is necessary to
reduce the maximum aid payments specified in subdivision (a) by an
additional amount equal to 1.3 percent of the maximum aid payments
specified in paragraph (1) of subdivision (a) of Section 11450 in
effect on July 1, 1992.
(2) The reduction provided by this subdivision shall be made on
the first day of the month following 30 days after the date of
approval by the United States Department of Health and Human
Services.
11450.015. Notwithstanding any other provision of law, the maximum
aid payments in effect on June 30, 1993, in accordance with paragraph
(1) of subdivision (a) of Section 11450 as reduced by subdivisions
(a) and (b) of Section 11450.01, shall be reduced by 2.7 percent
beginning the first of the month following 60 days after the
enactment of this section.
11450.017. Notwithstanding any other provision of law, the maximum
aid payment in effect on June 30, 1994, in accordance with paragraph
(1) of subdivision (a) of Section 11450 as reduced by subdivisions
(a) and (b) of Section 11450.01 and Section 11450.015, shall be
reduced by 2.3 percent beginning the first of the month following 50
days after the effective date of this section.
11450.018. (a) Notwithstanding any other provision of law, the
maximum aid payment in accordance with paragraph (1) of subdivision
(a) of Section 11450 as reduced by subdivisions (a) and (b) of
Section 11450.01, Section 11450.015, and Section 11450.017, shall be
reduced by 4.9 percent for counties in Region 2, as specified in
Section 11452.018.
(b) Notwithstanding any other provision of law, through October
31, 1998, the maximum aid payment in accordance with paragraph (1) of
subdivision (a) of Section 11450, as reduced by subdivision (a) and
(b) of Section 11450.01, Section 11450.015, Section 11450.017, and
subdivision (a) shall be reduced by 4.9 percent.
(c) Prior to implementing the reductions specified in subdivisions
(a) and (b), the director shall apply for and obtain a waiver from
the United States Department of Health and Human Services of Section
1396a(c)(1) of Title 42 of the United States Code. The reduction
shall be implemented to the extent the waiver is granted and only so
long as the waiver is effective. This subdivision shall not apply if
either the federal waiver process set forth at Section 1315 of Title
42 of the United States Code or Section 1396a(c) is repealed or
modified such that a waiver is not necessary to implement subdivision
(a) or (b).
(d) This section shall become operative and the reductions
specified in subdivisions (a) and (b) shall commence on the first day
of the month following 30 days after the receipt of federal approval
or on the first day of the month following 30 days after a change in
federal law that allows states to reduce aid payments without any
risk to federal funding under Title XIX of the Social Security Act,
whichever is earlier, but no earlier than October 1, 1995.
11450.019. Effective the first day of the month following 90 days
after a change in federal law that allows states to reduce aid
payments without any risk to federal funding under Title XIX of the
Social Security Act contained in Subchapter XIX (commencing with
Section 1396) of Chapter 7 of Title 42 of the United States Code, the
reductions in maximum aid payments specified in Sections 11450.01,
11450.015, and 11450.017 shall not be applied when all of the parents
or caretaker relatives of the aided child living in the home of the
aided child meet one of the following conditions:
(a) The individual is disabled and receiving benefits under
Section 12200 or 12300.
(b) The individual is a nonparent caretaker who is not included in
the assistance unit with the child.
(c) The individual is disabled and is receiving State Disability
Insurance benefits or Worker's Compensation Temporary Disability
benefits.
11450.02. Notwithstanding any other provision of law, commencing
July 1, 2009, the maximum aid payments in effect September 1, 2007,
as specified in paragraph (1) of subdivision (a) of Section 11450,
shall be reduced by 4 percent.
11450.03. (a) Notwithstanding the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450, families that
have resided in this state for less than 12 months shall be paid an
amount calculated in accordance with paragraph (1) of subdivision (a)
of Section 11450, not to exceed the maximum aid payment that would
have been received by that family from the state of prior residence.
(b) This section shall not become operative until the date of
approval by the United States Secretary of Health and Human Services
necessary to implement the provisions of this section so as to ensure
the continued compliance of the state plan for the following:
(1) Title IV of the federal Social Security Act (Subchapter 4
(commencing with Section 601) of Chapter 7 of Title 42 of the United
States Code).
(2) Title IX of the federal Social Security Act (Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code).
11450.04. (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
(b) This section shall not apply with respect to any of the
following children:
(1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
(2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
(3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
(c) This section shall not apply to any child born on or before
November 1, 1995.
(d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
(2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
(3) This section shall not apply to any child who is no longer
living in the same home with either parent.
(e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such child support payment shall not be
considered as income to the family for the purpose of calculating the
amount of aid for which the family is eligible under this article.
(f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
(g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
(2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
(h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
11450.2. (a) The department shall implement a system to provide for
supplemental payments to needy families qualified for aid under this
chapter, when, because of a change in reported financial
circumstances occurring between the "budget month" and the "payment
month," a family's net available income for the payment month is less
than 80 percent of the amount set forth in subdivisions (a) and (b)
of Section 11450, as adjusted for cost-of-living increases pursuant
to Section 11453, except as provided in subdivision (c) of Section
11453. The system shall provide all of the following:
(1) Families shall be informed of the availability of supplemental
payments and of the necessity that a family request the payments in
order for them to be provided. This information shall be provided in
writing at the time of application in the written statements of
recipients' rights, and shall also be provided orally by the
eligibility worker at the time of the initial interview and at each
annual redetermination. A request form shall be sent monthly to all
families which have reported income.
(2) That supplemental payments shall be paid in an amount
necessary to raise the family's net available income in the payment
month to 80 percent of the amount set forth in subdivision (a) of
Section 11450, as adjusted for cost-of-living increases pursuant to
Section 11453, except as provided in subdivision (c) of Section
11453.
(3) That supplemental payments shall not be considered income when
calculating the amount of the grant to be paid in future months.
(4) That supplemental payments or written notice of action shall
be issued within seven working days of a request. Payments shall only
be issued for those months in which a request has been made and a
family is eligible for the supplement. A request shall be made in the
month for which the supplemental payment is requested.
(5) That no supplemental payment shall be made to any family if,
under the federal Aid to Families with Dependent Children program,
the payments would be counted as income, regardless of the source of
the funding for the aid payment of the family.
(6) That no overpayment or underpayment shall be determined for a
supplemental payment which was correctly computed based on the family'
s reasonable estimate of the income and other circumstances for the
payment month. A family shall not be eligible for more than one
supplemental payment per month.
(b) For purposes of this section:
(1) "Budget month" and "payment month" shall be consistent with
the use of these terms in Section 11450.5.
(2) "Net available income" means the sum of the following:
(A) Total net nonexempt income in the payment month without
deduction of either the thirty dollars ($30) plus one-third of earned
income or the thirty dollars ($30) disregard deductions.
(B) Any child or spousal support received by the family pursuant
to Section 602(a)(8)(A)(vi) of Title 42 of the United States Code and
as that statute may hereafter be amended.
(C) The grant for the payment month before overpayment
adjustments.
(3) "Needy family" means a family aided pursuant to this chapter.
This includes a family that is in a single month of suspension
resulting from the receipt of income.
(4) "Grant" means the amount of aid paid to the needy family
pursuant to subdivision (a) of Section 11450, but does not include
any amounts paid pursuant to subdivision (e) of Section 11450 or
Section 11453.1.
11450.3. (a) The director may establish, within the department, the
Emergency Housing Apartment Program Demonstration Project.
(b) The director may, by formal order, waive the operation of
specific provisions in paragraph (2) of subdivision (f) of Section
11450, as required for participation in the Emergency Housing
Apartment Program Demonstration Project. The order establishing the
waiver shall limit the operation of the demonstration project to San
Francisco or Contra Costa County, or both, for no more than five
years of operation, and shall not result in the reduction or
elimination of any family's eligibility for assistance under
paragraph (2) of subdivision (f) of Section 11450. The order
establishing the waiver shall not take effect unless and until the
following conditions have been met:
(1) The United States Department of Health and Human Services has
approved federal financial participation for the demonstration
project.
(2) A comprehensive plan, including an analysis of the expected
costs and savings, has been published in a newspaper of general
circulation in the county or counties conducting the demonstration
project and filed with the policy and fiscal committees of each house
of the Legislature.
(c) The county or counties participating in the demonstration
project authorized by this section shall submit an annual report to
the department on the demonstration project. The county or counties
shall additionally collect and report any data and findings as
required by the department and shall cooperate with the department in
evaluating the demonstration project.
(d) It is the intent of the Legislature that funding for the
demonstration project authorized by this section be contained in
annual Budget Act appropriations.
11450.4. (a) It is the intent of the Legislature to establish an
emergency assistance for needy families program to serve the shelter
needs of homeless families apparently eligible for aid pursuant to
subdivision (a) of Section 11450. To this end, the State Department
of Social Services shall conduct negotiations with the United States
Department of Health and Human Services on establishing an emergency
assistance program to address the temporary and permanent shelter
needs of homeless families currently served under paragraph (2) of
subdivision (f) of Section 11450.
(b) (1) Upon receiving federal approval for an emergency
assistance program and prior to implementation, the department shall
notify the appropriate policy and fiscal committees of the
Legislature of its intent to implement the emergency assistance
program. The notification shall identify those portions of paragraph
(2) of subdivision (f) of Section 11450 which are intended to be
superseded by the emergency assistance program.
(2) Except as provided in this subdivision, the emergency
assistance program for which notification is submitted to the
Legislature pursuant to paragraph (1) shall become effective the
first day after 120 calendar days of continuous session of the
Legislature after the date on which the notification is transmitted,
or at a later date as may be indicated in the notification, unless,
prior to the end of the 120-calendar-day period, either house of the
Legislature adopts by a majority vote of the duly elected and
qualified members thereof a resolution indicating disapproval of the
proposed emergency assistance program.
(3) As used in this section, "120 calendar days of continuous
session" shall be deemed broken only by an adjournment sine die, but
in computing the 120 calendar days for the purposes of this section,
days on which either house is not in session because of a recess of
more than 10 days shall not be included.
(c) Upon implementation of the emergency assistance program, the
department shall cease implementation of those portions of paragraph
(2) of subdivision (f) of Section 11450 which are superseded by the
emergency assistance program.
11450.5. For purposes of computing and paying aid grants under this
chapter, the director shall adopt regulations establishing a
budgeting system. Nothing in this section, or Sections 11004, 11257
and 11450, or any other provision of this code, shall be interpreted
as prohibiting the establishment of, or otherwise restricting the
operation of, any budgeting system adopted by the director.
11450.5. For purposes of computing and paying aid grants under this
chapter, the director shall adopt regulations establishing a
budgeting system consistent with Sections 11265.1, 11265.2, and
11265.3. Nothing in this section, or Sections 11004, 11257 and 11450,
or any other provision of this code, shall be interpreted as
prohibiting the establishment of, or otherwise restricting the
operation of, any budgeting system adopted by the director.
11450.8. No payment of aid pursuant to Section 11450 shall be made
to a family for a month in which the amount the family would receive
is less than ten dollars ($10). The family shall be considered in
receipt of aid for all other purposes.
11450.9. (a) (1) The department shall designate as energy
assistance payments any increase in the maximum aid payments provided
pursuant to Section 11450 made on or after the first day of the
first session of the Legislature which is convened after the
effective date of this section.
(2) Increases subject to paragraph (1) shall include any increase
provided pursuant to Sections 11453 and 11453.05.
(b) The designation required by subdivision (a) shall be made to
the extent allowed by federal law to increase food stamp allotments
to recipients of assistance under this chapter.
(c) The department shall notify the federal government of the
designation made pursuant to subdivision (a) no later than 60 days
after it has submitted a report on the study required by subdivision
(d).
(d) It is the intent of the Legislature that the department
designate the maximum amount of aid payments made under this chapter
as energy assistance payments to the extent allowed under federal law
to increase food stamp allotments to recipients of assistance under
this chapter.
11450.10. Whenever the department is informed pursuant to either
Section 857 or 1764.5 that a minor is being incarcerated for a period
of at least 30 consecutive days, the department shall determine
whether the minor is a part of a family for whom benefits are being
received pursuant to Section 11450. In any case where it is
determined that a child identified pursuant to this section is a part
of a family for whom aid is being received pursuant to Section
11450, the department shall notify the county welfare department in
the county in which the incarcerated youth resides prior to the first
day of the month following the receipt of the notification by the
Department of the Youth Authority or by the county juvenile hall or
other county juvenile facility.
11450.11. Whenever a county welfare department is informed that a
child who is incarcerated is also a member of a family receiving
benefits pursuant to Section 11450, the county welfare department
shall seek reimbursement of any overpayments pursuant to existing law
and regulation.
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if income, exclusive of amounts exempt under Section
11451.5, equals or exceeds the maximum aid payment specified in
Section 11450.
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if reasonably anticipated income, less exempt income,
averaged over the quarter pursuant to Sections 11265.2 and 11265.3,
and exclusive of amounts exempt under Section 11451.5, equals or
exceeds the maximum aid payment specified in Section 11450.
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum aid
payment, adjusted to reflect the removal of the adult or adults from
the assistance unit, shall be reduced by the gross income of the
adult or adults removed from the assistance unit, less any amounts
exempted pursuant to Section 11451.5. Aid may be provided in the form
of cash or vouchers, at the option of the county.
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum aid
payment, adjusted to reflect the removal of the adult or adults from
the assistance unit, shall be reduced by the gross income of the
adult or adults removed from the assistance unit, averaged over the
quarter pursuant to Sections 11265.2 and 11265.3, and less any
amounts exempted pursuant to Section 11451.5. Aid may be provided in
the form of cash or vouchers, at the option of the county.
11450.16. (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
(b) Every assistance unit shall include at least one of the
following persons:
(1) One of each of the following:
(A) An eligible child.
(B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code), or Kin-GAP payments under Section 11364 or 11387, or
foster care payments under Section 11461.
(2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
(c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
(d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
(e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occurs:
(1) There is a common caretaker relative for the eligible
children.
(2) One caretaker relative marries another caretaker relative.
(3) Two caretaker relatives are the parents of an eligible child.
(f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
11451. Any county may, in its discretion, pay from its own funds
additional sums for the care of any needy child, and the state and
county may pay such aid as is needed for the adequate care of the
family from other state or county funds.
11451.5. (a) Notwithstanding Section 11008 and except as provided
by subdivision (f) of Section 11322.6, the following amounts shall be
exempt from the calculation of the income of the family for purposes
of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means State Disability
Insurance benefits, private disability insurance benefits, Temporary
Workers' Compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
11451.5. (a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged over the quarter pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of
the income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
11452. (a) (1) Minimum basic standards of adequate care shall be
distributed to the counties and shall be binding upon them. The
standards are determined on the basis of the schedule set forth in
this section, as adjusted for cost-of-living increases or decreases
pursuant to Section 11453, which schedule is designed to ensure:
(A) Safe, healthful housing.
(B) Minimum clothing for health and decency.
(C) Low-cost adequate food budget meeting recommended dietary
allowances of the National Research Council.
(D) Utilities.
(E) Other items including household operation, education and
incidentals, recreation, personal needs, and insurance.
(F) Allowance for essential medical, dental, or other remedial
care to the extent not otherwise provided at public expense.
(2) The schedule of minimum basic standards of adequate care is as
follows:
Number of eligible Minimum basic
needy persons in standards of
the same family adequate care
1............................... $ 341
2............................... 560
3............................... 694
4............................... 824
5............................... 940
6............................... 1,057
7............................... 1,160
8............................... 1,265
9............................... 1,371
10.............................. 1,489
plus fourteen dollars ($14) for each additional needy person.
(3) (A) No adjustment shall be made under this section for the
1990-91 and 1991-92 fiscal years to reflect any change in the cost of
living. Elimination of the cost-of-living adjustment pursuant to
this subparagraph shall satisfy the requirements of Section 11453.05,
and no further reduction shall be made pursuant to that section.
(B) Any cost-of-living adjustment under this section for the
1991-92 fiscal year and any subsequent fiscal year pursuant to
Section 11453 shall not include any adjustment to reflect increases
for the cost of living for the 1990-91 and 1991-92 fiscal years.
(C) For the 1992-93, 1993-94, 1994-95, 1995-96 fiscal years, and
through October 31, 1996, a cost-of-living adjustment equivalent to
70 percent of the amount calculated pursuant to subdivision (a) of
Section 11453 shall be made under this section. This adjustment, by
reducing the cost-of-living adjustment that would otherwise have been
made, shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) The minimum basic standard of adequate care shall also include
the amount or amounts resulting from an allowance for recurring
special needs, as specified in subdivision (e) Section 11450, and the
amount or amounts resulting from the granting of a nonrecurring
special need, equal to the amounts specified in paragraphs (1) and
(2) of subdivision (f) of Section 11450.
(c) The department shall establish rules and regulations assuring
the uniform application statewide of the provisions of this section.
11452.018. (a) Notwithstanding any other provision of law, the
minimum basic standards of adequate care, as set forth in Section
11452, and as adjusted pursuant to any other provision of law, shall
be changed for each county to reflect regional variations in housing
cost based on the lowest quartile rent in each county as reported in
the Decennial Census data for 1990.
(b) Counties are assigned to one of two regions and the minimum
basic standards of adequate care for counties in those regions are
reduced as follows:
(1) Region 1 shall include all counties with lowest quartile rents
of four hundred dollars ($400) or more. There shall be no reduction
in minimum basic standard of adequate care for counties in Region 1.
Region 1 shall consist of the following counties:
(A) Alameda County
(B) Contra Costa County
(C) Los Angeles County
(D) Marin County
(E) Monterey County
(F) Napa County
(G) Orange County
(H) San Diego County
(I) San Francisco County
(J) San Luis Obispo County
(K) San Mateo County
(L) Santa Barbara County
(M) Santa Clara County
(N) Santa Cruz County
(O) Solano County
(P) Sonoma County
(Q) Ventura County
(2) Region 2 shall include all counties with lowest quartile rents
below four hundred dollars ($400). There shall be a 4.9 percent
reduction in the minimum basic standard of adequate care for counties
in Region 2. Region 2 shall consist of the following counties:
(A) Alpine County
(B) Amador County
(C) Butte County
(D) Calaveras County
(E) Colusa County
(F) Del Norte County
(G) El Dorado County
(H) Fresno County
(I) Glenn County
(J) Humboldt County
(K) Imperial County
(L) Inyo County
(M) Kern County
(N) Kings County
(O) Lake County
(P) Lassen County
(Q) Madera County
(R) Mariposa County
(S) Mendocino County
(T) Merced County
(U) Modoc County
(V) Mono County
(W) Nevada County
(X) Placer County
(Y) Plumas County
(Z) Riverside County
(AA) Sacramento County
(AB) San Benito County
(AC) San Bernardino County
(AD) San Joaquin County
(AE) Shasta County
(AF) Sierra County
(AG) Siskiyou County
(AH) Stanislaus County
(AI) Sutter County
(AJ) Tehama County
(AK) Trinity County
(AL) Tulare County
(AM) Tuolumne County
(AN) Yolo County
(AO) Yuba County
(c) This section shall be operative during such time as
subdivision (a) of Section 11450.018 is operative.
11453. (a) Except as provided in subdivision (c), the amounts set
forth in Section 11452 and subdivision (a) of Section 11450 shall be
adjusted annually by the department to reflect any increases or
decreases in the cost of living. These adjustments shall become
effective July 1 of each year, unless otherwise specified by the
Legislature. For the 2000-01 fiscal year to the 2003-04 fiscal year,
inclusive, these adjustments shall become effective October 1 of each
year. The cost-of-living adjustment shall be calculated by the
Department of Finance based on the changes in the California
Necessities Index, which as used in this section means the weighted
average changes for food, clothing, fuel, utilities, rent, and
transportation for low-income consumers. The computation of annual
adjustments in the California Necessities Index shall be made in
accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
Total.............................. $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period ending with the
December preceding the year for which the cost-of-living adjustment
will take effect, for each expenditure category specified in
subdivision (a) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in subdivision (a) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in subdivision (d) for the prior year.
(b) The overall adjustment factor determined by the preceding
computation steps shall be multiplied by the schedules established
pursuant to Section 11452 and subdivision (a) of Section 11450 as are
in effect during the month of June preceding the fiscal year in
which the adjustments are to occur and the product rounded to the
nearest dollar. The resultant amounts shall constitute the new
schedules which shall be filed with the Secretary of State.
(c) (1) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing the benefits under this chapter for the
1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and
1997-98 fiscal years, and through October 31, 1998, to reflect any
change in the cost of living. For the 1998-99 fiscal year, the cost
of living adjustment that would have been provided on July 1, 1998,
pursuant to subdivision (a) shall be made on November 1, 1998. No
adjustment to the maximum aid payment set forth in subdivision (a) of
Section 11450 shall be made under this section for the purpose of
increasing the benefits under this chapter for the 2005-06 and
2006-07 fiscal years to reflect any change in the cost-of-living.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(2) No adjustment to the minimum basic standard of adequate care
set forth in Section 11452 shall be made under this section for the
purpose of increasing the benefits under this chapter for the 1990-91
and 1991-92 fiscal years to reflect any change in the cost of
living.
(3) In any fiscal year commencing with the 2000-01 fiscal year to
the 2003-04 fiscal year, inclusive, when there is any increase in tax
relief pursuant to the applicable paragraph of subdivision (a) of
Section 10754 of the Revenue and Taxation Code, then the increase
pursuant to subdivision (a) of this section shall occur. In any
fiscal year commencing with the 2000-01 fiscal year to the 2003-04
fiscal year, inclusive, when there is no increase in tax relief
pursuant to the applicable paragraph of subdivision (a) of Section
10754 of the Revenue and Taxation Code, then any increase pursuant to
subdivision (a) of this section shall be suspended.
(4) Notwithstanding paragraph (3), an adjustment to the maximum
aid payments set forth in subdivision (a) of Section 11450 shall be
made under this section for the 2002-03 fiscal year, but the
adjustment shall become effective June 1, 2003.
(5) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing benefits under this chapter for the
2007-08, 2008-09, and 2009-10 fiscal years.
(6) For the 2010-11 fiscal year and each fiscal year thereafter,
no adjustment to the maximum aid payment set forth in subdivision (a)
of Section 11450 shall be made under this section unless otherwise
specified by statute.
(d) For the 2004-05 fiscal year, the adjustment to the maximum aid
payment set forth in subdivision (a) shall be suspended for three
months commencing on the first day of the first month following the
effective date of the act adding this subdivision.
(e) Adjustments for subsequent fiscal years pursuant to this
section shall not include any adjustments for any fiscal year in
which the cost of living was suspended pursuant to subdivision (c).
11453.1. (a) It is the intent of this section to assure that the
food purchasing power provided by benefits available from food stamps
under the federal Food Stamp Program (Chapter 51 (commencing with
Section 2011), Title 7, United States Code) shall continue to be
available to recipients of aid under this chapter, if, when and
during such times as federal law is amended to preclude food stamp
benefits to such recipients, but does expressly permit the equivalent
of such benefits to be provided as cash benefits to such recipients.
(b) It is the further intent of this section to protect the
financial interest of the state and counties by accomplishing the
conversion of food stamp benefits in such a manner that the
conversion does not result in state and county costs of aid exceeding
the costs in the base year, as hereinafter defined in this section.
(c) If federal law is amended to preclude the provision of food
stamp benefits pursuant to the federal Food Stamp Program to
applicants or recipients of aid under this chapter, when such federal
law becomes operative, such of the following provisions for
converting food stamp benefits to cash benefits as is consistent with
the intent of this section shall become operative immediately:
(1) The bonus value of food stamps shall be paid in addition to
the amounts payable pursuant to subdivision (a) of Section 11450,
provided that aggregate state and county expenditures pursuant to
that section and this section do not thereby exceed the base-year
costs.
(2) If aggregate state and county expenditures pursuant to
subdivision (a) of Section 11450 and this section in any fiscal year
would, by virtue of the operation of subsection (1) of subdivision
(c) of this section, result in an increase over the aggregate of such
expenditures in the base year, the bonus value of food stamps paid
pursuant to this section shall be reduced, on a pro rata basis, by
such amount as will reduce aggregate state and county expenditures
under that section and this section to an amount equal to the
aggregate state and county expenditures in the base year.
(d) For the purposes of this section, "base year" means that year
designated by federal law as the year fixing the limit on nonfederal
expenditures for programs established to implement programs under
Part A of Title 4 of the Social Security Act.
(e) For purposes of this section, "bonus value of food stamps"
means the dollar amount that federal law permits to be paid to a
child or a family of given size as a cash benefit in lieu of benefits
under the federal Food Stamp Program.
(f) For purposes of this section, "aggregate state and county
expenditure" is defined as expenditure made under subdivision (a) of
Section 11450 and this section, after deducting any federal
reimbursements or credits, and excluding any cost-of-living increment
paid pursuant to Section 11453.
11453.2. A county shall issue vouchers or vendor payments for at
least rent and utilities payments, for any assistance unit in which
any parent or caretaker relative has been subject to sanction of a
consecutive period of not less than three months. Vouchers or vendor
payments shall continue until the parent or caretaker relative is no
longer subject to the sanction.
11454. (a) A parent or caretaker relative shall not be eligible for
aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a).
(c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
(d) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed.
11454. (a) A parent or caretaker relative shall not be eligible for
aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a), or the 48-month
limitation provided for in subdivision (e).
(c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
(d) A month in which an individual is under sanction for
noncompliance pursuant to Section 11327.5 shall be taken into
consideration in computing the 60-month time limit on receipt of cash
assistance pursuant to subdivision (a), but shall not be counted for
purposes of the receipt of welfare-to-work services pursuant to
Section 11320.
(e) The 60-month benefit limit provided for in subdivision (a)
shall apply, except that aid may not be received for more than 48
cumulative months in any 60-month period. The adult may return to the
assistance unit 12 months after receiving aid for the 48 cumulative
months. In the absence of a sanction pursuant to Section 11327.5, the
full grant shall be restored at the time the adult returns to the
assistance unit.
(f) This section shall become operative on July 1, 2011.
(g) Counties shall notify families of the reduction in time
limitations specified in this section, within a reasonable time
following the effective dat
WELFARE AND INSTITUTIONS CODE
SECTION 11450-11469.1
11450. (a) (1) Aid shall be paid for each needy family, which shall
include all eligible brothers and sisters of each eligible applicant
or recipient child and the parents of the children, but shall not
include unborn children, or recipients of aid under Chapter 3
(commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section 11451.5,
shall be deducted from the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2). In no case shall the amount of aid paid for each month
exceed the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1................................. $ 326
2................................. 535
3................................. 663
4................................. 788
5................................. 899
6................................. 1,010
7................................. 1,109
8................................. 1,209
9................................. 1,306
10 or more........................ 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision. Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be paid to
one person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331) and
if the mother, and child, if born, would have qualified for aid under
this chapter.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of food stamps or special needs
for a family of that size and (ii) shall only be made to families
that have found permanent housing costing no more than 80 percent of
the family's total monthly household income without the value of food
stamps or special needs for a family of that size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
11450.01. (a) Notwithstanding any other provision of law,
commencing October 1, 1992, the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450 in effect on July
1, 1992, shall be reduced by 4.5 percent.
(b) (1) The department shall seek the approval from the United
States Department of Health and Human Services that is necessary to
reduce the maximum aid payments specified in subdivision (a) by an
additional amount equal to 1.3 percent of the maximum aid payments
specified in paragraph (1) of subdivision (a) of Section 11450 in
effect on July 1, 1992.
(2) The reduction provided by this subdivision shall be made on
the first day of the month following 30 days after the date of
approval by the United States Department of Health and Human
Services.
11450.015. Notwithstanding any other provision of law, the maximum
aid payments in effect on June 30, 1993, in accordance with paragraph
(1) of subdivision (a) of Section 11450 as reduced by subdivisions
(a) and (b) of Section 11450.01, shall be reduced by 2.7 percent
beginning the first of the month following 60 days after the
enactment of this section.
11450.017. Notwithstanding any other provision of law, the maximum
aid payment in effect on June 30, 1994, in accordance with paragraph
(1) of subdivision (a) of Section 11450 as reduced by subdivisions
(a) and (b) of Section 11450.01 and Section 11450.015, shall be
reduced by 2.3 percent beginning the first of the month following 50
days after the effective date of this section.
11450.018. (a) Notwithstanding any other provision of law, the
maximum aid payment in accordance with paragraph (1) of subdivision
(a) of Section 11450 as reduced by subdivisions (a) and (b) of
Section 11450.01, Section 11450.015, and Section 11450.017, shall be
reduced by 4.9 percent for counties in Region 2, as specified in
Section 11452.018.
(b) Notwithstanding any other provision of law, through October
31, 1998, the maximum aid payment in accordance with paragraph (1) of
subdivision (a) of Section 11450, as reduced by subdivision (a) and
(b) of Section 11450.01, Section 11450.015, Section 11450.017, and
subdivision (a) shall be reduced by 4.9 percent.
(c) Prior to implementing the reductions specified in subdivisions
(a) and (b), the director shall apply for and obtain a waiver from
the United States Department of Health and Human Services of Section
1396a(c)(1) of Title 42 of the United States Code. The reduction
shall be implemented to the extent the waiver is granted and only so
long as the waiver is effective. This subdivision shall not apply if
either the federal waiver process set forth at Section 1315 of Title
42 of the United States Code or Section 1396a(c) is repealed or
modified such that a waiver is not necessary to implement subdivision
(a) or (b).
(d) This section shall become operative and the reductions
specified in subdivisions (a) and (b) shall commence on the first day
of the month following 30 days after the receipt of federal approval
or on the first day of the month following 30 days after a change in
federal law that allows states to reduce aid payments without any
risk to federal funding under Title XIX of the Social Security Act,
whichever is earlier, but no earlier than October 1, 1995.
11450.019. Effective the first day of the month following 90 days
after a change in federal law that allows states to reduce aid
payments without any risk to federal funding under Title XIX of the
Social Security Act contained in Subchapter XIX (commencing with
Section 1396) of Chapter 7 of Title 42 of the United States Code, the
reductions in maximum aid payments specified in Sections 11450.01,
11450.015, and 11450.017 shall not be applied when all of the parents
or caretaker relatives of the aided child living in the home of the
aided child meet one of the following conditions:
(a) The individual is disabled and receiving benefits under
Section 12200 or 12300.
(b) The individual is a nonparent caretaker who is not included in
the assistance unit with the child.
(c) The individual is disabled and is receiving State Disability
Insurance benefits or Worker's Compensation Temporary Disability
benefits.
11450.02. Notwithstanding any other provision of law, commencing
July 1, 2009, the maximum aid payments in effect September 1, 2007,
as specified in paragraph (1) of subdivision (a) of Section 11450,
shall be reduced by 4 percent.
11450.03. (a) Notwithstanding the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450, families that
have resided in this state for less than 12 months shall be paid an
amount calculated in accordance with paragraph (1) of subdivision (a)
of Section 11450, not to exceed the maximum aid payment that would
have been received by that family from the state of prior residence.
(b) This section shall not become operative until the date of
approval by the United States Secretary of Health and Human Services
necessary to implement the provisions of this section so as to ensure
the continued compliance of the state plan for the following:
(1) Title IV of the federal Social Security Act (Subchapter 4
(commencing with Section 601) of Chapter 7 of Title 42 of the United
States Code).
(2) Title IX of the federal Social Security Act (Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code).
11450.04. (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
(b) This section shall not apply with respect to any of the
following children:
(1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
(2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
(3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
(c) This section shall not apply to any child born on or before
November 1, 1995.
(d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
(2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
(3) This section shall not apply to any child who is no longer
living in the same home with either parent.
(e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such child support payment shall not be
considered as income to the family for the purpose of calculating the
amount of aid for which the family is eligible under this article.
(f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
(g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
(2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
(h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
11450.2. (a) The department shall implement a system to provide for
supplemental payments to needy families qualified for aid under this
chapter, when, because of a change in reported financial
circumstances occurring between the "budget month" and the "payment
month," a family's net available income for the payment month is less
than 80 percent of the amount set forth in subdivisions (a) and (b)
of Section 11450, as adjusted for cost-of-living increases pursuant
to Section 11453, except as provided in subdivision (c) of Section
11453. The system shall provide all of the following:
(1) Families shall be informed of the availability of supplemental
payments and of the necessity that a family request the payments in
order for them to be provided. This information shall be provided in
writing at the time of application in the written statements of
recipients' rights, and shall also be provided orally by the
eligibility worker at the time of the initial interview and at each
annual redetermination. A request form shall be sent monthly to all
families which have reported income.
(2) That supplemental payments shall be paid in an amount
necessary to raise the family's net available income in the payment
month to 80 percent of the amount set forth in subdivision (a) of
Section 11450, as adjusted for cost-of-living increases pursuant to
Section 11453, except as provided in subdivision (c) of Section
11453.
(3) That supplemental payments shall not be considered income when
calculating the amount of the grant to be paid in future months.
(4) That supplemental payments or written notice of action shall
be issued within seven working days of a request. Payments shall only
be issued for those months in which a request has been made and a
family is eligible for the supplement. A request shall be made in the
month for which the supplemental payment is requested.
(5) That no supplemental payment shall be made to any family if,
under the federal Aid to Families with Dependent Children program,
the payments would be counted as income, regardless of the source of
the funding for the aid payment of the family.
(6) That no overpayment or underpayment shall be determined for a
supplemental payment which was correctly computed based on the family'
s reasonable estimate of the income and other circumstances for the
payment month. A family shall not be eligible for more than one
supplemental payment per month.
(b) For purposes of this section:
(1) "Budget month" and "payment month" shall be consistent with
the use of these terms in Section 11450.5.
(2) "Net available income" means the sum of the following:
(A) Total net nonexempt income in the payment month without
deduction of either the thirty dollars ($30) plus one-third of earned
income or the thirty dollars ($30) disregard deductions.
(B) Any child or spousal support received by the family pursuant
to Section 602(a)(8)(A)(vi) of Title 42 of the United States Code and
as that statute may hereafter be amended.
(C) The grant for the payment month before overpayment
adjustments.
(3) "Needy family" means a family aided pursuant to this chapter.
This includes a family that is in a single month of suspension
resulting from the receipt of income.
(4) "Grant" means the amount of aid paid to the needy family
pursuant to subdivision (a) of Section 11450, but does not include
any amounts paid pursuant to subdivision (e) of Section 11450 or
Section 11453.1.
11450.3. (a) The director may establish, within the department, the
Emergency Housing Apartment Program Demonstration Project.
(b) The director may, by formal order, waive the operation of
specific provisions in paragraph (2) of subdivision (f) of Section
11450, as required for participation in the Emergency Housing
Apartment Program Demonstration Project. The order establishing the
waiver shall limit the operation of the demonstration project to San
Francisco or Contra Costa County, or both, for no more than five
years of operation, and shall not result in the reduction or
elimination of any family's eligibility for assistance under
paragraph (2) of subdivision (f) of Section 11450. The order
establishing the waiver shall not take effect unless and until the
following conditions have been met:
(1) The United States Department of Health and Human Services has
approved federal financial participation for the demonstration
project.
(2) A comprehensive plan, including an analysis of the expected
costs and savings, has been published in a newspaper of general
circulation in the county or counties conducting the demonstration
project and filed with the policy and fiscal committees of each house
of the Legislature.
(c) The county or counties participating in the demonstration
project authorized by this section shall submit an annual report to
the department on the demonstration project. The county or counties
shall additionally collect and report any data and findings as
required by the department and shall cooperate with the department in
evaluating the demonstration project.
(d) It is the intent of the Legislature that funding for the
demonstration project authorized by this section be contained in
annual Budget Act appropriations.
11450.4. (a) It is the intent of the Legislature to establish an
emergency assistance for needy families program to serve the shelter
needs of homeless families apparently eligible for aid pursuant to
subdivision (a) of Section 11450. To this end, the State Department
of Social Services shall conduct negotiations with the United States
Department of Health and Human Services on establishing an emergency
assistance program to address the temporary and permanent shelter
needs of homeless families currently served under paragraph (2) of
subdivision (f) of Section 11450.
(b) (1) Upon receiving federal approval for an emergency
assistance program and prior to implementation, the department shall
notify the appropriate policy and fiscal committees of the
Legislature of its intent to implement the emergency assistance
program. The notification shall identify those portions of paragraph
(2) of subdivision (f) of Section 11450 which are intended to be
superseded by the emergency assistance program.
(2) Except as provided in this subdivision, the emergency
assistance program for which notification is submitted to the
Legislature pursuant to paragraph (1) shall become effective the
first day after 120 calendar days of continuous session of the
Legislature after the date on which the notification is transmitted,
or at a later date as may be indicated in the notification, unless,
prior to the end of the 120-calendar-day period, either house of the
Legislature adopts by a majority vote of the duly elected and
qualified members thereof a resolution indicating disapproval of the
proposed emergency assistance program.
(3) As used in this section, "120 calendar days of continuous
session" shall be deemed broken only by an adjournment sine die, but
in computing the 120 calendar days for the purposes of this section,
days on which either house is not in session because of a recess of
more than 10 days shall not be included.
(c) Upon implementation of the emergency assistance program, the
department shall cease implementation of those portions of paragraph
(2) of subdivision (f) of Section 11450 which are superseded by the
emergency assistance program.
11450.5. For purposes of computing and paying aid grants under this
chapter, the director shall adopt regulations establishing a
budgeting system. Nothing in this section, or Sections 11004, 11257
and 11450, or any other provision of this code, shall be interpreted
as prohibiting the establishment of, or otherwise restricting the
operation of, any budgeting system adopted by the director.
11450.5. For purposes of computing and paying aid grants under this
chapter, the director shall adopt regulations establishing a
budgeting system consistent with Sections 11265.1, 11265.2, and
11265.3. Nothing in this section, or Sections 11004, 11257 and 11450,
or any other provision of this code, shall be interpreted as
prohibiting the establishment of, or otherwise restricting the
operation of, any budgeting system adopted by the director.
11450.8. No payment of aid pursuant to Section 11450 shall be made
to a family for a month in which the amount the family would receive
is less than ten dollars ($10). The family shall be considered in
receipt of aid for all other purposes.
11450.9. (a) (1) The department shall designate as energy
assistance payments any increase in the maximum aid payments provided
pursuant to Section 11450 made on or after the first day of the
first session of the Legislature which is convened after the
effective date of this section.
(2) Increases subject to paragraph (1) shall include any increase
provided pursuant to Sections 11453 and 11453.05.
(b) The designation required by subdivision (a) shall be made to
the extent allowed by federal law to increase food stamp allotments
to recipients of assistance under this chapter.
(c) The department shall notify the federal government of the
designation made pursuant to subdivision (a) no later than 60 days
after it has submitted a report on the study required by subdivision
(d).
(d) It is the intent of the Legislature that the department
designate the maximum amount of aid payments made under this chapter
as energy assistance payments to the extent allowed under federal law
to increase food stamp allotments to recipients of assistance under
this chapter.
11450.10. Whenever the department is informed pursuant to either
Section 857 or 1764.5 that a minor is being incarcerated for a period
of at least 30 consecutive days, the department shall determine
whether the minor is a part of a family for whom benefits are being
received pursuant to Section 11450. In any case where it is
determined that a child identified pursuant to this section is a part
of a family for whom aid is being received pursuant to Section
11450, the department shall notify the county welfare department in
the county in which the incarcerated youth resides prior to the first
day of the month following the receipt of the notification by the
Department of the Youth Authority or by the county juvenile hall or
other county juvenile facility.
11450.11. Whenever a county welfare department is informed that a
child who is incarcerated is also a member of a family receiving
benefits pursuant to Section 11450, the county welfare department
shall seek reimbursement of any overpayments pursuant to existing law
and regulation.
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if income, exclusive of amounts exempt under Section
11451.5, equals or exceeds the maximum aid payment specified in
Section 11450.
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if reasonably anticipated income, less exempt income,
averaged over the quarter pursuant to Sections 11265.2 and 11265.3,
and exclusive of amounts exempt under Section 11451.5, equals or
exceeds the maximum aid payment specified in Section 11450.
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum aid
payment, adjusted to reflect the removal of the adult or adults from
the assistance unit, shall be reduced by the gross income of the
adult or adults removed from the assistance unit, less any amounts
exempted pursuant to Section 11451.5. Aid may be provided in the form
of cash or vouchers, at the option of the county.
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum aid
payment, adjusted to reflect the removal of the adult or adults from
the assistance unit, shall be reduced by the gross income of the
adult or adults removed from the assistance unit, averaged over the
quarter pursuant to Sections 11265.2 and 11265.3, and less any
amounts exempted pursuant to Section 11451.5. Aid may be provided in
the form of cash or vouchers, at the option of the county.
11450.16. (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
(b) Every assistance unit shall include at least one of the
following persons:
(1) One of each of the following:
(A) An eligible child.
(B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code), or Kin-GAP payments under Section 11364 or 11387, or
foster care payments under Section 11461.
(2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
(c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
(d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
(e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occurs:
(1) There is a common caretaker relative for the eligible
children.
(2) One caretaker relative marries another caretaker relative.
(3) Two caretaker relatives are the parents of an eligible child.
(f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
11451. Any county may, in its discretion, pay from its own funds
additional sums for the care of any needy child, and the state and
county may pay such aid as is needed for the adequate care of the
family from other state or county funds.
11451.5. (a) Notwithstanding Section 11008 and except as provided
by subdivision (f) of Section 11322.6, the following amounts shall be
exempt from the calculation of the income of the family for purposes
of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means State Disability
Insurance benefits, private disability insurance benefits, Temporary
Workers' Compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
11451.5. (a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged over the quarter pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of
the income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
11452. (a) (1) Minimum basic standards of adequate care shall be
distributed to the counties and shall be binding upon them. The
standards are determined on the basis of the schedule set forth in
this section, as adjusted for cost-of-living increases or decreases
pursuant to Section 11453, which schedule is designed to ensure:
(A) Safe, healthful housing.
(B) Minimum clothing for health and decency.
(C) Low-cost adequate food budget meeting recommended dietary
allowances of the National Research Council.
(D) Utilities.
(E) Other items including household operation, education and
incidentals, recreation, personal needs, and insurance.
(F) Allowance for essential medical, dental, or other remedial
care to the extent not otherwise provided at public expense.
(2) The schedule of minimum basic standards of adequate care is as
follows:
Number of eligible Minimum basic
needy persons in standards of
the same family adequate care
1............................... $ 341
2............................... 560
3............................... 694
4............................... 824
5............................... 940
6............................... 1,057
7............................... 1,160
8............................... 1,265
9............................... 1,371
10.............................. 1,489
plus fourteen dollars ($14) for each additional needy person.
(3) (A) No adjustment shall be made under this section for the
1990-91 and 1991-92 fiscal years to reflect any change in the cost of
living. Elimination of the cost-of-living adjustment pursuant to
this subparagraph shall satisfy the requirements of Section 11453.05,
and no further reduction shall be made pursuant to that section.
(B) Any cost-of-living adjustment under this section for the
1991-92 fiscal year and any subsequent fiscal year pursuant to
Section 11453 shall not include any adjustment to reflect increases
for the cost of living for the 1990-91 and 1991-92 fiscal years.
(C) For the 1992-93, 1993-94, 1994-95, 1995-96 fiscal years, and
through October 31, 1996, a cost-of-living adjustment equivalent to
70 percent of the amount calculated pursuant to subdivision (a) of
Section 11453 shall be made under this section. This adjustment, by
reducing the cost-of-living adjustment that would otherwise have been
made, shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) The minimum basic standard of adequate care shall also include
the amount or amounts resulting from an allowance for recurring
special needs, as specified in subdivision (e) Section 11450, and the
amount or amounts resulting from the granting of a nonrecurring
special need, equal to the amounts specified in paragraphs (1) and
(2) of subdivision (f) of Section 11450.
(c) The department shall establish rules and regulations assuring
the uniform application statewide of the provisions of this section.
11452.018. (a) Notwithstanding any other provision of law, the
minimum basic standards of adequate care, as set forth in Section
11452, and as adjusted pursuant to any other provision of law, shall
be changed for each county to reflect regional variations in housing
cost based on the lowest quartile rent in each county as reported in
the Decennial Census data for 1990.
(b) Counties are assigned to one of two regions and the minimum
basic standards of adequate care for counties in those regions are
reduced as follows:
(1) Region 1 shall include all counties with lowest quartile rents
of four hundred dollars ($400) or more. There shall be no reduction
in minimum basic standard of adequate care for counties in Region 1.
Region 1 shall consist of the following counties:
(A) Alameda County
(B) Contra Costa County
(C) Los Angeles County
(D) Marin County
(E) Monterey County
(F) Napa County
(G) Orange County
(H) San Diego County
(I) San Francisco County
(J) San Luis Obispo County
(K) San Mateo County
(L) Santa Barbara County
(M) Santa Clara County
(N) Santa Cruz County
(O) Solano County
(P) Sonoma County
(Q) Ventura County
(2) Region 2 shall include all counties with lowest quartile rents
below four hundred dollars ($400). There shall be a 4.9 percent
reduction in the minimum basic standard of adequate care for counties
in Region 2. Region 2 shall consist of the following counties:
(A) Alpine County
(B) Amador County
(C) Butte County
(D) Calaveras County
(E) Colusa County
(F) Del Norte County
(G) El Dorado County
(H) Fresno County
(I) Glenn County
(J) Humboldt County
(K) Imperial County
(L) Inyo County
(M) Kern County
(N) Kings County
(O) Lake County
(P) Lassen County
(Q) Madera County
(R) Mariposa County
(S) Mendocino County
(T) Merced County
(U) Modoc County
(V) Mono County
(W) Nevada County
(X) Placer County
(Y) Plumas County
(Z) Riverside County
(AA) Sacramento County
(AB) San Benito County
(AC) San Bernardino County
(AD) San Joaquin County
(AE) Shasta County
(AF) Sierra County
(AG) Siskiyou County
(AH) Stanislaus County
(AI) Sutter County
(AJ) Tehama County
(AK) Trinity County
(AL) Tulare County
(AM) Tuolumne County
(AN) Yolo County
(AO) Yuba County
(c) This section shall be operative during such time as
subdivision (a) of Section 11450.018 is operative.
11453. (a) Except as provided in subdivision (c), the amounts set
forth in Section 11452 and subdivision (a) of Section 11450 shall be
adjusted annually by the department to reflect any increases or
decreases in the cost of living. These adjustments shall become
effective July 1 of each year, unless otherwise specified by the
Legislature. For the 2000-01 fiscal year to the 2003-04 fiscal year,
inclusive, these adjustments shall become effective October 1 of each
year. The cost-of-living adjustment shall be calculated by the
Department of Finance based on the changes in the California
Necessities Index, which as used in this section means the weighted
average changes for food, clothing, fuel, utilities, rent, and
transportation for low-income consumers. The computation of annual
adjustments in the California Necessities Index shall be made in
accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
Total.............................. $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period ending with the
December preceding the year for which the cost-of-living adjustment
will take effect, for each expenditure category specified in
subdivision (a) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in subdivision (a) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in subdivision (d) for the prior year.
(b) The overall adjustment factor determined by the preceding
computation steps shall be multiplied by the schedules established
pursuant to Section 11452 and subdivision (a) of Section 11450 as are
in effect during the month of June preceding the fiscal year in
which the adjustments are to occur and the product rounded to the
nearest dollar. The resultant amounts shall constitute the new
schedules which shall be filed with the Secretary of State.
(c) (1) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing the benefits under this chapter for the
1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and
1997-98 fiscal years, and through October 31, 1998, to reflect any
change in the cost of living. For the 1998-99 fiscal year, the cost
of living adjustment that would have been provided on July 1, 1998,
pursuant to subdivision (a) shall be made on November 1, 1998. No
adjustment to the maximum aid payment set forth in subdivision (a) of
Section 11450 shall be made under this section for the purpose of
increasing the benefits under this chapter for the 2005-06 and
2006-07 fiscal years to reflect any change in the cost-of-living.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(2) No adjustment to the minimum basic standard of adequate care
set forth in Section 11452 shall be made under this section for the
purpose of increasing the benefits under this chapter for the 1990-91
and 1991-92 fiscal years to reflect any change in the cost of
living.
(3) In any fiscal year commencing with the 2000-01 fiscal year to
the 2003-04 fiscal year, inclusive, when there is any increase in tax
relief pursuant to the applicable paragraph of subdivision (a) of
Section 10754 of the Revenue and Taxation Code, then the increase
pursuant to subdivision (a) of this section shall occur. In any
fiscal year commencing with the 2000-01 fiscal year to the 2003-04
fiscal year, inclusive, when there is no increase in tax relief
pursuant to the applicable paragraph of subdivision (a) of Section
10754 of the Revenue and Taxation Code, then any increase pursuant to
subdivision (a) of this section shall be suspended.
(4) Notwithstanding paragraph (3), an adjustment to the maximum
aid payments set forth in subdivision (a) of Section 11450 shall be
made under this section for the 2002-03 fiscal year, but the
adjustment shall become effective June 1, 2003.
(5) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing benefits under this chapter for the
2007-08, 2008-09, and 2009-10 fiscal years.
(6) For the 2010-11 fiscal year and each fiscal year thereafter,
no adjustment to the maximum aid payment set forth in subdivision (a)
of Section 11450 shall be made under this section unless otherwise
specified by statute.
(d) For the 2004-05 fiscal year, the adjustment to the maximum aid
payment set forth in subdivision (a) shall be suspended for three
months commencing on the first day of the first month following the
effective date of the act adding this subdivision.
(e) Adjustments for subsequent fiscal years pursuant to this
section shall not include any adjustments for any fiscal year in
which the cost of living was suspended pursuant to subdivision (c).
11453.1. (a) It is the intent of this section to assure that the
food purchasing power provided by benefits available from food stamps
under the federal Food Stamp Program (Chapter 51 (commencing with
Section 2011), Title 7, United States Code) shall continue to be
available to recipients of aid under this chapter, if, when and
during such times as federal law is amended to preclude food stamp
benefits to such recipients, but does expressly permit the equivalent
of such benefits to be provided as cash benefits to such recipients.
(b) It is the further intent of this section to protect the
financial interest of the state and counties by accomplishing the
conversion of food stamp benefits in such a manner that the
conversion does not result in state and county costs of aid exceeding
the costs in the base year, as hereinafter defined in this section.
(c) If federal law is amended to preclude the provision of food
stamp benefits pursuant to the federal Food Stamp Program to
applicants or recipients of aid under this chapter, when such federal
law becomes operative, such of the following provisions for
converting food stamp benefits to cash benefits as is consistent with
the intent of this section shall become operative immediately:
(1) The bonus value of food stamps shall be paid in addition to
the amounts payable pursuant to subdivision (a) of Section 11450,
provided that aggregate state and county expenditures pursuant to
that section and this section do not thereby exceed the base-year
costs.
(2) If aggregate state and county expenditures pursuant to
subdivision (a) of Section 11450 and this section in any fiscal year
would, by virtue of the operation of subsection (1) of subdivision
(c) of this section, result in an increase over the aggregate of such
expenditures in the base year, the bonus value of food stamps paid
pursuant to this section shall be reduced, on a pro rata basis, by
such amount as will reduce aggregate state and county expenditures
under that section and this section to an amount equal to the
aggregate state and county expenditures in the base year.
(d) For the purposes of this section, "base year" means that year
designated by federal law as the year fixing the limit on nonfederal
expenditures for programs established to implement programs under
Part A of Title 4 of the Social Security Act.
(e) For purposes of this section, "bonus value of food stamps"
means the dollar amount that federal law permits to be paid to a
child or a family of given size as a cash benefit in lieu of benefits
under the federal Food Stamp Program.
(f) For purposes of this section, "aggregate state and county
expenditure" is defined as expenditure made under subdivision (a) of
Section 11450 and this section, after deducting any federal
reimbursements or credits, and excluding any cost-of-living increment
paid pursuant to Section 11453.
11453.2. A county shall issue vouchers or vendor payments for at
least rent and utilities payments, for any assistance unit in which
any parent or caretaker relative has been subject to sanction of a
consecutive period of not less than three months. Vouchers or vendor
payments shall continue until the parent or caretaker relative is no
longer subject to the sanction.
11454. (a) A parent or caretaker relative shall not be eligible for
aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a).
(c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
(d) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed.
11454. (a) A parent or caretaker relative shall not be eligible for
aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a), or the 48-month
limitation provided for in subdivision (e).
(c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
(d) A month in which an individual is under sanction for
noncompliance pursuant to Section 11327.5 shall be taken into
consideration in computing the 60-month time limit on receipt of cash
assistance pursuant to subdivision (a), but shall not be counted for
purposes of the receipt of welfare-to-work services pursuant to
Section 11320.
(e) The 60-month benefit limit provided for in subdivision (a)
shall apply, except that aid may not be received for more than 48
cumulative months in any 60-month period. The adult may return to the
assistance unit 12 months after receiving aid for the 48 cumulative
months. In the absence of a sanction pursuant to Section 11327.5, the
full grant shall be restored at the time the adult returns to the
assistance unit.
(f) This section shall become operative on July 1, 2011.
(g) Counties shall notify families of the reduction in time
limitations specified in this section, within a reasonable time
following the effective dat
WELFARE AND INSTITUTIONS CODE
SECTION 11450-11469.1
11450. (a) (1) Aid shall be paid for each needy family, which shall
include all eligible brothers and sisters of each eligible applicant
or recipient child and the parents of the children, but shall not
include unborn children, or recipients of aid under Chapter 3
(commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section 11451.5,
shall be deducted from the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2). In no case shall the amount of aid paid for each month
exceed the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1................................. $ 326
2................................. 535
3................................. 663
4................................. 788
5................................. 899
6................................. 1,010
7................................. 1,109
8................................. 1,209
9................................. 1,306
10 or more........................ 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision. Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be paid to
one person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331) and
if the mother, and child, if born, would have qualified for aid under
this chapter.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of food stamps or special needs
for a family of that size and (ii) shall only be made to families
that have found permanent housing costing no more than 80 percent of
the family's total monthly household income without the value of food
stamps or special needs for a family of that size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
11450.01. (a) Notwithstanding any other provision of law,
commencing October 1, 1992, the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450 in effect on July
1, 1992, shall be reduced by 4.5 percent.
(b) (1) The department shall seek the approval from the United
States Department of Health and Human Services that is necessary to
reduce the maximum aid payments specified in subdivision (a) by an
additional amount equal to 1.3 percent of the maximum aid payments
specified in paragraph (1) of subdivision (a) of Section 11450 in
effect on July 1, 1992.
(2) The reduction provided by this subdivision shall be made on
the first day of the month following 30 days after the date of
approval by the United States Department of Health and Human
Services.
11450.015. Notwithstanding any other provision of law, the maximum
aid payments in effect on June 30, 1993, in accordance with paragraph
(1) of subdivision (a) of Section 11450 as reduced by subdivisions
(a) and (b) of Section 11450.01, shall be reduced by 2.7 percent
beginning the first of the month following 60 days after the
enactment of this section.
11450.017. Notwithstanding any other provision of law, the maximum
aid payment in effect on June 30, 1994, in accordance with paragraph
(1) of subdivision (a) of Section 11450 as reduced by subdivisions
(a) and (b) of Section 11450.01 and Section 11450.015, shall be
reduced by 2.3 percent beginning the first of the month following 50
days after the effective date of this section.
11450.018. (a) Notwithstanding any other provision of law, the
maximum aid payment in accordance with paragraph (1) of subdivision
(a) of Section 11450 as reduced by subdivisions (a) and (b) of
Section 11450.01, Section 11450.015, and Section 11450.017, shall be
reduced by 4.9 percent for counties in Region 2, as specified in
Section 11452.018.
(b) Notwithstanding any other provision of law, through October
31, 1998, the maximum aid payment in accordance with paragraph (1) of
subdivision (a) of Section 11450, as reduced by subdivision (a) and
(b) of Section 11450.01, Section 11450.015, Section 11450.017, and
subdivision (a) shall be reduced by 4.9 percent.
(c) Prior to implementing the reductions specified in subdivisions
(a) and (b), the director shall apply for and obtain a waiver from
the United States Department of Health and Human Services of Section
1396a(c)(1) of Title 42 of the United States Code. The reduction
shall be implemented to the extent the waiver is granted and only so
long as the waiver is effective. This subdivision shall not apply if
either the federal waiver process set forth at Section 1315 of Title
42 of the United States Code or Section 1396a(c) is repealed or
modified such that a waiver is not necessary to implement subdivision
(a) or (b).
(d) This section shall become operative and the reductions
specified in subdivisions (a) and (b) shall commence on the first day
of the month following 30 days after the receipt of federal approval
or on the first day of the month following 30 days after a change in
federal law that allows states to reduce aid payments without any
risk to federal funding under Title XIX of the Social Security Act,
whichever is earlier, but no earlier than October 1, 1995.
11450.019. Effective the first day of the month following 90 days
after a change in federal law that allows states to reduce aid
payments without any risk to federal funding under Title XIX of the
Social Security Act contained in Subchapter XIX (commencing with
Section 1396) of Chapter 7 of Title 42 of the United States Code, the
reductions in maximum aid payments specified in Sections 11450.01,
11450.015, and 11450.017 shall not be applied when all of the parents
or caretaker relatives of the aided child living in the home of the
aided child meet one of the following conditions:
(a) The individual is disabled and receiving benefits under
Section 12200 or 12300.
(b) The individual is a nonparent caretaker who is not included in
the assistance unit with the child.
(c) The individual is disabled and is receiving State Disability
Insurance benefits or Worker's Compensation Temporary Disability
benefits.
11450.02. Notwithstanding any other provision of law, commencing
July 1, 2009, the maximum aid payments in effect September 1, 2007,
as specified in paragraph (1) of subdivision (a) of Section 11450,
shall be reduced by 4 percent.
11450.03. (a) Notwithstanding the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450, families that
have resided in this state for less than 12 months shall be paid an
amount calculated in accordance with paragraph (1) of subdivision (a)
of Section 11450, not to exceed the maximum aid payment that would
have been received by that family from the state of prior residence.
(b) This section shall not become operative until the date of
approval by the United States Secretary of Health and Human Services
necessary to implement the provisions of this section so as to ensure
the continued compliance of the state plan for the following:
(1) Title IV of the federal Social Security Act (Subchapter 4
(commencing with Section 601) of Chapter 7 of Title 42 of the United
States Code).
(2) Title IX of the federal Social Security Act (Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code).
11450.04. (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
(b) This section shall not apply with respect to any of the
following children:
(1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
(2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
(3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
(c) This section shall not apply to any child born on or before
November 1, 1995.
(d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
(2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
(3) This section shall not apply to any child who is no longer
living in the same home with either parent.
(e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such child support payment shall not be
considered as income to the family for the purpose of calculating the
amount of aid for which the family is eligible under this article.
(f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
(g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
(2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
(h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
11450.2. (a) The department shall implement a system to provide for
supplemental payments to needy families qualified for aid under this
chapter, when, because of a change in reported financial
circumstances occurring between the "budget month" and the "payment
month," a family's net available income for the payment month is less
than 80 percent of the amount set forth in subdivisions (a) and (b)
of Section 11450, as adjusted for cost-of-living increases pursuant
to Section 11453, except as provided in subdivision (c) of Section
11453. The system shall provide all of the following:
(1) Families shall be informed of the availability of supplemental
payments and of the necessity that a family request the payments in
order for them to be provided. This information shall be provided in
writing at the time of application in the written statements of
recipients' rights, and shall also be provided orally by the
eligibility worker at the time of the initial interview and at each
annual redetermination. A request form shall be sent monthly to all
families which have reported income.
(2) That supplemental payments shall be paid in an amount
necessary to raise the family's net available income in the payment
month to 80 percent of the amount set forth in subdivision (a) of
Section 11450, as adjusted for cost-of-living increases pursuant to
Section 11453, except as provided in subdivision (c) of Section
11453.
(3) That supplemental payments shall not be considered income when
calculating the amount of the grant to be paid in future months.
(4) That supplemental payments or written notice of action shall
be issued within seven working days of a request. Payments shall only
be issued for those months in which a request has been made and a
family is eligible for the supplement. A request shall be made in the
month for which the supplemental payment is requested.
(5) That no supplemental payment shall be made to any family if,
under the federal Aid to Families with Dependent Children program,
the payments would be counted as income, regardless of the source of
the funding for the aid payment of the family.
(6) That no overpayment or underpayment shall be determined for a
supplemental payment which was correctly computed based on the family'
s reasonable estimate of the income and other circumstances for the
payment month. A family shall not be eligible for more than one
supplemental payment per month.
(b) For purposes of this section:
(1) "Budget month" and "payment month" shall be consistent with
the use of these terms in Section 11450.5.
(2) "Net available income" means the sum of the following:
(A) Total net nonexempt income in the payment month without
deduction of either the thirty dollars ($30) plus one-third of earned
income or the thirty dollars ($30) disregard deductions.
(B) Any child or spousal support received by the family pursuant
to Section 602(a)(8)(A)(vi) of Title 42 of the United States Code and
as that statute may hereafter be amended.
(C) The grant for the payment month before overpayment
adjustments.
(3) "Needy family" means a family aided pursuant to this chapter.
This includes a family that is in a single month of suspension
resulting from the receipt of income.
(4) "Grant" means the amount of aid paid to the needy family
pursuant to subdivision (a) of Section 11450, but does not include
any amounts paid pursuant to subdivision (e) of Section 11450 or
Section 11453.1.
11450.3. (a) The director may establish, within the department, the
Emergency Housing Apartment Program Demonstration Project.
(b) The director may, by formal order, waive the operation of
specific provisions in paragraph (2) of subdivision (f) of Section
11450, as required for participation in the Emergency Housing
Apartment Program Demonstration Project. The order establishing the
waiver shall limit the operation of the demonstration project to San
Francisco or Contra Costa County, or both, for no more than five
years of operation, and shall not result in the reduction or
elimination of any family's eligibility for assistance under
paragraph (2) of subdivision (f) of Section 11450. The order
establishing the waiver shall not take effect unless and until the
following conditions have been met:
(1) The United States Department of Health and Human Services has
approved federal financial participation for the demonstration
project.
(2) A comprehensive plan, including an analysis of the expected
costs and savings, has been published in a newspaper of general
circulation in the county or counties conducting the demonstration
project and filed with the policy and fiscal committees of each house
of the Legislature.
(c) The county or counties participating in the demonstration
project authorized by this section shall submit an annual report to
the department on the demonstration project. The county or counties
shall additionally collect and report any data and findings as
required by the department and shall cooperate with the department in
evaluating the demonstration project.
(d) It is the intent of the Legislature that funding for the
demonstration project authorized by this section be contained in
annual Budget Act appropriations.
11450.4. (a) It is the intent of the Legislature to establish an
emergency assistance for needy families program to serve the shelter
needs of homeless families apparently eligible for aid pursuant to
subdivision (a) of Section 11450. To this end, the State Department
of Social Services shall conduct negotiations with the United States
Department of Health and Human Services on establishing an emergency
assistance program to address the temporary and permanent shelter
needs of homeless families currently served under paragraph (2) of
subdivision (f) of Section 11450.
(b) (1) Upon receiving federal approval for an emergency
assistance program and prior to implementation, the department shall
notify the appropriate policy and fiscal committees of the
Legislature of its intent to implement the emergency assistance
program. The notification shall identify those portions of paragraph
(2) of subdivision (f) of Section 11450 which are intended to be
superseded by the emergency assistance program.
(2) Except as provided in this subdivision, the emergency
assistance program for which notification is submitted to the
Legislature pursuant to paragraph (1) shall become effective the
first day after 120 calendar days of continuous session of the
Legislature after the date on which the notification is transmitted,
or at a later date as may be indicated in the notification, unless,
prior to the end of the 120-calendar-day period, either house of the
Legislature adopts by a majority vote of the duly elected and
qualified members thereof a resolution indicating disapproval of the
proposed emergency assistance program.
(3) As used in this section, "120 calendar days of continuous
session" shall be deemed broken only by an adjournment sine die, but
in computing the 120 calendar days for the purposes of this section,
days on which either house is not in session because of a recess of
more than 10 days shall not be included.
(c) Upon implementation of the emergency assistance program, the
department shall cease implementation of those portions of paragraph
(2) of subdivision (f) of Section 11450 which are superseded by the
emergency assistance program.
11450.5. For purposes of computing and paying aid grants under this
chapter, the director shall adopt regulations establishing a
budgeting system. Nothing in this section, or Sections 11004, 11257
and 11450, or any other provision of this code, shall be interpreted
as prohibiting the establishment of, or otherwise restricting the
operation of, any budgeting system adopted by the director.
11450.5. For purposes of computing and paying aid grants under this
chapter, the director shall adopt regulations establishing a
budgeting system consistent with Sections 11265.1, 11265.2, and
11265.3. Nothing in this section, or Sections 11004, 11257 and 11450,
or any other provision of this code, shall be interpreted as
prohibiting the establishment of, or otherwise restricting the
operation of, any budgeting system adopted by the director.
11450.8. No payment of aid pursuant to Section 11450 shall be made
to a family for a month in which the amount the family would receive
is less than ten dollars ($10). The family shall be considered in
receipt of aid for all other purposes.
11450.9. (a) (1) The department shall designate as energy
assistance payments any increase in the maximum aid payments provided
pursuant to Section 11450 made on or after the first day of the
first session of the Legislature which is convened after the
effective date of this section.
(2) Increases subject to paragraph (1) shall include any increase
provided pursuant to Sections 11453 and 11453.05.
(b) The designation required by subdivision (a) shall be made to
the extent allowed by federal law to increase food stamp allotments
to recipients of assistance under this chapter.
(c) The department shall notify the federal government of the
designation made pursuant to subdivision (a) no later than 60 days
after it has submitted a report on the study required by subdivision
(d).
(d) It is the intent of the Legislature that the department
designate the maximum amount of aid payments made under this chapter
as energy assistance payments to the extent allowed under federal law
to increase food stamp allotments to recipients of assistance under
this chapter.
11450.10. Whenever the department is informed pursuant to either
Section 857 or 1764.5 that a minor is being incarcerated for a period
of at least 30 consecutive days, the department shall determine
whether the minor is a part of a family for whom benefits are being
received pursuant to Section 11450. In any case where it is
determined that a child identified pursuant to this section is a part
of a family for whom aid is being received pursuant to Section
11450, the department shall notify the county welfare department in
the county in which the incarcerated youth resides prior to the first
day of the month following the receipt of the notification by the
Department of the Youth Authority or by the county juvenile hall or
other county juvenile facility.
11450.11. Whenever a county welfare department is informed that a
child who is incarcerated is also a member of a family receiving
benefits pursuant to Section 11450, the county welfare department
shall seek reimbursement of any overpayments pursuant to existing law
and regulation.
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if income, exclusive of amounts exempt under Section
11451.5, equals or exceeds the maximum aid payment specified in
Section 11450.
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if reasonably anticipated income, less exempt income,
averaged over the quarter pursuant to Sections 11265.2 and 11265.3,
and exclusive of amounts exempt under Section 11451.5, equals or
exceeds the maximum aid payment specified in Section 11450.
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum aid
payment, adjusted to reflect the removal of the adult or adults from
the assistance unit, shall be reduced by the gross income of the
adult or adults removed from the assistance unit, less any amounts
exempted pursuant to Section 11451.5. Aid may be provided in the form
of cash or vouchers, at the option of the county.
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum aid
payment, adjusted to reflect the removal of the adult or adults from
the assistance unit, shall be reduced by the gross income of the
adult or adults removed from the assistance unit, averaged over the
quarter pursuant to Sections 11265.2 and 11265.3, and less any
amounts exempted pursuant to Section 11451.5. Aid may be provided in
the form of cash or vouchers, at the option of the county.
11450.16. (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
(b) Every assistance unit shall include at least one of the
following persons:
(1) One of each of the following:
(A) An eligible child.
(B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code), or Kin-GAP payments under Section 11364 or 11387, or
foster care payments under Section 11461.
(2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
(c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
(d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
(e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occurs:
(1) There is a common caretaker relative for the eligible
children.
(2) One caretaker relative marries another caretaker relative.
(3) Two caretaker relatives are the parents of an eligible child.
(f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
11451. Any county may, in its discretion, pay from its own funds
additional sums for the care of any needy child, and the state and
county may pay such aid as is needed for the adequate care of the
family from other state or county funds.
11451.5. (a) Notwithstanding Section 11008 and except as provided
by subdivision (f) of Section 11322.6, the following amounts shall be
exempt from the calculation of the income of the family for purposes
of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means State Disability
Insurance benefits, private disability insurance benefits, Temporary
Workers' Compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
11451.5. (a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged over the quarter pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of
the income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
11452. (a) (1) Minimum basic standards of adequate care shall be
distributed to the counties and shall be binding upon them. The
standards are determined on the basis of the schedule set forth in
this section, as adjusted for cost-of-living increases or decreases
pursuant to Section 11453, which schedule is designed to ensure:
(A) Safe, healthful housing.
(B) Minimum clothing for health and decency.
(C) Low-cost adequate food budget meeting recommended dietary
allowances of the National Research Council.
(D) Utilities.
(E) Other items including household operation, education and
incidentals, recreation, personal needs, and insurance.
(F) Allowance for essential medical, dental, or other remedial
care to the extent not otherwise provided at public expense.
(2) The schedule of minimum basic standards of adequate care is as
follows:
Number of eligible Minimum basic
needy persons in standards of
the same family adequate care
1............................... $ 341
2............................... 560
3............................... 694
4............................... 824
5............................... 940
6............................... 1,057
7............................... 1,160
8............................... 1,265
9............................... 1,371
10.............................. 1,489
plus fourteen dollars ($14) for each additional needy person.
(3) (A) No adjustment shall be made under this section for the
1990-91 and 1991-92 fiscal years to reflect any change in the cost of
living. Elimination of the cost-of-living adjustment pursuant to
this subparagraph shall satisfy the requirements of Section 11453.05,
and no further reduction shall be made pursuant to that section.
(B) Any cost-of-living adjustment under this section for the
1991-92 fiscal year and any subsequent fiscal year pursuant to
Section 11453 shall not include any adjustment to reflect increases
for the cost of living for the 1990-91 and 1991-92 fiscal years.
(C) For the 1992-93, 1993-94, 1994-95, 1995-96 fiscal years, and
through October 31, 1996, a cost-of-living adjustment equivalent to
70 percent of the amount calculated pursuant to subdivision (a) of
Section 11453 shall be made under this section. This adjustment, by
reducing the cost-of-living adjustment that would otherwise have been
made, shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) The minimum basic standard of adequate care shall also include
the amount or amounts resulting from an allowance for recurring
special needs, as specified in subdivision (e) Section 11450, and the
amount or amounts resulting from the granting of a nonrecurring
special need, equal to the amounts specified in paragraphs (1) and
(2) of subdivision (f) of Section 11450.
(c) The department shall establish rules and regulations assuring
the uniform application statewide of the provisions of this section.
11452.018. (a) Notwithstanding any other provision of law, the
minimum basic standards of adequate care, as set forth in Section
11452, and as adjusted pursuant to any other provision of law, shall
be changed for each county to reflect regional variations in housing
cost based on the lowest quartile rent in each county as reported in
the Decennial Census data for 1990.
(b) Counties are assigned to one of two regions and the minimum
basic standards of adequate care for counties in those regions are
reduced as follows:
(1) Region 1 shall include all counties with lowest quartile rents
of four hundred dollars ($400) or more. There shall be no reduction
in minimum basic standard of adequate care for counties in Region 1.
Region 1 shall consist of the following counties:
(A) Alameda County
(B) Contra Costa County
(C) Los Angeles County
(D) Marin County
(E) Monterey County
(F) Napa County
(G) Orange County
(H) San Diego County
(I) San Francisco County
(J) San Luis Obispo County
(K) San Mateo County
(L) Santa Barbara County
(M) Santa Clara County
(N) Santa Cruz County
(O) Solano County
(P) Sonoma County
(Q) Ventura County
(2) Region 2 shall include all counties with lowest quartile rents
below four hundred dollars ($400). There shall be a 4.9 percent
reduction in the minimum basic standard of adequate care for counties
in Region 2. Region 2 shall consist of the following counties:
(A) Alpine County
(B) Amador County
(C) Butte County
(D) Calaveras County
(E) Colusa County
(F) Del Norte County
(G) El Dorado County
(H) Fresno County
(I) Glenn County
(J) Humboldt County
(K) Imperial County
(L) Inyo County
(M) Kern County
(N) Kings County
(O) Lake County
(P) Lassen County
(Q) Madera County
(R) Mariposa County
(S) Mendocino County
(T) Merced County
(U) Modoc County
(V) Mono County
(W) Nevada County
(X) Placer County
(Y) Plumas County
(Z) Riverside County
(AA) Sacramento County
(AB) San Benito County
(AC) San Bernardino County
(AD) San Joaquin County
(AE) Shasta County
(AF) Sierra County
(AG) Siskiyou County
(AH) Stanislaus County
(AI) Sutter County
(AJ) Tehama County
(AK) Trinity County
(AL) Tulare County
(AM) Tuolumne County
(AN) Yolo County
(AO) Yuba County
(c) This section shall be operative during such time as
subdivision (a) of Section 11450.018 is operative.
11453. (a) Except as provided in subdivision (c), the amounts set
forth in Section 11452 and subdivision (a) of Section 11450 shall be
adjusted annually by the department to reflect any increases or
decreases in the cost of living. These adjustments shall become
effective July 1 of each year, unless otherwise specified by the
Legislature. For the 2000-01 fiscal year to the 2003-04 fiscal year,
inclusive, these adjustments shall become effective October 1 of each
year. The cost-of-living adjustment shall be calculated by the
Department of Finance based on the changes in the California
Necessities Index, which as used in this section means the weighted
average changes for food, clothing, fuel, utilities, rent, and
transportation for low-income consumers. The computation of annual
adjustments in the California Necessities Index shall be made in
accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
Total.............................. $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period ending with the
December preceding the year for which the cost-of-living adjustment
will take effect, for each expenditure category specified in
subdivision (a) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in subdivision (a) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in subdivision (d) for the prior year.
(b) The overall adjustment factor determined by the preceding
computation steps shall be multiplied by the schedules established
pursuant to Section 11452 and subdivision (a) of Section 11450 as are
in effect during the month of June preceding the fiscal year in
which the adjustments are to occur and the product rounded to the
nearest dollar. The resultant amounts shall constitute the new
schedules which shall be filed with the Secretary of State.
(c) (1) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing the benefits under this chapter for the
1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and
1997-98 fiscal years, and through October 31, 1998, to reflect any
change in the cost of living. For the 1998-99 fiscal year, the cost
of living adjustment that would have been provided on July 1, 1998,
pursuant to subdivision (a) shall be made on November 1, 1998. No
adjustment to the maximum aid payment set forth in subdivision (a) of
Section 11450 shall be made under this section for the purpose of
increasing the benefits under this chapter for the 2005-06 and
2006-07 fiscal years to reflect any change in the cost-of-living.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(2) No adjustment to the minimum basic standard of adequate care
set forth in Section 11452 shall be made under this section for the
purpose of increasing the benefits under this chapter for the 1990-91
and 1991-92 fiscal years to reflect any change in the cost of
living.
(3) In any fiscal year commencing with the 2000-01 fiscal year to
the 2003-04 fiscal year, inclusive, when there is any increase in tax
relief pursuant to the applicable paragraph of subdivision (a) of
Section 10754 of the Revenue and Taxation Code, then the increase
pursuant to subdivision (a) of this section shall occur. In any
fiscal year commencing with the 2000-01 fiscal year to the 2003-04
fiscal year, inclusive, when there is no increase in tax relief
pursuant to the applicable paragraph of subdivision (a) of Section
10754 of the Revenue and Taxation Code, then any increase pursuant to
subdivision (a) of this section shall be suspended.
(4) Notwithstanding paragraph (3), an adjustment to the maximum
aid payments set forth in subdivision (a) of Section 11450 shall be
made under this section for the 2002-03 fiscal year, but the
adjustment shall become effective June 1, 2003.
(5) No adjustment to the maximum aid payment set forth in
subdivision (a) of Section 11450 shall be made under this section for
the purpose of increasing benefits under this chapter for the
2007-08, 2008-09, and 2009-10 fiscal years.
(6) For the 2010-11 fiscal year and each fiscal year thereafter,
no adjustment to the maximum aid payment set forth in subdivision (a)
of Section 11450 shall be made under this section unless otherwise
specified by statute.
(d) For the 2004-05 fiscal year, the adjustment to the maximum aid
payment set forth in subdivision (a) shall be suspended for three
months commencing on the first day of the first month following the
effective date of the act adding this subdivision.
(e) Adjustments for subsequent fiscal years pursuant to this
section shall not include any adjustments for any fiscal year in
which the cost of living was suspended pursuant to subdivision (c).
11453.1. (a) It is the intent of this section to assure that the
food purchasing power provided by benefits available from food stamps
under the federal Food Stamp Program (Chapter 51 (commencing with
Section 2011), Title 7, United States Code) shall continue to be
available to recipients of aid under this chapter, if, when and
during such times as federal law is amended to preclude food stamp
benefits to such recipients, but does expressly permit the equivalent
of such benefits to be provided as cash benefits to such recipients.
(b) It is the further intent of this section to protect the
financial interest of the state and counties by accomplishing the
conversion of food stamp benefits in such a manner that the
conversion does not result in state and county costs of aid exceeding
the costs in the base year, as hereinafter defined in this section.
(c) If federal law is amended to preclude the provision of food
stamp benefits pursuant to the federal Food Stamp Program to
applicants or recipients of aid under this chapter, when such federal
law becomes operative, such of the following provisions for
converting food stamp benefits to cash benefits as is consistent with
the intent of this section shall become operative immediately:
(1) The bonus value of food stamps shall be paid in addition to
the amounts payable pursuant to subdivision (a) of Section 11450,
provided that aggregate state and county expenditures pursuant to
that section and this section do not thereby exceed the base-year
costs.
(2) If aggregate state and county expenditures pursuant to
subdivision (a) of Section 11450 and this section in any fiscal year
would, by virtue of the operation of subsection (1) of subdivision
(c) of this section, result in an increase over the aggregate of such
expenditures in the base year, the bonus value of food stamps paid
pursuant to this section shall be reduced, on a pro rata basis, by
such amount as will reduce aggregate state and county expenditures
under that section and this section to an amount equal to the
aggregate state and county expenditures in the base year.
(d) For the purposes of this section, "base year" means that year
designated by federal law as the year fixing the limit on nonfederal
expenditures for programs established to implement programs under
Part A of Title 4 of the Social Security Act.
(e) For purposes of this section, "bonus value of food stamps"
means the dollar amount that federal law permits to be paid to a
child or a family of given size as a cash benefit in lieu of benefits
under the federal Food Stamp Program.
(f) For purposes of this section, "aggregate state and county
expenditure" is defined as expenditure made under subdivision (a) of
Section 11450 and this section, after deducting any federal
reimbursements or credits, and excluding any cost-of-living increment
paid pursuant to Section 11453.
11453.2. A county shall issue vouchers or vendor payments for at
least rent and utilities payments, for any assistance unit in which
any parent or caretaker relative has been subject to sanction of a
consecutive period of not less than three months. Vouchers or vendor
payments shall continue until the parent or caretaker relative is no
longer subject to the sanction.
11454. (a) A parent or caretaker relative shall not be eligible for
aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a).
(c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
(d) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed.
11454. (a) A parent or caretaker relative shall not be eligible for
aid under this chapter when he or she has received aid under this
chapter or from any state under the Temporary Assistance for Needy
Families program (Part A (commencing with Section 401) of Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a
cumulative total of 60 months.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a), or the 48-month
limitation provided for in subdivision (e).
(c) Subdivision (a) shall not be applicable when all parent or
caretaker relatives of the aided child who are living in the home of
the child meet any of the following requirements:
(1) They are 60 years of age or older.
(2) They meet one of the conditions specified in paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(3) They are not included in the assistance unit.
(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers' Compensation
Temporary Disability Insurance, if the disability significantly
impairs the recipient's ability to be regularly employed or
participate in welfare-to-work activities.
(5) They are incapable of maintaining employment or participating
in welfare-to-work activities, as determined by the county, based on
the assessment of the individual and the individual has a history of
participation and full cooperation in welfare-to-work activities.
(d) A month in which an individual is under sanction for
noncompliance pursuant to Section 11327.5 shall be taken into
consideration in computing the 60-month time limit on receipt of cash
assistance pursuant to subdivision (a), but shall not be counted for
purposes of the receipt of welfare-to-work services pursuant to
Section 11320.
(e) The 60-month benefit limit provided for in subdivision (a)
shall apply, except that aid may not be received for more than 48
cumulative months in any 60-month period. The adult may return to the
assistance unit 12 months after receiving aid for the 48 cumulative
months. In the absence of a sanction pursuant to Section 11327.5, the
full grant shall be restored at the time the adult returns to the
assistance unit.
(f) This section shall become operative on July 1, 2011.
(g) Counties shall notify families of the reduction in time
limitations specified in this section, within a reasonable time
following the effective dat
