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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-15-2014 2:50 pm
Case Number: CPF-12-512070
Filing Date: Oct-14-2014 2:50
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REQUEST FOR JUDICIAL NOTICE
ANGIE CHRISTENSEN VS. WILL LIGHTBOURNE, DIRECTOR, CALIFORNIA
DEPARTMENT et al
001004655037
Instructions:
Please place this sheet on top of the document to be scanned.oO ND WH BF WY
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KAMALA D. HARRIS
Attorney General of California F I L E
SusAN M. CARSON
Supervising Deputy Attorney General ‘San Franciseo Caunty ED.
JENNIFER A, BUNSHOFT
Deputy Attorney General OCT 14 2014
State Bar No. 1973
455 Golden Gate Avenue, Suite 11000 CLERK OF THE COURT
San Francisco, CA 94102-7004 By: yo
Telephone: (415) 703-5085
Fax: (415) 703-5480
E-mail: Jennifer.Bunshoft@doj.ca.gov
Attorneys for Respondents
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ANGIE CHRISTENSEN, Case No. CPF-12-512070
Petitioner, | RESPONDENT’S REQUEST FOR
JUDICIAL NOTICE
Date: November 10, 2014
Time: 9:30 a.m.
WILL LIGHTBOURNE, DIRECTOR, Dept.: 302
CALIFORNIA DEPARTMENT OF
SOCIAL SERVICES; CALIFORNIA
DEPARTMENT OF SOCIAL SERVICES, | Trial Date: None Set
Action Filed: March 22, 2012
Respondents.
Respondent’s Request for Judicial Notic2 ISO Opposition to Mot. For Writ (CPF-12-512070 )oOo IN DH WH BF WN
Se a a a i i i
oN Du FB BN SK SS
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Respondents California Department of Social Services and Director Will Lightbourne
respectfully request that the Court take judicial notice of the following documents in connection
with Respondent’s Opposition in support of its demurrer to Plaintiffs’ Class Action Complaint
(Complaint):
1. Senate Bill (SB) 1233 (Chapter 933, Statutes of 1999). SB 1233 is judicially
noticeable as a public statutory law of the state of California. (Evid. Code, § 452, subd. (a).) True
and correct copies of SB 1233 as originally proposed, SB 1233 as amended, and SB 1233 as
enacted are attached hereto as Exhibit A.
2. Senate Bill (SB) 1041 (Chapter 47, Statutes of 2012). SB 1233 is judicially
noticeable as a public statutory law of the state of California. (Evid. Code, § 452, subd. (a).) A
true and correct copy of SB 1041 is attached hereto as Exhibit B.
3. California Department of Social Services, Manual of Policies and Procedures (MPP),
Division 44 “Standards of Assistance,” Chapter 44-100 (“Income.”) These regulations are
judicially noticeable as official acts of a California executive department. (Evid. Code, § 452,
subd. (c); see also § 452, subd. (d) [regulations issued by or under the authority of any public
entity in the United States.]) A true and correct copy of MPP 44-100, et seq., is attached hereto as
Exhibit C.
For the foregoing reasons, respondents respectfully request that the court take judicial
notice of the documents in this matter specified above pursuant to Evidence Code section 452,
subdivisions (a) through (c), and section 453.
Dated: October 10, 2014 Respectfully Submitted,
KAMALA D. HARRIS
Attorney General of California
Susan M. CARSON
Supervising Deputy Attorney General
mr, Bu%cn_
JENNIFER A, BUNSHOFT
Deputy Attorney General
Attorneys for Respondents
SF2012204090
41104500.doc
1
Respondent’s Request for Judicial Notice ISO Opposition to Mot. For Writ (CPF-12-512070 )©
CALIFORNIA LEGISLATURE—1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 1233
Introduced by Assembly Member Aroner
February 26, 1999
An act to amend Sections 11155, 11250, 11320.3, 11450.019,
11451.5, 11454,5, 18242, 18243, 18244, and 18245 of, to amend
and renumber Section 18247 of, and to repeal Sections 11201
and 18246 of, the Welfare and Institutions Code, relating. to
human services, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1233, as introduced, Aroner. CalWORKs program.
Existing law authorizes a recipient or applicant for aid
under the CalWORKs program to retain certain income and
resources without’ a reduction in eligibility for aid, and
exempts from that calculation of income and resources for
purposes of determining eligibility for aid under the
CalWORKs program those countable resources in an amount
equal to the amount permitted under federal law for
qualification for food stamps, and requires a. county to
determine the value of personal property and automobiles in
conformance with methods established under the Food
Stamp Program.
This bill would exempt the full value of one automobile
from consideration as a resource for each household in
determining eligibility for aid under the CalWORKs program.
Under existing law, counties are responsible for the
determination of eligibility of applicants and recipients of aid
under the CalWORKs program and the food stamp programs.©
AB 1233 —2—
By revising the eligibility standards applicable to the
exemption of the full value of an automobile from that
determination, the bill would result in an increase in the
number of persons eligible for aid, thereby resulting in’ an
increase in county responsibilities in the administration of aid.
The CalWORKs program is funded through a continuing
appropriation, and, by increasing the level of funding due to -
the increase in the number of persons eligible for those
benefits, this bill would result in an appropriation.
Existing law provides for the provision of aid under the
CalWORKs program to children who have been deprived of
parental support or care due to the death, physical or mental
incapacity, incarceration, unemployment, or continued
absence of parents, and defines an unemployed parent for
these purposes.
This bill would repeal that definition.
Existing law states that aid shall be provided under the
CalWORKs program to families with related children under
18 years of age because they have been deprived of parental
support or care due to the death, physical or mental
incapacity, incarceration, unemployment, or continued
absence of parents.
This bill would revise that provision to eliminate the
condition that the children shall have been deprived of
parental support or care. By revising the scope of eligible
participation in the program, this bill would result in an
increase in aid payments that are funded through a
continuous appropriation, thereby resulting in an
appropriation. By increasing the scope of _ eligible
participation in the program, this bill would increase the
responsibilities of the counties in implementing this program,
thereby resulting in a state-mandated local program.
Existing law requires.that, as a condition of eligibility for aid
under the CalWORKs program, participants who are not
otherwise exempt shall participate in — welfare-to-work
activities, and exempts from that requirement a dependent
child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
This bill would extend that exemption to a dependent child
attending a postsecondary school, and would continue the
99©
—3— AB 1233
period of exemption to apply to a dependent child who
graduates from high school, so long as he or she enrolls and
attends any postsecondary education or training program on
a full-time basis. By extending the exemption from
participation in the otherwise required —_ welfare-to-work
activities, this bill would increase the responsibilities in the
administration of the CalWORKs program, thereby resulting
in a state-mandated local program.
Existing law provides that, effective the first day of the
month following 90 days after a change in federal law that
allows states to reduce aid payments under the CalWORKs
program without any risk to federal funding under the federal
medicaid program, certain reductions in maximum aid
payments 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 specified conditions, including the condition
that the individual is disabled and receiving benefits under
the Supplemental Security Program oor the In-Home
Supportive Services Program.
This bill would include within the scope of that exemption
persons who are disabled and receiving benefits through state
disability insurance benefits, private disability insurance
benefits, temporary workers’ compensation benefits, and
social security disability benefits. By limiting the reduction of
aid payments under the CalWORKs program, this bill would
result in an increase in the payments under the program that
are funded through continuously appropriated funds, thereby
resulting in an appropriation, By increasing the scope of
eligible participation in the program, this bill would increase
the responsibilities of the counties in implementing this
program, thereby resulting in a state-mandated local
pro;
:
H (order, and up to $175 per month per
employed recipient for the cost of obtaining care for an
incapacitated individual if the county determines that©
AB 1233 —4—
adequate dependant care cannot be provided during his or
her working hours by a person in the assistance unit. By
revising the scope of eligible participation in the program, this
bill would result in an increase in aid payments that are
funded through a continuous appropriation, thereby resulting
in an appropriation. By increasing the scope of eligible
participation in the program, this bill would increase the
tesponsibilities of the counties in implementing this program,
thereby resulting in a state-mandated local program.
Existing law exempts certain disability-based income from
the calculation of income that shall be used to determine the
amount of aid grant that shall be paid to a family under the
CalWORKs program.
This bill would revise the definition of disability-based
unearned income. By extending the limitation on the amount
applied in calculating payments under the CalWORKs
program, this bill would result in an increase in the payments
under the program that are funded through continuously
appropriated funds, thereby resulting in an appropriation. By
increasing the scope of participation in the program, this bill
would increase the responsibilities of the counties in
implementing this program, _ thereby resulting in a
state-mandated local program.
Existing law requires recipients of aid under the CalWORKs
program to participate in welfare-to-work activities, with
specified exceptions.
This bill would revise the scope of conditions for which the
exemption from required participation in welfare-to-work
activities to include circumstances where the county has
determined there is a condition or other circumstance that
temporarily prevents or significantly impairs the recipient’s
ability to be regularly employed or to participate in
welfare-to-work activities or where the recipient satisfies the
hourly work participation _ requirements entirely through
unsubsidized employment. By revising the scope of the
exemption from the welfare-to-work activities required as a
condition of eligibility for aid under the CalWORKs program,
this bill would increase the level of aid grants under the
program funded through continuously appropriated funds.
By increasing the level of participation in the CalWORKs
99©
—s5— AB 1233
Program this bill would increase county responsibilities in the
administration of the program, resulting in a state-mandated
local program.
Existing law authorizes the State Department of Social
Services to approve demonstration projects in up to 3 counties
to test models of child support assurance, and specifies that
one of the projects shall conform to a specified design, and
provides for the funding of the Projects from funds
continuously appropriated for the CalWORKs program.
This bill would authorize the approval of child support
assurance demonstration projects in any county, and would
eliminate the requirement that one of the projects conform
to a specified design. To the extent this elimination of the
limitation on the number of demonstration projects, this bill
would result in an increase in funding through the use of funds
continuously appropriated for the CalWORKs program, this
bill would result in an increase in a continuing appropriation,
thereby resulting in an appropriation.
Existing law requires the State Department of Social
Services to develop research designs to ensure thorough
evaluation of the child support assurance demonstration
projects that include various factors, including the impact of
welfare-to-work participation rates of custodial parents,
CalWORKs participation rates and costs, paternity and child
support order establishment, and other relevant information.
This bill would recast that requirement and increase the
scope of factors that must be included in the research designs.
Existing law specifies that a family will be eligible to
participate in the child support assurance demonstration
project if the family has been determined to be eligible to
receive an aid grant under the CalWORKs program.
This bill would recast the requirement to specify that that
requirement shall not require that a family shall be eligible for
an aid grant under the CalWORKs program as a condition of
Participation in the child support assurance demonstration
project, and, by eliminating a limitation on eligibility for the
Program funded by a continuous appropriation, this bill would
result in an appropriation.
Existing law requires that, as a condition of receiving a child
Support assurance payment under the child support assurance
99©
AB 1233 —6—
demonstration project, a custodial parent shall be required to
provide relevant information requested by the county, and
appear at required interviews, conference hearings, or legal
Proceedings, except when compliance would make it more
difficult for a victim of domestic violence to escape physical
abuse or when cooperation would increase the risk of further
violence or unfairly penalize the victim, and, by eliminating
a limitation on eligibility for the program funded by a
continuous appropriation, this bill would result in an
appropriation.
This bill would deem a custodial parent’s diligent effort to
obtain a child support order, including providing the county
with the information necessary to file a petition for. child
support or he or she has been unable to obtain a child support
order due to reasons outside the control of the custodial
parent as having met the requirements for participation in the
child support assurance demonstration project. The bill would
also limit custodial parent employment requirements for
which conformity is a condition of eligibility under the
program.
Under existing law, a child shall be eligible to continue to
receive a child support assurance payment under the child
Support assurance demonstration project only if the family’s
income is not more than 150% of the federal: poverty level,
and specifies that for family income below the federal poverty
level, the earned income disregard shall be 90%, and for
income between 100% and 150% of the federal poverty level,
the earned income disregard shall be incrementally
decreased until the assistance benefit reaches zero at 150% of
the federal poverty level.
This bill would repeal that requirement, and, by eliminating
a limitation on eligibility for the program funded by a
continuous appropriation, this bill would result in an
appropriation.
Existing law provides that the state share of child support
assurance payments under the Child Support Assurance
Demonstration Project shall be paid in accordance with the
continuously appropriated funding of the CalWORKs
program.©
—T— AB 1233
This bill would specify that the State Department of Social
Services, to the extent possible, shall ensure that no funding
streams will be utilized to pay for child support assurance
payments if use of the funding streams. would cause
participants to be subject to the limitations imposed on the
CalWORKs program that a parent or caretaker relative shall
not be eligible to receive aid for a cumulative period of more
than 18 months after the individual signs, or refuses, without
good cause, to sign a welfare-to-work plan, unless it is certified
by the county that there is no job currently available for the
recipient and the recipient participates in community service
activities.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do
not exceed $1,000,000 statewide. and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State
Mandates determines that the bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to these statutory provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 11155 of the Welfare and
Institutions Code is amended to read:
11155. Notwithstanding the provisions of Section
11257, in addition to the personal property or resources
permitted by other provisions of this part, and to the
extent permitted by federal law, an applicant or recipient
for aid under this chapter, including an applicant or
recipient under Chapter 2 (commencing with Section
11200) may retain countable resources in an amount
equal to the amount permitted under federal law for
qualification for food stamps, except that the full value of
one automobile shall be exempt from consideration as a
BESocmranuawne©
AB 1233 —8—
COIDUARWNH
resource for each household. The county shall determine
the value of personal property and nonexempt
automobiles in conformance with methods established
under the Food Stamp Program.
SEC. 2. Section 11201 of the Welfare and Institutions
Code is repealed.
sgh fora € thie chapter the follow
SEC. 3. Section 11250 of the Welfare and Institutions
Code is amended to read:
11250. Aid, services, or both shall be granted under
the provisions of this chapter, and subject to the
regulations of the department, to families with related
children under the age of 18 years, except as provided in
Section 11253, in need thereof-—9— AB 1233
SEC. 4. Section 11320.3 of the Welfare and Institutions
Code is amended to read:
11320.3. (a) (1) Except as provided in subdivision
(b) or if otherwise exempt, every individual, as a
condition of eligibility for aid under this chapter, shall
participate in welfare-to-work activities under this
article, :
(2) Individuals eligible under Section 11331.5 shall be
required to participate in the Cal-Learn Program under
Article 3.5 (commencing with Section 11331) during the
time that article is operative, in lieu of the
welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
(b) The following individuals shall not be required to
participate for so long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) A child attending an elementary, secondary,
vocational, postsecondary, or technical school on a
full-time basis. A person who is 16 or 17 years of age, or a
person described in subdivision (d) who loses _ this
exemption, shall not requalify for the exemption by
attending school as a required activity under this article.
A dependent child who graduates from high school shall
continue to be exempt so long as he or she enrolls and
attends any postsecondary education or training program
on a full-time basis.
(3) An individual who meets either of the following
conditions:
99©
AB 1233 — 10—
(A) The individual is disabled as determined by a
doctor’s verification that the disability is expected to last
at least 30 days and that it significantly impairs the
recipient’s ability to be regularly employed or participate
in welfare-to-work activities, provided that the individual
is actively seeking appropriate medical treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who has primary
responsibility for providing care for a child and is either
caring for a child who is a dependent or ward of the court
or caring for a child in a.case in which a county
determines the child is at risk of placement in foster care,
and the county determines that the caretaking
tesponsibilities are beyond those considered normal
day-to-day parenting responsibilities such that they
impair the caretaker relative’s ability to be regularly
employed or to participate in welfare-to-work activities.
(5) An individual whose presence in the home is
required because of illness or incapacity of another
member of the household and whose caretaking
responsibilities impair the recipient’s ability to be
regularly employed or to participate in welfare-to-work
activities.
(6) A: parent or other relative who meets the criteria
in subparagraph (A) or (B).
(A) (i) The parent or other relative has primary
responsibility for personally providing care to a child six
months of age or under, except that, on a case-by-case
basis, and based on criteria developed by the county, this
period may be reduced to the first 12 weeks after the birth
or adoption of the child, or increased to the first 12 months
after the birth or adoption of the child. An individual may
be exempt only once under this clause.
(ii) An individual who received an exemption
pursuant to clause (i) shall be exempt for a period of 12
weeks, upon the birth or adoption of any subsequent
children, except that this period may be extended on a
case-by-case basis to six months, based on criteria
developed by the county.
99©
—i— AB 1233
(iii) In making the determination to extend the period
of exception under clause (i) or (ii), the following may be
considered:
(1) The availability of child care.
(I) Local labor market conditions.
(III) Other factors determined by the county.
(B) In a family eligible for aid under this chapter due
to the unemployment of the principal wage earner, the
exemption criteria contained in subparagraph (A) shall
be applied to only one parent.
(7) A woman who is pregnant and for whom it has
been medically verified that the pregnancy impairs her
ability to be regularly employed or participate in
welfare-to-work activities or the county has determined
that, at that time, participation will not readily lead to
employment or that a training activity is not appropriate.
(c) Any individual not required to participate may
choose to participate voluntarily under this article, and
end that participation at any time without loss of
eligibility for aid under this chapter, if his or her status has
not changed in a way that would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial
parent who is under 20 years of age and who has not
earned a high school diploma or its equivalent, and who
is not exempt or whose only basis for exemption is
subparagraph (A) of paragraph (6) of subdivision (b),
shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During
the time that Article 3.5 (commencing with Section
11331) is operative, this subdivision shall only apply to a
custodial parent who is 19 years of age.
(2) Section 11325.25 shall apply to a custodial parent
who is 18 or 19 years of age and who is required to
participate under this article.
(e) Notwithstanding paragraph (1) of subdivision (d),
the county may determine that participation in education
activities for the purpose of earning a high school diploma
or equivalent is inappropriate for an 18 or 19 year old
custodial parent only if that parent is reassigned pursuant
to an evaluation under Section 11325.25, or, at appraisal
99©
AB 1233 —12—
WOIANAWNHE
is already in an educational or vocational training
Program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is
made, the parent shall be allowed to continue
Participation in the self-initiated program subject to
Section 11325.23. During the time that Article 3.5
(commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19
years of age.
(f) A recipient shall be excused from participation for
good cause when the county has determined there is a
condition or other circumstance that temporarily
prevents or significantly impairs the recipient’s ability to
be regularly employed or to participate in
welfare-to-work activities. The county welfare
department shall review the good cause determination
for its continuing appropriateness in accordance with the
projected length of the condition, or circumstance, but
not less than every three months. The recipient shall
Cooperate with the county welfare department and
provide information, including written documentation,
as required to complete the review. Conditions that may
be considered good cause include, but are not limited to,
the following:
(1) Lack of necessary supportive services.
(2) In accordance with Article 7.5 (commencing with
Section 11495), the applicant or recipient is a victim of
domestic violence, but only if participation under this
article is detrimental to or unfairly penalizes that
individual or his or her family.
(3) Licensed or license-exempt child care for a child 10
years of age or younger is not reasonably available during
the individual’s hours of training or employment
including commuting time, or arrangements for child
care have broken down or have been interrupted, or
child care is needed for a child who meets the criteria. of
subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance
unit. For purposes of this paragraph, “reasonable
availability” means child care that is commonly available
99ADROOISocmisaHuVawne
17
©
—13— AB 1233
in the recipient’s community to a person who is not
receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child
care shall meet either licensing requirements or the
requirements of Section 11324. This good cause criterion
shall include the unavailability of suitable special needs
child care for children with identified special needs,
including, but not limited to, disabilities or chronic
illnesses,
SEC. 5. Section 11450.019 of the Welfare and
Institutions Code is amended to read:
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
Section 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 or as defined in paragraph
(2) of subdivision (b) of Section 11451.5.
(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
Tempo Di benefi
8 of the Welfare and Institutions
Code is amended to rea
11451.5. (a) Notwithstanding Section 11008, 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:©
AB 1233 —14—
(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 uneamed 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.
sro
(4) Up to one hundred seventy-five dollars ($175) per
month for each employed recipient for the reasonable
and necessary costs of obtaining care for an incapacitated
individual in the assistance unit when the county
determines that adequate dependent care cannot be
provided during his or her working hours by a person in
the assistance unit.
(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 i # isabilt provided under
Title 2 of the Social Security Act (Subchapter 2
(commencing with Section 401) of Chapter 7 of Title 42
of the United State Code) that requires a determination
of disability, and any publicly or privately provided
benefit for which eligibility depends upon oa
99WCOIDUAWNH
©
—15— AB 1233
determination of disability made or accepted by the
agency or entity administering the program.
(3) Unearned income means any income not
described in paragraph (1) or (2).
SEC. 7. Section 11454.5 of the Welfare and Institutions
Code is amended to read:
11454.5, (a) Any month in which a recipient is—meets
any of the following conditions shall not be counted as a
month of receipt of aid for the purpose of subdivision (a)
of Section 11454:
(1) The recipient is not required to participate in
welfare-to-work activities pursuant to subdivision (b) or
@ of Section 11320.3 because. of a condition that is
expected to last at least 30 days-et
(2) The recipient satisfies the hourly — work
Participation requirements of Section 11322.8 entirely
through unsubsidized employment.
(3) The recipient is eligible for, participating in, or
exempt from, the Cal-Lear program provided for
pursuant to Article 3.5 (commencing with Section 11331)
or is participating in another teen parent program
approved by the department:
of Section 454,
(b) Any month in which the following conditions exist
shall not be counted as a month of receipt of aid for the
purposes of subdivision (b) of Section 11454:
(1) The recipient is exempt from participation under
Article 3.2 (commencing with Section 11320) due to
disability, or advanced age in accordance with paragraph
(3) of subdivision (b) of Section 11320.3, or due to
caretaking responsibilities that impair the recipient’s
ability to be regularly employed, in accordance with
paragraph (4) or (5) of subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or
exempt from, the Cal-Learn’ Program provided for
pursuant to Article 3.5 (commencing with Section 11331)
or is participating in another teen parent program
approved by the department.©
AB 1233 —16—
(3) The cost of the cash aid provided to the recipient
for the month is fully reimbursed by child support,
whether collected in that month or any subsequent
month.
(4) The family is a former recipient of cash aid under
this chapter and currently receives only child care, case
management, or supportive services pursuant to Section
11323.2 or Article 15.5 (commencing with Section 8350)
of Chapter 2 of Part 6 of the Education Code.
(5) To the extent provided by federal law, the
recipient lived in Indian country, as defined by federal
law, or an Alaskan native village in which at least 50
percent of the adults living in the Indian country or in the
village are not employed.
(c) In cases where a lump-sum diversion payment ' is
provided in lieu of cash aid under Section 11266.5, the
month in which the payment is made or the months
calculated pursuant to subdivision (f) of Section 11266.5
shall count against the limits specified in Section 11454.
SEC. 8. Section 18242 of the Welfare and Institutions
Code is amended to read:
18242. (a) Upon application by a county board of
supervisors, the department may approve demonstration
Projects in—wp—te—three—eeunties to test models of child
Support assurance. One—ef—the—prejeets—shall—conferm—to
+ # - The ether tre
projects shall either test different models of child support
assurance or may test the same model if the-twe counties
in which that-the same model is tested involve counties
with different demographics.
(b) The department may approve joint projects by
two or more counties if both of the following apply:
(1) The equity of access to the project and its related
services is assured to all participants.
(2) The project includes appropriate operational and
fiscal arrangements between the counties submitting the
Joint project.
(c) It is the intent of the Legislature that the purpose
of the demonstration projects authorized by this article is
to test child support assurance models as alternatives to
99WOIDNAWNH
©
—17— AB 1233
welfare under which families with earnings and a child
Support order receive a guaranteed child support
payment, in lieu of a grant under the CalWORKs
program, from funds continuously appropriated for the
CalWORKs program.
fe-
(dq) A county may determine—limit the meximum
number of 5
5 families that will be
permitted to enroll in ‘its child support assurance
demonstration program.
SEC. 9. Section 18243 of the Welfare and Institutions
Code is amended to read:
18243. The department shall develop _research
designs to ensure thorough evaluations of the child
Support assurance demonstration projects that shall
include, but not be limited to, the impact of the project
on work participation rates of custodial parents,
household incomes and family well-being, CalWORKs
Participation rates and costs, rates of paternity and child
support order establishment, and any other relevant
information the director may require.
SEC. 10. Section 18244 of the Welfare and Institutions
Code is amended to read:
18244. (a) A-—Nothing in this section shall be
construed to require that a family shall be eligible to
participate # jf i é i
under this article only if, at the time of application to
participate in the child assurance program, the family is
receiving, or has been determined to be eligible to
receive, an aid grant under Chapter 2 (commencing with
Section 11200) of Part 3.
(b) A family’s participation under this article shall not
affect its eligibility to receive Medi-Cal and child care
benefits under Chapter 2 (commencing with Section
11200) of Part 3, if otherwise eligible.
SEC. 11. Section 18245 of the Welfare and Institutions
Code is amended to read:©
AB 1233 — 18—
18245. (a) A family shall be eligible to receive a child
Support assurance payment on behalf of a child only if the
child’s custodial parent has done all of the following:
(1) Assigned the child’s right to collect child support
to the state.
(2) Established paternity, obtained a child support
order, and is using the services available under the state
plan approved under Part D (commencing with Section
651) of Chapter 7 of Title 42 of the United States Code.
(3) Opted to. participate in the child assurance
program in lieu of cash assistance under Chapter 2
(commencing with Section 11200) or its successor
program.
(b) ided—i p—as—As a
condition of receiving a child support assurance payment
under this article, a custodial parent shall also be required
to do both of the following:
(1) Continue to provide all other relevant information
that the applicant has that may be requested by the
county.
By
(2) Appear at_—srequired —interviews, _— conference
hearings, or legal proceedings, if notified in advance and
an illness or emergency does not prevent attendance.
(c) A custodial parent shall not be required to comply
with paragraph—G)—paragraphs (1) and (2) of subdivision
(a) or with any of the provisions of subdivision (b) when
compliance would make it more difficult for.a domestic
violence victim to escape physical abuse or when
cooperation would increase the risk of further violence or
unfairly penalize the victim.
(a) A custodial parent shall be deemed to have met
the requirements of paragraphs (1) and (2) of subdivision
(a), and to be eligible to receive child support assurance
program benefits, if the parent has demonstrated, to the
satisfaction of the county, a diligent effort to obtain a child
support order, including providing the county with the
99COIDVAWNH
©
—19— AB 1233
information necessary to file a petition for child support,
or he or she has been unable to obtain a child support
order due to reasons outside the control of the custodial
parent.
(e) In order to be eligible under this article, a child
shall meet all of the following conditions:
(1) The child resides in the county.
(2) The child has a noncustodial parent living in the
United States, or if not living in the United States, is
subject to service of process by a state or territory of the
United States. .
(3) The child is under 18 years of age or, if enrolled in
high school, under 19 years of age.
(4) The custodial parent is employed. However,
participation shall not be conditioned upon the
maintenance of a _ specific number of hours of
employment.
SEC. 12. Section 18246 of the Welfare and Institutions
Code is repealed.
0SEC. 13. Section 18247 of the Welfare and Institutions
Code is amended and renumbered to read:
+8247—
18246. (a) The state share of child support assurance
payments under this article shall be paid in accordance
with Section 15200.
(b) The department shall, to the extent possible,
ensure that no funding streams will be utilized to pay for
child support assurance payments if the use of the
Sunding streams would cause participants to be subject to
the limitations of Section 11454 or any similar limitation.
(c) The county administrative cost for the operation of
a child support assurance program shall be paid from the
county’s allocation provided under Sections 15204.2 and
15204.3.
SEC. 14. Notwithstanding Section 17610 of the
Government Code, if the Commission on State Mandates
determines that this act contains costs mandated by the
state, reimbursement to local agencies and _ school
districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title
2 of the Government Code. If the statewide cost of the
claim for reimbursement does not exceed one million
dollars ($1,000,000), reimbursement shall be made from
the State Mandates Claims Fund.
99©
AMENDED IN ASSEMBLY JUNE 1, 1999
CALIFORNIA LEGISLATURE—1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 1233
Introduced by Assembly Member Aroner
February 26, 1999
An act to amend Sections 11155, 14250,43203; 11450.019,
oy 7 > 7 7
i ber—Seetion19247-of and | Seeti 11304
and 18246-0f 11451.5, and 18242 of the Welfare and Institutions
Code, relating to human. services, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1233, as amended, Aroner. CalWORKs program.
Existing law authorizes a recipient or applicant for aid
under the CalWORKs program to retain certain income and
resources without a reduction in eligibility for aid, and
exempts from that calculation of income and resources for
purposes of determining eligibility for aid under the
CalWORKs program those countable resources in an amount
equal to the amount permitted under federal law for
qualification for food stamps, and. requires a county to
determine the value of personal property and automobiles in
conformance with methods established under the Food
Stamp Program.
This bill would exempt the-feH up to $7,500 of the equity
value of one automobile from consideration as a resource for
98©
AB 1233 —2—
each household in determining eligibility for aid under the
CalWORKs program.
Under existing law, counties are responsible for the
determination of eligibility of applicants and recipients of aid
under the CalWORKs program and the food stamp programs.
By revising the eligibility standards applicable to the
exemption of the full value of an automobile from that
determination, the bill would result in an increase in the
number of persons eligible for aid, thereby resulting in an
increase in county responsibilities in the administration of aid.
The CalWORKs program is funded through a continuing
appropriation, and, by increasing the level of funding due to
the increase in the number of persons eligible for those
benefits, this bill would result in an appropriation.—3— AB 1233
Existing law provides that, effective the first day of the
month following 90 days after a change in federal law that
allows states to reduce aid payments under the CalWORKs
program without any risk to federal funding under the federal
medicaid program, certain reductions in maximum aid
payments 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 specified conditions, including the: condition
that the individual is disabled and receiving benefits under
the Supplemental Security Program or the In-Home
Supportive Services Program.
This bill would include within the scope of that exemption
persons who are disabled and receiving benefits through state
disability insurance benefits, private disability insurance
benefits, temporary workers’ compensation benefits, and
social security disability benefits. By limiting the reduction of
aid payments under the CalWORKs program, this bill would
result in an increase in the payments under the program that
are funded through continuously appropriated funds, thereby
resulting in an appropriation. By increasing the scope of
eligible participation in the program, this bill would increase
the responsibilities of the counties in implementing this
program, thereby resulting in a _ state-mandated local
pro;
98AB 1233 —4—
Existing law exempts certain disability-based income from
the calculation of income that shall be used to determine the
amount of aid grant that shall be paid to a family under the
CalWORKs program.
This bill would revise the definition of disability-based
uneamed income. By extending the limitation on the amount
applied in calculating payments under the CalWORKs
program, this bill would result in an increase in the payments
under the program that are funded through continuously
appropriated funds, thereby resulting in an appropriation. By
increasing the scope of participation in the program, this bill
would increase the responsibilities of the counties in
implementing this program, thereby resulting in a
state-mandated local program.—5— AB 1233
Existing law authorizes the State Department of Social
Services to approve demonstration projects in up to 3 counties
to test models of child support assurance, and specifies that
one of the projects shall conform to a specified design, and
provides for the funding of the projects from funds
continuously appropriated for the CalWORKs program.
This bill would authorize the approval of child support
assurance demonstration projects in eny—eeunty up to 5
counties, and would eliminate the requirement that one of the
projects conform to a specified design. To the extent this
elimination of the limitation on the number of demonstration
projects, this bill would result in an increase in funding
through the use of funds continuously appropriated for the
CalWORKs program, this bill would result in an increase in a
continuing appropriation, thereby resulting in an
appropriation.
"Bat “ie —requnor—the—State— Depart F Boe
98The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do
not exceed $1,000,000 statewide and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State
Mandates determines: that the bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to these statutory provisions.
Vote: 7/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11155 of the Welfare and
2 Institutions Code is amended to read:
3 11155. Notwithstanding the provisions of Section
4 11257, in addition to the personal property or resources
5 permitted by other provisions of this part, and to the
6 extent permitted by federal law, an applicant or recipient
7 for aid under this chapter, including an applicant or
98©
AB 1233 —8—
WOIDARKWN—
recipient under Chapter 2 (commencing with Section
11200) may retain countable resources in an amount
equal to the amount permitted under federal law for
qualification for food stamps, except that the-fulltvalue up
to seven thousand five hundred dollars ($7,500) of the
equity value of one automobile shall be exempt from
consideration as a resource for each household, The
county shall determine the value of personal preperty98AB 1233 —10—
1
2
3
4
5 7
6
7
8
9
981
2
3 8
4
5 ¢
6
7G
8
9sEc—5— Property. The department may annually
adjust the value of the automobile. The county shall
determine the value of personal property and
automobiles in conformance with the numerical value
limits under the Food Stamp Program, with the exception
of the first vehicle for each family, and according to
procedures established by the department.
SEC. 2. Section 11450.019 of the Welfare and
Institutions Code is amended to read:
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
Section 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 or as defined in paragraph
(2) of subdivision (b) of Section 11451.5.
(b) The individual is a nonparent caretaker who. is not
included in the assistance unit with the child.©
— 13— AB 1233
(c) The individual is disabled and is receiving State
Disability Insurance benefits or Worker’s Compensation
Temporary Disability benefits.
SEC —
SEC. 3. 8
Code is amended to read
11451.5. (a) Notwithstanding Section 11008, 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 percent of all d i
of the Welfare and Institutions
the-assistanee-unit:
(b) For purposes of this section:
(1) Earned income means gross income received as
wages, salary, employer provided sick leave benefits,
98©
AB 1233 —14—
COIAHAWNHE
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 provided under, Title 2 of the Social Security Act
(Subchapter 2 (commencing with Section 401) of
Chapter 7 of Title 42 of the United State Code) that
requires a determination of disability, and any publicly or
privately provided benefit for which eligibility depends
upon a determination of -disability made or accepted by
the agency or entity administering the program.
(3) Unearned income means any income not
described in paragraph (1) or (2).1
2
3
1
5
6
7
8
9
SEC. 4. Section 18242 of the Welfare and Institutions
Code is amended to read:
18242. (a) Upon application by a county board of
supervisors, the department may approve demonstration
projects in up to five counties to test models of child
support assurance. The projects shall either test different
models of child support assurance or may test the same
model if counties in which the same model is tested
involve counties with different demographics.
(b) The department may approve joint projects by
two or more counties if both of the following apply:
98© .
AB 1233 —16—
(1) The equity of access to the project and its related
services is assured to all participants.
(2) The project includes appropriate operational and
fiscal arrangements between the counties submitting the
joint project.
(c) It is the intent of the Legislature that the purpose
of th
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-15-2014 2:50 pm Case Number: CPF-12-512070 Filing Date: Oct-14-2014 2:50 Filed by: VANESSA WU Juke Box: 001 Image: 04655037 REQUEST FOR JUDICIAL NOTICE ANGIE CHRISTENSEN VS. WILL LIGHTBOURNE, DIRECTOR, CALIFORNIA DEPARTMENT et al 001004655037 Instructions: Please place this sheet on top of the document to be scanned.oO ND WH BF WY bs = Ss wo © 0 KAMALA D. HARRIS Attorney General of California F I L E SusAN M. CARSON Supervising Deputy Attorney General ‘San Franciseo Caunty ED. JENNIFER A, BUNSHOFT Deputy Attorney General OCT 14 2014 State Bar No. 1973 455 Golden Gate Avenue, Suite 11000 CLERK OF THE COURT San Francisco, CA 94102-7004 By: yo Telephone: (415) 703-5085 Fax: (415) 703-5480 E-mail: Jennifer.Bunshoft@doj.ca.gov Attorneys for Respondents SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ANGIE CHRISTENSEN, Case No. CPF-12-512070 Petitioner, | RESPONDENT’S REQUEST FOR JUDICIAL NOTICE Date: November 10, 2014 Time: 9:30 a.m. WILL LIGHTBOURNE, DIRECTOR, Dept.: 302 CALIFORNIA DEPARTMENT OF SOCIAL SERVICES; CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, | Trial Date: None Set Action Filed: March 22, 2012 Respondents. Respondent’s Request for Judicial Notic2 ISO Opposition to Mot. For Writ (CPF-12-512070 )oOo IN DH WH BF WN Se a a a i i i oN Du FB BN SK SS © 0 Respondents California Department of Social Services and Director Will Lightbourne respectfully request that the Court take judicial notice of the following documents in connection with Respondent’s Opposition in support of its demurrer to Plaintiffs’ Class Action Complaint (Complaint): 1. Senate Bill (SB) 1233 (Chapter 933, Statutes of 1999). SB 1233 is judicially noticeable as a public statutory law of the state of California. (Evid. Code, § 452, subd. (a).) True and correct copies of SB 1233 as originally proposed, SB 1233 as amended, and SB 1233 as enacted are attached hereto as Exhibit A. 2. Senate Bill (SB) 1041 (Chapter 47, Statutes of 2012). SB 1233 is judicially noticeable as a public statutory law of the state of California. (Evid. Code, § 452, subd. (a).) A true and correct copy of SB 1041 is attached hereto as Exhibit B. 3. California Department of Social Services, Manual of Policies and Procedures (MPP), Division 44 “Standards of Assistance,” Chapter 44-100 (“Income.”) These regulations are judicially noticeable as official acts of a California executive department. (Evid. Code, § 452, subd. (c); see also § 452, subd. (d) [regulations issued by or under the authority of any public entity in the United States.]) A true and correct copy of MPP 44-100, et seq., is attached hereto as Exhibit C. For the foregoing reasons, respondents respectfully request that the court take judicial notice of the documents in this matter specified above pursuant to Evidence Code section 452, subdivisions (a) through (c), and section 453. Dated: October 10, 2014 Respectfully Submitted, KAMALA D. HARRIS Attorney General of California Susan M. CARSON Supervising Deputy Attorney General mr, Bu%cn_ JENNIFER A, BUNSHOFT Deputy Attorney General Attorneys for Respondents SF2012204090 41104500.doc 1 Respondent’s Request for Judicial Notice ISO Opposition to Mot. For Writ (CPF-12-512070 )© CALIFORNIA LEGISLATURE—1999-2000 REGULAR SESSION ASSEMBLY BILL No. 1233 Introduced by Assembly Member Aroner February 26, 1999 An act to amend Sections 11155, 11250, 11320.3, 11450.019, 11451.5, 11454,5, 18242, 18243, 18244, and 18245 of, to amend and renumber Section 18247 of, and to repeal Sections 11201 and 18246 of, the Welfare and Institutions Code, relating. to human services, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1233, as introduced, Aroner. CalWORKs program. Existing law authorizes a recipient or applicant for aid under the CalWORKs program to retain certain income and resources without’ a reduction in eligibility for aid, and exempts from that calculation of income and resources for purposes of determining eligibility for aid under the CalWORKs program those countable resources in an amount equal to the amount permitted under federal law for qualification for food stamps, and requires a. county to determine the value of personal property and automobiles in conformance with methods established under the Food Stamp Program. This bill would exempt the full value of one automobile from consideration as a resource for each household in determining eligibility for aid under the CalWORKs program. Under existing law, counties are responsible for the determination of eligibility of applicants and recipients of aid under the CalWORKs program and the food stamp programs.© AB 1233 —2— By revising the eligibility standards applicable to the exemption of the full value of an automobile from that determination, the bill would result in an increase in the number of persons eligible for aid, thereby resulting in’ an increase in county responsibilities in the administration of aid. The CalWORKs program is funded through a continuing appropriation, and, by increasing the level of funding due to - the increase in the number of persons eligible for those benefits, this bill would result in an appropriation. Existing law provides for the provision of aid under the CalWORKs program to children who have been deprived of parental support or care due to the death, physical or mental incapacity, incarceration, unemployment, or continued absence of parents, and defines an unemployed parent for these purposes. This bill would repeal that definition. Existing law states that aid shall be provided under the CalWORKs program to families with related children under 18 years of age because they have been deprived of parental support or care due to the death, physical or mental incapacity, incarceration, unemployment, or continued absence of parents. This bill would revise that provision to eliminate the condition that the children shall have been deprived of parental support or care. By revising the scope of eligible participation in the program, this bill would result in an increase in aid payments that are funded through a continuous appropriation, thereby resulting in an appropriation. By increasing the scope of _ eligible participation in the program, this bill would increase the responsibilities of the counties in implementing this program, thereby resulting in a state-mandated local program. Existing law requires.that, as a condition of eligibility for aid under the CalWORKs program, participants who are not otherwise exempt shall participate in — welfare-to-work activities, and exempts from that requirement a dependent child attending an elementary, secondary, vocational, or technical school on a full-time basis. This bill would extend that exemption to a dependent child attending a postsecondary school, and would continue the 99© —3— AB 1233 period of exemption to apply to a dependent child who graduates from high school, so long as he or she enrolls and attends any postsecondary education or training program on a full-time basis. By extending the exemption from participation in the otherwise required —_ welfare-to-work activities, this bill would increase the responsibilities in the administration of the CalWORKs program, thereby resulting in a state-mandated local program. Existing law provides that, effective the first day of the month following 90 days after a change in federal law that allows states to reduce aid payments under the CalWORKs program without any risk to federal funding under the federal medicaid program, certain reductions in maximum aid payments 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 specified conditions, including the condition that the individual is disabled and receiving benefits under the Supplemental Security Program oor the In-Home Supportive Services Program. This bill would include within the scope of that exemption persons who are disabled and receiving benefits through state disability insurance benefits, private disability insurance benefits, temporary workers’ compensation benefits, and social security disability benefits. By limiting the reduction of aid payments under the CalWORKs program, this bill would result in an increase in the payments under the program that are funded through continuously appropriated funds, thereby resulting in an appropriation, By increasing the scope of eligible participation in the program, this bill would increase the responsibilities of the counties in implementing this program, thereby resulting in a state-mandated local pro; : H (order, and up to $175 per month per employed recipient for the cost of obtaining care for an incapacitated individual if the county determines that© AB 1233 —4— adequate dependant care cannot be provided during his or her working hours by a person in the assistance unit. By revising the scope of eligible participation in the program, this bill would result in an increase in aid payments that are funded through a continuous appropriation, thereby resulting in an appropriation. By increasing the scope of eligible participation in the program, this bill would increase the tesponsibilities of the counties in implementing this program, thereby resulting in a state-mandated local program. Existing law exempts certain disability-based income from the calculation of income that shall be used to determine the amount of aid grant that shall be paid to a family under the CalWORKs program. This bill would revise the definition of disability-based unearned income. By extending the limitation on the amount applied in calculating payments under the CalWORKs program, this bill would result in an increase in the payments under the program that are funded through continuously appropriated funds, thereby resulting in an appropriation. By increasing the scope of participation in the program, this bill would increase the responsibilities of the counties in implementing this program, _ thereby resulting in a state-mandated local program. Existing law requires recipients of aid under the CalWORKs program to participate in welfare-to-work activities, with specified exceptions. This bill would revise the scope of conditions for which the exemption from required participation in welfare-to-work activities to include circumstances where the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient’s ability to be regularly employed or to participate in welfare-to-work activities or where the recipient satisfies the hourly work participation _ requirements entirely through unsubsidized employment. By revising the scope of the exemption from the welfare-to-work activities required as a condition of eligibility for aid under the CalWORKs program, this bill would increase the level of aid grants under the program funded through continuously appropriated funds. By increasing the level of participation in the CalWORKs 99© —s5— AB 1233 Program this bill would increase county responsibilities in the administration of the program, resulting in a state-mandated local program. Existing law authorizes the State Department of Social Services to approve demonstration projects in up to 3 counties to test models of child support assurance, and specifies that one of the projects shall conform to a specified design, and provides for the funding of the Projects from funds continuously appropriated for the CalWORKs program. This bill would authorize the approval of child support assurance demonstration projects in any county, and would eliminate the requirement that one of the projects conform to a specified design. To the extent this elimination of the limitation on the number of demonstration projects, this bill would result in an increase in funding through the use of funds continuously appropriated for the CalWORKs program, this bill would result in an increase in a continuing appropriation, thereby resulting in an appropriation. Existing law requires the State Department of Social Services to develop research designs to ensure thorough evaluation of the child support assurance demonstration projects that include various factors, including the impact of welfare-to-work participation rates of custodial parents, CalWORKs participation rates and costs, paternity and child support order establishment, and other relevant information. This bill would recast that requirement and increase the scope of factors that must be included in the research designs. Existing law specifies that a family will be eligible to participate in the child support assurance demonstration project if the family has been determined to be eligible to receive an aid grant under the CalWORKs program. This bill would recast the requirement to specify that that requirement shall not require that a family shall be eligible for an aid grant under the CalWORKs program as a condition of Participation in the child support assurance demonstration project, and, by eliminating a limitation on eligibility for the Program funded by a continuous appropriation, this bill would result in an appropriation. Existing law requires that, as a condition of receiving a child Support assurance payment under the child support assurance 99© AB 1233 —6— demonstration project, a custodial parent shall be required to provide relevant information requested by the county, and appear at required interviews, conference hearings, or legal Proceedings, except when compliance would make it more difficult for a victim of domestic violence to escape physical abuse or when cooperation would increase the risk of further violence or unfairly penalize the victim, and, by eliminating a limitation on eligibility for the program funded by a continuous appropriation, this bill would result in an appropriation. This bill would deem a custodial parent’s diligent effort to obtain a child support order, including providing the county with the information necessary to file a petition for. child support or he or she has been unable to obtain a child support order due to reasons outside the control of the custodial parent as having met the requirements for participation in the child support assurance demonstration project. The bill would also limit custodial parent employment requirements for which conformity is a condition of eligibility under the program. Under existing law, a child shall be eligible to continue to receive a child support assurance payment under the child Support assurance demonstration project only if the family’s income is not more than 150% of the federal: poverty level, and specifies that for family income below the federal poverty level, the earned income disregard shall be 90%, and for income between 100% and 150% of the federal poverty level, the earned income disregard shall be incrementally decreased until the assistance benefit reaches zero at 150% of the federal poverty level. This bill would repeal that requirement, and, by eliminating a limitation on eligibility for the program funded by a continuous appropriation, this bill would result in an appropriation. Existing law provides that the state share of child support assurance payments under the Child Support Assurance Demonstration Project shall be paid in accordance with the continuously appropriated funding of the CalWORKs program.© —T— AB 1233 This bill would specify that the State Department of Social Services, to the extent possible, shall ensure that no funding streams will be utilized to pay for child support assurance payments if use of the funding streams. would cause participants to be subject to the limitations imposed on the CalWORKs program that a parent or caretaker relative shall not be eligible to receive aid for a cumulative period of more than 18 months after the individual signs, or refuses, without good cause, to sign a welfare-to-work plan, unless it is certified by the county that there is no job currently available for the recipient and the recipient participates in community service activities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide. and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. Section 11155 of the Welfare and Institutions Code is amended to read: 11155. Notwithstanding the provisions of Section 11257, in addition to the personal property or resources permitted by other provisions of this part, and to the extent permitted by federal law, an applicant or recipient for aid under this chapter, including an applicant or recipient under Chapter 2 (commencing with Section 11200) may retain countable resources in an amount equal to the amount permitted under federal law for qualification for food stamps, except that the full value of one automobile shall be exempt from consideration as a BESocmranuawne© AB 1233 —8— COIDUARWNH resource for each household. The county shall determine the value of personal property and nonexempt automobiles in conformance with methods established under the Food Stamp Program. SEC. 2. Section 11201 of the Welfare and Institutions Code is repealed. sgh fora € thie chapter the follow SEC. 3. Section 11250 of the Welfare and Institutions Code is amended to read: 11250. Aid, services, or both shall be granted under the provisions of this chapter, and subject to the regulations of the department, to families with related children under the age of 18 years, except as provided in Section 11253, in need thereof-—9— AB 1233 SEC. 4. Section 11320.3 of the Welfare and Institutions Code is amended to read: 11320.3. (a) (1) Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article, : (2) Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) during the time that article is operative, in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual. (b) The following individuals shall not be required to participate for so long as the condition continues to exist: (1) An individual under 16 years of age. (2) A child attending an elementary, secondary, vocational, postsecondary, or technical school on a full-time basis. A person who is 16 or 17 years of age, or a person described in subdivision (d) who loses _ this exemption, shall not requalify for the exemption by attending school as a required activity under this article. A dependent child who graduates from high school shall continue to be exempt so long as he or she enrolls and attends any postsecondary education or training program on a full-time basis. (3) An individual who meets either of the following conditions: 99© AB 1233 — 10— (A) The individual is disabled as determined by a doctor’s verification that the disability is expected to last at least 30 days and that it significantly impairs the recipient’s ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment. (B) The individual is of advanced age. (4) A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a.case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking tesponsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relative’s ability to be regularly employed or to participate in welfare-to-work activities. (5) An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipient’s ability to be regularly employed or to participate in welfare-to-work activities. (6) A: parent or other relative who meets the criteria in subparagraph (A) or (B). (A) (i) The parent or other relative has primary responsibility for personally providing care to a child six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause. (ii) An individual who received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county. 99© —i— AB 1233 (iii) In making the determination to extend the period of exception under clause (i) or (ii), the following may be considered: (1) The availability of child care. (I) Local labor market conditions. (III) Other factors determined by the county. (B) In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent. (7) A woman who is pregnant and for whom it has been medically verified that the pregnancy impairs her ability to be regularly employed or participate in welfare-to-work activities or the county has determined that, at that time, participation will not readily lead to employment or that a training activity is not appropriate. (c) Any individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if his or her status has not changed in a way that would require participation. (d) (1) Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt or whose only basis for exemption is subparagraph (A) of paragraph (6) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age. (2) Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article. (e) Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for an 18 or 19 year old custodial parent only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal 99© AB 1233 —12— WOIANAWNHE is already in an educational or vocational training Program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue Participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age. (f) A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient’s ability to be regularly employed or to participate in welfare-to-work activities. The county welfare department shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall Cooperate with the county welfare department and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following: (1) Lack of necessary supportive services. (2) In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or his or her family. (3) Licensed or license-exempt child care for a child 10 years of age or younger is not reasonably available during the individual’s hours of training or employment including commuting time, or arrangements for child care have broken down or have been interrupted, or child care is needed for a child who meets the criteria. of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, “reasonable availability” means child care that is commonly available 99ADROOISocmisaHuVawne 17 © —13— AB 1233 in the recipient’s community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of child care shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs child care for children with identified special needs, including, but not limited to, disabilities or chronic illnesses, SEC. 5. Section 11450.019 of the Welfare and Institutions Code is amended to read: 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 Section 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 or as defined in paragraph (2) of subdivision (b) of Section 11451.5. (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 Tempo Di benefi 8 of the Welfare and Institutions Code is amended to rea 11451.5. (a) Notwithstanding Section 11008, 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:© AB 1233 —14— (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 uneamed 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. sro (4) Up to one hundred seventy-five dollars ($175) per month for each employed recipient for the reasonable and necessary costs of obtaining care for an incapacitated individual in the assistance unit when the county determines that adequate dependent care cannot be provided during his or her working hours by a person in the assistance unit. (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 i # isabilt provided under Title 2 of the Social Security Act (Subchapter 2 (commencing with Section 401) of Chapter 7 of Title 42 of the United State Code) that requires a determination of disability, and any publicly or privately provided benefit for which eligibility depends upon oa 99WCOIDUAWNH © —15— AB 1233 determination of disability made or accepted by the agency or entity administering the program. (3) Unearned income means any income not described in paragraph (1) or (2). SEC. 7. Section 11454.5 of the Welfare and Institutions Code is amended to read: 11454.5, (a) Any month in which a recipient is—meets any of the following conditions shall not be counted as a month of receipt of aid for the purpose of subdivision (a) of Section 11454: (1) The recipient is not required to participate in welfare-to-work activities pursuant to subdivision (b) or @ of Section 11320.3 because. of a condition that is expected to last at least 30 days-et (2) The recipient satisfies the hourly — work Participation requirements of Section 11322.8 entirely through unsubsidized employment. (3) The recipient is eligible for, participating in, or exempt from, the Cal-Lear program provided for pursuant to Article 3.5 (commencing with Section 11331) or is participating in another teen parent program approved by the department: of Section 454, (b) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (b) of Section 11454: (1) The recipient is exempt from participation under Article 3.2 (commencing with Section 11320) due to disability, or advanced age in accordance with paragraph (3) of subdivision (b) of Section 11320.3, or due to caretaking responsibilities that impair the recipient’s ability to be regularly employed, in accordance with paragraph (4) or (5) of subdivision (b) of Section 11320.3. (2) The recipient is eligible for, participating in, or exempt from, the Cal-Learn’ Program provided for pursuant to Article 3.5 (commencing with Section 11331) or is participating in another teen parent program approved by the department.© AB 1233 —16— (3) The cost of the cash aid provided to the recipient for the month is fully reimbursed by child support, whether collected in that month or any subsequent month. (4) The family is a former recipient of cash aid under this chapter and currently receives only child care, case management, or supportive services pursuant to Section 11323.2 or Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of the Education Code. (5) To the extent provided by federal law, the recipient lived in Indian country, as defined by federal law, or an Alaskan native village in which at least 50 percent of the adults living in the Indian country or in the village are not employed. (c) In cases where a lump-sum diversion payment ' is provided in lieu of cash aid under Section 11266.5, the month in which the payment is made or the months calculated pursuant to subdivision (f) of Section 11266.5 shall count against the limits specified in Section 11454. SEC. 8. Section 18242 of the Welfare and Institutions Code is amended to read: 18242. (a) Upon application by a county board of supervisors, the department may approve demonstration Projects in—wp—te—three—eeunties to test models of child Support assurance. One—ef—the—prejeets—shall—conferm—to + # - The ether tre projects shall either test different models of child support assurance or may test the same model if the-twe counties in which that-the same model is tested involve counties with different demographics. (b) The department may approve joint projects by two or more counties if both of the following apply: (1) The equity of access to the project and its related services is assured to all participants. (2) The project includes appropriate operational and fiscal arrangements between the counties submitting the Joint project. (c) It is the intent of the Legislature that the purpose of the demonstration projects authorized by this article is to test child support assurance models as alternatives to 99WOIDNAWNH © —17— AB 1233 welfare under which families with earnings and a child Support order receive a guaranteed child support payment, in lieu of a grant under the CalWORKs program, from funds continuously appropriated for the CalWORKs program. fe- (dq) A county may determine—limit the meximum number of 5 5 families that will be permitted to enroll in ‘its child support assurance demonstration program. SEC. 9. Section 18243 of the Welfare and Institutions Code is amended to read: 18243. The department shall develop _research designs to ensure thorough evaluations of the child Support assurance demonstration projects that shall include, but not be limited to, the impact of the project on work participation rates of custodial parents, household incomes and family well-being, CalWORKs Participation rates and costs, rates of paternity and child support order establishment, and any other relevant information the director may require. SEC. 10. Section 18244 of the Welfare and Institutions Code is amended to read: 18244. (a) A-—Nothing in this section shall be construed to require that a family shall be eligible to participate # jf i é i under this article only if, at the time of application to participate in the child assurance program, the family is receiving, or has been determined to be eligible to receive, an aid grant under Chapter 2 (commencing with Section 11200) of Part 3. (b) A family’s participation under this article shall not affect its eligibility to receive Medi-Cal and child care benefits under Chapter 2 (commencing with Section 11200) of Part 3, if otherwise eligible. SEC. 11. Section 18245 of the Welfare and Institutions Code is amended to read:© AB 1233 — 18— 18245. (a) A family shall be eligible to receive a child Support assurance payment on behalf of a child only if the child’s custodial parent has done all of the following: (1) Assigned the child’s right to collect child support to the state. (2) Established paternity, obtained a child support order, and is using the services available under the state plan approved under Part D (commencing with Section 651) of Chapter 7 of Title 42 of the United States Code. (3) Opted to. participate in the child assurance program in lieu of cash assistance under Chapter 2 (commencing with Section 11200) or its successor program. (b) ided—i p—as—As a condition of receiving a child support assurance payment under this article, a custodial parent shall also be required to do both of the following: (1) Continue to provide all other relevant information that the applicant has that may be requested by the county. By (2) Appear at_—srequired —interviews, _— conference hearings, or legal proceedings, if notified in advance and an illness or emergency does not prevent attendance. (c) A custodial parent shall not be required to comply with paragraph—G)—paragraphs (1) and (2) of subdivision (a) or with any of the provisions of subdivision (b) when compliance would make it more difficult for.a domestic violence victim to escape physical abuse or when cooperation would increase the risk of further violence or unfairly penalize the victim. (a) A custodial parent shall be deemed to have met the requirements of paragraphs (1) and (2) of subdivision (a), and to be eligible to receive child support assurance program benefits, if the parent has demonstrated, to the satisfaction of the county, a diligent effort to obtain a child support order, including providing the county with the 99COIDVAWNH © —19— AB 1233 information necessary to file a petition for child support, or he or she has been unable to obtain a child support order due to reasons outside the control of the custodial parent. (e) In order to be eligible under this article, a child shall meet all of the following conditions: (1) The child resides in the county. (2) The child has a noncustodial parent living in the United States, or if not living in the United States, is subject to service of process by a state or territory of the United States. . (3) The child is under 18 years of age or, if enrolled in high school, under 19 years of age. (4) The custodial parent is employed. However, participation shall not be conditioned upon the maintenance of a _ specific number of hours of employment. SEC. 12. Section 18246 of the Welfare and Institutions Code is repealed. 0SEC. 13. Section 18247 of the Welfare and Institutions Code is amended and renumbered to read: +8247— 18246. (a) The state share of child support assurance payments under this article shall be paid in accordance with Section 15200. (b) The department shall, to the extent possible, ensure that no funding streams will be utilized to pay for child support assurance payments if the use of the Sunding streams would cause participants to be subject to the limitations of Section 11454 or any similar limitation. (c) The county administrative cost for the operation of a child support assurance program shall be paid from the county’s allocation provided under Sections 15204.2 and 15204.3. SEC. 14. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and _ school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. 99© AMENDED IN ASSEMBLY JUNE 1, 1999 CALIFORNIA LEGISLATURE—1999-2000 REGULAR SESSION ASSEMBLY BILL No. 1233 Introduced by Assembly Member Aroner February 26, 1999 An act to amend Sections 11155, 14250,43203; 11450.019, oy 7 > 7 7 i ber—Seetion19247-of and | Seeti 11304 and 18246-0f 11451.5, and 18242 of the Welfare and Institutions Code, relating to human. services, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1233, as amended, Aroner. CalWORKs program. Existing law authorizes a recipient or applicant for aid under the CalWORKs program to retain certain income and resources without a reduction in eligibility for aid, and exempts from that calculation of income and resources for purposes of determining eligibility for aid under the CalWORKs program those countable resources in an amount equal to the amount permitted under federal law for qualification for food stamps, and. requires a county to determine the value of personal property and automobiles in conformance with methods established under the Food Stamp Program. This bill would exempt the-feH up to $7,500 of the equity value of one automobile from consideration as a resource for 98© AB 1233 —2— each household in determining eligibility for aid under the CalWORKs program. Under existing law, counties are responsible for the determination of eligibility of applicants and recipients of aid under the CalWORKs program and the food stamp programs. By revising the eligibility standards applicable to the exemption of the full value of an automobile from that determination, the bill would result in an increase in the number of persons eligible for aid, thereby resulting in an increase in county responsibilities in the administration of aid. The CalWORKs program is funded through a continuing appropriation, and, by increasing the level of funding due to the increase in the number of persons eligible for those benefits, this bill would result in an appropriation.—3— AB 1233 Existing law provides that, effective the first day of the month following 90 days after a change in federal law that allows states to reduce aid payments under the CalWORKs program without any risk to federal funding under the federal medicaid program, certain reductions in maximum aid payments 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 specified conditions, including the: condition that the individual is disabled and receiving benefits under the Supplemental Security Program or the In-Home Supportive Services Program. This bill would include within the scope of that exemption persons who are disabled and receiving benefits through state disability insurance benefits, private disability insurance benefits, temporary workers’ compensation benefits, and social security disability benefits. By limiting the reduction of aid payments under the CalWORKs program, this bill would result in an increase in the payments under the program that are funded through continuously appropriated funds, thereby resulting in an appropriation. By increasing the scope of eligible participation in the program, this bill would increase the responsibilities of the counties in implementing this program, thereby resulting in a _ state-mandated local pro; 98AB 1233 —4— Existing law exempts certain disability-based income from the calculation of income that shall be used to determine the amount of aid grant that shall be paid to a family under the CalWORKs program. This bill would revise the definition of disability-based uneamed income. By extending the limitation on the amount applied in calculating payments under the CalWORKs program, this bill would result in an increase in the payments under the program that are funded through continuously appropriated funds, thereby resulting in an appropriation. By increasing the scope of participation in the program, this bill would increase the responsibilities of the counties in implementing this program, thereby resulting in a state-mandated local program.—5— AB 1233 Existing law authorizes the State Department of Social Services to approve demonstration projects in up to 3 counties to test models of child support assurance, and specifies that one of the projects shall conform to a specified design, and provides for the funding of the projects from funds continuously appropriated for the CalWORKs program. This bill would authorize the approval of child support assurance demonstration projects in eny—eeunty up to 5 counties, and would eliminate the requirement that one of the projects conform to a specified design. To the extent this elimination of the limitation on the number of demonstration projects, this bill would result in an increase in funding through the use of funds continuously appropriated for the CalWORKs program, this bill would result in an increase in a continuing appropriation, thereby resulting in an appropriation. "Bat “ie —requnor—the—State— Depart F Boe 98The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines: that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: 7/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 11155 of the Welfare and 2 Institutions Code is amended to read: 3 11155. Notwithstanding the provisions of Section 4 11257, in addition to the personal property or resources 5 permitted by other provisions of this part, and to the 6 extent permitted by federal law, an applicant or recipient 7 for aid under this chapter, including an applicant or 98© AB 1233 —8— WOIDARKWN— recipient under Chapter 2 (commencing with Section 11200) may retain countable resources in an amount equal to the amount permitted under federal law for qualification for food stamps, except that the-fulltvalue up to seven thousand five hundred dollars ($7,500) of the equity value of one automobile shall be exempt from consideration as a resource for each household, The county shall determine the value of personal preperty98AB 1233 —10— 1 2 3 4 5 7 6 7 8 9 981 2 3 8 4 5 ¢ 6 7G 8 9sEc—5— Property. The department may annually adjust the value of the automobile. The county shall determine the value of personal property and automobiles in conformance with the numerical value limits under the Food Stamp Program, with the exception of the first vehicle for each family, and according to procedures established by the department. SEC. 2. Section 11450.019 of the Welfare and Institutions Code is amended to read: 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 Section 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 or as defined in paragraph (2) of subdivision (b) of Section 11451.5. (b) The individual is a nonparent caretaker who. is not included in the assistance unit with the child.© — 13— AB 1233 (c) The individual is disabled and is receiving State Disability Insurance benefits or Worker’s Compensation Temporary Disability benefits. SEC — SEC. 3. 8 Code is amended to read 11451.5. (a) Notwithstanding Section 11008, 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 percent of all d i of the Welfare and Institutions the-assistanee-unit: (b) For purposes of this section: (1) Earned income means gross income received as wages, salary, employer provided sick leave benefits, 98© AB 1233 —14— COIAHAWNHE 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 provided under, Title 2 of the Social Security Act (Subchapter 2 (commencing with Section 401) of Chapter 7 of Title 42 of the United State Code) that requires a determination of disability, and any publicly or privately provided benefit for which eligibility depends upon a determination of -disability made or accepted by the agency or entity administering the program. (3) Unearned income means any income not described in paragraph (1) or (2).1 2 3 1 5 6 7 8 9 SEC. 4. Section 18242 of the Welfare and Institutions Code is amended to read: 18242. (a) Upon application by a county board of supervisors, the department may approve demonstration projects in up to five counties to test models of child support assurance. The projects shall either test different models of child support assurance or may test the same model if counties in which the same model is tested involve counties with different demographics. (b) The department may approve joint projects by two or more counties if both of the following apply: 98© . AB 1233 —16— (1) The equity of access to the project and its related services is assured to all participants. (2) The project includes appropriate operational and fiscal arrangements between the counties submitting the joint project. (c) It is the intent of the Legislature that the purpose of th