New CalWORKs Work

Requirements

Legal Services of Northern California ©2004

ACL 04-41

2

Key Provisions of SB 1104 “Universal Engagement”

WTW plan w/in 90 days Elimination of 18-24 month

training time limit (12/1/04) Emphasis on work First 20 hours are “work”

3

End of Training Time Limit! Effective 12/1/04 All activities assigned based on

assessment, and can last the full 60 months

No more mandatory Community Service (post 18-24 months) People in mandatory CS must

continue assignment until sign a plan that meets the new requirements

People in unpaid work still have hours limited to minimum wage formula

WIC § 11454

4

New Concepts

“Core” Activities “Non-Core” Activities Convertible Activities

5

What Hasn’t Changed?

“Unless specifically mentioned in the ACL as being changed by SB 1104, existing CalWORKs WTW requirements remain in effect…” Gives examples: exemptions,

good cause determinations, etc. Sections that changed are

attached to ACL

6

When Will It Happen? Applicants

December 1, 2004 Recipients

Plan consistent w/ new law by 3/1/05 If existing plan already meets new

requirements, person continues in plan until the specified ending date

• New plan due w/in 30 days of finishing old plan– Exception: if person is post current 18-24 time

limit and in Community Service (gets new plan)

Phase in order/process set by county People in education can finish current

term

7

Universal Engagement All non-exempt adults must have

a WTW plan after assessment, but no more than 90 days from: the date of the NOA finding

eligibility for aid, or the date that the recipient is

required to participate in WTW This is no later than the first day of the

first month following the month in which the person must begin or resume participation

8

Tolling the 90 days Good Cause, Compliance, and/or

Cure process tolls 90 days to do new plan

If job search starts within 30 days after eligibility determined, the 90 days runs from the end of job search

Third Party Assessments, and Disability and LD evaluations don’t toll the 90 days

9

No Plan Required

Individuals working 32 or 35 hours per week in unsubsidized employment, before doing CalWORKs WTW assessment, are not required to sign a WTW plan This is current rule

May sign a plan if want further activities

10

Hours of Participation

Still 32-35 hours/week First 20 hours must be in

“core” activities Remaining 12-15 hours in core

or non-core, based on the assessment

W & I Code Section 11322.8(c)

11

Two-Parent Participation Both parents can contribute

to the 35-hour work requirement One parent must do a

minimum of 20 hours per week

May also split the 20-hour core WTW activities

12

“Core” Activities Work

Unsubsidized work; Subsidized private or public sector work; Work Experience or Community Service; OJT, Grant-Based OJT; Supported or Transitional work

Work-study Self-employment Vocational education and training Job search/job readiness

13

Vocational Education

Counts towards “Core” hours for 12 months 12 months is lifetime, but this

“clock” will start from the new plan Prior Voc. Ed. time won’t count

After 12 months, must be done in non-core hours But, see SIPs

14

SIPs

12 month limit on Voc Ed does not apply to SIPs

SIPs have the full 60 months to complete their program This additional time applies to

existing SIPs, even if in mandatory Community Service, on sanction, or current plan ends after 18-24 mos.

15

“Non-Core” Activities ABE* Job Skills Training (directly related

to employment)* Education (directly related to

employment)* Satisfactory progress in Secondary

School/GED certificate (not convertible) Mental Health, Substance Abuse,

and Domestic Violence services* “Other” activities (not convertible)

*Convertible

16

“Convertible” Activities Called “Exceptions” to non-core

hours in ACL Must be unable to do the activities

w/in the non-core hours (see slide 21)

Must be consistent with assessment All non-core are “convertible”except:

Secondary School programs “Other”Activities Non-credit homework time Voc Ed after 12 months

17

“Converting” Services

Mental Health, Substance Abuse and Domestic Violence Services are convertible if: Cannot be done w/in “non-

core” hours and Necessary for the individual to

participate in core activities

18

“Converting” Education Time Classroom, laboratory and

internship hours can be converted if: Cannot be done w/in “non-core”

hours and Meet the same program criteria used

for approving a SIP (see next slide)

Doesn’t apply to Secondary School programs, non-credit homework time, or “other” activities

19

“Other Activities”

Advocacy tip See if the “other” activities

were misclassified, and should actually be once of the convertible “non-core” training activities

20

Standards to Convert Educational Hours The county determines the

program leads to self-supporting work

Making satisfactory progress Certificate/degree program

Not a BA, unless for teaching credential

On the county list of programs leading to employment If not, must allow the person to show

will lead to work

21

Study Time Can be “convertible” hour if for

credit Supervised or unsupervised

Non-credit study time can never be converted to a core hour

Non-credit study time can be non-core activity if county allows as WTW activity But this will render all non-core non-

convertible (see next slide)

22

“Unable to Do in Non-core” State interprets this to mean

all non-core hours must be “convertible” before can any hours convert to core If any are not convertible, all are

not convertible To convert non-core, must

drop the non-convertible hours

23

Example No Conversion Sam was assessed as needing Voc

Ed and mental health services. He’s done his 12 months since the new rules went into effect. He needs one class more (5 hours/week) and 10 hours of Mental Health. Sam’s a single parent.

Sam cannot convert the MH hours because not all non-core are “convertible.”

24

Sam Can…. Volunteer to do 3 extra hours, if he wants

to do both 5 hours of voc ed and 10 hours of MH.

Cut 3 hours from either school or MH Do 10 hours of MH until he’s reduced

his need and can fit in Voc EdReminder: If Sam can’t do the 32 hours

and/or proves his MH condition qualifies for an exemption, he should be exempt.

25

Converting: One-parent Example The assessment provides for 8

hours of substance abuse and 10 hours of Education Leading to Employment. With a 32 hour requirement, only 12 of the necessary 18 hours of hours can be done as non-core. The remaining 6 hours can be counted toward the core requirement. This leaves 14 hours other core hours

26

Converting: Two-parent Example The assessment for the

participating parent is 20 hours in job skills training. The program meets the four criteria for conversion. 15 of the 20 hours are non-core; the remaining five hours count toward the core requirement. The parent has 15 hours in other core

activities to do Cannot “convert” Voc.Ed. if past 12

months