New CalWORKs Work Requirements Legal Services of Northern California ©2004 ACL 04-41

2 Key Provisions of SB 1104 u “Universal Engagement” s WTW plan w/in 90 days u Elimination of month training time limit (12/1/04) u Emphasis on work u First 20 hours are “work”

3 End of Training Time Limit! u Effective 12/1/04 u All activities assigned based on assessment, and can last the full 60 months u No more mandatory Community Service (post months) s People in mandatory CS must continue assignment until sign a plan that meets the new requirements s People in unpaid work still have hours limited to minimum wage formula WIC § 11454

4 New Concepts u “Core” Activities u “Non-Core” Activities u Convertible Activities

5 What Hasn’t Changed? u “Unless specifically mentioned in the ACL as being changed by SB 1104, existing CalWORKs WTW requirements remain in effect…” s Gives examples: exemptions, good cause determinations, etc. s Sections that changed are attached to ACL

6 When Will It Happen? u Applicants s December 1, 2004 u Recipients s 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 time limit and in Community Service (gets new plan) s Phase in order/process set by county s People in education can finish current term

7 Universal Engagement u All non-exempt adults must have a WTW plan after assessment, but no more than 90 days from: s the date of the NOA finding eligibility for aid, or s 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 u Good Cause, Compliance, and/or Cure process tolls 90 days to do new plan u If job search starts within 30 days after eligibility determined, the 90 days runs from the end of job search u Third Party Assessments, and Disability and LD evaluations don’t toll the 90 days

9 No Plan Required u Individuals working 32 or 35 hours per week in unsubsidized employment, before doing CalWORKs WTW assessment, are not required to sign a WTW plan s This is current rule  May sign a plan if want further activities

10 Hours of Participation u Still hours/week u First 20 hours must be in “core” activities s Remaining hours in core or non-core, based on the assessment W & I Code Section (c)

11 Two-Parent Participation u Both parents can contribute to the 35-hour work requirement s One parent must do a minimum of 20 hours per week u May also split the 20-hour core WTW activities

12 “Core” Activities u Work s Unsubsidized work; Subsidized private or public sector work; Work Experience or Community Service; OJT, Grant- Based OJT; Supported or Transitional work u Work-study u Self-employment u Vocational education and training u Job search/job readiness

13 Vocational Education u Counts towards “Core” hours for 12 months s 12 months is lifetime, but this “clock” will start from the new plan  Prior Voc. Ed. time won’t count u After 12 months, must be done in non-core hours s But, see SIPs

14 SIPs u 12 month limit on Voc Ed does not apply to SIPs u SIPs have the full 60 months to complete their program s This additional time applies to existing SIPs, even if in mandatory Community Service, on sanction, or current plan ends after mos.

15 “Non-Core” Activities u ABE* u Job Skills Training (directly related to employment)* u Education (directly related to employment)* u Satisfactory progress in Secondary School/GED certificate (not convertible) u Mental Health, Substance Abuse, and Domestic Violence services* u “Other” activities (not convertible) *Convertible

16 “Convertible” Activities u Called “Exceptions” to non-core hours in ACL u Must be unable to do the activities w/in the non-core hours (see slide 21) u Must be consistent with assessment u All non-core are “convertible” except: s Secondary School programs s “Other”Activities s Non-credit homework time s Voc Ed after 12 months

17 “Converting” Services u Mental Health, Substance Abuse and Domestic Violence Services are convertible if: s Cannot be done w/in “non-core” hours and s Necessary for the individual to participate in core activities

18 “Converting” Education Time u Classroom, laboratory and internship hours can be converted if : s Cannot be done w/in “non-core” hours and s Meet the same program criteria used for approving a SIP (see next slide) u Doesn’t apply to Secondary School programs, non-credit homework time, or “other” activities

19 “Other Activities” Advocacy tip u 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 u The county determines the program leads to self-supporting work u Making satisfactory progress u Certificate/degree program s Not a BA, unless for teaching credential u On the county list of programs leading to employment s If not, must allow the person to show will lead to work

21 Study Time u Can be “convertible” hour if for credit s Supervised or unsupervised u Non-credit study time can never be converted to a core hour u Non-credit study time can be non- core activity if county allows as WTW activity s But this will render all non-core non- convertible (see next slide)

22 “ Unable to Do in Non-core ” u State interprets this to mean all non-core hours must be “convertible” before can any hours convert to core s If any are not convertible, all are not convertible s To convert non-core, must drop the non-convertible hours

23 Example No Conversion u 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. u Sam cannot convert the MH hours because not all non-core are “convertible.”

24 Sam Can…. uVolunteer to do 3 extra hours, if he wants to do both 5 hours of voc ed and 10 hours of MH. u Cut 3 hours from either school or MH u Do 10 hours of MH until he’s reduced his need and can fit in Voc Ed Reminder: 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 u 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. s This leaves 14 hours other core hours

26 Converting: Two-parent Example u 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. s The parent has 15 hours in other core activities to do s Cannot “convert” Voc.Ed. if past 12 months