Cal. WIC § 11323.3 — California Code / Code wic / Division 9 / Part 3 / Chapter 2 / Article 3.2 / Section 11323.3
Section 11323.3
Status: in_force

(a) An applicant for, or a recipient of, CalWORKs benefits shall be informed of the availability of childcare services upon enrollment in the CalWORKs program, and at later times when a participant expresses to the county a need for childcare. The county shall verify if childcare is needed to participate in a program activity, as defined in subdivision (c) of Section 11323.2, and, if needed, that childcare services are authorized and that the participant has secured appropriate childcare prior to requiring a participant to participate in any mandatory activity. Verification that childcare has been secured may be established by the participant, the childcare contractor, or the childcare provider.

(b) An applicant for, or a recipient of, CalWORKs benefits shall be provided written notice, both at the time of application and when they sign an original or amended welfare-to-work plan, of the availability of paid childcare as provided in Section 11323.2. The notice shall inform applicants and recipients of all of the following:

(1) Paid childcare is available to allow them to be employed or participate in welfare-to-work activities or program activities, as defined in Section 11323.2.

(2) The name and contact information for the local childcare resource and referral program.

(3) Assistance in finding and choosing a childcare provider is available.

(4) A recipient is required to inform the county welfare department of the recipient’s need for paid childcare as soon as that need arises.

(5) The recipient is required to request a childcare subsidy from the county within 30 days from the first day childcare services are received from each different provider, to be fully reimbursed for childcare services.

(c) Commencing January 1, 2021, or the date that the Statewide Automated Welfare System can perform the necessary automation to implement this subdivision, whichever date is later, the written notice described in subdivision (b) shall additionally be provided to the recipient at the time of orientation, when they are assigned to a program activity, when they report new or increased participation in a program activity, and when they report new earned income or employment.

(d) The written notice described in subdivision (b) shall be provided in compliance with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).

(e) An applicant for, or recipient of, CalWORKs benefits shall be asked to sign a copy of the written notice acknowledging that they have been informed of and received the notice. The signed notice shall be retained in the client’s file and a signed original or copy shall be given to the client.

(f) No payment shall be made for childcare services provided pursuant to Section 8351 of the Education Code more than 30 days prior to the recipient’s initial request for payment for the childcare service from that provider, when the recipient received the written notice described in subdivisions (b) and (d).

(g) The department shall work with counties and other stakeholders to do both of the following:

(1) Modify applicable CalWORKs notices and forms about childcare to include the information described in subdivision (b).

(2) Make the modified notices and forms available at times in addition to those specified in subdivision (b), such as at the time of orientation, when and where possible and appropriate.

(h) (1) The department shall develop regulations to implement this section.

(2) Notwithstanding paragraph (1) and the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement the amendments made to this section by the act that added this paragraph by all-county letter or similar directive until regulations are adopted.