Cal. WIC § 11454.5 — California Code / Code wic / Division 9 / Part 3 / Chapter 2 / Article 6 / Section 11454.5
Section 11454.5
Status: in_force

[Amended by Stats. 2022, Ch. 588, Sec. 7.   (AB 2300)   Effective January 1, 2023.   Conditionally inoperative on or after October 1, 2024, by its own provisions.   Repealed conditionally by its own provisions.   See later operative version, as amended by Sec. 230 of Stats. 2023, Ch. 131.]
(a) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) 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 (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), for any period during which the Cal-Learn Program is operative, is participating in another teen parent program approved by the department, or is a nonminor dependent under the supervision of the county welfare or probation department who is placed in an approved relative’s home and is eligible for aid under this section because the recipient satisfies the conditions described in Section 11403.

(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 childcare, 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 Title 1 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.

(6) The recipient received CalWORKs for any month between August 1, 2009, and January 1, 2015, and was either exempt from participation under paragraph (7) of subdivision (b) of Section 11320.3, or was exempt from participation and was not reengaged in accordance with subdivision (h) of Section 11320.3, as that section read on June 30, 2020.

(7) The recipient is exempt from participating in welfare-to-work activities because the recipient has primary responsibility for personally providing care to a child 24 months of age or younger, pursuant to clause (iv) of subparagraph (A) of paragraph (6) of subdivision (b) of Section 11320.3.

(b) 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.

(c) This section shall become inoperative on October 1, 2024, unless the changes made by Section 11454.5, as added by the act that added this subdivision, cannot be implemented without an update to the Statewide Automated Welfare Systems (SAWS), in which case, this section shall become inoperative on the date the department notifies the Legislature that SAWS can perform the necessary automation to implement Section 11454.5, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.

[Amended (as added by Stats. 2022, Ch. 588, Sec. 8) by Stats. 2023, Ch. 131, Sec. 230.   (AB 1754)   Effective January 1, 2024.]
(a) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) 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 (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), for any period during which the Cal-Learn Program is operative, is participating in another teen parent program approved by the department, or is a nonminor dependent under the supervision of the county welfare or probation department who is placed in an approved relative’s home and is eligible for aid under this section because the recipient satisfies the conditions described in Section 11403.

(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 childcare, 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 Title 1 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.

(6) The recipient received CalWORKs for any month between August 1, 2009, and January 1, 2015, and was either exempt from participation under paragraph (7) of subdivision (b) of Section 11320.3, or was exempt from participation and was not reengaged in accordance with subdivision (h) of Section 11320.3, as that section read on June 30, 2020.

(7) The recipient is exempt from participating in welfare-to-work activities because the recipient has primary responsibility for personally providing care to a child 24 months of age or younger, pursuant to clause (iv) of subparagraph (A) of paragraph (6) of subdivision (b) of Section 11320.3.

(8) The recipient is receiving Paid Family Leave benefits.

(b) 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.

(c) This section shall become operative on October 1, 2024, unless the changes made by the act that added this section cannot be implemented without an update to the Statewide Automated Welfare System (SAWS), in which case, this section shall become operative on the date that the department notifies the Legislature that SAWS has been updated to perform the necessary automation to implement this section.