AMENDED IN ASSEMBLY MAY 18, 2026

AMENDED IN ASSEMBLY MARCH 26, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Member Davies

February 9, 2026

An act to amend Section 11323.3 of the Welfare and Institutions Code, relating to CalWORKs.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law provides for state-subsidized childcare programs and childcare for recipients of benefits under the CalWORKs program and establishes 3 stages of childcare services managed by county welfare departments and agencies contracting with the State Department of Social Services.

Existing law requires an applicant for, or a recipient of, CalWORKs benefits to be provided written notice, both at the time of application and when they sign an original or amended welfare-to-work plan, informing them of, among other things, the availability of paid childcare to allow them to be employed or participate in welfare-to-work activities. Existing law requires an applicant for, or recipient of, CalWORKs benefits to be asked to sign a copy of the written notice acknowledging that they have been informed of and received the notice, as specified.

This bill would instead require an applicant for, or a recipient of, CalWORKs benefits to be provided written notice, and verbally informed, of the availability of paid childcare, as described above, at the time of application, approval, and when they sign an original or amended welfare-to-work plan, annual certificate of eligibility, or a semiannual report form. The bill would specify that a “written notice,” for purposes of these provisions, includes a CalWORKs childcare request form. The bill would require a county, upon receipt, to approve, deny, or request additional information to approve or deny, a CalWORKs childcare request form within 10 working Upon receipt of a CalWORKs childcare request form and eligibility information, the bill would require a county to approve or deny the request for childcare within 10 calendar days. The bill would require the department to implement these provisions through an all-county letter or similar instruction on or before June 1, 2027, until regulations are adopted. By imposing additional duties on counties, the bill would impose a state-mandated local program.

Existing law, commencing January 1, 2021, or the date that the Statewide Automated Welfare System can perform the necessary automation, whichever date is later, requires the written notice described above to additionally be provided to a 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.

This bill would extend that commencement date from January 1, 2021, to January 1, 2028.

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.

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 the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

Section 11323.3 of the Welfare and Institutions Code is amended to read:

11323.3.

(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, and verbally informed, of the availability of paid childcare, as provided in Section 11323.2, at the time of application, approval, and when they sign an original or amended welfare-to-work plan, annual certificate of eligibility as described in Section 11265, or a semiannual report form as described in Section 11265.1. 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.

(6) Rules regarding retroactive payments.

(c) A written notice, as described in subdivision (b), shall be provided to an applicant or recipient only if the applicant or recipient is not already approved for childcare, as provided in Section 11323.2.

(d) Commencing January 1, 2028, 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.

(e) 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).

(f) An applicant for, or recipient of, CalWORKs benefits shall be asked to sign a copy of the written notice described in subdivision (b) 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.

(g) 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 form described in subdivisions (b) and (e).

(h) Within 10 working days of Upon receipt of a CalWORKs childcare request form, form and eligibility information, a county shall approve the request for childcare, childcare or deny the request for childcare, or request outstanding information needed to approve or deny the request for childcare. childcare within 10 calendar days.

(i) 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.

(j) (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.

(k) For purposes of this section, “written notice” includes a CalWORKs childcare request form.

SEC. 2.

Notwithstanding 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 State Department of Social Services shall implement this act through an all-county letter or similar instruction on or before June 1, 2027, until regulations are adopted.

SEC. 3.

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.