§ 11327.5
881 words·~4 min read·
/ca/welfare-and-institutions-code/11327-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Sanctions shall be imposed in accordance with subdivision
(b)or (c), as appropriate, if an individual has failed or refused to comply with program requirements without good cause and conciliation efforts, as described in Section 11327.4, have failed.
(1)The sanctions provided for in subdivisions
(c)and
(d)shall not apply to an individual who is exempt from the requirements of this article but is voluntarily participating in the program. If that individual engages in conduct that would bring about the actions provided for in subdivisions
(c)and (d), except for their status as a voluntary program participant, the individual shall not be given priority so long as other individuals are actively seeking to participate.
(2)Within the first 90 days after an individual is determined eligible for aid, the sanctions provided for in subdivisions
(c)and
(d)shall not apply.
(c)Financial sanctions for failing or refusing to comply with program requirements without good cause shall cause a reduction in the family’s grant by removing the noncomplying family member from the assistance unit for a period of time specified in subdivision (d).
(1)For families that qualify for aid due to unemployment of the family’s primary wage earner, the sanctioned parent shall be removed from the assistance unit. Unless the spouse or the family’s second parent meets the provisions of subparagraph
(A)of paragraph (2), if the sanctioned parent’s spouse or the family’s second parent is not participating in the program, both the sanctioned parent and the spouse or second parent shall be removed from the assistance unit. The county shall notify the spouse of the noncomplying participant or second parent in writing at the commencement of conciliation of their own opportunity to participate and the impact on sanctions of that participation.
(A)Except as provided in subparagraph (B), exemption criteria specified in Section 11320.3, conciliation specified in Section 11327.4, and good cause criteria specified in Section 11320.31 and subdivision
(f)of Section 11320.3 shall apply to the sanctioned parent’s spouse or the family’s second parent.
(B)Exemption criteria specified in paragraphs
(5)and
(6)of subdivision
(b)of Section 11320.3 do not apply to a spouse or second parent who is participating to avoid the sanction of the noncomplying parent.
(C)If the sanctioned parent’s spouse or the family’s second parent chooses to participate to avoid the noncomplying parent’s sanction, subsequently fails or refuses to participate without good cause, and does not conciliate, they shall be removed from the assistance unit for a period of time specified in subdivision (d).
(D)If the sanctioned parent’s spouse or the family’s second parent is under their own sanction at the time of the first parent’s sanction, the spouse or second parent shall not be provided the opportunity to avoid the first parent’s sanction until the spouse or second parent’s sanction is completed.
(3)For families that qualify due to the absence or incapacity of a parent, only the noncomplying parent shall be removed from the assistance unit.
(4)If the noncomplying individual is the only dependent child in the family, their needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.
(5)If the noncomplying individual is one of several dependent children in the family, their needs shall not be taken into account in determining the family’s need for assistance and the amount of the assistance payment.
(1)An instance of noncompliance without good cause shall result in a financial sanction. This sanction shall terminate at any point if the noncomplying participant indicates to the county verbally or in writing that they want to cure their sanction and that they want to begin participating in welfare-to-work activities, or at any point the county verifies or otherwise discovers that, based on the most recent documentation available, the individual is or has been meeting the federally required minimum average number of hours per week of welfare-to-work participation as set forth in Section 607 of Title 42 of the United States Code. If the participant wants to change their assigned activities, the county and the participant shall agree verbally or in writing to a new or amended welfare-to-work plan.
(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 department may implement and administer the changes made to this subdivision by the act that added this paragraph, through all-county letters or similar instruction that shall have the same force and effect as regulations until regulations are adopted.
(e)Sanctions shall become effective on the first day of the first payment-month that the sanctioned individual’s needs are removed from aid under this chapter.
(f)In the event this section conflicts with federal law, the department shall adopt regulations to conform to federal law.
(g)The changes made to this section by the act that added this subdivision shall become operative on July 1, 2026, or, if automation is necessary, the later of July 1, 2026, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the changes made to this section by the act that added this subdivision.