BILL NUMBER: AB 1970	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong
   (Coauthors: Assembly Members Nava, Portantino, and Yamada)

                        FEBRUARY 17, 2010

   An act to add Section 12301.65 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1970, as introduced, Fong. In-home supportive services
providers: emergency shelter services.
   Existing law, the California Emergency Services Act, establishes
emergency services functions of the state, as specified. Existing
federal law also provides for the declaration of a federal state of
emergency, upon the request made by the Governor of an affected
state, for the purpose of receiving federal emergency assistance.
    Existing law provides for the In-Home Supportive Services (IHSS)
program, under which, either through employment by the recipient, by
or through contract by the county, by the creation of a public
authority, or pursuant to a contract with a nonprofit consortium,
qualified aged, blind, and disabled persons receive services enabling
them to remain in their own homes.
   Existing law permits services to be provided under the IHSS
program either through the employment of individual providers, a
contract between the county and an entity for the provision of
services, the creation by the county of a public authority, or a
contract between the county and a nonprofit consortium. The duties of
a public authority or nonprofit consortium include the provision of
assistance to recipients in finding in-home supportive services
personnel through the establishment of a provider registry.
   This bill would require the State Department of Social Services to
make IHSS provider registries available during a state or federally
declared state of emergency, upon the request of an emergency shelter
operator, for the assistance of seniors and persons with
disabilities at the shelter site. The bill would specify county and
public authority responsibilities in administering the bill.
   By imposing new duties or local officials, this bill would create
a state-mandated local program.
   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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12301.65 is added to the Welfare and
Institutions Code, to read:
   12301.65.  (a) The State Department of Social Services shall make
in-home supportive services provider registries available to
emergency shelter operators during a state of emergency declared
pursuant to state or federal law, as provided in this section.
   (b) Upon the request of an emergency shelter operator, an in-home
supportive services social worker shall assess the shelter to
determine the assistance needs of seniors and persons with
disabilities at the shelter site.
   (c) Following the assessment required under subdivision (b), the
department shall direct the public authority, or other entity
responsible for providing in-home supportive services in the county,
to identify individuals on its provider registry's list of short-term
and emergency workers, who are willing and available to provide
services pursuant to this section.
   (d) The timesheet for an in-home supportive services provider
approved by the county to provide services pursuant to this section
shall be processed by the authorizing county, which shall retain a
copy of the timesheet for submission to the federal government for
reimbursement from any federal funds as may be provided to the state
for emergency response. The county shall forward the original
timesheet to the state case management information and payroll system
for in-home supportive services.
  SEC. 2.  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.