Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 74


Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla,begin insert Campos,end insert Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian,begin delete Rendon,end deletebegin insert Skinner,end insert Stone, and Ting)

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn act to amend Section 110032 of, and to add Section 110034.5 to, the Government Code, to amend Sections 1522, 1530.8, 1562, and 1596.871 of the Health and Safety Code, to amend Sections 319.2, 361.2, 626, 727, 11265.1, 11265.2, 11265.3, 11322.63, 11323.25, 11325.5, 11450, 11450.12, 11450.13, 11462.04, 16519.5, 18901.2, 18906.55, and 18910 of, to amend, repeal, and add Sections 11155, 11265, 11265.4, 11320.1, 11322.85, 11325.2, 11325.21, and 11325.22 of, and to add Sections 319.3, 11322.64, 11325.24, and 16010.8 the Welfare and Institutions Code, and to amend Section 72 of Chapter 32 of the Statutes of 2011, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 74, as amended, Committee on Budget. begin deleteBudget Act of 2013. end deletebegin insertHuman services.end insert

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(1) Existing law, the In-Home Supportive Services Employer-Employee Relations Act, provides the method of resolving disputes regarding wages, benefits, and other terms and conditions of employment, as defined, between the California In-Home Supportive Services Authority (Statewide Authority) for in-home supportive services and recognized employee organizations. Existing law, if an agreement is not reached, authorizes the Statewide Authority to declare an impasse and implement its last, best, and final offer after the applicable mediation procedure has been exhausted, fact finding has been completed and made public, and no resolution has been reached by the parties.

end insert
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This bill would, in those circumstances, authorize the Statewide Authority to implement any or all of its last, best, and final offer after declaring an impasse and would require that any proposal in the Statewide Authority’s last, best, and final offer be presented to the Legislature for approval if it would conflict with existing statutes or require the expenditure of funds.

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(2) The Ralph M. Brown Act and the Bagley-Keene Open Meeting Act each require, with specified exceptions, that all meetings of a local or state body be open and public and all persons be permitted to attend.

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This bill would exempt certain collective bargaining activities, meetings, and investigations involving the Statewide Authority from those public meeting requirements.

end insert
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(3) Existing law requires the State Department of Social Services, before issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and specified other persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee through the 2012-13 fiscal year.

end insert
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This bill would extend through the 2014-15 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

end insert
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(4) Existing law provides for the removal of children who are unable to remain in the custody and care of their parent or parents. Existing law provides that when a child under the 6 years of age is not released from the custody of the court, the child may be placed in a community care facility licensed as a group home for children or in a temporary shelter care facility only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. Existing law limits this placement period to 60 days, except if the supervisor of the caseworker’s supervisor makes certain findings in the child’s case plan.

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This bill would instead require the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department to make findings that would authorize the extension of the 60-day placement limitation. The bill would impose certain requirements relating to placements that extend beyond 120 days. The bill also would enact substantially similar provisions for a dependent child 6 to 12 years of age, inclusive, and would require the State Department of Social Services to adopt regulations to implement these provisions, if the department determines that regulations are necessary. By increasing the duties of county welfare and probation departments, this bill would impose a state-mandated local program.

end insert
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This bill would state the Legislature’s intent that no child or youth in foster care reside in group care for longer than one year, and would require the State Department of Social Services to provide updates to the Legislature, commencing no later than January 1, 2014, regarding the outcomes of assessments of children and youth who have been in group homes for longer than one year.

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This bill would make conforming and clarifying changes relating to these provisions.

end insert
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(5) Existing law provides for the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, foster care providers licensed as group homes have rates established by classifying each group home program and applying a standardized schedule of rates. Existing law prohibits the establishment of a new group home rate or change to an existing rate under the AFDC-FC program, except for exemptions granted by the department on a case-by-case basis. Existing law also limits, for the 2012-13 fiscal year, exceptions for any program with a rate classification level below 10 to exceptions associated with a program change.

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This bill would extend that limitation to the 2013-14 fiscal year.

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(6) Existing law requires the State Department of Social Services to establish and administer the California Child and Family Service Review System to review all county child welfare systems, including child protective services, foster care, adoption, family preservation, family support, and independent living. Existing law requires the department to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Existing law implements this program for 3 years, commencing January 1, 2013, in 5 early implementation counties, also referred to as pilot project counties, and then throughout the state.

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This bill would delete references to pilot project counties in those provisions and would refer instead to early implementation counties.

end insert
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(7) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires each county to pay 30% of the nonfederal share of costs of administering the CalFresh program. Existing law also requires counties to expend an amount for programs that provide services to needy families that, when combined with the funds expended above for the administration of the CalFresh program, equals or exceeds the amount spent by the county for corresponding activities during the 1996-97 fiscal year.

end insert
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Existing law provides that any county that equals or exceeds the amount spent by the county for corresponding activities during the 1996-97 fiscal year entirely through expenditures for the administration of the CalFresh program in the 2010-11, 2011-12, and 2012-13 fiscal years shall receive the full state General Fund allocation for the administration of the CalFresh program without paying the county’s share of the nonfederal costs for the amount above the 1996-97 expenditure requirement.

end insert
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This bill would extend counties’ eligibility to receive the full allocation for CalFresh administration under the above circumstances to the 2013-14 fiscal year.

end insert
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(8) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds.

end insert
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Existing law imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for public aid, including under the CalWORKs program, including specifying the allowable value of a licensed vehicle retained by an applicant for, or recipient of, that aid.

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This bill would revise, as of January 1, 2014, provisions relating to the allowable value of a licensed vehicle by, among other things, requiring that for each licensed vehicle with an equity value of more than $9,500, the equity value that exceeds $9,500 be attributed toward the family’s resource level.

end insert
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Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits. Existing law additionally requires the county to redetermine recipient eligibility and grant amounts on a semiannual basis, using prospective budgeting, and to prospectively determine the grant amount that a recipient is entitled to receive for each month of the semiannual reporting period. Under existing law, the CalWORKs semiannual reporting system is also implemented by the State Department of Social Services in administering CalFresh.

end insert
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This bill would revise the timeframes for mailing out and receipt of the certificate of eligibility required for the annual redetermination, as specified. The bill would require counties to use information reported on the semiannual report form or the annual certificate of eligibility to prospectively determine eligibility and the grant amount for each semiannual reporting period. The bill would make various related conforming changes, including revising provisions relating to the semiannual redetermination of eligibility and grant amounts. The bill would authorize counties to adopt staggered semiannual reporting requirements, as specified.

end insert
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(9) Under existing law, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities. Existing law requires recipients who are not exempt to participate in job search and job club.

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This bill, commencing January 1, 2014, would revise the procedures relating to an applicant’s job search participation by requiring an applicant, after receiving an orientation and appraisal, to participate in job search and job club, family stabilization pursuant to specified procedures as established by the bill, or substance abuse, mental health, or domestic violence services, unless the county determines that the participant should first receive a specified assessment. With respect to the family services component, the bill would authorize a recipient to participate if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services.

end insert
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Existing law authorizes counties to implement a welfare-to-work plan that includes subsidized private sector and public sector employment.

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This bill would require the State Department of Social Services, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute additional funding for expanded subsidized employment programs for CalWORKs recipients. The bill would require counties that accept additional funding pursuant to these provisions to continue to expend no less than the aggregate amount of county funds that the county expended for public and private sector subsidized employment in the 2012-13 fiscal year.

end insert
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(10) Existing law requires the Department of Community Services and Development to receive and administer the federal Low-Income Home Energy Assistance Program (LIHEAP) block grant. Under existing law, to the extent permitted by federal law, the State Department of Social Services, in conjunction with the Department of Community Services and Development, is required to design, implement, and maintain a utility assistance initiative to provide applicants and recipients of CalFresh benefits a nominal LIHEAP service benefit, as specified, out of the federal LIHEAP block grant. Existing law provides that, to the extent permitted by federal law, a CalFresh household receiving or anticipating receipt of a nominal LIHEAP service benefit is entitled to use the full standard utility allowance (SUA) for purposes of calculating CalFresh benefits.

end insert
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This bill would, if the demand for the nominal LIHEAP service benefit exceeds allocated funding, require both departments to report that information to the Legislature and develop a plan to maintain the program as intended. The bill would require the State Department of Social Services to ensure that the receipt of the nominal LIHEAP service benefit does not adversely affect a CalFresh household’s eligibility or reduce the household’s CalFresh benefits. The bill would provide that if use of the full SUA, rather than the homeless shelter deduction, results in a lower amount of CalFresh benefits for a homeless household, the homeless household would be entitled to use the homeless shelter deduction. To the extent that the bill would expand eligibility for CalWORKs and CalFresh benefits, it would impose a state-mandated local program.

end insert
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(11) Existing law requires the State Department of Social Services, in consultation with designated stakeholders in the In-Home Supportive Services Program, to develop a new ratesetting methodology for public authority administrative costs, to go into effect commencing with the 2013-14 fiscal year.

end insert
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This bill would delete the requirement that this new ratesetting methodology take effect in the 2013-14 fiscal year.

end insert
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This bill would authorize the State Department of Social Services to implement certain of its provisions by all-county letters or similar instructions, pending the adoption of emergency regulations by July 1, 2015.

end insert
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(12) 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.

end insert
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(13) The Budget Acts of 2011 and 2012 make various appropriations to the State Department of Social Services.

end insert
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This bill would reappropriate the balance of specified appropriations made in those prior Budget Acts to the State Department of Social Services for the purposes provided for in those appropriations, to be available for encumbrance and expenditure until June 30, 2014, thereby making an appropriation.

end insert
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(14) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P7    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 110032 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

P8    1

110032.  

After the applicable mediation procedure has been
2exhausted,begin delete factfindingend deletebegin insert fact findingend insert has been completed and made
3public, and no resolution has been reached by the parties, the
4Statewide Authority may declare an impasse and implementbegin insert any
5or all ofend insert
its last, best, and final offer.begin insert Any proposal in the Statewide
6Authority’s last, best, and final offer that, if implemented, would
7conflict with existing statutes or require the expenditure of funds
8shall be presented to the Legislature for approval.end insert
The unilateral
9implementation of the Statewide Authority’s last, best, and final
10offer shall not deprive a recognized employee organization of the
11right each year to meet and confer on matters within the scope of
12representation, whether or not those matters are included in the
13unilateral implementation, prior to the adoption of the annual
14budget or as otherwise required by law.

15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 110034.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
16to read:end insert

begin insert
17

begin insert110034.5.end insert  

All of the following proceedings are exempt from
18the Bagley-Keene Open Meeting Act (Article 9 (commencing with
19Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) and
20the Ralph M. Brown Act (Chapter 9 (commencing with Section
2154950) of Part 1 of Division 2 of Title 5), unless the parties agree
22otherwise:

23(a) Any meeting, negotiation, or discussion between the
24Statewide Authority or its designated representative and a
25recognized or certified employee organization.

26(b) Any meeting of a mediator with either party or both parties
27to the meeting and negotiation process described in subdivision
28(a).

29(c) Any hearing, meeting, or investigation conducted by a
30factfinder or arbitrator in connection with the activities described
31in subdivision (a).

32(d) Any executive session of the Statewide Authority or between
33the Statewide Authority and its designated representative,
34including, but not limited to, the Department of Human Resources,
35for the purpose of discussing its position regarding any matter
36within the scope of representation and its designated
37representatives.

end insert
38begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1522 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
39to read:end insert

P9    1

1522.  

The Legislature recognizes the need to generate timely
2and accurate positive fingerprint identification of applicants as a
3condition of issuing licenses, permits, or certificates of approval
4for persons to operate or provide direct care services in a
5community care facility, foster family home, or a certified family
6home of a licensed foster family agency. Therefore, the Legislature
7supports the use of the fingerprint live-scan technology, as
8identified in the long-range plan of the Department of Justice for
9fully automating the processing of fingerprints and other data by
10the year 1999, otherwise known as the California Crime
11Information Intelligence System (CAL-CII), to be used for
12applicant fingerprints. It is the intent of the Legislature in enacting
13this section to require the fingerprints of those individuals whose
14contact with community care clients may pose a risk to the clients’
15health and safety. An individual shall be required to obtain either
16a criminal record clearance or a criminal record exemption from
17the State Department of Social Services before his or her initial
18presence in a community care facility.

19(a) (1) Before issuing a license or special permit to any person
20or persons to operate or manage a community care facility, the
21State Department of Social Services shall secure from an
22appropriate law enforcement agency a criminal record to determine
23whether the applicant or any other person specified in subdivision
24(b) has ever been convicted of a crime other than a minor traffic
25violation or arrested for any crime specified in Section 290 of the
26Penal Code, for violating Section 245 or 273.5, of the Penal Code,
27subdivision (b) of Section 273a of the Penal Code, or, prior to
28January 1, 1994, paragraph (2) of Section 273a of the Penal Code,
29or for any crime for which the department cannot grant an
30exemption if the person was convicted and the person has not been
31exonerated.

32(2) The criminal history information shall include the full
33criminal record, if any, of those persons, and subsequent arrest
34information pursuant to Section 11105.2 of the Penal Code.

35(3) Except during the 2003-04 to thebegin delete 2012-13end deletebegin insert 2014-15end insert fiscal
36years, inclusive, neither the Department of Justice nor the State
37Department of Social Services may charge a fee for the
38fingerprinting of an applicant for a license or special permit to
39operate a facility providing nonmedical board, room, and care for
P10   1six or less children or for obtaining a criminal record of the
2applicant pursuant to this section.

3(4) The following shall apply to the criminal record information:

4(A) If the State Department of Social Services finds that the
5applicant, or any other person specified in subdivision (b), has
6been convicted of a crime other than a minor traffic violation, the
7application shall be denied, unless the director grants an exemption
8pursuant to subdivision (g).

9(B) If the State Department of Social Services finds that the
10applicant, or any other person specified in subdivision (b) is
11awaiting trial for a crime other than a minor traffic violation, the
12State Department of Social Services may cease processing the
13application until the conclusion of the trial.

14(C) If no criminal record information has been recorded, the
15Department of Justice shall provide the applicant and the State
16Department of Social Services with a statement of that fact.

17(D) If the State Department of Social Services finds after
18licensure that the licensee, or any other person specified in
19paragraph (1) of subdivision (b), has been convicted of a crime
20other than a minor traffic violation, the license may be revoked,
21unless the director grants an exemption pursuant to subdivision
22(g).

23(E) An applicant and any other person specified in subdivision
24(b) shall submit fingerprint images and related information to the
25Department of Justice for the purpose of searching the criminal
26records of the Federal Bureau of Investigation, in addition to the
27criminal records search required by this subdivision. If an applicant
28and all other persons described in subdivision (b) meet all of the
29conditions for licensure, except receipt of the Federal Bureau of
30Investigation’s criminal offender record information search
31response for the applicant or any of the persons described in
32subdivision (b), the department may issue a license if the applicant
33and each person described in subdivision (b) has signed and
34submitted a statement that he or she has never been convicted of
35a crime in the United States, other than a traffic infraction, as
36prescribed in paragraph (1) of subdivision (a) of Section 42001 of
37the Vehicle Code. If, after licensure, the department determines
38that the licensee or any other person specified in subdivision (b)
39has a criminal record, the license may be revoked pursuant to
P11   1Section 1550. The department may also suspend the license
2pending an administrative hearing pursuant to Section 1550.5.

3(F) The State Department of Social Services shall develop
4procedures to provide the individual’s state and federal criminal
5history information with the written notification of his or her
6exemption denial or revocation based on the criminal record.
7Receipt of the criminal history information shall be optional on
8the part of the individual, as set forth in the agency’s procedures.
9The procedure shall protect the confidentiality and privacy of the
10individual’s record, and the criminal history information shall not
11be made available to the employer.

12(G) Notwithstanding any other law, the department is authorized
13to provide an individual with a copy of his or her state or federal
14level criminal offender record information search response as
15provided to that department by the Department of Justice if the
16department has denied a criminal background clearance based on
17this information and the individual makes a written request to the
18department for a copy specifying an address to which it is to be
19sent. The state or federal level criminal offender record information
20search response shall not be modified or altered from its form or
21content as provided by the Department of Justice and shall be
22provided to the address specified by the individual in his or her
23written request. The department shall retain a copy of the
24individual’s written request and the response and date provided.

25(b) (1) In addition to the applicant, this section shall be
26applicable to criminal convictions of the following persons:

27(A) Adults responsible for administration or direct supervision
28of staff.

29(B) Any person, other than a client, residing in the facility.

30(C) Any person who provides client assistance in dressing,
31grooming, bathing, or personal hygiene. Any nurse assistant or
32home health aide meeting the requirements of Section 1338.5 or
331736.6, respectively, who is not employed, retained, or contracted
34by the licensee, and who has been certified or recertified on or
35after July 1, 1998, shall be deemed to meet the criminal record
36clearance requirements of this section. A certified nurse assistant
37and certified home health aide who will be providing client
38assistance and who falls under this exemption shall provide one
39copy of his or her current certification, prior to providing care, to
40the community care facility. The facility shall maintain the copy
P12   1of the certification on file as long as care is being provided by the
2certified nurse assistant or certified home health aide at the facility.
3Nothing in this paragraph restricts the right of the department to
4exclude a certified nurse assistant or certified home health aide
5from a licensed community care facility pursuant to Section 1558.

6(D) Any staff person, volunteer, or employee who has contact
7with the clients.

8(E) If the applicant is a firm, partnership, association, or
9corporation, the chief executive officer or other person serving in
10like capacity.

11(F) Additional officers of the governing body of the applicant,
12or other persons with a financial interest in the applicant, as
13determined necessary by the department by regulation. The criteria
14used in the development of these regulations shall be based on the
15person’s capability to exercise substantial influence over the
16operation of the facility.

17(2) The following persons are exempt from the requirements
18applicable under paragraph (1):

19(A) A medical professional as defined in department regulations
20who holds a valid license or certification from the person’s
21governing California medical care regulatory entity and who is
22not employed, retained, or contracted by the licensee if all of the
23following apply:

24(i) The criminal record of the person has been cleared as a
25condition of licensure or certification by the person’s governing
26California medical care regulatory entity.

27(ii) The person is providing time-limited specialized clinical
28care or services.

29(iii) The person is providing care or services within the person’s
30scope of practice.

31(iv) The person is not a community care facility licensee or an
32employee of the facility.

33(B) A third-party repair person or similar retained contractor if
34all of the following apply:

35(i) The person is hired for a defined, time-limited job.

36(ii) The person is not left alone with clients.

37(iii) When clients are present in the room in which the repair
38person or contractor is working, a staff person who has a criminal
39record clearance or exemption is also present.

P13   1(C) Employees of a licensed home health agency and other
2members of licensed hospice interdisciplinary teams who have a
3contract with a client or resident of the facility and are in the
4facility at the request of that client or resident’s legal
5decisionmaker. The exemption does not apply to a person who is
6a community care facility licensee or an employee of the facility.

7(D) Clergy and other spiritual caregivers who are performing
8services in common areas of the community care facility or who
9are advising an individual client at the request of, or with the
10permission of, the client or legal decisionmaker, are exempt from
11fingerprint and criminal background check requirements imposed
12by community care licensing. This exemption does not apply to a
13person who is a community care licensee or employee of the
14facility.

15(E) Members of fraternal, service, or similar organizations who
16conduct group activities for clients if all of the following apply:

17(i) Members are not left alone with clients.

18(ii) Members do not transport clients off the facility premises.

19(iii) The same organization does not conduct group activities
20for clients more often than defined by the department’s regulations.

21(3) In addition to the exemptions in paragraph (2), the following
22persons in foster family homes, certified family homes, and small
23family homes are exempt from the requirements applicable under
24paragraph (1):

25(A) Adult friends and family of the licensed or certified foster
26parent, who come into the home to visit for a length of time no
27longer than defined by the department in regulations, provided
28 that the adult friends and family of the licensee are not left alone
29with the foster children. However, the licensee, acting as a
30reasonable and prudent parent, as defined in paragraph (2) of
31subdivision (a) of Section 362.04 of the Welfare and Institutions
32Code, may allow his or her adult friends and family to provide
33short-term care to the foster child and act as an appropriate
34occasional short-term babysitter for the child.

35(B) Parents of a foster child’s friend when the foster child is
36visiting the friend’s home and the friend, licensed or certified foster
37parent, or both are also present. However, the licensee, acting as
38a reasonable and prudent parent, may allow the parent of the foster
39child’s friend to act as an appropriate short-term babysitter for the
40child without the friend being present.

P14   1(C) Individuals who are engaged by any licensed or certified
2foster parent to provide short-term care to the child for periods not
3to exceed 24 hours. Caregivers shall use a reasonable and prudent
4parent standard in selecting appropriate individuals to act as
5appropriate occasional short-term babysitters.

6(4) In addition to the exemptions specified in paragraph (2), the
7following persons in adult day care and adult day support centers
8are exempt from the requirements applicable under paragraph (1):

9(A) Unless contraindicated by the client’s individualized
10program plan (IPP) or needs and service plan, a spouse, significant
11other, relative, or close friend of a client, or an attendant or a
12facilitator for a client with a developmental disability if the
13attendant or facilitator is not employed, retained, or contracted by
14the licensee. This exemption applies only if the person is visiting
15the client or providing direct care and supervision to the client.

16(B) A volunteer if all of the following applies:

17(i) The volunteer is supervised by the licensee or a facility
18employee with a criminal record clearance or exemption.

19(ii) The volunteer is never left alone with clients.

20(iii) The volunteer does not provide any client assistance with
21dressing, grooming, bathing, or personal hygiene other than
22washing of hands.

23(5) (A) In addition to the exemptions specified in paragraph
24(2), the following persons in adult residential and social
25rehabilitation facilities, unless contraindicated by the client’s
26individualized program plan (IPP) or needs and services plan, are
27exempt from the requirements applicable under paragraph (1): a
28 spouse, significant other, relative, or close friend of a client, or an
29attendant or a facilitator for a client with a developmental disability
30if the attendant or facilitator is not employed, retained, or
31contracted by the licensee. This exemption applies only if the
32person is visiting the client or providing direct care and supervision
33to that client.

34(B) Nothing in this subdivision shall prevent a licensee from
35requiring a criminal record clearance of any individual exempt
36from the requirements of this section, provided that the individual
37has client contact.

38(6) Any person similar to those described in this subdivision,
39as defined by the department in regulations.

P15   1(c) (1) Subsequent to initial licensure, a person specified in
2subdivision (b) who is not exempted from fingerprinting shall
3 obtain either a criminal record clearance or an exemption from
4disqualification pursuant to subdivision (g) from the State
5Department of Social Services prior to employment, residence, or
6initial presence in the facility. A person specified in subdivision
7(b) who is not exempt from fingerprinting shall be fingerprinted
8and shall sign a declaration under penalty of perjury regarding any
9prior criminal convictions. The licensee shall submit fingerprint
10images and related information to the Department of Justice and
11the Federal Bureau of Investigation, through the Department of
12Justice, for a state and federal level criminal offender record
13information search, or comply with paragraph (1) of subdivision
14(h). These fingerprint images and related information shall be sent
15by electronic transmission in a manner approved by the State
16Department of Social Services and the Department of Justice for
17the purpose of obtaining a permanent set of fingerprints, and shall
18be submitted to the Department of Justice by the licensee. A
19licensee’s failure to prohibit the employment, residence, or initial
20presence of a person specified in subdivision (b) who is not exempt
21from fingerprinting and who has not received either a criminal
22record clearance or an exemption from disqualification pursuant
23to subdivision (g) or to comply with paragraph (1) of subdivision
24(h), as required in this section, shall result in the citation of a
25deficiency and the immediate assessment of civil penalties in the
26amount of one hundred dollars ($100) per violation per day for a
27maximum of five days, unless the violation is a second or
28subsequent violation within a 12-month period in which case the
29civil penalties shall be in the amount of one hundred dollars ($100)
30per violation for a maximum of 30 days, and shall be grounds for
31disciplining the licensee pursuant to Section 1550. The department
32may assess civil penalties for continued violations as permitted by
33Section 1548. The fingerprint images and related information shall
34then be submitted to the Department of Justice for processing.
35Upon request of the licensee, who shall enclose a self-addressed
36stamped postcard for this purpose, the Department of Justice shall
37verify receipt of the fingerprints.

38(2) Within 14 calendar days of the receipt of the fingerprint
39images, the Department of Justice shall notify the State Department
40of Social Services of the criminal record information, as provided
P16   1for in subdivision (a). If no criminal record information has been
2recorded, the Department of Justice shall provide the licensee and
3the State Department of Social Services with a statement of that
4fact within 14 calendar days of receipt of the fingerprint images.
5Documentation of the individual’s clearance or exemption from
6disqualification shall be maintained by the licensee and be available
7for inspection. If new fingerprint images are required for
8processing, the Department of Justice shall, within 14 calendar
9days from the date of receipt of the fingerprints, notify the licensee
10that the fingerprints were illegible, the Department of Justice shall
11notify the State Department of Social Services, as required by
12Section 1522.04, and shall also notify the licensee by mail, within
1314 days of electronic transmission of the fingerprints to the
14Department of Justice, if the person has no criminal history
15recorded. A violation of the regulations adopted pursuant to Section
161522.04 shall result in the citation of a deficiency and an immediate
17assessment of civil penalties in the amount of one hundred dollars
18($100) per violation per day for a maximum of five days, unless
19the violation is a second or subsequent violation within a 12-month
20period in which case the civil penalties shall be in the amount of
21one hundred dollars ($100) per violation for a maximum of 30
22days, and shall be grounds for disciplining the licensee pursuant
23to Section 1550. The department may assess civil penalties for
24continued violations as permitted by Section 1548.

25(3) Except for persons specified in subdivision (b) who are
26exempt from fingerprinting, the licensee shall endeavor to ascertain
27the previous employment history of persons required to be
28fingerprinted. If it is determined by the State Department of Social
29Services, on the basis of the fingerprint images and related
30information submitted to the Department of Justice, that subsequent
31to obtaining a criminal record clearance or exemption from
32disqualification pursuant to subdivision (g), the person has been
33convicted of, or is awaiting trial for, a sex offense against a minor,
34or has been convicted for an offense specified in Section 243.4,
35273a, 273d, 273g, or 368 of the Penal Code, or a felony, the State
36Department of Social Services shall notify the licensee to act
37immediately to terminate the person’s employment, remove the
38person from the community care facility, or bar the person from
39entering the community care facility. The State Department of
40Social Services may subsequently grant an exemption from
P17   1disqualification pursuant to subdivision (g). If the conviction or
2arrest was for another crime, except a minor traffic violation, the
3licensee shall, upon notification by the State Department of Social
4Services, act immediately to either (A) terminate the person’s
5employment, remove the person from the community care facility,
6or bar the person from entering the community care facility; or
7(B) seek an exemption from disqualification pursuant to subdivision
8(g). The State Department of Social Services shall determine if
9the person shall be allowed to remain in the facility until a decision
10on the exemption from disqualification is rendered. A licensee’s
11failure to comply with the department’s prohibition of employment,
12contact with clients, or presence in the facility as required by this
13paragraph shall result in a citation of deficiency and an immediate
14assessment of civil penalties in the amount of one hundred dollars
15($100) per violation per day and shall be grounds for disciplining
16the licensee pursuant to Section 1550.

17(4) The department may issue an exemption from
18disqualification on its own motion pursuant to subdivision (g) if
19the person’s criminal history indicates that the person is of good
20character based on the age, seriousness, and frequency of the
21conviction or convictions. The department, in consultation with
22interested parties, shall develop regulations to establish the criteria
23to grant an exemption from disqualification pursuant to this
24paragraph.

25(5) Concurrently with notifying the licensee pursuant to
26paragraph (3), the department shall notify the affected individual
27of his or her right to seek an exemption from disqualification
28pursuant to subdivision (g). The individual may seek an exemption
29from disqualification only if the licensee terminates the person’s
30employment or removes the person from the facility after receiving
31notice from the department pursuant to paragraph (3).

32(d) (1) Before issuing a license or certificate of approval to any
33person or persons to operate a foster family home or certified
34family home as described in Section 1506, the State Department
35of Social Services or other approving authority shall secure
36California and Federal Bureau of Investigation criminal history
37information to determine whether the applicant or any person
38specified in subdivision (b) who is not exempt from fingerprinting
39has ever been convicted of a crime other than a minor traffic
40violation or arrested for any crime specified in subdivision (c) of
P18   1Section 290 of the Penal Code, for violating Section 245 or 273.5,
2subdivision (b) of Section 273a or, prior to January 1, 1994,
3paragraph (2) of Section 273a of the Penal Code, or for any crime
4for which the department cannot grant an exemption if the person
5was convicted and the person has not been exonerated. The State
6Department of Social Services or other approving authority shall
7not issue a license or certificate of approval to any foster family
8home or certified family home applicant who has not obtained
9both a California and Federal Bureau of Investigation criminal
10record clearance or exemption from disqualification pursuant to
11subdivision (g).

12(2) The criminal history information shall include the full
13criminal record, if any, of those persons.

14(3) Neither the Department of Justice nor the State Department
15of Social Services may charge a fee for the fingerprinting of an
16applicant for a license, special permit, or certificate of approval
17described in this subdivision. The record, if any, shall be taken
18into consideration when evaluating a prospective applicant.

19(4) The following shall apply to the criminal record information:

20(A) If the applicant or other persons specified in subdivision
21(b) who are not exempt from fingerprinting have convictions that
22would make the applicant’s home unfit as a foster family home or
23a certified family home, the license, special permit, or certificate
24of approval shall be denied.

25(B) If the State Department of Social Services finds that the
26applicant, or any person specified in subdivision (b) who is not
27exempt from fingerprinting is awaiting trial for a crime other than
28a minor traffic violation, the State Department of Social Services
29or other approving authority may cease processing the application
30until the conclusion of the trial.

31(C) For purposes of this subdivision, a criminal record clearance
32provided under Section 8712 of the Family Code may be used by
33the department or other approving agency.

34(D) To the same extent required for federal funding, an applicant
35for a foster family home license or for certification as a family
36home, and any other person specified in subdivision (b) who is
37not exempt from fingerprinting, shall submit a set of fingerprint
38images and related information to the Department of Justice and
39the Federal Bureau of Investigation, through the Department of
40Justice, for a state and federal level criminal offender record
P19   1information search, in addition to the criminal records search
2required by subdivision (a).

3(5) Any person specified in this subdivision shall, as a part of
4the application, be fingerprinted and sign a declaration under
5penalty of perjury regarding any prior criminal convictions or
6arrests for any crime against a child, spousal or cohabitant abuse
7or, any crime for which the department cannot grant an exemption
8if the person was convicted and shall submit these fingerprints to
9the licensing agency or other approving authority.

10(6) (A) Subsequent to initial licensure or certification, a person
11specified in subdivision (b) who is not exempt from fingerprinting
12shall obtain both a California and Federal Bureau of Investigation
13criminal record clearance, or an exemption from disqualification
14pursuant to subdivision (g), prior to employment, residence, or
15initial presence in the foster family or certified family home. A
16foster family home licensee or foster family agency shall submit
17fingerprint images and related information of persons specified in
18subdivision (b) who are not exempt from fingerprinting to the
19Department of Justice and the Federal Bureau of Investigation,
20through the Department of Justice, for a state and federal level
21criminal offender record information search, or to comply with
22paragraph (1) of subdivision (h). A foster family home licensee’s
23or a foster family agency’s failure to either prohibit the
24employment, residence, or initial presence of a person specified
25in subdivision (b) who is not exempt from fingerprinting and who
26has not received either a criminal record clearance or an exemption
27from disqualification pursuant to subdivision (g), or comply with
28paragraph (1) of subdivision (h), as required in this section, shall
29result in a citation of a deficiency, and the immediate civil penalties
30of one hundred dollars ($100) per violation per day for a maximum
31of five days, unless the violation is a second or subsequent violation
32within a 12-month period in which case the civil penalties shall
33be in the amount of one hundred dollars ($100) per violation for
34a maximum of 30 days, and shall be grounds for disciplining the
35licensee pursuant to Section 1550. A violation of the regulation
36adopted pursuant to Section 1522.04 shall result in the citation of
37a deficiency and an immediate assessment of civil penalties in the
38amount of one hundred dollars ($100) per violation per day for a
39maximum of five days, unless the violation is a second or
40subsequent violation within a 12-month period in which case the
P20   1civil penalties shall be in the amount of one hundred dollars ($100)
2per violation for a maximum of 30 days, and shall be grounds for
3disciplining the foster family home licensee or the foster family
4agency pursuant to Section 1550. The State Department of Social
5Services may assess penalties for continued violations, as permitted
6by Section 1548. The fingerprint images shall then be submitted
7to the Department of Justice for processing.

8(B) Upon request of the licensee, who shall enclose a
9self-addressed envelope for this purpose, the Department of Justice
10shall verify receipt of the fingerprints. Within five working days
11of the receipt of the criminal record or information regarding
12criminal convictions from the Department of Justice, the
13department shall notify the applicant of any criminal arrests or
14convictions. If no arrests or convictions are recorded, the
15Department of Justice shall provide the foster family home licensee
16or the foster family agency with a statement of that fact concurrent
17with providing the information to the State Department of Social
18Services.

19(7) If the State Department of Social Services finds that the
20applicant, or any other person specified in subdivision (b) who is
21not exempt from fingerprinting, has been convicted of a crime
22other than a minor traffic violation, the application shall be denied,
23unless the director grants an exemption from disqualification
24pursuant to subdivision (g).

25(8) If the State Department of Social Services finds after
26licensure or the granting of the certificate of approval that the
27licensee, certified foster parent, or any other person specified in
28 subdivision (b) who is not exempt from fingerprinting, has been
29convicted of a crime other than a minor traffic violation, the license
30or certificate of approval may be revoked by the department or the
31foster family agency, whichever is applicable, unless the director
32grants an exemption from disqualification pursuant to subdivision
33(g). A licensee’s failure to comply with the department’s
34prohibition of employment, contact with clients, or presence in
35the facility as required by paragraph (3) of subdivision (c) shall
36be grounds for disciplining the licensee pursuant to Section 1550.

37(e) The State Department of Social Services shall not use a
38record of arrest to deny, revoke, or terminate any application,
39license, employment, or residence unless the department
40investigates the incident and secures evidence, whether or not
P21   1related to the incident of arrest, that is admissible in an
2administrative hearing to establish conduct by the person that may
3pose a risk to the health and safety of any person who is or may
4become a client. The State Department of Social Services is
5authorized to obtain any arrest or conviction records or reports
6from any law enforcement agency as necessary to the performance
7of its duties to inspect, license, and investigate community care
8facilities and individuals associated with a community care facility.

9(f) (1) For purposes of this section or any other provision of
10this chapter, a conviction means a plea or verdict of guilty or a
11conviction following a plea of nolo contendere. Any action that
12the State Department of Social Services is permitted to take
13following the establishment of a conviction may be taken when
14the time for appeal has elapsed, when the judgment of conviction
15has been affirmed on appeal, or when an order granting probation
16is made suspending the imposition of sentence, notwithstanding
17a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
18Penal Code permitting the person to withdraw his or her plea of
19guilty and to enter a plea of not guilty, or setting aside the verdict
20of guilty, or dismissing the accusation, information, or indictment.
21For purposes of this section or any other provision of this chapter,
22the record of a conviction, or a copy thereof certified by the clerk
23of the court or by a judge of the court in which the conviction
24occurred, shall be conclusive evidence of the conviction. For
25purposes of this section or any other provision of this chapter, the
26arrest disposition report certified by the Department of Justice, or
27documents admissible in a criminal action pursuant to Section
28969b of the Penal Code, shall be prima facie evidence of the
29conviction, notwithstanding any other law prohibiting the
30admission of these documents in a civil or administrative action.

31(2) For purposes of this section or any other provision of this
32 chapter, the department shall consider criminal convictions from
33another state or federal court as if the criminal offense was
34committed in this state.

35(g) (1) After review of the record, the director may grant an
36exemption from disqualification for a license or special permit as
37specified in paragraph (4) of subdivision (a), or for a license,
38special permit, or certificate of approval as specified in paragraphs
39(4), (7), and (8) of subdivision (d), or for employment, residence,
40or presence in a community care facility as specified in paragraphs
P22   1(3), (4), and (5) of subdivision (c), if the director has substantial
2and convincing evidence to support a reasonable belief that the
3applicant and the person convicted of the crime, if other than the
4applicant, are of good character as to justify issuance of the license
5or special permit or granting an exemption for purposes of
6subdivision (c). Except as otherwise provided in this subdivision,
7an exemption shall not be granted pursuant to this subdivision if
8the conviction was for any of the following offenses:

9(A) (i) An offense specified in Section 220, 243.4, or 264.1,
10subdivision (a) of Section 273a or, prior to January 1, 1994,
11paragraph (1) of Section 273a, Section 273d, 288, or 289,
12subdivision (c) of Section 290, or Section 368 of the Penal Code,
13or was a conviction of another crime against an individual specified
14in subdivision (c) of Section 667.5 of the Penal Code.

15(ii) Notwithstanding clause (i), the director may grant an
16exemption regarding the conviction for an offense described in
17paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
18of the Penal Code, if the employee or prospective employee has
19been rehabilitated as provided in Section 4852.03 of the Penal
20Code, has maintained the conduct required in Section 4852.05 of
21the Penal Code for at least 10 years, and has the recommendation
22of the district attorney representing the employee’s county of
23residence, or if the employee or prospective employee has received
24a certificate of rehabilitation pursuant to Chapter 3.5 (commencing
25with Section 4852.01) of Title 6 of Part 3 of the Penal Code. This
26clause shall not apply to foster care providers, including relative
27caregivers, nonrelated extended family members, or any other
28person specified in subdivision (b), in those homes where the
29individual has been convicted of an offense described in paragraph
30(1) of subdivision (c) of Section 667.5 of the Penal Code.

31(B) A felony offense specified in Section 729 of the Business
32and Professions Code or Section 206 or 215, subdivision (a) of
33Section 347, subdivision (b) of Section 417, or subdivision (a) of
34Section 451 of the Penal Code.

35(C) Under no circumstances shall an exemption be granted
36pursuant to this subdivision to any foster care provider applicant
37if that applicant, or any other person specified in subdivision (b)
38in those homes, has a felony conviction for either of the following
39offenses:

P23   1(i) A felony conviction for child abuse or neglect, spousal abuse,
2crimes against a child, including child pornography, or for a crime
3involving violence, including rape, sexual assault, or homicide,
4but not including other physical assault and battery. For purposes
5of this subparagraph, a crime involving violence means a violent
6crime specified in clause (i) of subparagraph (A), or subparagraph
7(B).

8(ii) A felony conviction, within the last five years, for physical
9assault, battery, or a drug- or alcohol-related offense.

10(iii) This subparagraph shall not apply to licenses or approvals
11wherein a caregiver was granted an exemption to a criminal
12conviction described in clause (i) or (ii) prior to the enactment of
13this subparagraph.

14(iv) This subparagraph shall remain operative only to the extent
15that compliance with its provisions is required by federal law as
16a condition for receiving funding under Title IV-E of the federal
17Social Security Act (42 U.S.C. Sec. 670 et seq.).

18(2) The department shall not prohibit a person from being
19employed or having contact with clients in a facility on the basis
20of a denied criminal record exemption request or arrest information
21unless the department complies with the requirements of Section
221558.

23(h) (1) For purposes of compliance with this section, the
24department may permit an individual to transfer a current criminal
25record clearance, as defined in subdivision (a), from one facility
26to another, as long as the criminal record clearance has been
27processed through a state licensing district office, and is being
28transferred to another facility licensed by a state licensing district
29office. The request shall be in writing to the State Department of
30Social Services, and shall include a copy of the person’s driver’s
31license or valid identification card issued by the Department of
32Motor Vehicles, or a valid photo identification issued by another
33state or the United States government if the person is not a
34California resident. Upon request of the licensee, who shall enclose
35a self-addressed envelope for this purpose, the State Department
36of Social Services shall verify whether the individual has a
37clearance that can be transferred.

38(2) The State Department of Social Services shall hold criminal
39record clearances in its active files for a minimum of three years
P24   1after an employee is no longer employed at a licensed facility in
2order for the criminal record clearance to be transferred.

3(3) The following shall apply to a criminal record clearance or
4exemption from the department or a county office with
5department-delegated licensing authority:

6(A) A county office with department-delegated licensing
7authority may accept a clearance or exemption from the
8department.

9(B) The department may accept a clearance or exemption from
10any county office with department-delegated licensing authority.

11(C) A county office with department-delegated licensing
12authority may accept a clearance or exemption from any other
13county office with department-delegated licensing authority.

14(4) With respect to notifications issued by the Department of
15Justice pursuant to Section 11105.2 of the Penal Code concerning
16an individual whose criminal record clearance was originally
17processed by the department or a county office with
18department-delegated licensing authority, all of the following shall
19apply:

20(A) The Department of Justice shall process a request from the
21department or a county office with department-delegated licensing
22authority to receive the notice only if all of the following conditions
23are met:

24(i) The request shall be submitted to the Department of Justice
25by the agency to be substituted to receive the notification.

26(ii)  The request shall be for the same applicant type as the type
27for which the original clearance was obtained.

28(iii) The request shall contain all prescribed data elements and
29format protocols pursuant to a written agreement between the
30department and the Department of Justice.

31(B) (i) On or before January 7, 2005, the department shall notify
32the Department of Justice of all county offices that have
33department-delegated licensing authority.

34(ii) The department shall notify the Department of Justice within
3515 calendar days of the date on which a new county office receives
36department-delegated licensing authority or a county’s delegated
37licensing authority is rescinded.

38(C) The Department of Justice shall charge the department, a
39county office with department-delegated licensing authority, or a
40county child welfare agency with criminal record clearance and
P25   1exemption authority, a fee for each time a request to substitute the
2recipient agency is received for purposes of this paragraph. This
3fee shall not exceed the cost of providing the service.

4(5) (A) A county child welfare agency with authority to secure
5clearances pursuant to Section 16504.5 of the Welfare and
6Institutions Code and to grant exemptions pursuant to Section
7361.4 of the Welfare and Institutions Code may accept a clearance
8or exemption from another county with criminal record and
9exemption authority pursuant to these sections.

10(B) With respect to notifications issued by the Department of
11Justice pursuant to Section 11105.2 of the Penal Code concerning
12an individual whose criminal record clearance was originally
13processed by a county child welfare agency with criminal record
14clearance and exemption authority, the Department of Justice shall
15process a request from a county child welfare agency with criminal
16record and exemption authority to receive the notice only if all of
17the following conditions are met:

18(i) The request shall be submitted to the Department of Justice
19by the agency to be substituted to receive the notification.

20(ii) The request shall be for the same applicant type as the type
21for which the original clearance was obtained.

22(iii) The request shall contain all prescribed data elements and
23format protocols pursuant to a written agreement between the State
24Department of Social Services and the Department of Justice.

25(i) The full criminal record obtained for purposes of this section
26may be used by the department or by a licensed adoption agency
27as a clearance required for adoption purposes.

28(j) If a licensee or facility is required by law to deny employment
29or to terminate employment of any employee based on written
30notification from the state department that the employee has a prior
31criminal conviction or is determined unsuitable for employment
32under Section 1558, the licensee or facility shall not incur civil
33liability or unemployment insurance liability as a result of that
34denial or termination.

35(k) The State Department of Social Services may charge a fee
36for the costs of processing electronic fingerprint images and related
37information.

38(l) Amendments to this section made in the 1999 portion of the
391999-2000 Regular Session shall be implemented commencing
4060 days after the effective date of the act amending this section in
P26   1the 1999 portion of the 1999-2000 Regular Session, except that
2those provisions for the submission of fingerprints for searching
3the records of the Federal Bureau of Investigation shall be
4implemented 90 days after the effective date of that act.

5begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1530.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert

7

1530.8.  

(a)  (1)  The department shall adopt regulations for
8community care facilities licensed as group homes, and for
9temporary shelter care facilities as defined in subdivision (c), that
10care for dependent children, children placed by a regional center,
11or voluntary placements, who are younger than 6 years of age. The
12department shall adopt these regulations after assessing the needs
13of this population and developing standards pursuant to Section
1411467.1 of the Welfare and Institutions Code.

15(2)  The department shall adopt regulations under this section
16that apply to mother and infant programs serving children younger
17than six years of age who reside in a group home with a minor
18parent who is the primary caregiver of the child that shall be subject
19to the requirements of subdivision (d).

begin insert

20(3) To the extent that the department determines they are
21necessary, the department shall adopt regulations under this
22section that apply to group homes that care for dependent children
23who are 6 to 12 years of age, inclusive. In order to determine
24whether such regulations are necessary, and what any resulting
25standards should include, the department shall consult with
26interested parties that include, but are not limited to,
27representatives of current and former foster youth, advocates for
28children in foster care, county welfare and mental health directors,
29chief probation officers, representatives of care providers, experts
30in child development, and representatives of the Legislature. The
31standards may provide normative guidelines differentiated by the
32needs specific to children in varying age ranges that fall between
336 and 12 years of age, inclusive. Prior to adopting regulations,
34the department shall submit for public comment, by July 1, 2016,
35any proposed regulations.

end insert

36(b)  The regulations shall include physical environment
37standards, including staffing and health and safety requirements,
38that meet or exceed state child care standards under Title 5 and
39Title 22 of the California Code of Regulations.

P27   1(c)  For purposes of this section, a “temporary shelter care
2facility” means any residential facility that meets all of the
3following requirements:

4(1)  It is owned and operated by the county.

5(2)  It is a 24-hour facility that provides short-term residential
6care and supervision for dependent children under 18 years of age
7who have been removed from their homes as a result of abuse or
8neglect, as defined in Section 300 of the Welfare and Institutions
9Code, or both.

10(d)  (1)  By September 1, 1999, the department shall submit
11for public comment regulations specific to mother and infant
12programs serving children younger than six years of age who are
13dependents of the court and reside in a group home with a minor
14child who is the primary caregiver of the child.

15(2)  The regulations shall include provisions that when the minor
16parent is absent and the facility is providing direct care to children
17younger than six years of age who are dependents of the court,
18there shall be one child care staff person for every four children
19of minor parents.

20(3)  In developing these proposed regulations, the department
21shall issue the proposed regulations for public comment, and shall
22refer to existing national standards for mother and infant programs
23as a guideline, where applicable.

24(4)  Prior to preparing the proposed regulations, the department
25shall consult with interested parties by convening a meeting by
26February 28, 1999, that shall include, but not be limited to,
27representatives from a public interest law firm specializing in
28children’s issues and provider organizations.

29begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1562 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
30to read:end insert

31

1562.  

begin insert(a)end insertbegin insertend insert The director shall ensure that operators and staffs
32of community care facilities have appropriate training to provide
33the care and services for which a license or certificate is issued.
34The section shall not apply to a facility licensed as an Adult
35Residential Facility for Persons with Special Health Care Needs
36pursuant to Article 9 (commencing with Section 1567.50).

begin insert

37(b) It is the intent of the Legislature that children in foster care
38reside in the least restrictive, family-based settings that can meet
39their needs, and that group homes will be used only for short term,
40specialized, and intensive treatment purposes that are consistent
P28   1with a case plan that is determined by a child’s best interests.
2Accordingly, the Legislature encourages the department to adopt
3policies, practices, and guidance that ensure that the education,
4qualification, and training requirements for child care staff in
5group homes are consistent with the intended role of group homes
6to provide short-term, specialized, and intensive treatment, with
7a particular focus on crisis intervention, behavioral stabilization,
8and other treatment-related goals, as well as the connections
9between those efforts and work toward permanency for children.

end insert
10begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1596.871 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

1596.871.  

The Legislature recognizes the need to generate
13timely and accurate positive fingerprint identification of applicants
14as a condition of issuing licenses, permits, or certificates of
15approval for persons to operate or provide direct care services in
16a child care center or family child care home. It is the intent of the
17Legislature in enacting this section to require the fingerprints of
18those individuals whose contact with child day care facility clients
19may pose a risk to the children’s health and safety. An individual
20shall be required to obtain either a criminal record clearance or a
21criminal record exemption from the State Department of Social
22Services before his or her initial presence in a child day care
23facility.

24(a) (1) Before issuing a license or special permit to any person
25to operate or manage a day care facility, the department shall secure
26from an appropriate law enforcement agency a criminal record to
27determine whether the applicant or any other person specified in
28subdivision (b) has ever been convicted of a crime other than a
29minor traffic violation or arrested for any crime specified in
30subdivision (c) of Section 290 of the Penal Code, for violating
31Section 245 or 273.5, subdivision (b) of Section 273a or, prior to
32January 1, 1994, paragraph (2) of Section 273a of the Penal Code,
33or for any crime for which the department cannot grant an
34exemption if the person was convicted and the person has not been
35exonerated.

36(2) The criminal history information shall include the full
37criminal record, if any, of those persons, and subsequent arrest
38information pursuant to Section 11105.2 of the Penal Code.

39(3) Except during the 2003-04begin delete through 2012-13end deletebegin insert to the 2014-15end insert
40 fiscal years, inclusive, neither the Department of Justice nor the
P29   1department may charge a fee for the fingerprinting of an applicant
2who will serve six or fewer children or any family day care
3applicant for a license, or for obtaining a criminal record of an
4applicant pursuant to this section.

5(4) The following shall apply to the criminal record information:

6(A) If the State Department of Social Services finds that the
7applicant or any other person specified in subdivision (b) has been
8convicted of a crime, other than a minor traffic violation, the
9application shall be denied, unless the director grants an exemption
10pursuant to subdivision (f).

11(B) If the State Department of Social Services finds that the
12applicant, or any other person specified in subdivision (b), is
13awaiting trial for a crime other than a minor traffic violation, the
14State Department of Social Services may cease processing the
15application until the conclusion of the trial.

16(C) If no criminal record information has been recorded, the
17Department of Justice shall provide the applicant and the State
18Department of Social Services with a statement of that fact.

19(D) If the State Department of Social Services finds after
20licensure that the licensee, or any other person specified in
21paragraph (2) of subdivision (b), has been convicted of a crime
22other than a minor traffic violation, the license may be revoked,
23unless the director grants an exemption pursuant to subdivision
24(f).

25(E) An applicant and any other person specified in subdivision
26(b) shall submit fingerprint images and related information to the
27Department of Justice and the Federal Bureau of Investigation,
28through the Department of Justice, for a state and federal level
29criminal offender record information search, in addition to the
30search required by subdivision (a). If an applicant meets all other
31conditions for licensure, except receipt of the Federal Bureau of
32Investigation’s criminal history information for the applicant and
33persons listed in subdivision (b), the department may issue a license
34if the applicant and each person described by subdivision (b) has
35signed and submitted a statement that he or she has never been
36convicted of a crime in the United States, other than a traffic
37infraction as defined in paragraph (1) of subdivision (a) of Section
3842001 of the Vehicle Code. If, after licensure, the department
39determines that the licensee or person specified in subdivision (b)
40has a criminal record, the license may be revoked pursuant to
P30   1Section 1596.885. The department may also suspend the license
2pending an administrative hearing pursuant to Section 1596.886.

3(b) (1) In addition to the applicant, this section shall be
4applicable to criminal convictions of the following persons:

5(A) Adults responsible for administration or direct supervision
6of staff.

7(B) Any person, other than a child, residing in the facility.

8(C) Any person who provides care and supervision to the
9children.

10(D) Any staff person, volunteer, or employee who has contact
11with the children.

12(i) A volunteer providing time-limited specialized services shall
13be exempt from the requirements of this subdivision if this person
14is directly supervised by the licensee or a facility employee with
15a criminal record clearance or exemption, the volunteer spends no
16more than 16 hours per week at the facility, and the volunteer is
17not left alone with children in care.

18(ii) A student enrolled or participating at an accredited
19educational institution shall be exempt from the requirements of
20this subdivision if the student is directly supervised by the licensee
21or a facility employee with a criminal record clearance or
22exemption, the facility has an agreement with the educational
23institution concerning the placement of the student, the student
24spends no more than 16 hours per week at the facility, and the
25student is not left alone with children in care.

26(iii) A volunteer who is a relative, legal guardian, or foster parent
27of a client in the facility shall be exempt from the requirements of
28this subdivision.

29(iv) A contracted repair person retained by the facility, if not
30left alone with children in care, shall be exempt from the
31requirements of this subdivision.

32(v) Any person similar to those described in this subdivision,
33as defined by the department in regulations.

34(E) If the applicant is a firm, partnership, association, or
35corporation, the chief executive officer, other person serving in
36like capacity, or a person designated by the chief executive officer
37as responsible for the operation of the facility, as designated by
38the applicant agency.

39(F) If the applicant is a local educational agency, the president
40of the governing board, the school district superintendent, or a
P31   1person designated to administer the operation of the facility, as
2designated by the local educational agency.

3(G) Additional officers of the governing body of the applicant,
4or other persons with a financial interest in the applicant, as
5determined necessary by the department by regulation. The criteria
6used in the development of these regulations shall be based on the
7person’s capability to exercise substantial influence over the
8operation of the facility.

9(H) This section does not apply to employees of child care and
10development programs under contract with the State Department
11of Education who have completed a criminal record clearance as
12part of an application to the Commission on Teacher Credentialing,
13and who possess a current credential or permit issued by the
14commission, including employees of child care and development
15programs that serve both children subsidized under, and children
16not subsidized under, a State Department of Education contract.
17The Commission on Teacher Credentialing shall notify the
18department upon revocation of a current credential or permit issued
19to an employee of a child care and development program under
20contract with the State Department of Education.

21(I) This section does not apply to employees of a child care and
22development program operated by a school district, county office
23of education, or community college district under contract with
24the State Department of Education who have completed a criminal
25record clearance as a condition of employment. The school district,
26county office of education, or community college district upon
27receiving information that the status of an employee’s criminal
28record clearance has changed shall submit that information to the
29department.

30(2) Nothing in this subdivision shall prevent a licensee from
31requiring a criminal record clearance of any individuals exempt
32from the requirements under this subdivision.

33(c) (1) (A) Subsequent to initial licensure, any person specified
34in subdivision (b) and not exempted from fingerprinting shall, as
35a condition to employment, residence, or presence in a child day
36care facility be fingerprinted and sign a declaration under penalty
37of perjury regarding any prior criminal conviction. The licensee
38shall submit fingerprint images and related information to the
39Department of Justice and the Federal Bureau of Investigation,
40through the Department of Justice, or to comply with paragraph
P32   1(1) of subdivision (h), prior to the person’s employment, residence,
2or initial presence in the child day care facility.

3(B) These fingerprint images for the purpose of obtaining a
4permanent set of fingerprints shall be electronically submitted to
5the Department of Justice in a manner approved by the State
6Department of Social Services and to the Department of Justice,
7or to comply with paragraph (1) of subdivision (h), as required in
8this section, shall result in the citation of a deficiency, and an
9immediate assessment of civil penalties in the amount of one
10hundred dollars ($100) per violation per day for a maximum of
11five days, unless the violation is a second or subsequent violation
12within a 12-month period in which case the civil penalties shall
13be in the amount of one hundred dollars ($100) per violation for
14a maximum of 30 days, and shall be grounds for disciplining the
15licensee pursuant to Section 1596.885 or Section 1596.886. The
16State Department of Social Services may assess civil penalties for
17continued violations permitted by Sections 1596.99 and 1597.62.
18The fingerprint images and related information shall then be
19submitted to the department for processing. Within 14 calendar
20days of the receipt of the fingerprint images, the Department of
21Justice shall notify the State Department of Social Services of the
22criminal record information, as provided in this subdivision. If no
23criminal record information has been recorded, the Department of
24Justice shall provide the licensee and the State Department of
25Social Services with a statement of that fact within 14 calendar
26days of receipt of the fingerprint images. If new fingerprint images
27are required for processing, the Department of Justice shall, within
2814 calendar days from the date of receipt of the fingerprint images,
29notify the licensee that the fingerprints were illegible.

30(C) Documentation of the individual’s clearance or exemption
31shall be maintained by the licensee, and shall be available for
32inspection. When live-scan technology is operational, as defined
33in Section 1522.04, the Department of Justice shall notify the
34 department, as required by that section, and notify the licensee by
35mail within 14 days of electronic transmission of the fingerprints
36to the Department of Justice, if the person has no criminal record.
37Any violation of the regulations adopted pursuant to Section
381522.04 shall result in the citation of a deficiency and an immediate
39assessment of civil penalties in the amount of one hundred dollars
40($100) per violation per day for a maximum of five days, unless
P33   1the violation is a second or subsequent violation within a 12-month
2period in which case the civil penalties shall be in the amount of
3one hundred dollars ($100) per violation for a maximum of 30
4days, and shall be grounds for disciplining the licensee pursuant
5to Section 1596.885 or Section 1596.886. The department may
6assess civil penalties for continued violations, as permitted by
7Sections 1596.99 and 1597.62.

8(2) Except for persons specified in paragraph (2) of subdivision
9(b), the licensee shall endeavor to ascertain the previous
10employment history of persons required to be fingerprinted under
11this subdivision. If it is determined by the department, on the basis
12of fingerprints submitted to the Department of Justice, that the
13person has been convicted of a sex offense against a minor, an
14offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
15the Penal Code, or a felony, the State Department of Social
16Services shall notify the licensee to act immediately to terminate
17the person’s employment, remove the person from the child day
18care facility, or bar the person from entering the child day care
19facility. The department may subsequently grant an exemption
20pursuant to subdivision (f). If the conviction was for another crime
21except a minor traffic violation, the licensee shall, upon notification
22by the State Department of Social Services, act immediately to
23either (1) terminate the person’s employment, remove the person
24from the child day care facility, or bar the person from entering
25the child day care facility; or (2) seek an exemption pursuant to
26subdivision (f). The department shall determine if the person shall
27be allowed to remain in the facility until a decision on the
28exemption is rendered. A licensee’s failure to comply with the
29department’s prohibition of employment, contact with clients, or
30presence in the facility as required by this paragraph shall result
31in a citation of deficiency and an immediate assessment of civil
32penalties by the department against the licensee, in the amount of
33one hundred dollars ($100) per violation per day for a maximum
34of five days, unless the violation is a second or subsequent violation
35within a 12-month period in which case the civil penalties shall
36be in the amount of one hundred dollars ($100) per violation for
37a maximum of 30 days, and shall be grounds for disciplining the
38licensee pursuant to Section 1596.885 or 1596.886.

39(3) The department may issue an exemption on its own motion
40pursuant to subdivision (f) if the person’s criminal history indicates
P34   1that the person is of good character based on the age, seriousness,
2and frequency of the conviction or convictions. The department,
3in consultation with interested parties, shall develop regulations
4to establish the criteria to grant an exemption pursuant to this
5paragraph.

6(4) Concurrently with notifying the licensee pursuant to
7paragraph (3), the department shall notify the affected individual
8of his or her right to seek an exemption pursuant to subdivision
9(f). The individual may seek an exemption only if the licensee
10terminates the person’s employment or removes the person from
11the facility after receiving notice from the department pursuant to
12paragraph (3).

13(d) (1) For purposes of this section or any other provision of
14this chapter, a conviction means a plea or verdict of guilty or a
15conviction following a plea of nolo contendere. Any action that
16the department is permitted to take following the establishment of
17a conviction may be taken when the time for appeal has elapsed,
18when the judgment of conviction has been affirmed on appeal, or
19when an order granting probation is made suspending the
20imposition of sentence, notwithstanding a subsequent order
21pursuant to Sections 1203.4 and 1203.4a of the Penal Code
22permitting the person to withdraw his or her plea of guilty and to
23enter a plea of not guilty, or setting aside the verdict of guilty, or
24dismissing the accusation, information, or indictment. For purposes
25of this section or any other provision of this chapter, the record of
26a conviction, or a copy thereof certified by the clerk of the court
27or by a judge of the court in which the conviction occurred, shall
28be conclusive evidence of the conviction. For purposes of this
29section or any other provision of this chapter, the arrest disposition
30report certified by the Department of Justice, or documents
31admissible in a criminal action pursuant to Section 969b of the
32Penal Code, shall be prima facie evidence of conviction,
33notwithstanding any other provision of law prohibiting the
34admission of these documents in a civil or administrative action.

35(2) For purposes of this section or any other provision of this
36chapter, the department shall consider criminal convictions from
37another state or federal court as if the criminal offense was
38committed in this state.

39(e) The State Department of Social Services may not use a
40record of arrest to deny, revoke, or terminate any application,
P35   1license, employment, or residence unless the department
2investigates the incident and secures evidence, whether or not
3related to the incident of arrest, that is admissible in an
4administrative hearing to establish conduct by the person that may
5pose a risk to the health and safety of any person who is or may
6become a client. The State Department of Social Services is
7authorized to obtain any arrest or conviction records or reports
8from any law enforcement agency as necessary to the performance
9of its duties to inspect, license, and investigate community care
10facilities and individuals associated with a community care facility.

11(f) (1) After review of the record, the director may grant an
12exemption from disqualification for a license or special permit as
13specified in paragraphs (1) and (4) of subdivision (a), or for
14employment, residence, or presence in a child day care facility as
15specified in paragraphs (3), (4), and (5) of subdivision (c) if the
16director has substantial and convincing evidence to support a
17reasonable belief that the applicant and the person convicted of
18the crime, if other than the applicant, are of good character so as
19to justify issuance of the license or special permit or granting an
20exemption for purposes of subdivision (c). However, an exemption
21may not be granted pursuant to this subdivision if the conviction
22was for any of the following offenses:

23(A) An offense specified in Section 220, 243.4, or 264.1,
24subdivision (a) of Section 273a or, prior to January 1, 1994,
25paragraph (1) of Section 273a, Section 273d, 288, or 289,
26subdivision (c) of Section 290, or Section 368 of the Penal Code,
27or was a conviction of another crime against an individual specified
28in subdivision (c) of Section 667.5 of the Penal Code.

29(B) A felony offense specified in Section 729 of the Business
30and Professions Code or Section 206 or 215, subdivision (a) of
31Section 347, subdivision (b) of Section 417, or subdivision (a) or
32(b) of Section 451 of the Penal Code.

33(2) The department may not prohibit a person from being
34employed or having contact with clients in a facility on the basis
35of a denied criminal record exemption request or arrest information
36unless the department complies with the requirements of Section
371596.8897.

38(g) Upon request of the licensee, who shall enclose a
39self-addressed stamped postcard for this purpose, the Department
40of Justice shall verify receipt of the fingerprint images.

P36   1(h) (1) For the purposes of compliance with this section, the
2department may permit an individual to transfer a current criminal
3record clearance, as defined in subdivision (a), from one facility
4to another, as long as the criminal record clearance has been
5processed through a state licensing district office, and is being
6transferred to another facility licensed by a state licensing district
7office. The request shall be in writing to the department, and shall
8 include a copy of the person’s driver’s license or valid
9identification card issued by the Department of Motor Vehicles,
10or a valid photo identification issued by another state or the United
11States government if the person is not a California resident. Upon
12request of the licensee, who shall enclose a self-addressed stamped
13envelope for this purpose, the department shall verify whether the
14individual has a clearance that can be transferred.

15(2) The State Department of Social Services shall hold criminal
16record clearances in its active files for a minimum of two years
17after an employee is no longer employed at a licensed facility in
18order for the criminal record clearances to be transferred.

19(3) The following shall apply to a criminal record clearance or
20exemption from the department or a county office with
21department-delegated licensing authority:

22(A) A county office with department-delegated licensing
23authority may accept a clearance or exemption from the
24department.

25(B) The department may accept a clearance or exemption from
26any county office with department-delegated licensing authority.

27(C) A county office with department-delegated licensing
28authority may accept a clearance or exemption from any other
29county office with department-delegated licensing authority.

30(4) With respect to notifications issued by the Department of
31Justice pursuant to Section 11105.2 of the Penal Code concerning
32an individual whose criminal record clearance was originally
33processed by the department or a county office with
34department-delegated licensing authority, all of the following shall
35apply:

36(A) The Department of Justice shall process a request from the
37department or a county office with department-delegated licensing
38authority to receive the notice, only if all of the following
39conditions are met:

P37   1(i) The request shall be submitted to the Department of Justice
2by the agency to be substituted to receive the notification.

3(ii) The request shall be for the same applicant type as the type
4for which the original clearance was obtained.

5(iii) The request shall contain all prescribed data elements and
6format protocols pursuant to a written agreement between the
7department and the Department of Justice.

8(B) (i) On or before January 7, 2005, the department shall notify
9the Department of Justice of all county offices that have
10department-delegated licensing authority.

11(ii) The department shall notify the Department of Justice within
1215 calendar days of the date on which a new county office receives
13department-delegated licensing authority or a county’s delegated
14licensing authority is rescinded.

15(C) The Department of Justice shall charge the department or
16a county office with department-delegated licensing authority a
17fee for each time a request to substitute the recipient agency is
18received for purposes of this paragraph. This fee shall not exceed
19the cost of providing the service.

20(i) Notwithstanding any other provision of law, the department
21may provide an individual with a copy of his or her state or federal
22level criminal offender record information search response as
23 provided to that department by the Department of Justice if the
24department has denied a criminal background clearance based on
25this information and the individual makes a written request to the
26department for a copy specifying an address to which it is to be
27sent. The state or federal level criminal offender record information
28search response shall not be modified or altered from its form or
29content as provided by the Department of Justice and shall be
30provided to the address specified by the individual in his or her
31written request. The department shall retain a copy of the
32individual’s written request and the response and date provided.

33begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 319.2 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
34amended to read:end insert

35

319.2.  

Notwithstanding Section 319, when a child under the
36age of six years is not released from the custody of the court, the
37child may be placed in a community care facility licensed as a
38group home for children or in a temporary shelter care facility, as
39defined in Section 1530.8 of the Health and Safety Code, only
40when the court finds that placement is necessary to secure a
P38   1complete and adequate evaluation, including placement planning
2and transition time. The placement period shall not exceed 60 days
3unless a case plan has been developed and the need for additional
4time is documented in the case plan and has been approved by the
5begin delete supervisor of the caseworker’s supervisorend deletebegin insert deputy director or
6director of the county child welfare department or an assistant
7chief probation officer or chief probation officer of the county
8probation departmentend insert
.

9begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 319.3 is added to the end insertbegin insertWelfare and Institutions
10Code
end insert
begin insert, to read:end insert

begin insert
11

begin insert319.3.end insert  

Notwithstanding Section 319, a dependent child who is
12six to 12 years of age, inclusive, may be placed in community care
13facility licensed as a group home for children or in a temporary
14shelter care facility, as defined in Section 1530.8 of the Health
15and Safety Code, only when the court finds that placement is
16necessary to secure a complete and adequate evaluation, including
17placement planning and transition time. The placement period
18shall not exceed 60 days unless a case plan has been developed
19and the need for additional time is documented in the case plan
20and has been approved by a deputy director or director of the
21county child welfare department or an assistant chief probation
22officer or chief probation officer of the county probation
23department.

end insert
24begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 361.2 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
25amended to read:end insert

26

361.2.  

(a) When a court orders removal of a child pursuant to
27Section 361, the court shall first determine whether there is a parent
28of the child, with whom the child was not residing at the time that
29the events or conditions arose that brought the child within the
30provisions of Section 300, who desires to assume custody of the
31child. If that parent requests custody, the court shall place the child
32with the parent unless it finds that placement with that parent would
33be detrimental to the safety, protection, or physical or emotional
34well-being of the child.

35(b) If the court places the child with that parent it may do any
36of the following:

37(1) Order that the parent become legal and physical custodian
38of the child. The court may also provide reasonable visitation by
39the noncustodial parent. The court shall then terminate its
40jurisdiction over the child. The custody order shall continue unless
P39   1modified by a subsequent order of the superior court. The order
2of the juvenile court shall be filed in any domestic relation
3proceeding between the parents.

4(2) Order that the parent assume custody subject to the
5jurisdiction of the juvenile court and require that a home visit be
6conducted within three months. In determining whether to take
7the action described in this paragraph, the court shall consider any
8concerns that have been raised by the child’s current caregiver
9regarding the parent. After the social worker conducts the home
10visit and files his or her report with the court, the court may then
11take the action described in paragraph (1), (3), or this paragraph.
12However, nothing in this paragraph shall be interpreted to imply
13that the court is required to take the action described in this
14paragraph as a prerequisite to the court taking the action described
15in either paragraph (1) or paragraph (3).

16(3) Order that the parent assume custody subject to the
17supervision of the juvenile court. In that case the court may order
18that reunification services be provided to the parent or guardian
19from whom the child is being removed, or the court may order that
20services be provided solely to the parent who is assuming physical
21custody in order to allow that parent to retain later custody without
22court supervision, or that services be provided to both parents, in
23which case the court shall determine, at review hearings held
24pursuant to Section 366, which parent, if either, shall have custody
25of the child.

26(c) The court shall make a finding either in writing or on the
27record of the basis for its determination under subdivisions (a) and
28(b).

29(d) Part 6 (commencing with Section 7950) of Division 12 of
30the Family Code shall apply to the placement of a child pursuant
31to paragraphs (1) and (2) of subdivision (e).

32(e) When the court orders removal pursuant to Section 361, the
33court shall order the care, custody, control, and conduct of the
34child to be under the supervision of the social worker who may
35place the child in any of the following:

36(1) The home of a noncustodial parent as described in
37subdivision (a), regardless of the parent’s immigration status.

38(2) The approved home of a relative, regardless of the relative’s
39immigration status.

P40   1(3) The approved home of a nonrelative extended family
2member as defined in Section 362.7.

3(4) A foster home in which the child has been placed before an
4interruption in foster care, if that placement is in the best interest
5of the child and space is available.

6(5) A suitable licensed community care facility.

7(6) With a foster family agency to be placed in a suitable
8licensed foster family home or certified family home which has
9been certified by the agency as meeting licensing standards.

10(7) A home or facility in accordance with the federal Indian
11Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

12(8) A child under the age of six years may be placed in a
13community care facility licensed as a group home for children, or
14a temporary shelter care facility as defined in Section 1530.8 of
15the Health and Safety Code, only under any of the following
16circumstances:

17(A) begin insert(i)end insertbegin insertend insert When a case plan indicates that placement is for
18purposes of providingbegin delete specializedend deletebegin insert short-term, specialized, and
19intensiveend insert
treatment to the child, the case plan specifies the need
20for, nature of, and anticipated duration of this treatment,begin delete andend delete
21begin insert pursuant to paragraph (2) of subdivision (c) of Section 16501.1,end insert
22 the facility meets the applicable regulations adopted under Section
231530.8 of the Health and Safety Code and standards developed
24pursuant to Section 11467.1begin insert, and the deputy director or director
25of the county child welfare department or an assistant chief
26probation officer or chief probation officer of the county probation
27department has approved the case planend insert
.begin delete The specializedend delete

28begin insert(ii)end insertbegin insertend insertbegin insertThe short term, specialized, and intensiveend insert treatment period
29shall not exceed 120 days, unlessbegin delete additional time is needed pursuant
30to the case plan as documented by the caseworker and approved
31by the caseworker’s supervisorend delete
begin insert the county has made progress
32toward or is actively working toward implementing the case plan
33that identifies the services or supports necessary to transition the
34child to a family setting, circumstances beyond the county’s control
35have prevented the county from obtaining those services or
36supports within the timeline documented in the case plan, and the
37need for additional time pursuant to the case plan is documented
38by the caseworker and approved by a deputy director or director
39of the county child welfare department or an assistant chief
P41   1probation officer or chief probation officer of the county probation
2departmentend insert
.

begin insert

3(iii) To the extent that placements pursuant to this paragraph
4are extended beyond an initial 120 days, the requirements of
5clauses (i) and (ii) shall apply to each extension. In addition, the
6deputy director or director of the county child welfare department
7or an assistant chief probation officer or chief probation officer
8of the county probation department shall approve the continued
9placement no less frequently than every 60 days.

end insert

10(B) When a case plan indicates that placement is for purposes
11of providing family reunification services. In addition, the facility
12offers family reunification services that meet the needs of the
13individual child and his or her family, permits parents to have
14reasonable access to their children 24 hours a day, encourages
15extensive parental involvement in meeting the daily needs of their
16children, and employs staff trained to provide family reunification
17services. In addition, one of the following conditions exists:

18(i) The child’s parent is also a ward of the court and resides in
19the facility.

20(ii) The child’s parent is participating in a treatment program
21affiliated with the facility and the child’s placement in the facility
22facilitates the coordination and provision of reunification services.

23(iii) Placement in the facility is the only alternative that permits
24the parent to have daily 24-hour access to the child in accordance
25with the case plan, to participate fully in meeting all of the daily
26needs of the child, including feeding and personal hygiene, and to
27have access to necessary reunification services.

begin insert

28(9) (A) A child who is 6 to 12 years of age, inclusive, may be
29placed in a community care facility licensed as a group home for
30children only when a case plan indicates that placement is for
31purposes of providing short-term, specialized, and intensive
32treatment for the child, the case plan specifies the need for, nature
33of, and anticipated duration of this treatment, pursuant to
34paragraph (2) of subdivision (c) of Section 16501.1, and is
35approved by the deputy director or director of the county child
36welfare department or an assistant chief probation officer or chief
37probation officer of the county probation department.

end insert
begin insert

38(B) The short-term, specialized, and intensive treatment period
39shall not exceed six months, unless the county has made progress
40or is actively working toward implementing the case plan that
P42   1identifies the services or supports necessary to transition the child
2to a family setting, circumstances beyond the county’s control have
3prevented the county from obtaining those services or supports
4within the timeline documented in the case plan, and the need for
5additional time pursuant to the case plan is documented by the
6caseworker and approved by a deputy director or director of the
7county child welfare department or an assistant chief probation
8officer or chief probation officer of the county probation
9department.

end insert
begin insert

10(C) To the extent that placements pursuant to this paragraph
11are extended beyond an initial six months, the requirements of
12subparagraph (A) and (B) shall apply to each extension. In
13addition, the deputy director or director of the county child welfare
14department or an assistant chief probation officer or chief
15probation officer of the county probation department shall approve
16the continued placement no less frequently than every 60 days.

end insert
begin delete

17(9)

end delete

18begin insert(10)end insert Nothing in this subdivision shall be construed to allow a
19social worker to place any dependent child outside the United
20States, except as specified in subdivision (f).

21(f) (1) A child under the supervision of a social worker pursuant
22to subdivision (e) shall not be placed outside the United States
23prior to a judicial finding that the placement is in the best interest
24of the child, except as required by federal law or treaty.

25(2) The party or agency requesting placement of the child outside
26the United States shall carry the burden of proof and must show,
27by clear and convincing evidence, that placement outside the
28United States is in the best interest of the child.

29(3) In determining the best interest of the child, the court shall
30consider, but not be limited to, the following factors:

31(A) Placement with a relative.

32(B) Placement of siblings in the same home.

33(C) Amount and nature of any contact between the child and
34the potential guardian or caretaker.

35(D) Physical and medical needs of the dependent child.

36(E) Psychological and emotional needs of the dependent child.

37(F) Social, cultural, and educational needs of the dependent
38child.

39(G) Specific desires of any dependent child who is 12 years of
40age or older.

P43   1(4) If the court finds that a placement outside the United States
2is, by clear and convincing evidence, in the best interest of the
3child, the court may issue an order authorizing the social worker
4to make a placement outside the United States. A child subject to
5this subdivision shall not leave the United States prior to the
6issuance of the order described in this paragraph.

7(5) For purposes of this subdivision, “outside the United States”
8shall not include the lands of any federally recognized American
9Indian tribe or Alaskan Natives.

10(6) This subdivision shall not apply to the placement of a
11dependent child with a parent pursuant to subdivision (a).

12(g) (1) If the child is taken from the physical custody of the
13child’s parent or guardian and unless the child is placed with
14relatives, the child shall be placed in foster care in the county of
15residence of the child’s parent or guardian in order to facilitate
16reunification of the family.

17(2) In the event that there are no appropriate placements
18available in the parent’s or guardian’s county of residence, a
19placement may be made in an appropriate place in another county,
20preferably a county located adjacent to the parent’s or guardian’s
21community of residence.

22(3) Nothing in this section shall be interpreted as requiring
23multiple disruptions of the child’s placement corresponding to
24frequent changes of residence by the parent or guardian. In
25determining whether the child should be moved, the social worker
26shall take into consideration the potential harmful effects of
27disrupting the placement of the child and the parent’s or guardian’s
28reason for the move.

29(4) When it has been determined that it is necessary for a child
30to be placed in a county other than the child’s parent’s or guardian’s
31county of residence, the specific reason the out-of-county
32placement is necessary shall be documented in the child’s case
33plan. If the reason the out-of-county placement is necessary is the
34lack of resources in the sending county to meet the specific needs
35of the child, those specific resource needs shall be documented in
36the case plan.

37(5) When it has been determined that a child is to be placed
38out-of-county either in a group home or with a foster family agency
39for subsequent placement in a certified foster family home, and
40the sending county is to maintain responsibility for supervision
P44   1and visitation of the child, the sending county shall develop a plan
2of supervision and visitation that specifies the supervision and
3visitation activities to be performed and specifies that the sending
4county is responsible for performing those activities. In addition
5to the plan of supervision and visitation, the sending county shall
6document information regarding any known or suspected dangerous
7behavior of the child that indicates the child may pose a safety
8concern in the receiving county. Upon implementation of the Child
9Welfare Services Case Management System, the plan of
10supervision and visitation, as well as information regarding any
11known or suspected dangerous behavior of the child, shall be made
12available to the receiving county upon placement of the child in
13the receiving county. If placement occurs on a weekend or holiday,
14the information shall be made available to the receiving county on
15or before the end of the next business day.

16(6) When it has been determined that a child is to be placed
17out-of-county and the sending county plans that the receiving
18county shall be responsible for the supervision and visitation of
19the child, the sending county shall develop a formal agreement
20between the sending and receiving counties. The formal agreement
21shall specify the supervision and visitation to be provided the child,
22and shall specify that the receiving county is responsible for
23providing the supervision and visitation. The formal agreement
24shall be approved and signed by the sending and receiving counties
25prior to placement of the child in the receiving county. In addition,
26upon completion of the case plan, the sending county shall provide
27a copy of the completed case plan to the receiving county. The
28case plan shall include information regarding any known or
29suspected dangerous behavior of the child that indicates the child
30may pose a safety concern to the receiving county.

31(h) Whenever the social worker must change the placement of
32the child and is unable to find a suitable placement within the
33county and must place the child outside the county, the placement
34shall not be made until he or she has served written notice on the
35parent or guardian at least 14 days prior to the placement, unless
36the child’s health or well-being is endangered by delaying the
37action or would be endangered if prior notice were given. The
38notice shall state the reasons which require placement outside the
39county. The parent or guardian may object to the placement not
40later than seven days after receipt of the notice and, upon objection,
P45   1the court shall hold a hearing not later than five days after the
2objection and prior to the placement. The court shall order
3out-of-county placement if it finds that the child’s particular needs
4require placement outside the county.

5(i) Where the court has ordered removal of the child from the
6physical custody of his or her parents pursuant to Section 361, the
7court shall consider whether the family ties and best interest of the
8child will be served by granting visitation rights to the child’s
9grandparents. The court shall clearly specify those rights to the
10social worker.

11(j) Where the court has ordered removal of the child from the
12physical custody of his or her parents pursuant to Section 361, the
13court shall consider whether there are any siblings under the court’s
14jurisdiction, the nature of the relationship between the child and
15his or her siblings, the appropriateness of developing or maintaining
16the sibling relationships pursuant to Section 16002, and the impact
17of the sibling relationships on the child’s placement and planning
18for legal permanence.

19(k) (1) When an agency has placed a child with a relative
20caregiver, a nonrelative extended family member, a licensed foster
21family home, or a group home, the agency shall ensure placement
22of the child in a home that, to the fullest extent possible, best meets
23the day-to-day needs of the child. A home that best meets the
24day-to-day needs of the child shall satisfy all of the following
25criteria:

26(A) The child’s caregiver is able to meet the day-to-day health,
27safety, and well-being needs of the child.

28(B) The child’s caregiver is permitted to maintain the least
29restrictive and most family-like environment that serves the
30day-to-day needs of the child.

31(C) The child is permitted to engage in reasonable,
32age-appropriate day-to-day activities that promote the most
33family-like environment for the foster child.

34(2) The foster child’s caregiver shall use a reasonable and
35prudent parent standard, as defined in paragraph (2) of subdivision
36(a) of Section 362.04, to determine day-to-day activities that are
37age-appropriate to meet the needs of the child. Nothing in this
38section shall be construed to permit a child’s caregiver to permit
39the child to engage in day-to-day activities that carry an
40unreasonable risk of harm, or subject the child to abuse or neglect.

P46   1begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 626 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

626.  

An officer who takes a minor into temporary custody
4under the provisions of Section 625 may do any of the following:

5(a) Release the minor.

6(b) Deliver or refer the minor to a public or private agency with
7which the city or county has an agreement or plan to provide shelter
8care, counseling, or diversion services to minors so delivered.begin insert A
9placement of a child in a community care facility as specified in
10Section 1530.8 of the Health and Safety Code shall be made in
11accordance with Section 319.2 or 319.3, as applicable, and with
12paragraph (8) or (9) of subdivision (e) of Section 361.2, as
13applicable.end insert

14(c) Prepare in duplicate a written notice to appear before the
15probation officer of the county in which the minor was taken into
16custody at a time and place specified in the notice. The notice shall
17also contain a concise statement of the reasons the minor was taken
18into custody. The officer shall deliver one copy of the notice to
19the minor or to a parent, guardian, or responsible relative of the
20minor and may require the minor or the minor’s parent, guardian,
21or relative, or both, to sign a written promise to appear at the time
22and place designated in the notice. Upon the execution of the
23promise to appear, the officer shall immediately release the minor.
24The officer shall, as soon as practicable, file one copy of the notice
25with the probation officer. The written notice to appear may require
26that the minor be fingerprinted, photographed, or both, upon the
27minor’s appearance before the probation officer, if the minor is a
28person described in Section 602 and he or she was taken into
29custody upon reasonable cause for the commission of a felony.

30(d) Take the minor without unnecessary delay before the
31probation officer of the county in which the minor was taken into
32custody, or in which the minor resides, or in which the acts take
33place or the circumstances exist which are alleged to bring the
34minor within the provisions of Section 601 or 602, and deliver the
35custody of the minor to the probation officer. The peace officer
36shall prepare a concise written statement of the probable cause for
37taking the minor into temporary custody and the reasons the minor
38was taken into custody and shall provide the statement to the
39probation officer at the time the minor is delivered to the probation
40officer. In no case shall the officer delay the delivery of the minor
P47   1to the probation officer for more than 24 hours if the minor has
2been taken into custody without a warrant on the belief that the
3minor has committed a misdemeanor.

4In determining which disposition of the minor to make, the
5officer shall prefer the alternative which least restricts the minor’s
6freedom of movement, provided that alternative is compatible with
7the best interests of the minor and the community.

8begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 727 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
9amended to read:end insert

10

727.  

(a) (1) If a minor is adjudged a ward of the court on the
11ground that he or she is a person described by Section 601 or 602,
12the court may make any reasonable orders for the care, supervision,
13custody, conduct, maintenance, and support of the minor, including
14medical treatment, subject to further order of the court.

15(2) In the discretion of the court, a ward may be ordered to be
16on probation without supervision of the probation officer. The
17court, in so ordering, may impose on the ward any and all
18reasonable conditions of behavior as may be appropriate under
19this disposition. A minor who has been adjudged a ward of the
20court on the basis of the commission of any of the offenses
21described in subdivision (b) or paragraph (2) of subdivision (d) of
22Section 707, Section 459 of the Penal Code, or subdivision (a) of
23Section 11350 of the Health and Safety Code, shall not be eligible
24for probation without supervision of the probation officer. A minor
25who has been adjudged a ward of the court on the basis of the
26commission of any offense involving the sale or possession for
27sale of a controlled substance, except misdemeanor offenses
28involving marijuana, as specified in Chapter 2 (commencing with
29Section 11053) of Division 10 of the Health and Safety Code, or
30of an offense in violation of Section 32625 of the Penal Code, shall
31be eligible for probation without supervision of the probation
32officer only when the court determines that the interests of justice
33would best be served and states reasons on the record for that
34determination.

35(3) In all other cases, the court shall order the care, custody, and
36control of the minor to be under the supervision of the probation
37officer who may place the minor in any of the following:

38(A) The approved home of a relative or the approved home of
39a nonrelative, extended family member, as defined in Section
40362.7. If a decision has been made to place the minor in the home
P48   1of a relative, the court may authorize the relative to give legal
2consent for the minor’s medical, surgical, and dental care and
3education as if the relative caretaker were the custodial parent of
4the minor.

5(B) A suitable licensed community care facility.begin insert A placement
6of a child in a community care facility, as specified in Section
71530.8 of the Health and Safety Code, shall be made in accordance
8with Section 319.2 or 319.3, as applicable, and with paragraph
9(8) or (9) of subdivision (e) of Section 361.2, as applicable.end insert

10(C) With a foster family agency to be placed in a suitable
11licensed foster family home or certified family home which has
12been certified by the agency as meeting licensing standards.

13(D) (i) Every minor adjudged a ward of the juvenile court who
14is residing in a placement as defined in subparagraphs (A) to (C),
15inclusive, shall be entitled to participate in age-appropriate
16extracurricular, enrichment, and social activities. No state or local
17regulation or policy may prevent, or create barriers to, participation
18in those activities. Each state and local entity shall ensure that
19private agencies that provide foster care services to wards have
20policies consistent with this section and that those agencies promote
21and protect the ability of wards to participate in age-appropriate
22extracurricular, enrichment, and social activities. A group home
23administrator, a facility manager, or his or her responsible designee,
24and a caregiver, as defined in paragraph (1) of subdivision (a) of
25Section 362.04, shall use a reasonable and prudent parent standard,
26as defined in paragraph (2) of subdivision (a) of Section 362.04,
27in determining whether to give permission for a minor residing in
28foster care to participate in extracurricular, enrichment, and social
29activities. A group home administrator, a facility manager, or his
30or her responsible designee, and a caregiver shall take reasonable
31steps to determine the appropriateness of the activity taking into
32consideration the minor’s age, maturity, and developmental level.

33(ii) A group home administrator or a facility manager, or his or
34her responsible designee, is encouraged to consult with social work
35or treatment staff members who are most familiar with the minor
36at the group home in applying and using the reasonable and prudent
37parent standard.

38(b) (1) To facilitate coordination and cooperation among
39agencies, the court may, at any time after a petition has been filed,
40after giving notice and an opportunity to be heard, join in the
P49   1juvenile court proceedings any agency that the court determines
2has failed to meet a legal obligation to provide services to a minor,
3for whom a petition has been filed under Section 601 or 602, to a
4nonminor, as described in Section 303, or to a nonminor dependent,
5as defined in subdivision (v) of Section 11400. In any proceeding
6in which an agency is joined, the court shall not impose duties
7upon the agency beyond those mandated by law. The purpose of
8joinder under this section is to ensure the delivery and coordination
9of legally mandated services to the minor. The joinder shall not
10be maintained for any other purpose. Nothing in this section shall
11prohibit agencies that have received notice of the hearing on joinder
12from meeting prior to the hearing to coordinate services.

13(2) The court has no authority to order services unless it has
14been determined through the administrative process of an agency
15that has been joined as a party, that the minor, nonminor, or
16nonminor dependent is eligible for those services. With respect to
17mental health assessment, treatment, and case management services
18pursuant to Chapter 26.5 (commencing with Section 7570) of
19Division 7 of Title 1 of the Government Code, the court’s
20determination shall be limited to whether the agency has complied
21with that chapter.

22(3) For the purposes of this subdivision, “agency” means any
23governmental agency or any private service provider or individual
24that receives federal, state, or local governmental funding or
25reimbursement for providing services directly to a child, nonminor,
26or nonminor dependent.

27(c) If a minor has been adjudged a ward of the court on the
28ground that he or she is a person described in Section 601 or 602,
29and the court finds that notice has been given in accordance with
30Section 661, and if the court orders that a parent or guardian shall
31retain custody of that minor either subject to or without the
32supervision of the probation officer, the parent or guardian may
33be required to participate with that minor in a counseling or
34education program including, but not limited to, parent education
35and parenting programs operated by community colleges, school
36districts, or other appropriate agencies designated by the court.

37(d) The juvenile court may direct any reasonable orders to the
38parents and guardians of the minor who is the subject of any
39proceedings under this chapter as the court deems necessary and
40proper to carry out subdivisions (a), (b), and (c) including orders
P50   1to appear before a county financial evaluation officer, to ensure
2the minor’s regular school attendance, and to make reasonable
3efforts to obtain appropriate educational services necessary to meet
4the needs of the minor.

5If counseling or other treatment services are ordered for the
6minor, the parent, guardian, or foster parent shall be ordered to
7participate in those services, unless participation by the parent,
8guardian, or foster parent is deemed by the court to be inappropriate
9or potentially detrimental to the minor.

10begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 11155 of the end insertbegin insertWelfare and Institutions Codeend insert
11begin insert is amended to read:end insert

12

11155.  

(a) Notwithstanding Section 11257, in addition to the
13personal property or resources permitted by other provisions of
14this part, and to the extent permitted by federal law, an applicant
15or recipient for aid under this chapter including an applicant or
16recipient under Chapter 2 (commencing with Section 11200) may
17retain countable resources in an amount equal to the amount
18permitted under federal law for qualification for the federal
19Supplemental Nutrition Assistance Program, administered in
20California as CalFresh.

21(b) The county shall determine the value of exempt personal
22property other than motor vehicles in conformance with methods
23established under CalFresh.

24(c) (1) The value of licensed vehicles shall be the greater of the
25fair market value as provided in paragraph (3) or the equity value,
26as provided in paragraph (5), unless an exemption as provided in
27paragraph (2) applies.

28(2) The entire value of any licensed vehicle shall be exempt if
29any of the following apply:

30(A) It is used primarily for income-producing purposes.

31(B) It annually produces income that is consistent with its fair
32market value, even if used on a seasonal basis.

33(C) It is necessary for long distance travel, other than daily
34commuting, that is essential for the employment of a family
35member.

36(D) It is used as the family’s residence.

37(E) It is necessary to transport a physically disabled family
38member, including an excluded disabled family member, regardless
39of the purpose of the transportation.

P51   1(F) It would be exempted under any of subparagraphs (A) to
2(D), inclusive, but the vehicle is not in use because of temporary
3unemployment.

4(G) It is used to carry fuel for heating for home use, when the
5transported fuel or water is the primary source of fuel or water for
6the family.

7(H) The equity value of the vehicle is one thousand five hundred
8one dollars ($1,501) or less.

9(3) Each licensed vehicle that is not exempted under paragraph
10(2) shall be individually evaluated for fair market value, and any
11portion of the value that exceeds four thousand six hundred fifty
12dollars ($4,650) shall be attributed in full market value toward the
13family’s resource level, regardless of any encumbrances on the
14vehicle, the amount of the family’s investment in the vehicle, and
15whether the vehicle is used to transport family members to and
16from employment.

17(4) Any licensed vehicle that is evaluated for fair market value
18shall also be evaluated for its equity value, except for the following:

19(A) One licensed vehicle per adult family member, regardless
20of the use of the vehicle.

21(B) Any licensed vehicle, other than those to which
22subparagraph (A) applies, that is driven by a family member under
2318 years of age to commute to, and return from his or her place of
24employment or place of training or education that is preparatory
25to employment, or to seek employment. This subparagraph applies
26only to vehicles used during a temporary period of unemployment.

27(5) For purposes of this section, the equity value of a licensed
28vehicle is the fair market value less encumbrances.

29(d) The value of any unlicensed vehicle shall be the fair market
30value less encumbrances, unless an exemption applies under
31paragraph (2).

begin insert

32(e) This section shall remain in effect only until January 1, 2014,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2014, deletes or extends that date.

end insert
begin insert35

begin insertSEC. 13.end insert  

Section 11155 is added to the Welfare and Institutions
36Code
, to read:

37

begin insert11155.end insert  

(a) Notwithstanding Section 11257, in addition to the
38personal property or resources permitted by other provisions of
39this part, and to the extent permitted by federal law, an applicant
40or recipient for aid under this chapter including an applicant or
P52   1recipient under Chapter 2 (commencing with Section 11200) may
2retain countable resources in an amount equal to the amount
3permitted under federal law for qualification for the federal
4Supplemental Nutrition Assistance Program, administered in
5California as CalFresh.

6(b) The county shall determine the value of exempt personal
7property other than motor vehicles in conformance with methods
8established under CalFresh.

9(c) (1) (A) The value of each licensed vehicle that is not exempt
10under paragraph (4) shall be the equity value of the vehicle, which
11shall be the fair market value less encumbrances.

12(B) Any vehicle with an equity value of nine thousand five
13hundred dollars ($9,500) or less shall not be attributed to the
14family’s resource level.

15(C) For each licensed vehicle with an equity value of more than
16nine thousand five hundred dollars ($9,500), the equity value that
17exceeds nine thousand five hundred dollars ($9,500) shall be
18attributed to the family’s resource level.

19(2) The equity threshold described in paragraph (1) of nine
20thousand five hundred dollars ($9,500) shall be adjusted upward
21annually by the increase, if any, in the United States Transportation
22Consumer Price Index for all urban consumers published by the
23United States Department of Labor, Bureau of Labor Statistics.

24(3) The county shall determine the fair market value of the
25vehicle in accordance with a methodology determined by the
26department. The applicant or recipient shall self-certify the amount
27of encumbrance, if any.

28(4) The entire value of any licensed vehicle shall be exempt if
29any of the following apply:

30(A) It is used primarily for income-producing purposes.

31(B) It annually produces income that is consistent with its fair
32market value, even if used on a seasonal basis.

33(C) It is necessary for long distance travel, other than daily
34commuting, that is essential for the employment of a family
35member.

36(D) It is used as the family’s residence.

37(E) It is necessary to transport a physically disabled family
38member, including an excluded disabled family member, regardless
39of the purpose of the transportation.

P53   1(F) It would be exempted under any of subparagraphs (A) to
2(D), inclusive, but the vehicle is not in use because of temporary
3unemployment.

4(G) It is used to carry fuel for heating for home use, when the
5transported fuel or water is the primary source of fuel or water
6for the family.

7(H) Ownership of the vehicle was transferred through a gift,
8donation, or family transfer, as defined by the Department of Motor
9 Vehicles.

10(d) This section shall become operative on January 1, 2014.

end insert
11begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 11265 of the end insertbegin insertWelfare and Institutions Codeend insert
12begin insert is amended to read:end insert

13

11265.  

(a) The county shall redetermine eligibility annually.
14The county shall at the time of the redetermination, and may at
15other intervals as may be deemed necessary, require the family to
16complete a certificate of eligibility containing a written declaration
17of the information that may be required to establish the continuing
18eligibility and amount of grant pursuant to Section 11004.

19(b) begin insert(1)end insertbegin insertend insert The certificate shall include blanks wherein shall be
20stated the names of all children receiving aid, their present place
21of residence, the names and status of any other adults living in the
22home, the name, and if known, the social security number and
23present whereabouts of a parent who is not living in the home, and
24any outside income that may have been received through
25employment, gifts, or the sale of real or personal property.

begin delete

26Each

end delete

27begin insert(2)end insertbegin insertend insertbegin insertEachend insert adult member of the family shall provide, under penalty
28of perjury, the information necessary to complete the certificate.

29(c) begin insert(1)end insertbegin insertend insert If the certificate is mailed to the family, it shall be
30accompanied by a stamped envelope for its return.begin delete In the eventend deletebegin insert Ifend insert
31 the certificate is not completed and returned within 10 days after
32it is mailed or personally delivered to the family, a home visit or
33other personal meeting shall be made to or with the family, and
34the certificate shall then be completed with the assistance of the
35eligibility worker, if needed.

begin delete

36The

end delete

37begin insert(2)end insertbegin insertend insertbegin insertTheend insert department may adopt regulations providing for waiver
38of the deadline for returning the completed certificate when the
39recipient is considered to be mentally or physically unable to meet
40the deadline.

begin insert

P54   1(d) (1) A county shall comply with the reporting provisions of
2this section until the county certifies to the director that semiannual
3reporting has been implemented in the county.

end insert
begin insert

4(2) This section shall become inoperative on October 1, 2013,
5and as of January 1, 2014, is repealed, unless a later enacted
6statute that is enacted before January 1, 2014, deletes or extends
7the dates on which it becomes inoperative and is repealed.

end insert
begin insert8

begin insertSEC. 15.end insert  

Section 11265 is added to the Welfare and Institutions
9Code
, to read:

10

begin insert11265.end insert  

(a) The county shall redetermine eligibility annually.
11The county shall at the time of the redetermination, and may at
12other intervals as may be deemed necessary, require the family to
13complete a certificate of eligibility containing a written declaration
14of the information that may be required to establish the continuing
15eligibility and amount of grant pursuant to Section 11004.

16(b) (1) The certificate shall include blanks wherein shall be
17stated the names of all children receiving aid, their present place
18of residence, the names and status of any other adults living in the
19home, the name and, if known, the social security number and
20present whereabouts of a parent who is not living in the home,
21and any outside income that may have been received through
22employment, gifts, or the sale of real or personal property.

23(2) Each adult member of the family shall provide, under penalty
24of perjury, the information necessary to complete the certificate.

25(c) (1) If the certificate is mailed to the family, it shall be mailed
26no later than the end of the month prior to the month it is due and
27shall be accompanied by a postage-paid envelope for its return.
28If a complete certificate is not received by the 15th day of the month
29in which the certificate is due, the county shall provide the recipient
30with a notice that the county will terminate benefits at the end of
31the month. Prior to terminating benefits, the county shall attempt
32to make personal contact by a county worker to remind the
33recipient that a completed certificate is due. The certificate shall
34be completed with the assistance of the eligibility worker, if needed.
35For recipients also receiving CalFresh benefits, the certificate
36shall be completed pursuant to the timeframes required by federal
37and state law for the CalFresh program.

38(2) The department may adopt regulations providing for waiver
39of the deadline for returning the completed certificate when the
P55   1recipient is considered to be mentally or physically unable to meet
2the deadline.

3(d) (1)   This section shall become operative on April 1, 2013. A
4county shall implement the requirements of this section no later
5than October 1, 2013.

6(2) Upon implementation described in paragraph (1), each
7county shall provide a certificate to the director certifying that
8semiannual reporting has been implemented in the county.

9(3) Upon filing the certificate described in paragraph (2), a
10county shall comply with this section.

end insert
11begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 11265.1 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
12as added by Section 7 of Chapter 501 of the Statutes of 2011, is
13amended to read:end insert

14

11265.1.  

(a) begin deleteIn addition to the requirement for an annual
15redetermination of eligibility, counties end delete
begin insertCounties end insertshall redetermine
16recipient eligibility and grant amounts on a semiannual basis in a
17prospective manner, using reasonably anticipated income consistent
18with Section 5 of the federal Foodbegin delete Stampend deletebegin insert and Nutritionend insert Actbegin insert of
192008end insert
(7 U.S.C. Sec.begin delete 2014(f)(3)(A)),end deletebegin insert 2014(f)(3)(A)) and any
20subsequent amendments thereto,end insert
implementing regulations, and
21any waivers obtained by the department pursuant tobegin delete subdivision
22(g) ofend delete
Sectionbegin delete 11265.2end deletebegin insert 18910end insert. Counties shall use the information
23reported on a recipient’s semiannual report formbegin insert end insertbegin insertor annual
24certificate of eligibility required pursuant to Section 11265end insert
to
25prospectively determine eligibility and the grant amount forbegin delete the
26followingend delete
begin insert eachend insert semiannual reporting period.

27(b) A semiannual reporting period shall be six consecutive
28calendar months. begin delete The recipient shall submit one semiannual report
29form for each semiannual reporting period. Countiesend delete
begin insert In addition end insert
30begin insertto the annual certificate of eligibility required pursuant to Section
3111265, a semiannual report form shall be required during the first
32semiannual reporting period following the application or annual
33redetermination.end insert

34begin insert(c)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertThe recipient shall submit a semiannual report form
35during the first semiannual reporting period following the
36application or annual redetermination of eligibility.end insert

37begin insert(2)end insertbegin insertend insertbegin insertCountiesend insert shall provide a semiannual report form to recipients
38at the end of the fifth month of the semiannual reporting period,
39and recipients shall return the completed semiannual report form
P56   1with required verification to the county by the 11th day of the sixth
2month of the semiannual reporting period.

begin delete

3(c)

end delete

4begin insert(3)end insert The semiannual report form shall be signed under penalty
5of perjury, and shall include only the information necessary to
6determine CalWORKs and CalFresh eligibility and calculate the
7CalWORKs grant amount and CalFresh allotment, as specified by
8the department. The form shall bebegin delete as comprehensibleend deletebegin insert written in
9language that is as understandableend insert
as possible for recipients and
10shall require recipients to provide the following:

begin delete

11(1)

end delete

12begin insert(A)end insert Information about income received during the fifth month
13of the semiannual reporting period.

begin delete

14(2)

end delete

15begin insert(B)end insert Any other changes to facts required to be reported. The
16recipient shall provide verification as specified by the department
17with the semiannual report form.

begin delete

18(d) A

end delete

19begin insert(4)end insertbegin insertend insertbegin insertTheend insert semiannual report form shall be considered complete
20if the following requirements, as specified by the department, are
21met:

begin delete

22(1)

end delete

23begin insert(A)end insert The form is signed no earlier than the first day of the sixth
24month of the semiannual reporting period by the persons specified
25by the department.

begin delete

26(2)

end delete

27begin insert(B)end insert All questions and items pertaining to CalWORKs and
28CalFresh eligibility and grant amounts are answered.

begin delete

29(3)

end delete

30begin insert(C)end insert Verification required by the department is provided.

begin delete

31(e)

end delete

32begin insert(5)end insert If a recipient fails to submit a complete semiannual report
33form, as described inbegin delete subdivision (d)end deletebegin insert paragraph (4)end insert, by the 11th
34day of the sixth month of the semiannual reporting period, the
35county shall provide the recipient with a notice that the county
36will terminate benefits at the end of the month. Prior to terminating
37benefits, the county shall attempt to make personal contactbegin insert by a
38county workerend insert
to remind the recipient that a completed report is
39begin delete due,end deletebegin insert dueend insert or, if contact is not made, shall send a reminder notice to
40the recipient no later than five days prior to the end of the month.
P57   1Any discontinuance notice shall be rescinded if a complete report
2is received by thebegin insert end of theend insert first working day of the first month
3of the following semiannual reporting period.

begin delete

4(f)

end delete

5begin insert(6)end insert The county may determine, at any time prior to the last day
6of the calendar month following discontinuance for nonsubmission
7of a semiannual report form, that a recipient had good cause for
8failing to submit a complete semiannual report form, as described
9inbegin delete subdivision (d)end deletebegin insert paragraph (4)end insert, by thebegin insert end of theend insert first working
10day of the month following discontinuance. If the county finds a
11recipient had good cause, as defined by the department, it shall
12rescind the discontinuance notice. Good cause exists only when
13the recipient cannot reasonably be expected to fulfill his or her
14reporting responsibilities due to factors outside of the recipient’s
15control.

begin delete

16(g)

end delete

17begin insert(d)end insert Administrative savings that may be reflected in thebegin insert annualend insert
18 Budget Act due to the implementation of semiannual reporting
19pursuant to the act that added this section shall not exceed the
20amount necessary to fund the net General Fundbegin insert and TANFend insert costs
21of the semiannual reporting provisions of that act. Possible
22additional savings in excess of this amount may only be reflected
23in thebegin insert annualend insert Budget Act to the extent that they are based on actual
24savings related to the change to semiannual reporting calculated
25based on data developed in consultation with the County Welfare
26Directors Association (CWDA).

begin delete

27(h)

end delete

28begin insert(e)end insert The department, in consultation with the CWDA, shall
29update the relevant policy and fiscal committees of the Legislature
30as information becomes available regarding the effects upon the
31program efficiency of implementation of semiannual reporting
32requirements set forth in Section 11004.1. The update shall be
33based on data collected by CWDA and select counties. The
34department, in consultation with CWDA, shall determine the data
35collection needs required to assess the effects of the semiannual
36reporting.

begin delete

37(i)

end delete

38begin insert(f)end insert Counties may establish staggered semiannual reporting cycles
39for individual recipients, based on factors established or approved
40by the department,begin delete including, but not limited to, application date
P58   1or case number;end delete
begin insert provided the semiannual reporting cycle is aligned
2with the annual redetermination of eligibility;end insert
however, all
3recipients within a county must be transitioned to a semiannual
4 reporting system simultaneously. Up to and until the establishment
5of a countywide semiannual system, counties shall operate a
6quarterly system, as established by law and regulation applicable
7immediately prior to the establishment of the semiannual reporting
8system.

begin delete

9(j)

end delete

10begin insert(g)end insert (1) This section shall become operative on April 1, 2013.
11A county shall implement the semiannual reporting requirements
12in accordance with the act that added this section no later than
13October 1, 2013.

14(2) Upon implementation described in paragraph (1), each
15county shall provide a certificate to the director certifying that
16semiannual reporting has been implemented in the county.

17(3) Upon filing the certificate described in paragraph (2), a
18county shall comply with the semiannual reporting provisions of
19this section.

20begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 11265.2 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
21as added by Section 9 of Chapter 501 of the Statutes of 2011, is
22amended to read:end insert

23

11265.2.  

(a) The grant amount a recipient shall be entitled to
24receive for each month of the semiannual reporting period shall
25be prospectively determined as provided by this section. If a
26recipient reports that he or she does not anticipate any changes in
27income during the upcomingbegin delete quarter,end deletebegin insert semiannual period,end insert compared
28to the income the recipient reported actually receiving on the
29semiannual reportbegin delete form,end deletebegin insert form end insertbegin insertor the annual certificate of eligibility
30required pursuant to Section 11265,end insert
the grant shall be calculated
31using the actual income received. If a recipient reports that he or
32she anticipates a change in income in one or more months of the
33upcoming semiannual period, the county shall determine whether
34the recipient’s income is reasonably anticipated. The grant shall
35be calculated using the income that the county determines is
36reasonably anticipatedbegin delete in each of the six months ofend deletebegin insert forend insert the
37upcoming semiannual period.

38(b) For the purposes of the semiannual reporting, prospective
39budgeting system, income shall be considered to be “reasonably
40anticipated” if the county is reasonably certain of the amount of
P59   1income and that the income will be received during the semiannual
2reporting period. The county shall determine what income is
3“reasonably anticipated” based on information provided by the
4recipient and any other available information.

5(c) If a recipient reports that his or her income in the upcoming
6semiannual period will be different each month and the county
7needs additional information to determine a recipient’s reasonably
8anticipated income for the following semiannual period, the county
9may require the recipient to provide information about income for
10each month of the prior semiannual period.

11(d) Grant calculations pursuant to subdivision (a) may not be
12revised to adjust the grant amount during the semiannual reporting
13period, except as provided in Section 11265.3 and subdivisions
14(e), (f), (g), and (h), and as otherwise established by the department.

15(e) Notwithstanding subdivision (d), statutes and regulations
16relating to (1) the 48-month time limit, (2) age limitations for
17children under Section 11253, and (3) sanctions and financial
18penalties affecting eligibility or grant amount shall be applicable
19as provided in those statutes and regulations. Eligibility and grant
20amount shall be adjusted during the semiannual reporting period
21pursuant to those statutes and regulations effective with the first
22monthly grant after timely and adequate notice is provided.

23(f) Notwithstanding Section 11056, if an applicant applies for
24assistance for a child who is currently aided in another assistance
25unit, and the county determines that the applicant has care and
26control of the child, as specified by the department, and is
27otherwise eligible, the county shall discontinue aid to the child in
28the existing assistance unit and shall aid the child in the applicant’s
29assistance unit effective as of the first of the month following the
30discontinuance of the child from the existing assistance unit.

31(g) If the county is notified that a child for whom CalWORKs
32assistance is currently being paid has been placed in a foster care
33home, the county shall discontinue aid to the child at the end of
34the month of placement. The county shall discontinue the case if
35the remaining assistance unit members are not otherwise eligible.

36(h) If the county determines that a recipient is no longer a
37California resident, pursuant to Section 11100, the recipient shall
38bebegin delete discontinued.end deletebegin insert discontinued with timely and adequate notice.end insert
39 The county shall discontinue the case if the remaining assistance
40unit members are not otherwise eligible.

P60   1(i) (1) This section shall become operative on April 1, 2013. A
2county shall implement the semiannual reporting requirements in
3accordance with the act that added this section no later than October
41, 2013.

5(2) Upon implementation described in paragraph (1), each
6county shall provide a certificate to the director certifying that
7semiannual reporting has been implemented in the county.

8(3) Upon filing the certificate described in paragraph (2), a
9county shall comply with the semiannual reporting provisions of
10this section.

11begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 11265.3 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
12as added by Section 11 of Chapter 501 of the Statutes of 2011, is
13amended to read:end insert

14

11265.3.  

(a) In addition to submitting the semiannual report
15form as required in Section 11265.1, the department shall establish
16an income reporting threshold for recipients of CalWORKs.

17(b) The CalWORKs income reporting threshold shall be the
18lesser of the following:

19(1) Fifty-five percent of the monthly income for a family of
20three at the federal poverty level, plus the amount of income last
21used to calculate the recipient’s monthly benefits.

22(2) The amount likely to render the recipient ineligible for
23begin delete federal Supplemental Nutrition Assistance Programend deletebegin insert CalWORKsend insert
24 benefits.

25(3) The amount likely to render the recipient ineligible for
26begin delete CalWORKsend deletebegin insert federal Supplemental Nutrition Assistance Programend insert
27 benefits.

28(c) A recipient shall report to the county, orally or in writing,
29within 10 days, when any of the following occurs:

30(1) The monthly household income exceeds the threshold
31established pursuant to this section.

32(2) The household address has changed.begin insert The act of failing to
33report an address change shall not, in and of itself, result in a
34reduction in aid or termination of benefits.end insert

35(3) A drug felony conviction, as specified in Section 11251.3.

36(4) An incidence of an individual fleeing prosecution or custody
37or confinement, or violating a condition of probation or parole, as
38specified in Section 11486.5.

39(d) At least once per semiannual reporting period, counties shall
40inform each recipient of all of the following:

begin insert

P61   1(1) The amount of the recipient’s income reporting threshold.

end insert
begin delete

2(1)

end delete

3begin insert(2)end insert The duty to report under this section.

begin delete

4(2)

end delete

5begin insert(3)end insert The consequences of failing to report.

begin delete

6(3) The amount of the recipient’s income reporting threshold.

end delete

7(e) When a recipient reports income exceeding the reporting
8threshold, the county shall redetermine eligibility and the grant
9amount as follows:

10(1) If the recipient reports the increase in income for the first
11through fifth months of a current semiannual reporting period, the
12county shall verify the report and determine the recipient’s financial
13eligibility and grant amount.

14(A) If the recipient is determined to be financially ineligible
15based on the increase in income, the county shall discontinue the
16recipient with timely and adequate notice, effective at the end of
17the month in which the income was received.

18(B) If it is determined that the recipient’s grant amount should
19decrease based on the increase in income, the county shall reduce
20the recipient’s grant amount for the remainder of the semiannual
21reporting period with timely and adequate notice, effective the
22first of the month following the month in which the income was
23received.

24(2) If the recipient reports an increase in income for the sixth
25month of a current semiannual reporting period, the county shall
26not redetermine eligibility for the current semiannual reporting
27period, but shall consider this income in redetermining eligibility
28and the grant amount for the following semiannual reporting period,
29as provided inbegin delete Sectionend deletebegin insert Sections 11265.1 andend insert 11265.2.

30(f) Counties shall act upon changes in income voluntarily
31reported during the semiannual reporting period that result in an
32increase in benefits, only after verification specified by the
33department is received. Reported changes in income that increase
34the grants shall be effective for the entire month in which the
35change is reported. If the reported change in income results in an
36increase in benefits, the county shall issue the increased benefit
37amount within 10 days of receiving required verification.

38(g) (1) When a decrease in gross monthly income is voluntarily
39reported and verified, the county shallbegin delete redetermineend deletebegin insert recalculateend insert the
40grant for the current month and any remaining months in the
P62   1semiannual reporting periodbegin delete by averagingend deletebegin insert pursuant to Sections
211265.1 and 11265.2 based onend insert
the actual gross monthly income
3reported and verified from the voluntary report for the current
4month and the gross monthly income that is reasonably anticipated
5for any futurebegin delete monthend deletebegin insert monthsend insert remaining in the semiannual reporting
6period.

7(2) When thebegin delete averageend deletebegin insert anticipated incomeend insert is determined pursuant
8to paragraph (1), and a grant amount is calculated based upon the
9begin delete averagedend deletebegin insert newend insert income, if the grant amount is higher than the grant
10currently in effect, the county shall revise the grant for the current
11month and any remaining months in the semiannual reporting
12period to the higher amount and shall issue any increased benefit
13amount as provided in subdivision (f).

14(h) During the semiannual reporting period, a recipient may
15report to the county, orally or in writing, any changes in income
16and household circumstances that may increase the recipient’s
17grant. Except as provided in subdivision (i), counties shall act only
18upon changes in household composition voluntarily reported by
19the recipients during the semiannual reporting period that result
20in an increase in benefits, after verification specified by the
21department is received. If the reported change in household
22composition is for the first through fifth month of the semiannual
23reporting period and results in an increase in benefits, the county
24shallbegin delete redetermineend deletebegin insert recalculateend insert the grant effective for the month
25following the month in which the change was reported. If the
26reported change in household composition is for the sixth month
27of a semiannual reporting period, the county shall not redetermine
28the grant for the current semiannual reporting period, but shall
29redetermine the grant for the following reporting period as provided
30inbegin delete Sectionend deletebegin insert Sections 11265.1 andend insert 11265.2.

31(i) During the semiannual reporting period, a recipient may
32request that the county discontinue the recipient’s entire assistance
33unit or any individual member of the assistance unit who is no
34longer in the home or is an optional member of the assistance unit.
35If the recipient’s requestbegin delete wasend deletebegin insert isend insert verbal, the county shall provide a
3610-day notice before discontinuing benefits. If the recipient’sbegin delete report
37wasend delete
begin insert request isend insert in writing, the county shall discontinue benefits
38effective the end of the month in which the request is made, and
39simultaneously issue a notice informing the recipient of the
40discontinuance.

P63   1(j) (1) This section shall become operative on April 1, 2013. A
2county shall implement the semiannual reporting requirements in
3accordance with the act that added this section no later than October
41, 2013.

5(2) Upon implementation described in paragraph (1), each
6county shall provide a certificate to the director certifying that
7semiannual reporting has been implemented in the county.

8(3) Upon filing the certificate described in paragraph (2), a
9county shall comply with the semiannual reporting provisions of
10this section.

11begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 11265.4 of the end insertbegin insertWelfare and Institutions Codeend insert
12begin insert is amended to read:end insert

13

11265.4.  

(a) If a recipient submits a complete report form
14within the month following the discontinuance for nonsubmission
15of a report form pursuant to Section 11265.1, the county shall
16restore benefits to the household, without requiring a new
17application or interview, and shall prorate benefits from the date
18that the household provides the completed report form. These
19households shall be considered recipient cases and shall not be
20subject to applicant eligibility criteria. A recipient of transitional
21CalFresh benefits shall not receive prorated CalFresh benefits
22during the same month.

23(b) This section shall not be implemented until the department
24has obtained all necessary federal approvals under the federal Food
25and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.).

begin delete

26(c) This section shall become operative on July 1, 2012.

end delete
begin insert

27(c) (1) A county shall comply with this section until the county
28certifies to the director that semiannual reporting has been
29implemented in the county.

end insert
begin insert

30(2) This section shall become inoperative on October 1, 2013,
31and as of January 1, 2014, is repealed, unless a later enacted
32statute that is enacted before January 1, 2014, deletes or extends
33the dates on which it becomes inoperative and is repealed.

end insert
34begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 11265.4 is added to the end insertbegin insertWelfare and
35Institutions Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert11265.4.end insert  

(a) If a recipient submits a complete report form
37within the month following the discontinuance for nonsubmission
38of a semiannual report form required pursuant to subdivision (c)
39of Section 11265.1, the county shall restore benefits to the
40household, without requiring a new application or interview, and
P64   1shall prorate benefits from the date that the household provides
2the completed report form. These households shall be considered
3recipient cases and shall not be subject to applicant eligibility
4criteria. A recipient of transitional CalFresh benefits shall not
5receive prorated CalFresh benefits during the same month. This
6section shall not apply to the annual certificate of eligibility
7required to be completed pursuant to Section 11265.

8(b) This section shall not be implemented until the department
9has obtained all necessary federal approvals under the federal
10Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.).

11(c) (1) This section shall become operative on April 1, 2013.
12A county shall implement the requirements of this section no later
13than October 1, 2013.

14(2) Upon implementation described in paragraph (1), each
15county shall provide a certificate to the director certifying that
16semiannual reporting has been implemented in the county.

17(3) Upon filing the certificate described in paragraph (2), a
18county shall comply with this section.

end insert
19begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 11320.1 of the end insertbegin insertWelfare and Institutions Codeend insert
20begin insert is amended to read:end insert

21

11320.1.  

Subsequent to the commencement of the receipt of
22aid under this chapter, the sequence of employment related
23activities required of participants under this article, unless
24exempted under Section 11320.3, shall be as follows:

25(a) Job search. Recipients shall, and applicants may, at the
26option of a county and with the consent of the applicant, receive
27orientation to the welfare-to-work program provided under this
28article, receive appraisal pursuant to Section 11325.2, and
29participate in job search and job club activities provided pursuant
30to Section 11325.22.

31(b) Assessment. If employment is not found during the period
32provided for pursuant to subdivision (a), or at any time the county
33determines that participation in job search for the period specified
34in subdivision (a) of Section 11325.22 is not likely to lead to
35employment, the participant shall be referred to assessment, as
36provided for in Section 11325.4. Following assessment, the county
37and the participant shall develop a welfare-to-work plan, as
38specified in Section 11325.21. The plan shall specify the activities
39provided for in Section 11322.6 to which the participant shall be
P65   1assigned, and the supportive services, as provided for pursuant to
2Section 11323.2, with which the recipient will be provided.

3(c) Work activities. A participant who has signed a
4welfare-to-work plan pursuant to Section 11325.21 shall participate
5in work activities, as described in this article.

begin insert

6(d) This section shall remain in effect only until January 1, 2014,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2014, deletes or extends that date.

end insert
begin insert9

begin insertSEC. 22.end insert  

Section 11320.1 is added to the Welfare and
10Institutions Code
, to read:

11

begin insert11320.1.end insert  

Subsequent to the commencement of the receipt of
12aid under this chapter, the sequence of employment-related
13activities required of recipients under this article, unless exempted
14under Section 11320.3, shall be as follows:

15(a) Orientation and appraisal. Recipients shall, and applicants
16may, at the option of a county and with the consent of the applicant,
17receive orientation to the welfare-to-work program provided under
18this article and receive appraisal pursuant to Section 11325.2.

19(b) After orientation and appraisal, recipients shall participate
20in job search and job club pursuant to Section 11325.22, family
21stabilization pursuant to Section 11325.24, or substance abuse,
22mental health, or domestic violence services, unless the county
23determines that the recipient should first go to assessment pursuant
24to subdivision (c).

25(c) Assessment. If employment is not found during the period
26provided for pursuant to subdivision (b), or at any time the county
27determines that participation in job search for the period specified
28in subdivision (a) of Section 11325.22 is not likely to lead to
29employment or that, based on information gathered during the
30appraisal, further information is needed to make an effective
31determination regarding the recipient’s next welfare-to-work
32activity, the recipient shall be referred to assessment, as provided
33for in Section 11325.4. Following assessment, the county and the
34recipient shall develop a welfare-to-work plan, as specified in
35Section 11325.21. The plan shall specify the activities provided
36for in Section 11322.6 to which the recipient shall be assigned,
37and the supportive services, as provided for pursuant to Section
3811323.2, with which the recipient will be provided.

P66   1(d) Work activities. A recipient who has signed a
2welfare-to-work plan pursuant to Section 11325.21 shall
3participate in work activities, as described in this article.

4(e) This section shall become operative on January 1, 2014.

end insert
5begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 11322.63 of the end insertbegin insertWelfare and Institutions
6Code
end insert
begin insert, as amended by Section 13 of Chapter 47 of the Statutes of
72012, is amended to read:end insert

8

11322.63.  

(a) For counties that implement a welfare-to-work
9plan that includes activities pursuant to subdivisions (b) and (c)
10of Section 11322.6, the State Department of Social Services shall
11pay the county 50 percent, less fifty-six dollars ($56), of the total
12wage costs of an employee for whom a wage subsidy is paid,
13subject to all of the following conditions:

14(1) (A) For participants receiving CalWORKs aid, the maximum
15state contribution of the total wage cost shall not exceed 100
16percent of the computed grant for the assistance unit in the month
17prior to participation in subsidized employment.

18(B) For participants who have received aid in excess of the time
19limits provided in subdivision (a) of Section 11454, the maximum
20state contribution of the total wage cost, shall not exceed 100
21percent of the computed grant for the assistance unit in the month
22prior to participation in subsidized employment.

23(C) In the case of an individual who participates in subsidized
24employment as a service provided by a county pursuant to Section
2511323.25, the maximum state contribution of the total wage cost
26shall not exceed 100 percent of the computed grant that the
27assistance unit received in the month prior to participation in the
28subsidized employment.

29(D) The maximum state contribution, as defined in this
30paragraph, shall remain in effect until the end of the subsidy period
31as specified in paragraph (2), including with respect to subsidized
32employment participants whose wage results in the assistance unit
33no longer receiving a CalWORKs grant.

34(E) State funding provided for total wage costs shall only be
35used to fund wage and nonwage costs of the county’s subsidized
36employment program.

37(2) State participation in the total wage costs pursuant to this
38section shall be limited to a maximum of six months of wage
39subsidies for each participant. If the county finds that a longer
40subsidy period is necessary in order to mutually benefit the
P67   1employer and the participant, state participation in a subsidized
2wage may be offered for up to 12 months.

3(3) Eligibility for entry into subsidized employment funded
4under this section shall be limited to individuals who are not
5otherwise employed at the time of entry into the subsidized job,
6and who are current CalWORKs recipients, sanctioned individuals,
7or individuals described in Section 11320.15 who have exceeded
8the time limits specified in subdivision (a) of Section 11454. A
9county may continue to provide subsidized employment funded
10under this section to individuals who become ineligible for
11CalWORKs benefits in accordance with Section 11323.25.

12(b) Upon application for CalWORKs after a participant’s
13subsidized employment ends, if an assistance unit is otherwise
14eligible within three calendar months of the date that subsidized
15employment ended, the income exemption requirements contained
16in Section 11451.5 and the work requirements contained in
17subdivision (c) of Section 11201 shall apply. If aid is restored after
18the expiration of that three-month period, the income exemption
19requirements contained in Section 11450.12 and the work
20requirements contained in subdivision (b) of Section 11201 shall
21apply.

22(c) The department, in conjunction with representatives of
23county welfare offices and their directors and the Legislative
24Analyst’s Office, shall assess the cost neutrality of the subsidized
25employment program pursuant to this section and make
26recommendations to the Legislature, if necessary, to ensure cost
27neutrality. The department shall testify regarding the cost neutrality
28of the subsidized employment program during the 2012-13 fiscal
29year legislative budget hearings.

30(d) No later than January 10, 2013, the State Department of
31Social Services shall submit a report to the Legislature on the
32outcomes of implementing this section that shall include, but need
33not be limited to, all of the following:

34(1) The number of CalWORKs recipients that entered subsidized
35employment.

36(2) The number of CalWORKs recipients who found
37nonsubsidized employment after the subsidy ends.

38(3) The earnings of the program participants before and after
39the subsidy.

P68   1(4) The impact of this program on the state’s work participation
2rate.

3(e) Payment of the state’s share in total wage costs required by
4this section shall be made in addition to, and independent of, the
5county allocations made pursuant to Section 15204.2.

begin insert

6(f) (1) Commencing July 1, 2013, a county that accepts
7additional funding for expanded subsidized employment for
8CalWORKs recipients in accordance with Section 11322.64 shall
9continue to expend no less than the aggregate amount of funding
10received by the county pursuant to Section 15204.2 that the county
11expended on subsidized employment pursuant to this section in
12the 2012-13 fiscal year.

end insert
begin insert

13(2) This subdivision shall not apply for any fiscal year in which
14the total CalWORKs caseload is projected by the department to
15increase more than 5 percent of the total actual CalWORKs
16caseload in the 2012-13 fiscal year.

end insert
begin delete

17(f)

end delete

18begin insert(g)end insert For purposes of this section, “total wage costs” include the
19actual wage paid directly to the participant that is allowable under
20the Temporary Assistance for Needy Families program.

begin delete

21(g)

end delete

22begin insert(h)end insert This section shall become inoperative on October 1, 2013,
23and as of January 1, 2014, is repealed unless a later enacted statute
24that is enacted before January 1, 2014, deletes or extends that date.

25begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 11322.63 of the end insertbegin insertWelfare and Institutions
26Code
end insert
begin insert, as added by Section 14 of Chapter 47 of the Statutes of 2012,
27is amended to read:end insert

28

11322.63.  

(a) For counties that implement a welfare-to-work
29plan that includes subsidized private sector or public sector
30employment activities, the State Department of Social Services
31shall pay the county 50 percent, less one hundred thirteen dollars
32($113), of the total wage costs of an employee for whom a wage
33subsidy is paid, subject to all of the following conditions:

34(1) (A) For participants receiving CalWORKs aid, the maximum
35state contribution of the total wage cost shall not exceed 100
36percent of the computed grant for the assistance unit in the month
37prior to participation in subsidized employment.

38(B) For participants who have received aid in excess of the time
39limits provided in subdivision (a) of Section 11454, the maximum
40state contribution of the total wage cost shall not exceed 100
P69   1percent of the computed grant for the assistance unit in the month
2prior to participation in subsidized employment.

3(C) In the case of an individual who participates in subsidized
4employment as a service provided by a county pursuant to Section
511323.25, the maximum state contribution of the total wage cost
6shall not exceed 100 percent of the computed grant that the
7assistance unit received in the month prior to participation in the
8subsidized employment.

9(D) The maximum state contribution, as defined in this
10paragraph, shall remain in effect until the end of the subsidy period
11as specified in paragraph (2), including with respect to subsidized
12employment participants whose wage results in the assistance unit
13no longer receiving a CalWORKs grant.

14(E) State funding provided for total wage costs shall only be
15used to fund wage and nonwage costs of the county’s subsidized
16employment program.

17(2) State participation in the total wage costs pursuant to this
18section shall be limited to a maximum of six months of wage
19subsidies for each participant. If the county finds that a longer
20subsidy period is necessary in order to mutually benefit the
21employer and the participant, state participation in a subsidized
22wage may be offered for up to 12 months.

23(3) Eligibility for entry into subsidized employment funded
24under this section shall be limited to individuals who are not
25otherwise employed at the time of entry into the subsidized job,
26and who are current CalWORKs recipients, sanctioned individuals,
27or individuals described in Section 11320.15 who have exceeded
28the time limits specified in subdivision (a) of Section 11454. A
29county may continue to provide subsidized employment funded
30under this section to individuals who become ineligible for
31CalWORKs benefits in accordance with Section 11323.25.

32(b) Upon application for CalWORKs after a participant’s
33subsidized employment ends, if an assistance unit is otherwise
34eligible within three calendar months of the date that subsidized
35employment ended, the income exemption requirements contained
36in Section 11451.5 and the work requirements contained in
37subdivision (c) of Section 11201 shall apply. If aid is restored after
38the expiration of that three-month period, the income exemption
39requirements contained in Section 11450.12 and the work
P70   1requirements contained in subdivision (b) of Section 11201 shall
2apply.

3(c) The department, in conjunction with representatives of
4county welfare offices and their directors and the Legislative
5Analyst’s Office, shall assess the cost neutrality of the subsidized
6employment program pursuant to this section and make
7recommendations to the Legislature, if necessary, to ensure cost
8neutrality. The department shall testify regarding the cost neutrality
9of the subsidized employment program during the 2012-13 fiscal
10year legislative budget hearings.

11(d) No later than January 10, 2013, the State Department of
12Social Services shall submit a report to the Legislature on the
13outcomes of implementing this section that shall include, but need
14not be limited to, all of the following:

15(1) The number of CalWORKs recipients that entered subsidized
16employment.

17(2) The number of CalWORKs recipients who found
18nonsubsidized employment after the subsidy ends.

19(3) The earnings of the program participants before and after
20the subsidy.

21(4) The impact of this program on the state’s work participation
22rate.

23(e) Payment of the state’s share in total wage costs required by
24this section shall be made in addition to, and independent of, the
25county allocations made pursuant to Section 15204.2.

begin insert

26(f) (1) A county that accepts additional funding for expanded
27subsidized employment for CalWORKs recipients in accordance
28with Section 11322.64 shall continue to expend no less than the
29aggregate amount of funding received by the county pursuant to
30Section 15204.2 that the county expended on subsidized
31employment pursuant to this section in the 2012-13 fiscal year.

end insert
begin insert

32(2) This subdivision shall not apply for any fiscal year in which
33the total CalWORKs caseload is projected by the department to
34increase more than 5 percent of the total actual CalWORKs
35caseload in the 2012-13 fiscal year.

end insert
begin delete

36(f)

end delete

37begin insert(g)end insert For purposes of this section, “total wage costs” include the
38actual wage paid directly to the participant that is allowable under
39the Temporary Assistance for Needy Families program.

begin delete

40(g)

end delete

P71   1begin insert(h)end insert This section shall become operative on October 1, 2013.

begin insert2

begin insertSEC. 25.end insert  

Section 11322.64 is added to the Welfare and
3Institutions Code
, to read:

4

begin insert11322.64.end insert  

(a) (1) The department, in consultation with the
5County Welfare Directors Association of California, shall develop
6an allocation methodology to distribute additional funding for
7expanded subsidized employment programs for CalWORKs
8recipients.

9(2) Funds allocated pursuant to this section may be utilized to
10cover all expenditures related to the operational costs of the
11expanded subsidized employment program, including the cost of
12overseeing the program, developing work sites, and providing
13training to participants, as well as wage and nonwage costs.

14(3) The department, in consultation with the County Welfare
15Directors Association of California, shall determine the amount
16or proportion of funding allocated pursuant to this section that
17may be utilized for operational costs, consistent with the number
18of employment slots anticipated to be created and the funding
19provided.

20(b) Funds allocated for expanded subsidized employment shall
21be in addition to, and independent of, the county allocations made
22pursuant to Section 15204.2 and shall not be used by a county to
23fund subsidized employment pursuant to Section 11322.63.

24(c) Each county shall submit to the department a plan regarding
25how it intends to utilize the funds allocated pursuant to this section.

26(d) (1) Participation in subsidized employment pursuant to this
27section shall be limited to a maximum of six months for each
28participant.

29(2) Notwithstanding paragraph (1), a county may extend
30participation beyond the six-month limitation described in
31paragraph (1) for up to an additional three months at a time, to a
32maximum of no more than 12 total months. Extensions may be
33granted pursuant to this paragraph if the county determines that
34the additional time will increase the likelihood of either of the
35following:

36(A) The participant obtaining unsubsidized employment with
37the participating employer.

38(B) The participant obtaining specific skills and experiences
39relevant for unsubsidized employment in a particular field.

P72   1(e) A county may continue to provide subsidized employment
2funded under this section to individuals who become ineligible for
3CalWORKs benefits in accordance with Section 11323.25.

4(f) Upon application for CalWORKs assistance after a
5participant’s subsidized employment ends, if an assistance unit is
6otherwise eligible within three calendar months of the date that
7subsidized employment ended, the income exemption requirements
8contained in Section 11451.5 and the work requirements contained
9in subdivision (c) of Section 11201 shall apply. If aid is restored
10after the expiration of that three-month period, the income
11exemption requirements contained in Section 11450.12 and the
12work requirements contained in subdivision (b) of Section 11201
13shall apply.

14(g) No later than April 1, 2015, the State Department of Social
15Services shall submit at least the following information regarding
16implementation of this section to the Legislature:

17(1) The number of CalWORKs recipients that entered subsidized
18employment.

19(2) The number of CalWORKs recipients who found
20nonsubsidized employment after the subsidy ends.

21(3) The earnings of the program participants before and after
22the subsidy.

23(4) The impact of this program on the state’s work participation
24rate.

end insert
25begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 11322.85 of the end insertbegin insertWelfare and Institutions Codeend insert
26begin insert is amended to read:end insert

27

11322.85.  

(a) Unless otherwise exempt, an applicant or
28recipient shall participate in welfare-to-work activities.

29(1) For 24 cumulative months during a recipient’s lifetime, these
30activities may include the activities listed in Section 11322.6 that
31are consistent with the assessment performed in accordance with
32Section 11325.4 and that are included in the individual’s
33welfare-to-work plan, as described in Section 11325.21, to meet
34the hours required in Section 11322.8. These 24 months need not
35be consecutive.

36(2) Any month in which the recipient meets the requirements
37of Section 11322.8, through participation in an activity or activities
38described in paragraph (3), shall not count as a month of activities
39 for purposes of the 24-month time limit described in paragraph
40(1).

P73   1(3) After a total of 24 months of participation in welfare-to-work
2activities pursuant to paragraph (1), an aided adult shall participate
3in one or more of the following welfare-to-work activities, in
4accordance with Section 607(c) and (d) of Title 42 of the United
5States Code as of the operative date of this section, that are
6consistent with the assessment performed in accordance with
7Section 11325.4, and included in the individual’s welfare-to-work
8plan, described in Section 11325.21:

9(A) Unsubsidized employment.

10(B) Subsidized private sector employment.

11(C) Subsidized public sector employment.

12(D) Work experience, including work associated with the
13refurbishing of publicly assisted housing, if sufficient private sector
14employment is not available.

15(E) On-the-job training.

16(F) Job search and job readiness assistance.

17(G) Community service programs.

18(H) Vocational educational training (not to exceed 12 months
19with respect to any individual).

20(I) Job skills training directly related to employment.

21(J) Education directly related to employment, in the case of a
22recipient who has not received a high school diploma or a
23certificate of high school equivalency.

24(K) Satisfactory attendance at a secondary school or in a course
25of study leading to a certificate of general equivalence, in the case
26of a recipient who has not completed secondary school or received
27such a certificate.

28(L) The provision of child care services to an individual who is
29participating in a community service program.

30(b) Any month in which the following conditions exist shall not
31be counted as one of the 24 months of participation allowed under
32paragraph (1) of subdivision (a):

33(1) The recipient is participating in job search or assessment
34pursuant to subdivision (a) or (b) of Section 11320.1, is in the
35process of appraisal as described in Section 11325.2, or is
36participating in the development of a welfare-to-work plan, as
37described in Section 11325.21.

38(2) The recipient is no longer receiving aid, pursuant to Sections
3911327.4 and 11327.5.

P74   1(3) The recipient has been excused from participation for good
2cause, pursuant to Section 11320.3.

3(4) The recipient is exempt from participation pursuant to
4subdivision (b) of Section 11320.3.

5(5) The recipient is only required to participate in accordance
6with subdivision (d) of Section 11320.3.

7(c) County welfare departments shall provide each recipient
8who is subject to the requirements of paragraph (3) of subdivision
9(a) written notice describing the 24-month time limitation described
10in that paragraph and the process by which recipients may claim
11exemptions from, and extensions to, those requirements.

12(d) The notice described in subdivision (c) shall be provided at
13the time the individual applies for aid, during the recipient’s annual
14redetermination, and at least once after the individual has
15participated for a total of 18 months, and prior to the end of the
1621st month, that count toward the 24-month time limit.

17(e) The notice described in this section shall include, but shall
18not be limited to, all of the following:

19(1) The number of remaining months the adult recipient may
20be eligible to receive aid.

21(2) The requirements that the recipient must meet in accordance
22with paragraph (3) of subdivision (a) and the action that the county
23will take if the adult recipient does not meet those requirements.

24(3) The manner in which the recipient may dispute the number
25of months counted toward the 24-month time limit.

26(4) The opportunity for the recipient to modify his or her
27welfare-to-work plan to meet the requirements of paragraph (3)
28of subdivision (a).

29(5) The opportunity for an exemption to, or extension of, the
3024-month time limitation.

31(f) For an individual subject to the requirements of paragraph
32(3) of subdivision (a), who is not exempt or granted an extension,
33and who does not meet those requirements, the provisions of
34Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to
35the extent consistent with the requirements of this section. For
36purposes of this section, the procedures referenced in this
37subdivision shall not be described as sanctions.

38(g) (1) The department, in consultation with stakeholders, shall
39convene a workgroup to determine further details of the noticing
40and engagement requirements for the 24-month time limit, and
P75   1shall instruct counties via an all-county letter, followed by
2regulations, no later than 18 months after the effective date of the
3act that added this section.

4(2) The workgroup described in paragraph (1) may also make
5recommendations to refine or differentiate the procedures and due
6process requirements applicable to individuals as described in
7subdivision (f).

8(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
9other law, an assistance unit that contains an eligible adult who
10has received assistance under this chapter, or from any state
11pursuant to the Temporary Assistance for Needy Families program
12(Part A (commencing with Section 401) of Title IV of the federal
13Social Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January
141, 2013, may continue in a welfare-to-work plan that meets the
15requirements of Section 11322.6 for a cumulative period of 24
16months commencing January 1, 2013, unless or until he or she
17exceeds the 48-month time limitation described in Section 11454.

18(2) All months of assistance described in paragraph (1) prior to
19January 1, 2013, shall not be applied to the 24-month limitation
20described in paragraph (1) of subdivision (a).

begin delete

21(i) This section shall become operative on January 1, 2013.

end delete
begin insert

22(i) This section shall remain in effect only until January 1, 2014,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2014, deletes or extends that date.

end insert
begin insert25

begin insertSEC. 27.end insert  

Section 11322.85 is added to the Welfare and
26Institutions Code
, to read:

27

begin insert11322.85.end insert  

(a) Unless otherwise exempt, an applicant or
28recipient shall participate in welfare-to-work activities.

29(1) For 24 cumulative months during a recipient’s lifetime, these
30activities may include the activities listed in Section 11322.6 that
31are consistent with the assessment performed in accordance with
32Section 11325.4 and that are included in the individual’s
33welfare-to-work plan, as described in Section 11325.21, to meet
34the hours required in Section 11322.8. These 24 months need not
35be consecutive.

36(2) Any month in which the recipient meets the requirements of
37Section 11322.8, through participation in an activity or activities
38described in paragraph (3), shall not count as a month of activities
39for purposes of the 24-month time limit described in paragraph
40(1).

P76   1(3) After a total of 24 months of participation in welfare-to-work
2activities pursuant to paragraph (1), an aided adult shall
3participate in one or more of the following welfare-to-work
4activities, in accordance with Section 607(c) and (d) of Title 42 of
5the United States Code as of the operative date of this section, that
6are consistent with the assessment performed in accordance with
7Section 11325.4, and included in the individual’s welfare-to-work
8plan, described in Section 11325.21:

9(A) Unsubsidized employment.

10(B) Subsidized private sector employment.

11(C) Subsidized public sector employment.

12(D) Work experience, including work associated with the
13refurbishing of publicly assisted housing, if sufficient private sector
14employment is not available.

15(E) On-the-job training.

16(F) Job search and job readiness assistance.

17(G) Community service programs.

18(H) Vocational educational training (not to exceed 12 months
19with respect to any individual).

20(I) Job skills training directly related to employment.

21(J) Education directly related to employment, in the case of a
22recipient who has not received a high school diploma or a
23certificate of high school equivalency.

24(K) Satisfactory attendance at a secondary school or in a course
25of study leading to a certificate of general equivalence, in the case
26of a recipient who has not completed secondary school or received
27such a certificate.

28(L) The provision of child care services to an individual who is
29participating in a community service program.

30(b) Any month in which the following conditions exist shall not
31be counted as one of the 24 months of participation allowed under
32paragraph (1) of subdivision (a):

33(1) The recipient is participating in job search in accordance
34with Section 11325.22, assessment pursuant to Section 11325.4,
35is in the process of appraisal as described in Section 11325.2, or
36is participating in the development of a welfare-to-work plan as
37described in Section 11325.21.

38(2) The recipient is no longer receiving aid, pursuant to Sections
3911327.4 and 11327.5.

P77   1(3) The recipient has been excused from participation for good
2cause, pursuant to Section 11320.3.

3(4) The recipient is exempt from participation pursuant to
4subdivision (b) of Section 11320.3.

5(5) The recipient is only required to participate in accordance
6with subdivision (d) of Section 11320.3.

7(6) The recipient is participating in family stabilization pursuant
8to Section 11325.24, and the recipient would meet the criteria for
9good cause pursuant to Section 11320.3. This paragraph may
10apply to a recipient for no more than six cumulative months.

11(c) County welfare departments shall provide each recipient
12who is subject to the requirements of paragraph (3) of subdivision
13(a) written notice describing the 24-month time limitation described
14in that paragraph and the process by which recipients may claim
15exemptions from, and extensions to, those requirements.

16(d) The notice described in subdivision (c) shall be provided at
17the time the individual applies for aid, during the recipient’s annual
18redetermination, and at least once after the individual has
19participated for a total of 18 months, and prior to the end of the
2021st month, that count toward the 24-month time limit.

21(e) The notice described in this section shall include, but shall
22not be limited to, all of the following:

23(1) The number of remaining months the adult recipient may
24be eligible to receive aid.

25(2) The requirements that the recipient must meet in accordance
26with paragraph (3) of subdivision (a) and the action that the county
27will take if the adult recipient does not meet those requirements.

28(3) The manner in which the recipient may dispute the number
29of months counted toward the 24-month time limit.

30(4) The opportunity for the recipient to modify his or her
31welfare-to-work plan to meet the requirements of paragraph (3)
32of subdivision (a).

33(5) The opportunity for an exemption to, or extension of, the
3424-month time limitation.

35(f) For an individual subject to the requirements of paragraph
36(3) of subdivision (a), who is not exempt or granted an extension,
37and who does not meet those requirements, the provisions of
38Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to
39the extent consistent with the requirements of this section. For
P78   1purposes of this section, the procedures referenced in this
2subdivision shall not be described as sanctions.

3(g) (1) The department, in consultation with stakeholders, shall
4convene a workgroup to determine further details of the noticing
5and engagement requirements for the 24-month time limit, and
6shall instruct counties via an all-county letter, followed by
7regulations, no later than 18 months after the effective date of the
8act that added this section.

9(2) The workgroup described in paragraph (1) may also make
10recommendations to refine or differentiate the procedures and due
11process requirements applicable to individuals as described in
12subdivision (f).

13(h) (1) Notwithstanding paragraph (3) of subdivision (a) or
14any other law, an assistance unit that contains an eligible adult
15who has received assistance under this chapter, or from any state
16pursuant to the Temporary Assistance for Needy Families program
17(Part A (commencing with Section 401) of Title IV of the federal
18Social Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January
191, 2013, may continue in a welfare-to-work plan that meets the
20requirements of Section 11322.6 for a cumulative period of 24
21months commencing January 1, 2013, unless or until he or she
22exceeds the 48-month time limitation described in Section 11454.

23(2) All months of assistance described in paragraph (1) prior
24to January 1, 2013, shall not be applied to the 24-month limitation
25described in paragraph (1) of subdivision (a).

26(i) This section shall become operative on January 1, 2014.

end insert
27begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 11323.25 of the end insertbegin insertWelfare and Institutions Codeend insert
28begin insert is amended to read:end insert

29

11323.25.  

In addition to its authority under subdivision (b) of
30Section 11323.2, if provided in a county plan, the county may
31continue to provide welfare-to-work services to former participants
32who became ineligible for CalWORKs benefits because they
33became employed under Section 11322.63begin insert or 11322.64end insert. The county
34may provide these services for up to the first 12 months of
35employment, to the extent they are not available from other sources
36and are needed for the individual to retain the subsidized
37employment.

38begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 11325.2 of the end insertbegin insertWelfare and Institutions Codeend insert
39begin insert is amended to read:end insert

P79   1

11325.2.  

(a) At the time a recipient enters the welfare-to-work
2program, the county shall conduct an appraisal, pursuant to
3regulations adopted by the department, during which the recipient
4is informed of the requirement to participate in training
5opportunities available to a participant, and available supportive
6services. The appraisal shall provide information about the recipient
7in the following areas:

8(1) Employment history and skills.

9(2) Need for supportive services as described in Section 11323.2.

10(b) This section shall not apply to individuals subject to Article
113.5 (commencing with Section 11331) during the time that article
12is operative.

begin insert

13(c) This section shall remain in effect only until January 1, 2014,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2014, deletes or extends that date.

end insert
begin insert16

begin insertSEC. 30.end insert  

Section 11325.2 is added to the Welfare and
17Institutions Code
, to read:

18

begin insert11325.2.end insert  

(a) At the time a recipient enters the welfare-to-work
19program, the county shall conduct an appraisal, pursuant to
20regulations adopted by the department, during which the recipient
21is informed of the requirement to participate in allowable
22welfare-to-work activities and of the provision of supportive
23services, pursuant to Section 11323.2. The appraisal shall gather
24and provide information about the recipient in the following areas:

25(1) Employment history, interests, and skills.

26(2) Educational history and learning disabilities.

27(3) Housing status and stability.

28(4) Language barriers.

29(5) Physical and behavioral health, including, but not limited
30to, mental health and substance abuse issues.

31(6) Child health and well-being.

32(7) Criminal background that may present a barrier to
33employment or housing stability.

34(8) Domestic violence.

35(9) Need for supportive services as described in Section 11323.2.

36(10) Other information that may affect an individual’s ability
37to participate in work activities.

38(b) (1) The county shall utilize a standardized appraisal tool
39in order to assess strengths for and barriers to work activities.
40This tool shall be developed or selected by the department, in
P80   1consultation with stakeholders, and shall be customized as needed
2for statewide use.

3(2) Concurrent with the development of the standardized
4appraisal tool, mandatory training shall be developed for
5administration of the tool and shall, in addition, include
6skill-building components, including, at a minimum, rapport
7building and interviewing techniques.

8(c) (1) If the results of the appraisal indicate that the individual
9may face barriers that impair his or her ability to participate in
10work activities, the county shall refer the recipient for an
11evaluation and services as described in Section 11325.25, 11325.5,
12or 11325.8, or may refer the recipient to family stabilization
13pursuant to Section 11325.24.

14(2) If information obtained from the appraisal indicates that
15the individual qualifies for an exemption from welfare-to-work
16requirements, the county shall apply the exemption, pursuant to
17subdivision (b) of Section 11320.3.

18(d) This section shall not apply to individuals subject to Article
19 3.5 (commencing with Section 11331) during the time that article
20is operative.

21(e) This section shall become operative on January 1, 2014.

end insert
22begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 11325.21 of the end insertbegin insertWelfare and Institutions Codeend insert
23begin insert is amended to read:end insert

24

11325.21.  

(a) Any individual who is required to participate in
25welfare-to-work activities pursuant to this article shall enter into
26a written welfare-to-work plan with the county welfare department
27after assessment as required by subdivision (b) of Section 11320.1,
28but no more than 90 days after the date that a recipient’s eligibility
29for aid is determined or the date the recipient is required to
30participate in welfare-to-work activities pursuant to Section
3111320.3. The recipient and the county may enter into a
32welfare-to-work plan as late as 90 days after the completion of the
33job search activity, as defined in subdivision (a) of Section 11320.1,
34if the job search activity is initiated within 30 days after the
35recipient’s eligibility for aid is determined. The plan shall include
36the activities and services that will move the individual into
37employment.

38(b) The county shall allow the participant three working days
39after completion of the plan or subsequent amendments to the plan
40in which to evaluate and request changes to the terms of the plan.

P81   1(c) The plan shall be written in clear and understandable
2language, and have a simple and easy-to-read format.

3(d) The plan shall contain at least all of the following general
4information:

5(1) A general description of the program provided for in this
6article, including available program components and supportive
7services.

8(2) A general description of the rights, duties, and
9responsibilities of program participants, including a list of the
10exemptions from the required participation under this article, the
11consequences of a refusal to participate in program components,
12and criteria for successful completion of the program.

13(3) A description of the grace period required in paragraph (5)
14of subdivision (b) of Section 11325.22.

15(e) The plan shall specify, and shall be amended to reflect
16changes in, the participant’s welfare-to-work activity, a description
17of services to be provided in accordance with Sections 11322.6,
1811322.8, and 11322.85, as needed, and specific requirements for
19successful completion of assigned activities including required
20hours of participation.

21The plan shall also include a general description of supportive
22services pursuant to Section 11323.2 that are to be provided as
23necessary for the participant to complete assigned program
24activities.

25(f) Any assignment to a program component shall be reflected
26in the plan or an amendment to the plan. The participant shall
27maintain satisfactory progress toward employment through the
28methods set forth in the plan, and the county shall provide the
29services pursuant to Section 11323.2.

30(g) This section shall not apply to individuals subject to Article
313.5 (commencing with Section 11331) during the time that article
32is operative.

begin insert

33(h) This section shall remain in effect only until January 1, 2014,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2014, deletes or extends that date.

end insert
begin insert36

begin insertSEC. 32.end insert  

Section 11325.21 is added to the Welfare and
37Institutions Code
, to read:

38

begin insert11325.21.end insert  

(a) Any individual who is required to participate
39in welfare-to-work activities pursuant to this article shall enter
40into a written welfare-to-work plan with the county welfare
P82   1department after assessment as required by subdivision (c) of
2Section 11320.1, but no more than 90 days after the date that a
3recipient’s eligibility for aid is determined or the date the recipient
4is required to participate in welfare-to-work activities pursuant
5to Section 11320.3. The recipient and the county may enter into a
6welfare-to-work plan as late as 90 days after the completion of
7the job search activity, as defined in subdivision (b) of Section
811320.1, if the job search activity is initiated within 30 days after
9the recipient’s eligibility for aid is determined. The plan shall
10include the activities and services that will move the individual
11into employment.

12(b) The county shall allow the participant three working days
13after completion of the plan or subsequent amendments to the plan
14in which to evaluate and request changes to the terms of the plan.

15(c) The plan shall be written in clear and understandable
16language, and have a simple and easy-to-read format.

17(d) The plan shall contain at least all of the following general
18information:

19(1) A general description of the program provided for in this
20article, including available program components and supportive
21services.

22(2) A general description of the rights, duties, and
23responsibilities of program participants, including a list of the
24exemptions from the required participation under this article, the
25consequences of a refusal to participate in program components,
26and criteria for successful completion of the program.

27(3) A description of the grace period required in paragraph (5)
28of subdivision (b) of Section 11325.22.

29(e) The plan shall specify, and shall be amended to reflect
30changes in, the participant’s welfare-to-work activity, a description
31of services to be provided in accordance with Sections 11322.6,
3211322.8, and 11322.85, as needed, and specific requirements for
33successful completion of assigned activities including required
34hours of participation.

35The plan shall also include a general description of supportive
36services pursuant to Section 11323.2 that are to be provided as
37necessary for the participant to complete assigned program
38activities.

39(f) Any assignment to a program component shall be reflected
40in the plan or an amendment to the plan. The participant shall
P83   1maintain satisfactory progress toward employment through the
2methods set forth in the plan, and the county shall provide the
3services pursuant to Section 11323.2.

4(g) This section shall not apply to individuals subject to Article
53.5 (commencing with Section 11331) during the time that article
6is operative.

7(h) This section shall become operative on January 1, 2014.

end insert
8begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 11325.22 of the end insertbegin insertWelfare and Institutions Codeend insert
9begin insert is amended to read:end insert

10

11325.22.  

(a) (1) Following the appraisal required by Section
1111325.2, all participants except those described in paragraph (4)
12of this subdivision, shall be assigned to participate for a period of
13up to four consecutive weeks in job search activities. These
14activities may include the use of job clubs to identify the
15participant’s qualifications. The county shall consider the skills
16and interests of the participants in developing a job search strategy.
17The period of job search activities may be shortened if the
18participant and the county agree that further activities would not
19be beneficial. Job search activities may be shortened for a recipient
20if the county determines that the recipient will not benefit because
21he or she may suffer from an emotional or mental disability that
22will limit or preclude the recipient’s participation under this article.

23(2) Nothing in this section shall require participation in job
24search activities, the schedule for which interferes with
25unsubsidized employment or participation pursuant to Section
2611325.23.

27(3) Job search activities may be required in excess of the limits
28specified in paragraph (1) on the basis of a review by the county
29of the recipient’s performance during job search to determine
30whether extending the job search period would result in
31unsubsidized employment.

32(4) A person subject to Article 3.5 (commencing with Section
3311331) or subdivision (d) of Section 11320.3 shall not be required,
34but may be permitted, to participate in job search activities as his
35or her first program assignment following appraisal upon earning
36a high school diploma or its equivalent, if she or he has not already
37taken the option to complete these activities as the first program
38assignment following appraisal.

39(b) (1) Upon the completion of job search activities, or a
40determination that those activities are not required in accordance
P84   1with paragraph (3) of subdivision (a), the participant shall be
2assigned to one or more of the activities described in Section
311322.6 as needed to attain employment.

4(2) (A) The assignment to one or more of the program activities
5as required in paragraph (1) of this subdivision shall be based on
6the welfare-to-work plan developed pursuant to an assessment as
7described in Section 11325.4. The plan shall be based, at a
8minimum, on consideration of the individual’s existing education
9level, employment experience and relevant employment skills,
10available program resources, and local labor market opportunities.

11(B) An assessment pursuant to Section 11325.4 shall be
12performed upon completion of job search activities or at such time
13as it is determined that job search will not be beneficial.

14(C) Notwithstanding subparagraphs (A) and (B), an assessment
15shall not be required to develop a welfare-to-work plan for a person
16who is participating in an approved self-initiated program pursuant
17to Section 11325.23 unless the county determines that an
18assessment is necessary to meet the hours specified in Section
1911325.23.

20(3) A participant who lacks basic literacy or mathematics skills,
21a high school diploma or general educational development
22certificate, or English language skills, shall be assigned to
23participate in adult basic education as described in subdivision (k)
24of Section 11322.6, as appropriate and necessary for removal of
25the individual’s barriers to employment.

26(4) Participation in activities assigned pursuant to this section
27may be sequential or concurrent. The county may require
28concurrent participation in the assigned activities if it is appropriate
29to the participant’s abilities, consistent with the participant’s
30welfare-to-work plan, and the activities can be concurrently
31scheduled.

32(5) The participant has 30 days from the beginning of the initial
33training or education assignment in which to request a change or
34reassignment to another component. The county shall grant the
35participant’s request for reassignment if another assignment is
36available that is consistent with the participant’s welfare-to-work
37plan and the county determines the other assignment will readily
38lead to employment. This grace period shall be available only once
39 to each participant.

P85   1(c) Any assignment or change in assignment to a program
2activity pursuant to this section shall be included in the
3welfare-to-work plan, or an amendment to the plan, as required in
4Section 11325.21.

5(d) A participant who has not obtained unsubsidized employment
6upon completion of the activities in a welfare-to-work plan
7developed pursuant to the job search activities required by
8subdivision (a) and an assessment required by subdivision (b) shall
9be referred to reappraisal as described in Section 11326.

10(e) The criteria for successful completion of an assigned
11education or training activity shall include regular attendance,
12satisfactory progress, and completion of the assignment. A person
13who fails or refuses to comply with program requirements for
14participation in the activities assigned pursuant to this section shall
15be subject to Sections 11327.4 and 11327.5.

16(f) Except as provided in paragraph (4) of subdivision (a), this
17section shall not apply to individuals subject to Article 3.5
18(commencing with Section 11331) during the time that article is
19operative.

begin insert

20(g) This section shall remain in effect only until January 1, 2014,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2014, deletes or extends that date.

end insert
begin insert23

begin insertSEC. 34.end insert  

Section 11325.22 is added to the Welfare and
24Institutions Code
, to read:

25

begin insert11325.22.end insert  

(a) (1) Following the appraisal required by Section
2611325.2, all participants except those described in paragraph (4)
27of this subdivision or those who are participating in other activities
28or assessment pursuant to Section 11320.1, shall be assigned to
29participate for a period of up to four consecutive weeks in job
30search activities. These activities may include the use of job clubs
31to identify the participant’s qualifications. The county shall
32consider the skills and interests of the participants in developing
33a job search strategy. The period of job search activities may be
34shortened if the participant and the county agree that further
35activities would not be beneficial. Job search activities may be
36shortened for a recipient if the county determines that the recipient
37will not benefit because he or she may suffer from an emotional
38or mental disability that will limit or preclude the recipient’s
39participation under this article.

P86   1(2) Nothing in this section shall require participation in job
2search activities, the schedule for which interferes with
3unsubsidized employment or participation pursuant to Section
411325.23.

5(3) Job search activities may be required in excess of the limits
6specified in paragraph (1) on the basis of a review by the county
7of the recipient’s performance during job search to determine
8whether extending the job search period would result in
9unsubsidized employment.

10(4) A person subject to Article 3.5 (commencing with Section
1111331) or subdivision (d) of Section 11320.3 shall not be required,
12but may be permitted, to participate in job search activities as his
13or her first program assignment following appraisal upon earning
14a high school diploma or its equivalent, if she or he has not already
15taken the option to complete these activities as the first program
16assignment following appraisal.

17(b) (1) Upon the completion of job search activities, or a
18determination that those activities are not required, the participant
19shall be assigned to one or more of the activities described in
20Section 11322.6 as needed to attain employment.

21(2) (A) The assignment to one or more of the program activities
22as required in paragraph (1) of this subdivision shall be based on
23the welfare-to-work plan developed pursuant to an assessment as
24described in Section 11325.4. The plan shall be based, at a
25minimum, on consideration of the individual’s existing education
26level, employment experience and relevant employment skills,
27available program resources, and local labor market opportunities.

28(B) An assessment pursuant to Section 11325.4 shall be
29performed upon completion of job search activities or at such time
30as it is determined that job search will not be beneficial.

31(C) Notwithstanding subparagraphs (A) and (B), an assessment
32shall not be required to develop a welfare-to-work plan for a
33person who is participating in an approved self-initiated program
34pursuant to Section 11325.23 unless the county determines that
35an assessment is necessary to meet the hours specified in Section
3611325.23.

37(3) A participant who lacks basic literacy or mathematics skills,
38a high school diploma or general educational development
39certificate, or English language skills, shall be assigned to
40participate in adult basic education as described in subdivision
P87   1(k) of Section 11322.6, as appropriate and necessary for removal
2of the individual’s barriers to employment.

3(4) Participation in activities assigned pursuant to this section
4may be sequential or concurrent. The county may require
5concurrent participation in the assigned activities if it is
6appropriate to the participant’s abilities, consistent with the
7participant’s welfare-to-work plan, and the activities can be
8concurrently scheduled.

9(5) The participant has 30 days from the beginning of the initial
10training or education assignment in which to request a change or
11reassignment to another component. The county shall grant the
12participant’s request for reassignment if another assignment is
13available that is consistent with the participant’s welfare-to-work
14plan and the county determines the other assignment will readily
15lead to employment. This grace period shall be available only once
16to each participant.

17(c) Any assignment or change in assignment to a program
18activity pursuant to this section shall be included in the
19welfare-to-work plan, or an amendment to the plan, as required
20in Section 11325.21.

21(d) A participant who has not obtained unsubsidized employment
22upon completion of the activities in a welfare-to-work plan
23developed pursuant to the job search activities required by
24subdivision (a) and an assessment required by subdivision (b) shall
25be referred to reappraisal as described in Section 11326.

26(e) The criteria for successful completion of an assigned
27education or training activity shall include regular attendance,
28satisfactory progress, and completion of the assignment. A person
29who fails or refuses to comply with program requirements for
30participation in the activities assigned pursuant to this section
31shall be subject to Sections 11327.4 and 11327.5.

32(f) Except as provided in paragraph (4) of subdivision (a), this
33section shall not apply to individuals subject to Article 3.5
34(commencing with Section 11331) during the time that article is
35operative.

36(g) This section shall become operative on January 1, 2014.

end insert
begin insert37

begin insertSEC. 35.end insert  

Section 11325.24 is added to the Welfare and
38Institutions Code
, to read:

39

begin insert11325.24.end insert  

(a) If, in the course of appraisal pursuant to Section
4011325.2 or at any point during an individual’s participation in
P88   1welfare-to-work activities in accordance with paragraph (1) of
2subdivision (a) of Section 11322.85, it is determined that a recipient
3meets the criteria described in subdivision (b), the recipient shall
4be eligible to participate in family stabilization.

5(b) (1) A recipient shall be eligible to participate in family
6stabilization if the county determines that his or her family is
7experiencing an identified situation or crisis that is destabilizing
8the family and would interfere with participation in welfare-to-work
9activities and services.

10(2) A situation or a crisis that is destabilizing the family in
11accordance with paragraph (1) may include, but shall not be
12limited to:

13(A) Homelessness or imminent risk of homelessness.

14(B) A lack of safety due to domestic violence.

15(C) Untreated or undertreated behavioral needs, including
16mental health or substance abuse-related needs.

17(c) Family stabilization shall include intensive case management
18and services designed to support the family in overcoming the
19situation or crisis, which may include, but are not limited to,
20welfare-to-work activities.

21(d) Funds allocated for family stabilization in accordance with
22this section shall be in addition to, and independent of, the county
23allocations made pursuant to Section 15204.2.

24(e) Each county shall submit to the department a plan, as defined
25by the department, regarding how it intends to implement the
26provisions of this section and shall report information to the
27department, including, but not limited to, the number of recipients
28served pursuant to this section, information regarding the services
29provided, outcomes for the families served, and any lack of
30availability of services. The department shall provide an update
31regarding this information to the Legislature during the 2014-15
32budget process.

33(f) This section shall become operative on January 1, 2014.

end insert
34begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 11325.5 of the end insertbegin insertWelfare and Institutions Codeend insert
35begin insert is amended to read:end insert

36

11325.5.  

(a) If, pursuant to thebegin insert appraisal conducted pursuant
37to Section 11325.2 orend insert
assessment conducted pursuant to Section
3811325.4, there is a concern that a mental disability exists that will
39impair the ability of a recipient to obtain employment, he or she
40shall be referred to the county mental health department.

P89   1(b) Subject to appropriations in the Budget Act, the county
2mental health department shall evaluate the recipient and determine
3any treatment needs. The evaluation shall include the extent to
4which the individual is capable of employment at the present time
5and under what working and treatment conditions the individual
6is capable of employment. The evaluation shall include prior
7diagnoses, assessments, or evaluations that the recipient provides.

8(c) Each county welfare department shall develop individual
9welfare-to-work plans for recipients with mental or emotional
10disorders based on the evaluation conducted by the mental health
11department. The plan for the recipient shall include appropriate
12employment accommodations or restrictions, supportive services,
13and treatment requirements. Any prior diagnosis, evaluation, or
14assessment provided by the recipient shall be considered in the
15development of his or her individual welfare-to-work plan.

16begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 11450 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
17as amended by Section 2 of Chapter 778 of the Statutes of 2012,
18is amended to read:end insert

19

11450.  

(a) (1) Aid shall be paid for each needy family, which
20shall include all eligible brothers and sisters of each eligible
21applicant or recipient child and the parents of the children, but
22shall not include unborn children, or recipients of aid under Chapter
233 (commencing with Section 12000), qualified for aid under this
24chapter. In determining the amount of aid paid, and notwithstanding
25the minimum basic standards of adequate care specified in Section
2611452, the family’s income, exclusive of any amounts considered
27exempt as income or paid pursuant to subdivision (e) or Section
2811453.1, determined for the prospective semiannual period
29pursuant to Sectionsbegin delete 11265.2end deletebegin insert 11265.1, 11265.2,end insert and 11265.3, and
30then calculated pursuant to Section 11451.5, shall be deducted
31from the sum specified in the following table, as adjusted for
32cost-of-living increases pursuant to Section 11453 and paragraph
33(2). In no case shall the amount of aid paid for each month exceed
34the sum specified in the following table, as adjusted for
35cost-of-living increases pursuant to Section 11453 and paragraph
36(2), plus any special needs, as specified in subdivisions (c), (e),
37and (f):

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

 

16If, when, and during those times that the United States
17government increases or decreases its contributions in assistance
18of needy children in this state above or below the amount paid on
19July 1, 1972, the amounts specified in the above table shall be
20increased or decreased by an amount equal to that increase or
21decrease by the United States government, provided that no
22increase or decrease shall be subject to subsequent adjustment
23 pursuant to Section 11453.

24(2) The sums specified in paragraph (1) shall not be adjusted
25for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
261994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
27October 31, 1998, nor shall that amount be included in the base
28for calculating any cost-of-living increases for any fiscal year
29thereafter. Elimination of the cost-of-living adjustment pursuant
30to this paragraph shall satisfy the requirements of Section 11453.05,
31and no further reduction shall be made pursuant to that section.

32(b) (1) When the family does not include a needy child qualified
33for aid under this chapter, aid shall be paid to a pregnant mother
34who is 18 years of age or younger at any time after verification of
35pregnancy, in the amount that would otherwise be paid to one
36person, as specified in subdivision (a), if the mother, and child, if
37born, would have qualified for aid under this chapter. Verification
38of pregnancy shall be required as a condition of eligibility for aid
39under this subdivision.

P91   1(2)  Notwithstanding paragraph (1), when the family does not
2include a needy child qualified for aid under this chapter, aid shall
3be paid to a pregnant mother for the month in which the birth is
4anticipated and for the three-month period immediately prior to
5the month in which the birth is anticipated in the amount that would
6otherwise be paid to one person, as specified in subdivision (a), if
7the mother and child, if born, would have qualified for aid under
8this chapter. Verification of pregnancy shall be required as a
9condition of eligibility for aid under this subdivision.

10(3) Paragraph (1) shall apply only when the Cal-Learn Program
11is operative.

12(c) The amount of forty-seven dollars ($47) per month shall be
13paid to pregnant mothers qualified for aid under subdivision (a)
14or (b) to meet special needs resulting from pregnancy if the mother,
15and child, if born, would have qualified for aid under this chapter.
16County welfare departments shall refer all recipients of aid under
17this subdivision to a local provider of the Women, Infants and
18Children program. If that payment to pregnant mothers qualified
19for aid under subdivision (a) is considered income under federal
20law in the first five months of pregnancy, payments under this
21subdivision shall not apply to persons eligible under subdivision
22(a), except for the month in which birth is anticipated and for the
23three-month period immediately prior to the month in which
24delivery is anticipated, if the mother, and the child, if born, would
25have qualified for aid under this chapter.

26(d) For children receiving AFDC-FC under this chapter, there
27shall be paid, exclusive of any amount considered exempt as
28income, an amount of aid each month which, when added to the
29child’s income, is equal to the rate specified in Section 11460,
3011461, 11462, 11462.1, or 11463. In addition, the child shall be
31eligible for special needs, as specified in departmental regulations.

32(e) In addition to the amounts payable under subdivision (a)
33and Section 11453.1, a family shall be entitled to receive an
34allowance for recurring special needs not common to a majority
35of recipients. These recurring special needs shall include, but not
36be limited to, special diets upon the recommendation of a physician
37for circumstances other than pregnancy, and unusual costs of
38transportation, laundry, housekeeping services, telephone, and
39utilities. The recurring special needs allowance for each family
40per month shall not exceed that amount resulting from multiplying
P92   1the sum of ten dollars ($10) by the number of recipients in the
2family who are eligible for assistance.

3(f) After a family has used all available liquid resources, both
4exempt and nonexempt, in excess of one hundred dollars ($100),
5with the exception of funds deposited in a restricted account
6described in subdivision (a) of Section 11155.2, the family shall
7also be entitled to receive an allowance for nonrecurring special
8needs.

9(1) An allowance for nonrecurring special needs shall be granted
10for replacement of clothing and household equipment and for
11emergency housing needs other than those needs addressed by
12paragraph (2). These needs shall be caused by sudden and unusual
13circumstances beyond the control of the needy family. The
14department shall establish the allowance for each of the
15nonrecurring special need items. The sum of all nonrecurring
16special needs provided by this subdivision shall not exceed six
17hundred dollars ($600) per event.

18(2) Homeless assistance is available to a homeless family
19seeking shelter when the family is eligible for aid under this
20chapter. Homeless assistance for temporary shelter is also available
21to homeless families which are apparently eligible for aid under
22this chapter. Apparent eligibility exists when evidence presented
23by the applicant, or which is otherwise available to the county
24welfare department, and the information provided on the
25application documents indicate that there would be eligibility for
26aid under this chapter if the evidence and information were verified.
27However, an alien applicant who does not provide verification of
28his or her eligible alien status, or a woman with no eligible children
29who does not provide medical verification of pregnancy, is not
30apparently eligible for purposes of this section.

31A family is considered homeless, for the purpose of this section,
32when the family lacks a fixed and regular nighttime residence; or
33the family has a primary nighttime residence that is a supervised
34publicly or privately operated shelter designed to provide temporary
35living accommodations; or the family is residing in a public or
36private place not designed for, or ordinarily used as, a regular
37sleeping accommodation for human beings. A family is also
38considered homeless for the purpose of this section if the family
39has received a notice to pay rent or quit. The family shall
40demonstrate that the eviction is the result of a verified financial
P93   1hardship as a result of extraordinary circumstances beyond their
2control, and not other lease or rental violations, and that the family
3is experiencing a financial crisis that could result in homelessness
4if preventative assistance is not provided.

5(A) (i) A nonrecurring special need of sixty-five dollars ($65)
6a day shall be available to families of up to four members for the
7costs of temporary shelter, subject to the requirements of this
8paragraph. The fifth and additional members of the family shall
9each receive fifteen dollars ($15) per day, up to a daily maximum
10of one hundred twenty-five dollars ($125). County welfare
11departments may increase the daily amount available for temporary
12shelter as necessary to secure the additional bedspace needed by
13the family.

14(ii) This special need shall be granted or denied immediately
15upon the family’s application for homeless assistance, and benefits
16shall be available for up to three working days. The county welfare
17department shall verify the family’s homelessness within the first
18three working days and if the family meets the criteria of
19questionable homelessness established by the department, the
20county welfare department shall refer the family to its early fraud
21prevention and detection unit, if the county has such a unit, for
22assistance in the verification of homelessness within this period.

23(iii) After homelessness has been verified, the three-day limit
24shall be extended for a period of time which, when added to the
25initial benefits provided, does not exceed a total of 16 calendar
26days. This extension of benefits shall be done in increments of one
27week and shall be based upon searching for permanent housing
28which shall be documented on a housing search form; good cause;
29or other circumstances defined by the department. Documentation
30of a housing search shall be required for the initial extension of
31benefits beyond the three-day limit and on a weekly basis thereafter
32as long as the family is receiving temporary shelter benefits. Good
33cause shall include, but is not limited to, situations in which the
34county welfare department has determined that the family, to the
35extent it is capable, has made a good faith but unsuccessful effort
36to secure permanent housing while receiving temporary shelter
37benefits.

38(B) A nonrecurring special need for permanent housing
39assistance is available to pay for last month’s rent and security
40deposits when these payments are reasonable conditions of securing
P94   1a residence, or to pay for up to two months of rent arrearages, when
2these payments are a reasonable condition of preventing eviction.

3The last month’s rent or monthly arrearage portion of the
4payment (i) shall not exceed 80 percent of the family’s total
5monthly household income without the value of CalFresh benefits
6or special needs for a family of that size and (ii) shall only be made
7to families that have found permanent housing costing no more
8than 80 percent of the family’s total monthly household income
9without the value of CalFresh benefits or special needs for a family
10of that size.

11However, if the county welfare department determines that a
12family intends to reside with individuals who will be sharing
13housing costs, the county welfare department shall, in appropriate
14circumstances, set aside the condition specified in clause (ii) of
15the preceding paragraph.

16(C) The nonrecurring special need for permanent housing
17assistance is also available to cover the standard costs of deposits
18for utilities which are necessary for the health and safety of the
19family.

20(D) A payment for or denial of permanent housing assistance
21shall be issued no later than one working day from the time that a
22family presents evidence of the availability of permanent housing.
23If an applicant family provides evidence of the availability of
24permanent housing before the county welfare department has
25established eligibility for aid under this chapter, the county welfare
26department shall complete the eligibility determination so that the
27denial of or payment for permanent housing assistance is issued
28within one working day from the submission of evidence of the
29availability of permanent housing, unless the family has failed to
30provide all of the verification necessary to establish eligibility for
31aid under this chapter.

32(E) (i) Except as provided in clauses (ii) and (iii), eligibility
33for the temporary shelter assistance and the permanent housing
34assistance pursuant to this paragraph shall be limited to one period
35of up to 16 consecutive calendar days of temporary assistance and
36one payment of permanent assistance. Any family that includes a
37parent or nonparent caretaker relative living in the home who has
38previously received temporary or permanent homeless assistance
39at any time on behalf of an eligible child shall not be eligible for
40further homeless assistance. Any person who applies for homeless
P95   1assistance benefits shall be informed that the temporary shelter
2benefit of up to 16 consecutive days is available only once in a
3lifetime, with certain exceptions, and that a break in the consecutive
4use of the benefit constitutes permanent exhaustion of the
5temporary benefit.

6(ii) A family that becomes homeless as a direct and primary
7result of a state or federally declared natural disaster shall be
8eligible for temporary and permanent homeless assistance.

9(iii) A family shall be eligible for temporary and permanent
10homeless assistance when homelessness is a direct result of
11domestic violence by a spouse, partner, or roommate; physical or
12mental illness that is medically verified that shall not include a
13diagnosis of alcoholism, drug addiction, or psychological stress;
14or, the uninhabitability of the former residence caused by sudden
15and unusual circumstances beyond the control of the family
16including natural catastrophe, fire, or condemnation. These
17 circumstances shall be verified by a third-party governmental or
18private health and human services agency, except that domestic
19violence may also be verified by a sworn statement by the victim,
20as provided under Section 11495.25. Homeless assistance payments
21based on these specific circumstances may not be received more
22often than once in any 12-month period. In addition, if the domestic
23violence is verified by a sworn statement by the victim, the
24homeless assistance payments shall be limited to two periods of
25not more than 16 consecutive calendar days of temporary assistance
26and two payments of permanent assistance. A county may require
27that a recipient of homeless assistance benefits who qualifies under
28this paragraph for a second time in a 24-month period participate
29in a homelessness avoidance case plan as a condition of eligibility
30for homeless assistance benefits. The county welfare department
31shall immediately inform recipients who verify domestic violence
32by a sworn statement pursuant to clause (iii) of the availability of
33domestic violence counseling and services, and refer those
34recipients to services upon request.

35(iv) If a county requires a recipient who verifies domestic
36violence by a sworn statement to participate in a homelessness
37avoidance case plan pursuant to clause (iii), the plan shall include
38the provision of domestic violence services, if appropriate.

39(v) If a recipient seeking homeless assistance based on domestic
40violence pursuant to clause (iii) has previously received homeless
P96   1avoidance services based on domestic violence, the county shall
2review whether services were offered to the recipient and consider
3what additional services would assist the recipient in leaving the
4domestic violence situation.

5(vi) The county welfare department shall report to the
6department through a statewide homeless assistance payment
7indicator system, necessary data, as requested by the department,
8regarding all recipients of aid under this paragraph.

9(F) The county welfare departments, and all other entities
10participating in the costs of thebegin delete AFDCend deletebegin insert CalWORKsend insert program, have
11the right in their share to any refunds resulting from payment of
12the permanent housing. However, if an emergency requires the
13family to move within the 12-month period specified in
14subparagraph (E), the family shall be allowed to use any refunds
15received from its deposits to meet the costs of moving to another
16residence.

17(G) Payments to providers for temporary shelter and permanent
18housing and utilities shall be made on behalf of families requesting
19these payments.

20(H) The daily amount for the temporary shelter special need for
21homeless assistance may be increased if authorized by the current
22year’s Budget Act by specifying a different daily allowance and
23appropriating the funds therefor.

24(I) No payment shall be made pursuant to this paragraph unless
25the provider of housing is a commercial establishment, shelter, or
26person in the business of renting properties who has a history of
27renting properties.

28(g) The department shall establish rules and regulations ensuring
29the uniform application statewide of thisbegin delete subdivisionend deletebegin insert sectionend insert.

30(h) The department shall notify all applicants and recipients of
31aid through the standardized application form that these benefits
32are available and shall provide an opportunity for recipients to
33apply for the funds quickly and efficiently.

34(i) Except for the purposes of Section 15200, the amounts
35payable to recipients pursuant to Section 11453.1 shall not
36constitute part of the payment schedule set forth in subdivision
37(a).

38The amounts payable to recipients pursuant to Section 11453.1
39shall not constitute income to recipients of aid under this section.

P97   1(j) For children receiving Kin-GAP pursuant to Article 4.5
2(commencing with Section 11360) or Article 4.7 (commencing
3with Section 11385) there shall be paid, exclusive of any amount
4considered exempt as income, an amount of aid each month, which,
5when added to the child’s income, is equal to the rate specified in
6Sections 11364 and 11387.

7(k) (1) This section shall become operative on April 1, 2013.
8A county shall implement the semiannual reporting requirements
9in accordance with the act that added this section no later than
10October 1, 2013.

11(2) Upon implementation described in paragraph (1), each
12county shall provide a certificate to the director certifying that
13semiannual reporting has been implemented in the county.

14(3) Upon filing the certificate described in paragraph (2), a
15county shall comply with the semiannual reporting provisions of
16this section.

17begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 11450.12 of the end insertbegin insertWelfare and Institutions
18Code
end insert
begin insert, as added by Section 16 of Chapter 501 of the Statutes of
192011, is amended to read:end insert

20

11450.12.  

(a) An applicant family shall not be eligible for aid
21under this chapter unless the family’s income, exclusive of the
22first ninety dollars ($90) of earned income for each employed
23person, is less than the minimum basic standard of adequate care,
24as specified in Section 11452.

25(b) A recipient family shall not be eligible for further aid under
26this chapter if reasonably anticipated income, less exempt income,
27determined for the semiannual period pursuant to Sectionsbegin delete 11265.2end delete
28begin insert 11265.1, 11265.2,end insert and 11265.3, and exclusive of amounts exempt
29under Section 11451.5, equals or exceeds the maximum aid
30payment specified in Section 11450.

31(c) (1) This section shall become operative on April 1, 2013.
32A county shall implement the semiannual reporting requirements
33in accordance with the act that added this section no later than
34October 1, 2013.

35(2) Upon implementation described in paragraph (1), each
36county shall provide a certificate to the director certifying that
37semiannual reporting has been implemented in the county.

38(3) Upon filing the certificate described in paragraph (2), a
39county shall comply with the semiannual reporting provisions of
40this section.

P98   1begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 11450.13 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert, as added by Section 18 of Chapter 501 of the Statutes of
32011, is amended to read:end insert

4

11450.13.  

(a) In calculating the amount of aid to which an
5assistance unit is entitled in accordance with Section 11320.15,
6the maximum aid payment, adjusted to reflect the removal of the
7adult or adults from the assistance unit, shall be reduced by the
8gross income of the adult or adults removed from the assistance
9unit, determined for the semiannual period pursuant to Sections
10begin delete 11265.2end deletebegin insert 11265.1, 11265.2,end insert and 11265.3, and less any amounts
11exempted pursuant to Section 11451.5. Aid may be provided in
12the form of cash or vouchers, at the option of the county.

13(b) (1) This section shall become operative on April 1, 2013.
14A county shall implement the semiannual reporting requirements
15in accordance with the act that added this section no later than
16October 1, 2013.

17(2) Upon implementation described in paragraph (1), each
18county shall provide a certificate to the director certifying that
19semiannual reporting has been implemented in the county.

20(3) Upon filing the certificate described in paragraph (2), a
21county shall comply with the semiannual reporting provisions of
22this section.

23begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 11462.04 of the end insertbegin insertWelfare and Institutions Codeend insert
24begin insert is amended to read:end insert

25

11462.04.  

(a) Notwithstanding any other law, no new group
26home rate or change to an existing rate shall be established pursuant
27to Section 11462. An application shall not be accepted or processed
28for any of the following:

29(1) A new program.

30(2) A new provider.

31(3) A program change, such as a rate classification level (RCL)
32increase.

33(4) A program capacity increase.

34(5) A program reinstatement.

35(b) Notwithstanding subdivision (a), the department may grant
36exceptions as appropriate on a case-by-case basis, based upon a
37written request and supporting documentation provided by county
38placing agencies, including county welfare or probation directors.

39(c) For the 2012-13begin insert and 2013-14end insert fiscalbegin delete year,end deletebegin insert years,end insert
40 notwithstanding subdivision (b), for any program below RCL 10,
P99   1the only exception that may be sought and granted pursuant to this
2section isbegin delete one associated withend deletebegin insert for an application requestingend insert a
3program change, such as an RCL increase. Thebegin insert authority to grantend insert
4 other exceptionsbegin delete shallend deletebegin insert doesend insert notbegin delete be availableend deletebegin insert applyend insert to programs
5below RCL 10 duringbegin delete this period.end deletebegin insert these fiscal years.end insert

begin insert6

begin insertSEC. 41.end insert  

Section 16010.8 is added to the Welfare and
7Institutions Code
, to read:

8

begin insert16010.8.end insert  

It is the intent of the Legislature that no child or youth
9in foster care reside in group care for longer than one year. The
10State Department of Social Services shall provide updates to the
11Legislature, commencing no later than January 1, 2014, regarding
12the outcomes of assessments of children and youth who have been
13in group homes for longer than one year and the corresponding
14outcomes of transitions, or plans to transition, them into family
15settings.

end insert
16begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 16519.5 of the end insertbegin insertWelfare and Institutions Codeend insert
17begin insert is amended to read:end insert

18

16519.5.  

(a) The State Department of Social Services, in
19consultation with county child welfare agencies, foster parent
20associations, and other interested community parties, shall
21implement a unified, family friendly, and child-centered resource
22family approval process to replace the existing multiple processes
23for licensing foster family homes, approving relatives and
24nonrelative extended family members as foster care providers, and
25approving adoptive families.

26(b) Up to five counties shall be selected to participate on a
27voluntary basis as early implementation counties for the purpose
28of participating in the initial development of the approval process.
29Early implementation counties shall be selected according to
30criteria developed by the department in consultation with the
31County Welfare Directors Association. In selecting the five early
32implementation counties, the department shall promote diversity
33among the participating counties in terms of size and geographic
34location.

35(c) (1) For the purposes of this section, “resource family” means
36an individual or couple that a participating county determines to
37have successfully met both the home approval standards and the
38permanency assessment criteria adopted pursuant to subdivision
39(d) necessary for providing care for a related or unrelated child
40who is under the jurisdiction of the juvenile court, or otherwise in
P100  1the care of a county child welfare agency or probation department.
2A resource family shall demonstrate all of the following:

3(A) An understanding of the safety, permanence, and well-being
4needs of children who have been victims of child abuse and neglect,
5and the capacity and willingness to meet those needs, including
6the need for protection, and the willingness to make use of support
7resources offered by the agency, or a support structure in place,
8or both.

9(B) An understanding of children’s needs and development,
10effective parenting skills or knowledge about parenting, and the
11capacity to act as a reasonable, prudent parent in day-to-day
12decisionmaking.

13(C) An understanding of his or her role as a resource family and
14the capacity to work cooperatively with the agency and other
15service providers in implementing the child’s case plan.

16(D) The financial ability within the household to ensure the
17stability and financial security of the family.

18(E) An ability and willingness to maintain the least restrictive
19and most familylike environment that serves the needs of the child.

20(2) Subsequent to meeting the criteria set forth in this
21subdivision and designation as a resource family, a resource family
22shall be considered eligible to provide foster care for related and
23unrelated children in out-of-home placement, shall be considered
24approved for adoption or guardianship, and shall not have to
25undergo any additional approval or licensure as long as the family
26lives in a county participating in thebegin delete pilotend delete program.

27(3) Resource family assessment and approval means that the
28applicant meets the standard for home approval, and has
29successfully completed a permanency assessment. This approval
30is in lieu of the existing foster care license, relative or nonrelative
31extended family member approval, and the adoption home study
32approval.

33(4) Approval of a resource family does not guarantee an initial
34or continued placement of a child with a resource family.

35(d) Prior to implementation of thisbegin delete pilotend delete program, the department
36shall adopt standards pertaining to home approval and permanency
37assessment of a resource family.

38(1) Resource family home approval standards shall include, but
39not be limited to, all of the following:

P101  1(A) (i) Criminal records clearance of all adults residing in the
2home, pursuant to Section 8712 of the Family Code, utilizing a
3check of the Child Abuse Central Index (CACI), a check of the
4Child Welfare Services/Case Management System (CWS/CMS),
5receipt of a fingerprint-based state criminal offender record
6information search response, and submission of a fingerprint-based
7federal criminal offender record information search.

8(ii) Consideration of any prior allegations of child abuse or
9neglect against either the applicant or any other adult residing in
10the home. An approval may not be granted to applicants whose
11criminal record indicates a conviction for any of the offenses
12specified in clause (i) of subparagraph (A) of paragraph (1) of
13subdivision (g) of Section 1522 of the Health and Safety Code.

14(iii) Exemptions from the criminal records clearance
15requirements set forth in this section may be granted by the director
16or thebegin delete pilotend deletebegin insert early implementationend insert county, if that county has been
17granted permission by the director to issue criminal records
18exemptions pursuant to Sectionbegin delete 316.4,end deletebegin insert 361.4,end insert using the exemption
19criteria currently used for foster care licensing as specified in
20subdivision (g) of Section 1522 of the Health and Safety Code.

21(B) Buildings and grounds, outdoor activity space, and storage
22requirements set forth in Sectionsbegin delete 89387, 89387.1,end deletebegin insert 89387end insert and
2389387.2 of Title 22 of the California Code of Regulations.

24(C) In addition to the foregoing requirements, the resource
25family home approval standards shall also require the following:

26(i) That the applicant demonstrate an understanding about the
27rights of children in care and his or her responsibility to safeguard
28those rights.

29(ii) That the total number of children residing in the home of a
30resource family shall be no more than the total number of children
31the resource family can properly care for, regardless of status, and
32shall not exceed six children, unless exceptional circumstances
33that are documented in the foster child’s case file exist to permit
34a resource family to care for more children, including, but not
35limited to, the need to place siblings together.

36(iii) That the applicant understands his or her responsibilities
37with respect to acting as a reasonable and prudent parent, and
38maintaining the least restrictive and most familylike environment
39that serves the needs of the child.

P102  1(D) The results of a caregiver risk assessment are consistent
2with the factors listed in subparagraphs (A) to (D), inclusive, of
3paragraph (1) of subdivision (c). A caregiver risk assessment shall
4include, but not be limited to, physical and mental health, alcohol
5and other substance use and abuse, and family and domestic
6violence.

7(2) The resource family permanency assessment standards shall
8include, but not be limited to, all of the following:

9(A) The applicant shall complete caregiver training.

10(B) The applicant shall complete a psychosocial evaluation.

11(C) The applicant shall complete any other activities that relate
12to a resource family’s ability to achieve permanency with the child.

13(e) (1) A child may be placed with a resource family that has
14received home approval prior to completion of a permanency
15assessment only if a compelling reason for the placement exists
16based on the needs of the child.

17(2) The permanency assessment shall be completed within 90
18days of the child’s placement in the approved home, unless good
19cause exists based upon the needs of the child.

20(3) If additional time is needed to complete the permanency
21assessment, the county shall document the extenuating
22circumstances for the delay and generate a timeframe for the
23completion of the permanency assessment.

24(4) The county shall report to the department on a quarterly
25basis the number of families with a child in an approved home
26whose permanency assessment goes beyond 90 days and
27summarize the reasons for these delays.

28(5) A child may be placed with a relative, as defined in Section
29319, or nonrelative extended family member, as defined in Section
30362.7, prior to home approval and completion of the permanency
31assessment only on an emergency basis if all of the following
32requirements are met:

33(A) Consideration of the results of a criminal records check
34 conducted pursuant to Section 16504.5 of the relative or nonrelative
35extended family member and of every other adult in the home.

36(B) Consideration of the results of the Child Abuse Central
37Index (CACI) consistent with Section 1522.1 of the Health and
38Safety Code of the relative or nonrelative extended family member,
39and of every other adult in the home.

P103  1(C) The home and grounds are free of conditions that pose undue
2risk to the health and safety of the child.

3(D) For any placement made pursuant to this paragraph, the
4county shall initiate the home approval process no later than five
5business days after the placement, which shall include a
6face-to-face interview with the resource family applicant and child.

7(E) For any placement made pursuant to this paragraph,
8AFDC-FC funding shall not be available until the home has been
9approved.

10(F) Any child placed under this section shall be afforded all the
11rights set forth in Section 16001.9.

12(f) The State Department of Social Services shall be responsible
13for all of the following:

14(1) Selecting early implementation counties, based on criteria
15established by the department in consultation with the County
16Welfare Directors Association.

17(2) Establishing timeframes for participating counties to submit
18an implementation plan, enter into terms and conditions for
19participation in the program, train appropriate staff, and accept
20applications from resource families.

21(3) Entering into terms and conditions for participation in the
22begin delete pilotend delete program by counties.

23(4) Administering the program through the issuance of written
24directives that shall have the same force and effect as regulations.
25Any directive affecting Article 1 (commencing with Section 700)
26of Chapter 7 of Title 11 of the California Code of Regulations shall
27be approved by the Department of Justice. The directives shall be
28exempt from the rulemaking provisions of the Administrative
29Procedure Act (Chapter 3.5 (commencing with Section 11340))
30of Part 1 of Division 3 of Title 2 of the Government Code.

31(5) Approving and requiring the use of a single standard for
32resource family home approval and permanency assessment.

33(6) Adopting and requiring the use of standardized
34documentation for the home approval and permanency assessment
35of resource families.

36(7) Requiring counties to monitor resource families including,
37but not limited to, all of the following:

38(A) Investigating complaints of resource families.

39(B) Developing and monitoring resource family corrective action
40plans to correct identified deficiencies and to rescind resource
P104  1family approval if compliance with corrective action plans is not
2achieved.

3(8) Ongoing oversight and monitoring of county systems and
4operations including all of the following:

5(A) Reviewing the county’s implementation of thebegin delete pilotend delete
6 program.

7(B) Reviewing an adequate number of approved resource
8families in each participating county to ensure that approval
9standards are being properly applied. The review shall include
10case file documentation, and may include onsite inspection of
11individual resource families. The review shall occur on an annual
12basis, and more frequently if the department becomes aware that
13a participating county is experiencing a disproportionate number
14of complaints against individual resource family homes.

15(C) Reviewing county reports of serious complaints and
16incidents involving approved resource families, as determined
17necessary by the department. The department may conduct an
18independent review of the complaint or incident and change the
19findings depending on the results of its investigation.

20(D) Investigating unresolved complaints against participating
21counties.

22(E) Requiring corrective action of counties that are not in full
23compliance with the terms and conditions of the program.

24(9) Preparing or having prepared, and submitting to the
25Legislature, a report on the results of the initial phase of
26implementation of the program. The report shall include all of the
27following:

28(A) An analysis, utilizing available data, of state and federal
29data indicators related to the length of time to permanency
30including reunification, guardianship and adoption, child safety
31factors, and placement stability.

32(B) An analysis of resource family recruitment and retention
33elements, including resource family satisfaction with approval
34processes and changes regarding the population of available
35resource families.

36(C) An analysis of cost, utilizing available data, including
37funding sources.

38(D) An analysis of regulatory or statutory barriers to
39implementing thebegin delete pilotend delete program on a statewide basis.

P105  1(g) Counties participating in thebegin delete pilotend delete program shall be
2responsible for all of the following:

3(1) Submitting an implementation plan, entering into terms and
4conditions for participation in the program, consulting with the
5county probation department in the development of the
6implementation plan, training appropriate staff, and accepting
7applications from resource families within the timeframes
8established by the department.

9(2) Complying with the written directives pursuant to paragraph
10(4) of subdivision (f).

11(3) Implementing the requirements for resource family home
12approval and permanency assessment and utilizing standardized
13documentation established by the department.

14(4) Ensuring staff have the education and experience necessary
15to complete the home approval and permanency assessment
16competently.

17(5) Approving and denying resource family applications,
18including all of the following:

19(A)begin insertend insert Rescinding home approvals and resource family approvals
20where appropriate, consistent with the established standard.

21(B) Providing disapproved resource families requesting review
22of that decision due process by conducting county grievance
23reviews pursuant to the department’s regulations.

24(C) Notifying the department of any decisions denying a
25resource family’s application or rescinding the approval of a
26resource family.

27(6) Updating resource family approval annually.

28(7) Monitoring resource families through all of the following:

29(A) Ensuring that social workers who identify a condition in
30the home that may not meet the approval standards set forth in
31subdivision (d) while in the course of a routine visit to children
32placed with a resource family take appropriate action as needed.

33(B) Requiring resource families to comply with corrective action
34plans as necessary to correct identified deficiencies. If corrective
35action is not completed as specified in the plan, the county may
36rescind the resource family approval.

37(C) Requiring resource families to report to the county child
38welfare agency any incidents consistent with the reporting
39requirements for licensed foster family homes.

P106  1(8) Investigating all complaints against a resource family and
2taking action as necessary. This shall include investigating any
3incidents reported about a resource family indicating that the
4approval standard is not being maintained.

5(A) The child’s social worker shall not conduct the formal
6investigation into the complaint received concerning a family
7providing services under the standards required by subdivision
8(d). To the extent that adequate resources are available, complaints
9shall be investigated by a worker who did not initially perform the
10home approval or permanency assessment.

11(B) Upon conclusion of the complaint investigation, the final
12disposition shall be reviewed and approved by a supervising staff
13member.

14(C) The department shall be notified of any serious incidents
15or serious complaints or any incident that falls within the definition
16of Section 11165.5 of the Penal Code. If those incidents or
17complaints result in an investigation, the department shall also be
18notified as to the status and disposition of that investigation.

19(9) Performing corrective action as required by the department.

20(10) Assessing county performance in related areas of the
21California Child and Family Services Review System, and
22remedying problems identified.

23(11) Submitting information and data that the department
24determines is necessary to study, monitor, and prepare the report
25specified in paragraphbegin delete (10)end deletebegin insert (9)end insert of subdivision (f).

26(h) Approved relatives and nonrelated extended family members,
27licensed foster family homes, or approved adoptive homes that
28have completed the license or approval process prior to full
29implementation of the program shall not be considered part of the
30program. The otherwise applicable assessment and oversight
31processes shall continue to be administered for families and
32facilities not included in the program.

33(i) The department may waive regulations that pose a barrier to
34implementation and operation of this program. The waiver of any
35 regulations by the department pursuant to this section shall apply
36to only those counties participating in the program and only for
37the duration of the program.

38(j) Resource families approved under initial implementation of
39the program, who move withinbegin delete a participatingend deletebegin insert an early
40implementationend insert
county or who move to another early
P107  1implementationbegin delete programend delete county, shall retain their resource family
2status if the new building and grounds, outdoor activity areas, and
3storage areas meet home approval standards. The State Department
4of Social Services orbegin delete pilotend deletebegin insert early implementationend insert county may allow
5a program-affiliated individual to transfer his or her subsequent
6arrest notification if the individual moves from one early
7implementation county to another early implementation county,
8as specified in subdivision (h) of Section 1522 of the Health and
9Safety Code.

10(k) (1) A resource family approved under this program that
11moves to a nonparticipating county shall lose its status as a resource
12family. The new county of residence shall deem the family
13approved for licensing, relative and nonrelated extended family
14member approval, guardianship, and adoption purposes, under the
15following conditions:

16(A) The new building and grounds, outdoor activity areas, and
17storage areas meet applicable standards, unless the family is subject
18to a corrective action plan.

19(B) There has been a criminal records clearance of all adults
20residing in the home and exemptions granted, using the exemption
21criteria currently used for foster care licensing, as specified in
22subdivision (g) of Section 1522 of the Health and Safety Code.

23(2) A program-affiliated individual who moves to a
24nonparticipating county may not transfer his or her subsequent
25arrest notification from a participating county to the
26nonparticipating county.

27(l) Implementation of the program shall be contingent upon the
28continued availability of federal Social Security Act Title IV-E
29(42 U.S.C. Sec. 670) funds for costs associated with placement of
30children with resource families assessed and approved under the
31 program.

32(m) Notwithstanding Section 11402, a child placed with a
33resource family shall be eligible for AFDC-FC payments. A
34resource family shall be paid an AFDC-FC rate pursuant to
35Sections 11460 and 11461. Sharing ratios for nonfederal
36expenditures for all costs associated with activities related to the
37approval of relatives and nonrelated extended family members
38shall be in accordance with Section 10101.

39(n) The Department of Justice shall charge fees sufficient to
40cover the cost of initial or subsequent criminal offender record
P108  1information and Child Abuse Central Index searches, processing,
2or responses, as specified in this section.

3(o) Approved resource families under this program shall be
4exempt from all of the following:

5(1) Licensure requirements set forth under the Community Care
6Facilities Act, commencing with Section 1500 of the Health and
7Safetybegin delete Codeend deletebegin insert Code,end insert and all regulations promulgated thereto.

8(2) Relative and nonrelative extended family member approval
9requirements set forth under Sections 309, 361.4, and 362.7, and
10all regulations promulgated thereto.

11(3) Adoptions approval and reporting requirements set forth
12under Section 8712 of the Family Code, and all regulations
13promulgated thereto.

14(p) Early implementation counties shall be authorized to
15continue through the end of the 2010-11 fiscal year, or through
16the end of the third full fiscal year following the date that counties
17commence implementation, whichever of these dates is later, at
18which time the program shall be authorized in all counties.

19(q) Notwithstanding subdivision (p), this section shall not be
20implemented until January 1, 2013.

21begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 18901.2 of the end insertbegin insertWelfare and Institutions Codeend insert
22begin insert is amended to read:end insert

23

18901.2.  

(a) It is the intent of the Legislature to create a
24program in California that provides a nominal Low-Income Home
25Energy Assistance Program (LIHEAP) service benefit, through
26the LIHEAP block grant, to all recipient households of CalFresh
27so that they are made aware of services available under LIHEAP
28and so that some households may experience an increase in federal
29Supplemental Nutrition Assistance Program benefits, as well as
30benefit from paperwork reduction.

31(b) To the extent permitted by federal law, the State Department
32of Social Services (DSS) shall, in conjunction with the Department
33of Community Services and Development (CSD), design,
34implement, and maintain a utility assistance initiative: the “Heat
35and Eat” program.

36(1) The nominal LIHEAP service benefit shall be funded through
37the LIHEAP block grant provided by the CSD to the DSS upon
38receipt by the CSD of the LIHEAP block grant funds from the
39federal funding authorities.

P109  1(2) The total amount transferred shall be the product of the
2nominal LIHEAP service benefit established by the CSD in the
3LIHEAP state plan multiplied by the number of CalFresh recipient
4households as agreed upon annually by the CSD and the DSS.

5(3) The total amount transferred shall be reduced by any
6unexpended or reinvested amounts remaining from prior transfers
7for the nominal LIHEAP service benefits as provided in
8subparagraph (C) of paragraph (1) of subdivision (c).

begin insert

9(4) Should the demand for the nominal LIHEAP service benefit
10exceed allocated funding, established by the CSD in the LIHEAP
11state plan, the CSD and DSS shall report that information to the
12Legislature and develop a plan to maintain the program as
13intended.

end insert

14(c) In implementing and maintaining the utility assistance
15initiative, the State Department of Social Services shall do all of
16the following:

17(1) (A) Grantbegin delete allend delete recipient households of CalFresh benefits
18pursuant to this chapter a nominal LIHEAP service benefit out of
19the federal LIHEAP block grant (42 U.S.C. Sec.begin delete 8261end deletebegin insert 8621end insert et
20seq.).

21(B) In establishing the nominal LIHEAP service benefit amount,
22the department shall take into consideration that the benefit level
23need not provide significant utility assistance.

24(C) Any funds allocated for this purpose not expended by
25CalFresh recipient households shall be recouped through the “Heat
26and Eat” program and reinvested into the program on an annual
27basis as determined by both departments.

28(2) Provide the nominal LIHEAP service benefit without
29requiring the applicant or recipient to provide additional paperwork
30or verification.

31(3) To the extent permitted by federal law and to the extent
32federal funds are available, provide the nominal LIHEAP service
33benefit annually to each recipient of CalFresh benefits.

34(4) begin insert(A)end insertbegin insertend insertDeliver the nominal LIHEAP service benefit using the
35Electronic Benefit Transfer (EBT) system or other nonpaper
36delivery system.

begin insert

37(B) Notification of a recipient’s impending EBT dormant account
38status shall not be required when the remaining balance in a
39recipient’s account at the time the account becomes inactive is
40ninety-nine cents ($0.99) or less of LIHEAP service benefits.

end insert

P110  1(5) Ensure that receipt of the nominal LIHEAP service benefit
2pursuant to this section shall notbegin insert adversely affect a CalFresh
3recipient household’s eligibility, reduce a household’s CalFresh
4benefits, orend insert
disqualify the applicant or recipient of CalFresh
5benefits from receiving other nominal LIHEAP service benefits
6or other utility benefits for which theybegin insert mayend insert qualify.

7(d) Recipients of the nominal LIHEAP service benefit pursuant
8to this section shall remain subject to the additional eligibility
9requirements for LIHEAP assistance as outlined in the California
10LIHEAP state plan, developed by the CSD.

11(e) begin insert(1)end insertbegin insertend insertTo the extent permitted by federal law, a CalFresh
12household receiving or anticipating receipt of nominal LIHEAP
13service benefits pursuant to the utility assistance initiative or any
14other law shall be entitled to use the full standard utility allowance
15(SUA) for the purposes of calculating CalFresh benefits. A
16CalFresh household shall be entitled to use the full SUA regardless
17of whether the nominal LIHEAP service benefit is actually
18redeemed.

begin insert

19(2) If use of the full SUA, instead of the homeless shelter
20deduction, results in a lower amount of CalFresh benefits for a
21homeless household, the homeless household shall be entitled to
22use the homeless shelter deduction instead of the full SUA.

end insert

23(f) The department shall implement the initiative by January 1,
242013.

25begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 18906.55 of the end insertbegin insertWelfare and Institutions Codeend insert
26begin insert is amended to read:end insert

27

18906.55.  

(a) Notwithstanding Section 18906.5 or any other
28law, as a result of the substantial fiscal pressures on counties
29created by the unprecedented and unanticipated CalFresh caseload
30growth associated with the economic downturn beginning in 2008,
31and in order to provide fiscal relief to counties as a result of this
32growth, a county that meets the maintenance of effort requirement
33pursuant to Section 15204.4 entirely through expenditures for the
34administration of CalFresh inbegin delete state fiscal yearsend deletebegin insert theend insert 2010-11,
352011-12,begin insert 2012-13,end insert andbegin delete 2012-13end deletebegin insert 2013-14 fiscal yearsend insert shall receive
36the full General Fund allocation for administration of CalFresh
37without paying the county’s share of the nonfederal costs for the
38amount above the maintenance of effort required by Section
3915204.4.

P111  1(b) The full General Fund allocation for administration of
2CalFresh pursuant to subdivision (a) shall equal 35 percent of the
3total federal and nonfederal projected funding need for
4administration of CalFresh. The methodology used for calculating
5those projections shall remain the same as it was for the 2009-10
6fiscal year for as long as this section remains in effect.

7(c) No relief to the county share of administrative costs
8authorized by this section shall result in any increased cost to the
9General Fund as determined in subdivision (b).

10(d) Subdivision (a) shall not be interpreted to prevent a county
11from expending funds in excess of the amount required to meet
12the maintenance of effort required by Section 15204.4.

13(e) This section shall become inoperative on July 1,begin delete 2013,end deletebegin insert 2014,end insert
14 and, as of January 1,begin delete 2014,end deletebegin insert 2015,end insert is repealed, unless a later enacted
15statute, that becomes operative on or before January 1,begin delete 2014,end deletebegin insert 2015,end insert
16 deletes or extends the dates on which it becomes inoperative and
17is repealed.

18begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 18910 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
19as added by Section 24 of Chapter 501 of the Statutes of 2011, is
20amended to read:end insert

21

18910.  

(a) To the extent permitted by federal law, regulations,
22waivers, and directives, the department shall implement the
23prospective budgeting, semiannual reporting system provided in
24Sections 11265.1, 11265.2, and 11265.3, and related provisions,
25regarding CalFresh, in a cost-effective manner that promotes
26compatibility between the CalWORKs program and CalFresh, and
27minimizes the potential for payment errors.

28(b) For CalFresh recipients who also are Medi-Cal beneficiaries
29and who are subject to the Medi-Cal midyear status reporting
30requirements, counties shall seek to align the timing of reports
31required under this section with midyear status reports required
32by the Medi-Cal program.

33(c) The department shall seek all necessary waivers from the
34United States Department of Agriculture to implement subdivision
35(a).

36(d) Counties may establish staggered, semiannual reporting
37cycles for individual households, based on factors established or
38approved by the department,begin delete including, but not limited to,
39application date or case number;end delete
begin insert provided the semiannual reporting
40cycle is aligned with the certification period;end insert
however, all
P112  1households within a county must be transitioned to a semiannual
2reporting system simultaneously. Up to and until the establishment
3of a countywide semiannual reporting system, a county shall
4operate a quarterly system, as established by law and regulation.

5(e) The requirement of subdivisionbegin delete (h)end deletebegin insert (e)end insert of Section 11265.1
6shall apply to the implementation of this section.

7(f) (1) This section shall become operative on April 1, 2013. A
8county shall implement the semiannual reporting requirements in
9accordance with the act that added this section no later than October
101, 2013.

11(2) Upon implementation described in paragraph (1), each
12county shall provide a certificate to the director certifying that
13semiannual reporting has been implemented in the county.

14(3) Upon filing the certificate described in paragraph (2), a
15county shall comply with the semiannual reporting provisions of
16this section.

17begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 72 of Chapter 32 of the Statutes of 2011, as
18amended by Section 51 of Chapter 47 of the Statutes of 2012, is
19amended to read:end insert

20

Sec. 72.  

The State Department of Social Services, in
21consultation with stakeholders including, but not limited to,
22counties and public authorities, including representatives of the
23California Association of Public Authorities, shall develop a new
24ratesetting methodology for public authority administrativebegin delete costs,
25to go into effect commencing with the 2013-14 fiscal yearend delete
begin insert costsend insert.

26begin insert

begin insertSEC. 47.end insert  

end insert
begin insert

The Legislature finds and declares that Section 2 of
27this act, which adds Section 110034.5 to the Government Code,
28imposes a limitation on the public’s right to access the meetings
29of public bodies within the meaning of Section 3 of Article I of the
30California Constitution. Pursuant to that constitutional provision,
31the Legislature finds that Section 2 of this act is necessary to
32preserve the confidentiality of the collective bargaining activities
33conducted by the California In-Home Supportive Services
34Authority.

end insert
35begin insert

begin insertSEC. 48.end insert  

end insert
begin insert

The provisions of this act are severable. If any
36provision of this act or its application is held invalid, that invalidity
37shall not affect other provisions or applications that can be given
38effect without the invalid provision or application.

end insert
39begin insert

begin insertSEC. 49.end insert  

end insert
begin insert

(a) Notwithstanding the rulemaking provisions of
40the Administrative Procedure Act (Chapter 3.5 (commencing with
P113  1Section 11340) of Part 1 of Division 3 of Title 2 of the Government
2Code), the department may implement and administer the changes
3made to Section 1562 of the Health and Safety Code and to Sections
4319.2, 319.3, 361.2, 626, 727, 11155, 11265, 11265.1, 11265.2,
511265.3, 11265.4, 11320.1, 11322.63, 11322.64, 11322.85,
611323.25, 11325.2, 11325.21, 11325.22, 11325.24, 11325.5, 11450,
711450.12, 11450.13, 16010.8, 18901.2, and 18910 of the Welfare
8and Institutions Code, as amended or added by this act, through
9all-county letters or similar instructions from the director until
10regulations are adopted. The department shall adopt emergency
11regulations implementing these provisions no later than July 1,
122015. The State Department of Social Services may readopt any
13emergency regulation authorized by this section that is the same
14as, or substantially equivalent to, any emergency regulation
15previously adopted under this section.

end insert
begin insert

16(b) The initial adoption of regulations pursuant to this section
17and one readoption of emergency regulations shall be deemed to
18be an emergency and necessary for the immediate preservation of
19the public peace, health, safety, or general welfare. Initial
20emergency regulations and the one readoption of emergency
21regulations authorized by this section shall be exempt from review
22by the Office of Administrative Law. The initial emergency
23regulations and the one readoption of emergency regulations
24authorized by this section shall be submitted to the Office of
25Administrative Law for filing with the Secretary of State and each
26shall remain in effect for no more than 180 days, by which time
27final regulations shall be adopted.

end insert
28begin insert

begin insertSEC. 50.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.

end insert
33begin insert

begin insertSEC. 51.end insert  

end insert
begin insert

(a) The balance of the appropriations provided in
34the following paragraphs are reappropriated to the State
35Department of Social Services for the purposes provided for in
36those appropriations and shall be available for encumbrance and
37expenditure until June 30, 2014:

end insert
begin insert

38(1) Item 5180-153-0001 of the Budget Act of 2012 (Chapters
3921 and 29 of the Statutes of 2012).

end insert
begin insert

P114  1(2) Item 5180-153-0001 of the Budget Act of 2011 (Chapter 33
2of the Statutes of 2011).

end insert
begin insert

3(3) Item 5180-153-0890 of the Budget Act of 2012 (Chapters
421 and 29 of the Statutes of 2012).

end insert
begin insert

5(4) Item 5180-153-0890 of the Budget Act of 2011 (Chapter 33
6of the Statutes of 2011).

end insert
begin insert

7(b) Funds allocated to counties for the Title IV-E Child Welfare
8Waiver Demonstration Project in accordance with Section 18260
9of the Welfare and Institutions Code, but unexpended as of June
1030, 2013, are reappropriated for transfer to and augmentation of
11the corresponding items in the Budget Act of 2013.

end insert
12begin insert

begin insertSEC. 52.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
13to the Budget Bill within the meaning of subdivision (e) of Section
1412 of Article IV of the California Constitution, has been identified
15as related to the budget in the Budget Bill, and shall take effect
16immediately.

end insert
begin delete
17

SECTION 1.  

It is the intent of the Legislature to enact statutory
18changes relating to the Budget Act of 2013.

end delete


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