BILL NUMBER: AB 74	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2013

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla,  Campos,  Chesbro, Daly, Dickinson, Gordon,
Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, 
Rendon,   Skinner,  Stone, and Ting))

                        JANUARY 10, 2013

    An act relating to the Budget Act of 2013.  
An 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. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, as amended, Committee on Budget.  Budget Act of
2013.   Human services.  
   (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.  
   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.  
   (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.  
   This bill would exempt certain collective bargaining activities,
meetings, and investigations involving the Statewide Authority from
those public meeting requirements.  
   (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.  
   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.  
   (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.  
   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.
 
   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.  
   This bill would make conforming and clarifying changes relating to
these provisions.  
   (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.  
   This bill would extend that limitation to the 2013-14 fiscal year.
 
   (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.  
   This bill would delete references to pilot project counties in
those provisions and would refer instead to early implementation
counties.  
   (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.  
   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.  
   This bill would extend counties' eligibility to receive the full
allocation for CalFresh administration under the above circumstances
to the 2013-14 fiscal year.  
   (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.  
   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.  
   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.  
   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.  
   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.  

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

   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.  
   (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.  
   This bill would delete the requirement that this new ratesetting
methodology take effect in the 2013-14 fiscal year.  
   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.  
   (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.  
   (13) The Budget Acts of 2011 and 2012 make various appropriations
to the State Department of Social Services.  
   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.  
   (14) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 110032 of the  
Government Code   is amended to read: 
   110032.  After the applicable mediation procedure has been
exhausted,  factfinding   fact finding  has
been completed and made public, and no resolution has been reached
by the parties, the Statewide Authority may declare an impasse and
implement  any or all of  its last, best, and final offer.
 Any proposal in the Statewide Authority's last, best, and final
offer that, if implemented, would conflict with existing statutes or
require the expenditure of funds shall be presented to the  
Legislature for approval.  The unilateral implementation of the
Statewide Authority's last, best, and final offer shall not deprive
a recognized employee organization of the right each year to meet and
confer on matters within the scope of representation, whether or not
those matters are included in the unilateral implementation, prior
to the adoption of the annual budget or as otherwise required by law.

   SEC. 2.    Section 110034.5 is added to the 
 Government Code   , to read:  
   110034.5.  All of the following proceedings are exempt from the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) and the Ralph
M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), unless the parties agree otherwise:
   (a) Any meeting, negotiation, or discussion between the Statewide
Authority or its designated representative and a recognized or
certified employee organization.
   (b) Any meeting of a mediator with either party or both parties to
the meeting and negotiation process described in subdivision (a).
   (c) Any hearing, meeting, or investigation conducted by a
factfinder or arbitrator in connection with the activities described
in subdivision (a).
   (d) Any executive session of the Statewide Authority or between
the Statewide Authority and its designated representative, including,
but not limited to, the Department of Human Resources, for the
purpose of discussing its position regarding any matter within the
scope of representation and its designated representatives. 
   SEC. 3.    Section 1522 of the   Health and
Safety Code   is amended to read: 
   1522.  The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home of a
licensed foster family agency. Therefore, the Legislature supports
the use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII), to be used for applicant fingerprints. It is the
intent of the Legislature in enacting this section to require the
fingerprints of those individuals whose contact with community care
clients may pose a risk to the clients' health and safety. An
individual shall be required to obtain either a criminal record
clearance or a criminal record exemption from the State Department of
Social Services before his or her initial presence in a community
care facility.
   (a) (1) Before issuing a license or special permit to any person
or persons to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law
enforcement agency a criminal record to determine whether the
applicant or any other person specified in subdivision (b) has ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 or 273.5, of the Penal Code, subdivision
(b) of Section 273a of the Penal Code, or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
   (3) Except during the 2003-04 to the  2012-13 
 2014-15  fiscal years, inclusive, neither the Department of
Justice nor the State Department of Social Services may charge a fee
for the fingerprinting of an applicant for a license or special
permit to operate a facility providing nonmedical board, room, and
care for six or less children or for obtaining a criminal record of
the applicant pursuant to this section.
   (4) The following shall apply to the criminal record information:
   (A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
   (B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
   (C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
   (D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (1) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (g).
   (E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice for the purpose of searching the criminal
records of the Federal Bureau of Investigation, in addition to the
criminal records search required by this subdivision. If an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as prescribed in paragraph
(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
after licensure, the department determines that the licensee or any
other person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
   (F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record. Receipt
of the criminal history information shall be optional on the part of
the individual, as set forth in the agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
   (G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
   (b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
   (A) Adults responsible for administration or direct supervision of
staff.
   (B) Any person, other than a client, residing in the facility.
   (C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or home
health aide meeting the requirements of Section 1338.5 or 1736.6,
respectively, who is not employed, retained, or contracted by the
licensee, and who has been certified or recertified on or after July
1, 1998, shall be deemed to meet the criminal record clearance
requirements of this section. A certified nurse assistant and
certified home health aide who will be providing client assistance
and who falls under this exemption shall provide one copy of his or
her current certification, prior to providing care, to the community
care facility. The facility shall maintain the copy of the
certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the
facility. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
   (D) Any staff person, volunteer, or employee who has contact with
the clients.
   (E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
   (F) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
   (2) The following persons are exempt from the requirements
applicable under paragraph (1):
   (A) A medical professional as defined in department regulations
who holds a valid license or certification from the person's
governing California medical care regulatory entity and who is not
employed, retained, or contracted by the licensee if all of the
following apply:
   (i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person's governing
California medical care regulatory entity.
   (ii) The person is providing time-limited specialized clinical
care or services.
   (iii) The person is providing care or services within the person's
scope of practice.
   (iv) The person is not a community care facility licensee or an
employee of the facility.
   (B) A third-party repair person or similar retained contractor if
all of the following apply:
   (i) The person is hired for a defined, time-limited job.
   (ii) The person is not left alone with clients.
   (iii) When clients are present in the room in which the repair
person or contractor is working, a staff person who has a criminal
record clearance or exemption is also present.
   (C) Employees of a licensed home health agency and other members
of licensed hospice interdisciplinary teams who have a contract with
a client or resident of the facility and are in the facility at the
request of that client or resident's legal decisionmaker. The
exemption does not apply to a person who is a community care facility
licensee or an employee of the facility.
   (D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who are
advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed by
community care licensing. This exemption does not apply to a person
who is a community care licensee or employee of the facility.
   (E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:
   (i) Members are not left alone with clients.
   (ii) Members do not transport clients off the facility premises.
   (iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
   (3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
   (A) Adult friends and family of the licensed or certified foster
parent, who come into the home to visit for a length of time no
longer than defined by the department in regulations, provided that
the adult friends and family of the licensee are not left alone with
the foster children. However, the licensee, acting as a reasonable
and prudent parent, as defined in paragraph (2) of subdivision (a) of
Section 362.04 of the Welfare and Institutions Code, may allow his
or her adult friends and family to provide short-term care to the
foster child and act as an appropriate occasional short-term
babysitter for the child.
   (B) Parents of a foster child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
   (C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.
   (4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers are
exempt from the requirements applicable under paragraph (1):
   (A) Unless contraindicated by the client's individualized program
plan (IPP) or needs and service plan, a spouse, significant other,
relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.
   (B) A volunteer if all of the following applies:
   (i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.
   (ii) The volunteer is never left alone with clients.
   (iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than washing
of hands.
   (5) (A) In addition to the exemptions specified in paragraph (2),
the following persons in adult residential and social rehabilitation
facilities, unless contraindicated by the client's individualized
program plan (IPP) or needs and services plan, are exempt from the
requirements applicable under paragraph (1): a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to that client.
   (B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt from
the requirements of this section, provided that the individual has
client contact.
   (6) Any person similar to those described in this subdivision, as
defined by the department in regulations.
   (c) (1) Subsequent to initial licensure, a person specified in
subdivision (b) who is not exempted from fingerprinting shall obtain
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. The licensee shall submit fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
or comply with paragraph (1) of subdivision (h). These fingerprint
images and related information shall be sent by electronic
transmission in a manner approved by the State Department of Social
Services and the Department of Justice for the purpose of obtaining a
permanent set of fingerprints, and shall be submitted to the
Department of Justice by the licensee. A licensee's failure to
prohibit the employment, residence, or initial presence of a person
specified in subdivision (b) who is not exempt from fingerprinting
and who has not received either a criminal record clearance or an
exemption from disqualification pursuant to subdivision (g) or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency and the
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548. The fingerprint
images and related information shall then be submitted to the
Department of Justice for processing. Upon request of the licensee,
who shall enclose a self-addressed stamped postcard for this purpose,
the Department of Justice shall verify receipt of the fingerprints.
   (2) Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided
for in subdivision (a). If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images.
Documentation of the individual's clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images are required for
processing, the Department of Justice shall, within 14 calendar days
from the date of receipt of the fingerprints, notify the licensee
that the fingerprints were illegible, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, and shall also notify the licensee by mail, within
14 days of electronic transmission of the fingerprints to the
Department of Justice, if the person has no criminal history
recorded. A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1550. The department may assess civil penalties for continued
violations as permitted by Section 1548.
   (3) Except for persons specified in subdivision (b) who are exempt
from fingerprinting, the licensee shall endeavor to ascertain the
previous employment history of persons required to be fingerprinted.
If it is determined by the State Department of Social Services, on
the basis of the fingerprint images and related information submitted
to the Department of Justice, that subsequent to obtaining a
criminal record clearance or exemption from disqualification pursuant
to subdivision (g), the person has been convicted of, or is awaiting
trial for, a sex offense against a minor, or has been convicted for
an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
the Penal Code, or a felony, the State Department of Social Services
shall notify the licensee to act immediately to terminate the person'
s employment, remove the person from the community care facility, or
bar the person from entering the community care facility. The State
Department of Social Services may subsequently grant an exemption
from disqualification pursuant to subdivision (g). If the conviction
or arrest was for another crime, except a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
employment, remove the person from the community care facility, or
bar the person from entering the community care facility; or (B) seek
an exemption from disqualification pursuant to subdivision (g). The
State Department of Social Services shall determine if the person
shall be allowed to remain in the facility until a decision on the
exemption from disqualification is rendered. A licensee's failure to
comply with the department's prohibition of employment, contact with
clients, or presence in the facility as required by this paragraph
shall result in a citation of deficiency and an immediate assessment
of civil penalties in the amount of one hundred dollars ($100) per
violation per day and shall be grounds for disciplining the licensee
pursuant to Section 1550.
   (4) The department may issue an exemption from disqualification on
its own motion pursuant to subdivision (g) if the person's criminal
history indicates that the person is of good character based on the
age, seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption from
disqualification pursuant to this paragraph.
   (5) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption from disqualification pursuant to
subdivision (g). The individual may seek an exemption from
disqualification only if the licensee terminates the person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
   (d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, the State Department of
Social Services or other approving authority shall secure California
and Federal Bureau of Investigation criminal history information to
determine whether the applicant or any person specified in
subdivision (b) who is not exempt from fingerprinting has ever been
convicted of a crime other than a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 or 273.5, subdivision (b) of
Section 273a or, prior to January 1, 1994, paragraph (2) of Section
273a of the Penal Code, or for any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
applicant who has not obtained both a California and Federal Bureau
of Investigation criminal record clearance or exemption from
disqualification pursuant to subdivision (g).
   (2) The criminal history information shall include the full
criminal record, if any, of those persons.
   (3) Neither the Department of Justice nor the State Department of
Social Services may charge a fee for the fingerprinting of an
applicant for a license, special permit, or certificate of approval
described in this subdivision. The record, if any, shall be taken
into consideration when evaluating a prospective applicant.
   (4) The following shall apply to the criminal record information:
   (A) If the applicant or other persons specified in subdivision (b)
who are not exempt from fingerprinting have convictions that would
make the applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval shall be denied.
   (B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) who is not
exempt from fingerprinting is awaiting trial for a crime other than a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application until
the conclusion of the trial.
   (C) For purposes of this subdivision, a criminal record clearance
provided under Section 8712 of the Family Code may be used by the
department or other approving agency.
   (D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is not
exempt from fingerprinting, shall submit a set of fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
in addition to the criminal records
          search required by subdivision (a).
   (5) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, spousal or cohabitant abuse
or, any crime for which the department cannot grant an exemption if
the person was convicted and shall submit these fingerprints to the
licensing agency or other approving authority.
   (6) (A) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee's or
a foster family agency's failure to either prohibit the employment,
residence, or initial presence of a person specified in subdivision
(b) who is not exempt from fingerprinting and who has not received
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g), or comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in a citation of a deficiency, and the immediate civil
penalties of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
adopted pursuant to Section 1522.04 shall result in the citation of a
deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
foster family home licensee or the foster family agency pursuant to
Section 1550. The State Department of Social Services may assess
penalties for continued violations, as permitted by Section 1548. The
fingerprint images shall then be submitted to the Department of
Justice for processing.
   (B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the fingerprints. Within five working days of
the receipt of the criminal record or information regarding criminal
convictions from the Department of Justice, the department shall
notify the applicant of any criminal arrests or convictions. If no
arrests or convictions are recorded, the Department of Justice shall
provide the foster family home licensee or the foster family agency
with a statement of that fact concurrent with providing the
information to the State Department of Social Services.
   (7) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) who is
not exempt from fingerprinting, has been convicted of a crime other
than a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
   (8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
prohibition of employment, contact with clients, or presence in the
facility as required by paragraph (3) of subdivision (c) shall be
grounds for disciplining the licensee pursuant to Section 1550.
   (e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
   (f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
State Department of Social Services is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, when the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending
the imposition of sentence, notwithstanding a subsequent order
pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting
the person to withdraw his or her plea of guilty and to enter a plea
of not guilty, or setting aside the verdict of guilty, or dismissing
the accusation, information, or indictment. For purposes of this
section or any other provision of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
law prohibiting the admission of these documents in a civil or
administrative action.
   (2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
   (g) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) of subdivision (d), or for employment, residence,
or presence in a community care facility as specified in paragraphs
(3), (4), and (5) of subdivision (c), if the director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of good character as to justify issuance of the
license or special permit or granting an exemption for purposes of
subdivision (c). Except as otherwise provided in this subdivision, an
exemption shall not be granted pursuant to this subdivision if the
conviction was for any of the following offenses:
   (A) (i) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
   (ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee has been
rehabilitated as provided in Section 4852.03 of the Penal Code, has
maintained the conduct required in Section 4852.05 of the Penal Code
for at least 10 years, and has the recommendation of the district
attorney representing the employee's county of residence, or if the
employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 of the Penal Code.
   (B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) of Section
451 of the Penal Code.
   (C) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider applicant if that
applicant, or any other person specified in subdivision (b) in those
homes, has a felony conviction for either of the following offenses:
   (i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subparagraph, a crime involving violence means a violent crime
specified in clause (i) of subparagraph (A), or subparagraph (B).
   (ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
   (iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
   (iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as a
condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
   (h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the State Department of
Social Services shall verify whether the individual has a clearance
that can be transferred.
   (2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
   (3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
   (A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
   (B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
   (C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
   (4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
   (A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following
conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii)  The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
   (B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
   (ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
   (C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This fee
shall not exceed the cost of providing the service.
   (5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
   (B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority to receive the notice only if all of the
following conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.
   (i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency as a
clearance required for adoption purposes.
   (j) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1558, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
   (k) The State Department of Social Services may charge a fee for
the costs of processing electronic fingerprint images and related
information.
   (  l  ) Amendments to this section made in the 1999
portion of the 1999-2000 Regular Session shall be implemented
commencing 60 days after the effective date of the act amending this
section in the 1999 portion of the 1999-2000 Regular Session, except
that those provisions for the submission of fingerprints for
searching the records of the Federal Bureau of Investigation shall be
implemented 90 days after the effective date of that act.
   SEC. 4.    Section 1530.8 of the   Health
and Safety Code   is amended to read: 
   1530.8.  (a)  (1)  The department shall adopt regulations for
community care facilities licensed as group homes, and for temporary
shelter care facilities as defined in subdivision (c), that care for
dependent children, children placed by a regional center, or
voluntary placements, who are younger than 6 years of age. The
department shall adopt these regulations after assessing the needs of
this population and developing standards pursuant to Section 11467.1
of the Welfare and Institutions Code.
   (2)  The department shall adopt regulations under this section
that apply to mother and infant programs serving children younger
than six years of age who reside in a group home with a minor parent
who is the primary caregiver of the child that shall be subject to
the requirements of subdivision (d). 
   (3) To the extent that the department determines they are
necessary, the department shall adopt regulations under this section
that apply to group homes that care for dependent children who are 6
to 12 years of age, inclusive. In order to determine whether such
regulations are necessary, and what any resulting standards should
include, the department shall consult with interested parties that
include, but are not limited to, representatives of current and
former foster youth, advocates for children in foster care, county
welfare and mental health directors, chief probation officers,
representatives of care providers, experts in child development, and
representatives of the Legislature. The standards may provide
normative guidelines differentiated by the needs specific to children
in varying age ranges that fall between 6 and 12 years of age,
inclusive. Prior to adopting regulations, the department shall submit
for public comment, by July 1, 2016, any proposed regulations. 

   (b)  The regulations shall include physical environment standards,
including staffing and health and safety requirements, that meet or
exceed state child care standards under Title 5 and Title 22 of the
California Code of Regulations.
   (c)  For purposes of this section, a "temporary shelter care
facility" means any residential facility that meets all of the
following requirements:
   (1)  It is owned and operated by the county.
   (2)  It is a 24-hour facility that provides short-term residential
care and supervision for dependent children under 18 years of age
who have been removed from their homes as a result of abuse or
neglect, as defined in Section 300 of the Welfare and Institutions
Code, or both.
   (d)  (1)  By September 1, 1999, the department shall submit for
public comment regulations specific to mother and infant programs
serving children younger than six years of age who are dependents of
the court and reside in a group home with a minor child who is the
primary caregiver of the child.
   (2)  The regulations shall include provisions that when the minor
parent is absent and the facility is providing direct care to
children younger than six years of age who are dependents of the
court, there shall be one child care staff person for every four
children of minor parents.
   (3)  In developing these proposed regulations, the department
shall issue the proposed regulations for public comment, and shall
refer to existing national standards for mother and infant programs
as a guideline, where applicable.
   (4)  Prior to preparing the proposed regulations, the department
shall consult with interested parties by convening a meeting by
February 28, 1999, that shall include, but not be limited to,
representatives from a public interest law firm specializing in
children's issues and provider organizations.
   SEC. 5.    Section 1562 of the   Health and
Safety Code  is amended to read: 
   1562.   (a)    The director shall ensure that
operators and staffs of community care facilities have appropriate
training to provide the care and services for which a license or
certificate is issued. The section shall not apply to a facility
licensed as an Adult Residential Facility for Persons with Special
Health Care Needs pursuant to Article 9 (commencing with Section
1567.50). 
   (b) It is the intent of the Legislature that children in foster
care reside in the least restrictive, family-based settings that can
meet their needs, and that group homes will be used only for short
term, specialized, and intensive treatment purposes that are
consistent with a case plan that is determined by a child's best
interests. Accordingly, the Legislature encourages the department to
adopt policies, practices, and guidance that ensure that the
education, qualification, and training requirements for child care
staff in group homes are consistent with the intended role of group
homes to provide short-term, specialized, and intensive treatment,
with a particular focus on crisis intervention, behavioral
stabilization, and other treatment-related goals, as well as the
connections between those efforts and work toward permanency for
children. 
   SEC. 6.    Section 1596.871 of the   Health
and Safety Code   is amended to read: 
   1596.871.  The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a child
care center or family child care home. It is the intent of the
Legislature in enacting this section to require the fingerprints of
those individuals whose contact with child day care facility clients
may pose a risk to the children's health and safety. An individual
shall be required to obtain either a criminal record clearance or a
criminal record exemption from the State Department of Social
Services before his or her initial presence in a child day care
facility.
   (a) (1) Before issuing a license or special permit to any person
to operate or manage a day care facility, the department shall secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in subdivision
(c) of Section 290 of the Penal Code, for violating Section 245 or
273.5, subdivision (b) of Section 273a or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
   (3) Except during the 2003-04  through 2012-13 
 to the 2014-15  fiscal years, inclusive, neither the
Department of Justice nor the department may charge a fee for the
fingerprinting of an applicant who will serve six or fewer children
or any family day care applicant for a license, or for obtaining a
criminal record of an applicant pursuant to this section.
   (4) The following shall apply to the criminal record information:
   (A) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
   (B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
   (C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
   (D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
   (E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, in addition to the
search required by subdivision (a). If an applicant meets all other
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal history information for the applicant and
persons listed in subdivision (b), the department may issue a license
if the applicant and each person described by subdivision (b) has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after licensure, the department
determines that the licensee or person specified in subdivision (b)
has a                                           criminal record, the
license may be revoked pursuant to Section 1596.885. The department
may also suspend the license pending an administrative hearing
pursuant to Section 1596.886.
   (b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
   (A) Adults responsible for administration or direct supervision of
staff.
   (B) Any person, other than a child, residing in the facility.
   (C) Any person who provides care and supervision to the children.
   (D) Any staff person, volunteer, or employee who has contact with
the children.
   (i) A volunteer providing time-limited specialized services shall
be exempt from the requirements of this subdivision if this person is
directly supervised by the licensee or a facility employee with a
criminal record clearance or exemption, the volunteer spends no more
than 16 hours per week at the facility, and the volunteer is not left
alone with children in care.
   (ii) A student enrolled or participating at an accredited
educational institution shall be exempt from the requirements of this
subdivision if the student is directly supervised by the licensee or
a facility employee with a criminal record clearance or exemption,
the facility has an agreement with the educational institution
concerning the placement of the student, the student spends no more
than 16 hours per week at the facility, and the student is not left
alone with children in care.
   (iii) A volunteer who is a relative, legal guardian, or foster
parent of a client in the facility shall be exempt from the
requirements of this subdivision.
   (iv) A contracted repair person retained by the facility, if not
left alone with children in care, shall be exempt from the
requirements of this subdivision.
   (v) Any person similar to those described in this subdivision, as
defined by the department in regulations.
   (E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer, other person serving in
like capacity, or a person designated by the chief executive officer
as responsible for the operation of the facility, as designated by
the applicant agency.
   (F) If the applicant is a local educational agency, the president
of the governing board, the school district superintendent, or a
person designated to administer the operation of the facility, as
designated by the local educational agency.
   (G) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
   (H) This section does not apply to employees of child care and
development programs under contract with the State Department of
Education who have completed a criminal record clearance as part of
an application to the Commission on Teacher Credentialing, and who
possess a current credential or permit issued by the commission,
including employees of child care and development programs that serve
both children subsidized under, and children not subsidized under, a
State Department of Education contract. The Commission on Teacher
Credentialing shall notify the department upon revocation of a
current credential or permit issued to an employee of a child care
and development program under contract with the State Department of
Education.
   (I) This section does not apply to employees of a child care and
development program operated by a school district, county office of
education, or community college district under contract with the
State Department of Education who have completed a criminal record
clearance as a condition of employment. The school district, county
office of education, or community college district upon receiving
information that the status of an employee's criminal record
clearance has changed shall submit that information to the
department.
   (2) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individuals exempt from
the requirements under this subdivision.
   (c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a child day care
facility be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal conviction. The licensee shall
submit fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation, through the
Department of Justice, or to comply with paragraph (1) of subdivision
(h), prior to the person's employment, residence, or initial
presence in the child day care facility.
   (B) These fingerprint images for the purpose of obtaining a
permanent set of fingerprints shall be electronically submitted to
the Department of Justice in a manner approved by the State
Department of Social Services and to the Department of Justice, or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency, and an
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1596.885 or Section 1596.886. The State Department of
Social Services may assess civil penalties for continued violations
permitted by Sections 1596.99 and 1597.62. The fingerprint images and
related information shall then be submitted to the department for
processing. Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided in
this subdivision. If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images. If new
fingerprint images are required for processing, the Department of
Justice shall, within 14 calendar days from the date of receipt of
the fingerprint images, notify the licensee that the fingerprints
were illegible.
   (C) Documentation of the individual's clearance or exemption shall
be maintained by the licensee, and shall be available for
inspection. When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the
department, as required by that section, and notify the licensee by
mail within 14 days of electronic transmission of the fingerprints to
the Department of Justice, if the person has no criminal record. Any
violation of the regulations adopted pursuant to Section 1522.04
shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1596.885 or Section 1596.886. The department may assess civil
penalties for continued violations, as permitted by Sections 1596.99
and 1597.62.
   (2) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the department, on the basis of
fingerprints submitted to the Department of Justice, that the person
has been convicted of a sex offense against a minor, an offense
specified in Section 243.4, 273a, 273d, 273g, or 368 of the Penal
Code, or a felony, the State Department of Social Services shall
notify the licensee to act immediately to terminate the person's
employment, remove the person from the child day care facility, or
bar the person from entering the child day care facility. The
department may subsequently grant an exemption pursuant to
subdivision (f). If the conviction was for another crime except a
minor traffic violation, the licensee shall, upon notification by the
State Department of Social Services, act immediately to either (1)
terminate the person's employment, remove the person from the child
day care facility, or bar the person from entering the child day care
facility; or (2) seek an exemption pursuant to subdivision (f). The
department shall determine if the person shall be allowed to remain
in the facility until a decision on the exemption is rendered. A
licensee's failure to comply with the department's prohibition of
employment, contact with clients, or presence in the facility as
required by this paragraph shall result in a citation of deficiency
and an immediate assessment of civil penalties by the department
against the licensee, in the amount of one hundred dollars ($100) per
violation per day for a maximum of five days, unless the violation
is a second or subsequent violation within a 12-month period in which
case the civil penalties shall be in the amount of one hundred
dollars ($100) per violation for a maximum of 30 days, and shall be
grounds for disciplining the licensee pursuant to Section 1596.885 or
1596.886.
   (3) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
   (4) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
   (d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, when
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, notwithstanding a subsequent order pursuant to Sections
1203.4 and 1203.4a of the Penal Code permitting the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this section
or any other provision of this chapter, the record of a conviction,
or a copy thereof certified by the clerk of the court or by a judge
of the court in which the conviction occurred, shall be conclusive
evidence of the conviction. For purposes of this section or any other
provision of this chapter, the arrest disposition report certified
by the Department of Justice, or documents admissible in a criminal
action pursuant to Section 969b of the Penal Code, shall be prima
facie evidence of conviction, notwithstanding any other provision of
law prohibiting the admission of these documents in a civil or
administrative action.
   (2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
   (e) The State Department of Social Services may not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
   (f) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for
employment, residence, or presence in a child day care facility as
specified in paragraphs (3), (4), and (5) of subdivision (c) if the
director has substantial and convincing evidence to support a
reasonable belief that the applicant and the person convicted of the
crime, if other than the applicant, are of good character so as to
justify issuance of the license or special permit or granting an
exemption for purposes of subdivision (c). However, an exemption may
not be granted pursuant to this subdivision if the conviction was for
any of the following offenses:
   (A) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
   (B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) or (b) of
Section 451 of the Penal Code.
   (2) The department may not prohibit a person from being employed
or having contact with clients in a facility on the basis of a denied
criminal record exemption request or arrest information unless the
department complies with the requirements of Section 1596.8897.
   (g) Upon request of the licensee, who shall enclose a
self-addressed stamped postcard for this purpose, the Department of
Justice shall verify receipt of the fingerprint images.
   (h) (1) For the purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the department, and shall include
a copy of the person's driver's license or valid identification card
issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States
government if the person is not a California resident. Upon request
of the licensee, who shall enclose a self-addressed stamped envelope
for this purpose, the department shall verify whether the individual
has a clearance that can be transferred.
   (2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearances to be transferred.
   (3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
   (A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
   (B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
   (C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
   (4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
   (A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice, only if all of the following
conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
   (B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
   (ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
   (C) The Department of Justice shall charge the department or a
county office with department-delegated licensing authority a fee for
each time a request to substitute the recipient agency is received
for purposes of this paragraph. This fee shall not exceed the cost of
providing the service.
   (i) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
   SEC. 7.    Section 319.2 of the   Welfare
and Institutions Code   is amended to read: 
   319.2.  Notwithstanding Section 319, when a child under the age of
six years 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, as defined in
Section 1530.8 of the Health and Safety Code, only when the court
finds that placement is necessary to secure a complete and adequate
evaluation, including placement planning and transition time. The
placement period shall not exceed 60 days unless a case plan has been
developed and the need for additional time is documented in the case
plan and has been approved by the  supervisor of the
caseworker's supervisor   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
 .
   SEC. 8.    Section 319.3 is added to the  
Welfare and Institutions Code   , to read:  
   319.3.  Notwithstanding Section 319, a dependent child who is six
to 12 years of age, inclusive, may be placed in community care
facility licensed as a group home for children or in a temporary
shelter care facility, as defined in Section 1530.8 of the Health and
Safety Code, only when the court finds that placement is necessary
to secure a complete and adequate evaluation, including placement
planning and transition time. The placement period shall not exceed
60 days unless a case plan has been developed and the need for
additional time is documented in the case plan and has been approved
by a 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. 
   SEC. 9.   Section 361.2 of the   Welfare and
Institutions Code   is amended to read: 
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do any
of the following:
   (1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
   (3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a noncustodial parent as described in subdivision
(a), regardless of the parent's immigration status.
   (2) The approved home of a relative, regardless of the relative's
immigration status.
   (3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
   (4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (5) A suitable licensed community care facility.
   (6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (7) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
   (8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A)  (i)    When a case plan indicates that
placement is for purposes of providing  specialized 
 short-term, specialized, and intensive  treatment to the
child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment,  and  
pursuant to paragraph (2) of subdivision (c) of Section 16501.1,
 the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1  , and 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 has approved the case plan  .  The
specialized
    (ii)     The short term, specialized, and
intensive  treatment period shall not exceed 120 days, unless
 additional time is needed pursuant to the case plan as
documented by the caseworker and approved by the caseworker's
supervisor   the county has made progress toward or is
actively working toward implementing the case plan that identifies
the services or supports necessary to transition the child to a
family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a 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  . 
   (iii) To the extent that placements pursuant to this paragraph are
extended beyond an initial 120 days, the requirements of clauses (i)
and (ii) shall apply to each extension. In addition, 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 shall approve the continued placement no
less frequently than every 60 days. 
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services. 

   (9) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children only when a case plan indicates that placement is for
purposes of providing short-term, specialized, and intensive
treatment for the child, the case plan specifies the need for, nature
of, and anticipated duration of this treatment, pursuant to
paragraph (2) of subdivision (c) of Section 16501.1, and is approved
by 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.  
   (B) The short-term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress or
is actively working toward implementing the case plan that identifies
the services or supports necessary to transition the child to a
family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a 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.  
   (C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraph (A) and (B) shall apply to each extension. In addition,
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 shall approve the
continued placement no less frequently than every 60 days. 

   (9) 
   (10)  Nothing in this subdivision shall be construed to
allow a social worker to place any dependent child outside the United
States, except as specified in subdivision (f).
   (f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best
interest of the child, except as required by federal law or treaty.
   (2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and must show, by
clear and convincing evidence, that placement outside the United
States is in the best interest of the child.
   (3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:
   (A) Placement with a relative.
   (B) Placement of siblings in the same home.
   (C) Amount and nature of any contact between the child and the
potential guardian or caretaker.
   (D) Physical and medical needs of the dependent child.
   (E) Psychological and emotional needs of the dependent child.
   (F) Social, cultural, and educational needs of the dependent
child.
   (G) Specific desires of any dependent child who is 12 years of age
or older.
   (4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker to
make a placement outside the United States. A child subject to this
subdivision shall not leave the United States prior to the issuance
of the order described in this paragraph.
   (5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.
   (6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).
   (g) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (h) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
   (j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
   (k) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement of
the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:
   (A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
   (B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
   (C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
   (2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.
   SEC. 10.    Section 626 of the   Welfare and
Institutions Code   is amended to read: 
   626.  An officer who takes a minor into temporary custody under
the provisions of Section 625 may do any of the following:
   (a) Release the minor.
   (b) Deliver or refer the minor to a public or private agency with
which the city or county has an agreement or plan to provide shelter
care, counseling, or diversion services to minors so delivered. 
A placement of a child in a community care facility as specified in
Section 1530.8 of the Health and Safety Code shall be made in
accordance with Section 319.2 or 319.3, as applicable, and with
paragraph (8) or (9) of subdivision (e) of Section 361.2, as
applicable. 
   (c) Prepare in duplicate a written notice to appear before the
probation officer of the county in which the minor was taken into
custody at a time and place specified in the notice. The notice shall
also contain a concise statement of the reasons the minor was taken
into custody. The officer shall deliver one copy of the notice to the
minor or to a parent, guardian, or responsible relative of the minor
and may require the minor or the minor's parent, guardian, or
relative, or both, to sign a written promise to appear at the time
and place designated in the notice. Upon the execution of the promise
to appear, the officer shall immediately release the minor. The
officer shall, as soon as practicable, file one copy of the notice
with the probation officer. The written notice to appear may require
that the minor be fingerprinted, photographed, or both, upon the
minor's appearance before the probation officer, if the minor is a
person described in Section 602 and he or she was taken into custody
upon reasonable cause for the commission of a felony.
   (d) Take the minor without unnecessary delay before the probation
officer of the county in which the minor was taken into custody, or
in which the minor resides, or in which the acts take place or the
circumstances exist which are alleged to bring the minor within the
provisions of Section 601 or 602, and deliver the custody of the
minor to the probation officer. The peace officer shall prepare a
concise written statement of the probable cause for taking the minor
into temporary custody and the reasons the minor was taken into
custody and shall provide the statement to the probation officer at
the time the minor is delivered to the probation officer. In no case
shall the officer delay the delivery of the minor to the probation
officer for more than 24 hours if the minor has been taken into
custody without a warrant on the belief that the minor has committed
a misdemeanor.
   In determining which disposition of the minor to make, the officer
shall prefer the alternative which least restricts the minor's
freedom of movement, provided that alternative is compatible with the
best interests of the minor and the community.
   SEC. 11.    Section 727 of the   Welfare and
Institutions Code   is amended to read: 
   727.  (a) (1) If a minor is adjudged a ward of the court on the
ground that he or she is a person described by Section 601 or 602,
the court may make any reasonable orders for the care, supervision,
custody, conduct, maintenance, and support of the minor, including
medical treatment, subject to further order of the court.
   (2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 32625 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
   (3) In all other cases, the court shall order the care, custody,
and control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
   (A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
   (B) A suitable licensed community care facility.  A placement
of a child in a community care facility, as specified in Section
1530.8 of the Health and Safety Code, shall be made in accordance
with Section 319.2 or 319.3, as applicable, and with paragraph (8) or
(9) of subdivision (e) of Section 361.2, as applicable. 
   (C) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (D) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (C),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
   (ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor at
the group home in applying and using the reasonable and prudent
parent standard.
   (b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (v) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. The purpose of joinder under this
section is to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be maintained
for any other purpose. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
   (2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the minor, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency has complied with that chapter.
   (3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
   (c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
   (d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
   If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.
   SEC. 12.    Section 11155 of the   Welfare
and Institutions Code   is amended to read: 
   11155.  (a) Notwithstanding Section 11257, in addition to the
personal property or resources permitted by other provisions of this
part, and to the extent permitted by federal law, an applicant or
recipient for aid under this chapter including an applicant or
recipient under Chapter 2 (commencing with Section 11200) may retain
countable resources in an amount equal to the amount permitted under
federal law for qualification for the federal Supplemental Nutrition
Assistance Program, administered in California as CalFresh.
   (b) The county shall determine the value of exempt personal
property other than motor vehicles in conformance with methods
established under CalFresh.
   (c) (1) The value of licensed vehicles shall be the greater of the
fair market value as provided in paragraph (3) or the equity value,
as provided in paragraph (5), unless an exemption as provided in
paragraph (2) applies.
   (2) The entire value of any licensed vehicle shall be exempt if
any of the following apply:
   (A) It is used primarily for income-producing purposes.
   (B) It annually produces income that is consistent with its fair
market value, even if used on a seasonal basis.
   (C) It is necessary for long distance travel, other than daily
commuting, that is essential for the employment of a family member.
   (D) It is used as the family's residence.
   (E) It is necessary to transport a physically disabled family
member, including an excluded disabled family member, regardless of
the purpose of the transportation.
   (F) It would be exempted under any of subparagraphs (A) to (D),
inclusive, but the vehicle is not in use because of temporary
unemployment.
   (G) It is used to carry fuel for heating for home use, when the
transported fuel or water is the primary source of fuel or water for
the family.
   (H) The equity value of the vehicle is one thousand five hundred
one dollars ($1,501) or less.
   (3) Each licensed vehicle that is not exempted under paragraph (2)
shall be individually evaluated for fair market value, and any
portion of the value that exceeds four thousand six hundred fifty
dollars ($4,650) shall be attributed in full market value toward the
family's resource level, regardless of any encumbrances on the
vehicle, the amount of the family's investment in the vehicle, and
whether the vehicle is used to transport family members to and from
employment.
   (4) Any licensed vehicle that is evaluated for fair market value
shall also be evaluated for its equity value, except for the
following:
   (A) One licensed vehicle per adult family member, regardless of
the use of the vehicle.
   (B) Any licensed vehicle, other than those to which subparagraph
(A) applies, that is driven by a family member under 18 years of age
to commute to, and return from his or her place of employment or
place of training or education that is preparatory to employment, or
to seek employment. This subparagraph applies only to vehicles used
during a temporary period of unemployment.
   (5) For purposes of this section, the equity value of a licensed
vehicle is the fair market value less encumbrances.
   (d) The value of any unlicensed vehicle shall be the fair market
value less encumbrances, unless an exemption applies under paragraph
(2). 
   (e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.  
  SEC. 13.    Section 11155 is added to the Welfare and
Institutions Code, to read:
   11155.  (a) Notwithstanding Section 11257, in addition to the
personal property or resources permitted by other
                                 provisions of this part, and to the
extent permitted by federal law, an applicant or recipient for aid
under this chapter including an applicant or recipient under Chapter
2 (commencing with Section 11200) may retain countable resources in
an amount equal to the amount permitted under federal law for
qualification for the federal Supplemental Nutrition Assistance
Program, administered in California as CalFresh.
   (b) The county shall determine the value of exempt personal
property other than motor vehicles in conformance with methods
established under CalFresh.
   (c) (1) (A) The value of each licensed vehicle that is not exempt
under paragraph (4) shall be the equity value of the vehicle, which
shall be the fair market value less encumbrances.
   (B) Any vehicle with an equity value of nine thousand five hundred
dollars ($9,500) or less shall not be attributed to the family's
resource level.
   (C) For each licensed vehicle with an equity value of more than
nine thousand five hundred dollars ($9,500), the equity value that
exceeds nine thousand five hundred dollars ($9,500) shall be
attributed to the family's resource level.
   (2) The equity threshold described in paragraph (1) of nine
thousand five hundred dollars ($9,500) shall be adjusted upward
annually by the increase, if any, in the United States Transportation
Consumer Price Index for all urban consumers published by the United
States Department of Labor, Bureau of Labor Statistics.
   (3) The county shall determine the fair market value of the
vehicle in accordance with a methodology determined by the
department. The applicant or recipient shall self-certify the amount
of encumbrance, if any.
   (4) The entire value of any licensed vehicle shall be exempt if
any of the following apply:
   (A) It is used primarily for income-producing purposes.
   (B) It annually produces income that is consistent with its fair
market value, even if used on a seasonal basis.
   (C) It is necessary for long distance travel, other than daily
commuting, that is essential for the employment of a family member.
   (D) It is used as the family's residence.
   (E) It is necessary to transport a physically disabled family
member, including an excluded disabled family member, regardless of
the purpose of the transportation.
   (F) It would be exempted under any of subparagraphs (A) to (D),
inclusive, but the vehicle is not in use because of temporary
unemployment.
   (G) It is used to carry fuel for heating for home use, when the
transported fuel or water is the primary source of fuel or water for
the family.
   (H) Ownership of the vehicle was transferred through a gift,
donation, or family transfer, as defined by the Department of Motor
Vehicles.
   (d) This section shall become operative on January 1, 2014. 
   SEC. 14.    Section 11265 of the   Welfare
and Institutions Code   is amended to read: 
   11265.  (a) The county shall redetermine eligibility annually. The
county shall at the time of the redetermination, and may at other
intervals as may be deemed necessary, require the family to complete
a certificate of eligibility containing a written declaration of the
information that may be required to establish the continuing
eligibility and amount of grant pursuant to Section 11004.
   (b)  (1)    The certificate shall include blanks
wherein shall be stated the names of all children receiving aid,
their present place of residence, the names and status of any other
adults living in the home, the name, and if known, the social
security number and present whereabouts of a parent who is not living
in the home, and any outside income that may have been received
through employment, gifts, or the sale of real or personal property.

   Each 
    (2)     Each  adult member of the
family shall provide, under penalty of perjury, the information
necessary to complete the certificate.
   (c)  (1)    If the certificate is mailed to the
family, it shall be accompanied by a stamped envelope for its return.
 In the event   If  the certificate is not
completed and returned within 10 days after it is mailed or
personally delivered to the family, a home visit or other personal
meeting shall be made to or with the family, and the certificate
shall then be completed with the assistance of the eligibility
worker, if needed. 
   The 
    (2)     The  department may adopt
regulations providing for waiver of the deadline for returning the
completed certificate when the recipient is considered to be mentally
or physically unable to meet the deadline. 
   (d) (1) A county shall comply with the reporting provisions of
this section until the county certifies to the director that
semiannual reporting has been implemented in the county.  
   (2) This section shall become inoperative on October 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.  
  SEC. 15.    Section 11265 is added to the Welfare and
Institutions Code, to read:
   11265.  (a) The county shall redetermine eligibility annually. The
county shall at the time of the redetermination, and may at other
intervals as may be deemed necessary, require the family to complete
a certificate of eligibility containing a written declaration of the
information that may be required to establish the continuing
eligibility and amount of grant pursuant to Section 11004.
   (b) (1) The certificate shall include blanks wherein shall be
stated the names of all children receiving aid, their present place
of residence, the names and status of any other adults living in the
home, the name and, if known, the social security number and present
whereabouts of a parent who is not living in the home, and any
outside income that may have been received through employment, gifts,
or the sale of real or personal property.
   (2) Each adult member of the family shall provide, under penalty
of perjury, the information necessary to complete the certificate.
   (c) (1) If the certificate is mailed to the family, it shall be
mailed no later than the end of the month prior to the month it is
due and shall be accompanied by a postage-paid envelope for its
return. If a complete certificate is not received by the 15th day of
the month in which the certificate is due, the county shall provide
the recipient with a notice that the county will terminate benefits
at the end of the month. Prior to terminating benefits, the county
shall attempt to make personal contact by a county worker to remind
the recipient that a completed certificate is due. The certificate
shall be completed with the assistance of the eligibility worker, if
needed. For recipients also receiving CalFresh benefits, the
certificate shall be completed pursuant to the timeframes required by
federal and state law for the CalFresh program.
   (2) The department may adopt regulations providing for waiver of
the deadline for returning the completed certificate when the
recipient is considered to be mentally or physically unable to meet
the deadline.
   (d) (1) This section shall become operative on April 1, 2013. A
county shall implement the requirements of this section no later than
October 1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with this section. 
   SEC. 16.    Section 11265.1 of   the 
 Welfare and Institutions Code   , as added by Section 7
of Chapter 501 of the Statutes of 2011, is amended to read: 
   11265.1.  (a)  In addition to the requirement for an
annual redetermination of eligibility, counties  
Counties  shall redetermine recipient eligibility and grant
amounts on a semiannual basis in a prospective manner, using
reasonably anticipated income consistent with Section 5 of the
federal Food  Stamp   and Nutrition  Act
 of 2008  (7 U.S.C. Sec.  2014(f)(3)(A)),
 2014(f)(3)(A)) and any subsequent amendments thereto, 
implementing regulations, and any waivers obtained by the department
pursuant to  subdivision (g) of  Section 
11265.2   18910  . Counties shall use the
information reported on a recipient's semiannual report form 
  or annual certificate of eligibility required pursuant to
Section 11265  to prospectively determine eligibility and the
grant amount for  the following   each 
semiannual reporting period.
   (b) A semiannual reporting period shall be six consecutive
calendar months.  The recipient shall submit one semiannual
report form for each semiannual reporting period. Counties 
 In addition   to the annual certificate of eligibility
required pursuant to Section 11265, a semiannual report form shall be
required during the first semiannual reporting period following the
application or annual redetermination. 
    (c)     (1)     The 
 recipient shall submit a semiannual report form during the
first semiannual reporting period following the application or annual
redetermination of eligibility. 
    (2)     Counties  shall provide a
semiannual report form to recipients at the end of the fifth month of
the semiannual reporting period, and recipients shall return the
completed semiannual report form with required verification to the
county by the 11th day of the sixth month of the semiannual reporting
period. 
   (c) 
    (3)  The semiannual report form shall be signed under
penalty of perjury, and shall include only the information necessary
to determine CalWORKs and CalFresh eligibility and calculate the
CalWORKs grant amount and CalFresh allotment, as specified by the
department. The form shall be  as comprehensible 
 written in language that is as understandable  as possible
for recipients and shall require recipients to provide the following:

   (1) 
    (A)  Information about income received during the fifth
month of the semiannual reporting period. 
   (2) 
    (B)  Any other changes to facts required to be reported.
The recipient shall provide verification as specified by the
department with the semiannual report form. 
   (d) A 
    (4)     The  semiannual report form
shall be considered complete if the following requirements, as
specified by the department, are met: 
   (1) 
    (A)  The form is signed no earlier than the first day of
the sixth month of the semiannual reporting period by the persons
specified by the department. 
   (2) 
    (B)  All questions and items pertaining to CalWORKs and
CalFresh eligibility and grant amounts are answered. 
   (3) 
    (C)  Verification required by the department is
provided. 
   (e) 
    (5)  If a recipient fails to submit a complete
semiannual report form, as described in  subdivision (d)
  paragraph (4)  , by the 11th day of the sixth
month of the semiannual reporting period, the county shall provide
the recipient with a notice that the county will terminate benefits
at the end of the month. Prior to terminating benefits, the county
shall attempt to make personal contact  by a county worker 
to remind the recipient that a completed report is  due,
  due  or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received by the  end of the  first
working day of the first month of the following semiannual reporting
period. 
   (f) 
    (6)  The county may determine, at any time prior to the
last day of the calendar month following discontinuance for
nonsubmission of a semiannual report form, that a recipient had good
cause for failing to submit a complete semiannual report form, as
described in  subdivision (d)   paragraph (4)
 , by the  end of the  first working day of the month
following discontinuance. If the county finds a recipient had good
cause, as defined by the department, it shall rescind the
discontinuance notice. Good cause exists only when the recipient
cannot reasonably be expected to fulfill his or her reporting
responsibilities due to factors outside of the recipient's control.

   (g) 
    (d)  Administrative savings that may be reflected in the
 annual  Budget Act due to the implementation of semiannual
reporting pursuant to the act that added this section shall not
exceed the amount necessary to fund the net General Fund  and
TANF  costs of the semiannual reporting provisions of that act.
Possible additional savings in excess of this amount may only be
reflected in the  annual  Budget Act to the extent that they
are based on actual savings related to the change to semiannual
reporting calculated based on data developed in consultation with the
County Welfare Directors Association (CWDA). 
   (h) 
    (e)  The department, in consultation with the CWDA,
shall update the relevant policy and fiscal committees of the
Legislature as information becomes available regarding the effects
upon the program efficiency of implementation of semiannual reporting
requirements set forth in Section 11004.1. The update shall be based
on data collected by CWDA and select counties. The department, in
consultation with CWDA, shall determine the data collection needs
required to assess the effects of the semiannual reporting. 
   (i) 
    (f)  Counties may establish staggered semiannual
reporting cycles for individual recipients, based on factors
established or approved by the department,  including, but
not limited to, application date or case number;  
provided the semiannual reporting cycle is aligned with the annual
redetermination of eligibility;  however, all recipients within
a county must be transitioned to a semiannual reporting system
simultaneously. Up to and until the establishment of a countywide
semiannual system, counties shall operate a quarterly system, as
established by law and regulation applicable immediately prior to the
establishment of the semiannual reporting system. 
   (j) 
    (g)  (1) This section shall become operative on April 1,
2013. A county shall implement the semiannual reporting requirements
in accordance with the act that added this section no later than
October 1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 17.    Section 11265.2 of   the 
 Welfare and Institutions Code   , as added by Section 9
of Chapter 501 of the Statutes of 2011, is amended to read: 
   11265.2.  (a) The grant amount a recipient shall be entitled to
receive for each month of the semiannual reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming  quarter,   semiannual
period,  compared to the income the recipient reported actually
receiving on the semiannual report  form,   form
  or   the annual certificate of eligibility
required pursuant to Section 11265,  the grant shall be
calculated using the actual income received. If a recipient reports
that he or she anticipates a change in income in one or more months
of the upcoming semiannual period, the county shall determine whether
the recipient's income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated  in each of the six months of   for
 the upcoming semiannual period.
   (b) For the purposes of the semiannual reporting, prospective
budgeting system, income shall be considered to be "reasonably
anticipated" if the county is reasonably certain of the amount of
income and that the income will be received during the semiannual
reporting period. The county shall determine what income is
"reasonably anticipated" based on information provided by the
recipient and any other available information.
   (c) If a recipient reports that his or her income in the upcoming
semiannual period will be different each month and the county needs
additional information to determine a recipient's reasonably
anticipated income for the following semiannual period, the county
may require the recipient to provide information about income for
each month of the prior semiannual period.
   (d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the semiannual reporting
period, except as provided in Section 11265.3 and subdivisions (e),
(f), (g), and (h), and as otherwise established by the department.
   (e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 48-month time limit, (2) age limitations for
children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in those statutes and regulations. Eligibility and grant
amount shall be adjusted during the semiannual reporting period
pursuant to those statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
   (f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant'
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
   (g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
   (h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be  discontinued.   discontinued with timely and
adequate notice.  The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
   (i) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 18.    Section 11265.3   of the 
 Welfare and Institutions Code   , as added by Section
11 of Chapter 501 of the Statutes of 2011, is amended to read: 
   11265.3.  (a) In addition to submitting the semiannual report form
as required in Section 11265.1, the department shall establish an
income reporting threshold for recipients of CalWORKs.
   (b) The CalWORKs income reporting threshold shall be the lesser of
the following:
   (1) Fifty-five percent of the monthly income for a family of three
at the federal poverty level, plus the amount of income last used to
calculate the recipient's monthly benefits.
   (2) The amount likely to render the recipient ineligible for
 federal Supplemental Nutrition Assistance Program
 CalWORKs  benefits.
   (3) The amount likely to render the recipient ineligible for
 CalWORKs   federal Supplemental Nutrition
Assistance Program  benefits.
   (c) A recipient shall report to the county, orally or in writing,
within 10 days, when any of the following occurs:
   (1) The monthly household income exceeds the threshold established
pursuant to this section.
   (2) The household address has changed.  The act of failing to
report an address change shall not, in and of itself, result 
 in a reduction in aid or termination of benefits. 
   (3) A drug felony conviction, as specified in Section 11251.3.
   (4) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition of probation or parole, as
specified in Section 11486.5.
   (d) At least once per semiannual reporting period, counties shall
inform each recipient of all of the following: 
   (1) The amount of the recipient's income reporting threshold.
 
   (1) 
    (2)  The duty to report under this section. 
   (2) 
    (3)  The consequences of failing to report. 
   (3) The amount of the recipient's income reporting threshold.

   (e) When a recipient reports income exceeding the reporting
threshold, the county shall redetermine eligibility and the grant
amount as follows:
   (1) If the recipient reports the increase in income for the first
through fifth months of a current semiannual reporting period, the
county shall verify the report and determine the recipient's
financial eligibility and grant amount.
   (A) If the recipient is determined to be financially ineligible
based on the increase in income, the county shall discontinue the
recipient with timely and adequate notice, effective at the end of
the month in which the income was received.
   (B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, the county shall reduce the
recipient's grant amount for the remainder of the semiannual
reporting period with timely and adequate notice, effective the first
of the month following the month in which the income was received.
   (2) If the recipient reports an increase in income for the sixth
month of a current semiannual reporting period, the county shall not
redetermine eligibility for the current semiannual reporting period,
but shall consider this income in redetermining eligibility and the
grant amount for the following semiannual reporting period, as
provided in  Section   Sections 11265.1 and
 11265.2.
   (f) Counties shall act upon changes in income voluntarily reported
during the semiannual reporting period that result in an increase in
benefits, only after verification specified by the department is
received. Reported changes in income that increase the grants shall
be effective for the entire month in which the change is reported. If
the reported change in income results in an increase in benefits,
the county shall issue the increased benefit amount within 10 days of
receiving required verification.
   (g) (1) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine 
 recalculate  the grant for the current month and any
remaining months in the semiannual reporting period  by
averaging   pursuant to Sections 11265.1 and 11265.2
based on  the actual gross monthly income reported and verified
from the voluntary report for the current month and the gross monthly
income that is reasonably anticipated for any future  month
  months  remaining in the semiannual reporting
period.
   (2) When the  average   anticipated income
 is determined pursuant to paragraph (1), and a grant amount is
calculated based upon the  averaged   new 
income, if the grant amount is higher than the grant currently in
effect, the county shall revise the grant for the current month and
any remaining months in the semiannual reporting period to the higher
amount and shall issue any increased benefit amount as provided in
subdivision (f).
   (h) During the semiannual reporting period, a recipient may report
to the county, orally or in writing, any changes in income and
household circumstances that may increase the recipient's grant.
Except as provided in subdivision (i), counties shall act only upon
changes in household composition voluntarily reported by the
recipients during the semiannual reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first through fifth month of the semiannual reporting period and
results in an increase in benefits, the county shall 
redetermine   recalculate  the grant effective for
the month following the month in which the change was reported. If
the reported change in household composition is for the sixth month
of a semiannual reporting period, the county shall not redetermine
the grant for the current semiannual reporting period, but shall
redetermine the grant for the following reporting period as provided
in  Section   Sections 11265.1 and 
11265.2.
   (i) During the semiannual reporting period, a recipient may
request that the county discontinue the recipient's entire assistance
unit or any individual member of the assistance unit who is no
longer in the home or is an optional member of the assistance unit.
If the recipient's request  was   is 
verbal, the county shall provide a 10-day notice before discontinuing
benefits. If the recipient's  report was  
request is  in writing, the county shall discontinue benefits
effective the end of the month in which the request is made, and
simultaneously issue a notice informing the recipient of the
discontinuance.
   (j) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance                                               with the act
that added this section no later than October 1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 19.    Section 11265.4 of the   Welfare
and Institutions Code   is amended to read: 
   11265.4.  (a) If a recipient submits a complete report form within
the month following the discontinuance for nonsubmission of a report
form pursuant to Section 11265.1, the county shall restore benefits
to the household, without requiring a new application or interview,
and shall prorate benefits from the date that the household provides
the completed report form. These households shall be considered
recipient cases and shall not be subject to applicant eligibility
criteria. A recipient of transitional CalFresh benefits shall not
receive prorated CalFresh benefits during the same month.
   (b) This section shall not be implemented until the department has
obtained all necessary federal approvals under the federal Food and
Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.). 
   (c) This section shall become operative on July 1, 2012. 

   (c) (1) A county shall comply with this section until the county
certifies to the director that semiannual reporting has been
implemented in the county.  
   (2) This section shall become inoperative on October 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed. 
   SEC. 20.    Section 11265.4 is added to the 
 Welfare and Institutions Code   , to read:  
   11265.4.  (a) If a recipient submits a complete report form within
the month following the discontinuance for nonsubmission of a
semiannual report form required pursuant to subdivision (c) of
Section 11265.1, the county shall restore benefits to the household,
without requiring a new application or interview, and shall prorate
benefits from the date that the household provides the completed
report form. These households shall be considered recipient cases and
shall not be subject to applicant eligibility criteria. A recipient
of transitional CalFresh benefits shall not receive prorated CalFresh
benefits during the same month. This section shall not apply to the
annual certificate of eligibility required to be completed pursuant
to Section 11265.
   (b) This section shall not be implemented until the department has
obtained all necessary federal approvals under the federal Food and
Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.).
   (c) (1) This section shall become operative on April 1, 2013. A
county shall implement the requirements of this section no later than
October 1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with this section. 
   SEC. 21.    Section 11320.1 of the   Welfare
and Institutions Code   is amended to read: 
   11320.1.  Subsequent to the commencement of the receipt of aid
under this chapter, the sequence of employment related activities
required of participants under this article, unless exempted under
Section 11320.3, shall be as follows:
   (a) Job search.  Recipients shall, and applicants may, at the
option of a county and with the consent of the applicant, receive
orientation to the welfare-to-work program provided under this
article, receive appraisal pursuant to Section 11325.2, and
participate in job search and job club activities provided pursuant
to Section 11325.22.
   (b) Assessment.  If employment is not found during the period
provided for pursuant to subdivision (a), or at any time the county
determines that participation in job search for the period specified
in subdivision (a) of Section 11325.22 is not likely to lead to
employment, the participant shall be referred to assessment, as
provided for in Section 11325.4. Following assessment, the county and
the participant shall develop a welfare-to-work plan, as specified
in Section 11325.21. The plan shall specify the activities provided
for in Section 11322.6 to which the participant shall be assigned,
and the supportive services, as provided for pursuant to Section
11323.2, with which the recipient will be provided.
   (c) Work activities.  A participant who has signed a
welfare-to-work plan pursuant to Section 11325.21 shall participate
in work activities, as described in this article. 
   (d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.  
  SEC. 22.    Section 11320.1 is added to the Welfare and
Institutions Code, to read:
   11320.1.  Subsequent to the commencement of the receipt of aid
under this chapter, the sequence of employment-related activities
required of recipients under this article, unless exempted under
Section 11320.3, shall be as follows:
   (a) Orientation and appraisal.  Recipients shall, and applicants
may, at the option of a county and with the consent of the applicant,
receive orientation to the welfare-to-work program provided under
this article and receive appraisal pursuant to Section 11325.2.
   (b) After orientation and appraisal, recipients shall participate
in job search and job club pursuant to Section 11325.22, family
stabilization pursuant to Section 11325.24, or substance abuse,
mental health, or domestic violence services, unless the county
determines that the recipient should first go to assessment pursuant
to subdivision (c).
   (c) Assessment.  If employment is not found during the period
provided for pursuant to subdivision (b), or at any time the county
determines that participation in job search for the period specified
in subdivision (a) of Section 11325.22 is not likely to lead to
employment or that, based on information gathered during the
appraisal, further information is needed to make an effective
determination regarding the recipient's next welfare-to-work
activity, the recipient shall be referred to assessment, as provided
for in Section 11325.4. Following assessment, the county and the
recipient shall develop a welfare-to-work plan, as specified in
Section 11325.21. The plan shall specify the activities provided for
in Section 11322.6 to which the recipient shall be assigned, and the
supportive services, as provided for pursuant to Section 11323.2,
with which the recipient will be provided.
   (d) Work activities.  A recipient who has signed a welfare-to-work
plan pursuant to Section 11325.21 shall participate in work
activities, as described in this article.
   (e) This section shall become operative on January 1, 2014. 
   SEC. 23.    Section 11322.63 of the   
 Welfare and Institutions Code   , as amended by Section
13 of Chapter 47 of the Statutes of 2012, is amended to read: 
   11322.63.  (a) For counties that implement a welfare-to-work plan
that includes activities pursuant to subdivisions (b) and (c) of
Section 11322.6, the State Department of Social Services shall pay
the county 50 percent, less fifty-six dollars ($56), of the total
wage costs of an employee for whom a wage subsidy is paid, subject to
all of the following conditions:
   (1) (A) For participants receiving CalWORKs aid, the maximum state
contribution of the total wage cost shall not exceed 100 percent of
the computed grant for the assistance unit in the month prior to
participation in subsidized employment.
   (B) For participants who have received aid in excess of the time
limits provided in subdivision (a) of Section 11454, the maximum
state contribution of the total wage cost, shall not exceed 100
percent of the computed grant for the assistance unit in the month
prior to participation in subsidized employment.
   (C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section
11323.25, the maximum state contribution of the total wage cost shall
not exceed 100 percent of the computed grant that the assistance
unit received in the month prior to participation in the subsidized
employment.
   (D) The maximum state contribution, as defined in this paragraph,
shall remain in effect until the end of the subsidy period as
specified in paragraph (2), including with respect to subsidized
employment participants whose wage results in the assistance unit no
longer receiving a CalWORKs grant.
   (E) State funding provided for total wage costs shall only be used
to fund wage and nonwage costs of the county's subsidized employment
program.
   (2) State participation in the total wage costs pursuant to this
section shall be limited to a maximum of six months of wage subsidies
for each participant. If the county finds that a longer subsidy
period is necessary in order to mutually benefit the employer and the
participant, state participation in a subsidized wage may be offered
for up to 12 months.
   (3) Eligibility for entry into subsidized employment funded under
this section shall be limited to individuals who are not otherwise
employed at the time of entry into the subsidized job, and who are
current CalWORKs recipients, sanctioned individuals, or individuals
described in Section 11320.15 who have exceeded the time limits
specified in subdivision (a) of Section 11454. A county may continue
to provide subsidized employment funded under this section to
individuals who become ineligible for CalWORKs benefits in accordance
with Section 11323.25.
   (b) Upon application for CalWORKs after a participant's subsidized
employment ends, if an assistance unit is otherwise eligible within
three calendar months of the date that subsidized employment ended,
the income exemption requirements contained in Section 11451.5 and
the work requirements contained in subdivision (c) of Section 11201
shall apply. If aid is restored after the expiration of that
three-month period, the income exemption requirements contained in
Section 11450.12 and the work requirements contained in subdivision
(b) of Section 11201 shall apply.
   (c) The department, in conjunction with representatives of county
welfare offices and their directors and the Legislative Analyst's
Office, shall assess the cost neutrality of the subsidized employment
program pursuant to this section and make recommendations to the
Legislature, if necessary, to ensure cost neutrality. The department
shall testify regarding the cost neutrality of the subsidized
employment program during the 2012-13 fiscal year legislative budget
hearings.
   (d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
   (1) The number of CalWORKs recipients that entered subsidized
employment.
   (2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
   (3) The earnings of the program participants before and after the
subsidy.
   (4) The impact of this program on the state's work participation
rate.
   (e) Payment of the state's share in total wage costs required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2. 
   (f) (1) Commencing July 1, 2013, a county that accepts additional
funding for expanded subsidized employment for CalWORKs recipients in
accordance with Section 11322.64 shall continue to expend no less
than the aggregate amount of funding received by the county pursuant
to Section 15204.2 that the county expended on subsidized employment
pursuant to this section in the 2012-13 fiscal year.  
   (2) This subdivision shall not apply for any fiscal year in which
the total CalWORKs caseload is projected by the department to
increase more than 5 percent of the total actual CalWORKs caseload in
the 2012-13 fiscal year.  
   (f) 
    (g)  For purposes of this section, "total wage costs"
include the actual wage paid directly to the participant that is
allowable under the Temporary Assistance for Needy Families program.

   (g) 
    (h)  This section shall become inoperative on October 1,
2013, and as of January 1, 2014, is repealed unless a later enacted
statute that is enacted before January 1, 2014, deletes or extends
that date.
   SEC. 24.    Section   11322.63 of the 
 Welfare and Institutions Code   , as added by Section
14  of Chapter 47 of the Statutes of 2012, is amended to
read: 
   11322.63.  (a) For counties that implement a welfare-to-work plan
that includes subsidized private sector or public sector employment
activities, the State Department of Social Services shall pay the
county 50 percent, less one hundred thirteen dollars ($113), of the
total wage costs of an employee for whom a wage subsidy is paid,
subject to all of the following conditions:
   (1) (A) For participants receiving CalWORKs aid, the maximum state
contribution of the total wage cost shall not exceed 100 percent of
the computed grant for the assistance unit in the month prior to
participation in subsidized employment.
   (B) For participants who have received aid in excess of the time
limits provided in subdivision (a) of Section 11454, the maximum
state contribution of the total wage cost shall not exceed 100
percent of the computed grant for the assistance unit in the month
prior to participation in subsidized employment.
   (C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section
11323.25, the maximum state contribution of the total wage cost shall
not exceed 100 percent of the computed grant that the assistance
unit received in the month prior to participation in the subsidized
employment.
   (D) The maximum state contribution, as defined in this paragraph,
shall remain in effect until the end of the subsidy period as
specified in paragraph (2), including with respect to subsidized
employment participants whose wage results in the assistance unit no
longer receiving a CalWORKs grant.
   (E) State funding provided for total wage costs shall only be used
to fund wage and nonwage costs of the county's subsidized employment
program.
   (2) State participation in the total wage costs pursuant to this
section shall be limited to a maximum of six months of wage subsidies
for each participant. If the county finds that a longer subsidy
period is necessary in order to mutually benefit the employer and the
participant, state participation in a subsidized wage may be offered
for up to 12 months.
   (3) Eligibility for entry into subsidized employment funded under
this section shall be limited to individuals who are not otherwise
employed at the time of entry into the subsidized job, and who are
current CalWORKs recipients, sanctioned individuals, or individuals
described in Section 11320.15 who have exceeded the time limits
specified in subdivision (a) of Section 11454. A county may continue
to provide subsidized employment funded under this section to
individuals who become ineligible for CalWORKs benefits in accordance
with Section 11323.25.
   (b) Upon application for CalWORKs after a participant's subsidized
employment ends, if an assistance unit is otherwise eligible within
three calendar months of the date that subsidized employment ended,
the income exemption requirements contained in Section 11451.5 and
the work requirements contained in subdivision (c) of Section 11201
shall apply. If aid is restored after the expiration of that
three-month period, the income exemption requirements contained in
Section 11450.12 and the work requirements contained in subdivision
(b) of Section 11201 shall apply.
   (c) The department, in conjunction with representatives of county
welfare offices and their directors and the Legislative Analyst's
Office, shall assess the cost neutrality of the subsidized employment
program pursuant to this section and make recommendations to the
Legislature, if necessary, to ensure cost neutrality. The department
shall testify regarding the cost neutrality of the subsidized
employment program during the 2012-13 fiscal year legislative budget
hearings.
   (d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
   (1) The number of CalWORKs recipients that entered subsidized
employment.
   (2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
   (3) The earnings of the program participants before and after the
subsidy.
   (4) The impact of this program on the state's work participation
rate.
   (e) Payment of the state's share in total wage costs required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2. 
   (f) (1) A county that accepts additional funding for expanded
subsidized employment for CalWORKs recipients in accordance with
Section 11322.64 shall continue to expend no less than the aggregate
amount of funding received by the county pursuant to Section 15204.2
that the county expended on subsidized employment pursuant to this
section in the 2012-13 fiscal year.  
   (2) This subdivision shall not apply for any fiscal year in which
the total CalWORKs caseload is projected by the department to
increase more than 5 percent of the total actual CalWORKs caseload in
the 2012-13 fiscal year.  
   (f) 
    (g)  For purposes of this section, "total wage costs"
include the actual wage paid directly to the participant that is
allowable under the Temporary Assistance for Needy Families program.

   (g) 
    (h)  This section shall become operative on October 1,
2013. 
  SEC. 25.    Section 11322.64 is added to the Welfare and
Institutions Code, to read:
   11322.64.  (a) (1) The department, in consultation with the County
Welfare Directors Association of California, shall develop an
allocation methodology to distribute additional funding for expanded
subsidized employment programs for CalWORKs recipients.
   (2) Funds allocated pursuant to this section may be utilized to
cover all expenditures related to the operational costs of the
expanded subsidized employment program, including the cost of
overseeing the program, developing work sites, and providing training
to participants, as well as wage and nonwage costs.
   (3) The department, in consultation with the County Welfare
Directors Association of California, shall determine the amount or
proportion of funding allocated pursuant to this section that may be
utilized for operational costs, consistent with the number of
employment slots anticipated to be created and the funding provided.
   (b) Funds allocated for expanded subsidized employment shall be in
addition to, and independent of, the county allocations made
pursuant to Section 15204.2 and shall not be used by a county to fund
subsidized employment pursuant to Section 11322.63.
   (c) Each county shall submit to the department a plan regarding
how it intends to utilize the funds allocated pursuant to this
section.
   (d) (1) Participation in subsidized employment pursuant to this
section shall be limited to a maximum of six months for each
participant.
   (2) Notwithstanding paragraph (1), a county may extend
participation beyond the six-month limitation described in paragraph
(1) for up to an additional three months at a time, to a maximum of
no more than 12 total months. Extensions may be granted pursuant to
this paragraph if the county determines that the additional time will
increase the likelihood of either of the following:
   (A) The participant obtaining unsubsidized employment with the
participating employer.
   (B) The participant obtaining specific skills and experiences
relevant for unsubsidized employment in a particular field.
   (e) A county may continue to provide subsidized employment funded
under this section to individuals who become ineligible for CalWORKs
benefits in accordance with Section 11323.25.
   (f) Upon application for CalWORKs assistance after a participant's
subsidized employment ends, if an assistance unit is otherwise
eligible within three calendar months of the date that subsidized
employment ended, the income exemption requirements contained in
Section 11451.5 and the work requirements contained in subdivision
(c) of Section 11201 shall apply. If aid is restored after the
expiration of that three-month period, the income exemption
requirements contained in Section 11450.12 and the work requirements
contained in subdivision (b) of Section 11201 shall apply.
   (g) No later than April 1, 2015, the State Department of Social
Services shall submit at least the following information regarding
implementation of this section to the Legislature:
   (1) The number of CalWORKs recipients that entered subsidized
employment.
   (2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
   (3) The earnings of the program participants before and after the
subsidy.
   (4) The impact of this program on the state's work participation
rate. 
   SEC. 26.    Section 11322.85 of the  
Welfare and Institutions Code   is amended to read: 
   11322.85.  (a) Unless otherwise exempt, an applicant or recipient
shall participate in welfare-to-work activities.
   (1) For 24 cumulative months during a recipient's lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual's
welfare-to-work plan, as described in Section 11325.21, to meet the
hours required in Section 11322.8. These 24 months need not be
consecutive.
   (2) Any month in which the recipient meets the requirements of
Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph (1).
   (3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall
participate in one or more of the following welfare-to-work
activities, in accordance with Section 607(c) and (d) of Title 42 of
the United States Code as of the operative date of this section, that
are consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual's welfare-to-work
plan, described in Section 11325.21:
   (A) Unsubsidized employment.
   (B) Subsidized private sector employment.
   (C) Subsidized public sector employment.
   (D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private
sector employment is not available.
   (E) On-the-job training.
   (F) Job search and job readiness assistance.
   (G) Community service programs.
   (H) Vocational educational training (not to exceed 12 months with
respect to any individual).
   (I) Job skills training directly related to employment.
   (J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a certificate
of high school equivalency.
   (K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.
   (L) The provision of child care services to an individual who is
participating in a community service program.
   (b) Any month in which the following conditions exist shall not be
counted as one of the 24 months of participation allowed under
paragraph (1) of subdivision (a):
   (1) The recipient is participating in job search or assessment
pursuant to subdivision (a) or (b) of Section 11320.1, is in the
process of appraisal as described in Section 11325.2, or is
participating in the development of a welfare-to-work plan, as
described in Section 11325.21.
   (2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.
   (3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.
   (4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.
   (5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.
   (c) County welfare departments shall provide each recipient who is
subject to the requirements of paragraph (3) of subdivision (a)
written notice describing the 24-month time limitation described in
that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.
   (d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient's
annual redetermination, and at least once after the individual has
participated for a total of 18 months, and
                 prior to the end of the 21st month, that count
toward the 24-month time limit.
   (e) The notice described in this section shall include, but shall
not be limited to, all of the following:
   (1) The number of remaining months the adult recipient may be
eligible to receive aid.
   (2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.
   (3) The manner in which the recipient may dispute the number of
months counted toward the 24-month time limit.
   (4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3) of
subdivision (a).
   (5) The opportunity for an exemption to, or extension of, the
24-month time limitation.
   (f) For an individual subject to the requirements of paragraph (3)
of subdivision (a), who is not exempt or granted an extension, and
who does not meet those requirements, the provisions of Sections
11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent
consistent with the requirements of this section. For purposes of
this section, the procedures referenced in this subdivision shall not
be described as sanctions.
   (g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing and
engagement requirements for the 24-month time limit, and shall
instruct counties via an all-county letter, followed by regulations,
no later than 18 months after the effective date of the act that
added this section.
   (2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).
   (h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult who has
received assistance under this chapter, or from any state pursuant
to the Temporary Assistance for Needy Families program (Part A
(commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January 1, 2013,
may continue in a welfare-to-work plan that meets the requirements of
Section 11322.6 for a cumulative period of 24 months commencing
January 1, 2013, unless or until he or she exceeds the 48-month time
limitation described in Section 11454.
   (2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a). 
   (i) This section shall become operative on January 1, 2013.
 
   (i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.  
  SEC. 27.    Section 11322.85 is added to the Welfare and
Institutions Code, to read:
   11322.85.  (a) Unless otherwise exempt, an applicant or recipient
shall participate in welfare-to-work activities.
   (1) For 24 cumulative months during a recipient's lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual's
welfare-to-work plan, as described in Section 11325.21, to meet the
hours required in Section 11322.8. These 24 months need not be
consecutive.
   (2) Any month in which the recipient meets the requirements of
Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph (1).
   (3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall
participate in one or more of the following welfare-to-work
activities, in accordance with Section 607(c) and (d) of Title 42 of
the United States Code as of the operative date of this section, that
are consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual's welfare-to-work
plan, described in Section 11325.21:
   (A) Unsubsidized employment.
   (B) Subsidized private sector employment.
   (C) Subsidized public sector employment.
   (D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private
sector employment is not available.
   (E) On-the-job training.
   (F) Job search and job readiness assistance.
   (G) Community service programs.
   (H) Vocational educational training (not to exceed 12 months with
respect to any individual).
   (I) Job skills training directly related to employment.
   (J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a certificate
of high school equivalency.
   (K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.
   (L) The provision of child care services to an individual who is
participating in a community service program.
   (b) Any month in which the following conditions exist shall not be
counted as one of the 24 months of participation allowed under
paragraph (1) of subdivision (a):
   (1) The recipient is participating in job search in accordance
with Section 11325.22, assessment pursuant to Section 11325.4, is in
the process of appraisal as described in Section 11325.2, or is
participating in the development of a welfare-to-work plan as
described in Section 11325.21.
   (2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.
   (3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.
   (4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.
   (5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.
   (6) The recipient is participating in family stabilization
pursuant to Section 11325.24, and the recipient would meet the
criteria for good cause pursuant to Section 11320.3. This paragraph
may apply to a recipient for no more than six cumulative months.
   (c) County welfare departments shall provide each recipient who is
subject to the requirements of paragraph (3) of subdivision (a)
written notice describing the 24-month time limitation described in
that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.
   (d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient's
annual redetermination, and at least once after the individual has
participated for a total of 18 months, and prior to the end of the
21st month, that count toward the 24-month time limit.
   (e) The notice described in this section shall include, but shall
not be limited to, all of the following:
   (1) The number of remaining months the adult recipient may be
eligible to receive aid.
   (2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.
   (3) The manner in which the recipient may dispute the number of
months counted toward the 24-month time limit.
   (4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3) of
subdivision (a).
   (5) The opportunity for an exemption to, or extension of, the
24-month time limitation.
   (f) For an individual subject to the requirements of paragraph (3)
of subdivision (a), who is not exempt or granted an extension, and
who does not meet those requirements, the provisions of Sections
11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent
consistent with the requirements of this section. For purposes of
this section, the procedures referenced in this subdivision shall not
be described as sanctions.
   (g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing and
engagement requirements for the 24-month time limit, and shall
instruct counties via an all-county letter, followed by regulations,
no later than 18 months after the effective date of the act that
added this section.
   (2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).
   (h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult who has
received assistance under this chapter, or from any state pursuant
to the Temporary Assistance for Needy Families program (Part A
(commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January 1, 2013,
may continue in a welfare-to-work plan that meets the requirements of
Section 11322.6 for a cumulative period of 24 months commencing
January 1, 2013, unless or until he or she exceeds the 48-month time
limitation described in Section 11454.
   (2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a).
   (i) This section shall become operative on January 1, 2014. 
  SEC. 28.    Section 11323.25 of the   Welfare
and Institutions Code   is amended to read: 
   11323.25.  In addition to its authority under subdivision (b) of
Section 11323.2, if provided in a county plan, the county may
continue to provide welfare-to-work services to former participants
who became ineligible for CalWORKs benefits because they became
employed under Section 11322.63  or 11322.64  . The county
may provide these services for up to the first 12 months of
employment, to the extent they are not available from other sources
and are needed for the individual to retain the subsidized
employment.
   SEC. 29.    Section 11325.2 of the   Welfare
and Institutions Code   is amended to read: 
   11325.2.  (a) At the time a recipient enters the welfare-to-work
program, the county shall conduct an appraisal, pursuant to
regulations adopted by the department, during which the recipient is
informed of the requirement to participate in training opportunities
available to a participant, and available supportive services. The
appraisal shall provide information about the recipient in the
following areas:
   (1) Employment history and skills.
   (2) Need for supportive services as described in Section 11323.2.
   (b) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative. 
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.  
  SEC. 30.    Section 11325.2 is added to the Welfare and
Institutions Code, to read:
   11325.2.  (a) At the time a recipient enters the welfare-to-work
program, the county shall conduct an appraisal, pursuant to
regulations adopted by the department, during which the recipient is
informed of the requirement to participate in allowable
welfare-to-work activities and of the provision of supportive
services, pursuant to Section 11323.2. The appraisal shall gather and
provide information about the recipient in the following areas:
   (1) Employment history, interests, and skills.
   (2) Educational history and learning disabilities.
   (3) Housing status and stability.
   (4) Language barriers.
   (5) Physical and behavioral health, including, but not limited to,
mental health and substance abuse issues.
   (6) Child health and well-being.
   (7) Criminal background that may present a barrier to employment
or housing stability.
   (8) Domestic violence.
   (9) Need for supportive services as described in Section 11323.2.
   (10) Other information that may affect an individual's ability to
participate in work activities.
   (b) (1) The county shall utilize a standardized appraisal tool in
order to assess strengths for and barriers to work activities. This
tool shall be developed or selected by the department, in
consultation with stakeholders, and shall be customized as needed for
statewide use.
   (2) Concurrent with the development of the standardized appraisal
tool, mandatory training shall be developed for administration of the
tool and shall, in addition, include skill-building components,
including, at a minimum, rapport building and interviewing
techniques.
   (c) (1) If the results of the appraisal indicate that the
individual may face barriers that impair his or her ability to
participate in work activities, the county shall refer the recipient
for an evaluation and services as described in Section 11325.25,
11325.5, or 11325.8, or may refer the recipient to family
stabilization pursuant to Section 11325.24.
   (2) If information obtained from the appraisal indicates that the
individual qualifies for an exemption from welfare-to-work
requirements, the county shall apply the exemption, pursuant to
subdivision (b) of Section 11320.3.
   (d) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.
   (e) This section shall become operative on January 1, 2014. 
   SEC. 31.    Section 11325.21 of the  
Welfare and Institutions Code   is amended to read: 
   11325.21.  (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (b) of Section 11320.1,
but no more than 90 days after the date that a recipient's
eligibility for aid is determined or the date the recipient is
required to participate in welfare-to-work activities pursuant to
Section 11320.3. The recipient and the county may enter into a
welfare-to-work plan as late as 90 days after the completion of the
job search activity, as defined in subdivision (a) of Section
11320.1, if the job search activity is initiated within 30 days after
the recipient's eligibility for aid is determined. The plan shall
include the activities and services that will move the individual
into employment.
   (b) The county shall allow the participant three working days
after completion of the plan or subsequent amendments to the plan in
which to evaluate and request changes to the terms of the plan.
   (c) The plan shall be written in clear and understandable
language, and have a simple and easy-to-read format.
   (d) The plan shall contain at least all of the following general
information:
   (1) A general description of the program provided for in this
article, including available program components and supportive
services.
   (2) A general description of the rights, duties, and
responsibilities of program participants, including a list of the
exemptions from the required participation under this article, the
consequences of a refusal to participate in program components, and
criteria for successful completion of the program.
   (3) A description of the grace period required in paragraph (5) of
subdivision (b) of Section 11325.22.
   (e) The plan shall specify, and shall be amended to reflect
changes in, the participant's welfare-to-work activity, a description
of services to be provided in accordance with Sections 11322.6,
11322.8, and 11322.85, as needed, and specific requirements for
successful completion of assigned activities including required hours
of participation.
   The plan shall also include a general description of supportive
services pursuant to Section 11323.2 that are to be provided as
necessary for the participant to complete assigned program
activities.
   (f) Any assignment to a program component shall be reflected in
the plan or an amendment to the plan. The participant shall maintain
satisfactory progress toward employment through the methods set forth
in the plan, and the county shall provide the services pursuant to
Section 11323.2.
   (g) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative. 
   (h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.  
  SEC. 32.    Section 11325.21 is added to the Welfare and
Institutions Code, to read:
   11325.21.  (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (c) of Section 11320.1,
but no more than 90 days after the date that a recipient's
eligibility for aid is determined or the date the recipient is
required to participate in welfare-to-work activities pursuant to
Section 11320.3. The recipient and the county may enter into a
welfare-to-work plan as late as 90 days after the completion of the
job search activity, as defined in subdivision (b) of Section
11320.1, if the job search activity is initiated within 30 days after
the recipient's eligibility for aid is determined. The plan shall
include the activities and services that will move the individual
into employment.
   (b) The county shall allow the participant three working days
after completion of the plan or subsequent amendments to the plan in
which to evaluate and request changes to the terms of the plan.
   (c) The plan shall be written in clear and understandable
language, and have a simple and easy-to-read format.
   (d) The plan shall contain at least all of the following general
information:
   (1) A general description of the program provided for in this
article, including available program components and supportive
services.
   (2) A general description of the rights, duties, and
responsibilities of program participants, including a list of the
exemptions from the required participation under this article, the
consequences of a refusal to participate in program components, and
criteria for successful completion of the program.
   (3) A description of the grace period required in paragraph (5) of
subdivision (b) of Section 11325.22.
   (e) The plan shall specify, and shall be amended to reflect
changes in, the participant's welfare-to-work activity, a description
of services to be provided in accordance with Sections 11322.6,
11322.8, and 11322.85, as needed, and specific requirements for
successful completion of assigned activities including required hours
of participation.
   The plan shall also include a general description of supportive
services pursuant to Section 11323.2 that are to be provided as
necessary for the participant to complete assigned program
activities.
   (f) Any assignment to a program component shall be reflected in
the plan or an amendment to the plan. The participant shall maintain
satisfactory progress toward employment through the methods set forth
in the plan, and the county shall provide the services pursuant to
Section 11323.2.
   (g) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.
   (h) This section shall become operative on January 1, 2014. 
   SEC. 33.    Section 11325.22 of the  
Welfare and Institutions Code   is amended to read: 
   11325.22.  (a) (1) Following the appraisal required by Section
11325.2, all participants except those described in paragraph (4) of
this subdivision, shall be assigned to participate for a period of up
to four consecutive weeks in job search activities. These activities
may include the use of job clubs to identify the participant's
qualifications. The county shall consider the skills and interests of
the participants in developing a job search strategy. The period of
job search activities may be shortened if the participant and the
county agree that further activities would not be beneficial. Job
search activities may be shortened for a recipient if the county
determines that the recipient will not benefit because he or she may
suffer from an emotional or mental disability that will limit or
preclude the recipient's participation under this article.
   (2) Nothing in this section shall require participation in job
search activities, the schedule for which interferes with
unsubsidized employment or participation pursuant to Section
11325.23.
   (3) Job search activities may be required in excess of the limits
specified in paragraph (1) on the basis of a review by the county of
the recipient's performance during job search to determine whether
extending the job search period would result in unsubsidized
employment.
   (4) A person subject to Article 3.5 (commencing with Section
11331) or subdivision (d) of Section 11320.3 shall not be required,
but may be permitted, to participate in job search activities as his
or her first program assignment following appraisal upon earning a
high school diploma or its equivalent, if she or he has not already
taken the option to complete these activities as the first program
assignment following appraisal.
   (b) (1) Upon the completion of job search activities, or a
determination that those activities are not required in accordance
with paragraph (3) of subdivision (a), the participant shall be
assigned to one or more of the activities described in Section
11322.6 as needed to attain employment.
   (2) (A) The assignment to one or more of the program activities as
required in paragraph (1) of this subdivision shall be based on the
welfare-to-work plan developed pursuant to an assessment as described
in Section 11325.4. The plan shall be based, at a minimum, on
consideration of the individual's existing education level,
employment experience and relevant employment skills, available
program resources, and local labor market opportunities.
   (B) An assessment pursuant to Section 11325.4 shall be performed
upon completion of job search activities or at such time as it is
determined that job search will not be beneficial.
   (C) Notwithstanding subparagraphs (A) and (B), an assessment shall
not be required to develop a welfare-to-work plan for a person who
is participating in an approved self-initiated program pursuant to
Section 11325.23 unless the county determines that an assessment is
necessary to meet the hours specified in Section 11325.23.
   (3) A participant who lacks basic literacy or mathematics skills,
a high school diploma or general educational development certificate,
or English language skills, shall be assigned to participate in
adult basic education as described in subdivision (k) of Section
11322.6, as appropriate and necessary for removal of the individual's
barriers to employment.
   (4) Participation in activities assigned pursuant to this section
may be sequential or concurrent. The county may require concurrent
participation in the assigned activities if it is appropriate to the
participant's abilities, consistent with the participant's
welfare-to-work plan, and the activities can be concurrently
scheduled.
   (5) The participant has 30 days from the beginning of the initial
training or education assignment in which to request a change or
reassignment to another component. The county shall grant the
participant's request for reassignment if another assignment is
available that is consistent with the participant's welfare-to-work
plan and the county determines the other assignment will readily lead
to employment. This grace period shall be available only once to
each participant.
   (c) Any assignment or change in assignment to a program activity
pursuant to this section shall be included in the welfare-to-work
plan, or an amendment to the plan, as required in Section 11325.21.
   (d) A participant who has not obtained unsubsidized employment
upon completion of the activities in a welfare-to-work plan developed
pursuant to the job search activities required by subdivision (a)
and an assessment required by subdivision (b) shall be referred to
reappraisal as described in Section 11326.
   (e) The criteria for successful completion of an assigned
education or training activity shall include regular attendance,
satisfactory progress, and completion
           of the assignment. A person who fails or refuses to comply
with program requirements for participation in the activities
assigned pursuant to this section shall be subject to Sections
11327.4 and 11327.5.
   (f) Except as provided in paragraph (4) of subdivision (a), this
section shall not apply to individuals subject to Article 3.5
(commencing with Section 11331) during the time that article is
operative. 
   (g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.  
  SEC. 34.    Section 11325.22 is added to the Welfare and
Institutions Code, to read:
   11325.22.  (a) (1) Following the appraisal required by Section
11325.2, all participants except those described in paragraph (4) of
this subdivision or those who are participating in other activities
or assessment pursuant to Section 11320.1, shall be assigned to
participate for a period of up to four consecutive weeks in job
search activities. These activities may include the use of job clubs
to identify the participant's qualifications. The county shall
consider the skills and interests of the participants in developing a
job search strategy. The period of job search activities may be
shortened if the participant and the county agree that further
activities would not be beneficial. Job search activities may be
shortened for a recipient if the county determines that the recipient
will not benefit because he or she may suffer from an emotional or
mental disability that will limit or preclude the recipient's
participation under this article.
   (2) Nothing in this section shall require participation in job
search activities, the schedule for which interferes with
unsubsidized employment or participation pursuant to Section
11325.23.
   (3) Job search activities may be required in excess of the limits
specified in paragraph (1) on the basis of a review by the county of
the recipient's performance during job search to determine whether
extending the job search period would result in unsubsidized
employment.
   (4) A person subject to Article 3.5 (commencing with Section
11331) or subdivision (d) of Section 11320.3 shall not be required,
but may be permitted, to participate in job search activities as his
or her first program assignment following appraisal upon earning a
high school diploma or its equivalent, if she or he has not already
taken the option to complete these activities as the first program
assignment following appraisal.
   (b) (1) Upon the completion of job search activities, or a
determination that those activities are not required, the participant
shall be assigned to one or more of the activities described in
Section 11322.6 as needed to attain employment.
   (2) (A) The assignment to one or more of the program activities as
required in paragraph (1) of this subdivision shall be based on the
welfare-to-work plan developed pursuant to an assessment as described
in Section 11325.4. The plan shall be based, at a minimum, on
consideration of the individual's existing education level,
employment experience and relevant employment skills, available
program resources, and local labor market opportunities.
   (B) An assessment pursuant to Section 11325.4 shall be performed
upon completion of job search activities or at such time as it is
determined that job search will not be beneficial.
   (C) Notwithstanding subparagraphs (A) and (B), an assessment shall
not be required to develop a welfare-to-work plan for a person who
is participating in an approved self-initiated program pursuant to
Section 11325.23 unless the county determines that an assessment is
necessary to meet the hours specified in Section 11325.23.
   (3) A participant who lacks basic literacy or mathematics skills,
a high school diploma or general educational development certificate,
or English language skills, shall be assigned to participate in
adult basic education as described in subdivision (k) of Section
11322.6, as appropriate and necessary for removal of the individual's
barriers to employment.
   (4) Participation in activities assigned pursuant to this section
may be sequential or concurrent. The county may require concurrent
participation in the assigned activities if it is appropriate to the
participant's abilities, consistent with the participant's
welfare-to-work plan, and the activities can be concurrently
scheduled.
   (5) The participant has 30 days from the beginning of the initial
training or education assignment in which to request a change or
reassignment to another component. The county shall grant the
participant's request for reassignment if another assignment is
available that is consistent with the participant's welfare-to-work
plan and the county determines the other assignment will readily lead
to employment. This grace period shall be available only once to
each participant.
   (c) Any assignment or change in assignment to a program activity
pursuant to this section shall be included in the welfare-to-work
plan, or an amendment to the plan, as required in Section 11325.21.
   (d) A participant who has not obtained unsubsidized employment
upon completion of the activities in a welfare-to-work plan developed
pursuant to the job search activities required by subdivision (a)
and an assessment required by subdivision (b) shall be referred to
reappraisal as described in Section 11326.
   (e) The criteria for successful completion of an assigned
education or training activity shall include regular attendance,
satisfactory progress, and completion of the assignment. A person who
fails or refuses to comply with program requirements for
participation in the activities assigned pursuant to this section
shall be subject to Sections 11327.4 and 11327.5.
   (f) Except as provided in paragraph (4) of subdivision (a), this
section shall not apply to individuals subject to Article 3.5
(commencing with Section 11331) during the time that article is
operative.
   (g) This section shall become operative on January 1, 2014. 

  SEC. 35.    Section 11325.24 is added to the Welfare and
Institutions Code, to read:
   11325.24.  (a) If, in the course of appraisal pursuant to Section
11325.2 or at any point during an individual's participation in
welfare-to-work activities in accordance with paragraph (1) of
subdivision (a) of Section 11322.85, it is determined that a
recipient meets the criteria described in subdivision (b), the
recipient shall be eligible to participate in family stabilization.
   (b) (1) A recipient shall be eligible to participate in family
stabilization 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.
   (2) A situation or a crisis that is destabilizing the family in
accordance with paragraph (1) may include, but shall not be limited
to:
   (A) Homelessness or imminent risk of homelessness.
   (B) A lack of safety due to domestic violence.
   (C) Untreated or undertreated behavioral needs, including mental
health or substance abuse-related needs.
   (c) Family stabilization shall include intensive case management
and services designed to support the family in overcoming the
situation or crisis, which may include, but are not limited to,
welfare-to-work activities.
   (d) Funds allocated for family stabilization in accordance with
this section shall be in addition to, and independent of, the county
allocations made pursuant to Section 15204.2.
   (e) Each county shall submit to the department a plan, as defined
by the department, regarding how it intends to implement the
provisions of this section and shall report information to the
department, including, but not limited to, the number of recipients
served pursuant to this section, information regarding the services
provided, outcomes for the families served, and any lack of
availability of services. The department shall provide an update
regarding this information to the Legislature during the 2014-15
budget process.
   (f) This section shall become operative on January 1, 2014. 
   SEC. 36.    Section 11325.5 of the   Welfare
and Institutions Code   is amended to read: 
   11325.5.  (a) If, pursuant to the  appraisal conducted
pursuant to Section 11325.2 or  assessment conducted pursuant to
Section 11325.4, there is a concern that a mental disability exists
that will impair the ability of a recipient to obtain employment, he
or she shall be referred to the county mental health department.
   (b) Subject to appropriations in the Budget Act, the county mental
health department shall evaluate the recipient and determine any
treatment needs. The evaluation shall include the extent to which the
individual is capable of employment at the present time and under
what working and treatment conditions the individual is capable of
employment. The evaluation shall include prior diagnoses,
assessments, or evaluations that the recipient provides.
   (c) Each county welfare department shall develop individual
welfare-to-work plans for recipients with mental or emotional
disorders based on the evaluation conducted by the mental health
department. The plan for the recipient shall include appropriate
employment accommodations or restrictions, supportive services, and
treatment requirements. Any prior diagnosis, evaluation, or
assessment provided by the recipient shall be considered in the
development of his or her individual welfare-to-work plan.
   SEC. 37.    Section   11450 of the 
 Welfare and Institutions Code   , as amended by Section
2 of Chapter 778 of the Statutes of 2012, is amended to read: 
   11450.  (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections  11265.2   11265.1, 11265.2,  and
11265.3, and then calculated pursuant to Section 11451.5, shall be
deducted from the sum specified in the following table, as adjusted
for cost-of-living increases pursuant to Section 11453 and paragraph
(2). In no case shall the amount of aid paid for each month exceed
the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
  Number
of
eligible
needy
persons
in                                     Maximum
the same home                            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


   If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
   (2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
   (b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant mother
who is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
   (2)  Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant mother for the month in which the birth is
anticipated and for the three-month period immediately prior to the
month in which the birth is anticipated in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the mother and child, if born, would have qualified for aid under
this chapter. Verification of pregnancy shall be required as a
condition of eligibility for aid under this subdivision.
   (3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
   (c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
   (d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
   (e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
   (f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
   (1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
   (2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
   A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
   (A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
   (ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
   (iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
   (B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
   The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs for a family of that size and (ii) shall only be made to
families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs for a family of that
size.
   However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
   (C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
   (D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
   (E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
   (ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
   (iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
   (iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
   (v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
    (vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
   (F) The county welfare departments, and all other entities
participating in the costs of the  AFDC  
CalWORKs  program, have the right in their share to any refunds
resulting from payment of the permanent housing. However, if an
emergency requires the family to move within the 12-month period
specified in subparagraph (E), the family shall be allowed to use any
refunds received from its deposits to meet the costs of moving to
another residence.
   (G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
   (H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
   (I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
   (g) The department shall establish rules and regulations ensuring
the uniform application statewide of this  subdivision
  section  .
   (h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
   (i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
   The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
   (j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
   (k) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 38.    Section 11450.12   of the 
 Welfare and Institutions Code   , as added by Section
16 of Chapter 501 of the Statutes of 2011, is amended to read: 
   11450.12.  (a) An applicant family shall not be eligible for aid
under this chapter unless the family's income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
   (b) A recipient family shall not be eligible for further aid under
this chapter if reasonably anticipated income, less exempt income,
determined for the semiannual period pursuant to Sections 
11265.2   11265.1, 11265.2,  and 11265.3, and
exclusive of amounts exempt under Section 11451.5, equals or exceeds
the maximum aid payment specified in Section 11450.
   (c) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 39.    Section 11450.13   of the 
 Welfare and Institutions Code   , as added by Section
18 of Chapter 501 of the Statutes of 2011, is amended to read: 
   11450.13.  (a) In calculating the amount of aid to which an
assistance unit is entitled in accordance with Section 11320.15, the
maximum aid payment, adjusted to reflect the removal of the adult or
adults from the assistance unit, shall be reduced by the gross income
of the adult or adults removed from the assistance unit, determined
for the semiannual period pursuant to Sections  11265.2
  11265.1, 11265.2,  and 11265.3, and less any
amounts exempted pursuant to Section 11451.5. Aid may be provided in
the form of cash or vouchers, at the option of the county.
   (b) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 40.    Section 11462.04 of the  
Welfare and Institutions Code   is amended to read:
   11462.04.  (a) Notwithstanding any other law, no new group home
rate or change to an existing rate shall be established pursuant to
Section 11462. An application shall not be accepted or processed for
any of the following:
   (1) A new program.
   (2) A new provider.
   (3) A program change, such as a rate classification level (RCL)
increase.
   (4) A program capacity increase.
   (5) A program reinstatement.
   (b) Notwithstanding subdivision (a), the department may grant
exceptions as appropriate on a case-by-case basis, based upon a
written request and supporting documentation provided by county
placing agencies, including county welfare or probation directors.
   (c) For the 2012-13  and 2013-14  fiscal  year,
  years,  notwithstanding subdivision (b), for any
program below RCL 10, the only exception that may be sought and
granted pursuant to this section is  one associated with
  for an application requesting  a program change,
such as an RCL increase. The  authority to grant  other
exceptions  shall   does  not  be
available   apply  to programs below RCL 10 during
 this period.   these fiscal years.  
  SEC. 41.    Section 16010.8 is added to the Welfare and
Institutions Code, to read:
   16010.8.  It is the intent of the Legislature that no child or
youth in foster care reside in group care for longer than one year.
The State Department of Social Services shall 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 and the corresponding outcomes of
transitions, or plans to transition, them into family settings. 

   SEC. 42.    Section 16519.5 of the   Welfare
and Institutions Code   is amended to read: 
   16519.5.  (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall 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.
   (b) Up to five counties shall be selected to participate on a
voluntary basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
   (c) (1) For the purposes of this section, "resource family" means
an individual or couple that a participating county determines to
have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision (d)
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department. A
resource family shall demonstrate all of the following:
   (A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
   (B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
   (C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
   (D) The financial ability within the household to ensure the
stability and financial security of the family.
   (E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.
   (2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the  pilot  program.
   (3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
   (4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
   (d) Prior to implementation of this  pilot 
program, the department shall adopt standards pertaining to home
approval and permanency assessment of a resource family.
   (1) Resource family home approval standards shall include, but not
be limited to, all of the following:
   (A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a check
of the Child Abuse Central Index (CACI), a check of the Child Welfare
Services/Case Management System (CWS/CMS), receipt of a
fingerprint-based state criminal offender record information search
response, and submission of a fingerprint-based federal criminal
offender record information search.
   (ii) Consideration of any prior allegations of child abuse or
neglect against either the applicant or any other adult residing in
the home. An approval may not be granted to applicants whose criminal
record indicates a conviction for any of the offenses specified in
clause (i) of subparagraph (A) of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.
   (iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director or the
 pilot   early implementation  county, if
that county has been granted permission by the director to issue
criminal records exemptions pursuant to Section  316.4,
  361.4,  using the exemption criteria currently
used for foster care licensing as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.
   (B) Buildings and grounds, outdoor activity space, and storage
requirements set forth in Sections  89387, 89387.1, 
 89387  and 89387.2 of Title 22 of the California Code of
Regulations.
   (C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
   (i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
   (ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
   (iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most familylike environment
that serves the needs of the child.
   (D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic violence.
   (2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
   (A) The applicant shall complete caregiver training.
   (B) The applicant shall complete a psychosocial evaluation.
   (C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
   (e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
   (2) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based upon the needs of the child.
   (3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
   (4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
   (5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
   (A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
   (B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
   (C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
   (D) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
   (E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
   (F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
   (f) The State Department of Social Services shall be responsible
for all of the following:
   (1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
   (2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
   (3) Entering into terms and conditions for participation in the
 pilot  program by counties.
   (4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700) of
Chapter 7 of Title 11 of the California Code of Regulations shall be
approved by the Department of Justice. The directives shall be exempt
from the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3
of Title 2 of the Government Code.
   (5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
   (6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.

   (7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
   (A) Investigating complaints of resource families.
   (B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
   (8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
   (A) Reviewing the county's implementation of the pilot
 program.
   (B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
   (C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
   (D) Investigating unresolved complaints against participating
counties.
   (E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
   (9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:
   (A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
   (B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
   (C) An analysis of cost, utilizing available data, including
funding sources.
   (D) An analysis of regulatory or statutory barriers to
implementing the  pilot  program on a statewide
basis.
   (g) Counties participating in the  pilot  program
shall be responsible for all of the following:
   (1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
   (2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
   (3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
   (4) Ensuring staff have the education and experience necessary to
complete the home approval and permanency assessment competently.
   (5) Approving and denying resource family applications, including
all of the following:
   (A)   Rescinding home approvals and resource family
approvals where appropriate, consistent with the established
standard.
   (B) Providing disapproved resource families requesting review of
that decision due process by conducting county grievance reviews
pursuant to the department's regulations.
   (C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.

   (6) Updating resource family approval annually.
   (7) Monitoring resource families through all of the following:
   (A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
   (B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
   (C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
   (8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
   (A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially perform the home
approval or permanency assessment.
   (B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
   (C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
   (9) Performing corrective action as required by the department.
   (10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
   (11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph  (10)   (9)  of
subdivision (f).
   (h) Approved relatives and nonrelated extended family members,
licensed foster family homes, or approved adoptive homes that have
completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
   (i) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties participating in the program and only for the
duration of the program.
   (j) Resource families approved under initial implementation of the
program, who move within  a participating   an
early implementation  county or who move to another early
implementation  program  county, shall retain their
resource family status if the new building and grounds, outdoor
activity areas, and storage areas meet home approval standards. The
State Department of Social Services or  pilot  
early implementation  county may allow a program-affiliated
individual to transfer his or her subsequent arrest notification if
the individual moves from one early implementation county to another
early implementation county, as specified in subdivision (h) of
Section 1522 of the Health and Safety Code.
   (k) (1) A resource family approved under this program that moves
to a nonparticipating county shall lose its status as a resource
family. The new county of residence shall deem the family approved
for licensing, relative and nonrelated extended family member
approval, guardianship, and adoption purposes, under the following
conditions:
   (A) The new building and grounds, outdoor activity areas, and
storage areas meet applicable standards, unless the family is subject
to a corrective action plan.
   (B) There has been a criminal records clearance of all adults
residing in the home and exemptions granted, using the exemption
criteria currently used for foster care licensing, as specified in
subdivision (g) of Section 1522 of the Health and Safety Code.
   (2) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
   (  l  ) Implementation of the program shall be contingent
upon the continued availability of federal Social Security Act Title
IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement
of children with resource families assessed and approved under the
program.
   (m) Notwithstanding Section 11402, a child placed with a resource
family shall be eligible for AFDC-FC payments. A resource family
shall be paid an AFDC-FC rate pursuant to Sections 11460 and 11461.
Sharing ratios for nonfederal expenditures for all costs associated
with activities related to the approval of relatives and nonrelated
extended family
members shall be in accordance with Section 10101.
   (n) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
   (o) Approved resource families under this program shall be exempt
from all of the following:
   (1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
 Code   Code,  and all regulations
promulgated thereto.
   (2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
   (3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
   (p) Early implementation counties shall be authorized to continue
through the end of the 2010-11 fiscal year, or through the end of the
third full fiscal year following the date that counties commence
implementation, whichever of these dates is later, at which time the
program shall be authorized in all counties.
   (q) Notwithstanding subdivision (p), this section shall not be
implemented until January 1, 2013.
   SEC. 43.    Section 18901.2 of the   Welfare
and Institutions Code   is amended to read: 
   18901.2.  (a) It is the intent of the Legislature to create a
program in California that provides a nominal Low-Income Home Energy
Assistance Program (LIHEAP) service benefit, through the LIHEAP block
grant, to all recipient households of CalFresh so that they are made
aware of services available under LIHEAP and so that some households
may experience an increase in federal Supplemental Nutrition
Assistance Program benefits, as well as benefit from paperwork
reduction.
   (b) To the extent permitted by federal law, the State Department
of Social Services (DSS) shall, in conjunction with the Department of
Community Services and Development (CSD), design, implement, and
maintain a utility assistance initiative: the "Heat and Eat" program.

   (1) The nominal LIHEAP service benefit shall be funded through the
LIHEAP block grant provided by the CSD to the DSS upon receipt by
the CSD of the LIHEAP block grant funds from the federal funding
authorities.
   (2) The total amount transferred shall be the product of the
nominal LIHEAP service benefit established by the CSD in the LIHEAP
state plan multiplied by the number of CalFresh recipient households
as agreed upon annually by the CSD and the DSS.
   (3) The total amount transferred shall be reduced by any
unexpended or reinvested amounts remaining from prior transfers for
the nominal LIHEAP service benefits as provided in subparagraph (C)
of paragraph (1) of subdivision (c). 
   (4) Should the demand for the nominal LIHEAP service benefit
exceed allocated funding, established by the CSD in the LIHEAP state
plan, the CSD and DSS shall report that information to the
Legislature and develop a plan to maintain the program as intended.

   (c) In implementing and maintaining the utility assistance
initiative, the State Department of Social Services shall do all of
the following:
   (1) (A) Grant  all  recipient households of
CalFresh benefits pursuant to this chapter a nominal LIHEAP service
benefit out of the federal LIHEAP block grant (42 U.S.C. Sec.
 8261   8621  et seq.).
   (B) In establishing the nominal LIHEAP service benefit amount, the
department shall take into consideration that the benefit level need
not provide significant utility assistance.
   (C) Any funds allocated for this purpose not expended by CalFresh
recipient households shall be recouped through the "Heat and Eat"
program and reinvested into the program on an annual basis as
determined by both departments.
   (2) Provide the nominal LIHEAP service benefit without requiring
the applicant or recipient to provide additional paperwork or
verification.
   (3) To the extent permitted by federal law and to the extent
federal funds are available, provide the nominal LIHEAP service
benefit annually to each recipient of CalFresh benefits.
   (4)  (A)    Deliver the nominal LIHEAP service
benefit using the Electronic Benefit Transfer (EBT) system or other
nonpaper delivery system. 
   (B) Notification of a recipient's impending EBT dormant account
status shall not be required when the remaining balance in a
recipient's account at the time the account becomes inactive is
ninety-nine cents ($0.99) or less of LIHEAP service benefits. 
   (5) Ensure that receipt of the nominal LIHEAP service benefit
pursuant to this section shall not  adversely affect a CalFresh
recipient household's eligibility, reduce a household's CalFresh
benefits, or  disqualify the applicant or recipient of CalFresh
benefits from receiving other nominal LIHEAP service benefits or
other utility benefits for which they  may  qualify.
   (d) Recipients of the nominal LIHEAP service benefit pursuant to
this section shall remain subject to the additional eligibility
requirements for LIHEAP assistance as outlined in the California
LIHEAP state plan, developed by the CSD.
   (e)  (1)    To the extent permitted by federal
law, a CalFresh household receiving or anticipating receipt of
nominal LIHEAP service benefits pursuant to the utility assistance
initiative or any other law shall be entitled to use the full
standard utility allowance (SUA) for the purposes of calculating
CalFresh benefits. A CalFresh household shall be entitled to use the
full SUA regardless of whether the nominal LIHEAP service benefit is
actually redeemed. 
   (2) If use of the full SUA, instead of the homeless shelter
deduction, results in a lower amount of CalFresh benefits for a
homeless household, the homeless household shall be entitled to use
the homeless shelter deduction instead of the full SUA. 
   (f) The department shall implement the initiative by January 1,
2013.
   SEC. 44.    Section 18906.55 of the  
Welfare and Institutions Code   is amended to read: 
   18906.55.  (a) Notwithstanding Section 18906.5 or any other law,
as a result of the substantial fiscal pressures on counties created
by the unprecedented and unanticipated CalFresh caseload growth
associated with the economic downturn beginning in 2008, and in order
to provide fiscal relief to counties as a result of this growth, a
county that meets the maintenance of effort requirement pursuant to
Section 15204.4 entirely through expenditures for the administration
of CalFresh in  state fiscal years   the 
2010-11, 2011-12,  2012-13,  and  2012-13 
 2013-14 fiscal years  shall receive the full General Fund
allocation for administration of CalFresh without paying the county's
share of the nonfederal costs for the amount above the maintenance
of effort required by Section 15204.4.
   (b) The full General Fund allocation for administration of
CalFresh pursuant to subdivision (a) shall equal 35 percent of the
total federal and nonfederal projected funding need for
administration of CalFresh. The methodology used for calculating
those projections shall remain the same as it was for the 2009-10
fiscal year for as long as this section remains in effect.
   (c) No relief to the county share of administrative costs
authorized by this section shall result in any increased cost to the
General Fund as determined in subdivision (b).
   (d) Subdivision (a) shall not be interpreted to prevent a county
from expending funds in excess of the amount required to meet the
maintenance of effort required by Section 15204.4.
   (e) This section shall become inoperative on July 1, 
2013,   2014,  and, as of January 1,  2014,
  2015,  is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 
2014,   2015,  deletes or extends the dates on
which it becomes inoperative and is repealed.
   SEC. 45.    Section 18910 of the   Welfare
and Institutions Code   , as added by Section 24 of 
 Chapter 501 of the Statutes of 2011, is amended to read: 
   18910.  (a) To the extent permitted by federal law, regulations,
waivers, and directives, the department shall implement the
prospective budgeting, semiannual reporting system provided in
Sections 11265.1, 11265.2, and 11265.3, and related provisions,
regarding CalFresh, in a cost-effective manner that promotes
compatibility between the CalWORKs program and CalFresh, and
minimizes the potential for payment errors.
   (b) For CalFresh recipients who also are Medi-Cal beneficiaries
and who are subject to the Medi-Cal midyear status reporting
requirements, counties shall seek to align the timing of reports
required under this section with midyear status reports required by
the Medi-Cal program.
   (c) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement subdivision (a).

   (d) Counties may establish staggered, semiannual reporting cycles
for individual households, based on factors established or approved
by the department,  including, but not limited to,
application date or case number;   provided the
semiannual reporting cycle is aligned with the certification period;
 however, all households within a county must be transitioned to
a semiannual reporting system simultaneously. Up to and until the
establishment of a countywide semiannual reporting system, a county
shall operate a quarterly system, as established by law and
regulation.
   (e) The requirement of subdivision  (h)   (e)
 of Section 11265.1 shall apply to the implementation of this
section.
   (f) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
   SEC. 46.    Section 72 of Chapter 32 of the Statutes
of 2011, as amended by Section 51 of Chapter 47 of the Statutes of
2012, is amended to read: 
  Sec. 72.  The State Department of Social Services, in consultation
with stakeholders including, but not limited to, counties and public
authorities, including representatives of the California Association
of Public Authorities, shall develop a new ratesetting methodology
for public authority administrative  costs, to go into effect
commencing with the 2013-14 fiscal year   costs  .

   SEC. 47.    The Legislature finds and declares that
Section 2 of this act, which adds Section 110034.5 to the Government
Code, imposes a limitation on the public's right to access the
meetings of public bodies within the meaning of Section 3 of Article
I of the California Constitution. Pursuant to that constitutional
provision, the Legislature finds that Section 2 of this act is
necessary to preserve the confidentiality of the collective
bargaining activities conducted by the California In-Home Supportive
Services Authority. 
   SEC. 48.    The provisions of this act are severable.
If any provision of this act or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application. 
   SEC. 49.    (a) Notwithstanding the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement and administer
the changes made to Section 1562 of the Health and Safety Code and to
Sections 319.2, 319.3, 361.2, 626, 727, 11155, 11265, 11265.1,
11265.2, 11265.3, 11265.4, 11320.1, 11322.63, 11322.64, 11322.85,
11323.25, 11325.2, 11325.21, 11325.22, 11325.24, 11325.5, 11450,
11450.12, 11450.13, 16010.8, 18901.2, and 18910 of the Welfare and
Institutions Code, as amended or added by this act, through
all-county letters or similar instructions from the director until
regulations are adopted. The department shall adopt emergency
regulations implementing these provisions no later than July 1, 2015.
The State Department of Social Services may readopt any emergency
regulation authorized by this section that is the same as, or
substantially equivalent to, any emergency regulation previously
adopted under this section.  
   (b) The initial adoption of regulations pursuant to this section
and one readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted. 
   SEC. 50.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 51.    (a) The balance of the appropriations
provided in the following paragraphs are reappropriated to the State
Department of Social Services for the purposes provided for in those
appropriations and shall be available for encumbrance and expenditure
until June 30, 2014:  
   (1) Item 5180-153-0001 of the Budget Act of 2012 (Chapters 21 and
29 of the Statutes of 2012).  
   (2) Item 5180-153-0001 of the Budget Act of 2011 (Chapter 33 of
the Statutes of 2011).  
   (3) Item 5180-153-0890 of the Budget Act of 2012 (Chapters 21 and
29 of the Statutes of 2012).  
   (4) Item 5180-153-0890 of the Budget Act of 2011 (Chapter 33 of
the Statutes of 2011).  
   (b) Funds allocated to counties for the Title IV-E Child Welfare
Waiver Demonstration Project in accordance with Section 18260 of the
Welfare and Institutions Code, but unexpended as of June 30, 2013,
are reappropriated for transfer to and augmentation of the
corresponding items in the Budget Act of 2013. 
   SEC. 52.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.