BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1477| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1477 Author: Assembly Budget Committee Amended: 8/22/14 in Senate Vote: 21 SENATE BUDGET & FISCAL REVIEW COMMITTEE : 15-0, 8/14/14 AYES: Leno, Nielsen, Anderson, Beall, Berryhill, Block, Corbett, Jackson, Liu, Mitchell, Monning, Morrell, Roth, Torres, Wyland NO VOTE RECORDED: Hancock ASSEMBLY FLOOR : Not relevant SUBJECT : Budget Act of 2014: Human Services Trailer Bill SOURCE : Author DIGEST : This bill provides for statutory changes necessary to enact human services-related provisions of the Budget Act of 2014. Senate Floor Amendments of 8/22/14 provide technical corrections to enact the human services-related provisions of the Budget Act of 2014, and clarify superior court jurisdiction over juveniles with Special Immigrant Juvenile Status (SIJS), and establishes contract procedures related to legal counsel for undocumented unaccompanied minors. ANALYSIS : This bill makes statutory changes necessary to implement the Budget Act of 2014, including clarifications or CONTINUED AB 1477 Page 2 corrections to errors made when the budget and the human services trailer bill (SB 855, Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) were enacted in June 2014. 1. Special Immigrant Juvenile Status . This bill establishes court proceedings for juveniles with SIJS, as defined in federal law; and clarifies that a superior court has the jurisdiction to make judicial determinations for the custody and care of a juvenile with SIJS. Specifically, this bill: A. Provides that if a superior court is requested to make specified findings about SIJS under federal law, the superior court must issue an order with all the following findings: The minor was either a) declared a dependent of the court; or, b) legally committed to, or placed under the custody of, a state agency/department or a court-appointed entity. The reunification of the child with one or both of the child's parents is not viable because of neglect or abandonment. It is the not in the child's best interest to return to the previous country of nationality or country of last habitual residence. A. Authorizes the court to make any additional findings, if requested by a party. B. Clarifies that existing authority to provide interpreters in civil court also includes the authority to provide an interpreter in a proceeding in which a petitioner requests an order from the superior court to make the findings regarding special immigrant juvenile status. C. Requires that any information regarding the child's immigration status must remain confidential and may only be available to the court for inspection. Also, requires that records of the proceedings may be sealed using procedures specified in state law. 1. Judicial Council . This bill requires the Judicial Council, the policymaking body of the California courts, to make any CONTINUED AB 1477 Page 3 necessary rules and forms to implement the proceedings of juveniles with SIJS. 2. Legal Counsel for Unaccompanied Undocumented Minors . This bill requires the Department of Social Services (DSS), subject to available funding in the Budget Act, to contract with non-profit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined in federal law, who are cared by the federal Office of Refugee Resettlement, and who are present in the state and residing with a family member/other sponsor. This bill establishes requirements for awarding contracts to legal counsel of unaccompanied undocumented minors. Specifically, this bill: A. Defines "legal services" to include culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters, and other support staff for state court, federal immigration, and appeals proceedings. B. Defines "unaccompanied undocumented minors" as unaccompanied alien children, as defined in federal statute. C. Requires that contracts awarded to non-profit legal services organizations must fulfill all of the following: 1) Meets the specified criteria: Have three or more years of experience in handling specified immigration cases; Have represented at least 25 individuals in specified immigration cases; Have conducted training for practitioners beyond their own organization; Have experience guiding/supervising work of attorneys; and Are accredited by the Board of Immigration under the U.S. Department of Justice's Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the California State Bar. CONTINUED AB 1477 Page 4 1) Provide legal services on a fee-per-case basis, as determined by DSS, which must include all administrative and supervisory costs and court fees. 2) Report, monitor, or audit the services provided. 3) Require coordination with the federal Office of Refugee Resettlement Legal Access Project. 4) Require contractors to maintain adequate legal malpractice insurance. This bill provides that contracts awarded to non-profit legal organizations for legal counsel of unaccompanied undocumented minors are exempt from the personal services contracting requirements in state law, and are not subject to approval by the Department of General Services. In addition, this bill provides the state immunity from liability associated with implementing this provision of law. Also, client information and records of legal services provided to unaccompanied undocumented minors are exempt from the California Public Records Act. 1. Findings and declarations . Because provisions of this bill limit the public's right of access within the meaning of the California Constitution, this bill declares the legislative interest to protect the privacy of minors seeking special immigrant juvenile status as necessary to maintain the confidentiality of records. 2. Community Care Licensing . SB 855 established a process for DSS to appoint a temporary manager or receiver to act as the provisional licensee of the community care facility, if DSS determines that residents of the facility are likely to be in danger of serious injury or death, and the immediate relocation of clients is not feasible. The temporary manager or receiver assumes operation of a facility to bring it into compliance; to facilitate a transfer of ownership to a new licensee; or, to assure the transfer of residents, if the facility is required to close. This bill clarifies that the unreimbursed costs to DSS for temporary management/receivership is grounds for monetary judgment in civil court and is a subsequent lien upon a CONTINUED AB 1477 Page 5 facility's assets. This bill establishes that the authority to place a lien against specified property for reimbursement of any state funds must be given judgment creditor priority. This bill prohibits a licensee, on and after January 1, 2015, who fails to comply with state law and abandons the facility and residents, from licensure in facilities licensed by the Department of Social Services and without the right to petition for reinstatement. This is double-jointing language to prevent chaptering out issues. 3. Approved Relative Caregiver Funding Option Program . Effective January 1, 2015, counties, who opt-in to the Approved Relative Caregiver Funding Program, must pay an approved relative caregiver a per child, per month rate, in return for the care and supervision of a federally- ineligible Aid to Families with Dependent Children-Foster Care (AFDC-FC) child placed with the relative caregiver, equal to the base rate paid to foster care providers for a federally-eligible AFDC-FC child, if the county has notified the department of its decision to participate in the program. This bill clarifies eligibility criteria for relative caregiver funding. Also, this bill clarifies that the CalWORKs grant includes federal funding and a county share-of-cost. 4. Group Home Moratorium . Existing law, as authorized by SB 1041 (Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2012) provides specified exceptions to the group home moratorium on group home applications and rate changes. This bill includes fiscal year 2014-15 for which exceptions to the group home moratorium may apply. 5. CalWORKs Child Support Disregard . This bill clarifies that the first $50 of child support payments received each month, including income that is regularly anticipated, must be disregarded as income and must not be deducted from the amount of aid for which the recipient would otherwise be eligible. Adds cross-reference to clarify that the amount established in existing law each month must not be considered income or resource, and must not be deducted from the amount of aid to an eligible recipient. 6. In-Home Supportive Services (IHSS) . This bill clarifies CONTINUED AB 1477 Page 6 that an IHSS provider is authorized to work the recipient's adjusted weekly authorized hours, only if the adjusted hours do not result in exceeding the allowable number of hours worked that are compensable for overtime. 7. All-County Letters . This bill authorizes DSS to implement changes pertaining to CalFresh eligibility through all-county letters until regulations are adopted. 8. Severability . This bill provides that provisions are severable, so if any provision is held invalid, other provisions and applications can remain in effect. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Budget and Fiscal Review Committee, the 2014 Budget Act includes $5 million General Fund, split between Item 5180-151-0001 ($3.3 million) and Item 5180-153-0001 ($1.7 million), to establish Commercially Sexually Exploited Children Program. This bill shifts the entire $1.7 million appropriated in Item 5180-153-0001 to Item 5180-151-0001. SUPPORT : (Verified 8/26/14) California Immigrant Policy Center United Farm Workers JA:nl 8/25/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED