BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1477|
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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
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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
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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.
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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
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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
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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
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