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