Amended in Senate June 17, 2015

Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 106

Introduced by Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin, Nazarian, O’Donnell, Rodriguez, Thurmond, Ting, and Williams)

January 9, 2015

An act to amend Section 1040 of the Evidence Code, to amend Section 17706 of the Family Code, to amend Sections 1522 and 1596.871 of, and to amend, repeal, and add Sections 1534, 1569.33, 1597.09, and 1597.55a of, the Health and Safety Code, to amend Section 18726 of the Revenue and Taxation Code, to amend Section 1095 of the Unemployment Insurance Code, and to amend Sections 9305, 11265.3, 11265.47, 11330.5, 11461.3, 11477, 13302, 14124.93, 17600.10, 17600.15, 17601.25, 17604, 17605, 17605.051, 17605.07, 17606.10, 17608.05, 17608.10, 17609.05, 18910, and 18358.30 of, to amend the heading of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of, to amend and repeal Sections 17603.05 and 17604.05 of, to amend, repeal, and add Sections 17600 and 17606.20 of, to add Sections 11253.4, 13303, 13304, 13305, 13306, 15753, and 18910.1 to, to repeal Sections 17605.05, 17605.08, 17606.05, 17606.15, and 17608.15 of, and to repeal and add Section 17605.10 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

AB 106, as amended, Committee on Budget. Human services.

(1) Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state’s child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state’s share of those counties’ collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002-03 to 2014-15 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2016-17 fiscal year.

(2) Under existing law, the State Department of Social Services regulates the licensure and operation of community care facilities, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law provides that these facilities, except for foster family homes, are subject to unannounced visits by the department at least once every 5 years. Existing law requires the department to conduct an annual unannounced visit under specified circumstances, including when a license is on probation, and to conduct annual unannounced visits of no less than 20% of the facilities, other than foster family homes, that are not subject to an inspection under those specified circumstances.

This bill would increase the frequency of inspections of those care facilities licensed by the State Department of Social Services, as specified. The bill would also require the department, as it implements the first stage of the multiyear proposal to increase the inspection frequency of facilities licensed, as specified, to update the Legislature frequently, and no later than April 1, 2016, for the first update, regarding the implementation of the multiyear proposal, as specified.

(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, however, through the 2014-15 fiscal year.

This bill would extend through the 2016-17 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) Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability in support of the California Senior Legislature Fund, which is used to fund the sessions of the California Senior Legislature. Existing law, until January 1, 2015, authorized taxpayers to contribute amounts in excess of their tax liability in support of the California Fund for Senior Citizens, which was used to support those sessions. Existing law requires that funds for the California Senior Legislature be allocated from the now obsolete California Fund for Senior Citizens.

This bill would instead require that funds for the California Senior Legislature be allocated from the California Senior Legislature Fund, which the bill would designate as the successor fund of the California Fund for Senior Citizens. The bill would require that all assets, liabilities, revenues, and expenditures of the California Fund for Senior Citizens be transferred to the California Senior Legislature Fund, and that all references in state law to the California Fund for Senior Citizens be construed to refer to the California Senior Legislature Fund.

(5) Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law requires the director to permit the use of the information for specified purposes, including, among others, to enable federal, state, and local government agencies to verify or determine eligibility for an applicant or recipient of specified public social services, and allows the director to require reimbursement for direct costs incurred.

This bill would require the director to permit the use of any information in his or her possession to enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, to evaluate, research, or forecast the effectiveness of public social services programs, as specified, when the evaluation, research, or forecast is directly connected with, and limited to, the administration of those public social services programs. The bill would also make technical, nonsubstantive changes.

(6) Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the CalWORKs program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Under existing law, an otherwise qualified individual convicted of any of certain felonies that have as an element the possession, use, or distribution of a controlled substance, as defined, is eligible to receive CalWORKs benefits, except as specified.

This bill would make a conforming change by deleting certain reporting requirements regarding those types of convictions with respect to eligibility for the CalWORKs program.

(7) Existing law authorizes a county to provide housing supports, including financial assistance and housing stabilization and relocation services, to CalWORKs recipients who are experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being. Under existing law, the State Department of Social Services is required to allocate funds to a county that meets certain criteria for the purpose of funding these housing supports.

This bill would authorize a county to continue to provide housing supports to a person who has been discontinued from CalWORKs because he or she no longer meets specified income eligibility requirements.

(8) Existing law groups families into assistance units for purposes of determining eligibility and computing the amount of aid payment under CalWORKs. Existing law requires, as a condition of eligibility for assistance under the CalWORKs program, the applicant or recipient to assign to the county any rights to support from any other person the applicant or recipient may have on his or her own behalf, or on behalf of any other family member for whom the applicant or recipient is applying for or receiving aid, only with respect to support that accrues during the period of time that the applicant is receiving assistance under the program, and to cooperate with efforts to establish paternity of a child of the applicant and to establish, modify, or enforce a support order, as specified. Existing law also requires sanctions to be imposed if an individual fails to comply with program requirements.

This bill would exempt applicants for or recipients of CalWORKs benefits from the requirements that they assign to the county any rights to support, and that they cooperate with efforts to establish paternity of a child of the applicant and to establish, modify, or enforce a support order, if all eligible adults in the assistance unit have been subject to sanctions for at least 12 consecutive months for failing to comply with CalWORKs requirements. By imposing additional administrative duties on local officers, the bill would impose a state-mandated local program.

(9) Existing law establishes 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, a child is eligible for AFDC-FC if he or she is placed in the approved home of a relative and is otherwise eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program, in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires counties to pay an approved relative caregiver a per child per month rate in this case if the county has opted in and the child placed in the home meets specified requirements. Existing law appropriates for these purposes $30,000,000 from the General Fund each calendar year, as cumulatively adjusted annually by the California Necessities Index (CNI), as specified.

This bill would provide that a child eligible for the Approved Relative Caregiver Funding Option Program shall not be subject to certain requirements of CalWORKs, except as specified. This bill would require, among other things, that any income or benefit received by an eligible child or an approved relative caregiver on behalf of the eligible child that would be offset against the basic rate paid to a foster care provider, as specified, be offset from any funds, other than CalWORKs funds, paid to the approved relative caregiver, and would require counties to recoup overpayment in the program using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved home of a relative, as specified. The bill would revise the funding provisions for the Approved Relative Caregiver Funding Option Program, including appropriating from the General Fund the sum of $15,000,000 for the period of January 1, 2015, to June 30, 2015, inclusive, and the amount of $30,000,000, with specified adjustments, for the period of July 1, 2015 to June 30, 2016, inclusive. For every 12-month period thereafter, the bill would require an amount calculated pursuant to a specified formula to be appropriated to fund the Approved Relative Caregiver Funding Option Program, as prescribed.

(10) Existing federal law, the Homeland Security Act of 2002, empowers the Director of the Office of Refugee Resettlement of the United States Department of Health and Human Services with functions under the immigration laws of the United States with respect to the care of unaccompanied alien children, as defined, including, but not limited to, coordinating and implementing the care and placement of unaccompanied alien children who are in federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each child, as provided. Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provides that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Commencing January 1, 2016, this bill would require the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. The bill would also require the department, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. The bill would require the department to update the Legislature in the course of budget hearings on specified information, including the timelines for implementation of these provisions and the participating organizations awarded contracts or grants.

(11) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. Under existing law, these payments are suspended for the 2003-04 to 2014-15 fiscal years, inclusive.

This bill would extend the suspension of the above-described payments to local child support agencies through the 2016-17 fiscal year.

(12) Existing law requires each county welfare department to establish and support a system of protective services to elderly and dependent adults who may be subjected to neglect, abuse, or exploitation, or who are unable to protect their own interests.

This bill would require the State Department of Social Services to establish one full-time position that reports to the director to assist counties with specified functions in the operation of their adult protective services system, including developing recommended program goals, performance measures, and outcomes for the system.

(13) Existing law provides for the allocation of funds appropriated from the continuously appropriated Local Revenue Fund for the distribution of sales tax and motor vehicle license fee moneys to local agencies for the administration of various social service programs.

The Local Revenue Fund is divided into various accounts and subaccounts, including the Vehicle License Fee Growth Account, the Sales Tax Growth Account, and the Sales Tax Account, which includes the Mental Health Subaccount, the Social Services Subaccount, and the Family Support Subaccount, among other subaccounts.

This bill would, on and after August 1, 2015, add the County Medical Services Program Subaccount to the Sales Tax Account. The bill would create various new subaccounts in the Vehicle License Fee Account. The bill would also create the County Medical Services Program Growth Subaccount and the General Growth Subaccount in the Vehicle License Fee Growth Account.

(14) Existing law provides for the deposit of sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund into specified subaccounts of the Sales Tax Account. Existing law requires the Controller to deposit into the Sales Tax Growth Account certain remaining unallocated excess sales tax revenues. Existing law requires the Controller to transfer funds from the Social Services Subaccount to the Health Subaccount in an amount not to exceed one billion dollars in any fiscal year, as specified.

This bill would, for the 2015-16 fiscal year, and each fiscal year thereafter, include the County Medical Services Program Subaccount among those subaccounts for deposit of sales tax proceeds, as specified, and would provide for the remaining unallocated excess sales tax revenues to be deposited after that allocation. The bill would restrict the one-billion-dollar limit for fund transfers between the Social Services Subaccount and the Health Subaccount to the 2014-15 fiscal year.

The bill would also require the Controller to make monthly deposits of vehicle license fee proceeds, from revenues deposited to the credit of the Local Revenue Fund, to various subaccounts of the Vehicle License Fee Account. The bill would provide that any excess vehicle license fee revenues would be deposited in the Vehicle License Fee Growth Account of the Local Revenue Fund.

(15) Existing law requires the Controller to deposit specified amounts to the County Medical Services Subaccount in lieu of depositing those amounts into the County Medical Services Program Account of the County Health Services Fund, upon request of the County Medical Services Program Governing Board. Existing law also provides for the allocation of funds to eligible jurisdictions with a poverty-population shortfall if deposits into certain subaccounts in the Sales Tax Growth Account are not sufficient to eliminate poverty-population shortfalls, as calculated by the Department of Finance.

This bill would delete those provisions.

(16) Existing law requires the Controller to allocate funds from the General Growth Subaccount in the Sales Tax Growth Account to the Mental Health Account of each county, city, or city and county based on a schedule provided by the Department of Finance, to allocate a specified percentage of the total General Growth Subaccount to the Health Account, and to allocate the remaining funds to the Child Poverty and Family Supplemental Support Subaccount in the Sales Tax Account.

This bill would continue the allocation to the local Mental Health Accounts, but would instead require the Controller to allocate that specified percentage of the General Growth Subaccount to the health account of each county, city, or city and county based on a schedule provided by the Department of Finance, and to allocate the remaining funds to the family support account of each county or city and county, as specified.

(17) Existing law requires a county or city, as a condition of the deposit of funds from the Sales Tax Account of the Local Revenue Fund into the local health and welfare trust fund account of that county or city, to deposit general purpose revenues into that account pursuant to a specified schedule, and to take additional financial actions, as specified. Similarly, a county, city, or city and county is required, as a condition of the deposit of Sales Tax Growth Account funds into the local health and welfare trust fund account, to deposit local matching funds into that account, as specified.

This bill would delete those additional financial action and matching fund requirements.

This bill would make related, conforming, and other technical changes.

By revising the allocation of moneys that are continuously appropriated from the Local Revenue Fund, this bill would make an appropriation.

(18) 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 the State Department of Social Services to redetermine recipient eligibility and grant amounts under CalFresh on a semiannual basis, using prospective budgeting, and to prospectively determine the benefit amount that a recipient is entitled to receive for each month of the semiannual reporting period. Existing law requires counties, for individuals who are also Medi-Cal beneficiaries, to seek to align the timing of the semiannual reports with the reports required by the Medi-Cal program.

This bill would make that requirement inapplicable to CalFresh households in which all adult members are elderly or disabled members, as defined, and in which the household has no earned income. This bill would also state the intent of the Legislature to eliminate change reporting, as defined, and to assign certification periods for CalFresh households that are the maximum allowed under federal law.

(19) Existing law requires the State Department of Social Services to implement an intensive treatment foster care program in each county that applies for and receives the department’s approval for an intensive treatment foster care program rate. Existing law establishes a standard rate schedule of service and rate levels and, until June 30, 2015, an interim schedule of modified service and rate levels. Existing law requires counties and cities and counties to pay 100% of the nonfederal costs of these intensive foster care programs.

This bill would extend the operation of the interim schedule of modified service and rate levels until December 31, 2016. The bill would also require that the amount paid to a certified foster parent under an intensive treatment foster care program be adjusted on July 1, 2015, and on July 1, 2016, by an amount equal to the California Necessities Index. To the extent that this bill would increase the cost to counties and cities and counties of these intensive treatment foster care programs, this bill would impose a state-mandated local program.

(20) The bill would authorize the State Department of Social Services to implement specified provisions of the bill through all-county letters or similar instructions and would require the department to adopt emergency regulations implementing these provisions no later than January 1, 2017.

(21) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 1040 of the Evidence Code is amended
to read:

1040.  

(a) As used in this section, “official information” means
information acquired in confidence by a public employee in the
course of his or her duty and not open, or officially disclosed, to
the public prior to the time the claim of privilege is made.

(b) A public entity has a privilege to refuse to disclose official
information, and to prevent another from disclosing official
information, if the privilege is claimed by a person authorized by
the public entity to do so and either of the following apply:

(1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this state.

(2) Disclosure of the information is against the public interest
because there is a necessity for preserving the confidentiality of
the information that outweighs the necessity for disclosure in the
interest of justice; but no privilege may be claimed under this
paragraph if any person authorized to do so has consented that the
information be disclosed in the proceeding. In determining whether
disclosure of the information is against the public interest, the
interest of the public entity as a party in the outcome of the
proceeding may not be considered.

(c) Notwithstanding any other law, the Employment
Development Department shall disclose to law enforcement
agencies, in accordance with subdivision (i) of Section 1095 of
the Unemployment Insurance Code, information in its possession
relating to any person if an arrest warrant has been issued for the
person for commission of a felony.

SEC. 2.  

Section 17706 of the Family Code is amended to read:

17706.  

(a) It is the intent of the Legislature to encourage
counties to elevate the visibility and significance of the child
support enforcement program in the county. To advance this goal,
effective July 1, 2000, the counties with the 10 best performance
standards pursuant to clause (ii) of subparagraph (B) of paragraph
(2) of subdivision (b) of Section 17704 shall receive an additional
5 percent of the state’s share of those counties’ collections that are
used to reduce or repay aid that is paid pursuant to Article 6
(commencing with Section 11450) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code. The counties shall
use the increased recoupment for child support-related activities
that may not be eligible for federal child support funding under
Part D of Title IV of the Social Security Act, including, but not
limited to, providing services to parents to help them better support
their children financially, medically, and emotionally.

(b) The operation of subdivision (a) shall be suspended for the
2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08,
2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14,
2014-15, 2015-16, and 2016-17 fiscal years.

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 or certified family home.

(a) (1) Before and, as applicable, subsequent to 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, or for violating Section
245, 273ab, 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 is prohibited from granting a criminal record
exemption pursuant to subdivision (g).

(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 2016-17 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
criminal record information 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, or the issuance of a certificate
of approval of a certified family home by a foster family agency,
the department determines that the licensee or any other person
specified in subdivision (b) has a criminal record, the department
may revoke the license, or require a foster family agency to revoke
the certificate of approval, pursuant to Section 1550. The
department may also suspend the license or require a foster family
agency to suspend the certificate of approval 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 record clearances and exemptions for the
following persons:

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

(B) Any person, other than a client, residing in the facility or
certified family home.

(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
or certified family home. 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
or certified family home 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 or certified parent
are not left alone with the foster children. However, the licensee
or certified parent, 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 or certified
parent, 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, 273ab, 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 and, as applicable, subsequent to 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, 273ab, 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 is
prohibited from granting a criminal record exemption pursuant to
subdivision (g). 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, certificate of
approval, or presence 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 criminal
record information 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 or other approving
authority 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 or presence shall be denied, unless the director grants
an exemption from disqualification pursuant to subdivision (g).

(8) If the State Department of Social Services or other approving
authority 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) (1) 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.

(2) The department shall not issue a criminal record clearance
to a person who has been arrested for any crime specified in Section
290 of the Penal Code, or for violating Section 245, 273ab, or
273.5, or 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 is prohibited from
granting a criminal record exemption pursuant to subdivision (g),
prior to the department’s completion of an investigation pursuant
to paragraph (1).

(3) 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 273ab, 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 1534 of the Health and Safety Code is amended
to read:

1534.  

(a) (1) (A) Except for foster family homes, every
licensed community care facility shall be subject to unannounced
inspections by the department.

(B) Foster family homes shall be subject to announced
inspections by the department, except that a foster family home
shall be subject to unannounced inspections in response to a
complaint, a plan of correction, or under any of the circumstances
set forth in subparagraph (B) of paragraph (2).

(2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.

(B) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(i) When a license is on probation.

(ii) When the terms of agreement in a facility compliance plan
require an annual inspection.

(iii) When an accusation against a licensee is pending.

(iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a facility by the department is no longer at the facility.

(C) (i) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities, except for foster
family homes, not subject to an inspection under subparagraph
(B).

(ii) The department shall conduct annual announced inspections
of no less than 20 percent of foster family homes not subject to an
inspection under subparagraph (B).

(iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.

(iv) If the total citations issued by the department to facilities
exceed the previous year’s total by 10 percent, the following year
the department shall increase the random sample by an additional
10 percent of the facilities not subject to an inspection under
subparagraph (B). The department may request additional resources
to increase the random sample by 10 percent.

(v) The department shall not inspect a licensed community care
facility less often than once every five years.

(3) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group
homes at any public agency or private agency at which the client
may be found, including, but not limited to, a juvenile hall,
recreation or vocational program, or a public or nonpublic school.
The department shall respect the rights of the child while
conducting the interview, including informing the child that he or
she has the right not to be interviewed and the right to have another
adult present during the interview.

(4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance
by the facility.

(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency,
a certified family home, or any aspect of a program in which a
licensed community care facility is certifying compliance with
licensing requirements.

(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that
the certified family home meets all applicable licensing standards.
A foster family agency may inspect a certified family home as
often as necessary to ensure the quality of care provided.

(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an
unannounced inspection of a certified family home under any of
the following circumstances:

(i) When a certified family home is on probation.

(ii) When the terms of the agreement in a facility compliance
plan require an annual inspection.

(iii) When an accusation against a certified family home is
pending.

(iv) When a certified family home requires an annual inspection
as a condition of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a certified family home by the department is no longer at the home.

(3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke
the certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent
or prospective foster parent shall be afforded the due process
provided pursuant to this chapter.

(4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the certified
or prospective foster parent of the basis of the department’s action
and of the certified or prospective foster parent’s right to a hearing.

(5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department’s decision with the department.
The department’s action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.

(6) The department’s order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.

(7) A certified or prospective foster parent who files a written
appeal of the department’s order with the department pursuant to
this section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change
in mailing address, until the hearing process has been completed
or terminated.

(8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this section the standard
of proof shall be by a preponderance of the evidence.

(9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon
any ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster parent,
notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.

(10) A foster family agency’s failure to comply with the
department’s order to deny or revoke the certificate of approval
by placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.

(c) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 5.  

Section 1534 is added to the Health and Safety Code,
to read:

1534.  

(a) (1) (A) Except for foster family homes, every
licensed community care facility shall be subject to unannounced
inspections by the department.

(B) Foster family homes shall be subject to announced
inspections by the department, except that a foster family home
shall be subject to unannounced inspections in response to a
complaint, a plan of correction, or under any of the circumstances
set forth in subparagraph (B) of paragraph (2).

(2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.

(B) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(i) When a license is on probation.

(ii) When the terms of agreement in a facility compliance plan
require an annual inspection.

(iii) When an accusation against a licensee is pending.

(iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a facility by the department is no longer at the facility.

(C) On and after January 1, 2017, and until January 1, 2018,
the following shall apply:

(i) Except for foster family homes, the department shall conduct
annual unannounced inspections of no less than 30 percent of every
licensed community care facility not subject to an inspection under
subparagraph (B).

(ii) The department shall conduct annual announced inspections
of no less than 30 percent of foster family homes not subject to an
inspection under subparagraph (B).

(iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.

(iv) The department shall inspect a licensed community care
facility at least once every three years.

(D) On and after January 1, 2018, and until January 1, 2019,
the following shall apply:

(i) The department shall conduct annual unannounced
inspections of no less than 20 percent of adult residential facilities,
adult day programs, social rehabilitation facilities, enhanced
behavioral support homes for adults, and community crisis homes,
as defined in Section 1502, which are not subject to an inspection
under subparagraph (B).

(ii) These inspections shall be conducted based on a random
sampling methodology developed by the department.

(iii) The department shall inspect an adult residential facility,
adult day program, social rehabilitation facility, enhanced
behavioral support home for adults, and community crisis home,
as defined in Section 1502, at least once every two years.

(E) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all adult residential facilities,
adult day programs, social rehabilitation facilities, enhanced
behavioral support homes for adults, and community crisis homes,
as defined in Section 1502, and adult residential facilities for
persons with special health care needs, as defined in Section
4684.50 of the Welfare and Institutions Code.

(F) On and after January 1, 2018, the following shall apply:

(i) Except for foster family homes, the department shall conduct
annual unannounced inspections of no less than 20 percent of
residential care facilities for children, as defined in Section 1502,
including enhanced behavioral support homes for children,
transitional housing placement providers, and foster family
agencies not subject to an inspection under subparagraph (B).

(ii) The department shall conduct annual announced inspections
of no less than 20 percent of foster family homes, as defined in
Section 1502, not subject to an inspection under subparagraph (B).

(iii) The inspections in clauses (i) and (ii) shall be conducted
based on a random sampling methodology developed by the
department.

(iv) The department shall conduct unannounced inspections of
residential care facilities for children, as defined in Section 1502,
including enhanced behavioral support homes for children,
transitional housing placement providers, and foster family
agencies, and announced inspections of foster family homes, at
least once every two years.

(3) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group
homes at any public agency or private agency at which the client
may be found, including, but not limited to, a juvenile hall,
recreation or vocational program, or a public or nonpublic school.
The department shall respect the rights of the child while
conducting the interview, including informing the child that he or
she has the right not to be interviewed and the right to have another
adult present during the interview.

(4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance
by the facility.

(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency,
a certified family home, or any aspect of a program in which a
licensed community care facility is certifying compliance with
licensing requirements.

(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that
the certified family home meets all applicable licensing standards.
A foster family agency may inspect a certified family home as
often as necessary to ensure the quality of care provided.

(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an
unannounced inspection of a certified family home under any of
the following circumstances:

(i) When a certified family home is on probation.

(ii) When the terms of the agreement in a facility compliance
plan require an annual inspection.

(iii) When an accusation against a certified family home is
pending.

(iv) When a certified family home requires an annual inspection
as a condition of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a certified family home by the department is no longer at the home.

(3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke
the certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent
or prospective foster parent shall be afforded the due process
provided pursuant to this chapter.

(4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the certified
or prospective foster parent of the basis of the department’s action
and of the certified or prospective foster parent’s right to a hearing.

(5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department’s decision with the department.
The department’s action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.

(6) The department’s order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.

(7) A certified or prospective foster parent who files a written
appeal of the department’s order with the department pursuant to
this section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change
in mailing address, until the hearing process has been completed
or terminated.

(8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this section the standard
of proof shall be by a preponderance of the evidence.

(9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon
any ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster parent,
notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.

(10) A foster family agency’s failure to comply with the
department’s order to deny or revoke the certificate of approval
by placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.

(c) This section shall become operative on January 1, 2017.

SEC. 6.  

Section 1569.33 of the Health and Safety Code is
amended to read:

1569.33.  

(a) Every licensed residential care facility for the
elderly shall be subject to unannounced inspections by the
department. The department shall inspect these facilities as often
as necessary to ensure the quality of care provided.

(b) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) When a facility requires an annual visit as a condition of
receiving federal financial participation.

(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.

(c) (1) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities not subject to
an inspection under subdivision (b). These unannounced
inspections shall be conducted based on a random sampling
methodology developed by the department.

(2) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an inspection under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.

(d) Under no circumstance shall the department inspect a
residential care facility for the elderly less often than once every
five years.

(e) (1) The department shall notify the residential care facility
for the elderly in writing of all deficiencies in its compliance with
the provisions of this chapter and the rules and regulations adopted
pursuant to this chapter.

(2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the deficiencies
within 10 days of the notification.

(f) (1) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.

(B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by
January 1, 2020.

(g) As a part of the department’s evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or
a special environment for persons with dementia to monitor
compliance with Sections 1569.626 and 1569.627.

(h) (1) The department shall design, or cause to be designed,
a poster that contains information on the appropriate reporting
agency in case of a complaint or emergency.

(2) Each residential care facility for the elderly shall post this
poster in the main entryway of its facility.

(i) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 7.  

Section 1569.33 is added to the Health and Safety
Code, to read:

1569.33.  

(a) Every licensed residential care facility for the
elderly shall be subject to unannounced inspections by the
department. The department shall inspect these facilities as often
as necessary to ensure the quality of care provided.

(b) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) When a facility requires an annual inspection as a condition
of receiving federal financial participation.

(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.

(c) On and after January 1, 2017, and until January 1, 2018, the
following shall apply:

(1) The department shall conduct annual unannounced
inspections of no less than 30 percent of residential care facilities
for the elderly not subject to an inspection under subdivision (b).

(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

(3) The department shall inspect a residential care facility for
the elderly at least once every three years.

(d) On and after January 1, 2018, and until January 1, 2019, the
following shall apply:

(1) The department shall conduct annual unannounced
inspections of no less than 20 percent of residential care facilities
for the elderly not subject to an evaluation under subdivision (b).

(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

(3) The department shall inspect a residential care facility for
the elderly at least once every two years.

(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all residential care facilities
for the elderly.

(f) (1) The department shall notify the residential care facility
for the elderly in writing of all deficiencies in its compliance with
the provisions of this chapter and the rules and regulations adopted
pursuant to this chapter.

(2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the deficiencies
within 10 days of the notification.

(g) (1) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.

(B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by
January 1, 2020.

(h) As a part of the department’s evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or
a special environment for persons with dementia to monitor
compliance with Sections 1569.626 and 1569.627.

(i) (1) The department shall design, or cause to be designed, a
poster that contains information on the appropriate reporting agency
in case of a complaint or emergency.

(2) Each residential care facility for the elderly shall post this
poster in the main entryway of its facility.

(j) This section shall become operative on January 1, 2017.

SEC. 8.  

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 and, as applicable, subsequent to 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, or for violating Section 245, 273ab, 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 is prohibited from granting a criminal
record exemption pursuant to subdivision (f).

(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 2016-17 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
criminal record information 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 record clearances and exemptions for 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, a person specified
in subdivision (b) who is not exempt from fingerprinting shall
obtain either a criminal record clearance or an exemption from
disqualification, pursuant to subdivision (f), 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, or 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 and related information shall be
electronically submitted to the Department of Justice 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. A licensee’s failure to submit fingerprint images
and related information 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 1596.886. The State Department of Social
Services may assess civil penalties for repeated or continued
violations permitted by Sections 1596.99 and 1597.58. 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 1596.886. The department may assess civil
penalties for repeated or continued violations, as permitted by
Sections 1596.99 and 1597.58.

(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, 273ab, 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 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) (1) 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.

(2) The department shall not issue a criminal record clearance
to a person who has been arrested for any crime specified in Section
290 of the Penal Code, or for violating Section 245, 273ab, or
273.5, or 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 is prohibited from
granting a criminal record exemption pursuant to subdivision (f),
prior to the department’s completion of an investigation pursuant
to paragraph (1).

(3) 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
shall 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 273ab, 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 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
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 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. 9.  

Section 1597.09 of the Health and Safety Code is
amended to read:

1597.09.  

(a) Each licensed child day care center shall be
subject to unannounced inspections by the department. The
department shall inspect these facilities as often as necessary to
ensure the quality of care provided.

(b) The department shall conduct an annual unannounced
inspection of a licensed child day care center under any of the
following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of
a child day care center by the department is no longer at the facility.

(c) (1) The department shall conduct an annual unannounced
inspection of no less than 20 percent of facilities not subject to an
inspection under subdivision (b). These unannounced inspections
shall be conducted based on a random sampling methodology
developed by the department.

(2) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an inspection under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.

(d) Under no circumstance shall the department inspect a
licensed child day care center less often than once every five years.

(e) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 10.  

Section 1597.09 is added to the Health and Safety
Code, to read:

1597.09.  

(a) Each licensed child day care center shall be
subject to unannounced inspections by the department. The
department shall inspect these facilities as often as necessary to
ensure the quality of care provided.

(b) The department shall conduct an annual unannounced
inspection of a licensed child day care center under any of the
following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of
a child day care center by the department is no longer at the facility.

(c) (1) The department shall conduct an annual unannounced
inspection of no less than 30 percent of facilities not subject to an
evaluation under subdivision (b).

(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

(d) The department shall inspect a licensed child day care center
at least once every three years.

(e) This section shall become operative on January 1, 2017.

SEC. 11.  

Section 1597.55a of the Health and Safety Code is
amended to read:

1597.55a.  

Every family day care home shall be subject to
unannounced inspections by the department as provided in this
section. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.

(a) The department shall conduct an announced site visit prior
to the initial licensing of the applicant.

(b) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of
a family day care home by the department is no longer at the
facility.

(c) (1) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities not subject to
an inspection under subdivision (b). These unannounced
inspections shall be conducted based on a random sampling
methodology developed by the department.

(2) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an inspection under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.

(d) Under no circumstance shall the department inspect a
licensed family day care home less often than once every five
years.

(e) A public agency under contract with the department may
make spot checks if it does not result in any cost to the state.
However, spot checks shall not be required by the department.

(f) The department or licensing agency shall make an
unannounced site inspection on the basis of a complaint and a
followup inspection as provided in Section 1596.853.

(g) An unannounced site inspection shall adhere to both of the
following conditions:

(1) The inspection shall take place only during the facility’s
normal business hours or at any time family day care services are
being provided.

(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or
to which the children have access.

(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance
with Section 18285.5 of the Welfare and Institutions Code.

(i) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 12.  

Section 1597.55a is added to the Health and Safety
Code, to read:

1597.55a.  

Every family day care home shall be subject to
unannounced inspections by the department as provided in this
section. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.

(a) The department shall conduct an announced site inspection
prior to the initial licensing of the applicant.

(b) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of
a family day care home by the department is no longer at the
facility.

(c) (1) The department shall conduct annual unannounced
inspections of no less than 30 percent of facilities not subject to
an inspection under subdivision (b).

(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

(d) The department shall inspect a licensed family day care
home at least once every three years.

(e) A public agency under contract with the department may
make spot checks if it does not result in any cost to the state.
However, spot checks shall not be required by the department.

(f) The department or licensing agency shall make an
unannounced site inspection on the basis of a complaint and a
followup inspection as provided in Section 1596.853.

(g) An unannounced site inspection shall adhere to both of the
following conditions:

(1) The inspection shall take place only during the facility’s
normal business hours or at any time family day care services are
being provided.

(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or
to which the children have access.

(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance
with Section 18285.5 of the Welfare and Institutions Code.

(i) This section shall become operative on January 1, 2017.

SEC. 13.  

Section 18726 of the Revenue and Taxation Code is
amended to read:

18726.  

(a) There is hereby established in the State Treasury
the California Senior Legislature Fund to receive contributions
made pursuant to Section 18725. The Franchise Tax Board shall
notify the Controller of both the amount of money paid by
taxpayers in excess of their tax liability and the amount of refund
money that taxpayers have designated pursuant to Section 18725
to be transferred to the California Senior Legislature Fund. The
Controller shall transfer from the Personal Income Tax Fund to
the California Senior Legislature Fund an amount not in excess of
the sum of the amounts designated by individuals pursuant to
Section 18725 for payment into that fund.

(b) The California Senior Legislature Fund is the successor fund
of the California Fund for Senior Citizens. All assets, liabilities,
revenues, and expenditures of the California Fund for Senior
Citizens shall be transferred to, and become a part of, the California
Senior Legislature Fund, as provided in Section 16346 of the
Government Code. Any references in state law to the California
Fund for Senior Citizens shall be construed to refer to the
California Senior Legislature Fund.

SEC. 14.  

Section 1095 of the Unemployment Insurance Code
is amended to read:

1095.  

The director shall permit the use of any information in
his or her possession to the extent necessary for any of the
following purposes and may require reimbursement for all direct
costs incurred in providing any and all information specified in
this section, except information specified in subdivisions (a) to
(e), inclusive:

(a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.

(b) To properly present a claim for benefits.

(c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.

(d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).

(e) To enable an employer to receive a reduction in contribution
rate.

(f) To enable federal, state, or local governmental departments
or agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of, public
social services provided pursuant to Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code, or Part A of
Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
seq.), when the verification or determination is directly connected
with, and limited to, the administration of public social services.

(g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, when the
determination is directly connected with, and limited to, the
administration of general relief or assistance.

(h) To enable state or local governmental departments or
agencies to seek criminal, civil, or administrative remedies in
connection with the unlawful application for, or receipt of, relief
provided under Division 9 (commencing with Section 10000) of
the Welfare and Institutions Code or to enable the collection of
expenditures for medical assistance services pursuant to Part 5
(commencing with Section 17000) of Division 9 of the Welfare
and Institutions Code.

(i) To provide any law enforcement agency with the name,
address, telephone number, birth date, social security number,
physical description, and names and addresses of present and past
employers, of any victim, suspect, missing person, potential
witness, or person for whom a felony arrest warrant has been
issued, when a request for this information is made by any
investigator or peace officer as defined by Sections 830.1 and
830.2 of the Penal Code, or by any federal law enforcement officer
to whom the Attorney General has delegated authority to enforce
federal search warrants, as defined under Sections 60.2 and 60.3
of Title 28 of the Code of Federal Regulations, as amended, and
when the requesting officer has been designated by the head of
the law enforcement agency and requests this information in the
course of and as a part of an investigation into the commission of
a crime when there is a reasonable suspicion that the crime is a
felony and that the information would lead to relevant evidence.
The information provided pursuant to this subdivision shall be
provided to the extent permitted by federal law and regulations,
and to the extent the information is available and accessible within
the constraints and configurations of existing department records.
Any person who receives any information under this subdivision
shall make a written report of the information to the law
enforcement agency that employs him or her, for filing under the
normal procedures of that agency.

(1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.

(2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.

(3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.

(4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against
the applicant or in the event of an investigation by a law
enforcement agency into the commission of a felony.

(j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability allowance,
or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system
or by an employee of the system so authorized and identified by
name and title by the chief executive officer in writing.

(k) To enable the Division of Labor Standards Enforcement in
the Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or
the unlawful payment of, wages pursuant to Chapter 1
(commencing with Section 200) of Part 1 of Division 2 of, and
Chapter 1 (commencing with Section 1720) of Part 7 of Division
2 of, the Labor Code.

(l) To enable federal, state, or local governmental departments
or agencies to administer child support enforcement programs
under Part D of Title IV of the federal Social Security Act (42
U.S.C. Sec. 651 et seq.).

(m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration
of the Victims of Crime Program or in the location of victims of
crime who, by state mandate or court order, are entitled to
restitution that has been or can be recovered.

(n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are
or have been:

(1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.

(2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies. The information released
by the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.

(o) To provide an authorized governmental agency with any or
all relevant information that relates to any specific workers’
compensation insurance fraud investigation. The information shall
be provided to the extent permitted by federal law and regulations.
For the purposes of this subdivision, “authorized governmental
agency” means the district attorney of any county, the office of
the Attorney General, the Contractors’ State License Board, the
Department of Industrial Relations, and the Department of
Insurance. An authorized governmental agency may disclose this
information to the State Bar, the Medical Board of California, or
any other licensing board or department whose licensee is the
subject of a workers’ compensation insurance fraud investigation.
This subdivision shall not prevent any authorized governmental
agency from reporting to any board or department the suspected
misconduct of any licensee of that body.

(p) To enable the Director of Consumer Affairs, or his or her
representatives, to access unemployment insurance quarterly wage
data on a case-by-case basis to verify information on school
administrators, school staff, and students provided by those schools
who are being investigated for possible violations of Chapter 8
(commencing with Section 94800) of Part 59 of Division 10 of
Title 3 of the Education Code.

(q) To provide employment tax information to the tax officials
of Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, “reciprocal agreement” means a formal agreement to
exchange information between national taxing officials of Mexico
and taxing authorities of the State Board of Equalization, the
Franchise Tax Board, and the Employment Development
Department. Furthermore, the reciprocal agreement shall be limited
to the exchange of information that is essential for tax
administration purposes only. Taxing authorities of the State of
California shall be granted tax information only on California
residents. Taxing authorities of Mexico shall be granted tax
information only on Mexican nationals.

(r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall
be limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall
not include information regarding individual employees.

(s) To provide the State Department of Developmental Services
with wage and employer information that will assist in the
collection of moneys owed by the recipient, parent, or any other
legally liable individual for services and supports provided pursuant
to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
and Chapter 2 (commencing with Section 7200) and Chapter 3
(commencing with Section 7500) of Division 7 of, the Welfare
and Institutions Code.

(t) To provide the State Board of Equalization with employment
tax information that will assist in the administration of tax
programs. The information shall be limited to the exchange of
employment tax information essential for tax administration
purposes to the extent permitted by federal law and regulations.

(u) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by any private collection agency.

(v) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included
penalties under Section 1128 or 1128.1 shall not be in violation
of Section 1094 if the assessment is final. The disclosure may also
include any of the following:

(1) The total amount of the assessment.

(2) The amount of the penalty imposed under Section 1128 or
1128.1 that is included in the assessment.

(3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.

(w) To enable the Contractors’ State License Board to verify
the employment history of an individual applying for licensure
pursuant to Section 7068 of the Business and Professions Code.

(x) To provide any peace officer with the Division of
Investigation in the Department of Consumer Affairs information
pursuant to subdivision (i) when the requesting peace officer has
been designated by the chief of the Division of Investigation and
requests this information in the course of and as part of an
investigation into the commission of a crime or other unlawful act
when there is reasonable suspicion to believe that the crime or act
may be connected to the information requested and would lead to
relevant information regarding the crime or unlawful act.

(y) To enable the Labor Commissioner of the Division of Labor
Standards Enforcement in the Department of Industrial Relations
to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
uninsured employers. The information shall be provided to the
extent permitted by federal law and regulations.

(z) To enable the Chancellor of the California Community
Colleges, in accordance with the requirements of Section 84754.5
of the Education Code, to obtain quarterly wage data, commencing
January 1, 1993, on students who have attended one or more
community colleges, to assess the impact of education on the
employment and earnings of students, to conduct the annual
evaluation of district-level and individual college performance in
achieving priority educational outcomes, and to submit the required
reports to the Legislature and the Governor. The information shall
be provided to the extent permitted by federal statutes and
regulations.

(aa) To enable the Public Employees’ Retirement System to
seek criminal, civil, or administrative remedies in connection with
the unlawful application for, or receipt of, benefits provided under
Part 3 (commencing with Section 20000) of Division 5 of Title 2
of the Government Code.

(ab) To enable the State Department of Education, the University
of California, the California State University, and the Chancellor
of the California Community Colleges, pursuant to the
requirements prescribed by the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
wage data, commencing July 1, 2010, on students who have
attended their respective systems to assess the impact of education
on the employment and earnings of those students, to conduct the
annual analysis of district-level and individual district or
postsecondary education system performance in achieving priority
educational outcomes, and to submit the required reports to the
Legislature and the Governor. The information shall be provided
to the extent permitted by federal statutes and regulations.

(ac) To provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
2 of the Labor Code). The information shall be provided to the
extent permitted by federal statutes and regulations.

(ad) (1) To enable the State Department of Health Care
Services, the California Health Benefit Exchange, the Managed
Risk Medical Insurance Board, and county departments and
agencies to obtain information regarding employee wages,
California employer names and account numbers, employer reports
of wages and number of employees, and disability insurance and
unemployment insurance claim information, for the purpose of:

(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal Program, provided pursuant to Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code, and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695)
of Division 2 of the Insurance Code, when the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.

(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22
(commencing with Section 100500) of the Government Code,
including federal tax credits and cost-sharing assistance pursuant
to the federal Patient Protection and Affordable Care Act (Public
Law 111-148), as amended by the federal Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152), when
the verification or determination is directly connected with, and
limited to, the administration of the California Health Benefit
Exchange.

(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, when the verification or determination is
directly connected with, and limited to, the administration of the
Small Business Health Options Program.

(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.

(ae) To provide any peace officer with the Investigations
Division of the Department of Motor Vehicles with information
pursuant to subdivision (i), when the requesting peace officer has
been designated by the Chief of the Investigations Division and
requests this information in the course of, and as part of, an
investigation into identity theft, counterfeiting, document fraud,
or consumer fraud, and there is reasonable suspicion that the crime
is a felony and that the information would lead to relevant evidence
regarding the identity theft, counterfeiting, document fraud, or
consumer fraud. The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal
law and regulations, and to the extent the information is available
and accessible within the constraints and configurations of existing
department records. Any person who receives any information
under this subdivision shall make a written report of the
information to the Investigations Division of the Department of
Motor Vehicles, for filing under the normal procedures of that
division.

(af) Until January 1, 2020, to enable the Department of Finance
to prepare and submit the report required by Section 13084 of the
Government Code that identifies all employers in California that
employ 50 or more employees who receive benefits from the
Medi-Cal program (Chapter 7 (commencing with Section 14000)
of Part 3 of Division 9 of the Welfare and Institutions Code). The
information used for this purpose shall be limited to information
obtained pursuant to Section 11026.5 of the Welfare and
Institutions Code and from the administration of personal income
tax wage withholding pursuant to Division 6 (commencing with
Section 13000) and the disability insurance program and may be
disclosed to the Department of Finance only for the purpose of
preparing and submitting the report and only to the extent not
prohibited by federal law.

(ag) To provide, to the extent permitted by federal law and
regulations, the Student Aid Commission with wage information
in order to verify the employment status of an individual applying
for a Cal Grant C award pursuant to subdivision (c) of Section
69439 of the Education Code.

(ah) To enable the Department of Corrections and Rehabilitation
to obtain quarterly wage data of former inmates who have been
incarcerated within the prison system in order to assess the impact
of rehabilitation services or the lack of these services on the
employment and earnings of these former inmates. Quarterly data
for a former inmate’s employment status and wage history shall
be provided for a period of one year, three years, and five years
following release. The data shall only be used for the purpose of
tracking outcomes for former inmates in order to assess the
effectiveness of rehabilitation strategies on the wages and
employment histories of those formerly incarcerated. The
information shall be provided to the department to the extent not
prohibited by federal law.

(ai) To enable federal, state, or local government departments
or agencies, or their contracted agencies, subject to federal law,
including the confidentiality, disclosure, and other requirements
set forth in Part 603 of Title 20 of the Code of Federal Regulations,
to evaluate, research, or forecast the effectiveness of public social
services programs administered pursuant to Division 9
(commencing with Section 10000) of the Welfare and Institutions
Code, or Part A of Subchapter IV of Chapter 7 of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation,
research, or forecast is directly connected with, and limited to, the
administration of the public social services programs.

SEC. 15.  

Section 9305 of the Welfare and Institutions Code is
amended to read:

9305.  

(a) The funds for the California Senior Legislature shall
be allocated from the California Senior Legislature Fund or from
private funds directed to the Legislature for the purpose of funding
activities of the California Senior Legislature.

(b) The California Senior Legislature may accept gifts and grants
from any source, public or private, to help perform its functions,
pursuant to Section 9304.

SEC. 16.  

Section 11253.4 is added to the Welfare and
Institutions Code, to read:

11253.4.  

(a) (1) On and after January 1, 2015, a child eligible
for the Approved Relative Caregiver Funding Option Program in
accordance with Section 11461.3, is not subject to the provisions
of this chapter relating to CalWORKs, including, but not limited
to, the provisions that relate to CalWORKs eligibility,
welfare-to-work, time limits, or grant computation.

(2) All of the following shall apply to a child specified in
paragraph (1):

(A) He or she shall receive the applicable regional CalWORKs
grant for recipient in an assistance unit of one, pursuant to the
exempt maximum aid payment set forth in Section 11450, and any
changes to the CalWORKs grant amount shall apply to the grant
described in this subparagraph.

(B) Notwithstanding any other law, the CalWORKs grant of
the child shall be paid by the county with payment responsibility
as described in subdivision (b) of Section 11461.3, rather than the
county of residence of the child, unless the child resides in the
county with payment responsibility.

(C) For an assistance unit described in subparagraph (A),
eligibility shall be determined in accordance with paragraph (3)
of subdivision (a) of Section 672 of Title 42 of the United States
Code and state law implementing those requirements for the
purposes of Article 5 (commencing with Section 11400).

(b) (1) Except as provided in paragraph (2), a person who is an
approved relative caregiver with whom a child eligible in
accordance with Section 11461.3 is placed, shall be exempt from
Chapter 4.6 (commencing with Section 10830) of Part 2 governing
the statewide fingerprint imaging system.

(2) An approved relative caregiver who is also an applicant for
or a recipient of benefits under this chapter shall comply with the
statewide fingerprint imaging system requirements.

(c) Notwithstanding Sections 11004 and 11004.1 or any other
law, overpayments to an assistance unit described in subparagraph
(A) of paragraph (2) of subdivision (a) shall be collected in
accordance with subdivision (d) of Section 11461.3.

(d) If an approved relative caregiver with whom a child eligible
in accordance with 11461.3 is placed is also an applicant for or a
recipient of benefits under this chapter all of the following shall
apply:

(1) The applicant or recipient and each eligible child, excluding
any child eligible in accordance with Section 11461.3, shall receive
aid in an assistance unit separate from the assistance unit described
in subparagraph (A) of paragraph (2) of subdivision (a), and the
CalWORKs grant of the assistance unit shall be paid by the county
of residence of the assistance unit.

(2) For purposes of calculating the grant of the assistance unit,
the number of eligible needy persons on which the grant is based
pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
not include any child eligible in accordance with Section 11461.3.

(3) For purposes of calculating minimum basic standards of
adequate care for the assistance unit, any child eligible in
accordance with Section 11461.3 shall be included as an eligible
needy person in the same family pursuant to paragraph (2) of
subdivision (a) of Section 11452.

(e) This section shall apply retroactively to a child eligible for
the Approved Relative Caregiver Funding Option Program and
his or her approved relative caregiver as of January 1, 2015.

SEC. 17.  

Section 11265.3 of the Welfare and Institutions Code
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
CalWORKs benefits.

(3) The amount likely to render the recipient ineligible for
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) 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.

(2) The duty to report under this section.

(3) The consequences of failing to report.

(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 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 recalculate the grant for the
current month and any remaining months in the semiannual
reporting period 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 months
remaining in the semiannual reporting period.

(2) When the anticipated income is determined pursuant to
paragraph (1), and a grant amount is calculated based upon the
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 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 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 is verbal, the county shall provide a 10-day
notice before discontinuing benefits. If the recipient’s 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. 18.  

Section 11265.47 of the Welfare and Institutions
Code is amended to read:

11265.47.  

(a) The department shall establish an income
reporting threshold for CalWORKs assistance units described in
subdivision (a) of Section 11265.45.

(b) The income reporting threshold described in subdivision (a)
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 benefits.

(3) The amount likely to render the recipient ineligible for
CalWORKs benefits.

(c) A recipient described in subdivision (a) of Section 11265.45
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) Any change in household composition.

(3) The household address has changed.

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

(d) When a recipient described in subdivision (a) of Section
11265.45 reports income or a household composition change
pursuant to subdivision (c), the county shall redetermine eligibility
and grant amounts as follows:

(1) If the recipient reports an increase in income or household
composition change for the first through 11th months of a year,
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 or household composition change,
the county shall discontinue the recipient with timely and adequate
notice, effective at the end of the month in which the change
occurred.

(B) If it is determined that the recipient’s grant amount should
decrease based on the increase in income, or increase or decrease
based on a change in household composition, the county shall
increase or reduce the recipient’s grant amount for the remainder
of the year with timely and adequate notice, effective the first of
the month following the month in which the change occurred.

(2) If the recipient reports an increase in income for the 12th
month of a grant year, the county shall verify this report and
consider this income in redetermining eligibility and the grant
amount for the following year.

(e) During the year, a recipient described in subdivision (a) of
Section 11265.45 may report to the county, orally or in writing,
any changes in income that may increase the recipient’s grant.
Increases in the grant that result from reported changes in income
shall be effective for the entire month in which the change is
reported and any remaining months in the year. 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.

(f) During the year, a recipient described in subdivision (a) of
Section 11265.45 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 is verbal,
the county shall provide a 10-day notice before discontinuing
benefits. If the recipient’s request is in writing, the county shall
discontinue benefits effective the end of the month in which the
request is made, and simultaneously shall issue a notice informing
the recipient of the discontinuance.

(g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.

SEC. 19.  

Section 11330.5 of the Welfare and Institutions Code
is amended to read:

11330.5.  

(a)  The department shall award funds in accordance
with subdivision (e) to counties for the purpose of providing
CalWORKs housing supports to CalWORKs recipients who are
experiencing homelessness or housing instability that would be a
barrier to self-sufficiency or child well-being.

(b) Notwithstanding subdivision (a), this section does not create
an entitlement to housing supports, which are intended to be a
service to CalWORKs families and not a form of assistance, to be
provided to families at the discretion of the county.

(c) It is the intent of the Legislature that housing supports
provided pursuant to this article utilize evidence-based models,
including those established in the federal Department of Housing
and Urban Development’s Homeless Prevention and Rapid
Re-Housing Program. Supports provided may include, but shall
not be limited to, all of the following:

(1) Financial assistance, including rental assistance, security
deposits, utility payments, moving cost assistance, and motel and
hotel vouchers.

(2) Housing stabilization and relocation, including outreach and
engagement, landlord recruitment, case management, housing
search and placement, legal services, and credit repair.

(d) The asset limit threshold specified in subdivision (f) of
Section 11450 shall not be used to determine a family’s eligibility
for receipt of housing supports provided pursuant to this article.

(e) Funds appropriated for purposes of this article shall be
awarded to participating counties by the State Department of Social
Services according to criteria developed by the department in
consultation with the County Welfare Directors Association and
Housing California.

(f) The department, in consultation with the County Welfare
Directors Association and Housing California and other
stakeholders, shall develop each of the following:

(1) The criteria by which counties may be awarded funds to
provide housing supports to eligible CalWORKs recipients
pursuant to this article.

(2) The proportion of funding to be expended on reasonable
and appropriate administrative activities to minimize overhead
and maximize services.

(3) Tracking and reporting procedures.

(g) The department, in consultation with appropriate legislative
staff and the County Welfare Directors Association, shall
determine, in a manner that reflects the legislative intent for the
use of these funds and that is most beneficial to the overall
CalWORKs program, whether housing supports provided with
this funding are considered to be assistance or nonassistance
payments.

(h) Counties may continue to provide housing supports under
this section to a recipient who is discontinued because he or she
no longer meets the income eligibility requirements of Section
11450.12.

SEC. 20.  

Section 11461.3 of the Welfare and Institutions Code
is amended to read:

11461.3.  

(a) The Approved Relative Caregiver Funding Option
Program is hereby established for the purpose of making the
amount paid to approved relative caregivers for the in-home care
of children placed with them who are ineligible for AFDC-FC
payments equal to the amount paid on behalf of children who are
eligible for AFDC-FC payments. This is an optional program for
counties choosing to participate, and in so doing, participating
counties agree to the terms of this section as a condition of their
participation. It is the intent of the Legislature that the funding
described in paragraph (1) of subdivision (g) for the Approved
Relative Caregiver Funding Option Program be appropriated, and
available for use from January through December of each year,
unless otherwise specified.

(b) Subject to subdivision (e), effective January 1, 2015,
participating counties shall pay an approved relative caregiver a
per child per month rate in return for the care and supervision, as
defined in subdivision (b) of Section 11460, of a child that is placed
with the relative caregiver that is equal to the basic rate paid to
foster care providers pursuant to subdivision (g) of Section 11461,
if both of the following conditions are met:

(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.

(2) The related child placed in the home meets all of the
following requirements:

(A) The child resides in California.

(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of
the child.

(C) The child is not eligible for AFDC-FC while placed with
the approved relative caregiver because the child is not eligible
for federal financial participation in the AFDC-FC payment.

(c) Any income or benefits received by an eligible child or the
approved relative caregiver on behalf of the eligible child that
would be offset against the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461, shall be offset from
any funds that are not CalWORKs funds paid to the approved
relative caregiver pursuant to this section.

(d) Participating counties shall recoup an overpayment in the
Approved Relative Caregiver Funding Option Program received
by an approved relative caregiver using the standards and processes
for overpayment recoupment that are applicable to overpayments
to an approved home of a relative, as specified in Section 11466.24.
Recouped overpayments shall not be subject to remittance to the
federal government. Any overpaid funds that are collected by the
participating counties shall be remitted to the state after subtracting
both of the following:

(1) An amount not to exceed the county share of the CalWORKs
portion of the Approved Relative Caregiver Funding Option
Program payment, if any.

(2) Any other county funds that were included in the Approved
Relative Caregiver Funding Option Program payment.

(e) A county’s election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate
that the county understands and agrees to all of the following
conditions:

(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make
timely notification, without good cause as determined by the
department, shall preclude the county from participating in the
program for the upcoming calendar year. Annually thereafter, any
county not already participating who elects to do so shall notify
the department in writing no later than October 1 of its decision
to participate for the upcoming calendar year.

(2) The county shall confirm that it will make per child per
month payments to all approved relative caregivers on behalf of
eligible children in the amount specified in subdivision (b) for the
duration of the participation of the county in this program.

(3) The county shall confirm that it will be solely responsible
to pay any additional costs needed to make all payments pursuant
to subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant
to paragraph (1) of subdivision(g) are insufficient to make all
eligible payments.

(f) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days’
prior written notice of that decision to the department. Additionally,
the county shall provide at least 90 days’ prior written notice to
the approved relative caregiver or caregivers informing them that
his or her per child per month payment will be reduced and the
date that the reduction will occur.

(2) The department shall presume that all counties have opted
out of the Approved Relative Caregiver Funding Option Program
if the funding appropriated for the current 12-month period is
reduced below the amount specified in subparagraph (B),
subparagraph (C), or subparagraph (D) of paragraph(2) of
subdivision (g) for that 12-month period, unless a county notifies
the department in writing of its intent to opt in within 60 days of
enactment of the State Budget. The counties shall provide at least
90 days’ prior written notice to the approved relative caregiver or
caregivers informing them that his or her per child per month
payment will be reduced, and the date that reduction will occur.

(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from
a decision by a county, including the presumed opt-out pursuant
to paragraph (2), to not participate in the Approved Relative
Caregiver Funding Option Program shall be exempt from state
hearing jurisdiction under Section 10950.

(g) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:

(A) The applicable regional per-child CalWORKs grant, in
accordance with subdivision (a) of Section 11253.4.

(B) General Fund resources, as appropriated in paragraph (2).

(C) County funds only to the extent required under paragraph
(3) of subdivision (e).

(D) Funding described in subparagraphs (A) and (B) is intended
to fully fund the base caseload of approved relative caregivers,
which is defined as the number of approved relative caregivers
caring for a child who is not eligible to receive AFDC-FC
payments, as of July 1, 2014.

(2) The following amount is hereby appropriated from the
General Fund as follows:

(A) The sum of fifteen million dollars ($15,000,000), for the
period of January 1, 2015, to June 30, 2015, inclusive.

(B) For the period of July 1, 2015 to June 30, 2016, inclusive,
there shall be appropriated an amount equal to the sum of all of
the following:

(i) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).

(ii) The amount necessary to increase or decrease the
CalWORKs funding associated with the base caseload described
in subparagraph (D) of paragraph (1) to reflect any change from
the prior fiscal year in the applicable regional per-child CalWORKs
grant described in subparagraph (A) of paragraph (1).

(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic
rate paid to foster care providers.

(C) For every 12-month period thereafter, commencing with
the period of July 1, 2016 to June 30, 2017, inclusive, the sum of
all of the following shall be appropriated for purposes of this
section:

(i) The total General Fund amount provided pursuant to this
paragraph for the previous 12-month period.

(ii) The amount necessary to increase or decrease the
CalWORKs funding associated with the base caseload described
in subparagraph (D) of paragraph (1) to reflect any change from
the prior fiscal year in the applicable regional per-child CalWORKs
grant described in subparagraph (A) of paragraph (1).

(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic
rate paid to foster care providers.

(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
and clauses (ii) and (iii) of subparagraph (C), the total General
Fund appropriation made pursuant to subparagraph (B) shall not
be less than the greater of the following amounts:

(i) Thirty million dollars ($30,000,000).

(ii) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).

(3) To the extent that the appropriation made by subparagraph
(A) of paragraph (2) is insufficient to fully fund the base caseload
of approved relative caregivers as of July 1, 2014, as described in
subparagraph (D) of paragraph (1), for the period of January 1,
2015 to June 30, 2015, inclusive, as jointly determined by the
department and the County Welfare Directors’ Association and
approved by the Department of Finance on or before October 1,
2015, the amount specified in subparagraph (A) of paragraph (2)
shall be increased by the amount necessary to fully fund that base
caseload.

(4) Funds available pursuant to paragraph(2) shall be allocated
to participating counties proportionate to the number of their
approved relative caregiver placements, using a methodology and
timing developed by the department, following consultation with
county human services agencies and their representatives.

(5) Notwithstanding subdivision (e), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by participating counties, a participating
county that has paid any funds pursuant to subparagraph (C) of
paragraph (1) of subdivision(g) may request reimbursement for
those funds from the department. The authority of the department
to approve the requests shall be limited by the amount of available
unallocated funds.

(h) An approved relative caregiver receiving payments on behalf
of a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.

(i) To the extent permitted by federal law, payments received
by the approved relative caregiver from the Approved Relative
Caregiver Funding Option Program shall not be considered income
for the purpose of determining other public benefits.

(j) Prior to referral of any individual or recipient, or that person’s
case, to the local child support agency for child support services
pursuant to Section 17415 of the Family Code, the county human
services agency shall determine if an applicant or recipient has
good cause for noncooperation, as set forth in Section 11477.04.
If the applicant or recipient claims good cause exception at any
subsequent time to the county human services agency or the local
child support agency, the local child support agency shall suspend
child support services until the county social services agency
determines the good cause claim, as set forth in Section 11477.04.
If good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take other measures that are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid
is sought and the parent is found to have not cooperated without
good cause as provided in Section 11477.04, the applicant’s or
recipient’s family grant shall be reduced by 25 percent for the time
the failure to cooperate lasts.

(k) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is
in the best interest of the child, taking into account both of the
following:

(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s ability to meet the requirements of
the parent’s reunification plan.

(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s current or future ability to meet the
financial needs of the child.

SEC. 21.  

Section 11477 of the Welfare and Institutions Code
is amended to read:

11477.  

As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:

(a) (1) Do either of the following:

(i) For applications received before October 1, 2009, assign to
the county any rights to support from any other person the applicant
or recipient may have on his or her own behalf or on behalf of any
other family member for whom the applicant or recipient is
applying for or receiving aid, not exceeding the total amount of
cash assistance provided to the family under this chapter. Receipt
of public assistance under this chapter shall operate as an
assignment by operation of law. An assignment of support rights
to the county shall also constitute an assignment to the state. If
support rights are assigned pursuant to this subdivision, the
assignee may become an assignee of record by the local child
support agency or other public official filing with the court clerk
an affidavit showing that an assignment has been made or that
there has been an assignment by operation of law. This procedure
does not limit any other means by which the assignee may become
an assignee of record.

(ii) For applications received on or after October 1, 2009, assign
to the county any rights to support from any other person the
applicant or recipient may have on his or her own behalf, or on
behalf of any other family member for whom the applicant or
recipient is applying for or receiving aid. The assignment shall
apply only to support that accrues during the period of time that
the applicant is receiving assistance under this chapter, and shall
not exceed the total amount of cash assistance provided to the
family under this chapter. Receipt of public assistance under this
chapter shall operate as an assignment by operation of law. An
assignment of support rights to the county shall also constitute an
assignment to the state. If support rights are assigned pursuant to
this subdivision, the assignee may become an assignee of record
by the local child support agency or other public official filing
with the court clerk an affidavit showing that an assignment has
been made or that there has been an assignment by operation of
law. This procedure does not limit any other means by which the
assignee may become an assignee of record.

(2) Support that has been assigned pursuant to paragraph (1)
and that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid
has been reimbursed.

(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance
child support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under
this chapter that are assigned pursuant to this subdivision shall be
assigned as follows:

(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.

(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes
first.

(C) On or after October 1, 2000, support assigned pursuant to
this subdivision that was not otherwise permanently assigned shall
be temporarily assigned to the county until aid is no longer
received.

(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.

(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:

(A) Child support assigned pursuant to this subdivision prior
to October 1, 1998, shall be assigned until aid under this chapter
is no longer received and the entire amount has been reimbursed.

(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned shall
be temporarily assigned until aid under this chapter is no longer
received.

(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.

(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom
aid is claimed, and in establishing, modifying, or enforcing a
support order with respect to a child of the individual for whom
aid is requested or obtained, unless the applicant or recipient
qualifies for a good cause exception pursuant to Section 11477.04.
The granting of aid shall not be delayed or denied if the applicant
is otherwise eligible, if the applicant completes the necessary forms
and agrees to cooperate with the local child support agency in
securing support and determining paternity, if applicable. The local
child support agency shall have staff available, in person or by
telephone, at all county welfare offices and shall conduct an
interview with each applicant to obtain information necessary to
establish paternity and establish, modify, or enforce a support order
at the time of the initial interview with the welfare office. The local
child support agency shall make the determination of cooperation.
If the applicant or recipient attests under penalty of perjury that
he or she cannot provide the information required by this
subdivision, the local child support agency shall make a finding
regarding whether the individual could reasonably be expected to
provide the information before the local child support agency
determines whether the individual is cooperating. In making the
finding, the local child support agency shall consider all of the
following:

(A) The age of the child for whom support is sought.

(B) The circumstances surrounding the conception of the child.

(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.

(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.

(2) Cooperation includes all of the following:

(A) Providing the name of the alleged parent or obligor and
other information about that person if known to the applicant or
recipient, such as address, social security number, telephone
number, place of employment or school, and the names and
addresses of relatives or associates.

(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.

(C) If paternity is at issue, submitting to genetic tests, including
genetic testing of the child, if necessary.

(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.

(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the
Family Code, as a condition of cooperation.

(c) (1) This section shall not apply if all of the adults are
excluded from the assistance unit pursuant to Section 11251.3,
11454, or 11486.5, or if all eligible adults have been subject to
Section 11327.5 for at least 12 consecutive months.

(2) It is the intent of the Legislature that the regular receipt of
child support in the preceding reporting period be considered in
determining reasonably anticipated income for the following
reporting period.

(3) In accordance with Sections 11265.2 and 11265.46, if the
income of an assistance unit described in paragraph (1) includes
reasonably anticipated income derived from child support, the
amount established in Section 17504 of the Family Code and
Section 11475.3 of the Welfare and Institutions Code of any
amount of child support received each month shall not be
considered income or resources and shall not be deducted from
the amount of aid to which the assistance unit otherwise would be
eligible.

SEC. 22.  

The heading of Chapter 5.6 (commencing with
Section 13300) of Part 3 of Division 9 of the Welfare and
Institutions Code is amended to read:

 

Chapter  5.6. Services for Undocumented Persons

 

SEC. 23.  

Section 13302 of the Welfare and Institutions Code
is amended to read:

13302.  

Notwithstanding any other law:

(a) Contracts or grants awarded pursuant to this chapter shall
be exempt from the personal services contracting requirements of
Article 4 (commencing with Section 19130) of Chapter 5 of Part
2 of Division 5 of Title 2 of the Government Code.

(b) Contracts or grants awarded pursuant to this chapter shall
be exempt from the Public Contract Code and the State Contracting
Manual, and shall not be subject to the approval of the Department
of General Services.

(c) The client information and records of legal services provided
pursuant to this chapter shall be subject to the requirements of
Section 10850 and shall be exempt from inspection under the
California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Part 1 of the Government Code).

(d) The state shall be immune from any liability resulting from
the implementation of this chapter.

(e) 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, interpret, or make specific
this begin delete subdivision end delete begin insert chapter end insert without taking any regulatory action.

SEC. 24.  

Section 13303 is added to the Welfare and Institutions
Code, to read:

13303.  

(a) Subject to the availability of funding in the act that
added this section or the annual Budget Act, the department shall
provide grants, as described in subdivision (b), to organizations
qualified under Section 13304.

(b) Grants provided in accordance with subdivision (a) shall be
for the purpose of providing one or more of the following services,
as determined by the department:

(1) Services to persons living in California, including all of the
following:

(A) Services to assist with the application process for initial or
renewal requests of deferred action under the DACA policy with
the United States Citizenship and Immigration Services.

(B) Services to assist with the application process for initial or
renewal requests of deferred action under the DAPA policy with
the United States Citizenship and Immigration Services, as
federally established.

(C) Services to help obtain other immigration remedies for
people receiving DACA or DAPA application assistance.

(D) Services to assist with the application process for
naturalization and any appeals arising from the process.

(2) Services to provide legal training and technical assistance
to other organizations qualified under Section 13304.

(c) For purposes of this chapter, the following terms shall have
the following meanings:

(1) “DACA” refers to Deferred Action for Childhood Arrivals
status as described in guidelines issued by the United States
Department of Homeland Security.

(2) “DAPA” refers to Deferred Action for Parents of Americans
and Lawful Permanent Residents or Deferred Action for Parental
Accountability status as described in guidelines issued by the
United States Department of Homeland Security.

(3) “Services to assist” includes, but is not limited to, outreach,
workshop presentations, document review, Freedom of Information
Act requests, and screening services that seek to assist individuals
with DACA, DAPA, naturalization, or other immigration remedies.

(4) “Legal training and technical assistance” includes, but is not
limited to, webinars, in-person trainings, and technical assistance
in the form of answering questions via email, fax, or phone from
organizations qualified under Section 13304 and their staff and
volunteers that assist individuals with DACA, DAPA,
naturalization, or other immigration remedies.

(d) No more than 40 percent of grant funds awarded to an
organization qualified under Section 13304 shall be advanced to
that organization.

(e) The department shall update the Legislature on the following
information in the course of budget hearings:

(1) The timeline for implementation of this section.

(2) The participating organizations awarded contracts or grants.

(3) The number of applications submitted.

(4) The number of clients served.

(5) The types of services provided and in what language or
languages.

(6) The regions served.

(7) The ethnic communities served.

(8) The identification of further barriers and challenges to
education, outreach, immigration assistance, and legal services
related to naturalization and deferred action.

(f) This section shall become operative on January 1, 2016.

SEC. 25.  

Section 13304 is added to the Welfare and Institutions
Code, to read:

13304.  

(a) Grants awarded pursuant to Section 13303 shall
fulfill all of the following:

(1) Be executed only with nonprofit organizations that meet the
requirements set forth in Section 501(c)(3) or 501(c)(5) of the
Internal Revenue Code and that meet all of the following
requirements:

(A) Except as provided in subparagraph (D), have at least three
years of experience handling immigration cases.

(B) Have conducted trainings on immigration issues for persons
beyond their staff.

(C) Are accredited by the Board of Immigration Appeals under
the United States Department of Justice’s Executive Office for
Immigration Review or meet the requirements to receive funding
from the Trust Fund Program administered by the State Bar of
California.

(D) For a legal services organization that provides legal training
and technical assistance as defined in subdivision (c) of Section
13303, have at least 10 years of experience conducting immigration
legal services and technical assistance and meet the requirements
to receive funding from the Trust Fund Program administered by
the State Bar of California.

(2) Require reporting, monitoring, or audits of services provided,
as determined by the department.

(3) Require grant recipients to maintain adequate legal
malpractice insurance and to indemnify and hold the state harmless
from any claims that arise from the legal services provided pursuant
to this chapter.

(b) This section shall become operative on January 1, 2016.

SEC. 26.  

Section 13305 is added to the Welfare and Institutions
Code, to read:

13305.  

(a) Subject to the availability of funding in the act that
added this section or the annual Budget Act, the department shall
provide grants to organizations qualified under Section 13306 to
provide free education and outreach information, services, and
materials about DACA, DAPA, naturalization, or other immigration
remedies.

(b) For purposes of this section, “education and outreach”
activities means the dissemination of information or activities that
promote the benefits of citizenship or deferred action and explain
eligibility to prospective United States citizens or prospective
individuals eligible for deferred action.

(1) Education and outreach activities shall include referrals to
educational or legal services that support the applicants’ eligibility
for citizenship or deferred action and the importance of
participating in civic engagement as a naturalized citizen.

(2) Education and outreach activities do not include
representation as legal counsel that would assist in the application
process for a prospective citizen or prospective individual eligible
for deferred action.

(c) No more than 40 percent of grant funds awarded to an
organization qualified under Section 13306 shall be advanced to
that organization.

(d) The department shall update the Legislature on the following
information in the course of budget hearings:

(1) The timeline for implementation of this section.

(2) The participating organizations awarded contracts or grants.

(3) The number of applications submitted.

(4) The number of clients served.

(5) The types of services provided and in what language or
languages.

(6) The regions served.

(7) The ethnic communities served.

(8) The identification of further barriers and challenges to
education, outreach, immigration assistance, and legal services
related to naturalization and deferred action.

(e) This section shall become operative on January 1, 2016.

SEC. 27.  

Section 13306 is added to the Welfare and Institutions
Code, to read:

13306.  

(a) Grants awarded pursuant to Section 13305 shall be
provided only to nonprofit organizations that meet the requirements
set forth in Section 501(c)(3) or 501(c)(5) of the Internal Revenue
Code and have at least three years of experience with both of the
following:

(1) Conducting education and outreach with immigrant
populations.

(2) Conducting outreach for government benefits and programs.

(b) This section shall become operative on January 1, 2016.

SEC. 28.  

Section 14124.93 of the Welfare and Institutions
Code is amended to read:

14124.93.  

(a) The Department of Child Support Services shall
provide payments to the local child support agency of fifty dollars
($50) per case for obtaining third-party health coverage or
insurance of beneficiaries, to the extent that funds are appropriated
in the annual Budget Act.

(b) A county shall be eligible for a payment if the county obtains
third-party health coverage or insurance for applicants or recipients
of Title IV-D services not previously covered, or for whom
coverage has lapsed, and the county provides all required
information on a form approved by both the Department of Child
Support Services and the State Department of Health Care Services.

(c) Payments to the local child support agency under this section
shall be suspended for the 2003-04, 2004-05, 2005-06, 2006-07,
2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13,
2013-14, 2014-15, 2015-16, and 2016-17 fiscal years.

SEC. 29.  

Section 15753 is added to the Welfare and Institutions
Code, to read:

15753.  

The department shall, to the extent funding for this
purpose remains with the department, establish one full-time
position that reports to the director to assist counties with the
following functions in their operation of the adult protective
services system:

(a) Facilitating the review and update of state policies and
procedures to promote best casework practices throughout the
state, and providing technical assistance to local programs to
promote consistent statewide adherence to these policies.

(b) Developing recommended program goals, performance
measures, and outcomes for the adult protective services system,
and a strategic plan to accomplish these recommended goals,
performance measures, and outcomes.

(c) Collaborating with other state departments and local
communities that provide or oversee elder justice services to
address the needs of elders and adults with disabilities and improve
coordination and effectiveness of adult protective services.

(d) Exploring the development of a state data collection system
that builds on existing statewide data and additionally tracks
outcomes that will align with national data collection efforts.

(e) Participating in national, statewide, and regional discussions
on adult protective services and elder justice issues and providing
information on California’s adult protective services programs.

(f) Participating in the development of federal and state policy
that responds to new and emergent needs and develops suggested
quality assurance measures to be implemented at the local level.

(g) Facilitating the development of a regionally based, ongoing,
comprehensive and consistent statewide adult protective services
training program that responds to new and emerging trends.

(h) In collaboration with experts in the field, developing
guidelines for local adult protective services programs that will
make recommendations for local practice in following areas:

(1) Caseload levels for adult protective services workers.

(2) Availability of tangible services for local programs.

(3) Educational and professional development of adult protective
services workers.

(4) Structure for 24 hour adult protective services response.

SEC. 30.  

Section 17600 of the Welfare and Institutions Code
is amended to read:

17600.  

(a) There is hereby created the Local Revenue Fund,
which shall consist of the following accounts:

(1) The Sales Tax Account.

(2) The Vehicle License Fee Account.

(3) The Vehicle License Collection Account.

(4) The Sales Tax Growth Account.

(5) The Vehicle License Fee Growth Account.

(b) The Sales Tax Account shall have all of the following
subaccounts:

(1) The Mental Health Subaccount.

(2) The Social Services Subaccount.

(3) The Health Subaccount.

(4) The CalWORKs Maintenance of Effort Subaccount.

(5) The Family Support Subaccount.

(6) The Child Poverty and Family Supplemental Support
Subaccount.

(c) The Sales Tax Growth Account shall have all of the
following subaccounts:

(1) The Caseload Subaccount.

(2) The County Medical Services Program Subaccount.

(3) The General Growth Subaccount.

(d) Notwithstanding Section 13340 of the Government Code,
the Local Revenue Fund is hereby continuously appropriated,
without regard to fiscal years, for the purpose of this chapter.

(e) Moneys in the Local Revenue Fund shall be invested in the
Surplus Money Investment Fund and all interest earned shall be
distributed in January and July among the accounts and
subaccounts in proportion to the amounts deposited into each
subaccount.

(f) This section shall become inoperative on August 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016,
deletes or extends the dates on which it becomes inoperative and
is repealed.

SEC. 31.  

Section 17600 is added to the Welfare and Institutions
Code, to read:

17600.  

(a) There is hereby created the Local Revenue Fund,
which shall consist of the following accounts:

(1) The Sales Tax Account.

(2) The Vehicle License Fee Account.

(3) The Vehicle License Collection Account.

(4) The Sales Tax Growth Account.

(5) The Vehicle License Fee Growth Account.

(b) The Sales Tax Account shall have all of the following
subaccounts:

(1) The Mental Health Subaccount.

(2) The Social Services Subaccount.

(3) The Health Subaccount.

(4) The CalWORKs Maintenance of Effort Subaccount.

(5) The Family Support Subaccount.

(6) The Child Poverty and Family Supplemental Support
Subaccount.

(7) The County Medical Services Program Subaccount.

(c) The Vehicle License Fee Account shall have all of the
following subaccounts:

(1) The Mental Health Subaccount.

(2) The Social Services Subaccount.

(3) The Health Subaccount.

(4) The CalWORKs Maintenance of Effort Subaccount.

(5) The Family Support Subaccount.

(6) The Child Poverty and Family Supplemental Support
Subaccount.

(7) The County Medical Services Program Subaccount.

(d) The Sales Tax Growth Account shall have all of the
following subaccounts:

(1) The Caseload Subaccount.

(2) The County Medical Services Program Growth Subaccount.

(3) The General Growth Subaccount.

(e) The Vehicle License Fee Growth Account shall have all of
the following subaccounts:

(1) The County Medical Services Program Growth Subaccount.

(2) The General Growth Subaccount.

(f) Notwithstanding Section 13340 of the Government Code,
the Local Revenue Fund is hereby continuously appropriated,
without regard to fiscal years, for the purpose of this chapter.

(g) Moneys in the Local Revenue Fund shall be invested in the
Surplus Money Investment Fund and all interest earned shall be
distributed in January and July among the accounts and
subaccounts in proportion to the amounts deposited into each
subaccount.

(h) This section shall be operative on August 1, 2015.

SEC. 32.  

Section 17600.10 of the Welfare and Institutions
Code is amended to read:

17600.10.  

(a) Each county and city and county receiving sales
tax and vehicle license fee funds in accordance with this chapter
shall establish and maintain a local health and welfare trust fund
comprised of the following accounts:

(1) The mental health account.

(2) The social services account.

(3) The health account.

(4) The CalWORKs Maintenance of Effort Subaccount.

(5) The family support account.

(b) Each city receiving funds in accordance with this chapter
shall establish and maintain a local health and welfare trust fund
comprised of a health account and a mental health account.

SEC. 33.  

Section 17600.15 of the Welfare and Institutions
Code is amended to read:

17600.15.  

(a) Of the sales tax proceeds from revenues collected
in the 1991-92 fiscal year which are deposited to the credit of the
Local Revenue Fund, 51.91 percent shall be credited to the Mental
Health Subaccount, 36.17 percent shall be credited to the Social
Services Subaccount, and 11.92 percent shall be credited to the
Health Subaccount of the Sales Tax Account.

(b) For the 1992-93 fiscal year to the 2011-12 fiscal year,
inclusive, of the sales tax proceeds from revenues deposited to the
credit of the Local Revenue Fund, the Controller shall make
monthly deposits to the Mental Health Subaccount, the Social
Services Subaccount, and the Health Subaccount of the Sales Tax
Account until the deposits equal the amounts that were allocated
to counties’, cities’, and cities and counties’ mental health accounts,
social services accounts, and health accounts, respectively, of the
local health and welfare trust funds in the prior fiscal year pursuant
to this chapter from the Sales Tax Account and the Sales Tax
Growth Account. Any excess sales tax revenues received pursuant
to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code
shall be deposited in the Sales Tax Growth Account of the Local
Revenue Fund.

(c) (1) For the 2012-13 fiscal year, of the sales tax proceeds
from revenues deposited to the credit of the Local Revenue Fund,
the Controller shall make monthly deposits to the Social Services
Subaccount and the Health Subaccount of the Sales Tax Account
until the deposits equal the amounts that were allocated to
counties’, cities’, and cities and counties’ social services accounts
and health accounts, respectively, of the local health and welfare
trust funds in the prior fiscal year pursuant to this chapter from the
Sales Tax Account and the Sales Tax Growth Account.

(2) For the 2012-13 fiscal year, of the sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make monthly deposits to the Mental Health
Subaccount of the Sales Tax Account until the deposits equal the
amounts that were allocated to counties’, cities’, and cities and
counties’ CalWORKs Maintenance of Effort Subaccounts pursuant
to subdivision (a) of Section 17601.25, and any additional amounts
above the amount specified in subdivision (a) of Section 17601.25,
of the local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Account and the Sales
Tax Growth Account. The Controller shall not include in this
calculation any funding deposited in the Mental Health Subaccount
from the Support Services Growth Subaccount pursuant to Section
30027.9 of the Government Code or funds described in subdivision
(c) of Section 17601.25.

(3) Any excess sales tax revenues received pursuant to Sections
6051.2 and 6201.2 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) and (2) are made shall be
deposited in the Sales Tax Growth Account of the Local Revenue
Fund.

(d) (1) For the 2013-14 fiscal year, of the sales tax proceeds
from revenues deposited to the credit of the Local Revenue Fund,
the Controller shall make monthly deposits pursuant to a schedule
provided by the Department of Finance, which shall provide
deposits to the Social Services Subaccount and the Health
Subaccount of the Sales Tax Account until the deposits equal the
amounts that were allocated to counties’, cities’, and cities and
counties’ social services accounts and health accounts, respectively,
of the local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Account and the Sales
Tax Growth Account.

(2) For the 2013-14 fiscal year, of the sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make monthly deposits to the Mental Health
Subaccount of the Sales Tax Account until the deposits equal the
amounts that were allocated to counties’, cities’, and cities and
counties’ CalWORKs Maintenance of Effort Subaccounts pursuant
to subdivision (a) of Section 17601.25, and any additional amounts
above the amount specified in subdivision (a) of Section 17601.25,
of the local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Account and the Sales
Tax Growth Account. The Controller shall not include in this
calculation any funding deposited in the Mental Health Subaccount
from the Support Services Growth Subaccount pursuant to Section
30027.9 of the Government Code or funds described in subdivision
(c) of Section 17601.25.

(3) Any excess sales tax revenues received pursuant to Sections
6051.2 and 6201.2 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) and (2) are made shall be
deposited in the Sales Tax Growth Account of the Local Revenue
Fund.

(4) On a monthly basis, pursuant to a schedule provided by the
Department of Finance, the Controller shall transfer funds from
the Social Services Subaccount to the Health Subaccount in an
amount that shall not exceed three hundred million dollars
($300,000,000) for the 2013-14 fiscal year. The funds so
transferred shall not be used in calculating future year deposits to
the Social Services Subaccount or the Health Subaccount.

(e) For the 2014-15 fiscal year and fiscal years thereafter, except
as specified in paragraph (5), of the sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make the following monthly deposits:

(1) To the Social Services Subaccount of the Sales Tax Account,
until the deposits equal the total amount that was deposited to the
Social Services Subaccount in the prior fiscal year pursuant to this
section, in addition to the amounts that were allocated to the social
services accounts of the local health and welfare trust funds in the
prior fiscal year pursuant to this chapter from the Sales Tax Growth
Account.

(2) To the Health Subaccount of the Sales Tax Account, until
the deposits equal the total amount that was deposited to the Health
Subaccount in the prior year from the Sales Tax Account in
addition to the amounts that were allocated to the health accounts
of the local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Growth Account.

(3) To the Child Poverty and Family Supplemental Support
Subaccount until the deposits equal the amounts that were
deposited in the prior fiscal year from the Sales Tax Account and
the Sales Tax Growth Account.

(4) To the Mental Health Subaccount of the Sales Tax Account
until the deposits equal the amounts that were allocated to
counties’, cities’, and cities and counties’ CalWORKs Maintenance
of Effort Subaccounts pursuant to subdivision (a) of Section
17601.25, and any additional amounts above the amount specified
in subdivision (a) of Section 17601.25 of the local health and
welfare trust funds in the prior fiscal year pursuant to this chapter
from the Sales Tax Account and the Sales Tax Growth Account.
The Controller shall not include in this calculation any funding
deposited in the Mental Health Subaccount from the Support
Services Growth Subaccount pursuant to Section 30027.9 of the
Government Code or funds described in subdivision (c) of Section
17601.25.

(5) (A) Any excess sales tax revenues received pursuant to
Sections 6051.2 and 6201.2 of the Revenue and Taxation Code
after the allocations required by paragraphs (1) to (4), inclusive,
are made shall be deposited in the Sales Tax Growth Account of
the Local Revenue Fund. This subparagraph shall only apply to
allocations made for the 2014-15 fiscal year.

(B) For the 2015-16 fiscal year and for every fiscal year
thereafter, any excess sales tax revenues received pursuant to
Sections 6051.2 and 6201.2 of the Revenue and Taxation Code
after the allocations required by paragraphs (1) to (4), inclusive,
and subdivision (f) are made shall be deposited in the Sales Tax
Growth Account of the Local Revenue Fund.

(6) For the 2014-15 fiscal year, on a monthly basis, pursuant
to a schedule provided by the Department of Finance, the
Controller shall transfer funds from the Social Services Subaccount
to the Health Subaccount in an amount that shall not exceed one
billion dollars ($1,000,000,000). The transfer schedule shall be
based on the amounts that each county is receiving in vehicle
license fees pursuant to this chapter. The funds so transferred shall
not be used in calculating future year deposits to the Social Services
Subaccount or the Health Subaccount.

(f) (1) For the 2015-16 fiscal year, the allocations to the County
Medical Services Program Subaccount shall equal the amounts
received in the prior fiscal year by the County Medical Services
Program from the Sales Tax Account and the County Medical
Services Program Subaccount of the Sales Tax Growth Account
of the Local Revenue Fund, as adjusted by the calculations required
under subdivision (a) of Section 17600.50.

(2) For the 2016-17 fiscal year and for every fiscal year
thereafter, the allocations to the County Medical Services Program
Subaccount shall equal the amounts received in the prior fiscal
year by the County Medical Services Program Subaccount of the
Sales Tax Account and the County Medical Services Program
Growth Subaccount of the Sales Tax Growth Account of the Local
Revenue Fund, as adjusted by the calculations required under
subdivision (a) of Section 17600.50.

SEC. 34.  

Section 17601.25 of the Welfare and Institutions
Code is amended to read:

17601.25.  

(a) Notwithstanding any other law, beginning in
the 2012-13 fiscal year, except for funds deposited in the Mental
Health Subaccount from the Support Services Growth Subaccount
pursuant to Section 30027.9 of the Government Code and the funds
described in subdivision (c), any funds under this chapter or any
other provision of Chapter 89 of the Statutes of 1991 that would
otherwise have been deposited into each county’s or city and
county’s mental health account subsequent to July 15 shall instead
be deposited in the CalWORKs Maintenance of Effort Subaccount.
However, in each fiscal year, the amount deposited in the
CalWORKs Maintenance of Effort Subaccount shall not exceed
one billion one hundred twenty million five hundred fifty-one
thousand dollars ($1,120,551,000).

(b) All of the funds deposited in the CalWORKs Maintenance
of Effort Subaccount pursuant to subdivision (a) shall be allocated
by the Controller to counties or a city and county based on
schedules developed by the Department of Finance in consultation
with the California State Association of Counties. Each county or
city and county that receives an allocation shall use those funds
to pay an increased county contribution toward the costs of
CalWORKs grants. Each county’s total annual contribution
pursuant to this section shall equal the total amount of funds
deposited in the county’s CalWORKs Maintenance of Effort
Subaccount during that fiscal year. The CalWORKs Maintenance
of Effort Subaccount shall not be subject to the transferability
provisions of Section 17600.20 and shall not be factored into the
calculation of growth allocations pursuant to Article 7
(commencing with Section 17606.10). Each county’s contribution
pursuant to this section and Section 17601.75 shall be in addition
to the share of cost required pursuant to Section 15200.

(c) There shall be a monthly allocation of ninety-three million
three hundred seventy-nine thousand two hundred fifty-two dollars
($93,379,252) from the Mental Health Account in the Local
Revenue Fund 2011 to the Mental Health Subaccount pursuant to
subdivision (a) of Sections 30027.5, 30027.6, 30027.7, and 30027.8
of the Government Code.

SEC. 35.  

Section 17603.05 of the Welfare and Institutions
Code is amended to read:

17603.05.  

(a) Upon request of a county, the Controller may
deposit all or a portion of the county’s allocation under this article
into the County Medical Services Program Account of the County
Health Services Fund.

(b) Any deposit or transfer the Controller makes to the County
Medical Services Program Account shall be deemed to be a deposit
to the local health and welfare fund.

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 36.  

Section 17604 of the Welfare and Institutions Code
is amended to read:

17604.  

(a) All motor vehicle license fee revenues collected in
the 1991-92 fiscal year that are deposited to the credit of the Local
Revenue Fund shall be credited to the Vehicle License Fee Account
of that fund.

(b) (1) For the 1992-93 fiscal year through the 2014-15 fiscal
year, inclusive, from vehicle license fee proceeds from revenues
deposited to the credit of the Local Revenue Fund, the Controller
shall make monthly deposits to the Vehicle License Fee Account
of the Local Revenue Fund until the deposits equal the amounts
that were allocated to counties, cities, and cities and counties in
the prior fiscal year pursuant to this chapter from the Vehicle
License Fee Account in the Local Revenue Fund and the Vehicle
License Fee Account and the Vehicle License Fee Growth Account
in the Local Revenue Fund.

(2) Any excess vehicle fee revenues deposited into the Local
Revenue Fund pursuant to Section 11001.5 of the Revenue and
Taxation Code shall be deposited in the Vehicle License Fee
Growth Account of the Local Revenue Fund.

(3) The Controller shall calculate the difference between the
total amount of vehicle license fee proceeds deposited to the credit
of the Local Revenue Fund, pursuant to paragraph (1) of
subdivision (a) of Section 11001.5 of the Revenue and Taxation
Code, and deposited into the Vehicle License Fee Account for the
period of July 16, 2009, to July 15, 2010, inclusive, and the amount
deposited for the period of July 16, 2010, to July 15, 2011,
inclusive.

(4) Of vehicle license fee proceeds deposited to the Vehicle
License Fee Account after July 15, 2011, an amount equal to the
difference calculated in paragraph (3) shall be deemed to have
been deposited during the period of July 16, 2010, to July 15, 2011,
inclusive, and allocated to cities, counties, and a city and county
as if those proceeds had been received during the 2010-11 fiscal
year.

(c) (1) On or before the 27th day of each month, the Controller
shall allocate to each county, city, or city and county, the amounts
deposited and remaining unexpended and unreserved on the 15th
day of the month in the Vehicle License Fee Account of the Local
Revenue Fund, in accordance with paragraphs (2) and (3).

(2) For the 1991-92 fiscal year, allocations shall be made in
accordance with the following schedule:

 

Jurisdiction	Allocation Percentage
Alameda	4.5046
Alpine	0.0137
Amador	0.1512
Butte	0.8131
Calaveras	0.1367
Colusa	0.1195
Contra Costa	2.2386
Del Norte	0.1340
El Dorado	0.5228
Fresno	2.3531
Glenn	0.1391
Humboldt	0.8929
Imperial	0.8237
Inyo	0.1869
Kern	1.6362
Kings	0.4084
Lake	0.1752
Lassen	0.1525
Los Angeles	37.2606
Madera	0.3656
Marin	1.0785
Mariposa	0.0815
Mendocino	0.2586
Merced	0.4094
Modoc	0.0923
Mono	0.1342
Monterey	0.8975
Napa	0.4466
Nevada	0.2734
Orange	5.4304
Placer	0.2806
Plumas	0.1145
Riverside	2.7867
Sacramento	2.7497
San Benito	0.1701
San Bernardino	2.4709
San Diego	4.7771
San Francisco	7.1450
San Joaquin	1.0810
San Luis Obispo	0.4811
San Mateo	1.5937
Santa Barbara	0.9418
Santa Clara	3.6238
Santa Cruz	0.6714
Shasta	0.6732
Sierra	0.0340
Siskiyou	0.2246
Solano	0.9377
Sonoma	1.6687
Stanislaus	1.0509
Sutter	0.4460
Tehama	0.2986
Trinity	0.1388
Tulare	0.7485
Tuolumne	0.2357
Ventura	1.3658
Yolo	0.3522
Yuba	0.3076
Berkeley	0.0692
Long Beach	0.2918
Pasadena	0.1385

 

(3) For the 1992-93, 1993-94, and 1994-95 fiscal years and
fiscal years thereafter, allocations shall be made in the same
amounts as were distributed from the Vehicle License Fee Account
and the Vehicle License Fee Growth Account in the prior fiscal
year.

(4) For the 1995-96 fiscal year, allocations shall be made in the
same amounts as distributed in the 1994-95 fiscal year from the
Vehicle License Fee Account and the Vehicle License Fee Growth
Account after adjusting the allocation amounts by the amounts
specified for the following counties:

 

Alpine	$(11,296)
Amador	25,417
Calaveras	49,892
Del Norte	39,537
Glenn	(12,238)
Lassen	17,886
Mariposa	(6,950)
Modoc	(29,182)
Mono	(6,950)
San Benito	20,710
Sierra	(39,537)
Trinity	(48,009)

 

(5) (A) For the 1996-97 fiscal year and fiscal years thereafter,
allocations shall be made in the same amounts as were distributed
from the Vehicle License Fee Account and the Vehicle License
Fee Growth Account in the prior fiscal year.

(B) Initial proceeds deposited in the Vehicle License Fee
Account in the 2003-04 fiscal year in the amount that would
otherwise have been transferred pursuant to former Section 10754
of the Revenue and Taxation Code for the period June 20, 2003,
to July 15, 2003, inclusive, shall be deemed to have been deposited
during the period June 16, 2003, to July 15, 2003, inclusive, and
allocated to cities, counties, and a city and county during the
2002-03 fiscal year.

(d) The Controller shall make monthly allocations from the
amount deposited in the Vehicle License Collection Account of
the Local Revenue Fund to each county in accordance with a
schedule to be developed by the State Department of Health Care
Services in consultation with the County Behavioral Health
Directors Association of California, which is compatible with the
intent of the Legislature expressed in the act adding this
subdivision.

(e) For the 2013-14 and 2014-15 fiscal years, before making
the monthly allocations in accordance with paragraph (5) of
subdivision (c) and subdivision (d), and pursuant to a schedule
provided by the Department of Finance, the Controller shall adjust
the monthly distributions from the Vehicle License Fee Account
to reflect an equal exchange of sales and use tax funds from the
Social Services Subaccount to the Health Subaccount, as required
by subdivisions (d) and (e) of Section 17600.15, and of Vehicle
License Fee funds from the Health Account to the Social Services
Account. Adjustments made to the Vehicle License Fee
distributions pursuant to this subdivision shall not be used in
calculating future year allocations to the Vehicle License Fee
Account.

(f) For the 2015-16 fiscal year, of the vehicle license fee
proceeds from revenues deposited to the credit of the Local
Revenue Fund, the Controller shall make the following monthly
deposits:

(1) To the Social Services Subaccount of the Vehicle License
Fee Account, until the deposits equal the total amount that was
allocated to the social services accounts of the local health and
welfare trust funds in the prior fiscal year pursuant to this chapter
from the Vehicle License Fee Account.

(2) To the Health Subaccount of the Vehicle License Fee
Account, until the deposits equal the total amount that was
allocated to the health accounts of the local health and welfare
trust funds in the prior fiscal year pursuant to this chapter from the
Vehicle License Fee Account and the Vehicle License Fee Growth
Account.

(3) To the County Medical Services Program Subaccount of the
Vehicle License Fee Account, until the deposits equal the total
amount that was allocated to the County Medical Services Program
in the prior fiscal year pursuant to this chapter from the Vehicle
License Fee Account and the Vehicle License Fee Growth Account.

(4) To the Child Poverty and Family Supplemental Support
Subaccount until the deposits equal the amounts that were
deposited in the prior fiscal year from the Vehicle License Fee
Account and the Vehicle License Fee Growth Account.

(5) To the Mental Health Subaccount of the Vehicle License
Fee Account until the deposits equal the amounts that were
allocated to counties’, cities’, and cities and counties’ CalWORKs
Maintenance of Effort Subaccounts pursuant to subdivision (a) of
Section 17601.25, and any additional amounts above the amount
specified in subdivision (a) of Section 17601.25 of the local health
and welfare trust funds in the prior fiscal year pursuant to this
chapter from the Vehicle License Fee Account and the Vehicle
License Fee Growth Account. The Controller shall not include in
this calculation any funding deposited in the Mental Health
Subaccount from the Support Services Growth Subaccount
pursuant to Section 30027.9 of the Government Code or funds
described in subdivision (c) of Section 17601.25.

(6) Any excess vehicle license fee revenues received pursuant
to Section 11001.5 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) to (5), inclusive, are made
shall be deposited in the Vehicle License Fee Growth Account of
the Local Revenue Fund.

(g) For the 2016-17 fiscal year and fiscal years thereafter, of
the vehicle license fee proceeds from revenues deposited to the
credit of the Local Revenue Fund, the Controller shall make the
following monthly deposits:

(1) To the Social Services Subaccount until the deposits equal
the amount that was deposited to the Social Services Subaccount
in the prior fiscal year from the Vehicle License Fee Account.

(2) To the Health Subaccount until the deposits equal the total
amounts that were deposited to the Health Subaccount in the prior
fiscal year from the Vehicle License Fee Account and the Vehicle
License Fee Growth Account.

(3) To the County Medical Services Program Subaccount until
the deposits equal the total amounts that were deposited in the
prior fiscal year to the County Medical Services Program
Subaccount of the Vehicle License Fee Account and the County
Medical Services Program Growth Subaccount of the Vehicle
License Fee Growth Account.

(4) To the Child Poverty and Family Supplemental Support
Subaccount until the deposits equal the amounts that were
deposited to the Child Poverty and Family Supplemental Support
Subaccount in the prior fiscal year from the Vehicle License Fee
Account and the Vehicle License Fee Growth Account.

(5) To the Mental Health Subaccount of the Vehicle License
Fee Account until the deposits equal the amounts that were
allocated to counties’, cities’, and cities and counties’ CalWORKs
Maintenance of Effort Subaccounts pursuant to subdivision (a) of
Section 17601.25, and any additional amounts above the amount
specified in subdivision (a) of Section 17601.25 of the local health
and welfare trust funds in the prior fiscal year pursuant to this
chapter from the Vehicle License Fee Account and the Vehicle
License Fee Growth Account. The Controller shall not include in
this calculation any funding deposited in the Mental Health
Subaccount from the Support Services Growth Subaccount
pursuant to Section 30027.9 of the Government Code or funds
described in subdivision (c) of Section 17601.25.

(6) Any excess vehicle license fee revenues received pursuant
to Section 11001.5 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) to (5), inclusive, are made
shall be deposited in the Vehicle License Fee Growth Account of
the Local Revenue Fund.

SEC. 37.  

Section 17604.05 of the Welfare and Institutions
Code is amended to read:

17604.05.  

(a) With the exception of the deposits made into
the Vehicle License Collection Account, upon request of a county,
the Controller may deposit all or any portion of the county’s
allocation under this article into the County Medical Services
Program Account of the County Health Services Fund.

(b) Deposits made pursuant to subdivision (a) shall be deemed
to be deposits into a county’s or city’s local health and welfare
trust fund pursuant to Section 17608.10.

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 38.  

Section 17605 of the Welfare and Institutions Code
is amended to read:

17605.  

(a) For the 1992-93 fiscal year, the Controller shall
deposit into the Caseload Subaccount of the Sales Tax Growth
Account of the Local Revenue Fund, from revenues deposited into
the Sales Tax Growth Account, an amount to be determined by
the Department of Finance, that represents the sum of the shortfalls
between the actual realignment revenues received by each county
and each city and county from the Social Services Subaccount of
the Local Revenue Fund in the 1991-92 fiscal year and the net
costs incurred by each of those counties and cities and counties in
the fiscal year for the programs described in Sections 10101,
10101.1, 11322, 11322.2, and 12306, subdivisions (a), (b), (c),
and (d) of Section 15200, and Sections 15204.2 and 18906.5. The
Department of Finance shall provide the Controller with an
allocation schedule on or before August 15, 1993, that shall be
used by the Controller to allocate funds deposited to the Caseload
Subaccount under this subdivision. The Controller shall allocate
these funds no later than August 27, 1993.

(b) (1) (A) For the 1993-94 fiscal year and fiscal years
thereafter, the Controller shall deposit into the Caseload
Subaccount of the Sales Tax Growth Account of the Local Revenue
Fund, from revenues deposited into the Sales Tax Growth Account,
an amount determined by the Department of Finance, in
consultation with the appropriate state departments and the
California State Association of Counties, that is sufficient to fund
the net cost for the realigned portion of the county or city and
county share of growth in social services caseloads, as specified
in paragraph (2), and any share of growth from the previous year
or years for which sufficient revenues were not available in the
Caseload Subaccount. The Department of Finance shall provide
the Controller with an allocations schedule on or before March 15
of each year. The schedule shall be used by the Controller to
allocate funds deposited into the Caseload Subaccount under this
subdivision.

(B) It is the intent of the Legislature that counties shall receive
allocations from the Caseload Subaccount as soon as possible after
funds are received in the Sales Tax Growth Account. The
Department of Finance shall recommend to the Legislature, by
January 10, 2005, a procedure to expedite the preparation and
provision of the allocations schedule described in subparagraph
(A) and the allocation of funds by the Controller.

(2) For purposes of this subdivision, “growth” means the
increase in the actual caseload expenditures for the prior fiscal
year over the actual caseload expenditures for the fiscal year
preceding the prior fiscal year for the programs described in Section
12306, subdivisions (a), (b), (c), and (d) of Section 15200, and
Sections 10101, 15204.2 and 18906.5 of this code, and for which
funds are allocated pursuant to subdivision (b) of Section 123940
of the Health and Safety Code.

(3) The difference in caseload expenditures between the fiscal
years shall be multiplied by the factors that represent the change
in county or city and county shares of the realigned programs.
These products shall then be added or subtracted, taking into
account whether the county’s or city and county’s share of costs
was increased or decreased as a result of realignment, to yield each
county’s or city and county’s allocation for caseload growth.
Allocations for counties or cities and counties with allocations of
less than zero shall be set at zero.

(c) Annually, the Controller shall allocate, to the local health
and welfare trust fund social services account, the amounts
deposited and remaining unexpended and unreserved in the
Caseload Subaccount, pursuant to the schedules of allocations of
caseload growth described in subdivision (b), within 45 days of
receiving those schedules from the Department of Finance. If there
are insufficient funds to fully satisfy all caseload growth
obligations, each county’s or city and county’s allocation for each
program specified in subdivision (d) shall be prorated.

(d) Prior to allocating funds pursuant to subdivision (b), to the
extent that funds are available from funds deposited in the Caseload
Subaccount in the Sales Tax Growth Account in the Local Revenue
Fund, the Controller shall allocate moneys to counties or cities
and counties to correct any inequity or inequities in the computation
of the child welfare services portion of the schedule required by
subdivision (a) of Section 17602.

(e) (1) For the 2003-04 fiscal year, no Sales Tax Growth
Account funds shall be allocated pursuant to this chapter until the
caseload portion of the base of each county’s social services
account in the county’s health and welfare trust fund is funded to
the level of the 2001-02 fiscal year. Funds to meet this requirement
shall be allocated from the Sales Tax Account of the Local Revenue
Fund. If sufficient funds are not available in the Sales Tax Account
of the Local Revenue Fund to achieve that funding level in the
2003-04 fiscal year, this requirement shall be funded in each
succeeding fiscal year in which there are sufficient funds in the
Sales Tax Account of the Local Revenue Fund until the caseload
base funding level for which each county would have otherwise
been eligible in accordance with subdivision (e) of Section 17602
for that year.

(2) The caseload portion of each county’s social services account
base shall be determined by subtracting its noncaseload portion of
the base, as determined by the Department of Finance in its annual
calculation of General Growth Account allocations, from the total
base of each county’s social services account for the 2001-02
fiscal year.

SEC. 39.  

Section 17605.05 of the Welfare and Institutions
Code is repealed.

SEC. 40.  

Section 17605.051 of the Welfare and Institutions
Code is amended to read:

17605.051.  

Upon request of the County Medical Services
Program Governing Board, the Controller shall transfer amounts
deposited into the County Medical Services Program Subaccount
to the County Medical Services Program Governing Board for the
purposes described in subdivision (f) of Section 16809.

SEC. 41.  

Section 17605.07 of the Welfare and Institutions
Code is amended to read:

17605.07.  

(a) (1) For the 1992-93 fiscal year through the
2014-15 fiscal year, inclusive, after satisfying the obligations set
forth in Section 17605, the Controller shall deposit into the County
Medical Services Program Subaccount 4.027 percent of the
amounts remaining and unexpended in the Sales Tax Growth
Account of the Local Revenue Fund.

(2) If the amount deposited to the Caseload Subaccount of the
Sales Tax Growth Account pursuant to subdivision (b) of Section
17605 exceeds twenty million dollars ($20,000,000) for any fiscal
year, then an additional amount equal to 4.027 percent of the
amount deposited to the Caseload Subaccount shall be deposited
to the County Medical Services Program Subaccount of the Sales
Tax Growth Account.

(b) (1) For the 2015-16 fiscal year and fiscal years thereafter,
after satisfying the obligations set forth in Section 17605, the
Controller shall deposit into the County Medical Services Program
Growth Subaccount 4.027 percent of the amounts remaining and
unexpended in the Sales Tax Growth Account of the Local Revenue
Fund.

(2) If the amount deposited to the Caseload Subaccount of the
Sales Tax Growth Account pursuant to subdivision (b) of Section
17605 exceeds twenty million dollars ($20,000,000) for any fiscal
year, then an additional amount equal to 4.027 percent of the
amount deposited to the Caseload Subaccount shall be deposited
to the County Medical Services Program Growth Subaccount of
the Sales Tax Growth Account.

SEC. 42.  

Section 17605.08 of the Welfare and Institutions
Code is repealed.

SEC. 43.  

Section 17605.10 of the Welfare and Institutions
Code is repealed.

SEC. 44.  

Section 17605.10 is added to the Welfare and
Institutions Code, to read:

17605.10.  

For the 2014-15 fiscal year and fiscal years
thereafter, after satisfying the obligations set forth in Sections
17605 and 17605.07, the Controller shall deposit any funds
remaining in the Sales Tax Growth Account of the Local Revenue
Fund into the General Growth Subaccount.

SEC. 45.  

Section 17606.05 of the Welfare and Institutions
Code is repealed.

SEC. 46.  

Section 17606.10 of the Welfare and Institutions
Code is amended to read:

17606.10.  

(a) For the 1992-93 fiscal year and subsequent
fiscal years, the Controller shall allocate funds, on an annual basis
from the General Growth Subaccount in the Sales Tax Growth
Account to the appropriate accounts in the local health and welfare
trust fund of each county, city, and city and county in accordance
with a schedule setting forth the percentage of total state resources
received in the 1990-91 fiscal year, including State Legalization
Impact Assistance Grants distributed by the state under former
Part 4.5 (commencing with Section 16700), funding provided for
purposes of implementation of Division 5 (commencing with
Section 5000), for the organization and financing of community
mental health services, including the Cigarette and Tobacco
Products Surtax proceeds that are allocated to county mental health
programs pursuant to Chapter 1331 of the Statutes of 1989, Chapter
51 of the Statutes of 1990, and Chapter 1323 of the Statutes of
1990, and state hospital funding and funding distributed for
programs administered under Sections 1794, 10101.1, and 11322.2,
as annually adjusted by the Department of Finance, in conjunction
with the appropriate state department to reflect changes in equity
status from the base percentages. However, for the 1992-93 fiscal
year, the allocation for community mental health services shall be
based on the following schedule:

 

	Percentage
	of Statewide
Jurisdiction	Resource Base
Alameda	4.3693
Alpine	0.0128
Amador	0.0941
Butte	0.7797
Calaveras	0.1157
Colusa	0.0847
Contra Costa	2.3115
Del Norte	0.1237
El Dorado	0.3966
Fresno	3.1419
Glenn	0.1304
Humboldt	0.6175
Imperial	0.5425
Inyo	0.1217
Kern	1.8574
Kings	0.4229
Lake	0.2362
Lassen	0.1183
Los Angeles	27.9666
Madera	0.3552
Marin	0.9180
Mariposa	0.0792
Mendocino	0.4099
Merced	0.8831
Modoc	0.0561
Mono	0.0511
Monterey	1.1663
Napa	0.3856
Nevada	0.2129
Orange	5.3423
Placer	0.5034
Plumas	0.1134
Riverside	3.6179
Sacramento	4.1872
San Benito	0.1010
San Bernardino	4.5494
San Diego	7.8773
San Francisco	3.5335
San Joaquin	2.4690
San Luis Obispo	0.6652
San Mateo	2.5169
Santa Barbara	1.0745
Santa Clara	5.0488
Santa Cruz	0.7960
Shasta	0.5493
Sierra	0.0345
Siskiyou	0.2051
Solano	0.6694
Sonoma	1.1486
Stanislaus	1.4701
Sutter/Yuba	0.6294
Tehama	0.2384
Trinity	0.0826
Tulare	1.4704
Tuolumne	0.1666
Ventura	1.9311
Yolo	0.5443
Berkeley	0.2688
Tri-City	0.2347

 

(b) The Department of Finance shall recalculate the resource
base used in determining the General Growth Subaccount
allocations to the Health Account, Mental Health Account, and
Social Services Account of the local health and welfare trust fund
of each city, county, and city and county for the 1994-95 fiscal
year general growth allocations according to subdivisions (c) and
(d). For the 1995-96 fiscal year and annually until the end of the
2012-13 fiscal year, the Department of Finance shall prepare the
schedule of allocations of growth based upon the recalculation of
the resource base as provided by subdivision (c).

(c) For the Mental Health Account, the Department of Finance
shall do all of the following:

(1) Use the following sources as reported by the State
Department of Health Care Services:

(A) The final December 1992 distribution of resources
associated with Institutes for Mental Disease.

(B) The 1990-91 fiscal year state hospitals and community
mental health allocations.

(C) Allocations for services provided for under Chapter 1294
of the Statutes of 1989.

(2) Expand the resource base with the following nonrealigned
funding sources as allocated among the counties:

(A) Tobacco surtax allocations made under Chapter 1331 of the
Statutes of 1989 and Chapter 51 of the Statutes of 1990.

(B) For the 1994-95 allocation year only, Chapter 1323 of the
Statutes of 1990.

(C) 1993-94 fiscal year federal homeless block grant allocation.

(D) 1993-94 fiscal year Mental Health Special Education
allocations.

(E) 1993-94 fiscal year allocations for the system of care for
children, in accordance with Chapter 1229 of the Statutes of 1992.

(F) 1993-94 fiscal year federal Substance Abuse and Mental
Health Services Administration block grant allocations pursuant
to Subchapter 1 (commencing with Section 10801) of Chapter 114
of Title 42 of the United States Code.

(d) For the Health Account, the Department of Finance shall
use the historical resource base of state funds as allocated among
the counties, cities, and city and county as reported by the former
State Department of Health Services in a September 17, 1991,
report of Indigent and Community Health Resources.

(e) The Department of Finance shall use these adjusted resource
bases for the Health Account and Mental Health Account to
calculate what the 1994-95 fiscal year General Growth Subaccount
allocations would have been, and together with 1994-95 fiscal
year Base Restoration Subaccount allocations, CMSP subaccount
allocations, equity allocations to the Health Account and Mental
Health Account as adjusted by subparagraph (E) of paragraph (2)
of subdivision (c) of Section 17606.05, as that subparagraph read
on January 1, 2015, and special equity allocations to the Health
Account and Mental Health Account as adjusted by subdivision
(e) of Section 17606.15 reconstruct the 1994-95 fiscal year General
Growth Subaccount resource base for the 1995-96 allocation year
for each county, city, and city and county. Notwithstanding any
other law, the actual 1994-95 general growth allocations shall not
become part of the realignment base allocations to each county,
city, and city and county. The total amounts distributed by the
Controller for general growth for the 1994-95 allocation year shall
be reallocated among the counties, cities, and city and county in
the 1995-96 allocation year according to this paragraph, and shall
be included in the general growth resource base for the 1996-97
allocation year and each fiscal year thereafter. For the 1996-97
allocation year and fiscal years thereafter, the Department of
Finance shall update the base with actual growth allocations to the
Health Account, Mental Health Account, and Social Services
Account of each county, city, and city and county local health and
welfare trust fund in the prior year, and adjust for actual changes
in nonrealigned funds specified in subdivision (c) in the year prior
to the allocation year.

(f) For the 2013-14 fiscal year and every fiscal year thereafter,
the Controller shall do all of the following:

(1) Allocate to the Mental Health Account of each county, city,
or city and county based on a schedule provided by the Department
of Finance. The Department of Finance shall recalculate the
resource base used in determining the General Growth Subaccount
allocations to the Mental Health Account in accordance with
subdivision (c) and allocate based on that recalculation.

(2) Allocate 18.4545 percent of the total General Growth
Subaccount to the health account of each county, city, or city and
county based on a schedule provided by the Department of Finance
in accordance with subdivision (d).

(3) Allocate the remainder of the funds in the General Growth
Subaccount to the family support account of each county or city
and county based on a schedule provided by the Department of
Finance. These funds shall be expended in accordance with Section
17601.50.

(g) The amounts deposited and remaining unexpended and
unreserved in the General Growth Subaccount shall be allocated
on an annual basis by the Controller, as described in subdivision
(f), within 45 days of receiving the General Growth Subaccount
allocation schedule from the Department of Finance.

SEC. 47.  

Section 17606.15 of the Welfare and Institutions
Code is repealed.

SEC. 48.  

Section 17606.20 of the Welfare and Institutions
Code is amended to read:

17606.20.  

(a) On or before the 27th day of each month, the
Controller shall allocate money to each county, city, and city and
county, as general purpose revenues, from revenues deposited in
the Vehicle License Fee Growth Account in the Local Revenue
Fund in amounts that are proportional to each county’s, city’s, or
city and county’s total allocation from the Sales Tax Growth
Account, except amounts provided pursuant to Section 17605.

(b) Notwithstanding subdivision (a), for the 1998-99 fiscal year
and fiscal years thereafter, if, after meeting the requirements of
Section 17605, there are no funds remaining in the Sales Tax
Growth Account to allocate to each county, city, and city and
county pursuant to subdivision (a) of Section 17605.07, Section
17605.08, or Section 17605.10, the Controller shall allocate the
revenues deposited in the Vehicle License Fee Growth Account
to each county, city, and city and county, as general purpose
revenues, in the following manner:

(1) The Controller shall determine the amount of sales tax
growth in the 1996-97 fiscal year which exceeded the requirements
of Section 17605 in the 1996-97 fiscal year.

(2) The Controller shall determine the amount of sales tax
growth allocated in the 1996-97 fiscal year to the County Medical
Services Program Subaccount pursuant to subdivision (a) of Section
17605.07 and to the Indigent Health Equity, Community Health
Equity, Mental Health Equity, State Hospital Mental Health Equity,
General Growth, and Special Equity Subaccounts pursuant to
Section 17605.10.

(3) The Controller shall compute percentages by dividing the
amounts determined in paragraph (2) by the amount determined
in paragraph (1).

(4) For calculation purposes related to paragraph (5), the
Controller shall apply the percentages determined in paragraph
(3) to revenues in the Vehicle License Fee Growth Account to
determine the amount of vehicle license fee growth revenues
attributable to the County Medical Services, Indigent Health
Equity, Community Health Equity, Mental Health Equity, State
Hospital Mental Health Equity, General Growth, and Special
Equity Subaccounts. This paragraph shall not require the Controller
to deposit vehicle license fee growth revenues into the subaccounts
specified in this paragraph, and is solely for determining the
distribution of vehicle license growth revenues to each county,
city, and city and county.

(5) On or before the 27th day of each month, the Controller
shall allocate money to each county, city, and city and county, as
general purpose revenues, from revenues deposited in the Vehicle
License Fee Growth Account in the Local Revenue Fund. These
allocations shall be determined based on schedules developed by
the Department of Finance pursuant to Section 17606.10, in
consultation with the California State Association of Counties.

(c) This section shall become inoperative on August 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016,
deletes or extends the dates on which it becomes inoperative and
is repealed.

SEC. 49.  

Section 17606.20 is added to the Welfare and
Institutions Code, to read:

17606.20.  

(a) Annually, the Controller shall allocate money
to each county, city, and city and county, from revenues deposited
in the Vehicle License Fee Growth Account in the Local Revenue
Fund in amounts that are proportional to each county’s, city’s, or
city and county’s total allocation from the Sales Tax Growth
Account, except amounts provided pursuant to Section 17605.

(b) Notwithstanding subdivision (a), for the 1998-99 fiscal year
and fiscal years thereafter, if, after meeting the requirements of
Section 17605, there are no funds remaining in the Sales Tax
Growth Account to allocate to each county, city, and city and
county pursuant to paragraph (1) of subdivision (a) of, or paragraph
(1) of subdivision (b) of, Section 17605.07, or Section 17605.10,
the Controller shall allocate the revenues deposited in the Vehicle
License Fee Growth Account to each county, city, and city and
county, in the following manner:

(1) The Controller shall determine the amount of sales tax
growth in the 1996-97 fiscal year which exceeded the requirements
of Section 17605 in the 1996-97 fiscal year.

(2) The Controller shall determine the amount of sales tax
growth allocated in the 1996-97 fiscal year to the County Medical
Services Program Subaccount pursuant to paragraph (1) of
subdivision (a) of Section 17605.07, and to the Indigent Health
Equity, Community Health Equity, Mental Health Equity, State
Hospital Mental Health Equity, General Growth, and Special
Equity Subaccounts pursuant to Section 17605.10, as that section
read on January 1, 2015.

(3) The Controller shall compute percentages by dividing the
amounts determined in paragraph (2) by the amount determined
in paragraph (1).

(4) For calculation purposes related to paragraph (5), the
Controller shall apply the percentages determined in paragraph
(3) to revenues in the Vehicle License Fee Growth Account to
determine the amount of vehicle license fee growth revenues
attributable to the County Medical Services Program Growth,
Indigent Health Equity, Community Health Equity, Mental Health
Equity, State Hospital Mental Health Equity, General Growth, and
Special Equity Subaccounts. This paragraph shall not require the
Controller to deposit vehicle license fee growth revenues into the
subaccounts specified in this paragraph, and is solely for
determining the distribution of vehicle license growth revenues to
each county, city, and city and county.

(5) Annually, the Controller shall allocate money to each county,
city, and city and county, from revenues deposited in the Vehicle
License Fee Growth Account in the Local Revenue Fund. These
allocations shall be determined based on schedules developed by
the Department of Finance pursuant to Section 17606.10, in
consultation with the California State Association of Counties.
The Controller shall allocate these funds within 45 days of
receiving the schedules from the Department of Finance.

(c) This section shall become operative on August 1, 2015.

SEC. 50.  

Section 17608.05 of the Welfare and Institutions
Code is amended to read:

17608.05.  

(a) As a condition of deposit of funds from the Sales
Tax Account of the Local Revenue Fund into a county’s local
health and welfare trust fund mental health account, the county or
city shall deposit each month local matching funds in accordance
with a schedule developed by the State Department of Mental
Health based on county or city standard matching obligations for
the 1990-91 fiscal year for mental health programs.

(b) A county, city, or city and county may limit its deposit of
matching funds to the amount necessary to meet minimum federal
maintenance of effort requirements, as calculated by the State
Department of Health Care Services, subject to the approval of
the Department of Finance. However, the amount of the reduction
permitted by the limitation provided for by this subdivision shall
not exceed twenty-five million dollars ($25,000,000) per fiscal
year on a statewide basis.

(c) Any county, city, or city and county that elects not to apply
maintenance of effort funds for community mental health programs
shall not use the loss of these expenditures from local mental health
programs for realignment purposes.

SEC. 51.  

Section 17608.10 of the Welfare and Institutions
Code is amended to read:

17608.10.  

As a condition of deposit of funds from the Sales
Tax Account of the Local Revenue Fund into a county’s or city’s
local health and welfare trust fund account, a county or city shall
deposit county or city general purpose revenues into the health
account each month equal to one-twelfth of the amounts set forth
in the following schedule:

 

Jurisdiction	Amount
Alameda	$ 20,545,579
Alpine	21,465
Amador	278,460
Butte	724,304
Calaveras	0
Colusa	237,754
Contra Costa	10,114,331
Del Norte	44,324
El Dorado	704,192
Fresno	10,404,113
Glenn	58,501
Humboldt	589,711
Imperial	772,088
Inyo	561,262
Kern	7,623,407
Kings	466,273
Lake	118,222
Lassen	119,938
Los Angeles	159,324,707
Madera	81,788
Marin	1,196,515
Mariposa	0
Mendocino	347,945
Merced	858,484
Modoc	70,462
Mono	409,928
Monterey	3,367,970
Napa	546,957
Nevada	96,375
Orange	15,727,317
Placer	368,490
Plumas	66,295
Riverside	7,365,244
Sacramento	7,128,508
San Benito	0
San Bernardino	4,316,679
San Diego	4,403,290
San Francisco	39,363,076
San Joaquin	2,469,934
San Luis Obispo	1,359,837
San Mateo	6,786,043
Santa Barbara	3,794,166
Santa Clara	13,203,375
Santa Cruz	2,053,729
Shasta	184,049
Sierra	7,330
Siskiyou	287,627
Solano	115,800
Sonoma	438,234
Stanislaus	3,510,803
Sutter	674,240
Tehama	446,992
Trinity	292,662
Tulare	1,547,481
Tuolumne	305,830
Ventura	4,185,070
Yolo	1,081,388
Yuba	187,701
Berkeley	1,953,018
Long Beach	0
Pasadena	0

 

SEC. 52.  

Section 17608.15 of the Welfare and Institutions
Code is repealed.

SEC. 53.  

Section 17609.05 of the Welfare and Institutions
Code is amended to read:

17609.05.  

(a) Each county, city, or city and county shall file
with the Controller annual reports of trust fund deposits and
disbursements within 60 days after the end of the year.

(b) The Controller shall verify deposits and notify appropriate
state agencies upon request of deficits in deposits. The next
scheduled allocations shall not be made until deposits are made
accordingly. Reports shall be forwarded to the appropriate state
department for expenditure verification.

SEC. 54.  

Section 18910 of the Welfare and Institutions Code
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. This subdivision does not apply to
CalFresh households in which all adult members are elderly or
disabled members, as defined in Section 271.2 of Title 7 of the
Code of Federal Regulations, and in which the household has no
earned income.

(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, 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 (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.

(g) (1) It is the intent of the Legislature that, due to the
establishment of a semiannual reporting cycle, change reporting
no longer be imposed on certain households that were exempt from
quarterly reporting pursuant to federal law. To that end, the
department shall work with county human services agencies, client
advocates, and the Statewide Automated Welfare System to
eliminate change reporting for all households no later than January
1, 2017.

(2) For the purposes of this subdivision, “change reporting”
means the reporting requirements imposed on households
designated as certified change reporting households pursuant to
Section 273.12(a) of Title 7 of the Code of Federal Regulations.

SEC. 55.  

Section 18910.1 is added to the Welfare and
Institutions Code, to read:

18910.1.  

It is the intent of the Legislature that all CalFresh
households shall be assigned certification periods that are the
maximum number of months allowable under federal law based
on the household’s circumstances, unless a county is complying
with subdivision (b) of Section 18910.

SEC. 56.  

Section 18358.30 of the Welfare and Institutions
Code is amended to read:

18358.30.  

(a) Rates for foster family agency programs
participating under this chapter shall be exempt from the current
AFDC-FC foster family agency ratesetting system.

(b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family. For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement. For an eligible
child assessed by the county interagency review team or county
placing agency as at imminent risk of group home placement or
psychiatric hospitalization, the appropriate service and rate level
for the child shall be determined by the interagency review team
or county placing agency at time of placement. In all of the service
and rate levels, the foster family agency programs shall:

(1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.

(2) Pay an amount not less than two thousand one hundred
dollars ($2,100) per child per month to the certified foster parent
or parents.

(3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.

(4) (A) (i) Provide a minimum average range of service per
month for children in each service and rate level in a participating
foster family agency, represented by paid employee hours incurred
by the participating foster family agency, by the in-home support
counselor to the eligible child and the certified foster parents
depending on the needs of the child and according to the following
schedule:

 

Service	In-Home Support
and	Counselor Hours
Rate Level	Per Month
A	98-114 hours
B	81-97 hours
C	64-80 hours
D	47-63 hours

 

(ii) Children placed at Service and Rate Level E shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.

(B) (i) For the interim period beginning July 1, 2012, through
December 31, 2016, inclusive, only the following modified service
and rate levels to support modified in-home support counselor
hours per month shall apply:

 

Service	In-Home Support
and	Counselor Hours
Rate Level	Per Month
Level I	81-114 hours
Level II	47-80 hours
Level III	Less than 47 hours

 

(ii) Children placed at Service and Rate Level III shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.

(C) When the interagency review team or county placing agency
and the foster family agency agree that alternative services are in
the best interests of the child, the foster family agency may provide
or arrange for services and supports allowable under California’s
foster care program in lieu of in-home support services required
by subparagraphs (A) and (B). These services and supports may
include, but need not be limited to, activities in the
Multidimensional Treatment Foster Care (MTFC) program.

(c) The department or placing county, or both, may review the
level of services provided by the foster family agency program. If
the level of services actually provided are less than those required
by subdivision (b) for the child’s service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.

(d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:

 

Service	Fiscal Year
and	1998-99
Rate Level	Standard Rate
A	$3,957
B	$3,628
C	$3,290
D	$2,970
E	$2,639

 

(2) For the interim period beginning July 1, 2012, through
December 31, 2016, inclusive, only the following modified service
and rate levels to support the modified standard rate schedule shall
apply:

 

Service
and
Rate Level	Standard Rate
Level I	$5,581
Level II	$4,798
Level III	$4,034

 

(3) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded
to the nearest dollar. The resultant amounts shall constitute the
new standardized rate schedule, subject to further adjustment
pursuant to subparagraph (B), for foster family agency programs
participating under this chapter.

(B) In addition to the adjustment in subparagraph (A),
commencing January 1, 2000, the standardized schedule of rates
shall be increased by 2.36 percent, rounded to the nearest dollar.
The resultant amounts shall constitute the new standardized rate
schedule for foster family agency programs participating under
this chapter.

(4) (A) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal
to the California Necessities Index computed pursuant to Section
11453, subject to the availability of funds. The resultant amounts,
rounded to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under
this chapter.

(B) Effective October 1, 2009, the rates identified in this
subdivision shall be reduced by 10 percent. The resulting amounts
shall constitute the new standardized schedule of rates.

(5) Notwithstanding paragraphs (3) and (4), the rate identified
in paragraph (2) of subdivision (b) shall be adjusted on July 1,
2013, and each July 1 thereafter through July 1, 2016, inclusive,
by an amount equal to the California Necessities Index computed
pursuant to Section 11453.

(e) (1) Rates for foster family agency programs participating
under paragraph (1) of subdivision (d) shall not exceed Service
and Rate Level A at any time during an eligible child’s placement.
An eligible child may be initially placed in a participating intensive
foster care program at any one of the five Service and Rate Levels
A to E, inclusive, and thereafter placed at any level, either higher
or lower, not to exceed a total of six months at any level other than
Service and Rate Level E, unless it is determined to be in the best
interests of the child by the child’s county interagency review team
or county placing agency and the child’s certified foster parents.
The child’s county interagency placement review team or county
placement agency may, through a formal review of the child’s
placement, extend the placement of an eligible child in a service
and rate level higher than Service and Rate Level E for additional
periods of up to six months each.

(2) Rates for foster family agency programs participating under
paragraph (2) of subdivision (d) shall not exceed Service and Rate
Level I at any time during an eligible child’s placement. An eligible
child may be initially placed in a participating intensive foster care
program at any one of the three Service and Rate Levels I to III,
inclusive, and thereafter placed at any level, either higher or lower,
not to exceed a total of six months at any level other than Service
and Rate Level III, unless it is determined to be in the best interests
of the child by the child’s county interagency review team or
county placing agency, foster family agency, and the child’s
certified foster parents. The child’s county interagency placement
review team or county placement agency, through a formal review
of the child’s placement, may extend the placement of an eligible
child in a service and rate level higher than Service and Rate Level
III for additional periods of up to six months each.

(f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child’s need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.

(g) It is the intent of the Legislature to prohibit any duplication
of public funding. Therefore, social worker services, payments to
certified foster parents, administrative activities, and the services
of in-home support counselors that are funded by another public
source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.

(h) It is the intent of the Legislature that the State Department
of Social Services and the State Department of Health Care
Services, in collaboration with county placing agencies and ITFC
providers and other stakeholders, develop and implement an
integrated system that provides for the appropriate level of
placement and care, support services, and mental health treatment
services to foster children served in these programs.

(i) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

SEC. 57.  

As the State Department of Social Services
implements the first stage of the multiyear proposal to increase
the inspection frequency of facilities licensed by the Community
Care Licensing Division pursuant to the quality enhancement and
program improvement reforms, pursuant to Sections 1534, 1569.33,
1597.09 and 1597.55a, of the Health and Safety Code, the
department shall update the Legislature frequently, and no later
than April 1, 2016, for the first update, regarding the
implementation of the multiyear proposal. These updates shall be
based on the most recent workload analysis and shall include, but
not be limited to, an analysis of the policy and fiscal implications
of implementing annual inspections for all facilities, an update of
the number of filled and authorized positions within the division,
an analysis of the fiscal and policy implications of any federal
licensing requirements, and the data necessary to assess whether
the department is in compliance with statutorily required inspection
frequencies.

SEC. 58.  

(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 State Department of Social Services may implement
and administer the changes made in this act to Sections 11253.4,
11330.5, 11461.3, and 11477 of the Welfare and Institutions Code
through all-county letters or similar instructions until regulations
are adopted.

(b) The department shall adopt emergency regulations
implementing the sections specified in subdivision (a) no later than
January 1, 2017. The department may readopt any emergency
regulation authorized by this section that is the same as, or
substantially equivalent to, any emergency regulation previously
adopted pursuant to this section. 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. 59.  

To the extent that any provision of this act has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation within the meaning of Section 36 of
Article XIII of the California Constitution, it shall apply to local
agencies only to the extent that the state provides annual funding
for the cost increase. Any new program or higher level of service
provided by a local agency pursuant to any provision of this act
for programs or levels of service mandated by the 2011
Realignment Legislation above the level for which funding has
been provided shall not require a subvention of funds by the state
nor otherwise be subject to Section 6 of Article XIII B of the
California Constitution.

Provisions of this act addressing programs or levels of service
not included in the 2011 Realignment Legislation may be subject
to Section 6 of Article XIII B of the California Constitution. If the
Commission on State Mandates determines that any provision
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. 60.  

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.