Amended in Senate June 13, 2016

Amended in Senate June 13, 2016

Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1603


Introduced bybegin delete Committee on Budget (Assembly Members Ting (Chair), Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper, Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez, Thurmond, Wilk, and Williams)end deletebegin insert Committee on Budget (Assembly Members Ting (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Holden, Irwin, McCarty, Mullin, Nazarian, Oend insertbegin insert’Donnell, Rodriguez, Thurmond, and Williams)end insert

January 7, 2016


An act to amend Section 155 of the Code of Civil Procedure, and to amend Sections 11253.4, 11320.32, 11402, 11450.025, 11461.3, 11465, 12301.02, 15200, 16519.5, 17601.50, and 18910.1 of, to amend and repeal Sections 11322.63 and 11450.04 of, to amend, repeal, and add Sections 11320.15, 11322.64, 11323.25, and 11450 of, to add Sections 11253.45, 11322.83, 11461.4, 12201.06, 16501.9, and 18920 to, to add Article 6 (commencing with Section 16523) to Chapter 5 of Part 4 of Division 9 of, to add Chapter 17 (commencing with Section 18999) to Part 6 of Division 9 of, and to repeal Section 15200.15 of, the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

AB 1603, as amended, Committee on Budget. Public social services omnibus.

(1) Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if, among other things, he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act.

This bill would clarify that the court has jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile. The bill would also provide that the factual findings may be made at any point in a proceeding, as specified, if certain requirements are met.

(2) Existing law requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, which may consist of, but is not limited to, a declaration by the child who is the subject of the petition. Existing law also authorizes the court to make additional findings that are supported by evidence if requested by a party.

This bill would specify that the evidence to support those findings may consist solely of, but is not limited to, the above declaration. The bill would also authorize the court to make the additional findings only if requested by a party. The bill would provide that the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile is not admissible in making findings and would prohibit the court from including or referencing the motivation of the child, as specified, in the court’s findings.

(3) Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to child support for a family member for whom the recipient is receiving aid, as specified. Existing law also requires the first $50 of any amount of child support collected in a month to be paid to a recipient of CalWORKs aid.

Existing law also 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 who is placed in the home of a relative is eligible for AFDC-FC only if he or she is eligible for federal financial participation in the AFDC-FC payment.

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. Under existing law, a child who is eligible for the Approved Relative Caregiver Funding Option Program is not subject to the requirements of CalWORKs, except as specified.

This bill would specify that the above-described CalWORKs requirements relating to the assignment of child support apply to assistance units participating in the Approved Relative Caregiver Funding Option Program. The bill would state that these provisions are intended to clarify existing law.

(4) Existing law requires a county that has opted into the Approved Relative Caregiver Funding Option Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

This bill, commencing January 1, 2017, would generally require a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child’s assessed level of care, as specified. By requiring counties to increase grants to children who are placed in the home of a relative who has been approved as a resource family, this bill would impose a state-mandated local program.

(5) Existing law requires that, in order to be eligible for AFDC-FC, a child be placed in one of several specified placements, including the approved home of a resource family, and provides that a child placed with a resource family is eligible for AFDC-FC payments.

This bill, commencing January 1, 2017, would instead provide that a child placed in the approved home of a resource family is eligible for AFDC-FC if the caregiver is a nonrelative or the caregiver is a relative and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment. The bill would also specify that a child placed with a resource family is eligible for the resource family basic rate.

(6) Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Existing law requires these agreements to provide for the delegation to the tribe, consortium of tribes, or tribal organization, of the responsibility that would otherwise be the responsibility of the county for the provision of child welfare services or assistance payments under the AFDC-FC program, or both. Existing law requires the State Department of Social Services to annually allocate appropriated funds to each federally recognized American Indian tribe with reservation lands or rancherias in the state that administers a federal tribal Temporary Assistance for Needy Families (TANF) program.

This bill would establish the Tribal Approved Relative Caregiver Funding Option Program and would require participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. The bill would require the department, in consultation with the participating tribe, to determine the initial base caseload of the tribe and to determine the amount necessary to fund the base caseload.

(7) Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility.

This bill, commencing July 1, 2016, would require the infant supplement rate to be increased by $489 per month, if funding for this purpose is appropriated in the annual Budget Act.

(8) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires the TAP to commence no later than October 1, 2016.

This bill would make that provision inoperative on June 30, 2016.

(9) Existing law requires, for counties that implement a welfare-to-work plan that includes subsidized private sector or public sector employment activities, the State Department of Social Services to pay the county 50%, less $113, of the total wage costs of an employee for whom a wage subsidy is paid, subject to specified conditions.

This bill would make that provision inoperative on July 1, 2016, and would repeal that provision on January 1, 2017. The bill would make related changes.

(10) Existing law requires the department to develop an allocation methodology to distribute additional funding for expanded subsidized employment programs for CalWORKs recipients.

This bill would require, on and after July 1, 2016, a county that accepts additional funding for expanded subsidized employment in accordance with that provision to continue to expend no less than the aggregate amount of specified funding received by the county that the county expended on subsidized employment in the 2012-13 fiscal year, except as specified.

(11) Existing law requires a recipient of CalWORKs to participate for a specified number of hours each week in welfare-to-work activities as a condition of eligibility.

The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. Existing federal law requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a local workforce development board to, among other things, plan and oversee the workforce development system and lead efforts in the local area to develop and implement career pathways within the local area.

This bill would deem a recipient who is making satisfactory progress in a career pathway program established in accordance with the federal Workforce Innovation and Opportunity Act to be in compliance with the hourly participation requirements of the CalWORKS program under specified conditions. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.

(12) As part of the CalWORKs program, existing law provides that a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction.

Under existing law, eligibility for temporary shelter assistance is limited to one period of up to 16 consecutive days of temporary assistance in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions. Existing law provides that a family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child is not eligible for further homeless assistance.

This bill, commencing January 1, 2017, would expand the provision of temporary shelter assistance and permanent housing assistance to be available every 12 months. The bill would make conforming changes regarding an applicant for homeless assistance benefits being informed of the availability of the benefits every 12 months. The bill would delete the above limitation on a family’s eligibility for homeless assistance. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program.

(13) Existing law, referred to as the maximum family grant rule, prohibits the number of needy persons in the same family from being increased, for purposes of determining a family’s maximum aid payment, for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions.

This bill would repeal the maximum family grant rule on January 1, 2017.

(14) Existing law establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law increases the maximum aid payments by 5% commencing March 1, 2014, and by an additional 5% commencing April 1, 2015. Existing law specifies a process by which increases may be made to the maximum aid payments depending on projections of revenue and costs by the Department of Finance.

This bill would, effective October 1, 2016, increase the maximum aid grant amounts by an additional 1.43%. The bill would also, effective January 1, 2017, require households eligible for CalWORKs aid to receive an increased aid payment consistent with the repeal of the maximum family grant rule and would require those costs to be paid from moneys deposited into the Child Poverty and Family Supplemental Support Subaccount. To the extent that this bill affects eligibility under the CalWORKs program, the bill would impose a state-mandated local program.

(15) Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law provides, as part of the Coordinated Care Initiative, that IHSS is a Medi-Cal benefit available through managed care health plans in specified counties. Existing law provides for a 7% reduction in authorized hours of service to each IHSS recipient, as specified.

Existing law, commencing July 1, 2016, until July 1, 2019, establishes a managed care organization provider tax, to be administered by the State Department of Health Care Services, as specified, subject to approval from the federal Centers for Medicare and Medicaid Services, as specified.

This bill would suspend the 7% reduction in hours of service to each IHSS recipient until July 1, 2019, if the managed care organization provider tax remains operative. The bill would require the reduction to be reinstated by a specified date if the managed care organization provider tax ceases to be operative for any reason. By increasing the administrative duties of counties under the IHSS program, this bill would impose a state-mandated local program.

(16) Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System (CWS/CMS) to administer and evaluate the state’s child welfare services and foster care programs.

This bill would require the State Department of Social Services and the Office of Systems Integration (OSI), in collaboration with the County Welfare Directors Association (CWDA), to seek resources to enable the necessary level of engagement by the counties in the Child Welfare Services-New System (CWS-NS), as specified. The bill would require the department and OSI to provide a voting seat on all governance bodies of the CWS-NS for a CWDA representative. The bill would also require the department and OSI to continue to provide monthly updates to the Legislature and to stakeholders, including CWDA, regarding efforts to develop and implement the CWS-NS. The bill would also require CWS/CMS operations and functionality to be maintained at a level at least commensurate with its December 2015 status, as specified. The bill would make related findings and declarations.

(17) Existing law establishes a system of statewide child welfare services, administered by the State Department of Social Services and county child welfare agencies, with the intent that all children are entitled to be safe and free from abuse and neglect.

This bill would establish the Bringing Families Home Program, and would, to the extent funds are appropriated in the annual Budget Act, require the State Department of Social Services to award program funds to counties for the purpose of providing housing-related supports to eligible families experiencing homelessness if specified criteria are met. The bill would require the department to award program funds to counties according to criteria developed by the department, in consultation with specified entities, subject to a requirement that a county that receives funds under the program provide matching funds for these purposes, as specified.

(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, as specified. Existing law states the intent of the Legislature to assign certification periods for CalFresh households that are the maximum number of months allowed under federal law based on the household’s circumstances, subject to a specified exception.

This bill would instead require the assignment of certification periods in the above-described manner, as specified, and would provide an additional exception, on a case-by-case basis only, for a household’s individual circumstances requiring a shorter certification period. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program.

(19) Existing law, the State Department of Health Services Cooperative Agreement Act, provides for the establishment of cooperative agreements between the State Department of Public Health and other public and private entities for the purposes of, among other things, simplifying the administration of public health programs by the department. The act requires cooperative agreements to be subject to review and approval by the Department of General Services with certain exceptions.

This bill would deem an agreement between the State Department of Social Services and a unit of local government, any other unit of state government, or a nonprofit organization that provides for a contract relating to outreach programs related to CalFresh and the Supplemental Nutrition Assistance Program: Nutrition Education and Obesity Prevention Grant Program to be a “cooperative agreement,” as defined. The bill would specify that these changes apply retroactively.

(20) Existing federal law establishes various disability benefits programs, including the Supplemental Security Income (SSI) program, under which cash assistance is provided to qualified low-income aged, blind, and disabled persons, and the Social Security Disability Insurance (SSDI) program, under which benefits are provided to persons with disabilities who have paid social security taxes. Existing federal law also provides for disability compensation for veterans under specified circumstances.

Existing state law provides for disability benefits programs, including the State Supplementary Program for the Aged, Blind, and Disabled (SSP), under which state funds are provided in supplementation of federal SSI benefits, and the Cash Assistance Program for Immigrants, which provides benefits to aged, blind, and disabled legal immigrants who meet specified criteria. Existing law also establishes various housing programs directed by the Department of Housing and Community Development, including special housing programs to provide housing assistance for persons with developmental and physical disabilities and persons with mental health disorders.

This bill would establish the Housing and Disability Income Advocacy Program under the administration of the State Department of Social Services, subject to an appropriation of funds in the annual Budget Act. The program would provide state grant funds to participating counties for the provision of outreach, case management, and advocacy services to assist clients who are homeless or at risk of becoming homeless to obtain disability benefits. The bill would require participating counties to provide housing assistance to these clients during their application periods for disability benefits programs, as specified. The bill would also require participating counties to annually report to the department regarding their funding of advocacy and outreach programs and use of state funding provided under the program, as specified. The bill would require the department to periodically inform the Legislature of the implementation progress of the program, to make related data available on the department’s Internet Web site, and to report to the Legislature by October 1, 2018, regarding the implementation of the program, as specified.

(21) Under existing law, benefit payments under SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount required, when added to the nonexempt income and SSI benefits available to the recipient, to provide the maximum benefit payment. Existing law prohibits, for each calendar year, commencing with the 2011 calendar year, any cost-of-living adjustment from being made to the maximum benefit payment unless otherwise specified by statute, except for the pass along of any cost-of-living increase in the federal SSI benefits. Existing law continuously appropriates funds for the implementation of SSP.

This bill, commencing January 1, 2017, would increase the amount of aid paid under SSP that is in effect on December 31, 2016, less the federal benefit portion received, by 2.76%. The bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.

(22) Existing law requires the State Department of Social Services and the State Department of Health Care Services to carry out specified duties relating the administration of foster care services.

The bill would require the State Department of Social Services and the State Department of Health Care Services, during the 2017 and 2018 legislative budget hearings, to update the legislative budget committees on activities taken by the departments to implement specified reform measures relating to foster care. The bill would also require the State Department of Social Services to convene stakeholders, including county placing agencies, providers, foster youth, and legislative staff, commencing no later than July 1, 2016, to discuss the adequacy of the proposed foster care rates and rate structure and the extent to which the rates will achieve the desired outcomes for those reform measures, to report to legislative budget committees, and to provide updated project costs, as specified.

(23) The bill would authorize the State Department of Social Services to adopt emergency regulations implementing specified provisions of the bill.

(24) 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.

(25) Existing federal law provides for the allocation of federal funds through the federal TANF block grant program to eligible states. The state CalWORKs program is funded through a combination of federal funds received through the federal TANF block grant program and state and county funds. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

By expanding eligibility for, increasing assistance payments to recipients of, and adjusting funding formulas for counties providing benefits under, the CalWORKs program, and by providing funding for the Tribal Approved Relative Caregiver Funding Option Program, which is also funded by TANF, the bill would make an appropriation.

(26) 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:

P11   1

SECTION 1.  

Section 155 of the Code of Civil Procedure is
2amended to read:

3

155.  

(a) (1) A superior court has jurisdiction under California
4law to make judicial determinations regarding the custody and
5care of children within the meaning of the federal Immigration
6and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec.
7204.11), which includes, but is not limited to, the juvenile, probate,
P12   1and family court divisions of the superior court. These courts have
2jurisdiction to make the factual findings necessary to enable a child
3to petition the United States Citizenship and Immigration Services
4for classification as a special immigrant juvenile pursuant to
5Section 1101(a)(27)(J) of Title 8 of the United States Code.

6(2) The factual findings set forth in paragraph (1) of subdivision
7(b) may be made at any point in a proceeding regardless of the
8division of the superior court or type of proceeding if the
9prerequisites of that subdivision are met.

10(b) (1) If an order is requested from the superior court making
11the necessary findings regarding special immigrant juvenile status
12pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
13Code, and there is evidence to support those findings, which may
14consist solely of, but is not limited to, a declaration by the child
15who is the subject of the petition, the court shall issue the order,
16which shall include all of the following findings:

17(A) The child was either of the following:

18(i) Declared a dependent of the court.

19(ii) Legally committed to, or placed under the custody of, a state
20agency or department, or an individual or entity appointed by the
21court. The court shall indicate the date on which the dependency,
22commitment, or custody was ordered.

23(B) That reunification of the child with one or both of the child’s
24parents was determined not to be viable because of abuse, neglect,
25abandonment, or a similar basis pursuant to California law. The
26court shall indicate the date on which reunification was determined
27not to be viable.

28(C) That it is not in the best interest of the child to be returned
29to the child’s, or his or her parent’s, previous country of nationality
30or country of last habitual residence.

31(2) The superior the court may make additional findings under
32this section that are supported by evidence only if requested by a
33party. The asserted, purported, or perceived motivation of the child
34 seeking classification as a special immigrant juvenile shall not be
35admissible in making the findings under this section. The court
36shall not include nor reference the asserted, purported, or perceived
37motivation of the child seeking classification as a special immigrant
38juvenile in the court’s findings under this section.

39(c) In any judicial proceedings in response to a request that the
40superior court make the findings necessary to support a petition
P13   1for classification as a special immigrant juvenile, information
2regarding the child’s immigration status that is not otherwise
3protected by state confidentiality laws shall remain confidential
4and shall be available for inspection only by the court, the child
5who is the subject of the proceeding, the parties, the attorneys for
6the parties, the child’s counsel, and the child’s guardian.

7(d) In any judicial proceedings in response to a request that the
8superior court make the findings necessary to support a petition
9for classification as a special immigrant juvenile, records of the
10proceedings that are not otherwise protected by state confidentiality
11laws may be sealed using the procedure set forth in California
12Rules of Court 2.550 and 2.551.

13(e) The Judicial Council shall adopt any rules and forms needed
14to implement this section.

15

SEC. 2.  

Section 11253.4 of the Welfare and Institutions Code
16 is amended to read:

17

11253.4.  

(a) (1) On and after January 1, 2015, a child eligible
18for the Approved Relative Caregiver Funding Option Program in
19accordance with Section 11461.3 is not subject to the provisions
20of this chapter relating to CalWORKs, including, but not limited
21to, the provisions that relate to CalWORKs eligibility,
22welfare-to-work, time limits, or grant computation.

23(2) All of the following shall apply to a child specified in
24paragraph (1):

25(A) He or she shall receive the applicable regional CalWORKs
26grant for recipient in an assistance unit of one, pursuant to the
27exempt maximum aid payment set forth in Section 11450, and any
28changes to the CalWORKs grant amount shall apply to the grant
29 described in this subparagraph.

30(B) Notwithstanding any other law, the CalWORKs grant of
31the child shall be paid by the county with payment responsibility
32as described in subdivision (b) of Section 11461.3, rather than the
33county of residence of the child, unless the child resides in the
34county with payment responsibility.

35(C) For an assistance unit described in subparagraph (A),
36eligibility shall be determined in accordance with paragraph (3)
37of subdivision (a) of Section 672 of Title 42 of the United States
38Code and state law implementing those requirements for the
39purposes of Article 5 (commencing with Section 11400).

P14   1(D) (i) Article 7 (commencing with Section 11475.2), as
2modified by subdivisions (j) and (k) of Section 11461.3, shall apply
3to an assistance unit described in subparagraph (A).

4(ii) This subparagraph is intended by the Legislature to clarify
5existing law.

6(b) (1) Except as provided in paragraph (2), a person who is an
7approved relative caregiver with whom a child eligible in
8accordance with Section 11461.3 is placed shall be exempt from
9Chapter 4.6 (commencing with Section 10830) of Part 2 governing
10the statewide fingerprint imaging system.

11(2) An approved relative caregiver who is also an applicant for
12or a recipient of benefits under this chapter shall comply with the
13statewide fingerprint imaging system requirements.

14(c) Notwithstanding Sections 11004 and 11004.1 or any other
15law, overpayments to an assistance unit described in subparagraph
16(A) of paragraph (2) of subdivision (a) shall be collected in
17accordance with subdivision (d) of Section 11461.3.

18(d) If an approved relative caregiver with whom a child eligible
19in accordance with Section 11461.3 is placed is also an applicant
20for or a recipient of benefits under this chapter, all of the following
21shall apply:

22(1) The applicant or recipient and each eligible child, excluding
23any child eligible in accordance with Section 11461.3, shall receive
24aid in an assistance unit separate from the assistance unit described
25in subparagraph (A) of paragraph (2) of subdivision (a), and the
26CalWORKs grant of the assistance unit shall be paid by the county
27of residence of the assistance unit.

28(2) For purposes of calculating the grant of the assistance unit,
29the number of eligible needy persons on which the grant is based
30pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
31not include any child eligible in accordance with Section 11461.3.

32(3) For purposes of calculating minimum basic standards of
33adequate care for the assistance unit, any child eligible in
34accordance with Section 11461.3 shall be included as an eligible
35needy person in the same family pursuant to paragraph (2) of
36subdivision (a) of Section 11452.

37(e) This section shall apply retroactively to a child eligible for
38the Approved Relative Caregiver Funding Option Program and
39his or her approved relative caregiver as of January 1, 2015.

P15   1

SEC. 3.  

Section 11253.45 is added to the Welfare and
2Institutions Code
, immediately following Section 11253.4, to read:

3

11253.45.  

(a) (1) A child to whom Section 309, 361.45, or
416519.5 applies, and who is placed in the home of a relative who
5has been approved as a resource family pursuant to Section
616519.5, shall receive a grant that equals the resource family basic
7rate at the child’s assessed level of care, as set forth in subdivision
8(g) of Section 11461 and Section 11463. If the child is determined
9eligible for aid, the total grant shall be comprised of the
10CalWORKs grant plus an amount that, when combined with the
11CalWORKs grant, equals the resource family basic rate at the
12child’s assessed level of care.

13(2) The non-CalWORKs portion of the grant provided in
14paragraph (1) shall be paid from funds separate from funds
15appropriated in the annual Budget Act and counties’ share of costs
16for the CalWORKs program.

17(3) A child specified in paragraph (1) is not subject to the
18provisions of this chapter relating to CalWORKs, including, but
19not limited to, the provisions that relate to CalWORKs eligibility,
20welfare to work, child support enforcement, time limits, or grant
21computation.

22(4) All of the following shall apply to a child specified in
23paragraph (1):

24(A) He or she shall receive the applicable regional CalWORKs
25grant for a recipient in an assistance unit of one, pursuant to the
26exempt maximum aid payment set forth in Section 11450, and any
27changes to the CalWORKs grant amount shall apply to the grant
28described in this subparagraph.

29(B) Notwithstanding any other law, the CalWORKs grant for
30the child shall be paid by the county with payment responsibility
31in accordance with paragraph (1) regardless of the county of
32residence of the child.

33(C) For an assistance unit described in subparagraph (A),
34eligibility shall be determined in accordance with paragraph (3)
35of subdivision (a) of Section 672 of Title 42 of the United States
36Code and state law implementing those requirements for the
37purposes of Article 5 (commencing with Section 11400).

38(b) (1) Except as provided in paragraph (2), a person applying
39for aid on behalf of a child described in paragraph (1) of
40subdivision (a), shall be exempt from Chapter 4.6 (commencing
P16   1with Section 10830) of Part 2 governing the statewide fingerprint
2imaging system.

3(2) A relative who is also an applicant for or a recipient of
4benefits under this chapter shall comply with the statewide
5fingerprint imaging system requirements.

6(c) Notwithstanding Sections 11004 and 11004.1 or any other
7law, overpayments to an assistance unit described in subparagraph
8(A) of paragraph (4) of subdivision (a) shall be collected using the
9standards and processes for overpayment recoupment as specified
10in Section 11466.24, and recouped overpayments shall not be
11subject to remittance to the federal government.

12(d) If a relative with whom a child eligible in accordance with
13this section is placed is also an applicant for, or a recipient of,
14benefits under this chapter, all of the following shall apply:

15(1) The applicant or recipient and each eligible child, excluding
16any child eligible in accordance with this section, shall receive aid
17in an assistance unit separate from the assistance unit described in
18subparagraph (A) of paragraph (4) of subdivision (a), and the
19CalWORKs grant of the assistance unit shall be paid by the county
20of residence of the assistance unit.

21(2) For purposes of calculating the grant of the assistance unit,
22the number of eligible needy persons on which the grant is based
23pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
24not include any child eligible in accordance with this section.

25(3) For purposes of calculating minimum basic standards of
26adequate care for the assistance unit, any child eligible in
27accordance with this section shall be included as an eligible needy
28person in the same family pursuant to paragraph (2) of subdivision
29(a) of Section 11452.

30(e) This section shall apply only to a child under the jurisdiction
31of a county that has not opted into the Approved Relative Caregiver
32Funding Option pursuant to Section 11461.3.

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

34

SEC. 4.  

Section 11320.15 of the Welfare and Institutions Code
35 is amended to read:

36

11320.15.  

(a) After a participant has been removed from the
37assistance unit under subdivision (a) of Section 11454, additional
38welfare-to-work services may be provided to the recipient, at the
39option of the county. If the county provides services to the recipient
40after the 48-month limit has been reached, the recipient shall
P17   1participate in community service or subsidized employment, as
2described in Section 11322.63.

3(b) This section shall become inoperative on July 1, 2016, and,
4as of January 1, 2017, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2017, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

SEC. 5.  

Section 11320.15 is added to the Welfare and
8Institutions Code
, to read:

9

11320.15.  

(a) After a participant has been removed from the
10assistance unit under subdivision (a) of Section 11454, additional
11welfare-to-work services may be provided to the recipient, at the
12option of the county. If the county provides services to the recipient
13after the 48-month limit has been reached, the recipient shall
14participate in community service or subsidized employment, as
15described in Section 11322.64.

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

17

SEC. 6.  

Section 11320.32 of the Welfare and Institutions Code
18 is amended to read:

19

11320.32.  

(a) The department shall administer a voluntary
20Temporary Assistance Program (TAP) for current and future
21CalWORKs recipients who meet the exemption criteria for work
22participation activities set forth in Section 11320.3 and are not
23single parents who have a child under the age of one year.
24Temporary Assistance Program recipients shall be entitled to the
25same assistance payments and other benefits as recipients under
26the CalWORKs program. The purpose of this program is to provide
27cash assistance and other benefits to eligible families without any
28federal restrictions or requirements and without any adverse impact
29on recipients. The Temporary Assistance Program shall commence
30no later than October 1, 2016.

31(b) CalWORKs recipients who meet the exemption criteria for
32work participation activities set forth in subdivision (b) of Section
3311320.3, and are not single parents with a child under one year of
34age, shall have the option of receiving grant payments, child care,
35and transportation services from the Temporary Assistance
36Program. The department shall notify all CalWORKs recipients
37and applicants meeting the exemption criteria specified in
38subdivision (b) of Section 11320.3, except for single parents with
39a child under the age of one year, of their option to receive benefits
40under the Temporary Assistance Program. Absent written
P18   1indication that these recipients or applicants choose not to receive
2assistance from the Temporary Assistance Program, the department
3shall enroll CalWORKs recipients and applicants into the program.
4However, exempt volunteers shall remain in the CalWORKs
5program unless they affirmatively indicate, in writing, their interest
6in enrolling in the Temporary Assistance Program. A Temporary
7Assistance Program recipient who no longer meets the exemption
8criteria set forth in Section 11320.3 shall be enrolled in the
9CalWORKs program.

10(c) Funding for grant payments, child care, transportation, and
11eligibility determination activities for families receiving benefits
12under the Temporary Assistance Program shall be funded with
13General Fund resources that do not count toward the state’s
14maintenance of effort requirements under clause (i) of subparagraph
15(B) of paragraph (7) of subdivision (a) of Section 609 of Title 42
16of the United States Code, up to the caseload level equivalent to
17the amount of funding provided for this purpose in the annual
18Budget Act.

19(d) It is the intent of the Legislature that recipients shall have
20and maintain access to the hardship exemption and the services
21necessary to begin and increase participation in welfare-to-work
22activities, regardless of their county of origin, and that the number
23of recipients exempt under subdivision (b) of Section 11320.3 not
24significantly increase due to factors other than changes in caseload
25characteristics. All relevant state law applicable to CalWORKs
26recipients shall also apply to families funded under this section.
27This section does not modify the criteria for exemption in Section
2811320.3.

29(e) To the extent that this section is inconsistent with federal
30regulations regarding implementation of the Deficit Reduction Act
31of 2005, the department may amend the funding structure for
32exempt families to ensure consistency with these regulations, not
33later than 30 days after providing written notification to the chair
34of the Joint Legislative Budget Committee and the chairs of the
35appropriate policy and fiscal committees of the Legislature.

36(f) This section shall become inoperative on June 30, 2016.

37

SEC. 7.  

Section 11322.63 of the Welfare and Institutions Code
38 is amended to read:

39

11322.63.  

(a) For counties that implement a welfare-to-work
40plan that includes subsidized private sector or public sector
P19   1employment activities, the State Department of Social Services
2shall pay the county 50 percent, less one hundred thirteen dollars
3($113), of the total wage costs of an employee for whom a wage
4subsidy is paid, subject to all of the following conditions:

5(1) (A) For participants receiving CalWORKs aid, the maximum
6state contribution of the total wage cost shall not exceed 100
7percent of the computed grant for the assistance unit in the month
8prior to participation in subsidized employment.

9(B) For participants who have received aid in excess of the time
10limits provided in subdivision (a) of Section 11454, the maximum
11state contribution of the total wage cost shall not exceed 100
12percent of the computed grant for the assistance unit in the month
13prior to participation in subsidized employment.

14(C) In the case of an individual who participates in subsidized
15employment as a service provided by a county pursuant to Section
1611323.25, the maximum state contribution of the total wage cost
17shall not exceed 100 percent of the computed grant that the
18assistance unit received in the month prior to participation in the
19subsidized employment.

20(D) The maximum state contribution, as defined in this
21paragraph, shall remain in effect until the end of the subsidy period
22as specified in paragraph (2), including with respect to subsidized
23employment participants whose wage results in the assistance unit
24no longer receiving a CalWORKs grant.

25(E) State funding provided for total wage costs shall only be
26used to fund wage and nonwage costs of the county’s subsidized
27employment program.

28(2) State participation in the total wage costs pursuant to this
29section shall be limited to a maximum of six months of wage
30subsidies for each participant. If the county finds that a longer
31subsidy period is necessary in order to mutually benefit the
32employer and the participant, state participation in a subsidized
33wage may be offered for up to 12 months.

34(3) Eligibility for entry into subsidized employment funded
35under this section shall be limited to individuals who are not
36otherwise employed at the time of entry into the subsidized job,
37and who are current CalWORKs recipients, sanctioned individuals,
38or individuals described in Section 11320.15 who have exceeded
39the time limits specified in subdivision (a) of Section 11454. A
40county may continue to provide subsidized employment funded
P20   1under this section to individuals who become ineligible for
2CalWORKs benefits in accordance with Section 11323.25.

3(b) Upon application for CalWORKs after a participant’s
4subsidized employment ends, if an assistance unit is otherwise
5eligible within three calendar months of the date that subsidized
6employment ended, the income exemption requirements contained
7in Section 11451.5 and the work requirements contained in
8subdivision (c) of Section 11201 shall apply. If aid is restored after
9the expiration of that three-month period, the income exemption
10requirements contained in Section 11450.12 and the work
11requirements contained in subdivision (b) of Section 11201 shall
12apply.

13(c) The department, in conjunction with representatives of
14county welfare offices and their directors and the Legislative
15Analyst’s Office, shall assess the cost neutrality of the subsidized
16employment program pursuant to this section and make
17recommendations to the Legislature, if necessary, to ensure cost
18neutrality. The department shall testify regarding the cost neutrality
19of the subsidized employment program during the 2012-13 fiscal
20year legislative budget hearings.

21(d) No later than January 10, 2013, the State Department of
22Social Services shall submit a report to the Legislature on the
23outcomes of implementing this section that shall include, but need
24not be limited to, all of the following:

25(1) The number of CalWORKs recipients that entered subsidized
26employment.

27(2) The number of CalWORKs recipients who found
28nonsubsidized employment after the subsidy ends.

29(3) The earnings of the program participants before and after
30the subsidy.

31(4) The impact of this program on the state’s work participation
32rate.

33(e) Payment of the state’s share in total wage costs required by
34this section shall be made in addition to, and independent of, the
35county allocations made pursuant to Section 15204.2.

36(f) (1) A county that accepts additional funding for expanded
37subsidized employment for CalWORKs recipients in accordance
38with Section 11322.64 shall continue to expend no less than the
39aggregate amount of funding received by the county pursuant to
P21   1Section 15204.2 that the county expended on subsidized
2employment pursuant to this section in the 2012-13 fiscal year.

3(2) This subdivision shall not apply for any fiscal year in which
4the total CalWORKs caseload is projected by the department to
5increase more than 5 percent of the total actual CalWORKs
6caseload in the 2012-13 fiscal year.

7(g) For purposes of this section, “total wage costs” include the
8actual wage paid directly to the participant that is allowable under
9the Temporary Assistance for Needy Families program.

10(h) This section shall become inoperative on July 1, 2016, and,
11as of January 1, 2017, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2017, deletes or
13extends the dates on which it becomes inoperative and is repealed.

14

SEC. 8.  

Section 11322.64 of the Welfare and Institutions Code
15 is amended to read:

16

11322.64.  

(a) (1) The department, in consultation with the
17County Welfare Directors Association of California, shall develop
18an allocation methodology to distribute additional funding for
19expanded subsidized employment programs for CalWORKs
20recipients.

21(2) Funds allocated pursuant to this section may be utilized to
22cover all expenditures related to the operational costs of the
23expanded subsidized employment program, including the cost of
24overseeing the program, developing work sites, and providing
25training to participants, as well as wage and nonwage costs.

26(3) The department, in consultation with the County Welfare
27Directors Association of California, shall determine the amount
28or proportion of funding allocated pursuant to this section that may
29be utilized for operational costs, consistent with the number of
30employment slots anticipated to be created and the funding
31provided.

32(b) Funds allocated for expanded subsidized employment shall
33be in addition to, and independent of, the county allocations made
34pursuant to Section 15204.2 and shall not be used by a county to
35fund subsidized employment pursuant to Section 11322.63.

36(c) Each county shall submit to the department a plan regarding
37how it intends to utilize the funds allocated pursuant to this section.

38(d) (1) Participation in subsidized employment pursuant to this
39section shall be limited to a maximum of six months for each
40participant.

P22   1(2) Notwithstanding paragraph (1), a county may extend
2participation beyond the six-month limitation described in
3paragraph (1) for up to an additional three months at a time, to a
4maximum of no more than 12 total months. Extensions may be
5granted pursuant to this paragraph if the county determines that
6the additional time will increase the likelihood of either of the
7following:

8(A) The participant obtaining unsubsidized employment with
9the participating employer.

10(B) The participant obtaining specific skills and experiences
11relevant for unsubsidized employment in a particular field.

12(e) A county may continue to provide subsidized employment
13funded under this section to individuals who become ineligible for
14CalWORKs benefits in accordance with Section 11323.25.

15(f) Upon application for CalWORKs assistance after a
16participant’s subsidized employment ends, if an assistance unit is
17otherwise eligible within three calendar months of the date that
18subsidized employment ended, the income exemption requirements
19contained in Section 11451.5 and the work requirements contained
20in subdivision (c) of Section 11201 shall apply. If aid is restored
21after the expiration of that three-month period, the income
22exemption requirements contained in Section 11450.12 and the
23work requirements contained in subdivision (b) of Section 11201
24shall apply.

25(g) No later than April 1, 2015, the State Department of Social
26Services shall submit at least the following information regarding
27implementation of this section to the Legislature:

28(1) The number of CalWORKs recipients that entered subsidized
29 employment.

30(2) The number of CalWORKs recipients who found
31nonsubsidized employment after the subsidy ends.

32(3) The earnings of the program participants before and after
33the subsidy.

34(4) The impact of this program on the state’s work participation
35rate.

36(h) This section shall become inoperative on July 1 2016, and,
37as of January 1, 2017, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2017, deletes or
39extends the dates on which it becomes inoperative and is repealed.

P23   1

SEC. 9.  

Section 11322.64 is added to the Welfare and
2Institutions Code
, to read:

3

11322.64.  

(a) (1) The department, in consultation with the
4County Welfare Directors Association of California, shall develop
5an allocation methodology to distribute additional funding for
6expanded subsidized employment programs for CalWORKs
7recipients, or individuals described in Section 11320.15 who have
8exceeded the time limits specified in subdivision (a) of Section
911454.

10(2) Funds allocated pursuant to this section may be utilized to
11cover all expenditures related to the operational costs of the
12expanded subsidized employment program, including the cost of
13overseeing the program, developing work sites, and providing
14training to participants, as well as wage and nonwage costs.

15(3) The department, in consultation with the County Welfare
16Directors Association of California, shall determine the amount
17or proportion of funding allocated pursuant to this section that may
18be utilized for operational costs, consistent with the number of
19employment slots anticipated to be created and the funding
20provided.

21(b) Funds allocated for expanded subsidized employment shall
22be in addition to, and independent of, the county allocations made
23pursuant to Section 15204.2.

24(c) (1) A county that accepts additional funding for expanded
25subsidized employment in accordance with this section shall
26continue to expend no less than the aggregate amount of funding
27received by the county pursuant to Section 15204.2 that the county
28expended on subsidized employment in the 2012-13 fiscal year
29pursuant to Section 11322.63, as that section read on June 30,
302016.

31(2) This subdivision shall not apply for any fiscal year in which
32the total CalWORKs caseload is projected by the department to
33increase by more than 5 percent of the total actual CalWORKs
34caseload in the 2012-13 fiscal year.

35(d) Each county shall submit to the department a plan regarding
36how it intends to utilize the funds allocated pursuant to this section.

37(e) (1) Participation in subsidized employment pursuant to this
38section shall be limited to a maximum of six months for each
39participant.

P24   1(2) Notwithstanding paragraph (1), a county may extend
2participation beyond the six-month limitation described in
3paragraph (1) for up to an additional three months at a time, to a
4maximum of no more than 12 total months. Extensions may be
5granted pursuant to this paragraph if the county determines that
6the additional time will increase the likelihood of either of the
7following:

8(A) The participant obtaining unsubsidized employment with
9the participating employer.

10(B) The participant obtaining specific skills and experiences
11relevant for unsubsidized employment in a particular field.

12(f) A county may continue to provide subsidized employment
13funded under this section to individuals who become ineligible for
14CalWORKs benefits in accordance with Section 11323.25.

15(g) Upon application for CalWORKs assistance after a
16participant’s subsidized employment ends, if an assistance unit is
17otherwise eligible within three calendar months of the date that
18subsidized employment ended, the income exemption requirements
19contained in Section 11451.5 and the work requirements contained
20in subdivision (c) of Section 11201 shall apply. If aid is restored
21after the expiration of that three-month period, the income
22exemption requirements contained in Section 11450.12 and the
23work requirements contained in subdivision (b) of Section 11201
24shall apply.

25(h) No later than April 1, 2015, the State Department of Social
26Services shall submit at least the following information regarding
27implementation of this section to the Legislature:

28(1) The number of CalWORKs recipients that entered subsidized
29employment.

30(2) The number of CalWORKs recipients who found
31 nonsubsidized employment after the subsidy ends.

32(3) The earnings of the program participants before and after
33the subsidy.

34(4) The impact of this program on the state’s work participation
35rate.

36(i) This section shall become operative on July 1, 2016.

37

SEC. 10.  

Section 11322.83 is added to the Welfare and
38Institutions Code
, immediately following Section 11322.8, to read:

39

11322.83.  

(a) A recipient who is making satisfactory progress
40in a career pathway program established in accordance with the
P25   1federal Workforce Innovation and Opportunity Act (Public Law
2113-128) shall be deemed to be in compliance with the hourly
3participation requirements described in subdivision (a) of Section
411322.8.

5(b) Subdivision (a) applies only if a local workforce
6development board established under Section 3122 of Title 29 of
7the United States Code provides its approval that the career
8pathway program meets the requirements of Section 3102(7) of
9Title 29 of the United States Code and the county verifies that the
10recipient is making satisfactory progress in that program.

11

SEC. 11.  

Section 11323.25 of the Welfare and Institutions
12Code
is amended to read:

13

11323.25.  

(a) In addition to its authority under subdivision (b)
14of Section 11323.2, if provided in a county plan, the county may
15continue to provide welfare-to-work services to former participants
16who became ineligible for CalWORKs benefits because they
17became employed under Section 11322.63 or 11322.64. The county
18may provide these services for up to the first 12 months of
19employment, to the extent they are not available from other sources
20and are needed for the individual to retain the subsidized
21employment.

22(b) This section shall become inoperative on July 1 2016, and,
23as of January 1, 2017, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2017, deletes or
25extends the dates on which it becomes inoperative and is repealed.

26

SEC. 12.  

Section 11323.25 is added to the Welfare and
27Institutions Code
, to read:

28

11323.25.  

(a) In addition to its authority under subdivision (b)
29of Section 11323.2, if provided in a county plan, the county may
30continue to provide welfare-to-work services to former participants
31who became ineligible for CalWORKs benefits because they
32became employed under Section 11322.64. The county may
33provide these services for up to the first 12 months of employment,
34to the extent they are not available from other sources and are
35needed for the individual to retain the subsidized employment.

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

37

SEC. 13.  

Section 11402 of the Welfare and Institutions Code,
38as amended by Section 65 of Chapter 773 of the Statutes of 2015,
39is amended to read:

P26   1

11402.  

In order to be eligible for AFDC-FC, a child or
2nonminor dependent shall be placed in one of the following:

3(a) Prior to January 1, 2019, the approved home of a relative,
4provided the child or youth is otherwise eligible for federal
5financial participation in the AFDC-FC payment.

6(b) (1) Prior to January 1, 2019, the licensed family home of a
7nonrelative.

8(2) Prior to January 1, 2019, the approved home of a nonrelative
9extended family member as described in Section 362.7.

10(c) The approved home of a resource family, as defined in
11Section 16519.5, if either of the following is true:

12(1) The caregiver is a nonrelative.

13(2) The caregiver is a relative, and the child or youth is otherwise
14eligible for federal financial participation in the AFDC-FC
15payment.

16(d) A licensed group home, as defined in subdivision (h) of
17Section 11400, excluding a runaway and homeless youth shelter
18as defined in subdivision (ab) of Section 11400, provided that the
19placement worker has documented that the placement is necessary
20to meet the treatment needs of the child or youth and that the
21facility offers those treatment services.

22(e) The home of a nonrelated legal guardian or the home of a
23former nonrelated legal guardian when the guardianship of a child
24or youth who is otherwise eligible for AFDC-FC has been
25dismissed due to the child or youth attaining 18 years of age.

26(f) An exclusive-use home.

27(g) A housing model certified by a licensed transitional housing
28placement provider as described in Section 1559.110 of the Health
29and Safety Code and as defined in subdivision (r) of Section 11400.

30(h) An out-of-state group home, provided that the placement
31worker, in addition to complying with all other statutory
32requirements for placing a child or youth in an out-of-state group
33home, documents that the requirements of Section 7911.1 of the
34Family Code have been met.

35(i) An approved supervised independent living setting for
36nonminor dependents, as defined in subdivision (w) of Section
3711400.

38(j) This section shall remain in effect only until January 1, 2017,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2017, deletes or extends that date.

P27   1

SEC. 14.  

Section 11402 of the Welfare and Institutions Code,
2as added by Section 66 of Chapter 773 of the Statutes of 2015, is
3amended to read:

4

11402.  

In order to be eligible for AFDC-FC, a child or
5nonminor dependent shall be placed in one of the following:

6(a) Prior to January 1, 2019, the approved home of a relative,
7provided the child or youth is otherwise eligible for federal
8financial participation in the AFDC-FC payment.

9(b) (1) Prior to January 1, 2019, the home of a nonrelated legal
10guardian or the home of a former nonrelated legal guardian when
11the guardianship of a child or youth who is otherwise eligible for
12AFDC-FC has been dismissed due to the child or youth attaining
1318 years of age.

14(2) Prior to January 1, 2019, the approved home of a nonrelative
15extended family member, as described in Section 362.7.

16(c) (1) Prior to January 1, 2019, the licensed family home of a
17nonrelative.

18(2) The approved home of a resource family, as defined in
19Section 16519.5, if either of the following is true:

20(A) The caregiver is a nonrelative.

21(B) The caregiver is a relative, and the child or youth is
22otherwise eligible for federal financial participation in the
23AFDC-FC payment.

24(d) (1) A housing model certified by a licensed transitional
25housing placement provider, as described in Section 1559.110 of
26the Health and Safety Code, and as defined in subdivision (r) of
27Section 11400.

28(2) An approved supervised independent living setting for
29nonminor dependents, as defined in subdivision (w) of Section
3011400.

31(e) A licensed foster family agency, as defined in subdivision
32(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
331502 of the Health and Safety Code, for placement into a certified
34or approved home.

35(f) A short-term residential treatment center licensed as a
36community care facility, as defined in subdivision (ad) of Section
3711400 and paragraph (18) of subdivision (a) of Section 1502 of
38the Health and Safety Code.

39(g) An out-of-state group home that meets the requirements of
40paragraph (2) of subdivision (c) of Section 11460, provided that
P28   1the placement worker, in addition to complying with all other
2statutory requirements for placing a child or youth in an out-of-state
3group home, documents that the requirements of Section 7911.1
4of the Family Code have been met.

5(h) A community treatment facility set forth in Article 5
6(commencing with Section 4094) of Chapter 3 of Part 1 of Division
74.

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

9

SEC. 15.  

Section 11450 of the Welfare and Institutions Code
10 is amended to read:

11

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
12which shall include all eligible brothers and sisters of each eligible
13applicant or recipient child and the parents of the children, but
14shall not include unborn children, or recipients of aid under Chapter
153 (commencing with Section 12000), qualified for aid under this
16chapter. In determining the amount of aid paid, and notwithstanding
17the minimum basic standards of adequate care specified in Section
1811452, the family’s income, exclusive of any amounts considered
19exempt as income or paid pursuant to subdivision (e) or Section
2011453.1, determined for the prospective semiannual period
21pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
22calculated pursuant to Section 11451.5, shall be deducted from
23the sum specified in the following table, as adjusted for
24cost-of-living increases pursuant to Section 11453 and paragraph
25(2). In no case shall the amount of aid paid for each month exceed
26the sum specified in the following table, as adjusted for
27cost-of-living increases pursuant to Section 11453 and paragraph
28(2), plus any special needs, as specified in subdivisions (c), (e),
29and (f):


30

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

P29   9

 

10(B) If, when, and during those times that the United States
11government increases or decreases its contributions in assistance
12of needy children in this state above or below the amount paid on
13July 1, 1972, the amounts specified in the above table shall be
14increased or decreased by an amount equal to that increase or
15decrease by the United States government, provided that no
16increase or decrease shall be subject to subsequent adjustment
17pursuant to Section 11453.

18(2) The sums specified in paragraph (1) shall not be adjusted
19for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
201994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
21October 31, 1998, nor shall that amount be included in the base
22for calculating any cost-of-living increases for any fiscal year
23thereafter. Elimination of the cost-of-living adjustment pursuant
24to this paragraph shall satisfy the requirements of Section 11453.05,
25and no further reduction shall be made pursuant to that section.

26(b) (1) When the family does not include a needy child qualified
27for aid under this chapter, aid shall be paid to a pregnant child who
28is 18 years of age or younger at any time after verification of
29pregnancy, in the amount that would otherwise be paid to one
30person, as specified in subdivision (a), if the child and her child,
31if born, would have qualified for aid under this chapter. Verification
32of pregnancy shall be required as a condition of eligibility for aid
33under this subdivision.

34(2) Notwithstanding paragraph (1), when the family does not
35include a needy child qualified for aid under this chapter, aid shall
36be paid to a pregnant woman for the month in which the birth is
37anticipated and for the six-month period immediately prior to the
38month in which the birth is anticipated, in the amount that would
39otherwise be paid to one person, as specified in subdivision (a), if
40the woman and child, if born, would have qualified for aid under
P30   1this chapter. Verification of pregnancy shall be required as a
2condition of eligibility for aid under this subdivision.

3(3) Paragraph (1) shall apply only when the Cal-Learn Program
4is operative.

5(c) The amount of forty-seven dollars ($47) per month shall be
6paid to pregnant women qualified for aid under subdivision (a) or
7(b) to meet special needs resulting from pregnancy if the woman
8and child, if born, would have qualified for aid under this chapter.
9County welfare departments shall refer all recipients of aid under
10this subdivision to a local provider of the Women, Infants, and
11Children program. If that payment to pregnant women qualified
12for aid under subdivision (a) is considered income under federal
13law in the first five months of pregnancy, payments under this
14subdivision shall not apply to persons eligible under subdivision
15(a), except for the month in which birth is anticipated and for the
16three-month period immediately prior to the month in which
17delivery is anticipated, if the woman and child, if born, would have
18qualified for aid under this chapter.

19(d) For children receiving AFDC-FC under this chapter, there
20shall be paid, exclusive of any amount considered exempt as
21income, an amount of aid each month that, when added to the
22child’s income, is equal to the rate specified in Section 11460,
2311461, 11462, 11462.1, or 11463. In addition, the child shall be
24eligible for special needs, as specified in departmental regulations.

25(e) In addition to the amounts payable under subdivision (a)
26and Section 11453.1, a family shall be entitled to receive an
27allowance for recurring special needs not common to a majority
28of recipients. These recurring special needs shall include, but not
29be limited to, special diets upon the recommendation of a physician
30for circumstances other than pregnancy, and unusual costs of
31transportation, laundry, housekeeping services, telephone, and
32utilities. The recurring special needs allowance for each family
33per month shall not exceed that amount resulting from multiplying
34the sum of ten dollars ($10) by the number of recipients in the
35family who are eligible for assistance.

36(f) After a family has used all available liquid resources, both
37exempt and nonexempt, in excess of one hundred dollars ($100),
38with the exception of funds deposited in a restricted account
39described in subdivision (a) of Section 11155.2, the family shall
P31   1also be entitled to receive an allowance for nonrecurring special
2needs.

3(1) An allowance for nonrecurring special needs shall be granted
4for replacement of clothing and household equipment and for
5emergency housing needs other than those needs addressed by
6paragraph (2). These needs shall be caused by sudden and unusual
7circumstances beyond the control of the needy family. The
8department shall establish the allowance for each of the
9nonrecurring special needs items. The sum of all nonrecurring
10special needs provided by this subdivision shall not exceed six
11hundred dollars ($600) per event.

12(2) (A) Homeless assistance is available to a homeless family
13seeking shelter when the family is eligible for aid under this
14chapter. Homeless assistance for temporary shelter is also available
15to homeless families that are apparently eligible for aid under this
16chapter. Apparent eligibility exists when evidence presented by
17the applicant, or that is otherwise available to the county welfare
18department, and the information provided on the application
19documents indicate that there would be eligibility for aid under
20this chapter if the evidence and information were verified.
21However, an alien applicant who does not provide verification of
22his or her eligible alien status, or a woman with no eligible children
23who does not provide medical verification of pregnancy, is not
24apparently eligible for purposes of this section.

25(B) A family is considered homeless, for the purpose of this
26section, when the family lacks a fixed and regular nighttime
27residence; or the family has a primary nighttime residence that is
28a supervised publicly or privately operated shelter designed to
29provide temporary living accommodations; or the family is residing
30in a public or private place not designed for, or ordinarily used as,
31a regular sleeping accommodation for human beings. A family is
32also considered homeless for the purpose of this section if the
33family has received a notice to pay rent or quit. The family shall
34demonstrate that the eviction is the result of a verified financial
35hardship as a result of extraordinary circumstances beyond their
36control, and not other lease or rental violations, and that the family
37is experiencing a financial crisis that could result in homelessness
38if preventative assistance is not provided.

39(3) (A) (i) A nonrecurring special needs benefit of sixty-five
40dollars ($65) a day shall be available to families of up to four
P32   1members for the costs of temporary shelter, subject to the
2requirements of this paragraph. The fifth and additional members
3of the family shall each receive fifteen dollars ($15) per day, up
4to a daily maximum of one hundred twenty-five dollars ($125).
5County welfare departments may increase the daily amount
6available for temporary shelter as necessary to secure the additional
7bedspace needed by the family.

8(ii) This special needs benefit shall be granted or denied
9immediately upon the family’s application for homeless assistance,
10and benefits shall be available for up to three working days. The
11county welfare department shall verify the family’s homelessness
12within the first three working days and if the family meets the
13criteria of questionable homelessness established by the
14department, the county welfare department shall refer the family
15to its early fraud prevention and detection unit, if the county has
16such a unit, for assistance in the verification of homelessness within
17this period.

18(iii) After homelessness has been verified, the three-day limit
19shall be extended for a period of time which, when added to the
20initial benefits provided, does not exceed a total of 16 calendar
21days. This extension of benefits shall be done in increments of one
22week and shall be based upon searching for permanent housing
23which shall be documented on a housing search form, good cause,
24or other circumstances defined by the department. Documentation
25of a housing search shall be required for the initial extension of
26benefits beyond the three-day limit and on a weekly basis thereafter
27as long as the family is receiving temporary shelter benefits. Good
28cause shall include, but is not limited to, situations in which the
29county welfare department has determined that the family, to the
30extent it is capable, has made a good faith but unsuccessful effort
31to secure permanent housing while receiving temporary shelter
32benefits.

33(B) (i) A nonrecurring special needs benefit for permanent
34housing assistance is available to pay for last month’s rent and
35security deposits when these payments are reasonable conditions
36of securing a residence, or to pay for up to two months of rent
37arrearages, when these payments are a reasonable condition of
38preventing eviction.

39(ii) The last month’s rent or monthly arrearage portion of the
40payment (I) shall not exceed 80 percent of the family’s total
P33   1monthly household income without the value of CalFresh benefits
2or special needs benefit for a family of that size and (II) shall only
3be made to families that have found permanent housing costing
4no more than 80 percent of the family’s total monthly household
5income without the value of CalFresh benefits or special needs
6benefit for a family of that size.

7(iii) However, if the county welfare department determines that
8a family intends to reside with individuals who will be sharing
9housing costs, the county welfare department shall, in appropriate
10circumstances, set aside the condition specified in subclause (II)
11of clause (ii).

12(C) The nonrecurring special needs benefit for permanent
13housing assistance is also available to cover the standard costs of
14deposits for utilities which are necessary for the health and safety
15of the family.

16(D) A payment for or denial of permanent housing assistance
17shall be issued no later than one working day from the time that a
18family presents evidence of the availability of permanent housing.
19If an applicant family provides evidence of the availability of
20permanent housing before the county welfare department has
21established eligibility for aid under this chapter, the county welfare
22department shall complete the eligibility determination so that the
23denial of or payment for permanent housing assistance is issued
24within one working day from the submission of evidence of the
25availability of permanent housing, unless the family has failed to
26provide all of the verification necessary to establish eligibility for
27aid under this chapter.

28(E) (i) Except as provided in clauses (ii) and (iii), eligibility
29for the temporary shelter assistance and the permanent housing
30assistance pursuant to this paragraph shall be limited to one period
31of up to 16 consecutive calendar days of temporary assistance and
32one payment of permanent assistance. Any family that includes a
33parent or nonparent caretaker relative living in the home who has
34previously received temporary or permanent homeless assistance
35at any time on behalf of an eligible child shall not be eligible for
36further homeless assistance. Any person who applies for homeless
37assistance benefits shall be informed that the temporary shelter
38benefit of up to 16 consecutive days is available only once in a
39lifetime, with certain exceptions, and that a break in the consecutive
P34   1use of the benefit constitutes permanent exhaustion of the
2temporary benefit.

3(ii) A family that becomes homeless as a direct and primary
4result of a state or federally declared natural disaster shall be
5eligible for temporary and permanent homeless assistance.

6(iii) A family shall be eligible for temporary and permanent
7homeless assistance when homelessness is a direct result of
8domestic violence by a spouse, partner, or roommate; physical or
9mental illness that is medically verified that shall not include a
10diagnosis of alcoholism, drug addiction, or psychological stress;
11 or the uninhabitability of the former residence caused by sudden
12and unusual circumstances beyond the control of the family
13including natural catastrophe, fire, or condemnation. These
14circumstances shall be verified by a third-party governmental or
15private health and human services agency, except that domestic
16violence may also be verified by a sworn statement by the victim,
17as provided under Section 11495.25. Homeless assistance payments
18based on these specific circumstances may not be received more
19often than once in any 12-month period. In addition, if the domestic
20violence is verified by a sworn statement by the victim, the
21homeless assistance payments shall be limited to two periods of
22not more than 16 consecutive calendar days of temporary assistance
23and two payments of permanent assistance. A county may require
24that a recipient of homeless assistance benefits who qualifies under
25this paragraph for a second time in a 24-month period participate
26in a homelessness avoidance case plan as a condition of eligibility
27for homeless assistance benefits. The county welfare department
28shall immediately inform recipients who verify domestic violence
29by a sworn statement of the availability of domestic violence
30counseling and services, and refer those recipients to services upon
31request.

32(iv) If a county requires a recipient who verifies domestic
33violence by a sworn statement to participate in a homelessness
34avoidance case plan pursuant to clause (iii), the plan shall include
35the provision of domestic violence services, if appropriate.

36(v) If a recipient seeking homeless assistance based on domestic
37violence pursuant to clause (iii) has previously received homeless
38avoidance services based on domestic violence, the county shall
39review whether services were offered to the recipient and consider
P35   1what additional services would assist the recipient in leaving the
2domestic violence situation.

3(vi) The county welfare department shall report necessary data
4to the department through a statewide homeless assistance payment
5indicator system, as requested by the department, regarding all
6recipients of aid under this paragraph.

7(F) The county welfare departments, and all other entities
8participating in the costs of the CalWORKs program, have the
9right in their share to any refunds resulting from payment of the
10permanent housing. However, if an emergency requires the family
11to move within the 12-month period specified in subparagraph
12(E), the family shall be allowed to use any refunds received from
13its deposits to meet the costs of moving to another residence.

14(G) Payments to providers for temporary shelter and permanent
15housing and utilities shall be made on behalf of families requesting
16these payments.

17(H) The daily amount for the temporary shelter special needs
18benefit for homeless assistance may be increased if authorized by
19the current year’s Budget Act by specifying a different daily
20allowance and appropriating the funds therefor.

21(I) No payment shall be made pursuant to this paragraph unless
22the provider of housing is a commercial establishment, shelter, or
23person in the business of renting properties who has a history of
24renting properties.

25(g) The department shall establish rules and regulations ensuring
26the uniform statewide application of this section.

27(h) The department shall notify all applicants and recipients of
28aid through the standardized application form that these benefits
29are available and shall provide an opportunity for recipients to
30apply for the funds quickly and efficiently.

31(i) (A) Except for the purposes of Section 15200, the amounts
32payable to recipients pursuant to Section 11453.1 shall not
33constitute part of the payment schedule set forth in subdivision
34(a).

35(B) The amounts payable to recipients pursuant to Section
3611453.1 shall not constitute income to recipients of aid under this
37section.

38(j) For children receiving Kin-GAP pursuant to Article 4.5
39(commencing with Section 11360) or Article 4.7 (commencing
40with Section 11385) there shall be paid, exclusive of any amount
P36   1considered exempt as income, an amount of aid each month, which,
2when added to the child’s income, is equal to the rate specified in
3Sections 11364 and 11387.

4(k) (1) A county shall implement the semiannual reporting
5requirements in accordance with Chapter 501 of the Statutes of
62011 no later than October 1, 2013.

7(2) Upon completion of the implementation described in
8paragraph (1), each county shall provide a certificate to the director
9certifying that semiannual reporting has been implemented in the
10county.

11(3) Upon filing the certificate described in paragraph (2), a
12county shall comply with the semiannual reporting provisions of
13this section.

14(l) This section shall become operative on July 1, 2015.

15(m) This section shall remain in effect only until January 1,
162017, and as of that date is repealed, unless a later enacted statute,
17that is enacted before January 1, 2017, deletes or extends that date.

18

SEC. 16.  

Section 11450 is added to the Welfare and Institutions
19Code
, to read:

20

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
21which shall include all eligible brothers and sisters of each eligible
22applicant or recipient child and the parents of the children, but
23shall not include unborn children, or recipients of aid under Chapter
243 (commencing with Section 12000), qualified for aid under this
25chapter. In determining the amount of aid paid, and notwithstanding
26the minimum basic standards of adequate care specified in Section
2711452, the family’s income, exclusive of any amounts considered
28exempt as income or paid pursuant to subdivision (e) or Section
2911453.1, determined for the prospective semiannual period
30pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
31calculated pursuant to Section 11451.5, shall be deducted from
32the sum specified in the following table, as adjusted for
33cost-of-living increases pursuant to Section 11453 and paragraph
34(2). In no case shall the amount of aid paid for each month exceed
35the sum specified in the following table, as adjusted for
36cost-of-living increases pursuant to Section 11453 and paragraph
37(2), plus any special needs, as specified in subdivisions (c), (e),
38and (f):


P37  15

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

 

16(B) If, when, and during those times that the United States
17government increases or decreases its contributions in assistance
18of needy children in this state above or below the amount paid on
19July 1, 1972, the amounts specified in the above table shall be
20increased or decreased by an amount equal to that increase or
21decrease by the United States government, provided that no
22increase or decrease shall be subject to subsequent adjustment
23pursuant to Section 11453.

24(2) The sums specified in paragraph (1) shall not be adjusted
25for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
261994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
27October 31, 1998, nor shall that amount be included in the base
28for calculating any cost-of-living increases for any fiscal year
29thereafter. Elimination of the cost-of-living adjustment pursuant
30to this paragraph shall satisfy the requirements of Section 11453.05,
31and no further reduction shall be made pursuant to that section.

32(b) (1) When the family does not include a needy child qualified
33for aid under this chapter, aid shall be paid to a pregnant child who
34is 18 years of age or younger at any time after verification of
35pregnancy, in the amount that would otherwise be paid to one
36person, as specified in subdivision (a), if the child and her child,
37if born, would have qualified for aid under this chapter. Verification
38of pregnancy shall be required as a condition of eligibility for aid
39under this subdivision.

P38   1(2) Notwithstanding paragraph (1), when the family does not
2include a needy child qualified for aid under this chapter, aid shall
3be paid to a pregnant woman for the month in which the birth is
4anticipated and for the six-month period immediately prior to the
5month in which the birth is anticipated, in the amount that would
6otherwise be paid to one person, as specified in subdivision (a), if
7the woman and child, if born, would have qualified for aid under
8this chapter. Verification of pregnancy shall be required as a
9condition of eligibility for aid under this subdivision.

10(3) Paragraph (1) shall apply only when the Cal-Learn Program
11is operative.

12(c) The amount of forty-seven dollars ($47) per month shall be
13paid to pregnant women qualified for aid under subdivision (a) or
14(b) to meet special needs resulting from pregnancy if the woman
15and child, if born, would have qualified for aid under this chapter.
16County welfare departments shall refer all recipients of aid under
17this subdivision to a local provider of the Women, Infants, and
18Children program. If that payment to pregnant women qualified
19for aid under subdivision (a) is considered income under federal
20law in the first five months of pregnancy, payments under this
21subdivision shall not apply to persons eligible under subdivision
22(a), except for the month in which birth is anticipated and for the
23three-month period immediately prior to the month in which
24delivery is anticipated, if the woman and child, if born, would have
25qualified for aid under this chapter.

26(d) For children receiving AFDC-FC under this chapter, there
27shall be paid, exclusive of any amount considered exempt as
28income, an amount of aid each month that, when added to the
29child’s income, is equal to the rate specified in Section 11460,
3011461, 11462, 11462.1, or 11463. In addition, the child shall be
31eligible for special needs, as specified in departmental regulations.

32(e) In addition to the amounts payable under subdivision (a)
33and Section 11453.1, a family shall be entitled to receive an
34allowance for recurring special needs not common to a majority
35of recipients. These recurring special needs shall include, but not
36be limited to, special diets upon the recommendation of a physician
37for circumstances other than pregnancy, and unusual costs of
38transportation, laundry, housekeeping services, telephone, and
39utilities. The recurring special needs allowance for each family
40per month shall not exceed that amount resulting from multiplying
P39   1the sum of ten dollars ($10) by the number of recipients in the
2family who are eligible for assistance.

3(f) After a family has used all available liquid resources, both
4exempt and nonexempt, in excess of one hundred dollars ($100),
5with the exception of funds deposited in a restricted account
6described in subdivision (a) of Section 11155.2, the family shall
7also be entitled to receive an allowance for nonrecurring special
8needs.

9(1) An allowance for nonrecurring special needs shall be granted
10for replacement of clothing and household equipment and for
11emergency housing needs other than those needs addressed by
12paragraph (2). These needs shall be caused by sudden and unusual
13circumstances beyond the control of the needy family. The
14department shall establish the allowance for each of the
15nonrecurring special needs items. The sum of all nonrecurring
16special needs provided by this subdivision shall not exceed six
17hundred dollars ($600) per event.

18(2) (A) Homeless assistance is available to a homeless family
19seeking shelter when the family is eligible for aid under this
20chapter. Homeless assistance for temporary shelter is also available
21to homeless families that are apparently eligible for aid under this
22chapter. Apparent eligibility exists when evidence presented by
23the applicant, or that is otherwise available to the county welfare
24department, and the information provided on the application
25documents indicate that there would be eligibility for aid under
26this chapter if the evidence and information were verified.
27However, an alien applicant who does not provide verification of
28his or her eligible alien status, or a woman with no eligible children
29who does not provide medical verification of pregnancy, is not
30apparently eligible for purposes of this section.

31(B) A family is considered homeless, for the purpose of this
32section, when the family lacks a fixed and regular nighttime
33residence; or the family has a primary nighttime residence that is
34a supervised publicly or privately operated shelter designed to
35provide temporary living accommodations; or the family is residing
36in a public or private place not designed for, or ordinarily used as,
37a regular sleeping accommodation for human beings. A family is
38also considered homeless for the purpose of this section if the
39family has received a notice to pay rent or quit. The family shall
40demonstrate that the eviction is the result of a verified financial
P40   1hardship as a result of extraordinary circumstances beyond their
2control, and not other lease or rental violations, and that the family
3is experiencing a financial crisis that could result in homelessness
4if preventative assistance is not provided.

5(3) (A) (i) A nonrecurring special needs benefit of sixty-five
6dollars ($65) a day shall be available to families of up to four
7members for the costs of temporary shelter, subject to the
8requirements of this paragraph. The fifth and additional members
9of the family shall each receive fifteen dollars ($15) per day, up
10to a daily maximum of one hundred twenty-five dollars ($125).
11County welfare departments may increase the daily amount
12available for temporary shelter as necessary to secure the additional
13bedspace needed by the family.

14(ii) This special needs benefit shall be granted or denied
15immediately upon the family’s application for homeless assistance,
16and benefits shall be available for up to three working days. The
17county welfare department shall verify the family’s homelessness
18within the first three working days and if the family meets the
19criteria of questionable homelessness established by the
20department, the county welfare department shall refer the family
21to its early fraud prevention and detection unit, if the county has
22such a unit, for assistance in the verification of homelessness within
23this period.

24(iii) After homelessness has been verified, the three-day limit
25shall be extended for a period of time which, when added to the
26initial benefits provided, does not exceed a total of 16 calendar
27days. This extension of benefits shall be done in increments of one
28week and shall be based upon searching for permanent housing
29which shall be documented on a housing search form, good cause,
30or other circumstances defined by the department. Documentation
31of a housing search shall be required for the initial extension of
32benefits beyond the three-day limit and on a weekly basis thereafter
33as long as the family is receiving temporary shelter benefits. Good
34cause shall include, but is not limited to, situations in which the
35county welfare department has determined that the family, to the
36extent it is capable, has made a good faith but unsuccessful effort
37to secure permanent housing while receiving temporary shelter
38benefits.

39(B) (i) A nonrecurring special needs benefit for permanent
40housing assistance is available to pay for last month’s rent and
P41   1security deposits when these payments are reasonable conditions
2of securing a residence, or to pay for up to two months of rent
3arrearages, when these payments are a reasonable condition of
4preventing eviction.

5(ii) The last month’s rent or monthly arrearage portion of the
6payment (I) shall not exceed 80 percent of the family’s total
7monthly household income without the value of CalFresh benefits
8or special needs benefit for a family of that size and (II) shall only
9be made to families that have found permanent housing costing
10no more than 80 percent of the family’s total monthly household
11income without the value of CalFresh benefits or special needs
12benefit for a family of that size.

13(iii) However, if the county welfare department determines that
14a family intends to reside with individuals who will be sharing
15housing costs, the county welfare department shall, in appropriate
16circumstances, set aside the condition specified in subclause (II)
17of clause (ii).

18(C) The nonrecurring special needs benefit for permanent
19housing assistance is also available to cover the standard costs of
20deposits for utilities which are necessary for the health and safety
21of the family.

22(D) A payment for or denial of permanent housing assistance
23shall be issued no later than one working day from the time that a
24family presents evidence of the availability of permanent housing.
25If an applicant family provides evidence of the availability of
26permanent housing before the county welfare department has
27established eligibility for aid under this chapter, the county welfare
28department shall complete the eligibility determination so that the
29denial of or payment for permanent housing assistance is issued
30within one working day from the submission of evidence of the
31availability of permanent housing, unless the family has failed to
32provide all of the verification necessary to establish eligibility for
33aid under this chapter.

34(E) (i) Except as provided in clauses (ii) and (iii), eligibility
35for the temporary shelter assistance and the permanent housing
36assistance pursuant to this paragraph shall be limited to one period
37of up to 16 consecutive calendar days of temporary assistance and
38one payment of permanent assistance every 12 months. A person
39who applies for homeless assistance benefits shall be informed
40that the temporary shelter benefit of up to 16 consecutive days is
P42   1available only once every 12 months, with certain exceptions, and
2that a break in the consecutive use of the benefit constitutes
3exhaustion of the temporary benefit for that 12-month period.

4(ii) A family that becomes homeless as a direct and primary
5result of a state or federally declared natural disaster shall be
6eligible for temporary and permanent homeless assistance.

7(iii) A family shall be eligible for temporary and permanent
8homeless assistance when homelessness is a direct result of
9domestic violence by a spouse, partner, or roommate; physical or
10mental illness that is medically verified that shall not include a
11diagnosis of alcoholism, drug addiction, or psychological stress;
12or, the uninhabitability of the former residence caused by sudden
13and unusual circumstances beyond the control of the family
14including natural catastrophe, fire, or condemnation. These
15circumstances shall be verified by a third-party governmental or
16private health and human services agency, except that domestic
17violence may also be verified by a sworn statement by the victim,
18as provided under Section 11495.25. Homeless assistance payments
19based on these specific circumstances may not be received more
20often than once in any 12-month period. In addition, if the domestic
21violence is verified by a sworn statement by the victim, the
22homeless assistance payments shall be limited to two periods of
23not more than 16 consecutive calendar days of temporary assistance
24and two payments of permanent assistance. A county may require
25that a recipient of homeless assistance benefits who qualifies under
26this paragraph for a second time in a 24-month period participate
27in a homelessness avoidance case plan as a condition of eligibility
28for homeless assistance benefits. The county welfare department
29shall immediately inform recipients who verify domestic violence
30by a sworn statement of the availability of domestic violence
31counseling and services, and refer those recipients to services upon
32request.

33(iv) If a county requires a recipient who verifies domestic
34violence by a sworn statement to participate in a homelessness
35avoidance case plan pursuant to clause (iii), the plan shall include
36the provision of domestic violence services, if appropriate.

37(v) If a recipient seeking homeless assistance based on domestic
38violence pursuant to clause (iii) has previously received homeless
39avoidance services based on domestic violence, the county shall
40review whether services were offered to the recipient and consider
P43   1what additional services would assist the recipient in leaving the
2domestic violence situation.

3(vi) The county welfare department shall report necessary data
4to the department through a statewide homeless assistance payment
5indicator system, as requested by the department, regarding all
6recipients of aid under this paragraph.

7(F) The county welfare departments, and all other entities
8participating in the costs of the CalWORKs program, have the
9right in their share to any refunds resulting from payment of the
10permanent housing. However, if an emergency requires the family
11to move within the 12-month period specified in subparagraph
12(E), the family shall be allowed to use any refunds received from
13its deposits to meet the costs of moving to another residence.

14(G) Payments to providers for temporary shelter and permanent
15housing and utilities shall be made on behalf of families requesting
16these payments.

17(H) The daily amount for the temporary shelter special needs
18benefit for homeless assistance may be increased if authorized by
19the current year’s Budget Act by specifying a different daily
20allowance and appropriating the funds therefor.

21(I) No payment shall be made pursuant to this paragraph unless
22the provider of housing is a commercial establishment, shelter, or
23person in the business of renting properties who has a history of
24renting properties.

25(g) The department shall establish rules and regulations ensuring
26the uniform statewide application of this section.

27(h) The department shall notify all applicants and recipients of
28aid through the standardized application form that these benefits
29are available and shall provide an opportunity for recipients to
30apply for the funds quickly and efficiently.

31(i) (A) Except for the purposes of Section 15200, the amounts
32payable to recipients pursuant to Section 11453.1 shall not
33constitute part of the payment schedule set forth in subdivision
34(a).

35(B) The amounts payable to recipients pursuant to Section
3611453.1 shall not constitute income to recipients of aid under this
37section.

38(j) For children receiving Kin-GAP pursuant to Article 4.5
39(commencing with Section 11360) or Article 4.7 (commencing
40with Section 11385) there shall be paid, exclusive of any amount
P44   1considered exempt as income, an amount of aid each month, which,
2when added to the child’s income, is equal to the rate specified in
3Sections 11364 and 11387.

4(k) (1) A county shall implement the semiannual reporting
5requirements in accordance with Chapter 501 of the Statutes of
62011 no later than October 1, 2013.

7(2) Upon completion of the implementation described in
8paragraph (1), each county shall provide a certificate to the director
9certifying that semiannual reporting has been implemented in the
10county.

11(3) Upon filing the certificate described in paragraph (2), a
12county shall comply with the semiannual reporting provisions of
13this section.

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

15

SEC. 17.  

Section 11450.025 of the Welfare and Institutions
16Code
is amended to read:

17

11450.025.  

(a) (1) Notwithstanding any other law, effective
18on March 1, 2014, the maximum aid payments in effect on July
191, 2012, as specified in subdivision (b) of Section 11450.02, shall
20be increased by 5 percent.

21(2) Effective April 1, 2015, the maximum aid payments in effect
22on July 1, 2014, as specified in paragraph (1), shall be increased
23by 5 percent.

24(3) Effective October 1, 2016, the maximum aid payments in
25effect on July 1, 2016, as specified in paragraph (2), shall be
26increased by 1.43 percent.

27(4) (A) Effective January 1, 2017, households eligible for aid
28under this chapter shall receive an increased aid payment consistent
29with the repeal of former Section 11450.04, as it read on January
301, 2016, known as the “maximum family grant rule.”

31(B) In recognition of the increased cost of aid payments resulting
32from that repeal, moneys deposited into the Child Poverty and
33Family Supplemental Support Subaccount shall be allocated to
34counties pursuant to Section 17601.50 as follows:

35(i) One hundred seven million forty-seven thousand dollars
36($107,047,000) for January 1, 2017, to June 30, 2017, inclusive.

37(ii) Two hundred twenty-three million four hundred fifty-four
38thousand dollars ($223,454,000) for the 2017-18 fiscal year and
39for every fiscal year thereafter.

P45   1(b) Commencing in 2014 and annually thereafter, on or before
2January 10 and on or before May 14, the Director of Finance shall
3do all of the following:

4(1) Estimate the amount of growth revenues pursuant to
5subdivision (f) of Section 17606.10 that will be deposited in the
6Child Poverty and Family Supplemental Support Subaccount of
7the Local Revenue Fund for the current fiscal year and the
8following fiscal year and the amounts in the subaccount carried
9over from prior fiscal years.

10(2) For the current fiscal year and the following fiscal year,
11determine the total cost of providing the increases described in
12subdivision (a), as well as any other increase in the maximum aid
13payments subsequently provided only under this section, after
14adjusting for updated projections of CalWORKs costs associated
15with caseload changes, as reflected in the local assistance
16subvention estimates prepared by the State Department of Social
17Services and released with the annual Governor’s Budget and
18subsequent May Revision update.

19(3) If the amount estimated in paragraph (1) plus the amount
20projected to be deposited for the current fiscal year into the Child
21Poverty and Family Supplemental Support Subaccount pursuant
22to subparagraph (3) of subdivision (e) of Section 17600.15 is
23greater than the amount determined in paragraph (2), the difference
24shall be used to calculate the percentage increase to the CalWORKs
25maximum aid payment standards that could be fully funded on an
26ongoing basis beginning the following fiscal year.

27(4) If the amount estimated in paragraph (1) plus the amount
28projected to be deposited for the current fiscal year into the Child
29Poverty and Family Supplemental Support Subaccount pursuant
30to subparagraph (3) of subdivision (e) of Section 17600.15 is equal
31to or less than the amount determined in paragraph (2), no
32additional increase to the CalWORKs maximum aid payment
33standards shall be provided in the following fiscal year in
34accordance with this section.

35(5) (A) Commencing with the 2014-15 fiscal year and for all
36fiscal years thereafter, if changes to the estimated amounts
37determined in paragraphs (1) or (2), or both, as of the May
38Revision, are enacted as part of the final budget, the Director of
39Finance shall repeat, using the same methodology used in the May
40Revision, the calculations described in paragraphs (3) and (4) using
P46   1the revenue projections and grant costs assumed in the enacted
2budget.

3(B) If a calculation is required pursuant to subparagraph (A),
4the Department of Finance shall report the result of this calculation
5to the appropriate policy and fiscal committees of the Legislature
6upon enactment of the Budget Act.

7(c) An increase in maximum aid payments calculated pursuant
8to paragraph (3) of subdivision (b), or pursuant to paragraph (5)
9of subdivision (b) if applicable, shall become effective on October
10 1 of the following fiscal year.

11(d) (1) An increase in maximum aid payments provided in
12accordance with this section shall be funded with growth revenues
13from the Child Poverty and Family Supplemental Support
14Subaccount in accordance with paragraph (3) of subdivision (e)
15of Section 17600.15 and subdivision (f) of Section 17606.10, to
16the extent funds are available in that subaccount.

17(2) If funds received by the Child Poverty and Family
18Supplemental Support Subaccount in a particular fiscal year are
19insufficient to fully fund any increases to maximum aid payments
20made pursuant to this section, the remaining cost for that fiscal
21year will be addressed through existing provisional authority
22included in the annual Budget Act. Additional increases to the
23maximum aid payments shall not be provided until and unless the
24ongoing cumulative costs of all prior increases provided pursuant
25to this section are fully funded by the Child Poverty and Family
26Supplemental Support Subaccount.

27(e) Notwithstanding Section 15200, counties shall not be
28required to contribute a share of the costs to cover the increases
29to maximum aid payments made pursuant to this section.

30

SEC. 18.  

Section 11450.04 of the Welfare and Institutions
31Code
is amended to read:

32

11450.04.  

(a) For purposes of determining the maximum aid
33payment specified in subdivision (a) of Section 11450 and for no
34other purpose, the number of needy persons in the same family
35shall not be increased for any child born into a family that has
36received aid under this chapter continuously for the 10 months
37prior to the birth of the child. For purposes of this section, aid shall
38be considered continuous unless the family does not receive aid
39during two consecutive months. This subdivision shall not apply
P47   1to applicants for, or recipients of, aid unless notification is provided
2pursuant to this section.

3(b) This section shall not apply with respect to any of the
4following children:

5(1) Any child who was conceived as a result of an act of rape,
6as defined in Sections 261 and 262 of the Penal Code, if the rape
7was reported to a law enforcement agency, medical or mental
8health professional or social services agency prior to, or within
9three months after, the birth of the child.

10(2) Any child who was conceived as a result of an incestuous
11relationship if the relationship was reported to a medical or mental
12health professional or a law enforcement agency or social services
13agency prior to, or within three months after, the birth of the child,
14or if paternity has been established.

15(3) Any child who was conceived as a result of contraceptive
16failure if the parent was using an intrauterine device, a Norplant,
17or the sterilization of either parent.

18(c) This section shall not apply to any child born on or before
19November 1, 1995.

20(d) (1) This section shall not apply to any child to whom it
21would otherwise apply if the family has not received aid for 24
22consecutive months while the child was living with the family.

23(2) This section shall not apply to any child conceived when
24either parent was a nonneedy caretaker relative.

25(3) This section shall not apply to any child who is no longer
26living in the same home with either parent.

27(e) One hundred percent of any child support payment received
28for a child born into the family, but for whom the maximum aid
29payment is not increased pursuant to this section, shall be paid to
30the assistance unit. Any such child support payment shall not be
31considered as income to the family for the purpose of calculating
32the amount of aid for which the family is eligible under this article.

33(f) Commencing January 1, 1995, each county welfare
34department shall notify applicants for assistance under this chapter,
35in writing, of the provisions of this section. The notification shall
36also be provided to recipients of aid under this chapter, in writing,
37at the time of recertification, or sooner. The notification required
38by this section shall set forth the provisions of this section and
39shall state explicitly the impact these provisions would have on
40the future aid to the assistance unit. This section shall not apply
P48   1to any recipient’s child earlier than 12 months after the mailing of
2an informational notice as required by this subdivision.

3(g) (1) The department shall seek all appropriate federal waivers
4for the implementation of this section.

5(2) The department shall implement this section commencing
6on the date the Director of Social Services executes a declaration,
7that shall be retained by the director, stating that the administrative
8actions required by paragraph (1) as a condition of implementation
9of this section have been taken by the United States Secretary of
10Health and Human Services.

11(h) Subdivisions (a) to (g), inclusive, shall become operative
12on January 1, 1995.

13(i) This section shall remain in effect only until January 1, 2017,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2017, deletes or extends that date.

16

SEC. 19.  

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

18

11461.3.  

(a) The Approved Relative Caregiver Funding Option
19Program is hereby established for the purpose of making the
20amount paid to approved relative caregivers for the in-home care
21of children placed with them who are ineligible for AFDC-FC
22payments equal to the amount paid on behalf of children who are
23eligible for AFDC-FC payments. This is an optional program for
24counties choosing to participate, and in so doing, participating
25counties agree to the terms of this section as a condition of their
26participation. It is the intent of the Legislature that the funding
27described in paragraph (1) of subdivision (g) for the Approved
28Relative Caregiver Funding Option Program be appropriated, and
29available for use from January through December of each year,
30unless otherwise specified.

31(b) Subject to subdivision (e), effective January 1, 2015,
32participating counties shall pay an approved relative caregiver a
33per child per month rate in return for the care and supervision, as
34defined in subdivision (b) of Section 11460, of a child that is placed
35with the relative caregiver that is equal to the basic rate paid to
36foster care providers pursuant to subdivision (g) of Section 11461,
37if both of the following conditions are met:

38(1) The county with payment responsibility has notified the
39department in writing by October 1 of the year before participation
P49   1begins of its decision to participate in the Approved Relative
2Caregiver Funding Option Program.

3(2) The related child placed in the home meets all of the
4following requirements:

5(A) The child resides in California.

6(B) The child is described by subdivision (b), (c), or (e) of
7Section 11401 and the county welfare department or the county
8probation department is responsible for the placement and care of
9the child.

10(C) The child is not eligible for AFDC-FC while placed with
11the approved relative caregiver because the child is not eligible
12for federal financial participation in the AFDC-FC payment.

13(c) Any income or benefits received by an eligible child or the
14approved relative caregiver on behalf of the eligible child that
15would be offset against the basic rate paid to a foster care provider
16pursuant to subdivision (g) of Section 11461, shall be offset from
17any funds that are not CalWORKs funds paid to the approved
18relative caregiver pursuant to this section.

19(d) Participating counties shall recoup an overpayment in the
20Approved Relative Caregiver Funding Option Program received
21by an approved relative caregiver using the standards and processes
22for overpayment recoupment that are applicable to overpayments
23to an approved home of a relative, as specified in Section 11466.24.
24Recouped overpayments shall not be subject to remittance to the
25federal government. Any overpaid funds that are collected by the
26participating counties shall be remitted to the state after subtracting
27both of the following:

28(1) An amount not to exceed the county share of the CalWORKs
29portion of the Approved Relative Caregiver Funding Option
30Program payment, if any.

31(2) Any other county funds that were included in the Approved
32Relative Caregiver Funding Option Program payment.

33(e) A county’s election to participate in the Approved Relative
34Caregiver Funding Option Program shall affirmatively indicate
35that the county understands and agrees to all of the following
36conditions:

37(1) Commencing October 1, 2014, the county shall notify the
38department in writing of its decision to participate in the Approved
39Relative Caregiver Funding Option Program. Failure to make
40timely notification, without good cause as determined by the
P50   1department, shall preclude the county from participating in the
2program for the upcoming calendar year. Annually thereafter, any
3county not already participating who elects to do so shall notify
4the department in writing no later than October 1 of its decision
5to participate for the upcoming calendar year.

6(2) The county shall confirm that it will make per child per
7month payments to all approved relative caregivers on behalf of
8eligible children in the amount specified in subdivision (b) for the
9duration of the participation of the county in this program.

10(3) The county shall confirm that it will be solely responsible
11to pay any additional costs needed to make all payments pursuant
12to subdivision (b) if the state and federal funds allocated to the
13Approved Relative Caregiver Funding Option Program pursuant
14to paragraph (1) of subdivision(g) are insufficient to make all
15eligible payments.

16(f) (1) A county deciding to opt out of the Approved Relative
17Caregiver Funding Option Program shall provide at least 120 days’
18prior written notice of that decision to the department. Additionally,
19the county shall provide at least 90 days’ prior written notice to
20the approved relative caregiver or caregivers informing them that
21his or her per child per month payment will be reduced and the
22date that the reduction will occur.

23(2) The department shall presume that all counties have opted
24out of the Approved Relative Caregiver Funding Option Program
25if the funding appropriated for the current 12-month period is
26reduced below the amount specified in subparagraph (B),
27subparagraph (C), or subparagraph (D) of paragraph(2) of
28subdivision (g) for that 12-month period, unless a county notifies
29the department in writing of its intent to opt in within 60 days of
30enactment of the State Budget. The counties shall provide at least
3190 days’ prior written notice to the approved relative caregiver or
32caregivers informing them that his or her per child per month
33payment will be reduced, and the date that reduction will occur.

34(3) Any reduction in payments received by an approved relative
35caregiver on behalf of a child under this section that results from
36a decision by a county, including the presumed opt-out pursuant
37to paragraph (2), to not participate in the Approved Relative
38Caregiver Funding Option Program shall be exempt from state
39hearing jurisdiction under Section 10950.

P51   1(g) (1) The following funding shall be used for the Approved
2Relative Caregiver Funding Option Program:

3(A) The applicable regional per-child CalWORKs grant, in
4accordance with subdivision (a) of Section 11253.4.

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

6(C) County funds only to the extent required under paragraph
7(3) of subdivision (e).

8(D) Funding described in subparagraphs (A) and (B) is intended
9to fully fund the base caseload of approved relative caregivers,
10which is defined as the number of approved relative caregivers
11caring for a child who is not eligible to receive AFDC-FC
12payments, as of July 1, 2014.

13(2) The following amount is hereby appropriated from the
14General Fund as follows:

15(A) The sum of fifteen million dollars ($15,000,000), for the
16period of January 1, 2015, to June 30, 2015, inclusive.

17(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
18there shall be appropriated an amount equal to the sum of all of
19the following:

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

22(ii) The amount necessary to increase or decrease the
23CalWORKs funding associated with the base caseload described
24in subparagraph (D) of paragraph (1) to reflect any change from
25the prior fiscal year in the applicable regional per-child CalWORKs
26grant described in subparagraph (A) of paragraph (1).

27(iii) The additional amount necessary to fully fund the base
28caseload described in subparagraph (D) of paragraph (1), reflective
29of the annual California Necessities Index increase to the basic
30rate paid to foster care providers.

31(C) For every 12-month period thereafter, commencing with
32the period of July 1, 2016, to June 30, 2017, inclusive, the sum of
33all of the following shall be appropriated for purposes of this
34section:

35(i) The total General Fund amount provided pursuant to this
36paragraph for the previous 12-month period.

37(ii) The amount necessary to increase or decrease the
38CalWORKs funding associated with the base caseload described
39in subparagraph (D) of paragraph (1) to reflect any change from
P52   1the prior fiscal year in the applicable regional per-child CalWORKs
2grant described in subparagraph (A) of paragraph (1).

3(iii) The additional amount necessary to fully fund the base
4caseload described in subparagraph (D) of paragraph (1), reflective
5of the annual California Necessities Index increase to the basic
6rate paid to foster care providers.

7(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
8and clauses (ii) and (iii) of subparagraph (C), the total General
9Fund appropriation made pursuant to subparagraph (B) shall not
10be less than the greater of the following amounts:

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

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

14(3) To the extent that the appropriation made by subparagraph
15(A) of paragraph (2) is insufficient to fully fund the base caseload
16of approved relative caregivers as of July 1, 2014, as described in
17subparagraph (D) of paragraph (1), for the period of January 1,
182015, to June 30, 2015, inclusive, as jointly determined by the
19department and the County Welfare Directors’ Association and
20approved by the Department of Finance on or before October 1,
212015, the amount specified in subparagraph (A) of paragraph (2)
22shall be increased by the amount necessary to fully fund that base
23caseload.

24(4) Funds available pursuant to paragraph (2) shall be allocated
25to participating counties proportionate to the number of their
26approved relative caregiver placements, using a methodology and
27timing developed by the department, following consultation with
28county human services agencies and their representatives.

29(5) Notwithstanding subdivision (e), if in any calendar year the
30entire amount of funding appropriated by the state for the Approved
31Relative Caregiver Funding Option Program has not been fully
32allocated to or utilized by participating counties, a participating
33county that has paid any funds pursuant to subparagraph (C) of
34paragraph (1) of subdivision (g) may request reimbursement for
35those funds from the department. The authority of the department
36to approve the requests shall be limited by the amount of available
37unallocated funds.

38(h) An approved relative caregiver receiving payments on behalf
39of a child pursuant to this section shall not be eligible to receive
P53   1additional CalWORKs payments on behalf of the same child under
2Section 11450.

3(i) To the extent permitted by federal law, payments received
4by the approved relative caregiver from the Approved Relative
5Caregiver Funding Option Program shall not be considered income
6for the purpose of determining other public benefits.

7(j) Prior to referral of any individual or recipient, or that person’s
8case, to the local child support agency for child support services
9pursuant to Section 17415 of the Family Code, the county human
10services agency shall determine if an applicant or recipient has
11good cause for noncooperation, as set forth in Section 11477.04.
12If the applicant or recipient claims good cause exception at any
13subsequent time to the county human services agency or the local
14child support agency, the local child support agency shall suspend
15child support services until the county social services agency
16determines the good cause claim, as set forth in Section 11477.04.
17If good cause is determined to exist, the local child support agency
18shall suspend child support services until the applicant or recipient
19requests their resumption, and shall take other measures that are
20necessary to protect the applicant or recipient and the children. If
21the applicant or recipient is the parent of the child for whom aid
22is sought and the parent is found to have not cooperated without
23good cause as provided in Section 11477.04, the applicant’s or
24recipient’s family grant shall be reduced by 25 percent for the time
25the failure to cooperate lasts.

26(k) Consistent with Section 17552 of the Family Code, if aid is
27paid under this chapter on behalf of a child who is under the
28jurisdiction of the juvenile court and whose parent or guardian is
29receiving reunification services, the county human services agency
30shall determine, prior to referral of the case to the local child
31support agency for child support services, whether the referral is
32in the best interest of the child, taking into account both of the
33following:

34(1) Whether the payment of support by the parent will pose a
35barrier to the proposed reunification in that the payment of support
36will compromise the parent’s ability to meet the requirements of
37the parent’s reunification plan.

38(2) Whether the payment of support by the parent will pose a
39barrier to the proposed reunification in that the payment of support
P54   1will compromise the parent’s current or future ability to meet the
2financial needs of the child.

3(l) Effective January 1, 2017, if a relative has been approved as
4a resource family pursuant to Section 16519.5, the approved
5relative shall be paid an amount equal to the resource family basic
6rate at the child’s assessed level of care as set forth in subdivision
7(g) of Section 11461 and Section 11463.

8

SEC. 20.  

Section 11461.4 is added to the Welfare and
9Institutions Code
, to read:

10

11461.4.  

(a) Notwithstanding any other law, a tribe that has
11entered into an agreement pursuant to Section 10553.1 may, subject
12to the provisions of this section, elect to participate in the Tribal
13Approved Relative Caregiver Funding Option Program.

14(b) (1) In return for the care and supervision of a child placed
15with an approved relative caregiver, a participating tribe shall pay
16the approved relative caregiver a per child per month rate that,
17when added to the tribal Temporary Aid to Needy Families (tribal
18TANF) benefit received by the approved relative caregiver on
19behalf of the child, shall equal the basic rate paid to a foster care
20provider pursuant to subdivision (g) of Section 11461.

21(2) Payments made pursuant to paragraph (1) shall be made
22only if all of the following conditions exist:

23(A) The tribe has notified the department in writing of its
24decision to participate in the program, consistent with subdivision
25(c).

26(B) The child has been removed from the parent or guardian
27and has been placed into the placement and care responsibility of
28the tribal child welfare agency pursuant to a voluntary placement
29agreement or by the tribal court, consistent with the tribe’s Title
30IV-E agreement.

31(C) The child resides within California.

32(D) The caregiver is receiving tribal TANF payments, or an
33application for tribal TANF has been made, on behalf of the child.

34(E) The child is not eligible for AFDC-FC while placed with
35the approved relative caregiver because the child is not eligible
36for federal financial participation in the AFDC-FC payment.

37(3) Any income or benefits received by an eligible child, or by
38the approved relative caregiver on behalf of an eligible child, which
39would be offset against a payment made to a foster care provider,
40shall be offset from the amount paid by the tribe under the program.
P55   1This paragraph shall not apply to any tribal TANF payments
2received on behalf of an eligible child.

3(4) An approved relative caregiver receiving payments on behalf
4of a child pursuant to this section shall not be eligible to receive
5CalWORKs payments on behalf of the same child under Section
611450.

7(5) To the extent permitted by federal law, payments received
8by the approved relative caregiver from the program shall not be
9considered income for the purpose of determining other public
10benefits.

11(c) (1) (A) A tribe electing to participate in the program in the
122016-17 fiscal year shall notify the department on or before
13October 1, 2016, that it intends to begin participation. Failure to
14make timely notification, without good cause as determined by
15the department, shall preclude the tribe from participating in the
16program for the 2016-17 fiscal year.

17(B) In any fiscal year after the 2016-17 fiscal year, a tribe
18electing to participate in the program shall notify the department
19on or before January 1 that it intends to begin participation on or
20after the following July 1. Failure to make timely notification,
21without good cause as determined by the department, shall preclude
22the tribe from participating in the program for the upcoming fiscal
23year.

24(2) As a condition of opting into the program, the tribe shall do
25all of the following:

26(A) Provide to the department the tribal TANF maximum aid
27payment (MAP) rate in effect at the time that the tribe elects to
28participate in the program, consistent with the tribe’s approved
29tribal TANF plan.

30(B) Provide data necessary, as determined by the department
31in consultation with the tribe, to determine the base caseload for
32the tribe as of July 1, 2016, consistent with subdivision (d).

33(C) Agree to recoup overpayments to an approved relative
34caregiver utilizing the standards for determining whether an
35overpayment is recoupable, and the processes for overpayment
36recoupment, that are applicable to overpayments as described in
37the tribe’s Title IV-E agreement entered into pursuant to Section
3810553.1.

39(D) Agree that the tribe shall be solely responsible for any
40additional costs incurred in making payments under this section
P56   1in the event that the funds allocated to a tribe from the
2appropriation made by the Legislature for the tribe’s participation
3in the program are not sufficient to fully fund all payments
4specified in paragraph (1) of subdivision (b).

5(E) Agree to make child support referrals for program cases,
6consistent with processes applied by the tribe to Title IV-E program
7cases.

8(3) The participating tribe shall provide the information specified
9in subparagraphs (A) and (B) of paragraph (2) at least 60 days
10prior to the date the tribe will begin participating in the program.

11(d) (1) In consultation with the participating tribe, the
12department shall determine the initial base caseload of the
13participating tribe, using the most recent available data provided
14by the tribe.

15(2) The department shall determine the amount necessary to
16fund the base caseload of the participating tribe. The allocation
17methodology shall consider the tribal TANF rate of the
18participating tribe in effect on July 1, 2016.

19(e) (1) A tribe electing to opt out of the program shall provide
20at least 120 days’ prior written notice of that election to the
21department and at least 90 days’ prior written notice to all approved
22relative caregivers to whom the tribe is making payments under
23the program. The notice to caregivers shall specify the date on
24 which the per child per month payment will be reduced and the
25date the tribe’s participation in the program will cease.

26(2) If the Legislature, for any given fiscal year, appropriates an
27amount less than that specified in paragraph (2) of subdivision (f),
28the department shall presume that all participating tribes have
29opted out of the program for that fiscal year unless a tribe notifies
30the department in writing of its intent to opt in within 60 days of
31the enactment of the annual Budget Act. A tribe that does not elect
32to continue participating in the program shall provide the notice
33to caregivers specified in paragraph (1).

34(3) A tribe that has opted out of the program for any reason may
35resume participating in the program on July 1 of any year, upon
36providing the department with written notice on or before the
37preceding March 1 of its intent to resume participation.

38(f) (1) (A) The following funding shall be used for the program:

39(i) The tribe’s applicable per-child tribal TANF grant at the
40MAP rate in effect on July 1, 2016.

P57   1(ii) General Fund resources, as specified in paragraph (2).

2(iii) Tribal funds only to the extent required under subparagraph
3(D) of paragraph (2) of subdivision (c).

4(B) Funding described in clauses (i) and (ii) of subparagraph
5(A) is intended to fully fund the base caseload of approved relative
6caregivers, which is defined as the number of approved relative
7caregivers caring for a child who is not eligible to receive
8AFDC-FC payments as of July 1, 2016.

9(2) The following amounts are hereby appropriated from the
10General Fund:

11(A) For the 2016-17 fiscal year, the sum sufficient to fund the
12initial base caseload, as determined in subdivision (d), for tribes
13eligible for participation as of July 1, 2016.

14(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
15the sum of the following:

16(i) The total General Fund amount appropriated for the purposes
17of this section for the previous fiscal year.

18(ii) The additional amount necessary to fully fund the base
19caseload described in subparagraph (B) of paragraph (1), reflective
20of the annual California Necessities Index increase to the basic
21rate paid to foster care providers pursuant to subdivision (g) of
22Section 11461.

23(3) Funds specified in paragraph (2) shall be allocated to
24participating tribes proportionate to their number of approved
25relative caregiver placements, using a methodology and timing
26developed by the department, following consultation with
27participating tribes.

28(4) Notwithstanding subdivision (c), if in any fiscal year the
29entire amount of funding appropriated by the Legislature for the
30program has not been fully allocated to, or utilized by, participating
31tribes, a participating tribe that has paid any funds pursuant to
32subparagraph (D) of paragraph (2) of subdivision (c) may request
33reimbursement for those funds from the department. The authority
34of the department to approve the requests shall be limited by the
35amount of available unallocated funds.

36(g) If more than two eligible tribes elect to participate in the
37program and, as a result, the appropriation made pursuant to
38subdivision (f) is insufficient to fully fund the base caseload of
39approved relative caregivers, as jointly determined by the
40department and the participating tribes and approved by the
P58   1Department of Finance, the amount specified in subdivision (f)
2shall be increased by the amount necessary to fully fund that base
3caseload.

4(h) For the purposes of this section, the following definitions
5apply:

6(1) “Basic foster care rate” means the monthly rate paid to foster
7care providers pursuant to subdivision (g) of Section 11461.

8(2) “Program” means the Tribal Approved Relative Caregiver
9Funding Option Program established in this section.

10(3) “Relative” means an adult who is related to the child by
11blood, adoption, or affinity within the fifth degree of kinship,
12including stepparents, stepsiblings, and all relatives whose status
13is preceded by the words “great,” “great-great,” or “grand,” or the
14spouse of any of these persons even if the marriage was terminated
15by death or dissolution, or as otherwise established consistent with
16the tribe’s Title IV-E agreement.

17(4) “Tribe” means a federally-recognized Indian tribe,
18consortium of tribes, or tribal organization with an agreement
19pursuant to Section 10553.1.

20

SEC. 21.  

Section 11465 of the Welfare and Institutions Code
21 is amended to read:

22

11465.  

(a) When a child is living with a parent who receives
23AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
24behalf of the parent shall include an amount for care and
25supervision of the child.

26(b) For each category of eligible licensed community care
27facility, as defined in Section 1502 of the Health and Safety Code,
28the department shall adopt regulations setting forth a uniform rate
29to cover the cost of care and supervision of the child in each
30category of eligible licensed community care facility.

31(c) (1) On and after July 1, 1998, the uniform rate to cover the
32cost of care and supervision of a child pursuant to this section shall
33be increased by 6 percent, rounded to the nearest dollar. The
34resultant amounts shall constitute the new uniform rate.

35(2) (A) On and after July 1, 1999, the uniform rate to cover the
36cost of care and supervision of a child pursuant to this section shall
37be adjusted by an amount equal to the California Necessities Index
38computed pursuant to Section 11453, rounded to the nearest dollar.
39The resultant amounts shall constitute the new uniform rate, subject
40to further adjustment pursuant to subparagraph (B).

P59   1(B) In addition to the adjustment specified in subparagraph (A),
2on and after January 1, 2000, the uniform rate to cover the cost of
3care and supervision of a child pursuant to this section shall be
4increased by 2.36 percent, rounded to the nearest dollar. The
5resultant amounts shall constitute the new uniform rate.

6(3) Subject to the availability of funds, for the 2000-01 fiscal
7year and annually thereafter, these rates shall be adjusted for cost
8of living pursuant to procedures in Section 11453.

9(4) On and after January 1, 2008, the uniform rate to cover the
10cost of care and supervision of a child pursuant to this section shall
11be increased by 5 percent, rounded to the nearest dollar. The
12resulting amount shall constitute the new uniform rate.

13(5) Commencing July 1, 2016, the uniform rate to cover the
14cost of care and supervision of a child pursuant to this section shall
15be supplemented by an additional monthly amount of four hundred
16eighty-nine dollars ($489). This monthly supplement shall only
17be provided if funding for this purpose is appropriated in the annual
18Budget Act.

19(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
20payment made pursuant to this section for care and supervision of
21a child who is living with a teen parent in a whole family foster
22home, as defined in Section 11400, shall equal the basic rate for
23children placed in a licensed or approved home as specified in
24subdivisions (a) to (d), inclusive, and subdivision (g), of Section
2511461.

26(2) (A) The amount paid for care and supervision of a dependent
27infant living with a dependent teen parent receiving AFDC-FC
28benefits in a group home placement shall equal the infant
29supplement rate for group home placements.

30(B) Commencing January 1, 2017, the amount paid for care and
31supervision of a dependent infant living with a dependent teenage
32parent receiving AFDC-FC benefits in a short-term residential
33treatment center shall equal the infant supplement rate for
34short-term residential treatment centers established by the
35department.

36(3) (A) The caregiver shall provide the county child welfare
37agency or probation department with a copy of the shared
38responsibility plan developed pursuant to Section 16501.25 and
39shall advise the county child welfare agency or probation
40department of any subsequent changes to the plan. Once the plan
P60   1has been completed and provided to the appropriate agencies, the
2payment made pursuant to this section shall be increased by an
3additional two hundred dollars ($200) per month to reflect the
4increased care and supervision while he or she is placed in the
5whole family foster home.

6(B) A nonminor dependent parent residing in a supervised
7independent living placement, as defined in subdivision (w) of
8Section 11400, who develops a written parenting support plan
9pursuant to Section 16501.26 shall provide the county child welfare
10agency or probation department with a copy of the plan and shall
11advise the county child welfare agency or probation department
12of any subsequent changes to the plan. The payment made pursuant
13to this section shall be increased by an additional two hundred
14dollars ($200) per month after all of the following have been
15satisfied:

16(i) The plan has been completed and provided to the appropriate
17county agency.

18(ii) The plan has been approved by the appropriate county
19agency.

20(iii) The county agency has determined that the identified
21responsible adult meets the criteria specified in Section 16501.27.

22(4) In a year in which the payment provided pursuant to this
23section is adjusted for the cost of living as provided in paragraph
24(1) of subdivision (c), the payments provided for in this subdivision
25shall also be increased by the same procedures.

26(5) A Kin-GAP relative who, immediately prior to entering the
27Kin-GAP program, was designated as a whole family foster home
28shall receive the same payment amounts for the care and
29supervision of a child who is living with a teen parent they received
30in foster care as a whole family foster home.

31(6) On and after January 1, 2012, the rate paid for a child living
32with a teen parent in a whole family foster home as defined in
33Section 11400 shall also be paid for a child living with a nonminor
34dependent parent who is eligible to receive AFDC-FC or Kin-GAP
35pursuant to Section 11403.

36

SEC. 22.  

Section 12201.06 is added to the Welfare and
37Institutions Code
, immediately following Section 12201.05, to
38read:

39

12201.06.  

Commencing January 1, 2017, the amount of aid
40paid pursuant to this article, in effect on December 31, 2016, less
P61   1the federal benefit portion received under Part A of Title XVI of
2the federal Social Security Act, shall be increased by 2.76 percent.

3

SEC. 23.  

Section 12301.02 of the Welfare and Institutions
4Code
is amended to read:

5

12301.02.  

(a) (1) Notwithstanding any other law, except as
6provided in subdivisions (c) and (e), the department shall
7implement a 7-percent reduction in hours of service to each
8recipient of services under this article, which shall be applied to
9the recipient’s hours as authorized pursuant to the most recent
10assessment. This reduction shall become effective 12 months after
11the implementation of the reduction set forth in Section 12301.01.
12The reduction required by this section shall not preclude any
13reassessment to which a recipient would otherwise be entitled.
14However, hours authorized pursuant to a reassessment shall be
15subject to the 7-percent reduction required by this section.

16(2) A request for reassessment based only on the reduction
17required in paragraph (1) may be administratively denied by the
18county.

19(3) A recipient of services under this article may direct the
20manner in which the reduction of hours is applied to the recipient’s
21previously authorized services.

22(4) For those individuals who have a documented unmet need,
23excluding protective supervision because of the limitations on
24authorized hours under Section 12303.4, the reduction shall be
25taken first from the documented unmet need.

26(b) The notice of action informing the recipient of the reduction
27pursuant to subdivision (a) shall be mailed at least 20 days prior
28to the reduction going into effect. The notice of action shall be
29understandable to the recipient and translated into all languages
30spoken by a substantial number of the public served by the
31In-Home Supportive Services program, in accordance with Section
327295.2 of the Government Code. The notice shall not contain any
33recipient financial or confidential identifying information other
34than the recipient’s name, address, and Case Management
35Information and Payroll System (CMIPS) client identification
36number, and shall include, but not be limited to, all of the following
37information:

38(1) The aggregate number of authorized hours before the
39reduction pursuant to subdivision (a) and the aggregate number of
40authorized hours after the reduction.

P62   1(2) That the recipient may direct the manner in which the
2reduction of authorized hours is applied to the recipient’s
3previously authorized services.

4(3) A county shall assess a recipient’s need for supportive
5services any time that the recipient notifies the county of a need
6to adjust the supportive services hours authorized, or when there
7are other indications or expectations of a change in circumstances
8affecting the recipient’s need for supportive services. Counties
9shall not require recipients to submit a medical certification form
10or a doctor’s note to show evidence of a change in the recipient’s
11circumstances.

12(c) A recipient shall have all appeal rights otherwise provided
13for under Chapter 7 (commencing with Section 10950) of Part 2.

14(d) The reduction specified in paragraph (1) of subdivision (a)
15shall be ongoing and may be adjusted pursuant to Section 12301.03.

16(e) (1) The reduction specified in paragraph (1) of subdivision
17(a) shall be suspended until July 1, 2019, if the managed care
18organization provider tax imposed pursuant to Article 6.7
19(commencing with Section 14199.50) of Chapter 7 remains
20 operative.

21(2) Notwithstanding paragraph (1), if the managed care
22organization provider tax imposed pursuant to Article 6.7
23(commencing with Section 14199.50) of Chapter 7 ceases to be
24operative for any reason, the reduction specified in paragraph (1)
25of subdivision (a) shall be reinstated effective no later than the
26first day of the first full month occurring 90 days after the date on
27which the managed care organization provider tax ceases to be
28operative.

29(3) Notwithstanding the Administrative Procedure Act (Chapter
303.5 (commencing with Section 11340) of Part 1 of Division 3 of
31Title 2 of the Government Code), the department may implement
32this subdivision through an all-county letter or similar instructions
33from the director until January 1, 2020.

34

SEC. 24.  

Section 15200 of the Welfare and Institutions Code
35 is amended to read:

36

15200.  

There is hereby appropriated out of any money in the
37State Treasury not otherwise appropriated the following sums:

38(a) To each county for the support and maintenance of needy
39children, the sums specified in subdivisions (a), (e), and (f) of
40Section 11450, after subtracting all the following amounts:

P63   1(1) (A) Except as described in subparagraph (B), a 2.5-percent
2county share of cost.

3(B) If Section 1613 of Title 8 of the United States Code applies,
4a 5-percent county share of cost.

5(C) The county share described in this paragraph shall not apply
6to increases in maximum aid payments made in accordance with
7Section 11450.025.

8(2) Federal funds utilized for this purpose.

9(3) The amount allocated to each county from the Family
10Support Subaccount pursuant to Section 17601.75.

11(4) The amount allocated to each county from the Child Poverty
12and Family Supplemental Support Subaccount pursuant to Section
1317601.50.

14(5) The amount allocated to each county from the CalWORKs
15Maintenance of Effort Subaccount pursuant to Section 17601.25.

16(b) To each county for the support and maintenance of pregnant
17mothers, the sums specified in subdivisions (b) and (c) of Section
1811450 after subtracting all of the following amounts:

19(1) (A) Except as described in subparagraph (B), a 2.5-percent
20county share of cost.

21(B) If Section 1613 of Title 8 of the United States Code applies,
22a 5-percent county share of cost.

23(C) The county share described in this paragraph shall not apply
24to increases in maximum aid payments made in accordance with
25Section 11450.025.

26(2) Federal funds utilized for this purpose.

27(3) The amount allocated to each county from the Family
28Support Subaccount pursuant to Section 17601.75.

29(4) The amount allocated to each county from the Child Poverty
30and Family Supplemental Support Subaccount pursuant to Section
3117601.50.

32(5) The amount allocated to each county from the CalWORKs
33Maintenance of Effort Subaccount pursuant to Section 17601.25.

34(c) After deducting federal funds available for the adequate care
35of each child pursuant to subdivision (d) of Section 11450, as
36follows:

37(1) Prior to the 2011-12 fiscal year, an amount equal to 40
38percent of the sum necessary for the adequate care of each child.

39(2) Notwithstanding paragraph (1), beginning in the 2011-12
40fiscal year, and for each fiscal year thereafter, funding and
P64   1expenditures for programs and activities under this subdivision
2shall be in accordance with the requirements provided in Sections
330025 and 30026.5 of the Government Code.

4(d) (1) Prior to the 2011-12 fiscal year for each county for the
5support and care of hard-to-place adoptive children, and after
6deducting federal funds available, 75 percent of the nonfederal
7share of the amount specified in Section 16121.

8(2) Notwithstanding paragraph (1), beginning in the 2011-12
9fiscal year, and for each fiscal year thereafter, funding and
10expenditures for programs and activities under this subdivision
11shall be in accordance with the requirements provided in Sections
1230025 and 30026.5 of the Government Code.

13

SEC. 25.  

Section 15200.15 of the Welfare and Institutions
14Code
is repealed.

15

SEC. 26.  

Section 16501.9 is added to the Welfare and
16Institutions Code
, to read:

17

16501.9.  

(a) (1) The Legislature hereby finds and declares
18the Child Welfare Services-New System (CWS-NS) is the most
19important system in the state for child welfare services staff to
20ensure the safety and well-being of California’s children. The State
21of California has embarked upon on an agile procurement of the
22CWS-NS.

23(2) The Legislature further finds and declares that this approach
24requires significant engagement with the end user throughout the
25life of the system, including the county human services agencies
26and child welfare services and probation staff.

27(b) (1) The State Department of Social Services and the Office
28of Systems Integration (OSI), in collaboration with the County
29Welfare Directors Association (CWDA), shall seek resources to
30enable the necessary level of engagement by the counties in the
31CWS-NS agile development and maintenance process to prevent
32the disruption of services to families and children at risk. This shall
33include, but not be limited to, timely and expeditious execution of
34contracts and contract amendments for participation in this effort,
35effective monitoring and evaluation of the CWS-NS effort, and
36implementation of mitigation strategies for risks and issues arising
37in the procurement, development, implementation, or operation
38of digital services pursuant to this section.

39(2) The department and OSI shall provide a voting seat on all
40governance bodies of the CWS-NS for a CWDA representative
P65   1and shall support and provide necessary accommodation for the
2stationing of county representatives at the project site.

3(3) The department and OSI shall continue to provide monthly
4updates to the Legislature and to stakeholders, including CWDA,
5regarding efforts to develop and implement the CWS-NS. The
6updates shall include, but not be limited to, (A) the vacancy rate,
7the duration of each vacant position and its classification, and the
8status of efforts to fill the position, (B) challenges with recruiting
9and retaining qualified staff and a description of efforts to resolve
10the issues, (C) challenges with procurement, including any delays,
11and a description of efforts to resolve the issues, (D) any issues or
12risks, including, but not limited to, pending state and federal
13approvals and impacts on county child welfare programs that may
14jeopardize the project’s completion or result in delays relative to
15the approved project schedule, budget, and scope, and (E) progress
16on the project, by digital service (module) along with a description
17of each digital service, and projected completion dates for any
18significant upcoming project milestones. Following the effective
19date of this section, a list of newly executed contracts, their
20purpose, and amounts shall be added to the monthly update.

21(4) The department and OSI, in coordination with CWDA and
22the Department of Technology, shall convene a regularly scheduled
23quarterly forum to provide project updates to stakeholders and
24legislative staff. These forums shall include updates on (A) the
25progress of the CWS-NS development and implementation, (B)
26expenditures incurred to date, (C) significant issues and risks
27overcome in the last quarter and significant issues and risks
28presently being addressed, (D) upcoming project milestones and
29significant events, (E) how the agile approach has affected the
30project’s overall cost and schedule, (F) how the Department of
31Technology’s approval and oversight processes are being applied
32to the agile implementation approach, and (G) how lessons learned
33from the agile implementation of the CWS-NS project can be
34leveraged by other state IT projects.

35(c) The existing Child Welfare Services Case Management
36System (CWS/CMS) operations and functionality shall be
37maintained at a level at least commensurate with its December
382015 status and shall not be decommissioned prior to the full
39statewide implementation of the CWS-NS in all counties. Full
40statewide implementation is defined as after all existing CWS/CMS
P66   1functionality has been replaced in CWS-NS and has been
2implemented in all 58 counties for a minimum of six months with
3no significant (noncosmetic) defects outstanding.

4

SEC. 27.  

Section 16519.5 of the Welfare and Institutions Code
5 is amended to read:

6

16519.5.  

(a) The State Department of Social Services, in
7consultation with county child welfare agencies, foster parent
8associations, and other interested community parties, shall
9implement a unified, family friendly, and child-centered resource
10family approval process to replace the existing multiple processes
11for licensing foster family homes, approving relatives and
12nonrelative extended family members as foster care providers, and
13approving adoptive families.

14(b) (1) Counties shall be selected to participate on a voluntary
15basis as early implementation counties for the purpose of
16participating in the initial development of the approval process.
17Early implementation counties shall be selected according to
18criteria developed by the department in consultation with the
19County Welfare Directors Association. In selecting the five early
20implementation counties, the department shall promote diversity
21among the participating counties in terms of size and geographic
22location.

23(2) Additional counties may participate in the early
24implementation of the program upon authorization by the
25department.

26(c) (1) For the purposes of this chapter, “resource family” means
27an individual or couple that a participating county or foster family
28agency, as defined in subdivision (g) of Section 11400 of this code,
29and paragraph (4) of subdivision (a) of Section 1502 of the Health
30and Safety Code, determines to have successfully met both the
31home environment assessment standards and the permanency
32assessment criteria adopted pursuant to subdivision (d) necessary
33for providing care for a related or unrelated child who is under the
34jurisdiction of the juvenile court, or otherwise in the care of a
35county child welfare agency or probation department. A resource
36family shall demonstrate all of the following:

37(A) An understanding of the safety, permanence, and well-being
38needs of children who have been victims of child abuse and neglect,
39and the capacity and willingness to meet those needs, including
40the need for protection, and the willingness to make use of support
P67   1resources offered by the agency, or a support structure in place,
2or both.

3(B) An understanding of children’s needs and development,
4effective parenting skills or knowledge about parenting, and the
5capacity to act as a reasonable, prudent parent in day-to-day
6decisionmaking.

7(C) An understanding of his or her role as a resource family and
8the capacity to work cooperatively with the agency and other
9service providers in implementing the child’s case plan.

10(D) The financial ability within the household to ensure the
11stability and financial security of the family.

12(E) An ability and willingness to provide a family setting that
13promotes normal childhood experiences that serves the needs of
14the child.

15(2) Subsequent to meeting the criteria set forth in this
16subdivision and designation as a resource family, a resource family
17shall be considered eligible to provide foster care for related and
18unrelated children in out-of-home placement, shall be considered
19approved for adoption or guardianship, and shall not have to
20undergo any additional approval or licensure as long as the family
21lives in a county participating in the program.

22(3) Resource family approval means that the applicant
23successfully meets the home environment assessment and
24permanency assessment standards. This approval is in lieu of the
25existing foster care license, relative or nonrelative extended family
26member approval, and the adoption home study approval.

27(4) Approval of a resource family does not guarantee an initial
28or continued placement of a child with a resource family.

29(5) Notwithstanding paragraphs (1) to (4), inclusive, the
30department or county may cease any further review of an
31application if the applicant has had a previous application denial
32within the preceding year, or if the applicant has had a previous
33rescission, revocation, or exemption denial or rescission by the
34department or county within the preceding two years. However,
35the department or county may continue to review an application
36if it has determined that the reasons for the previous denial,
37rescission, or revocation were due to circumstances and conditions
38that either have been corrected or are no longer in existence. If an
39individual was excluded from a resource family home or facility
40licensed by the department, the department or county shall cease
P68   1review of the individual’s application unless the excluded
2individual has been reinstated pursuant to Section 11522 of the
3Government Code. The cessation of review shall not constitute a
4denial of the application for purposes of this section or any other
5law.

6(d) Prior to implementation of this program, the department
7shall adopt standards pertaining to the home environment and
8permanency assessments of a resource family.

9(1) Resource family home environment assessment standards
10shall include, but not be limited to, all of the following:

11(A) (i) Criminal records clearance of all adults residing in, or
12regularly present in, the home, and not exempted from
13fingerprinting, as set forth in subdivision (b) of Section 1522 of
14the Health and Safety Code, pursuant to Section 8712 of the Family
15Code, utilizing a check of the Child Abuse Central Index (CACI),
16and receipt of a fingerprint-based state and federal criminal
17offender record information search response. The criminal history
18information shall include subsequent notifications pursuant to
19Section 11105.2 of the Penal Code.

20(ii) Consideration of any substantiated allegations of child abuse
21or neglect against either the applicant or any other adult residing
22in the home. An approval may not be granted to applicants whose
23criminal record indicates a conviction for any of the offenses
24specified in subdivision (g) of Section 1522 of the Health and
25Safety Code.

26(iii) If the resource family parent, applicant, or any other person
27specified in subdivision (b) of Section 1522 of the Health and
28Safety Code has been convicted of a crime other than a minor
29traffic violation, except for the civil penalty language, the criminal
30background check provisions specified in subdivisions (d) through
31(f) of Section 1522 of the Health and Safety Code shall apply.
32Exemptions from the criminal records clearance requirements set
33forth in this section may be granted by the director or the early
34implementation county, if that county has been granted permission
35by the director to issue criminal records exemptions pursuant to
36Section 361.4, using the exemption criteria currently used for foster
37care licensing as specified in subdivision (g) of Section 1522 of
38the Health and Safety Code.

P69   1(iv) For public foster family agencies approving resource
2families, the criminal records clearance process set forth in clause
3(i) shall be utilized.

4(v) For private foster family agencies approving resource
5families, the criminal records clearance process set forth in clause
6(i) shall be utilized, but the Department of Justice shall disseminate
7a fitness determination resulting from the federal criminal offender
8record information search.

9(B) Buildings and grounds and storage requirements set forth
10in Sections 89387 and 89387.2 of Title 22 of the California Code
11of Regulations.

12(C) In addition to the foregoing requirements, the resource
13family home environment assessment standards shall also require
14the following:

15(i) That the applicant demonstrates an understanding about the
16rights of children in care and his or her responsibility to safeguard
17those rights.

18(ii) That the total number of children residing in the home of a
19resource family shall be no more than the total number of children
20the resource family can properly care for, regardless of status, and
21shall not exceed six children, unless exceptional circumstances
22that are documented in the foster child’s case file exist to permit
23a resource family to care for more children, including, but not
24limited to, the need to place siblings together.

25(iii) That the applicant understands his or her responsibilities
26with respect to acting as a reasonable and prudent parent, and
27maintaining the least restrictive environment that serves the needs
28of the child.

29(2) The resource family permanency assessment standards shall
30include, but not be limited to, all of the following:

31(A) The applicant shall complete caregiver training.

32(B) (i) The applicant shall complete a psychosocial assessment,
33which shall include the results of a risk assessment.

34(ii) A caregiver risk assessment shall include, but shall not be
35limited to, physical and mental health, alcohol and other substance
36use and abuse, family and domestic violence, and the factors listed
37in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).

38(C) The applicant shall complete any other activities that relate
39to a resource family’s ability to achieve permanency with the child.

P70   1(e) (1) A child may be placed with a resource family that has
2successfully completed the home environment assessment prior
3to completion of a permanency assessment only if a compelling
4reason for the placement exists based on the needs of the child.

5(2) The permanency assessment shall be completed within 90
6days of the child’s placement in the home, unless good cause exists
7based upon the needs of the child.

8(3) If additional time is needed to complete the permanency
9assessment, the county shall document the extenuating
10circumstances for the delay and generate a timeframe for the
11completion of the permanency assessment.

12(4) The county shall report to the department on a quarterly
13basis the number of families with a child in an approved home
14whose permanency assessment goes beyond 90 days and
15summarize the reasons for these delays.

16(5) A child may be placed with a relative, as defined in Section
17319, or nonrelative extended family member, as defined in Section
18362.7, prior to applying as a resource family only on an emergency
19basis if all of the following requirements are met:

20(A) Consideration of the results of a criminal records check
21conducted pursuant to Section 16504.5 of the relative or nonrelative
22extended family member and of every other adult in the home.

23(B) Consideration of the results of the Child Abuse Central
24Index (CACI) consistent with Section 1522.1 of the Health and
25Safety Code of the relative or nonrelative extended family member,
26and of every other adult in the home.

27(C) The home and grounds are free of conditions that pose undue
28risk to the health and safety of the child.

29(D) For any placement made pursuant to this paragraph, the
30county shall initiate the home environment assessment no later
31than five business days after the placement, which shall include a
32face-to-face interview with the resource family applicant and child.

33(E) For any placement made pursuant to this paragraph,
34AFDC-FC funding shall not be available until approval of the
35resource family has been completed.

36(F) Any child placed under this section shall be afforded all the
37rights set forth in Section 16001.9.

38(f) The State Department of Social Services shall be responsible
39for all of the following:

P71   1(1) Selecting early implementation counties, based on criteria
2established by the department in consultation with the County
3Welfare Directors Association.

4(2) Establishing timeframes for participating counties to submit
5an implementation plan, enter into terms and conditions for
6participation in the program, train appropriate staff, and accept
7applications from resource families.

8(3) Entering into terms and conditions for participation in the
9program by counties.

10(4) Administering the program through the issuance of written
11directives that shall have the same force and effect as regulations.
12Any directive affecting Article 1 (commencing with Section 700)
13of Chapter 7 of Title 11 of the California Code of Regulations shall
14be approved by the Department of Justice. The directives shall be
15exempt from the rulemaking provisions of the Administrative
16Procedure Act (Chapter 3.5 (commencing with Section 11340))
17of Part 1 of Division 3 of Title 2 of the Government Code.

18(5) Approving and requiring the use of a single standard for
19resource family approval.

20(6) Adopting and requiring the use of standardized
21documentation for the home environment and permanency
22assessments of resource families.

23(7) Requiring counties to monitor resource families including,
24but not limited to, all of the following:

25(A) Investigating complaints of resource families.

26(B) Developing and monitoring resource family corrective action
27plans to correct identified deficiencies and to rescind resource
28family approval if compliance with corrective action plans is not
29achieved.

30(8) Ongoing oversight and monitoring of county systems and
31operations including all of the following:

32(A) Reviewing the county’s implementation of the program.

33(B) Reviewing an adequate number of approved resource
34families in each participating county to ensure that approval
35standards are being properly applied. The review shall include
36case file documentation, and may include onsite inspection of
37individual resource families. The review shall occur on an annual
38basis, and more frequently if the department becomes aware that
39a participating county is experiencing a disproportionate number
40of complaints against individual resource family homes.

P72   1(C) Reviewing county reports of serious complaints and
2incidents involving approved resource families, as determined
3necessary by the department. The department may conduct an
4independent review of the complaint or incident and change the
5findings depending on the results of its investigation.

6(D) Investigating unresolved complaints against participating
7counties.

8(E) Requiring corrective action of counties that are not in full
9compliance with the terms and conditions of the program.

10(9) Updating the Legislature on the early implementation phase
11of the program, including the status of implementation, successes,
12and challenges during the early implementation phase, and relevant
13available data, including resource family satisfaction.

14(10) Implementing due process procedures, including all of the
15following:

16(A) Providing a statewide fair hearing process for denials,
17rescissions, or exclusion actions.

18(B) Amending the department’s applicable state hearing
19procedures and regulations or using the Administrative Procedure
20Act, when applicable, as necessary for the administration of the
21program.

22(g) Counties participating in the program shall be responsible
23for all of the following:

24(1) Submitting an implementation plan, entering into terms and
25conditions for participation in the program, consulting with the
26county probation department in the development of the
27implementation plan, training appropriate staff, and accepting
28applications from resource families within the timeframes
29established by the department.

30(2) Complying with the written directives pursuant to paragraph
31(4) of subdivision (f).

32(3) Implementing the requirements for resource family approval
33and utilizing standardized documentation established by the
34department.

35(4) Ensuring staff have the education and experience necessary
36to complete the home environment and psychosocial assessments
37competently.

38(5) (A) Taking the following actions, as applicable:

39(i) Approving or denying resource family applications.

40(ii) Rescinding approvals of resource families.

P73   1(iii) Excluding a resource family parent or other individual from
2presence in a resource family home, consistent with the established
3standard.

4(iv) Issuing a temporary suspension order that suspends the
5resource family approval prior to a hearing when urgent action is
6needed to protect a child or nonminor dependent from physical or
7mental abuse, abandonment, or any other substantial threat to
8health or safety, consistent with the established standard.

9(B) Providing a resource family parent, applicant, or excluded
10individual requesting review of that decision with due process
11pursuant to the department’s statutes, regulations, and written
12directives.

13(C) Notifying the department of any decisions denying a
14resource family’s application or rescinding the approval of a
15resource family, excluding an individual, or taking other
16administrative action.

17(D) Issuing a temporary suspension order that suspends the
18resource family approval prior to a hearing, when urgent action is
19needed to protect a child or nonminor dependent who is or may
20be placed in the home from physical or mental abuse, abandonment,
21or any other substantial threat to health or safety.

22(6) Updating resource family approval annually.

23(7) Monitoring resource families through all of the following:

24(A) Ensuring that social workers who identify a condition in
25the home that may not meet the approval standards set forth in
26subdivision (d) while in the course of a routine visit to children
27placed with a resource family take appropriate action as needed.

28(B) Requiring resource families to comply with corrective action
29plans as necessary to correct identified deficiencies. If corrective
30action is not completed as specified in the plan, the county may
31rescind the resource family approval.

32(C) Requiring resource families to report to the county child
33welfare agency any incidents consistent with the reporting
34requirements for licensed foster family homes.

35(8) Investigating all complaints against a resource family and
36taking action as necessary. This shall include investigating any
37incidents reported about a resource family indicating that the
38approval standard is not being maintained.

39(A) The child’s social worker shall not conduct the formal
40investigation into the complaint received concerning a family
P74   1providing services under the standards required by subdivision
2(d). To the extent that adequate resources are available, complaints
3shall be investigated by a worker who did not initially conduct the
4home environment or psychosocial assessments.

5(B) Upon conclusion of the complaint investigation, the final
6disposition shall be reviewed and approved by a supervising staff
7member.

8(C) The department shall be notified of any serious incidents
9or serious complaints or any incident that falls within the definition
10of Section 11165.5 of the Penal Code. If those incidents or
11complaints result in an investigation, the department shall also be
12notified as to the status and disposition of that investigation.

13(9) Performing corrective action as required by the department.

14(10) Assessing county performance in related areas of the
15California Child and Family Services Review System, and
16remedying problems identified.

17(11) Submitting information and data that the department
18determines is necessary to study, monitor, and prepare the report
19specified in paragraph (9) of subdivision (f).

20(12) Ensuring resource family applicants and resource families
21have the necessary knowledge, skills, and abilities to support
22children in foster care by completing caregiver training. The
23training should include a curriculum that supports the role of a
24resource family in parenting vulnerable children and should be
25ongoing in order to provide resource families with information on
26trauma-informed practices and requirements and other topics within
27the foster care system.

28(13) Ensuring that a resource family applicant completes a
29minimum of 12 hours of preapproval training. The training shall
30include, but not be limited to, all of the following courses:

31(A) An overview of the child protective and probation systems.

32(B) The effects of trauma, including grief and loss, and child
33abuse and neglect, on child development and behavior, and
34methods to behaviorally support children impacted by that trauma
35or child abuse and neglect.

36(C) Positive discipline and the importance of self-esteem.

37(D) Health issues in foster care.

38(E) Accessing services and supports to address education needs,
39physical, mental, and behavioral health, and substance use
40disorders, including culturally relevant services.

P75   1(F) The rights of a child in foster care, and the resource family’s
2responsibility to safeguard those rights, including the right to have
3fair and equal access to all available services, placement, care,
4treatment, and benefits, and to not be subjected to discrimination
5or harassment on the basis of actual or perceived race, ethnic group
6identification, ancestry, national origin, color, religion, sex, sexual
7orientation, gender identity, mental or physical disability, or HIV
8status.

9(G) Cultural needs of children, including instruction on cultural
10competency and sensitivity, and related best practices for providing
11adequate care for children or youth across diverse ethnic and racial
12backgrounds, as well as children or youth identifying as lesbian,
13gay, bisexual, or transgender.

14(H) Basic instruction on existing laws and procedures regarding
15the safety of foster youth at school; and ensuring a harassment and
16violence free school environment pursuant to Article 3.6
17 (commencing with Section 32228) of Chapter 2 of Part 19 of
18Division 1 of Title 1 of the Education Code.

19(I) Permanence, well-being, and education needs of children.

20(J) Child and adolescent development, including sexual
21orientation, gender identity, and expression.

22(K) The role of resource families, including working
23cooperatively with the child welfare or probation agency, the
24child’s family, and other service providers implementing the case
25plan.

26(L) The role of a resource family on the child and family team
27as defined in paragraph (4) of subdivision (a) of Section 16501.

28(M) A resource family’s responsibility to act as a reasonable
29and prudent parent, and to provide a family setting that promotes
30normal childhood experiences and that serves the needs of the
31child.

32(N) An overview of the specialized training identified in
33subdivision (h).

34(14) Ensuring approved resource families complete a minimum
35of eight training hours annually, a portion of which shall be from
36one or more of the topics listed in paragraph (13).

37(h) In addition to any training required by this section, a resource
38family may be required to receive specialized training, as relevant,
39for the purpose of preparing the resource family to meet the needs
P76   1of a particular child in care. This training may include, but is not
2limited to, the following:

3(1) Understanding how to use best practices for providing care
4and supervision to commercially sexually exploited children.

5(2) Understanding how to use best practices for providing care
6and supervision to lesbian, gay, bisexual, and transgender children.

7(3) Understanding the requirements and best practices regarding
8psychotropic medications, including, but not limited to, court
9authorization, benefits, uses, side effects, interactions, assistance
10with self-administration, misuse, documentation, storage, and
11metabolic monitoring of children prescribed psychotropic
12medications.

13(4) Understanding the federal Indian Child Welfare Act (25
14U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
15children covered by the act, and the best interests of Indian
16children, including the role of the caregiver in supporting culturally
17appropriate, child-centered practices that respect Native American
18history, culture, retention of tribal membership and connection to
19the tribal community and traditions.

20(5) Understanding how to use best practices for providing care
21and supervision to nonminor dependents.

22(6) Understanding how to use best practices for providing care
23and supervision to children with special health care needs.

24(7) Understanding the different permanency options and the
25services and benefits associated with the options.

26(i) Nothing in this section shall preclude a county or a foster
27family agency from requiring resource family training in excess
28of the requirements in this section.

29(j) (1) Approved relatives and nonrelative extended family
30members, licensed foster family homes, or approved adoptive
31homes that have completed the license or approval process prior
32to full implementation of the program shall not be considered part
33of the program. The otherwise applicable assessment and oversight
34processes shall continue to be administered for families and
35facilities not included in the program.

36(2) Upon implementation of the program in a county, that county
37may not accept new applications for the licensure of foster family
38homes, the approval of relative and nonrelative extended family
39members, or the approval of prospective adoptive homes.

P77   1(k) The department may waive regulations that pose a barrier
2to implementation and operation of this program. The waiver of
3any regulations by the department pursuant to this section shall
4apply to only those counties or foster family agencies participating
5in the program and only for the duration of the program.

6(l) Resource families approved under initial implementation of
7the program, who move within an early implementation county or
8who move to another early implementation county, shall retain
9their resource family status if the new building and grounds,
10outdoor activity areas, and storage areas meet home environment
11standards. The State Department of Social Services or early
12implementation county may allow a program-affiliated individual
13to transfer his or her subsequent arrest notification if the individual
14moves from one early implementation county to another early
15implementation county, as specified in subdivision (g) of Section
161522 of the Health and Safety Code.

17(m) (1) The approval of a resource family who moves to a
18nonparticipating county remains in full force and effect pending
19a determination by the county approval agency or the department,
20as appropriate, whether the new building and grounds and storage
21areas meet applicable standards, and whether all adults residing
22in the home have a criminal records clearance or exemptions
23granted, using the exemption criteria used for foster care licensing,
24as specified in subdivision (g) of Section 1522 of the Health and
25Safety Code. Upon this determination, the nonparticipating county
26shall either approve the family as a relative or nonrelative extended
27family member, as applicable, or the department shall license the
28family as a foster family home.

29(2) Subject to the requirements in paragraph (1), the family shall
30continue to be approved for guardianship and adoption. Nothing
31in this subdivision shall limit a county or adoption agency from
32determining that the family is not approved for guardianship or
33adoption based on changes in the family’s circumstances or
34psychosocial assessment.

35(3) A program-affiliated individual who moves to a
36nonparticipating county may not transfer his or her subsequent
37arrest notification from a participating county to the
38nonparticipating county.

39(n) Implementation of the program shall be contingent upon the
40continued availability of federal Social Security Act Title IV-E
P78   1(42 U.S.C. Sec. 670) funds for costs associated with placement of
2children with resource families assessed and approved under the
3program.

4(o) A child placed with a resource family is eligible for the
5resource family basic rate, pursuant to Sections 11253.45, 11460,
611461, and 11463, and subdivision (l) of Section 11461.3, at the
7child’s assessed level of care.

8(p) Sharing ratios for nonfederal expenditures for all costs
9associated with activities related to the approval of relatives and
10 nonrelative extended family members shall be in accordance with
11Section 10101.

12(q) The Department of Justice shall charge fees sufficient to
13cover the cost of initial or subsequent criminal offender record
14information and Child Abuse Central Index searches, processing,
15or responses, as specified in this section.

16(r) Except as provided, approved resource families under this
17program shall be exempt from all of the following:

18(1) Licensure requirements set forth under the Community Care
19Facilities Act, commencing with Section 1500 of the Health and
20Safety Code, and all regulations promulgated thereto.

21(2) Relative and nonrelative extended family member approval
22requirements set forth under Sections 309, 361.4, and 362.7, and
23all regulations promulgated thereto.

24(3) Adoptions approval and reporting requirements set forth
25under Section 8712 of the Family Code, and all regulations
26promulgated thereto.

27(s) (1) Early implementation counties shall be authorized to
28continue through December 31, 2016. The program shall be
29implemented by each county on or before January 1, 2017.

30(2) No later than July 1, 2017, each county shall provide the
31following information to all licensed foster family homes and all
32approved relatives and nonrelative extended family members:

33(A) A detailed description of the resource family approval
34program.

35(B) Notification that, in order to care for a foster child, resource
36family approval is required by December 31, 2019.

37(C) Notification that a foster family home license and an
38approval of a relative or nonrelative extended family member shall
39be forfeited by operation of law as provided for in paragraph (4).

P79   1(3) By no later than January 1, 2018, the following shall apply
2to all licensed foster family homes and approved relative and
3nonrelative extended family members:

4(A) A licensed foster family home, and an approved relative or
5nonrelative extended family member with an approved adoptive
6home study completed prior to January 1, 2018, shall be deemed
7to be an approved resource family.

8(B) A licensed foster family home, and an approved relative or
9nonrelative extended family member who had a child in placement
10at any time, for any length of time, between January 1, 2017, and
11December 31, 2017, inclusive, may be approved as a resource
12family on the date of successful completion of a psychosocial
13assessment pursuant to subparagraph (B) of paragraph (2) of
14subdivision (d).

15(C) A county may provide supportive services to all licensed
16foster family home providers, relatives, and nonrelative extended
17family members with a child in placement to assist with the
18resource family transition and to minimize placement disruptions.

19(4) All foster family licenses and approvals of a relative or
20nonrelative extended family member shall be forfeited by operation
21of law on December 31, 2019, except as provided in this paragraph:

22(A) All licensed foster family homes that did not have a child
23in placement at any time, for any length of time, between January
241, 2017, and December 31, 2017, inclusive, shall forfeit the license
25by operation of law on January 1, 2018.

26(B) For foster family home licensees and approved relatives or
27nonrelative extended family members who have a pending resource
28family application on December 31, 2019, the foster family home
29license or relative and nonrelative extended family member
30approval shall be forfeited by operation of law on the date of
31approval as a resource family. If approval is denied, forfeiture by
32operation of law shall occur on the date of completion of any
33proceedings required by law to ensure due process.

34(t) On and after January 1, 2017, all licensed foster family
35agencies shall approve resource families in lieu of certifying foster
36homes. A foster family agency or a short-term residential treatment
37center pursuant to subdivision (b) of Section 11462 shall require
38applicants and resource families to meet the resource family
39approval standards and requirements set forth in this chapter and
P80   1in the written directives adopted pursuant to this chapter prior to
2approval and in order to maintain approval.

3(u) Commencing January 1, 2016, the department may establish
4participation conditions, and select and authorize foster family
5agencies that voluntarily submit implementation plans and revised
6plans of operation in accordance with requirements established by
7the department, to approve resource families in lieu of certifying
8foster homes.

9(1) Notwithstanding any other law, a participating foster family
10agency shall require resource families to meet and maintain the
11resource family approval standards and requirements set forth in
12this chapter and in the written directives adopted hereto prior to
13approval and in order to maintain approval.

14(2) A participating foster family agency shall implement the
15resource family approval program pursuant to Section 1517 of the
16Health and Safety Code.

17(3) Nothing in this section shall be construed to limit the
18authority of the department to inspect, evaluate, or investigate a
19complaint or incident, or initiate a disciplinary action against a
20foster family agency pursuant to Article 5 (commencing with
21Section 1550) of Chapter 3 of Division 2 of the Health and Safety
22Code, or to take any action it may deem necessary for the health
23and safety of children placed with the foster family agency.

24(4) The department may adjust the foster family agency
25AFDC-FC rate pursuant to Section 11463 for implementation of
26this subdivision.

27

SEC. 28.  

Article 6 (commencing with Section 16523) is added
28to Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
29Code
, to read:

30 

31Article 6.  Bringing Families Home Program
32

 

33

16523.  

For purposes of this article, the following definitions
34shall apply:

35(a) “Child welfare services” has the same meaning as defined
36in Section 16501.

37(b) “Department” means the State Department of Social
38Services.

39(c) “Eligible family” means any individual or family that, at a
40minimum, meets all of the following conditions:

P81   1(1) Receives child welfare services at the time eligibility is
2determined.

3(2) Is homeless.

4(3) Voluntarily agrees to participate in the program.

5(4) Either of the following:

6(A) Has been determined appropriate for reunification of a child
7to a biological parent or guardian by the county human services
8agency handling the case, the court with jurisdiction over the child,
9or both.

10(B) A child or children in the family is or are at risk of foster
11care placement, and the county human services agency determines
12that safe and stable housing for the family will prevent the need
13for the child’s or children’s removal from the parent or guardian.

14(d) “Homeless” means any of the following:

15(1) An individual or family who lacks a fixed, regular, and
16adequate nighttime residence.

17(2) An individual or family with a primary nighttime residence
18that is a public or private place not designed for or ordinarily used
19as a regular sleeping accommodation for human beings, including,
20but not limited to, a car, park, abandoned building, bus station,
21train station, airport, or camping ground.

22(3) An individual or family living in a supervised publicly or
23privately operated shelter designated to provide temporary living
24arrangements, including hotels or motels paid for by federal, state,
25or local government programs for low-income individuals or by
26charitable organizations, congregate shelters, or transitional
27housing.

28(4) An individual who resided in a shelter or place not meant
29for human habitation and who is exiting an institution where he
30or she temporarily resided.

31(5) An individual or family who will imminently lose their
32housing, including, but not limited to, housing they own, rent, or
33live in without paying rent, are sharing with others, or rooms in
34hotels or motels not paid for by federal, state, or local government
35programs for low-income individuals or by charitable
36organizations, as evidenced by any of the following:

37(A) A court order resulting from an eviction action that notifies
38the individual or family that they must leave within 14 days.

P82   1(B) The individual or family having a primary nighttime
2residence that is a room in a hotel or motel and where they lack
3the resources necessary to reside there for more than 14 days.

4(C) Credible evidence indicating that the owner or renter of the
5housing will not allow the individual or family to stay for more
6than 14 days, and any oral statement from an individual or family
7seeking homeless assistance that is found to be credible shall be
8considered credible evidence for purposes of this clause.

9(6) An individual or family who has no subsequent residence
10identified.

11(7) An individual or family who lacks the resources or support
12networks needed to obtain other permanent housing.

13(8) Unaccompanied youth and homeless families with children
14and youth defined as homeless under any other federal statute, as
15of the effective date of this program, who meet all of the following:

16(A) Have experienced a long-term period without living
17independently in permanent housing.

18(B) Have experienced persistent instability as measured by
19frequent moves over that long-term period.

20(C) Can be expected to continue in that status for an extended
21period of time because of chronic disabilities, chronic physical
22health or mental health conditions, substance addiction, histories
23of domestic violence or childhood abuse, the presence of a child
24or youth with a disability, or multiple barriers to employment.

25(e) “Homelessness” means the status of being homeless, as
26defined in subdivision (d).

27(f) “Permanent housing” means a place to live without a limit
28on the length of stay in the housing that exceeds the duration of
29funding for the program, subject to landlord-tenant laws pursuant
30to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
31of Division 3 of the Civil Code.

32(g) “Program” means the Bringing Families Home Program
33established pursuant to this article.

34(h) “Supportive housing” has the same meaning as defined in
35paragraph (2) of subdivision (b) of Section 50675.14 of the Health
36and Safety Code, except that the program is not restricted to serving
37only projects with five or more units.

38

16523.1.  

(a) To the extent funds are appropriated in the annual
39Budget Act, the department shall award program funds to counties
40for the purpose of providing housing-related supports to eligible
P83   1families experiencing homelessness if that homelessness prevents
2reunification between an eligible family and a child receiving child
3welfare services, or where lack of housing prevents a parent or
4guardian from addressing issues that could lead to foster care
5placement.

6(b) Notwithstanding subdivision (a), this section does not create
7an entitlement to housing-related assistance, which is intended to
8be provided at the discretion of the county as a service to eligible
9families.

10(c) (1) It is the intent of the Legislature that housing-related
11assistance provided pursuant to this article utilize evidence-based
12models, including evidence-based practices in rapid rehousing and
13supportive housing.

14(2) Housing-related supports available to participating families
15shall include, but not be limited to, all of the following:

16(A) An assessment of each family’s housing needs, including
17a plan to assist them in meeting those needs.

18(B) Housing navigation or search assistance to recruit landlords,
19and assist families in locating housing affordable to the family,
20under a presumption that the family will pay no more than one-third
21of their income in rent.

22(C) The use of evidence-based models, such as motivational
23interviewing and trauma-informed care, to build relationships with
24a parent or guardian.

25(D) Housing-related financial assistance, including rental
26assistance, security deposit assistance, utility payments, moving
27cost assistance, and interim housing assistance while housing
28navigators are actively seeking permanent housing options for the
29family.

30(E) Housing stabilization services, including ongoing tenant
31engagement, case management, public systems assistance, legal
32services, credit repair assistance, life skills training, and conflict
33mediation with landlords and neighbors.

34(F) If the family requires supportive housing, long-term services
35promoting housing stability.

36(d) The department shall award program funds to counties
37according to criteria developed by the department, in consultation
38with the County Welfare Directors Association, the Corporation
39for Supportive Housing, and Housing California, subject to both
40of the following requirements:

P84   1(1) A county that receives state funds under this program shall
2match that funding on a dollar-by-dollar basis. The county funds
3used for this purpose shall supplement, not supplant, county
4funding already intended for these purposes.

5(2) A county that receives state funds under this program shall
6have a local continuum of care that participates in a homeless
7services coordinated entry and assessment system, as required by
8the United States Department of Housing and Urban Development.

9(e) The department, in consultation with Housing California,
10the Corporation for Supportive Housing, and the County Welfare
11Directors Association of California, shall develop all of the
12following:

13(1) The criteria by which counties may be awarded funds to
14provide housing-related assistance to eligible families pursuant to
15this article.

16(2) The proportion of program funding to be expended on
17reasonable and appropriate administrative activities to minimize
18overhead and maximize services.

19(3) Eligible sources of funds for a county’s matching
20contribution.

21(4) Tracking and reporting procedures for the program.

22(5) A process for evaluating program data.

23

SEC. 29.  

Section 17601.50 of the Welfare and Institutions
24Code
is amended to read:

25

17601.50.  

The moneys in the Child Poverty and Family
26Supplemental Support Subaccount shall be allocated to the family
27support account in the local health and welfare trust fund in each
28county and city and county by the Controller pursuant to a schedule
29prepared by the Department of Finance. All funds allocated shall
30be attributable to the payment of increased aid payments, as
31authorized by Section 11450.025. Funds that are not allocated in
32a fiscal year, shall be available for allocation in the following fiscal
33year.

34

SEC. 30.  

Section 18910.1 of the Welfare and Institutions Code
35 is amended to read:

36

18910.1.  

All CalFresh households shall be assigned certification
37periods that are the maximum number of months allowable under
38federal law for the household type unless a county is complying
39with subdivision (b) of Section 18910 or, on a case-by-case basis
P85   1only, the household’s individual circumstances require a shorter
2certification period.

3

SEC. 31.  

Section 18920 is added to the Welfare and Institutions
4Code
, to read:

5

18920.  

(a) Notwithstanding any other law, an agreement
6between the department and a unit of local government, any other
7unit of state government, or a nonprofit organization that provides
8for a contract relating to either of the following is and shall be
9deemed a “cooperative agreement,” as defined in subdivision (a)
10of Section 38072 of the Health and Safety Code:

11(1) Outreach programs related to CalFresh.

12(2) The Supplemental Nutrition Assistance Program: Nutrition
13Education and Obesity Prevention Grant Program.

14(b) Notwithstanding subdivision (b) of Section 38072 of the
15Health and Safety Code, for purposes of Chapter 1 (commencing
16with Section 38070) of Division 25.2 of the Health and Safety
17Code, any reference to the term “department” in those provisions
18shall refer to the State Department of Social Services for purposes
19of an agreement described in subdivision (a).

20(c) In addition to the authority granted the department in
21subdivision (a) of Section 38081.1 of the Health and Safety Code,
22a change of subcontracts shall not be subject to review and approval
23by the Department of General Services pursuant to Chapter 2
24(commencing with Section 10290) of Part 2 of Division 2 of the
25Public Contract Code.

26(d) The Legislature finds and declares that this section shall be
27applied retroactively to currently executed agreements that are
28described in subdivision (a).

29

SEC. 32.  

Chapter 17 (commencing with Section 18999) is
30added to Part 6 of Division 9 of the Welfare and Institutions Code,
31to read:

32 

33Chapter  17. Housing and Disability Income Advocacy
34Program
35

 

36

18999.  

In enacting this chapter, it is the intent of the Legislature
37to establish, for the 2016-17 fiscal year, the Housing and Disability
38Income Advocacy Program under which counties assist homeless
39Californians with disabilities to increase participation among
40individuals who may be eligible for disability benefits programs,
P86   1including the Supplemental Security Income/State Supplementary
2Program for the Aged, Blind, and Disabled (SSI/SSP), the federal
3Social Security Disability Insurance (SSDI) program, the Cash
4Assistance Program for Immigrants, and veterans benefits provided
5under federal law, including disability compensation.

6

18999.1.  

(a) Subject to an appropriation of funds for this
7purpose in the annual Budget Act, the State Department of Social
8Services shall administer the Housing and Disability Income
9Advocacy Program to provide state matching grant funds to
10participating counties for the provision of outreach, case
11management, and advocacy services and housing assistance to
12individuals in need.

13(b) Funds appropriated pursuant to this chapter shall be awarded
14to counties by the department according to criteria developed by
15the department, in consultation with the County Welfare Directors
16Association of California and advocates for clients, subject to the
17following restrictions:

18(1) State funds appropriated pursuant to this chapter shall be
19used only for the purposes specified in this chapter.

20(2) A county that receives state funds under this chapter shall
21match that funding on a dollar-for-dollar basis. The county
22matching funds used for this purpose shall supplement, and not
23supplant, other county funding for these purposes.

24(3) A county receiving state funds pursuant to this chapter shall,
25at a minimum, maintain a level of county funding for the outreach,
26active case management, advocacy, and housing assistance services
27described in this chapter that is at least equal to the total of the
28amounts expended by the county for those services in the 2015-16
29fiscal year.

30(4) As part of its application to receive state funds under this
31chapter, a county shall identify how it will collaborate locally
32among, at a minimum, the county departments that are responsible
33for health, including behavioral health, and human or social
34services in carrying out the activities required by this chapter. This
35collaboration shall include, but is not limited to, the sharing of
36information among these departments as necessary to carry out
37the activities required by this chapter.

38

18999.2.  

(a) (1) A participating county shall provide, or
39contract for, outreach, active case management, and advocacy
40services related to all of the following programs, as appropriate:

P87   1(A) The Supplemental Security Income/State Supplementary
2Program for the Aged, Blind, and Disabled (SSI/SSP).

3(B) The federal Social Security Disability Insurance (SSDI)
4program.

5(C) The Cash Assistance Program for Immigrants.

6(D) Veterans benefits provided under federal law, including,
7but not limited to, disability compensation.

8(2) The outreach and case management services required by
9this subdivision shall include, but not be limited to, all of the
10following:

11(A) Receiving referrals.

12(B) Conducting outreach, training, and technical assistance.

13(C) Providing assessment and screening.

14(D) Coordinating record retrieval and other necessary means of
15documenting disability.

16(E) Coordinating the provision of health care, including
17behavioral health care, for clients, as appropriate.

18(3) The advocacy services required by this subdivision, which
19may be provided though legal representation, shall include, but
20not be limited to, the following:

21(A) Developing and filing competently prepared benefit
22applications, appeals, reconsiderations, reinstatements, and
23recertifications.

24(B) Coordinating with federal and state offices regarding
25pending benefit applications, appeals, reconsiderations,
26reinstatements, and recertifications and advocating on behalf of
27the client.

28(b) A participating county shall use screening tools to identify
29populations of individuals who are likely to be eligible for the
30programs listed in subdivision (a), in accordance with the
31following:

32(1) The county shall give highest priority to individuals who
33are chronically homeless or who rely the most heavily on state-
34and county-funded services.

35(2) Other populations to be targeted by the program include,
36but are not limited to, the following:

37(A) General assistance or general relief applicants or recipients
38who are homeless or at risk of homelessness.

39(B) Parents who receive CalWORKs assistance or whose
40children receive assistance or children who are recipients of
P88   1CalWORKs in families that are homeless or at risk of
2homelessness.

3(C) Low-income individuals with disabilities who can be
4diverted from, or who are being discharged from, jails or prisons
5and who are homeless or at risk of homelessness.

6(D) Low-income veterans with disabilities who are homeless
7or at risk of homelessness.

8(E) Low-income individuals with disabilities who are being
9discharged from hospitals, long-term care facilities, or
10rehabilitation facilities and who are homeless or at risk of
11homelessness.

12(c) (1) As appropriate, a participating county may refer an
13individual to workforce development programs who is not likely
14to be eligible for the programs listed in subdivision (a) and who
15may benefit from workforce development programs.

16(2) In consultation with an individual who has been served by
17the Housing and Disability Income Advocacy Program and
18considering the circumstances of his or her disabilities, a
19participating county may, upon approval or final denial of disability
20benefits, refer an individual who may benefit from workforce
21development programs to those programs.

22(3) An individual’s participation in a workforce development
23program pursuant to this subdivision is voluntary.

24

18999.4.  

(a) (1) A participating county shall use funds
25received under this program to establish or expand programs that
26provide housing assistance, including interim housing, recuperative
27care, rental subsidies, or, only when necessary, shelters, for clients
28receiving services under Section 18999.2 during the clients’
29application periods for disability benefits programs described in
30that section. The county shall place a client who receives subsidies
31in housing that the client can sustain without a subsidy upon
32approval of disability benefits. If the client is not approved for
33disability benefits, case management staff shall assist in developing
34a transition plan for housing support through other available
35resources.

36(2) A client’s participation in housing assistance programs or
37services is voluntary.

38(b) A county, with the assistance of the department, shall seek
39reimbursement of funds used for housing assistance, general
40assistance, or general relief from the federal Commissioner of
P89   1Social Security pursuant to an interim assistance reimbursement
2agreement authorized by Section 1631(g) of the federal Social
3Security Act. A county shall expend funds received as
4reimbursement for housing assistance only on additional housing
5assistance for clients receiving services under this chapter.

6

18999.6.  

(a) Each participating county shall annually report
7to the department regarding its funding of advocacy and outreach
8programs in the prior year, as well as the use of state funding
9provided under this chapter, including all of the following:

10(1) The number of clients served in each of the targeted
11populations described in subdivision (b) of Section 18999.2 and
12any other populations the county chose to target.

13(2) The demographics of the clients served, including race or
14ethnicity, age, and gender.

15(3) The number of applications for benefits, and type of benefits,
16filed with the assistance of the county.

17(4) The number of applications approved initially, the number
18approved after reconsideration, the number approved after appeal,
19and the number not approved, including the time to benefits
20establishment.

21(5) For applications that were denied, the reasons for denial.

22(6) The number of clients who received subsidized housing
23during the period that their applications were pending and a
24description of how that impacted the clients and the rates of
25completed applications or approval.

26(7) The number of clients who received subsidized housing who
27maintained that housing during the SSI application period.

28(8) The percentage of individuals approved for SSI who retain
29permanent housing 6, 12, and 24 months after benefits approval.

30(9) The amount and percentage of rental subsidy costs and of
31general assistance or general relief costs recovered through interim
32assistance reimbursement for individuals approved for benefits.

33(10) The number of individuals eligible to be served by this
34program but who have not yet received services.

35(11) Any additional data requirements established by the
36department after consultation with the County Welfare Directors
37Association of California and advocates for clients.

38(b) The department shall periodically inform the Legislature of
39the implementation progress of the program and make related data
40available on its Internet Web site. The department shall also report
P90   1to the Legislature by October 1, 2018, in compliance with Section
29795 of the Government Code, regarding the implementation of
3the program, including the information reported by participating
4counties pursuant to this section.

5(c) Notwithstanding the rulemaking provisions of the
6Administrative Procedures Act (Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code), the department may implement, interpret, or make specific
9this chapter through all-county letters without taking any regulatory
10action.

11

SEC. 33.  

(a) During the 2017 and 2018 legislative budget
12hearings, the State Department of Social Services and the State
13Department of Health Care Services shall update the legislative
14budget committees on activities taken by the departments to
15implement the Continuum of Care Reform (CCR) pursuant to AB
16403 (Chapter 773, Statutes of 2015).

17(b) The information required pursuant to subdivision (a) shall
18include, but is not limited to, all of the following:

19(1) The specialty mental health services provided to foster
20children in short term residential treatment centers, by foster family
21agencies, and by resource families.

22(2) The roles to be performed by the county mental health plans,
23the Medi-Cal managed care plans, and the fee-for-service system
24to coordinate mental health services being provided to foster youth
25pursuant to subdivision (a).

26(3) The actual or projected fiscal information related to the
27implementation of CCR, as follows:

28(A) Funding sources available to provide mental health services
29to foster care children.

30(B) The state, county, and federal funding estimated for the
312016-17 fiscal year to provide mental health services to foster
32children who meet the medical necessity criteria for specialty
33mental health services under the Medi-Cal program.

34

SEC. 34.  

No appropriation pursuant to Section 15201 of the
35Welfare and Institutions Code shall be made for purposes of
36implementing Sectionbegin delete 20end deletebegin insert 22end insert of this act.

37

SEC. 35.  

The State Department of Social Services shall
38convene stakeholders, including county placing agencies, providers,
39foster youth, and legislative staff, commencing no later than July
401, 2016, to discuss the adequacy of the proposed foster care rates
P91   1and rate structure, and the extent to which the rates will achieve
2the desired outcomes for Continuum of Care Reform and AB 403
3(Chapter 773, Statutes of 2015). The department shall report to
4the legislative budget committees no later than August 10, 2016,
5on the results of these discussions. To the extent the proposed rates
6have changed, the department shall provide updated projected
7costs no later than January 10, 2017.

8

SEC. 36.  

(a) Notwithstanding the rulemaking provisions of
9the Administrative Procedure Act (Chapter 3.5 (commencing with
10Section 11340) of Part 1 of Division 3 of Title 2 of the Government
11Code), the State Department of Social Services may implement
12and administer Article 6 (commencing with Section 16523) of
13Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
14Code and the changes made in this act to Sections 11253.45,
1511320.15, 11322.63, 11322.64, 11322.83, 11323.25, 11402 (as
16amended by Section 65 of Chapter 773 of the Statutes of 2015),
1711402 (as amended by Section 66 of Chapter 773 of the Statutes
18of 2015), 11450, 11450.04, 11461.3, 11461.4, 11465, 12301.02,
1916519.5, and 18910.1 of the Welfare and Institutions Code through
20all-county letters or similar instructions until regulations are
21adopted.

22(b) The department shall adopt emergency regulations
23implementing the sections specified in subdivision (a) no later than
24January 1, 2018. The department may readopt any emergency
25regulation authorized by this section that is the same as, or
26substantially equivalent to, any emergency regulation previously
27adopted pursuant to this section. The initial adoption of regulations
28pursuant to this section and one readoption of emergency
29regulations shall be deemed to be an emergency and necessary for
30the immediate preservation of the public peace, health, safety, or
31general welfare. Initial emergency regulations and the one
32readoption of emergency regulations authorized by this section
33shall be exempt from review by the Office of Administrative Law.
34The initial emergency regulations and the one readoption of
35emergency regulations authorized by this section shall be submitted
36to the Office of Administrative Law for filing with the Secretary
37of State, and each shall remain in effect for no more than 180 days,
38by which time final regulations shall be adopted.

39

SEC. 37.  

(a) To the extent that this act has an overall effect
40of increasing the costs already borne by a local agency for programs
P92   1or levels of service mandated by the 2011 Realignment Legislation,
2Section 36 of Article XIII of the California Constitution shall
3govern this act’s application to local agencies and the state’s
4funding of those programs or levels of service.

5(b) However, if the Commission on State Mandates determines
6that this act contains other costs mandated by the state for programs
7or levels of service not described in subdivision (a), reimbursement
8to local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.

11

SEC. 38.  

This act is a bill providing for appropriations related
12to the Budget Bill within the meaning of subdivision (e) of Section
1312 of Article IV of the California Constitution, has been identified
14as related to the budget in the Budget Bill, and shall take effect
15immediately.


CORRECTIONS:

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O

Corrected 6-15-16—See last page.     96