AB 1603,
as amended, Committee on Budget. begin deleteBudget Act of 2016. end deletebegin insertPublic social services omnibus.end insert
(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertExisting 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.
end insertbegin insertExisting 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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis bill would make that provision inoperative on June 30, 2016.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(10) Existing law requires the department to develop an allocation methodology to distribute additional funding for expanded subsidized employment programs for CalWORKs recipients.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertUnder 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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis bill would repeal the maximum family grant rule on January 1, 2017.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertExisting 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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertExisting 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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThis 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.
end insertbegin insert(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.
end insertbegin insertThe 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.
end insertbegin insert(23) The bill would authorize the State Department of Social Services to adopt emergency regulations implementing specified provisions of the bill.
end insertbegin insert(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.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith 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.
end insertbegin insert(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.
end insertbegin insertBy 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.
end insertbegin insert(26) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insertThis bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 155 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
2amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertA 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.begin delete 1101(a)(27)(J)end deletebegin insert 1101 et seq.end insert and
78 C.F.R. Sec. 204.11), which includes, but is not limited to, the
8juvenile, probate, and family court divisions of the superior court.
9These courtsbegin delete mayend deletebegin insert have jurisdiction toend insert make thebegin insert factualend insert findings
P12 1necessary to enable a child to petition the United States Citizenship
2and Immigrationbegin delete Serviceend deletebegin insert Servicesend insert for classification as a special
3immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8
4of the United States Code.
5
(2) The factual findings set forth in paragraph (1) of subdivision
6(b) may be made at any point in a proceeding regardless of the
7division of the superior court or type of proceeding if the
8prerequisites of that subdivision are met.
9(b) (1) If an order is requested from the superior court making
10the necessary findings regarding special immigrant juvenile status
11pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
12Code, and there is evidence
to support those findings, which may
13consistbegin insert solelyend insert of, but is not limited to, a declaration by the child
14who is the subject of the petition, the court shall issue the order,
15which shall include all of the following findings:
16(A) The child was either of the following:
17(i) Declared a dependent of the court.
18(ii) Legally committed to, or placed under the custody of, a state
19agency or department, or an individual or entity appointed by the
20court. The court shall indicate the date on which the dependency,
21commitment, or custody was ordered.
22(B) That reunification of the child with one or both of the child’s
23parents was determined not to be viable
because of abuse, neglect,
24abandonment, or a similar basis pursuant to California law. The
25court shall indicate the date on which reunification was determined
26not to be viable.
27(C) That it is not in the best interest of the child to be returned
28to the child’s, or his or her parent’s, previous country of nationality
29or country of last habitual residence.
30(2) begin deleteIf requested by a party, end deletebegin insertThe superior end insertthe court may make
31additional findingsbegin insert under this sectionend insert that are supported by
32
begin delete evidence.end deletebegin insert evidence only if requested by a party. The asserted,
33purported, or perceived motivation of the child seeking
34classification 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
37perceived motivation of the child seeking classification as a special
38immigrant juvenile in the court’s findings under this section.end insert
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.
begin insertSection 11253.4 of the end insertbegin insertWelfare and Institutions Codeend insert
16
begin insert is amended to read:end insert
(a) (1) On and after January 1, 2015, a child eligible
18for the Approved Relative Caregiver Funding Option Program in
19accordance with Sectionbegin delete 11461.3,end deletebegin insert 11461.3end insert is not subject to the
20provisions of this chapter relating to CalWORKs, including, but
21not limited to, 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
29described 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 isbegin delete placed,end deletebegin insert placedend insert shall be exempt
9from Chapter 4.6 (commencing with Section 10830) of Part 2
10governing the 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 thisbegin delete chapterend deletebegin insert chapter,end insert all of the
21following shall 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.
begin insertSection 11253.45 is added to the end insertbegin insertWelfare and
2Institutions Codeend insertbegin insert, end insertimmediately following Section 11253.4begin insert, to read:end insert
(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
9the standards and processes for overpayment recoupment as
10specified in Section 11466.24, and recouped overpayments shall
11not be subject 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
17aid in an assistance unit separate from the
assistance unit
18described in subparagraph (A) of paragraph (4) of subdivision
19(a), and the CalWORKs grant of the assistance unit shall be paid
20by the county of 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.
begin insertSection 11320.15 of the end insertbegin insertWelfare and Institutions Codeend insert
35
begin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertAfter 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.
begin insertSection 11320.15 is added to the end insertbegin insertWelfare and
8Institutions Codeend insertbegin insert, to read:end insert
(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.
begin insertSection 11320.32 of the end insertbegin insertWelfare and Institutions Codeend insert
18
begin insert is amended to read:end insert
(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 Sectionbegin delete 11320.3,end deletebegin insert 11320.3end insert and
23are not single 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 underbegin delete the age ofend delete
34begin delete one year,end deletebegin insert one year of age,end insert shall have the option of receiving grant
35payments, child care, and transportation services from the
36Temporary Assistance Program. The department shall notify all
37CalWORKs recipients and applicants meeting the exemption
38criteria specified in subdivision (b) of Section 11320.3, except for
39single parents with a child under the age of one year, of their option
40to receive benefits under the Temporary Assistance Program.
P18 1Absent written indication that these recipients or applicants choose
2not to receive assistance from the Temporary Assistance Program,
3the department shall enroll CalWORKs recipients and applicants
4into the program. However, exempt volunteers shall remain in the
5CalWORKs program unless they affirmatively indicate, in writing,
6their interest in enrolling in the Temporary Assistance Program.
7A Temporary Assistance
Program recipient who no longer meets
8the exemption criteria set forth in Section 11320.3 shall be enrolled
9in the CalWORKs 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.
begin insertSection 11322.63 of the end insertbegin insertWelfare and Institutions Codeend insert
38
begin insert is amended to read:end insert
(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 operative on October 1, 2013.
end delete
11
(h) This section shall become inoperative on July 1,
2016, and,
12as of January 1, 2017, is repealed, unless a later enacted statute,
13that becomes operative on or before January 1, 2017, deletes or
14extends the dates on which it becomes inoperative and is repealed.
begin insertSection 11322.64 of the end insertbegin insertWelfare and Institutions Codeend insert
16
begin insert is amended to read:end insert
(a) (1) The department, in consultation with the
18County Welfare Directors Association of California, shall develop
19an allocation methodology to distribute additional funding for
20expanded subsidized employment programs for CalWORKs
21recipients.
22(2) Funds allocated pursuant to this section may be utilized to
23cover all expenditures related to the operational costs of the
24expanded subsidized employment program, including the cost of
25overseeing the program, developing work sites, and providing
26training to participants, as well as wage and nonwage costs.
27(3) The department, in consultation with the County Welfare
28Directors Association of California, shall determine the amount
29or
proportion of funding allocated pursuant to this section that may
30be utilized for operational costs, consistent with the number of
31employment slots anticipated to be created and the funding
32provided.
33(b) Funds allocated for expanded subsidized employment shall
34be in addition to, and independent of, the county allocations made
35pursuant to Section 15204.2 and shall not be used by a county to
36fund subsidized employment pursuant to Section 11322.63.
37(c) Each county shall submit to the department a plan regarding
38how it intends to utilize the funds allocated pursuant to this section.
P22 1(d) (1) Participation in subsidized employment pursuant to this
2section shall be limited to a maximum of six months for each
3participant.
4(2) Notwithstanding paragraph (1), a county may extend
5participation beyond the six-month limitation described in
6paragraph (1) for up to an additional three months at a time, to a
7maximum of no more than 12 total months. Extensions may be
8granted pursuant to this paragraph if the county determines that
9the additional time will increase the likelihood of either of the
10following:
11(A) The participant obtaining unsubsidized employment with
12the participating employer.
13(B) The participant obtaining specific skills and experiences
14relevant for unsubsidized employment in a particular field.
15(e) A county may continue to provide subsidized employment
16funded under this section to individuals who become ineligible for
17CalWORKs benefits in accordance with Section 11323.25.
18(f) Upon application for CalWORKs assistance after a
19participant’s subsidized employment ends, if an assistance unit is
20otherwise eligible within three calendar months of the date that
21subsidized employment ended, the income exemption requirements
22contained in Section 11451.5 and the work requirements contained
23in subdivision (c) of Section 11201 shall apply. If aid is restored
24after the expiration of that three-month period, the income
25exemption requirements contained in Section 11450.12 and the
26work requirements contained in subdivision (b) of Section 11201
27shall apply.
28(g) No later than April 1, 2015, the State Department of Social
29Services shall submit at least the following information regarding
30implementation of this section to the Legislature:
31(1) The number of CalWORKs recipients that entered subsidized
32
employment.
33(2) The number of CalWORKs recipients who found
34nonsubsidized employment after the subsidy ends.
35(3) The earnings of the program participants before and after
36the subsidy.
37(4) The impact of this program on the state’s work participation
38rate.
39
(h) This section shall become inoperative on July 1 2016, and,
40as of January 1, 2017, is repealed, unless a later enacted statute,
P23 1that becomes operative on or before January 1, 2017, deletes or
2extends the dates on which it becomes inoperative and is repealed.
begin insertSection 11322.64 is added to the end insertbegin insertWelfare and
4Institutions Codeend insertbegin insert, to read:end insert
(a) (1) The department, in consultation with the
6County Welfare Directors Association of California, shall develop
7an allocation methodology to distribute additional funding for
8expanded subsidized employment programs for CalWORKs
9recipients, or individuals described in Section 11320.15 who have
10exceeded the time limits specified in subdivision (a) of Section
1111454.
12
(2) Funds allocated pursuant to this section may be utilized to
13cover all expenditures related to the operational costs of the
14expanded subsidized employment program, including the cost of
15overseeing the program, developing work sites, and providing
16training to participants, as well as wage and nonwage costs.
17
(3) The department, in consultation with the County Welfare
18Directors Association of California, shall determine the amount
19or proportion of funding allocated pursuant to this section that
20may be utilized for operational costs, consistent with the number
21of employment slots anticipated to be created and the funding
22provided.
23
(b) Funds allocated for expanded subsidized employment shall
24be in addition to, and independent of, the county allocations made
25pursuant to Section 15204.2.
26
(c) (1) A county that accepts additional funding for expanded
27subsidized employment in accordance with this section shall
28continue to expend no less than the aggregate amount of funding
29received by the county pursuant to Section 15204.2 that the county
30expended on subsidized employment in the 2012-13 fiscal year
31pursuant to
Section 11322.63, as that section read on June 30,
322016.
33
(2) This subdivision shall not apply for any fiscal year in which
34the total CalWORKs caseload is projected by the department to
35increase by more than 5 percent of the total actual CalWORKs
36caseload in the 2012-13 fiscal year.
37
(d) Each county shall submit to the department a plan regarding
38how it intends to utilize the funds allocated pursuant to this section.
P24 1
(e) (1) Participation in subsidized employment pursuant to this
2section shall be limited to a maximum of six months for each
3participant.
4
(2) Notwithstanding paragraph (1), a county may extend
5participation beyond the six-month limitation described in
6paragraph (1) for up to an additional three months at a time, to a
7
maximum of no more than 12 total months. Extensions may be
8granted pursuant to this paragraph if the county determines that
9the additional time will increase the likelihood of either of the
10following:
11
(A) The participant obtaining unsubsidized employment with
12the participating employer.
13
(B) The participant obtaining specific skills and experiences
14relevant for unsubsidized employment in a particular field.
15
(f) A county may continue to provide subsidized employment
16funded under this section to individuals who become ineligible for
17CalWORKs benefits in accordance with Section 11323.25.
18
(g) Upon application for CalWORKs assistance after a
19participant’s subsidized employment ends, if an assistance unit is
20otherwise eligible within three calendar months of
the date that
21subsidized employment ended, the income exemption requirements
22contained in Section 11451.5 and the work requirements contained
23in subdivision (c) of Section 11201 shall apply. If aid is restored
24after the expiration of that three-month period, the income
25exemption requirements contained in Section 11450.12 and the
26work requirements contained in subdivision (b) of Section 11201
27shall apply.
28
(h) No later than April 1, 2015, the State Department of Social
29Services shall submit at least the following information regarding
30implementation of this section to the Legislature:
31
(1) The number of CalWORKs recipients that entered subsidized
32employment.
33
(2) The number of CalWORKs recipients who found
34nonsubsidized employment after the subsidy ends.
35
(3) The earnings of the program participants before and after
36the subsidy.
37
(4) The impact of this program on the state’s work participation
38rate.
39
(i) This section shall become operative on July 1, 2016.
begin insertSection 11322.83 is added to the end insertbegin insertWelfare and
2Institutions Codeend insertbegin insert, end insertimmediately following Section 11322.8begin insert, to read:end insert
(a) A recipient who is making satisfactory progress
4in a career pathway program established in accordance with the
5federal Workforce Innovation and Opportunity Act (Public Law
6113-128) shall be deemed to be in compliance with the hourly
7participation requirements described in subdivision (a) of Section
811322.8.
9
(b) Subdivision (a) applies only if a local workforce development
10board established under Section 3122 of Title 29 of the United
11States Code provides its approval that the career pathway program
12meets the requirements of Section 3102(7) of Title 29 of the United
13States Code and the county verifies that the recipient is making
14satisfactory progress in that program.
begin insertSection 11323.25 of the end insertbegin insertWelfare and Institutions Codeend insert
16
begin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertIn addition to its authority under subdivision
18(b) of Section 11323.2, if provided in a county plan, the county
19may continue to provide welfare-to-work services to former
20participants who became ineligible for CalWORKs benefits
21because they became employed under Section 11322.63 or
2211322.64. The county may provide these services for up to the
23first 12 months of employment, to the extent they are not available
24from other sources and are needed for the individual to retain the
25subsidized employment.
26
(b) This section shall become inoperative on July 1 2016, and,
27as of
January 1, 2017, is repealed, unless a later enacted statute,
28that becomes operative on or before January 1, 2017, deletes or
29extends the dates on which it becomes inoperative and is repealed.
begin insertSection 11323.25 is added to the end insertbegin insertWelfare and
31Institutions Codeend insertbegin insert, to read:end insert
(a) In addition to its authority under subdivision
33(b) of Section 11323.2, if provided in a county plan, the county
34may continue to provide welfare-to-work services to former
35participants who became ineligible for CalWORKs benefits because
36they became employed under Section 11322.64. The county may
37provide these services for up to the first 12 months of employment,
38to the extent they are not available from other sources and are
39needed for the individual to retain the subsidized employment.
40
(b) This section shall become operative on July 1, 2016.
begin insertSection 11402 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
2as amended by Section 65 of Chapter 773 of the
Statutes of 2015,
3is amended to read:end insert
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 licensed family home of a
10nonrelative.
11(2) Prior to January 1, 2019, the approved home of a nonrelative
12extended family member as described in Section 362.7.
13(c) The approved home of a resourcebegin delete familyend deletebegin insert family,end insert as defined
14in Sectionbegin delete 16519.5.end deletebegin insert 16519.5, if either of the following is true:end insert
15
(1) The caregiver is a nonrelative.
16
(2) The caregiver is a relative, and the child or youth is
17otherwise eligible for federal financial participation in the
18AFDC-FC payment.
19(d) A licensed group home, as defined in subdivision (h) of
20Section 11400, excluding a runaway and homeless youth shelter
21as defined in subdivision (ab) of Section 11400, provided that the
22placement worker has documented
that the placement is necessary
23to meet the treatment needs of the child or youth and that the
24facility offers those treatment services.
25(e) The home of a nonrelated legal guardian or the home of a
26former nonrelated legal guardian when the guardianship of a child
27or youth who is otherwise eligible for AFDC-FC has been
28dismissed due to the child or youth attaining 18 years of age.
29(f) An exclusive-use home.
30(g) A housing model certified by a licensed transitional housing
31placement provider as described in Section 1559.110 of the Health
32and Safety Code and as defined in subdivision (r) of Section 11400.
33(h) An out-of-state group home, provided that the placement
34worker, in addition to complying with all other statutory
35requirements for placing a child or
youth in an out-of-state group
36home, documents that the requirements of Section 7911.1 of the
37Family Code have been met.
38(i) An approved supervised independent living setting for
39nonminor dependents, as defined in subdivision (w) of Section
4011400.
P27 1(j) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.
begin insertSection 11402 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
5as added by Section 66 of
Chapter 773 of the Statutes of 2015, is
6amended to read:end insert
In order to be eligible for AFDC-FC, a child or
8nonminor dependent shall be placed in one of the following:
9(a) Prior to January 1, 2019, the approved home of a relative,
10provided the child or youth is otherwise eligible for federal
11financial participation in the AFDC-FC payment.
12(b) (1) Prior to January 1, 2019, the home of a nonrelated legal
13guardian or the home of a former nonrelated legal guardian when
14the guardianship of a child or youth who is otherwise eligible for
15AFDC-FC has been dismissed due to the child or youth attaining
1618 years of age.
17(2) Prior to January 1, 2019, the approved home of a nonrelative
18extended family
member, as described in Section 362.7.
19(c) (1) Prior to January 1, 2019, the licensed family home of a
20nonrelative.
21(2) The approved home of a resource family, as defined in
22Sectionbegin delete 16519.5.end deletebegin insert 16519.5, if either of the following is true:end insert
23
(A) The caregiver is a nonrelative.
24
(B) The caregiver is a relative, and the child or youth is
25otherwise eligible for federal financial participation in the
26AFDC-FC payment.
27(d) (1) A housing model certified by a licensed transitional
28housing placement provider, as described in Section 1559.110 of
29the Health and Safety Code, and as defined in subdivision (r) of
30Section
11400.
31(2) An approved supervised independent living setting for
32nonminor dependents, as defined in subdivision (w) of Section
3311400.
34(e) A licensed foster family agency, as defined in subdivision
35(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
361502 of the Health and Safety Code, for placement into a certified
37or approved home.
38(f) A short-term residential treatment center licensed as a
39community care facility, as defined in subdivision (ad) of Section
P28 111400 and paragraph (18) of subdivision (a) of Section 1502 of
2the Health and Safety Code.
3(g) An out-of-state group home that meets the requirements of
4paragraph (2) of subdivision (c) of Section 11460, provided that
5the placement worker, in addition to complying with all other
6
statutory requirements for placing a child or youth in an out-of-state
7group home, documents that the requirements of Section 7911.1
8of the Family Code have been met.
9(h) A community treatment facility set forth in Article 5
10(commencing with Section 4094) of Chapter 3 of Part 1 of Division
114.
12(i) This section shall become operative on January 1, 2017.
begin insertSection 11450 of the end insertbegin insertWelfare and Institutions Codeend insert
14
begin insert is amended to read:end insert
(a) (1) (A) Aid shall be paid for each needy family,
16which shall include all eligible brothers and sisters of each eligible
17applicant or recipient child and the parents of the children, but
18shall not include unborn children, or recipients of aid under Chapter
193 (commencing with Section 12000), qualified for aid under this
20chapter. In determining the amount of aid paid, and notwithstanding
21the minimum basic standards of adequate care specified in Section
2211452, the family’s income, exclusive of any amounts considered
23exempt as income or paid pursuant to subdivision (e) or Section
2411453.1, determined for the prospective semiannual period
25pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
26calculated pursuant to Section 11451.5, shall be deducted from
27the sum specified in the
following table, as adjusted for
28cost-of-living increases pursuant to Section 11453 and paragraph
29(2). In no case shall the amount of aid paid for each month exceed
30the sum specified in the following table, as adjusted for
31cost-of-living increases pursuant to Section 11453 and paragraph
32(2), plus any special needs, as specified in subdivisions (c), (e),
33and (f):
|
Number of |
Maximum |
|---|---|
|
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 |
14(B) If, when, and during those times that the United States
15government increases or decreases its contributions in assistance
16of needy children in this state above or below the amount paid on
17July 1, 1972, the amounts specified in the above table shall be
18increased or decreased by an amount equal to that increase or
19decrease by the United States government, provided that no
20increase or decrease shall be subject to subsequent adjustment
21pursuant to Section 11453.
22(2) The sums specified in paragraph (1) shall not be adjusted
23for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
241994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
25October 31, 1998, nor shall that amount be included in the base
26for calculating any cost-of-living increases for any fiscal year
27thereafter. Elimination of the cost-of-living adjustment pursuant
28to this paragraph shall satisfy the requirements of Section 11453.05,
29and no further reduction shall be made pursuant to that section.
30(b) (1) When the family does not include a needy child qualified
31for aid under this chapter, aid shall be paid to a pregnant child who
32is 18 years of age or younger at any time after verification of
33pregnancy, in the amount that would otherwise be paid to one
34person, as specified in subdivision (a), if the child and her child,
35if born, would have
qualified for aid under this chapter. Verification
36of pregnancy shall be required as a condition of eligibility for aid
37under this subdivision.
38(2) Notwithstanding paragraph (1), when the family does not
39include a needy child qualified for aid under this chapter, aid shall
40be paid to a pregnant woman for the month in which the birth is
P30 1anticipated and for the six-month period immediately prior to the
2month in which the birth is anticipated, in the amount that would
3otherwise be paid to one person, as specified in subdivision (a), if
4the woman and child, if born, would have qualified for aid under
5this chapter. Verification of pregnancy shall be required as a
6condition of eligibility for aid under this subdivision.
7(3) Paragraph (1) shall apply only when the Cal-Learn Program
8is operative.
9(c) The amount of
forty-seven dollars ($47) per month shall be
10paid to pregnant women qualified for aid under subdivision (a) or
11(b) to meet special needs resulting from pregnancy if the woman
12and child, if born, would have qualified for aid under this chapter.
13County welfare departments shall refer all recipients of aid under
14this subdivision to a local provider of the Women, Infants, and
15Children program. If that payment to pregnant women qualified
16for aid under subdivision (a) is considered income under federal
17law in the first five months of pregnancy, payments under this
18subdivision shall not apply to persons eligible under subdivision
19(a), except for the month in which birth is anticipated and for the
20three-month period immediately prior to the month in which
21delivery is anticipated, if the woman and child, if born, would have
22qualified for aid under this chapter.
23(d) For children receiving AFDC-FC under this chapter, there
24shall be paid, exclusive of any
amount considered exempt as
25income, an amount of aid each month that, when added to the
26child’s income, is equal to the rate specified in Section 11460,
2711461, 11462, 11462.1, or 11463. In addition, the child shall be
28eligible for special needs, as specified in departmental regulations.
29(e) In addition to the amounts payable under subdivision (a)
30and Section 11453.1, a family shall be entitled to receive an
31allowance for recurring special needs not common to a majority
32of recipients. These recurring special needs shall include, but not
33be limited to, special diets upon the recommendation of a physician
34for circumstances other than pregnancy, and unusual costs of
35transportation, laundry, housekeeping services, telephone, and
36utilities. The recurring special needs allowance for each family
37per month shall not exceed that amount resulting from multiplying
38the sum of ten dollars ($10) by the number of recipients in the
39family who are eligible for
assistance.
P31 1(f) After a family has used all available liquid resources, both
2exempt and nonexempt, in excess of one hundred dollars ($100),
3with the exception of funds deposited in a restricted account
4described in subdivision (a) of Section 11155.2, the family shall
5also be entitled to receive an allowance for nonrecurring special
6needs.
7(1) An allowance for nonrecurring special needs shall be granted
8for replacement of clothing and household equipment and for
9emergency housing needs other than those needs addressed by
10paragraph (2). These needs shall be caused by sudden and unusual
11circumstances beyond the control of the needy family. The
12department shall establish the allowance for each of the
13nonrecurring special needs items. The sum of all nonrecurring
14special needs provided by this subdivision shall not exceed six
15hundred dollars ($600) per event.
16(2) (A) Homeless assistance is available to a homeless family
17seeking shelter when the family is eligible for aid under this
18chapter. Homeless assistance for temporary shelter is also available
19to homeless families that are apparently eligible for aid under this
20chapter. Apparent eligibility exists when evidence presented by
21the applicant, or that is otherwise available to the county welfare
22department, and the information provided on the application
23documents indicate that there would be eligibility for aid under
24this chapter if the evidence and information were verified.
25However, an alien applicant who does not provide verification of
26his or her eligible alien status, or a woman with no eligible children
27who does not provide medical verification of pregnancy, is not
28apparently eligible for purposes of this section.
29(B) A family is considered homeless, for the
purpose of this
30section, when the family lacks a fixed and regular nighttime
31residence; or the family has a primary nighttime residence that is
32a supervised publicly or privately operated shelter designed to
33provide temporary living accommodations; or the family is residing
34in a public or private place not designed for, or ordinarily used as,
35a regular sleeping accommodation for human beings. A family is
36also considered homeless for the purpose of this section if the
37family has received a notice to pay rent or quit. The family shall
38demonstrate that the eviction is the result of a verified financial
39hardship as a result of extraordinary circumstances beyond their
40control, and not other lease or rental violations, and that the family
P32 1is experiencing a financial crisis that could result in homelessness
2if preventative assistance is not provided.
3 (A)
end delete
4begin insert(3)end insertbegin insert end insertbegin insert(A)end insert (i) A nonrecurring special needs benefit of sixty-five
5dollars ($65) a day shall be available to families of up to four
6members for the costs of temporary shelter, subject to the
7requirements of this paragraph. The fifth and additional members
8of the family shall each receive fifteen dollars ($15) per day, up
9to a daily maximum of one hundred twenty-five dollars ($125).
10County welfare departments may increase the daily amount
11available for temporary shelter as necessary to secure the additional
12bedspace needed by the family.
13(ii) This special needs benefit shall be granted or denied
14immediately upon the family’s application for homeless assistance,
15and benefits shall be available for up to three working days. The
16county welfare department shall verify the family’s homelessness
17within the first three working days and if the family meets the
18criteria of
questionable homelessness established by the
19department, the county welfare department shall refer the family
20to its early fraud prevention and detection unit, if the county has
21such a unit, for assistance in the verification of homelessness within
22this period.
23(iii) After homelessness has been verified, the three-day limit
24shall be extended for a period of time which, when added to the
25initial benefits provided, does not exceed a total of 16 calendar
26days. This extension of benefits shall be done in increments of one
27week and shall be based upon searching for permanent housing
28which shall be documented on a housing search form, good cause,
29or other circumstances defined by the department. Documentation
30of a housing search shall be required for the initial extension of
31benefits beyond the three-day limit and on a weekly basis thereafter
32as long as the family is receiving temporary shelter benefits. Good
33cause shall include, but is not limited
to, situations in which the
34county welfare department has determined that the family, to the
35extent it is capable, has made a good faith but unsuccessful effort
36to secure permanent housing while receiving temporary shelter
37benefits.
38(B) (i) A nonrecurring special needs benefit for permanent
39housing assistance is available to pay for last month’s rent and
40security deposits when these payments are reasonable conditions
P33 1of securing a residence, or to pay for up to two months of rent
2arrearages, when these payments are a reasonable condition of
3preventing eviction.
4(ii) The last month’s rent or monthly arrearage portion of the
5payment (I) shall not exceed 80 percent of the family’s total
6monthly household income without the value of CalFresh benefits
7or special needs benefit for a family of that size and (II) shall only
8be made to families that have found
permanent housing costing
9no more than 80 percent of the family’s total monthly household
10income without the value of CalFresh benefits or special needs
11benefit for a family of that size.
12(iii) However, if the county welfare department determines that
13a family intends to reside with individuals who will be sharing
14housing costs, the county welfare department shall, in appropriate
15circumstances, set aside the condition specified in subclause (II)
16of clause (ii).
17(C) The nonrecurring special needs benefit for permanent
18housing assistance is also available to cover the standard costs of
19deposits for utilities which are necessary for the health and safety
20of the family.
21(D) A payment for or denial of permanent housing assistance
22shall be issued no later than one working day from the time that a
23family presents evidence
of the availability of permanent housing.
24If an applicant family provides evidence of the availability of
25permanent housing before the county welfare department has
26established eligibility for aid under this chapter, the county welfare
27department shall complete the eligibility determination so that the
28denial of or payment for permanent housing assistance is issued
29within one working day from the submission of evidence of the
30availability of permanent housing, unless the family has failed to
31provide all of the verification necessary to establish eligibility for
32aid under this chapter.
33(E) (i) Except as provided in clauses (ii) and (iii), eligibility
34for the temporary shelter assistance and the permanent housing
35assistance pursuant to this paragraph shall be limited to one period
36of up to 16 consecutive calendar days of temporary assistance and
37one payment of permanent assistance. Any family that includes a
38parent or
nonparent caretaker relative living in the home who has
39previously received temporary or permanent homeless assistance
40at any time on behalf of an eligible child shall not be eligible for
P34 1further homeless assistance. Any person who applies for homeless
2assistance benefits shall be informed that the temporary shelter
3benefit of up to 16 consecutive days is available only once in a
4lifetime, with certain exceptions, and that a break in the consecutive
5use of the benefit constitutes permanent exhaustion of the
6temporary benefit.
7(ii) A family that becomes homeless as a direct and primary
8result of a state or federally declared natural disaster shall be
9eligible for temporary and permanent homeless assistance.
10(iii) A family shall be eligible for temporary and permanent
11homeless assistance when homelessness is a direct result of
12domestic violence by a spouse, partner, or roommate;
physical or
13mental illness that is medically verified that shall not include a
14diagnosis of alcoholism, drug addiction, or psychological stress;
15begin delete or,end deletebegin insert orend insert the uninhabitability of the former residence caused by sudden
16and unusual circumstances beyond the control of the family
17including natural catastrophe, fire, or condemnation. These
18circumstances shall be verified by a third-party governmental or
19private health and human services agency, except that domestic
20violence may also be verified by a sworn statement by the victim,
21as provided under Section 11495.25. Homeless assistance payments
22based on these specific circumstances may not be received more
23often than once in any 12-month period. In addition, if the domestic
24violence is verified by a sworn statement by the victim, the
25homeless assistance payments shall be limited to two periods of
26not more than 16 consecutive calendar days of temporary assistance
27and two payments of permanent assistance. A county may require
28that a recipient of
homeless assistance benefits who qualifies under
29this paragraph for a second time in a 24-month period participate
30in a homelessness avoidance case plan as a condition of eligibility
31for homeless assistance benefits. The county welfare department
32shall immediately inform recipients who verify domestic violence
33by a sworn statement of the availability of domestic violence
34counseling and services, and refer those recipients to services upon
35request.
36(iv) If a county requires a recipient who verifies domestic
37violence by a sworn statement to participate in a homelessness
38avoidance case plan pursuant to clause (iii), the plan shall include
39the provision of domestic violence services, if appropriate.
P35 1(v) If a recipient seeking homeless assistance based on domestic
2violence pursuant to clause (iii) has previously received homeless
3avoidance services based on domestic violence, the
county shall
4review whether services were offered to the recipient and consider
5what additional services would assist the recipient in leaving the
6domestic violence situation.
7(vi) The county welfare department shall report necessary data
8to the department through a statewide homeless assistance payment
9indicator system, as requested by the department, regarding all
10recipients of aid under this paragraph.
11(F) The county welfare departments, and all other entities
12participating in the costs of the CalWORKs program, have the
13right in their share to any refunds resulting from payment of the
14permanent housing. However, if an emergency requires the family
15to move within the 12-month period specified in subparagraph
16(E), the family shall be allowed to use any refunds received from
17its deposits to meet the costs of moving to another residence.
18(G) Payments to providers for temporary shelter and permanent
19housing and utilities shall be made on behalf of families requesting
20these payments.
21(H) The daily amount for the temporary shelter special needs
22benefit for homeless assistance may be increased if authorized by
23the current year’s Budget Act by specifying a different daily
24allowance and appropriating the funds therefor.
25(I) No payment shall be made pursuant to this paragraph unless
26the provider of housing is a commercial establishment, shelter, or
27person in the business of renting properties who has a history of
28renting properties.
29(g) The department shall establish rules and regulations ensuring
30the uniform statewide application of this section.
31(h) The department shall notify all applicants and recipients of
32aid through the standardized application form that these benefits
33are available and shall provide an opportunity for recipients to
34apply for the funds quickly and efficiently.
35(i) (A) Except for the purposes of Section 15200, the amounts
36payable to recipients pursuant to Section 11453.1 shall not
37constitute part of the payment schedule set forth in subdivision
38(a).
P36 1(B) The amounts payable to recipients pursuant to Section
211453.1 shall not constitute income to recipients of aid under this
3section.
4(j) For children receiving Kin-GAP pursuant to Article 4.5
5(commencing with Section 11360) or Article 4.7 (commencing
6with Section 11385) there shall be paid, exclusive of any amount
7considered exempt as income, an amount of
aid each month, which,
8when added to the child’s income, is equal to the rate specified in
9Sections 11364 and 11387.
10(k) (1) A county shall implement the semiannual reporting
11requirements in accordance with Chapter 501 of the Statutes of
122011 no later than October 1, 2013.
13(2) Upon completion of the implementation described in
14paragraph (1), each county shall provide a certificate to the director
15certifying that semiannual reporting has been implemented in the
16county.
17(3) Upon filing the certificate described in paragraph (2), a
18county shall comply with the semiannual reporting provisions of
19this section.
20(l) This section shall become operative on July 1, 2015.
begin insert
21
(m) This section shall remain in effect only until January 1,
222017, and as of that date is repealed, unless a later enacted statute,
23that is enacted before January 1, 2017, deletes or extends that
24date.
begin insertSection 11450 is added to the end insertbegin insertWelfare and Institutions
26Codeend insertbegin insert, to read:end insert
(a) (1) (A) Aid shall be paid for each needy family,
28which shall include all eligible brothers and sisters of each eligible
29applicant or recipient child and the parents of the children, but
30shall not include unborn children, or recipients of aid under
31Chapter 3 (commencing with Section 12000), qualified for aid
32under this chapter. In determining the amount of aid paid, and
33notwithstanding the minimum basic standards of adequate care
34specified in Section 11452, the family’s income, exclusive of any
35amounts considered exempt as income or paid pursuant to
36subdivision (e) or Section 11453.1, determined for the prospective
37semiannual period pursuant to Sections 11265.1, 11265.2, and
3811265.3, and then calculated pursuant to Section 11451.5, shall
39be deducted from the
sum specified in the following table, as
40adjusted for cost-of-living increases pursuant to Section 11453
P37 1and paragraph (2). In no case shall the amount of aid paid for
2each month exceed the sum specified in the following table, as
3adjusted for cost-of-living increases pursuant to Section 11453
4and paragraph (2), plus any special needs, as specified in
5subdivisions (c), (e), and (f):
| begin insert
Number of | begin insert
Maximum |
|---|---|
| begin insert
1 end insert | begin insert
$ 326 end insert |
| begin insert
2 end insert | begin insert
535 end insert |
| begin insert
3 end insert | begin insert
663 end insert |
| begin insert
4 end insert | begin insert
788 end insert |
| begin insert
5 end insert | begin insert
899 end insert |
| begin insert
6 end insert | begin insert
1,010 end insert |
| begin insert
7 end insert | begin insert
1,109 end insert |
| begin insert
8 end insert | begin insert
1,209 end insert |
| begin insert
9 end insert | begin insert
1,306 end insert |
| begin insert
10 or more end insert | begin insert
1,403 end insert |
22
(B) If, when, and during those times that the United States
23government increases or decreases its contributions in assistance
24of needy children in this state above or below the amount paid on
25July 1, 1972, the amounts specified in the above table shall be
26increased or decreased by an amount equal to that increase or
27decrease by the United States government, provided that no
28increase or decrease shall be subject to subsequent adjustment
29pursuant to Section 11453.
30
(2) The sums specified in paragraph (1) shall not be adjusted
31for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
321994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and
33through October 31, 1998, nor shall that amount be included in
34the base for calculating any cost-of-living increases for any fiscal
35year thereafter. Elimination of the cost-of-living adjustment
36pursuant to this paragraph shall satisfy the requirements of Section
3711453.05, and no further reduction shall be made pursuant to that
38section.
39
(b) (1) When the family does not include a needy child qualified
40for aid under this chapter, aid shall be paid to a pregnant child
P38 1who is 18 years of age or younger at any time after verification of
2pregnancy, in the amount that would otherwise be paid to one
3person, as specified in subdivision (a), if the child and her child,
4if born, would have
qualified for aid under this chapter.
5Verification of pregnancy shall be required as a condition of
6eligibility for aid under this subdivision.
7
(2) Notwithstanding paragraph (1), when the family does not
8include a needy child qualified for aid under this chapter, aid shall
9be paid to a pregnant woman for the month in which the birth is
10anticipated and for the six-month period immediately prior to the
11month in which the birth is anticipated, in the amount that would
12otherwise be paid to one person, as specified in subdivision (a),
13if the woman and child, if born, would have qualified for aid under
14this chapter. Verification of pregnancy shall be required as a
15condition of eligibility for aid under this subdivision.
16
(3) Paragraph (1) shall apply only when the Cal-Learn Program
17is operative.
18
(c) The amount of
forty-seven dollars ($47) per month shall be
19paid to pregnant women qualified for aid under subdivision (a)
20or (b) to meet special needs resulting from pregnancy if the woman
21and child, if born, would have qualified for aid under this chapter.
22County welfare departments shall refer all recipients of aid under
23this subdivision to a local provider of the Women, Infants, and
24Children program. If that payment to pregnant women qualified
25for aid under subdivision (a) is considered income under federal
26law in the first five months of pregnancy, payments under this
27subdivision shall not apply to persons eligible under subdivision
28(a), except for the month in which birth is anticipated and for the
29three-month period immediately prior to the month in which
30delivery is anticipated, if the woman and child, if born, would have
31qualified for aid under this chapter.
32
(d) For children receiving AFDC-FC under this chapter, there
33shall be paid, exclusive of any
amount considered exempt as
34income, an amount of aid each month that, when added to the
35child’s income, is equal to the rate specified in Section 11460,
3611461, 11462, 11462.1, or 11463. In addition, the child shall be
37eligible for special needs, as specified in departmental regulations.
38
(e) In addition to the amounts payable under subdivision (a)
39and Section 11453.1, a family shall be entitled to receive an
40allowance for recurring special needs not common to a majority
P39 1of recipients. These recurring special needs shall include, but not
2be limited to, special diets upon the recommendation of a physician
3for circumstances other than pregnancy, and unusual costs of
4transportation, laundry, housekeeping services, telephone, and
5utilities. The recurring special needs allowance for each family
6per month shall not exceed that amount resulting from multiplying
7the sum of ten dollars ($10) by the number of recipients in the
8family who are eligible for
assistance.
9
(f) After a family has used all available liquid resources, both
10exempt and nonexempt, in excess of one hundred dollars ($100),
11with the exception of funds deposited in a restricted account
12described in subdivision (a) of Section 11155.2, the family shall
13also be entitled to receive an allowance for nonrecurring special
14needs.
15
(1) An allowance for nonrecurring special needs shall be
16granted for replacement of clothing and household equipment and
17for emergency housing needs other than those needs addressed by
18paragraph (2). These needs shall be caused by sudden and unusual
19circumstances beyond the control of the needy family. The
20department shall establish the allowance for each of the
21nonrecurring special needs items. The sum of all nonrecurring
22special needs provided by this subdivision shall not exceed six
23hundred dollars ($600) per event.
24
(2) (A) Homeless assistance is available to a homeless family
25seeking shelter when the family is eligible for aid under this
26chapter. Homeless assistance for temporary shelter is also
27available to homeless families that are apparently eligible for aid
28under this chapter. Apparent eligibility exists when evidence
29presented by the applicant, or that is otherwise available to the
30county welfare department, and the information provided on the
31application documents indicate that there would be eligibility for
32aid under this chapter if the evidence and information were
33verified. However, an alien applicant who does not provide
34verification of his or her eligible alien status, or a woman with no
35eligible children who does not provide medical verification of
36pregnancy, is not apparently eligible for purposes of this section.
37
(B) A family is considered homeless, for the
purpose of this
38section, when the family lacks a fixed and regular nighttime
39residence; or the family has a primary nighttime residence that is
40a supervised publicly or privately operated shelter designed to
P40 1provide temporary living accommodations; or the family is residing
2in a public or private place not designed for, or ordinarily used
3as, a regular sleeping accommodation for human beings. A family
4is also considered homeless for the purpose of this section if the
5family has received a notice to pay rent or quit. The family shall
6demonstrate that the eviction is the result of a verified financial
7hardship as a result of extraordinary circumstances beyond their
8control, and not other lease or rental violations, and that the family
9is experiencing a financial crisis that could result in homelessness
10if preventative assistance is not provided.
11
(3) (A) (i) A nonrecurring special needs benefit of
sixty-five
12dollars ($65) a day shall be available to families of up to four
13members for the costs of temporary shelter, subject to the
14requirements of this paragraph. The fifth and additional members
15of the family shall each receive fifteen dollars ($15) per day, up
16to a daily maximum of one hundred twenty-five dollars ($125).
17County welfare departments may increase the daily amount
18available for temporary shelter as necessary to secure the
19additional bedspace needed by the family.
20
(ii) This special needs benefit shall be granted or denied
21immediately upon the family’s application for homeless assistance,
22and benefits shall be available for up to three working days. The
23county welfare department shall verify the family’s homelessness
24within the first three working days and if the family meets the
25criteria of questionable homelessness established by the
26department, the county welfare department shall refer the family
27to its early fraud
prevention and detection unit, if the county has
28such a unit, for assistance in the verification of homelessness within
29this period.
30
(iii) After homelessness has been verified, the three-day limit
31shall be extended for a period of time which, when added to the
32initial benefits provided, does not exceed a total of 16 calendar
33days. This extension of benefits shall be done in increments of one
34week and shall be based upon searching for permanent housing
35which shall be documented on a housing search form, good cause,
36or other circumstances defined by the department. Documentation
37of a housing search shall be required for the initial extension of
38benefits beyond the three-day limit and on a weekly basis thereafter
39as long as the family is receiving temporary shelter benefits. Good
40cause shall include, but is not limited to, situations in which the
P41 1county welfare department has determined that the family, to the
2extent it is capable, has made a good
faith but unsuccessful effort
3to secure permanent housing while receiving temporary shelter
4benefits.
5
(B) (i) A nonrecurring special needs benefit for permanent
6housing assistance is available to pay for last month’s rent and
7security deposits when these payments are reasonable conditions
8of securing a residence, or to pay for up to two months of rent
9arrearages, when these payments are a reasonable condition of
10preventing eviction.
11
(ii) The last month’s rent or monthly arrearage portion of the
12payment (I) shall not exceed 80 percent of the family’s total
13monthly household income without the value of CalFresh benefits
14or special needs benefit for a family of that size and (II) shall only
15be made to families that have found permanent housing costing
16no more than 80 percent of the family’s total monthly household
17income without the value of CalFresh benefits or
special needs
18benefit for a family of that size.
19
(iii) However, if the county welfare department determines that
20a family intends to reside with individuals who will be sharing
21housing costs, the county welfare department shall, in appropriate
22circumstances, set aside the condition specified in subclause (II)
23of clause (ii).
24
(C) The nonrecurring special needs benefit for permanent
25housing assistance is also available to cover the standard costs
26of deposits for utilities which are necessary for the health and
27safety of the family.
28
(D) A payment for or denial of permanent housing assistance
29shall be issued no later than one working day from the time that
30a family presents evidence of the availability of permanent housing.
31If an applicant family provides evidence of the availability of
32permanent housing before the
county welfare department has
33established eligibility for aid under this chapter, the county welfare
34department shall complete the eligibility determination so that the
35denial of or payment for permanent housing assistance is issued
36within one working day from the submission of evidence of the
37availability of permanent housing, unless the family has failed to
38provide all of the verification necessary to establish eligibility for
39aid under this chapter.
P42 1
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
2for the temporary shelter assistance and the permanent housing
3assistance pursuant to this paragraph shall be limited to one period
4of up to 16 consecutive calendar days of temporary assistance and
5one payment of permanent assistance every 12 months. A person
6who applies for homeless assistance benefits shall be informed
7that the temporary shelter benefit of up to 16 consecutive days is
8available only once
every 12 months, with certain exceptions, and
9that a break in the consecutive use of the benefit constitutes
10exhaustion of the temporary benefit for that 12-month period.
11
(ii) A family that becomes homeless as a direct and primary
12result of a state or federally declared natural disaster shall be
13eligible for temporary and permanent homeless assistance.
14
(iii) A family shall be eligible for temporary and permanent
15homeless assistance when homelessness is a direct result of
16domestic violence by a spouse, partner, or roommate; physical or
17mental illness that is medically verified that shall not include a
18diagnosis of alcoholism, drug addiction, or psychological stress;
19or, the uninhabitability of the former residence caused by sudden
20and unusual circumstances beyond the control of the family
21including natural catastrophe, fire, or condemnation. These
22circumstances shall be verified by
a third-party governmental or
23private health and human services agency, except that domestic
24violence may also be verified by a sworn statement by the victim,
25as provided under Section 11495.25. Homeless assistance payments
26based on these specific circumstances may not be received more
27often than once in any 12-month period. In addition, if the domestic
28violence is verified by a sworn statement by the victim, the homeless
29assistance payments shall be limited to two periods of not more
30than 16 consecutive calendar days of temporary assistance and
31two payments of permanent assistance. A county may require that
32a recipient of homeless assistance benefits who qualifies under
33this paragraph for a second time in a 24-month period participate
34in a homelessness avoidance case plan as a condition of eligibility
35for homeless assistance benefits. The county welfare department
36shall immediately inform recipients who verify domestic violence
37by a sworn statement of the availability of domestic violence
38counseling and
services, and refer those recipients to services
39upon request.
P43 1
(iv) If a county requires a recipient who verifies domestic
2violence by a sworn statement to participate in a homelessness
3avoidance case plan pursuant to clause (iii), the plan shall include
4the provision of domestic violence services, if appropriate.
5
(v) If a recipient seeking homeless assistance based on domestic
6violence pursuant to clause (iii) has previously received homeless
7avoidance services based on domestic violence, the county shall
8review whether services were offered to the recipient and consider
9what additional services would assist the recipient in leaving the
10domestic violence situation.
11
(vi) The county welfare department shall report necessary data
12to the department through a statewide homeless assistance payment
13indicator system, as
requested by the department, regarding all
14recipients of aid under this paragraph.
15
(F) The county welfare departments, and all other entities
16participating in the costs of the CalWORKs program, have the
17right in their share to any refunds resulting from payment of the
18permanent housing. However, if an emergency requires the family
19to move within the 12-month period specified in subparagraph
20(E), the family shall be allowed to use any refunds received from
21its deposits to meet the costs of moving to another residence.
22
(G) Payments to providers for temporary shelter and permanent
23housing and utilities shall be made on behalf of families requesting
24these payments.
25
(H) The daily amount for the temporary shelter special needs
26benefit for homeless assistance may be increased if authorized by
27the current year’s Budget Act
by specifying a different daily
28allowance and appropriating the funds therefor.
29
(I) No payment shall be made pursuant to this paragraph unless
30the provider of housing is a commercial establishment, shelter, or
31person in the business of renting properties who has a history of
32renting properties.
33
(g) The department shall establish rules and regulations
34ensuring the uniform statewide application of this section.
35
(h) The department shall notify all applicants and recipients of
36aid through the standardized application form that these benefits
37are available and shall provide an opportunity for recipients to
38apply for the funds quickly and efficiently.
39
(i) (A) Except for the purposes of Section 15200, the amounts
40payable to recipients
pursuant to Section 11453.1 shall not
P44 1constitute part of the payment schedule set forth in subdivision
2(a).
3
(B) The amounts payable to recipients pursuant to Section
411453.1 shall not constitute income to recipients of aid under this
5section.
6
(j) For children receiving Kin-GAP pursuant to Article 4.5
7(commencing with Section 11360) or Article 4.7 (commencing with
8Section 11385) there shall be paid, exclusive of any amount
9considered exempt as income, an amount of aid each month, which,
10when added to the child’s income, is equal to the rate specified in
11Sections 11364 and 11387.
12
(k) (1) A county shall implement the semiannual reporting
13requirements in accordance with Chapter 501 of the Statutes of
142011 no later than October 1, 2013.
15
(2) Upon completion of the implementation described in
16paragraph (1), each county shall provide a certificate to the
17director certifying that semiannual reporting has been implemented
18in the county.
19
(3) Upon filing the certificate described in paragraph (2), a
20county shall comply with the semiannual reporting provisions of
21this section.
22
(l) This section shall become operative on January 1, 2017.
begin insertSection 11450.025 of the end insertbegin insertWelfare and Institutions
24Codeend insertbegin insert is amended to read:end insert
(a) (1) Notwithstanding any other law, effective
26on March 1, 2014, the maximum aid payments in effect on July
271, 2012, as specified in subdivision (b) of Section 11450.02, shall
28be increased by 5 percent.
29(2) Effective April 1, 2015, the maximum aid payments in effect
30on July 1, 2014, as specified in paragraph (1), shall be increased
31by 5 percent.
32
(3) Effective October 1, 2016, the maximum aid payments in
33effect on July 1, 2016, as specified in paragraph (2), shall be
34increased by 1.43 percent.
35
(4) (A) Effective January 1, 2017, households eligible for aid
36under this chapter shall receive an increased aid payment
37consistent with the repeal of former Section 11450.04, as it read
38on January 1, 2016, known as the “maximum family grant rule.”
39
(B) In recognition of the increased cost of aid payments resulting
40from that repeal, moneys deposited into the Child Poverty and
P45 1Family Supplemental Support Subaccount shall be allocated to
2counties pursuant to Section 17601.50 as follows:
3
(i) One hundred seven million forty-seven thousand dollars
4($107,047,000) for January 1, 2017, to June
30, 2017, inclusive.
5
(ii) Two hundred twenty-three million four hundred fifty-four
6thousand dollars ($223,454,000) for the 2017-18 fiscal year and
7for every fiscal year thereafter.
8(b) Commencing in 2014 and annually thereafter, on or before
9January 10 and on or before May 14, the Director of Finance shall
10do all of the following:
11(1) Estimate the amount of growth revenues pursuant to
12subdivision (f) of Section 17606.10 that will be deposited in the
13Child Poverty and Family Supplemental Support Subaccount of
14the Local Revenue Fund for the current fiscal year and the
15following fiscal year and the amounts in the subaccount carried
16over from prior fiscal years.
17(2) For the current fiscal year and the following fiscal year,
18determine the total cost of providing the increases described in
19subdivision (a), as well as any other increase in the maximum aid
20payments subsequently provided only under this section, after
21adjusting for updated projections of CalWORKs costs associated
22with caseload changes, as reflected in the local assistance
23subvention estimates prepared by the State Department of Social
24Services and released with the annual Governor’s Budget and
25subsequent May Revision update.
26(3) If the amount estimated in paragraph (1) plus the amount
27projected to be deposited for the current fiscal year into the Child
28Poverty and Family Supplemental Support Subaccount pursuant
29to subparagraph (3) of subdivision (e) of Section 17600.15 is
30greater than the amount determined in paragraph (2), the difference
31shall be used to calculate the percentage
increase to the CalWORKs
32maximum aid payment standards that could be fully funded on an
33ongoing basis beginning the following fiscal year.
34(4) If the amount estimated in paragraph (1) plus the amount
35projected to be deposited for the current fiscal year into the Child
36Poverty and Family Supplemental Support Subaccount pursuant
37to subparagraph (3) of subdivision (e) of Section 17600.15 is equal
38to or less than the amount determined in paragraph (2), no
39additional increase to the CalWORKs maximum aid payment
P46 1standards shall be provided in the following fiscal year in
2accordance with this section.
3(5) (A) Commencing with the 2014-15 fiscal year and for all
4fiscal years thereafter, if changes to the estimated amounts
5determined in paragraphs (1) or (2), or both, as of the May
6Revision, are enacted as part of the final budget, the Director of
7Finance shall repeat,
using the same methodology used in the May
8Revision, the calculations described in paragraphs (3) and (4) using
9the revenue projections and grant costs assumed in the enacted
10budget.
11(B) If a calculation is required pursuant to subparagraph (A),
12the Department of Finance shall report the result of this calculation
13to the appropriate policy and fiscal committees of the Legislature
14upon enactment of the Budget Act.
15(c) An increase in maximum aid payments calculated pursuant
16to paragraph (3) of subdivision (b), or pursuant to paragraph (5)
17of subdivision (b) if applicable, shall become effective on October
181 of the following fiscal year.
19(d) (1) An increase in maximum aid payments provided in
20accordance with this section shall be funded with growth revenues
21from the Child Poverty and Family
Supplemental Support
22Subaccount in accordance with paragraph (3) of subdivision (e)
23of Section 17600.15 and subdivision (f) of Section 17606.10, to
24the extent funds are available in that subaccount.
25(2) If funds received by the Child Poverty and Family
26Supplemental Support Subaccount in a particular fiscal year are
27insufficient to fully fund any increases to maximum aid payments
28made pursuant to this section, the remaining cost for that fiscal
29year will be addressed through existing provisional authority
30included in the annual Budget Act. Additionalbegin delete grantend delete increasesbegin insert to
31the maximum aid paymentsend insert shall not be provided until and unless
32the ongoing cumulative costs of all priorbegin delete grantend delete increases provided
33pursuant to this section are fully funded by the Child Poverty and
34Family Supplemental Support Subaccount.
35(e) Notwithstanding Section 15200, counties shall not be
36required to contribute a share of the costs to cover the increases
37to maximum aid payments made pursuant to this section.
begin insertSection 11450.04 of the end insertbegin insertWelfare and Institutions Codeend insert
39
begin insert is amended to read:end insert
(a) For purposes of determining the maximum aid
2payment specified in subdivision (a) of Section 11450 and for no
3other purpose, the number of needy persons in the same family
4shall not be increased for any child born into a family that has
5received aid under this chapter continuously for the 10 months
6prior to the birth of the child. For purposes of this section, aid shall
7be considered continuous unless the family does not receive aid
8during two consecutive months. This subdivision shall not apply
9to applicants for, or recipients of, aid unless notification is provided
10pursuant to this section.
11(b) This section shall not apply with respect to any of the
12following children:
13(1) Any child who was conceived as a result of an act of rape,
14as defined in Sections 261 and 262 of the Penal Code, if the rape
15was reported to a law enforcement agency, medical or mental
16health professional or social services agency prior to, or within
17three months after, the birth of the child.
18(2) Any child who was conceived as a result of an incestuous
19relationship if the relationship was reported to a medical or mental
20health professional or a law enforcement agency or social services
21agency prior to, or within three months after, the birth of the child,
22or if paternity has been established.
23(3) Any child who was conceived as a result of contraceptive
24failure if the parent was using an intrauterine device, a Norplant,
25or the sterilization of either parent.
26(c) This section shall not apply to any child born on or before
27November 1, 1995.
28(d) (1) This section shall not apply to any child to whom it
29would otherwise apply if the family has not received aid for 24
30consecutive months while the child was living with the family.
31(2) This section shall not apply to any child conceived when
32either parent was a nonneedy caretaker relative.
33(3) This section shall not apply to any child who is no longer
34living in the same home with either parent.
35(e) One hundred percent of any child support payment received
36for a child born into the family, but for whom the maximum aid
37payment is not increased pursuant to this section, shall be paid to
38the assistance unit. Any such child support
payment shall not be
39considered as income to the family for the purpose of calculating
40the amount of aid for which the family is eligible under this article.
P48 1(f) Commencing January 1, 1995, each county welfare
2department shall notify applicants for assistance under this chapter,
3in writing, of the provisions of this section. The notification shall
4also be provided to recipients of aid under this chapter, in writing,
5at the time of recertification, or sooner. The notification required
6by this section shall set forth the provisions of this section and
7shall state explicitly the impact these provisions would have on
8the future aid to the assistance unit. This section shall not apply
9to any recipient’s child earlier than 12 months after the mailing of
10an informational notice as required by this subdivision.
11(g) (1) The department shall seek all appropriate
federal waivers
12for the implementation of this section.
13(2) The department shall implement this section commencing
14on the date the Director of Social Services executes a declaration,
15that shall be retained by the director, stating that the administrative
16actions required by paragraph (1) as a condition of implementation
17of this section have been taken by the United States Secretary of
18Health and Human Services.
19(h) Subdivisions (a) to (g), inclusive, shall become operative
20on January 1, 1995.
21
(i) This section shall remain in effect only until January 1, 2017,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2017, deletes or extends that date.
begin insertSection 11461.3 of the end insertbegin insertWelfare and Institutions Codeend insert
25
begin insert is amended to read:end insert
(a) The Approved Relative Caregiver Funding Option
27Program is hereby established for the purpose of making the
28amount paid to approved relative caregivers for the in-home care
29of children placed with them who are ineligible for AFDC-FC
30payments equal to the amount paid on behalf of children who are
31eligible for AFDC-FC payments. This is an optional program for
32counties choosing to participate, and in so doing, participating
33counties agree to the terms of this section as a condition of their
34participation. It is the intent of the Legislature that the funding
35described in paragraph (1) of subdivision (g) for the Approved
36Relative Caregiver Funding Option Program be appropriated, and
37available for use from January through December of each year,
38unless otherwise specified.
39(b) Subject to subdivision (e), effective January 1, 2015,
40participating counties shall pay an approved relative caregiver a
P49 1per child per month rate in return for the care and supervision, as
2defined in subdivision (b) of Section 11460, of a child that is placed
3with the relative caregiver that is equal to the basic rate paid to
4foster care providers pursuant to subdivision (g) of Section 11461,
5if both of the following conditions are met:
6(1) The county with payment responsibility has notified the
7department in writing by October 1 of the year before participation
8begins of its decision to participate in the Approved Relative
9Caregiver Funding Option Program.
10(2) The related child placed in the home meets all of the
11following requirements:
12(A) The child resides in California.
13(B) The child is described by subdivision (b), (c), or (e) of
14Section 11401 and the county welfare department or the county
15probation department is responsible for the placement and care of
16the child.
17(C) The child is not eligible for AFDC-FC while placed with
18the approved relative caregiver because the child is not eligible
19for federal financial participation in the AFDC-FC payment.
20(c) Any income or benefits received by an eligible child or the
21approved relative caregiver on behalf of the eligible child that
22would be offset against the basic rate paid to a foster care provider
23pursuant to subdivision (g) of Section 11461, shall be offset from
24any funds that are not CalWORKs funds paid to the approved
25relative caregiver pursuant to this section.
26(d) Participating counties shall recoup an overpayment in the
27Approved Relative Caregiver Funding Option Program received
28by an approved relative caregiver using the standards and processes
29for overpayment recoupment that are applicable to overpayments
30to an approved home of a relative, as specified in Section 11466.24.
31Recouped overpayments shall not be subject to remittance to the
32federal government. Any overpaid funds that are collected by the
33participating counties shall be remitted to the state after subtracting
34both of the following:
35(1) An amount not to exceed the county share of the CalWORKs
36portion of the Approved Relative Caregiver Funding Option
37Program payment, if any.
38(2) Any other county funds that were included in the Approved
39Relative Caregiver Funding Option Program payment.
P50 1(e) A
county’s election to participate in the Approved Relative
2Caregiver Funding Option Program shall affirmatively indicate
3that the county understands and agrees to all of the following
4conditions:
5(1) Commencing October 1, 2014, the county shall notify the
6department in writing of its decision to participate in the Approved
7Relative Caregiver Funding Option Program. Failure to make
8timely notification, without good cause as determined by the
9department, shall preclude the county from participating in the
10program for the upcoming calendar year. Annually thereafter, any
11county not already participating who elects to do so shall notify
12the department in writing no later than October 1 of its decision
13to participate for the upcoming calendar year.
14(2) The county shall confirm that it will make per child per
15month payments to all approved relative caregivers on behalf of
16eligible
children in the amount specified in subdivision (b) for the
17duration of the participation of the county in this program.
18(3) The county shall confirm that it will be solely responsible
19to pay any additional costs needed to make all payments pursuant
20to subdivision (b) if the state and federal funds allocated to the
21Approved Relative Caregiver Funding Option Program pursuant
22to paragraph (1) of subdivision(g) are insufficient to make all
23eligible payments.
24(f) (1) A county deciding to opt out of the Approved Relative
25Caregiver Funding Option Program shall provide at least 120 days’
26prior written notice of that decision to the department. Additionally,
27the county shall provide at least 90 days’ prior written notice to
28the approved relative caregiver or caregivers informing them that
29his or her per child per month payment will be reduced and the
30date that the
reduction will occur.
31(2) The department shall presume that all counties have opted
32out of the Approved Relative Caregiver Funding Option Program
33if the funding appropriated for the current 12-month period is
34reduced below the amount specified in subparagraph (B),
35subparagraph (C), or subparagraph (D) of paragraph(2) of
36subdivision (g) for that 12-month period, unless a county notifies
37the department in writing of its intent to opt in within 60 days of
38enactment of the State Budget. The counties shall provide at least
3990 days’ prior written notice to the approved relative caregiver or
P51 1caregivers informing them that his or her per child per month
2payment will be reduced, and the date that reduction will occur.
3(3) Any reduction in payments received by an approved relative
4caregiver on behalf of a child under this section that results from
5a decision by a county, including the
presumed opt-out pursuant
6to paragraph (2), to not participate in the Approved Relative
7Caregiver Funding Option Program shall be exempt from state
8hearing jurisdiction under Section 10950.
9(g) (1) The following funding shall be used for the Approved
10Relative Caregiver Funding Option Program:
11(A) The applicable regional per-child CalWORKs grant, in
12accordance with subdivision (a) of Section 11253.4.
13(B) General Fund resources, as appropriated in paragraph (2).
14(C) County funds only to the extent required under paragraph
15(3) of subdivision (e).
16(D) Funding described in subparagraphs (A) and (B) is intended
17to fully fund the base caseload of approved relative
caregivers,
18which is defined as the number of approved relative caregivers
19caring for a child who is not eligible to receive AFDC-FC
20payments, as of July 1, 2014.
21(2) The following amount is hereby appropriated from the
22General Fund as follows:
23(A) The sum of fifteen million dollars ($15,000,000), for the
24period of January 1, 2015, to June 30, 2015, inclusive.
25(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
26there shall be appropriated an amount equal to the sum of all of
27the following:
28(i) Two times the amount appropriated pursuant to subparagraph
29(A), inclusive of any increase pursuant to paragraph (3).
30(ii) The amount necessary to increase or decrease the
31CalWORKs
funding associated with the base caseload described
32in subparagraph (D) of paragraph (1) to reflect any change from
33the prior fiscal year in the applicable regional per-child CalWORKs
34grant described in subparagraph (A) of paragraph (1).
35(iii) The additional amount necessary to fully fund the base
36caseload described in subparagraph (D) of paragraph (1), reflective
37of the annual California Necessities Index increase to the basic
38rate paid to foster care providers.
39(C) For every 12-month period thereafter, commencing with
40the period of July 1, 2016, to June 30, 2017, inclusive, the sum of
P52 1all of the following shall be appropriated for purposes of this
2section:
3(i) The total General Fund amount provided pursuant to this
4paragraph for the previous 12-month period.
5(ii) The amount necessary to increase or decrease the
6CalWORKs funding associated with the base caseload described
7in subparagraph (D) of paragraph (1) to reflect any change from
8the prior fiscal year in the applicable regional per-child CalWORKs
9grant described in subparagraph (A) of paragraph (1).
10(iii) The additional amount necessary to fully fund the base
11caseload described in subparagraph (D) of paragraph (1), reflective
12of the annual California Necessities Index increase to the basic
13rate paid to foster care providers.
14(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
15and clauses (ii) and (iii) of subparagraph (C), the total General
16Fund appropriation made pursuant to subparagraph (B) shall not
17be less than the greater of the following amounts:
18(i) Thirty million dollars ($30,000,000).
19(ii) Two times the amount appropriated pursuant to subparagraph
20(A), inclusive of any increase pursuant to paragraph (3).
21(3) To the extent that the appropriation made by subparagraph
22(A) of paragraph (2) is insufficient to fully fund the base caseload
23of approved relative caregivers as of July 1, 2014, as described in
24subparagraph (D) of paragraph (1), for the period of January 1,
252015, to June 30, 2015, inclusive, as jointly determined by the
26department and the County Welfare Directors’ Association and
27approved by the Department of Finance on or before October 1,
282015, the amount specified in subparagraph (A) of paragraph (2)
29shall be increased by the amount necessary to fully fund that base
30caseload.
31(4) Funds available pursuant to paragraph (2) shall be allocated
32to participating counties
proportionate to the number of their
33approved relative caregiver placements, using a methodology and
34timing developed by the department, following consultation with
35county human services agencies and their representatives.
36(5) Notwithstanding subdivision (e), if in any calendar year the
37entire amount of funding appropriated by the state for the Approved
38Relative Caregiver Funding Option Program has not been fully
39allocated to or utilized by participating counties, a participating
40county that has paid any funds pursuant to subparagraph (C) of
P53 1paragraph (1) of subdivision (g) may request reimbursement for
2those funds from the department. The authority of the department
3to approve the requests shall be limited by the amount of available
4unallocated funds.
5(h) An approved relative caregiver receiving payments on behalf
6of a child pursuant to this section shall not be eligible to
receive
7additional CalWORKs payments on behalf of the same child under
8Section 11450.
9(i) To the extent permitted by federal law, payments received
10by the approved relative caregiver from the Approved Relative
11Caregiver Funding Option Program shall not be considered income
12for the purpose of determining other public benefits.
13(j) Prior to referral of any individual or recipient, or that person’s
14case, to the local child support agency for child support services
15pursuant to Section 17415 of the Family Code, the county human
16services agency shall determine if an applicant or recipient has
17good cause for noncooperation, as set forth in Section 11477.04.
18If the applicant or recipient claims good cause exception at any
19subsequent time to the county human services agency or the local
20child support agency, the local child support agency shall suspend
21child support services until the
county social services agency
22determines the good cause claim, as set forth in Section 11477.04.
23If good cause is determined to exist, the local child support agency
24shall suspend child support services until the applicant or recipient
25requests their resumption, and shall take other measures that are
26necessary to protect the applicant or recipient and the children. If
27the applicant or recipient is the parent of the child for whom aid
28is sought and the parent is found to have not cooperated without
29good cause as provided in Section 11477.04, the applicant’s or
30recipient’s family grant shall be reduced by 25 percent for the time
31the failure to cooperate lasts.
32(k) Consistent with Section 17552 of the Family Code, if aid is
33paid under this chapter on behalf of a child who is under the
34jurisdiction of the juvenile court and whose parent or guardian is
35receiving reunification services, the county human services agency
36shall determine, prior to
referral of the case to the local child
37support agency for child support services, whether the referral is
38in the best interest of the child, taking into account both of the
39following:
P54 1(1) Whether the payment of support by the parent will pose a
2barrier to the proposed reunification in that the payment of support
3will compromise the parent’s ability to meet the requirements of
4the parent’s reunification plan.
5(2) Whether the payment of support by the parent will pose a
6barrier to the proposed reunification in that the payment of support
7will compromise the parent’s current or future ability to meet the
8financial needs of the child.
9
(l) Effective January 1, 2017, if a relative has been approved
10as a resource family pursuant to
Section 16519.5, the approved
11relative shall be paid an amount equal to the resource family basic
12rate at the child’s assessed level of care as set forth in subdivision
13(g) of Section 11461 and Section 11463.
begin insertSection 11461.4 is added to the end insertbegin insertWelfare and
15Institutions Codeend insertbegin insert, to read:end insert
(a) Notwithstanding any other law, a tribe that has
17entered into an agreement pursuant to Section 10553.1 may,
18subject to the provisions of this section, elect to participate in the
19Tribal Approved Relative Caregiver Funding Option Program.
20
(b) (1) In return for the care and supervision of a child placed
21with an approved relative caregiver, a participating tribe shall
22pay the approved relative caregiver a per child per month rate
23that, when added to the tribal Temporary Aid to Needy Families
24(tribal TANF) benefit received by the approved relative caregiver
25on behalf of the child, shall equal the basic rate paid to a foster
26care provider pursuant to subdivision (g) of Section 11461.
27
(2) Payments made pursuant to paragraph (1) shall be made
28only if all of the following conditions exist:
29
(A) The tribe has notified the department in writing of its
30decision to participate in the program, consistent with subdivision
31(c).
32
(B) The child has been removed from the parent or guardian
33and has been placed into the placement and care responsibility of
34the tribal child welfare agency pursuant to a voluntary placement
35agreement or by the tribal court, consistent with the tribe’s Title
36IV-E agreement.
37
(C) The child resides within California.
38
(D) The caregiver is receiving tribal TANF payments, or an
39application for tribal TANF has been made, on behalf of the child.
P55 1
(E) The child is not eligible for AFDC-FC while placed with
2the approved relative caregiver because the child is not eligible
3for federal financial participation in the AFDC-FC payment.
4
(3) Any income or benefits received by an eligible child, or by
5the approved relative caregiver on behalf of an eligible child,
6which would be offset against a payment made to a foster care
7provider, shall be offset from the amount paid by the tribe under
8the program. This paragraph shall not apply to any tribal TANF
9payments received on behalf of an eligible child.
10
(4) An approved relative caregiver receiving payments on behalf
11of a child pursuant to this section shall not be eligible to receive
12CalWORKs payments on behalf of the same child under Section
1311450.
14
(5) To the
extent permitted by federal law, payments received
15by the approved relative caregiver from the program shall not be
16considered income for the purpose of determining other public
17benefits.
18
(c) (1) (A) A tribe electing to participate in the program in the
192016-17 fiscal year shall notify the department on or before
20October 1, 2016, that it intends to begin participation. Failure to
21make timely notification, without good cause as determined by the
22department, shall preclude the tribe from participating in the
23program for the 2016-17 fiscal year.
24
(B) In any fiscal year after the 2016-17 fiscal year, a tribe
25electing to participate in the program shall notify the department
26on or before January 1 that it intends to begin participation on or
27after the following July 1. Failure to make timely notification,
28without good cause as determined by
the department, shall
29preclude the tribe from participating in the program for the
30upcoming fiscal year.
31
(2) As a condition of opting into the program, the tribe shall do
32all of the following:
33
(A) Provide to the department the tribal TANF maximum aid
34payment (MAP) rate in effect at the time that the tribe elects to
35participate in the program, consistent with the tribe’s approved
36tribal TANF plan.
37
(B) Provide data necessary, as determined by the department
38in consultation with the tribe, to determine the base caseload for
39the tribe as of July 1, 2016, consistent with subdivision (d).
P56 1
(C) Agree to recoup overpayments to an approved relative
2caregiver utilizing the standards for determining whether an
3overpayment is recoupable, and the processes for
overpayment
4recoupment, that are applicable to overpayments as described in
5the tribe’s Title IV-E agreement entered into pursuant to Section
610553.1.
7
(D) Agree that the tribe shall be solely responsible for any
8additional costs incurred in making payments under this section
9in the event that the funds allocated to a tribe from the
10appropriation made by the Legislature for the tribe’s participation
11in the program are not sufficient to fully fund all payments specified
12in paragraph (1) of subdivision (b).
13
(E) Agree to make child support referrals for program cases,
14consistent with processes applied by the tribe to Title IV-E program
15cases.
16
(3) The participating tribe shall provide the information
17specified in subparagraphs (A) and (B) of paragraph (2) at least
1860 days prior to the date the tribe will begin
participating in the
19program.
20
(d) (1) In consultation with the participating tribe, the
21department shall determine the initial base caseload of the
22participating tribe, using the most recent available data provided
23by the tribe.
24
(2) The department shall determine the amount necessary to
25fund the base caseload of the participating tribe. The allocation
26methodology shall consider the tribal TANF rate of the
27participating tribe in effect on July 1, 2016.
28
(e) (1) A tribe electing to opt out of the program shall provide
29at least 120 days’ prior written notice of that election to the
30department and at least 90 days’ prior written notice to all
31approved relative caregivers to whom the tribe is making payments
32under the program. The notice to caregivers shall specify the date
33on
which the per child per month payment will be reduced and the
34date the tribe’s participation in the program will cease.
35
(2) If the Legislature, for any given fiscal year, appropriates
36an amount less than that specified in paragraph (2) of subdivision
37(f), the department shall presume that all participating tribes have
38opted out of the program for that fiscal year unless a tribe notifies
39the department in writing of its intent to opt in within 60 days of
40the enactment of the annual Budget Act. A tribe that does not elect
P57 1to continue participating in the program shall provide the notice
2to caregivers specified in paragraph (1).
3
(3) A tribe that has opted out of the program for any reason
4may resume participating in the program on July 1 of any year,
5upon providing the department with written notice on or before
6the preceding March 1 of its intent to resume participation.
7
(f) (1) (A) The following funding shall be used for the program:
8
(i) The tribe’s applicable per-child tribal TANF grant at the
9MAP rate in effect on July 1, 2016.
10
(ii) General Fund resources, as specified in paragraph (2).
11
(iii) Tribal funds only to the extent required under subparagraph
12(D) of paragraph (2) of subdivision (c).
13
(B) Funding described in clauses (i) and (ii) of subparagraph
14(A) is intended to fully fund the base caseload of approved relative
15caregivers, which is defined as the number of approved relative
16caregivers caring for a child who is not eligible to receive
17AFDC-FC payments as of July 1, 2016.
18
(2) The following amounts are hereby appropriated from the
19General Fund:
20
(A) For the 2016-17 fiscal year, the sum sufficient to fund the
21initial base caseload, as determined in subdivision (d), for tribes
22eligible for participation as of July 1, 2016.
23
(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
24the sum of the following:
25
(i) The total General Fund amount appropriated for the
26purposes of this section for the previous fiscal year.
27
(ii) The additional amount necessary to fully fund the base
28caseload described in subparagraph (B) of paragraph (1),
29reflective of the annual California Necessities Index increase to
30the basic rate paid to foster care providers pursuant to
subdivision
31(g) of Section 11461.
32
(3) Funds specified in paragraph (2) shall be allocated to
33participating tribes proportionate to their number of approved
34relative caregiver placements, using a methodology and timing
35developed by the department, following consultation with
36participating tribes.
37
(4) Notwithstanding subdivision (c), if in any fiscal year the
38entire amount of funding appropriated by the Legislature for the
39program has not been fully allocated to, or utilized by,
40participating tribes, a participating tribe that has paid any funds
P58 1pursuant to subparagraph (D) of paragraph (2) of subdivision (c)
2may request reimbursement for those funds from the department.
3The authority of the department to approve the requests shall be
4limited by the amount of available unallocated funds.
5
(g) If more than two eligible
tribes elect to participate in the
6program and, as a result, the appropriation made pursuant to
7subdivision (f) is insufficient to fully fund the base caseload of
8approved relative caregivers, as jointly determined by the
9department and the participating tribes and approved by the
10Department of Finance, the amount specified in subdivision (f)
11shall be increased by the amount necessary to fully fund that base
12caseload.
13
(h) For the purposes of this section, the following definitions
14apply:
15
(1) “Basic foster care rate” means the monthly rate paid to
16foster care providers pursuant to subdivision (g) of Section 11461.
17
(2) “Program” means the Tribal Approved Relative Caregiver
18Funding Option Program established in this section.
19
(3) “Relative” means an adult
who is related to the child by
20blood, adoption, or affinity within the fifth degree of kinship,
21including stepparents, stepsiblings, and all relatives whose status
22is preceded by the words “great,” “great-great,” or “grand,” or
23the spouse of any of these persons even if the marriage was
24terminated by death or dissolution, or as otherwise established
25consistent with the tribe’s Title IV-E agreement.
26
(4) “Tribe” means a federally-recognized Indian tribe,
27consortium of tribes, or tribal organization with an agreement
28pursuant to Section 10553.1.
begin insertSection 11465 of the end insertbegin insertWelfare and Institutions Codeend insert
30
begin insert is amended to read:end insert
(a) When a child is living with a parent who receives
32AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
33behalf of the parent shall include an amount for care and
34supervision of the child.
35(b) For each category of eligible licensed community care
36facility, as defined in Section 1502 of the Health and Safety Code,
37the department shall adopt regulations setting forth a uniform rate
38to cover the cost of care and supervision of the child in each
39category of eligible licensed community care facility.
P59 1(c) (1) On and after July 1, 1998, the uniform rate to cover the
2cost of care and supervision of a child pursuant to this section shall
3be increased by 6 percent, rounded to
the nearest dollar. The
4resultant amounts shall constitute the new uniform rate.
5(2) (A) On and after July 1, 1999, the uniform rate to cover the
6cost of care and supervision of a child pursuant to this section shall
7be adjusted by an amount equal to the California Necessities Index
8computed pursuant to Section 11453, rounded to the nearest dollar.
9The resultant amounts shall constitute the new uniform rate, subject
10to further adjustment pursuant to subparagraph (B).
11(B) In addition to the adjustment specified in subparagraph (A),
12on and after January 1, 2000, the uniform rate to cover the cost of
13care and supervision of a child pursuant to this section shall be
14increased by 2.36 percent, rounded to the nearest dollar. The
15resultant amounts shall constitute the new uniform rate.
16(3) Subject to
the availability of funds, for the 2000-01 fiscal
17year and annually thereafter, these rates shall be adjusted for cost
18of living pursuant to procedures in Section 11453.
19(4) On and after January 1, 2008, the uniform rate to cover the
20cost of care and supervision of a child pursuant to this section shall
21be increased by 5 percent, rounded to the nearest dollar. The
22resulting amount shall constitute the new uniform rate.
23
(5) Commencing July 1, 2016, the uniform rate to cover the cost
24of care and supervision of a child pursuant to this section shall be
25supplemented by an additional monthly amount of four hundred
26eighty-nine dollars ($489). This monthly supplement shall only be
27provided if funding for this purpose is appropriated in the annual
28Budget Act.
29(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
30payment made pursuant to this section for care and supervision of
31a child who is living with a teen parent in a whole family foster
32home, as defined in Section 11400, shall equal the basic rate for
33children placed in a licensed or approved home as specified in
34subdivisions (a) to (d), inclusive, and subdivision (g), of Section
3511461.
36(2) (A) The amount paid for care and supervision of a dependent
37infant living with a dependent teen parent receiving AFDC-FC
38benefits in a group home placement shall equal the infant
39supplement rate for group home placements.
P60 1(B) Commencing January 1, 2017, the amount paid for care and
2supervision of a dependent infant living with a dependent teenage
3parent receiving AFDC-FC benefits in
a short-term residential
4treatment center shall equal the infant supplement rate for
5short-term residential treatment centers established by the
6department.
7(3) (A) The caregiver shall provide the county child welfare
8agency or probation department with a copy of the shared
9responsibility plan developed pursuant to Section 16501.25 and
10shall advise the county child welfare agency or probation
11department of any subsequent changes to the plan. Once the plan
12has been completed and provided to the appropriate agencies, the
13payment made pursuant to this section shall be increased by an
14additional two hundred dollars ($200) per month to reflect the
15increased care and supervision while he or she is placed in the
16whole family foster home.
17(B) A nonminor dependent parent residing in a supervised
18independent living placement, as defined in subdivision (w) of
19Section
11400, who develops a written parenting support plan
20pursuant to Section 16501.26 shall provide the county child welfare
21agency or probation department with a copy of the plan and shall
22advise the county child welfare agency or probation department
23of any subsequent changes to the plan. The payment made pursuant
24to this section shall be increased by an additional two hundred
25dollars ($200) per month after all of the following have been
26satisfied:
27(i) The plan has been completed and provided to the appropriate
28county agency.
29(ii) The plan has been approved by the appropriate county
30agency.
31(iii) The county agency has determined that the identified
32responsible adult meets the criteria specified in Section 16501.27.
33(4) In a year in which the payment
provided pursuant to this
34section is adjusted for the cost of living as provided in paragraph
35(1) of subdivision (c), the payments provided for in this subdivision
36shall also be increased by the same procedures.
37(5) A Kin-GAP relative who, immediately prior to entering the
38Kin-GAP program, was designated as a whole family foster home
39shall receive the same payment amounts for the care and
P61 1supervision of a child who is living with a teen parent they received
2in foster care as a whole family foster home.
3(6) On and after January 1, 2012, the rate paid for a child living
4with a teen parent in a whole family foster home as defined in
5Section 11400 shall also be paid for a child living with a nonminor
6dependent parent who is eligible to receive AFDC-FC or Kin-GAP
7pursuant to Section 11403.
begin insertSection 12201.06 is added to the end insertbegin insertWelfare and
9Institutions Codeend insertbegin insert, end insertimmediately following Section 12201.05begin insert, to
10read:end insert
Commencing January 1, 2017, the amount of aid
12paid pursuant to this article, in effect on December 31, 2016, less
13the federal benefit portion received under Part A of Title XVI of
14the federal Social Security Act, shall be increased by 2.76 percent.
begin insertSection 12301.02 of the end insertbegin insertWelfare and Institutions Codeend insert
16
begin insert is amended to read:end insert
(a) (1) Notwithstanding any other law, except as
18provided inbegin delete subdivision (c),end deletebegin insert subdivisions (c) and (e),end insert the department
19shall implement abegin delete 7 percentend deletebegin insert 7-percentend insert reduction in hours of service
20to each recipient of services under this article, which shall be
21applied to the recipient’s hours as authorized pursuant to the most
22recent assessment. This reduction shall become effective 12 months
23after the implementation of the reduction set forth in Section
2412301.01. The reduction required by this section shall not preclude
25any reassessment to which a recipient would otherwise be entitled.
26However, hours authorized pursuant to a reassessment shall be
27subject to thebegin delete 7 percentend deletebegin insert 7-percentend insert reduction required by this section.
28(2) A request for reassessment based only on the reduction
29required in paragraph (1) may be administratively denied by the
30county.
31(3) A recipient of services under this article may direct the
32manner in which the reduction of hours is applied to the recipient’s
33previously authorized services.
34(4) For those individuals who have a documented unmet need,
35excluding protective supervision because of the limitations on
36authorized hours under Section 12303.4, the reduction shall be
37taken first from the documented unmet need.
38(b) The notice of
action informing the recipient of the reduction
39pursuant to subdivision (a) shall be mailed at least 20 days prior
40to the reduction going into effect. The notice of action shall be
P62 1understandable to the recipient and translated into all languages
2spoken by a substantial number of the public served by the
3In-Home Supportive Services program, in accordance with Section
47295.2 of the Government Code. The notice shall not contain any
5recipient financial or confidential identifying information other
6than the recipient’s name, address, and Case Management
7Information and Payroll System (CMIPS) client identification
8number, and shall include, but not be limited to, all of the following
9information:
10(1) The aggregate number of authorized hours before the
11reduction pursuant to subdivision (a) and the aggregate number of
12authorized hours after the reduction.
13(2) That the recipient may
direct the manner in which the
14reduction of authorized hours is applied to the recipient’s
15previously authorized services.
16(3) A county shall assess a recipient’s need for supportive
17services any time that the recipient notifies the county of a need
18to adjust the supportive services hours authorized, or when there
19are other indications or expectations of a change in circumstances
20affecting the recipient’s need for supportive services. Counties
21shall not require recipients to submit a medical certification form
22or a doctor’s note to show evidence of a change in the recipient’s
23circumstances.
24(c) A recipient shall have all appeal rights otherwise provided
25for under Chapter 7 (commencing with Section 10950) of Part 2.
26(d) The reduction specified in paragraph (1) of subdivision (a)
27shall be ongoing and may be adjusted
pursuant to Section 12301.03.
28
(e) (1) The reduction specified in paragraph (1) of subdivision
29(a) shall be suspended until July 1, 2019, if the managed care
30organization provider tax imposed pursuant to Article 6.7
31(commencing with Section 14199.50) of Chapter 7 remains
32operative.
33
(2) Notwithstanding paragraph (1), if the managed care
34organization provider tax imposed pursuant to Article 6.7
35(commencing with Section 14199.50) of Chapter 7 ceases to be
36operative for any reason, the reduction specified in paragraph (1)
37of subdivision (a) shall be reinstated effective no later than the
38first day of the first full month occurring 90 days after the date on
39which the managed
care organization provider tax ceases to be
40operative.
P63 1
(3) Notwithstanding the Administrative Procedure Act (Chapter
23.5 (commencing with Section 11340) of Part 1 of Division 3 of
3Title 2 of the Government Code), the department may implement
4this subdivision through an all-county letter or similar instructions
5from the director until January 1, 2020.
begin insertSection 15200 of the end insertbegin insertWelfare and Institutions Codeend insert
7
begin insert is amended to read:end insert
There is hereby appropriated out of any money in the
9State Treasury not otherwisebegin delete appropriated, and after deducting begin insert appropriatedend insert the following sums:
10federal funds available,end delete
11(a) To each county for the support and maintenance of needy
12children,begin delete 95 percent ofend deletebegin delete the sums specified inend deletebegin delete subdivisionend deletebegin delete (a), andend delete
13
begin delete paragraphs (1) and (2)end deletebegin delete ofend deletebegin delete subdivision (e),end deletebegin delete ofend deletebegin delete Section 11450.end deletebegin insert the
14sums specified in subdivisions (a), (e), and (f) of Section 11450,
15after subtracting all the following amounts:end insert
16
(1) (A) Except as described in subparagraph (B), a 2.5-percent
17county share of cost.
18
(B) If Section 1613 of Title 8 of the United States Code applies,
19a 5-percent county share of cost.
20
(C) The county share
described in this paragraph shall not
21apply to increases in maximum aid payments made in accordance
22with Section 11450.025.
23
(2) Federal funds utilized for this purpose.
24
(3) The amount allocated to each county from the Family
25Support Subaccount pursuant to Section 17601.75.
26
(4) The amount allocated to each county from the Child Poverty
27and Family Supplemental Support Subaccount pursuant to Section
2817601.50.
29
(5) The amount allocated to each county from the CalWORKs
30Maintenance of Effort Subaccount pursuant to Section 17601.25.
31(b) To each county for the support and maintenance of pregnant
32mothers,begin delete 95 percent ofend deletebegin delete theend deletebegin delete sumend deletebegin insert the sumsend insert specified in subdivisions
33(b) and (c) of Sectionbegin delete 11450.end deletebegin insert 11450 after subtracting all of the
34following amounts:end insert
35
(1) (A) Except as described in subparagraph (B), a 2.5-percent
36county share of cost.
37
(B) If Section 1613 of Title 8 of the United States Code applies,
38a 5-percent county share of cost.
P64 1
(C) The county share described in this paragraph shall not
2apply to increases in maximum aid
payments made in accordance
3with Section 11450.025.
4
(2) Federal funds utilized for this purpose.
5
(3) The amount allocated to each county from the Family
6Support Subaccount pursuant to Section 17601.75.
7
(4) The amount allocated to each county from the Child Poverty
8and Family Supplemental Support Subaccount pursuant to Section
917601.50.
10
(5) The amount allocated to each county from the CalWORKs
11Maintenance of Effort Subaccount pursuant to Section 17601.25.
12(c) begin deleteFor end deletebegin insertAfter deducting federal funds available for end insertthe adequate
13care of each child pursuant to subdivision (d) of Section 11450,
14as follows:
15(1) Prior to the 2011-12 fiscal year, an amount equal to 40
16percent of the sum necessary for the adequate care of each child.
17(2) Notwithstanding paragraph (1), beginning in the 2011-12
18fiscal year, and for each fiscal year thereafter, funding and
19expenditures for programs and activities under this subdivision
20shall be in accordance
with the requirements provided in Sections
2130025 and 30026.5 of the Government Code.
22(d) (1) Prior to the 2011-12 fiscal year for each county for the
23support and care of hard-to-place adoptive children,begin insert and after
24deducting federal funds available,end insert 75 percent of the nonfederal
25share of the amount specified in Section 16121.
26(2) Notwithstanding paragraph (1), beginning in the 2011-12
27fiscal year, and for each fiscal year thereafter, funding and
28expenditures for programs and activities under this subdivision
29shall be in accordance with the requirements provided in Sections
3030025 and 30026.5 of the Government Code.
begin insertSection 15200.15 of the end insertbegin insertWelfare and Institutions Codeend insert
32
begin insert is repealed.end insert
For purposes of Section 15200, any reference to
34paragraphs (1) and (2) of subdivision (e) of Section 11450 shall
35mean subdivisions (e) and (f) of Section 11450.
begin insertSection 16501.9 is added to the end insertbegin insertWelfare and
37Institutions Codeend insertbegin insert, to read:end insert
(a) (1) The Legislature hereby finds and declares
39the Child Welfare Services-New System (CWS-NS) is the most
40important system in the state for child welfare services staff to
P65 1ensure the safety and well-being of California’s children. The State
2of California has embarked upon on an agile procurement of the
3CWS-NS.
4
(2) The Legislature further finds and declares that this approach
5requires significant engagement with the end user throughout the
6life of the system, including the county human services agencies
7and child welfare services and probation staff.
8
(b) (1) The State Department of Social Services and the Office
9of Systems
Integration (OSI), in collaboration with the County
10Welfare Directors Association (CWDA), shall seek resources to
11enable the necessary level of engagement by the counties in the
12CWS-NS agile development and maintenance process to prevent
13the disruption of services to families and children at risk. This
14shall include, but not be limited to, timely and expeditious execution
15of contracts and contract amendments for participation in this
16effort, effective monitoring and evaluation of the CWS-NS effort,
17and implementation of mitigation strategies for risks and issues
18arising in the procurement, development, implementation, or
19operation of digital services pursuant to this section.
20
(2) The department and OSI shall provide a voting seat on all
21governance bodies of the CWS-NS for a CWDA representative and
22shall support and provide necessary accommodation for the
23stationing of county representatives at the project site.
24
(3) The department and OSI shall continue to provide monthly
25updates to the Legislature and to stakeholders, including CWDA,
26regarding efforts to develop and implement the CWS-NS. The
27updates shall include, but not be limited to, (A) the vacancy rate,
28the duration of each vacant position and its classification, and the
29status of efforts to fill the position, (B) challenges with recruiting
30and retaining qualified staff and a description of efforts to resolve
31the issues, (C) challenges with procurement, including any delays,
32and a description of efforts to resolve the issues, (D) any issues
33or risks, including, but not limited to, pending state and federal
34approvals and impacts on county child welfare programs that may
35jeopardize the project’s completion or result in delays relative to
36the approved project schedule, budget, and scope, and (E) progress
37on the project, by digital service (module) along with a description
38of each digital service, and
projected completion dates for any
39significant upcoming project milestones. Following the effective
P66 1date of this section, a list of newly executed contracts, their
2purpose, and amounts shall be added to the monthly update.
3
(4) The department and OSI, in coordination with CWDA and
4the Department of Technology, shall convene a regularly scheduled
5quarterly forum to provide project updates to stakeholders and
6legislative staff. These forums shall include updates on (A) the
7progress of the CWS-NS development and implementation, (B)
8expenditures incurred to date, (C) significant issues and risks
9overcome in the last quarter and significant issues and risks
10presently being addressed, (D) upcoming project milestones and
11significant events, (E) how the agile approach has affected the
12project’s overall cost and schedule, (F) how the Department of
13Technology’s approval and oversight processes are being applied
14to the agile implementation approach, and
(G) how lessons learned
15from the agile implementation of the CWS-NS project can be
16leveraged by other state IT projects.
17
(c) The existing Child Welfare Services Case Management
18System (CWS/CMS) operations and functionality shall be
19maintained at a level at least commensurate with its December
202015 status and shall not be decommissioned prior to the full
21statewide implementation of the CWS-NS in all counties. Full
22statewide implementation is defined as after all existing CWS/CMS
23functionality has been replaced in CWS-NS and has been
24implemented in all 58 counties for a minimum of six months with
25no significant (noncosmetic) defects outstanding.
begin insertSection 16519.5 of the end insertbegin insertWelfare and Institutions Codeend insert
27
begin insert is amended to read:end insert
(a) The State Department of Social Services, in
29consultation with county child welfare agencies, foster parent
30associations, and other interested community parties, shall
31implement a unified, family friendly, and child-centered resource
32family approval process to replace the existing multiple processes
33for licensing foster family homes, approving relatives and
34nonrelative extended family members as foster care providers, and
35approving adoptive families.
36(b) (1) Counties shall be selected to participate on a voluntary
37basis as early implementation counties for the purpose of
38participating in the initial development of the approval process.
39Early implementation counties shall be selected according to
40criteria developed by the department in
consultation with the
P67 1County Welfare Directors Association. In selecting the five early
2implementation counties, the department shall promote diversity
3among the participating counties in terms of size and geographic
4location.
5(2) Additional counties may participate in the early
6implementation of the program upon authorization by the
7department.
8(c) (1) For the purposes of this chapter, “resource family” means
9an individual or couple that a participating county or foster family
10agency, as defined in subdivision (g) of Section 11400 of this code,
11and paragraph (4) of subdivision (a) of Section 1502 of the Health
12and Safety Code, determines to have successfully met both the
13home environment assessment standards and the permanency
14assessment criteria adopted pursuant to subdivision (d) necessary
15for providing care for a related or unrelated child who is under
the
16jurisdiction of the juvenile court, or otherwise in the care of a
17county child welfare agency or probation department. A resource
18family shall demonstrate all of the following:
19(A) An understanding of the safety, permanence, and well-being
20needs of children who have been victims of child abuse and neglect,
21and the capacity and willingness to meet those needs, including
22the need for protection, and the willingness to make use of support
23resources offered by the agency, or a support structure in place,
24or both.
25(B) An understanding of children’s needs and development,
26effective parenting skills or knowledge about parenting, and the
27capacity to act as a reasonable, prudent parent in day-to-day
28decisionmaking.
29(C) An understanding of his or her role as a resource family and
30the capacity to work cooperatively with the
agency and other
31service providers in implementing the child’s case plan.
32(D) The financial ability within the household to ensure the
33stability and financial security of the family.
34(E) An ability and willingness to provide a family setting that
35promotes normal childhood experiences that serves the needs of
36the child.
37(2) Subsequent to meeting the criteria set forth in this
38subdivision and designation as a resource family, a resource family
39shall be considered eligible to provide foster care for related and
40unrelated children in out-of-home placement, shall be considered
P68 1approved for adoption or guardianship, and shall not have to
2undergo any additional approval or licensure as long as the family
3lives in a county participating in the program.
4(3) Resource family approval means that the applicant
5successfully meets the home environment assessment and
6permanency assessment standards. This approval is in lieu of the
7existing foster care license, relative or nonrelative extended family
8member approval, and the adoption home study approval.
9(4) Approval of a resource family does not guarantee an initial
10or continued placement of a child with a resource family.
11(5) Notwithstanding paragraphs (1) to (4), inclusive, the
12department or county may cease any further review of an
13application if the applicant has had a previous application denial
14within the preceding year, or if the applicant has had a previous
15rescission, revocation, or exemption denial or rescission by the
16department or county within the preceding two years. However,
17the department or county may continue to review an application
18if it has determined
that the reasons for the previous denial,
19rescission, or revocation were due to circumstances and conditions
20that either have been corrected or are no longer in existence. If an
21individual was excluded from a resource family home or facility
22licensed by the department, the department or county shall cease
23review of the individual’s application unless the excluded
24individual has been reinstated pursuant to Section 11522 of the
25Government Code. The cessation of review shall not constitute a
26denial of the application for purposes of this section or any other
27law.
28(d) Prior to implementation of this program, the department
29shall adopt standards pertaining to the home environment and
30permanency assessments of a resource family.
31(1) Resource family home environment assessment standards
32shall include, but not be limited to, all of the following:
33(A) (i) Criminal records clearance of all adults residing in, or
34regularly present in, the home, and not exempted from
35fingerprinting, as set forth in subdivision (b) of Section 1522 of
36the Health and Safety Code, pursuant to Section 8712 of the Family
37Code, utilizing a check of the Child Abuse Central Index (CACI),
38and receipt of a fingerprint-based state and federal criminal
39offender record information search response. The criminal history
P69 1information shall include subsequent notifications pursuant to
2Section 11105.2 of the Penal Code.
3(ii) Consideration of any substantiated allegations of child abuse
4or neglect against either the applicant or any other adult residing
5in the home. An approval may not be granted to applicants whose
6criminal record indicates a conviction for any of the offenses
7specified in subdivision (g) of Section 1522 of the Health and
8Safety
Code.
9(iii) If the resource family parent, applicant, or any other person
10specified in subdivision (b) of Section 1522 of the Health and
11Safety Code has been convicted of a crime other than a minor
12traffic violation, except for the civil penalty language, the criminal
13background check provisions specified in subdivisions (d) through
14(f) of Section 1522 of the Health and Safety Code shall apply.
15Exemptions from the criminal records clearance requirements set
16forth in this section may be granted by the director or the early
17implementation county, if that county has been granted permission
18by the director to issue criminal records exemptions pursuant to
19Section 361.4, using the exemption criteria currently used for foster
20care licensing as specified in subdivision (g) of Section 1522 of
21the Health and Safety Code.
22(iv) For public foster family agencies approving resource
23families,
the criminal records clearance process set forth in clause
24(i) shall be utilized.
25(v) For private foster family agencies approving resource
26families, the criminal records clearance process set forth in clause
27(i) shall be utilized, but the Department of Justice shall disseminate
28a fitness determination resulting from the federal criminal offender
29record information search.
30(B) Buildings and grounds and storage requirements set forth
31in Sections 89387 and 89387.2 of Title 22 of the California Code
32of Regulations.
33(C) In addition to the foregoing requirements, the resource
34family home environment assessment standards shall also require
35the following:
36(i) That the applicantbegin delete demonstrateend deletebegin insert demonstratesend insert an
37understanding about the rights of children in care and his or her
38responsibility to safeguard those rights.
39(ii) That the total number of children residing in the home of a
40resource family shall be no more than the total number of children
P70 1the resource family can properly care for, regardless of status, and
2shall not exceed six children, unless exceptional circumstances
3that are documented in the foster child’s case file exist to permit
4a resource family to care for more children, including, but not
5limited to, the need to place siblings together.
6(iii) That the applicant understands his or her responsibilities
7with respect to acting as a reasonable and prudent parent, and
8maintaining the
least restrictive environment that serves the needs
9of the child.
10(2) The resource family permanency assessment standards shall
11include, but not be limited to, all of the following:
12(A) The applicant shall complete caregiver training.
13(B) (i) The applicant shall complete a psychosocial assessment,
14which shall include the results of a risk assessment.
15(ii) A caregiver risk assessment shall include, but shall not be
16limited to, physical and mental health, alcohol and other substance
17use and abuse, family and domestic violence, and the factors listed
18in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
19(C) The applicant shall complete any other activities
that relate
20to a resource family’s ability to achieve permanency with the child.
21(e) (1) A child may be placed with a resource family that has
22successfully completed the home environment assessment prior
23to completion of a permanency assessment only if a compelling
24reason for the placement exists based on the needs of the child.
25(2) The permanency assessment shall be completed within 90
26days of the child’s placement in the home, unless good cause exists
27based upon the needs of the child.
28(3) If additional time is needed to complete the permanency
29assessment, the county shall document the extenuating
30circumstances for the delay and generate a timeframe for the
31completion of the permanency assessment.
32(4) The county shall report to
the department on a quarterly
33basis the number of families with a child in an approved home
34whose permanency assessment goes beyond 90 days and
35summarize the reasons for these delays.
36(5) A child may be placed with a relative, as defined in Section
37319, or nonrelative extended family member, as defined in Section
38362.7, prior to applying as a resource family only on an emergency
39basis if all of the following requirements are met:
P71 1(A) Consideration of the results of a criminal records check
2conducted pursuant to Section 16504.5 of the relative or nonrelative
3extended family member and of every other adult in the home.
4(B) Consideration of the results of the Child Abuse Central
5Index (CACI) consistent with Section 1522.1 of the Health and
6Safety Code of the relative or nonrelative extended family member,
7and of every
other adult in the home.
8(C) The home and grounds are free of conditions that pose undue
9risk to the health and safety of the child.
10(D) For any placement made pursuant to this paragraph, the
11county shall initiate the home environment assessment no later
12than five business days after the placement, which shall include a
13face-to-face interview with the resource family applicant and child.
14(E) For any placement made pursuant to this paragraph,
15AFDC-FC funding shall not be available until approval of the
16resource family has been completed.
17(F) Any child placed under this section shall be afforded all the
18rights set forth in Section 16001.9.
19(f) The State Department of Social Services shall be
responsible
20for all of the following:
21(1) Selecting early implementation counties, based on criteria
22established by the department in consultation with the County
23Welfare Directors Association.
24(2) Establishing timeframes for participating counties to submit
25an implementation plan, enter into terms and conditions for
26participation in the program, train appropriate staff, and accept
27applications from resource families.
28(3) Entering into terms and conditions for participation in the
29program by counties.
30(4) Administering the program through the issuance of written
31directives that shall have the same force and effect as regulations.
32Any directive affecting Article 1 (commencing with Section 700)
33of Chapter 7 of Title 11 of the California Code of
Regulations shall
34be approved by the Department of Justice. The directives shall be
35exempt from the rulemaking provisions of the Administrative
36Procedure Act (Chapter 3.5 (commencing with Section 11340))
37of Part 1 of Division 3 of Title 2 of the Government Code.
38(5) Approving and requiring the use of a single standard for
39resource family approval.
P72 1(6) Adopting and requiring the use of standardized
2documentation for the home environment and permanency
3assessments of resource families.
4(7) Requiring counties to monitor resource families including,
5but not limited to, all of the following:
6(A) Investigating complaints of resource families.
7(B) Developing and monitoring resource family
corrective action
8plans to correct identified deficiencies and to rescind resource
9family approval if compliance with corrective action plans is not
10achieved.
11(8) Ongoing oversight and monitoring of county systems and
12operations including all of the following:
13(A) Reviewing the county’s implementation of the program.
14(B) Reviewing an adequate number of approved resource
15families in each participating county to ensure that approval
16standards are being properly applied. The review shall include
17case file documentation, and may include onsite inspection of
18individual resource families. The review shall occur on an annual
19basis, and more frequently if the department becomes aware that
20a participating county is experiencing a disproportionate number
21of complaints against individual resource family homes.
22(C) Reviewing county reports of serious complaints and
23incidents involving approved resource families, as determined
24necessary by the department. The department may conduct an
25independent review of the complaint or incident and change the
26findings depending on the results of its investigation.
27(D) Investigating unresolved complaints against participating
28counties.
29(E) Requiring corrective action of counties that are not in full
30compliance with the terms and conditions of the program.
31(9) Updating the Legislature on the early implementation phase
32of the program, including the status of implementation, successes,
33and challenges during the early implementation phase, and relevant
34available data, including resource family satisfaction.
35(10) Implementing due process procedures, including all of the
36following:
37(A) Providing a statewide fair hearing process for denials,
38rescissions, or exclusion actions.
39(B) Amending the department’s applicable state hearing
40procedures and regulations or using the Administrative Procedure
P73 1Act, when applicable, as necessary for the administration of the
2program.
3(g) Counties participating in the program shall be responsible
4for all of the following:
5(1) Submitting an implementation plan, entering into terms and
6conditions for participation in the program, consulting with the
7county probation department in the development of the
8implementation plan, training appropriate staff, and accepting
9
applications from resource families within the timeframes
10established by the department.
11(2) Complying with the written directives pursuant to paragraph
12(4) of subdivision (f).
13(3) Implementing the requirements for resource family approval
14and utilizing standardized documentation established by the
15department.
16(4) Ensuring staff have the education and experience necessary
17to complete the home environment and psychosocial assessments
18competently.
19(5) (A) Taking the following actions, as applicable:
20(i) Approving or denying resource family applications.
21(ii) Rescinding approvals of resource families.
22(iii) Excluding a resource family parent or other individual from
23presence in a resource family home, consistent with the established
24standard.
25(iv) Issuing a temporary suspension order that suspends the
26resource family approval prior to a hearing when urgent action is
27needed to protect a child or nonminor dependent from physical or
28mental abuse, abandonment, or any other substantial threat to
29health or safety, consistent with the established standard.
30(B) Providing a resource family parent, applicant, or excluded
31individual requesting review of that decision with due process
32pursuant to the department’s statutes, regulations, and written
33directives.
34(C) Notifying the department of any decisions denying a
35resource family’s application or rescinding the
approval of a
36resource family, excluding an individual, or taking other
37administrative action.
38(D) Issuing a temporary suspension order that suspends the
39resource family approval prior to a hearing, when urgent action is
40needed to protect a child or nonminor dependent who is or may
P74 1be placed in the home from physical or mental abuse, abandonment,
2or any other substantial threat to health or safety.
3(6) Updating resource family approval annually.
4(7) Monitoring resource families through all of the following:
5(A) Ensuring that social workers who identify a condition in
6the home that may not meet the approval standards set forth in
7subdivision (d) while in the course of a routine visit to children
8placed with a resource family take appropriate action as
needed.
9(B) Requiring resource families to comply with corrective action
10plans as necessary to correct identified deficiencies. If corrective
11action is not completed as specified in the plan, the county may
12rescind the resource family approval.
13(C) Requiring resource families to report to the county child
14welfare agency any incidents consistent with the reporting
15requirements for licensed foster family homes.
16(8) Investigating all complaints against a resource family and
17taking action as necessary. This shall include investigating any
18incidents reported about a resource family indicating that the
19approval standard is not being maintained.
20(A) The child’s social worker shall not conduct the formal
21investigation into the complaint received concerning a
family
22providing services under the standards required by subdivision
23(d). To the extent that adequate resources are available, complaints
24shall be investigated by a worker who did not initially conduct the
25home environment or psychosocial assessments.
26(B) Upon conclusion of the complaint investigation, the final
27disposition shall be reviewed and approved by a supervising staff
28member.
29(C) The department shall be notified of any serious incidents
30or serious complaints or any incident that falls within the definition
31of Section 11165.5 of the Penal Code. If those incidents or
32complaints result in an investigation, the department shall also be
33notified as to the status and disposition of that investigation.
34(9) Performing corrective action as required by the department.
35(10) Assessing county performance in related areas of the
36California Child and Family Services Review System, and
37remedying problems identified.
38(11) Submitting information and data that the department
39determines is necessary to study, monitor, and prepare the report
40specified in paragraph (9) of subdivision (f).
P75 1(12) Ensuring resource family applicants and resource families
2have the necessary knowledge, skills, and abilities to support
3children in foster care by completing caregiver training. The
4training should include a curriculum that supports the role of a
5resource family in parenting vulnerable children and should be
6ongoing in order to provide resource families with information on
7trauma-informed practices and requirements and other topics within
8the foster care system.
9(13) Ensuring that a resource family applicant completes a
10minimum of 12 hours of preapproval training. The training shall
11include, but not be limited to, all of the following courses:
12(A) An overview of the child protective and probation systems.
13(B) The effects of trauma, including grief and loss, and child
14abuse and neglect, on child development and behavior, and
15methods to behaviorally support children impacted by that trauma
16or child abuse and neglect.
17(C) Positive discipline and the importance of self-esteem.
18(D) Health issues in foster care.
19(E) Accessing services and supports to address education needs,
20physical, mental,
and behavioral health, and substance use
21disorders, including culturally relevant services.
22(F) The rights of a child in foster care, and the resource family’s
23responsibility to safeguard those rights, including the right to have
24fair and equal access to all available services, placement, care,
25treatment, and benefits, and to not be subjected to discrimination
26or harassment on the basis of actual or perceived race, ethnic group
27identification, ancestry, national origin, color, religion, sex, sexual
28orientation, gender identity, mental or physical disability, or HIV
29status.
30(G) Cultural needs of children, including instruction on cultural
31competency and sensitivity, and related best practices for providing
32adequate care for children or youth across diverse ethnic and racial
33backgrounds, as well as children or youth identifying as lesbian,
34gay, bisexual, or transgender.
35(H) Basic instruction on existing laws and procedures regarding
36the safety of foster youth at school; and ensuring a harassment and
37violence free school environment pursuant to Article 3.6
38(commencing with Section 32228) of Chapter 2 of Part 19 of
39Division 1 of Title 1 of the Education Code.
40(I) Permanence, well-being, and education needs of children.
P76 1(J) Child and adolescent development, including sexual
2orientation, gender identity, and expression.
3(K) The role of resource families, including working
4cooperatively with the child welfare or probation agency, the
5child’s family, and other service providers implementing the case
6plan.
7(L) The role of a resource family on the child and family
team
8as defined in paragraph (4) of subdivision (a) of Section 16501.
9(M) A resource family’s responsibility to act as a reasonable
10and prudent parent, and to provide a family setting that promotes
11normal childhood experiences and that serves the needs of the
12child.
13(N) An overview of the specialized training identified in
14subdivision (h).
15(14) Ensuring approved resource families complete a minimum
16of eight training hours annually, a portion of which shall be from
17one or more of the topics listed in paragraph (13).
18(h) In addition to any training required by this section, a resource
19family may be required to receive specialized training, as relevant,
20for the purpose of preparing the resource family to meet the needs
21of a particular child in care. This
training may include, but is not
22limited to, the following:
23(1) Understanding how to use best practices for providing care
24and supervision to commercially sexually exploited children.
25(2) Understanding how to use best practices for providing care
26and supervision to lesbian, gay, bisexual, and transgender children.
27(3) Understanding the requirements and best practices regarding
28psychotropic medications, including, but not limited to, court
29authorization, benefits, uses, side effects, interactions, assistance
30with self-administration, misuse, documentation, storage, and
31metabolic monitoring of children prescribed psychotropic
32medications.
33(4) Understanding the federal Indian Child Welfare Act (25
34U.S.C. Sec. 1901 et seq.), its historical significance, the
rights of
35children covered by the act, and the best interests of Indian
36children, including the role of the caregiver in supporting culturally
37appropriate, child-centered practices that respect Native American
38history, culture, retention of tribal membership and connection to
39the tribal community and traditions.
P77 1(5) Understanding how to use best practices for providing care
2and supervision to nonminor dependents.
3(6) Understanding how to use best practices for providing care
4and supervision to children with special health care needs.
5(7) Understanding the different permanency options and the
6services and benefits associated with the options.
7(i) Nothing in this section shall preclude a county or a foster
8family agency from requiring resource family
training in excess
9of the requirements in this section.
10(j) (1) Approved relatives and nonrelative extended family
11members, licensed foster family homes, or approved adoptive
12homes that have completed the license or approval process prior
13to full implementation of the program shall not be considered part
14of the program. The otherwise applicable assessment and oversight
15processes shall continue to be administered for families and
16facilities not included in the program.
17(2) Upon implementation of the program in a county, that county
18may not accept new applications for the licensure of foster family
19homes, the approval of relative and nonrelative extended family
20members, or the approval of prospective adoptive homes.
21(k) The department may waive regulations that pose a barrier
22to implementation and
operation of this program. The waiver of
23any regulations by the department pursuant to this section shall
24apply to only those counties or foster family agencies participating
25in the program and only for the duration of the program.
26(l) Resource families approved under initial implementation of
27the program, who move within an early implementation county or
28who move to another early implementation county, shall retain
29their resource family status if the new building and grounds,
30outdoor activity areas, and storage areas meet home environment
31standards. The State Department of Social Services or early
32implementation county may allow a program-affiliated individual
33to transfer his or her subsequent arrest notification if the individual
34moves from one early implementation county to another early
35implementation county, as specified in subdivision (g) of Section
361522 of the Health and Safety Code.
37(m) (1) The approval of a resource family who moves to a
38nonparticipating county remains in full force and effect pending
39a determination by the county approval agency or the department,
40as appropriate, whether the new building and grounds and storage
P78 1areas meet applicable standards, and whether all adults residing
2in the home have a criminal records clearance or exemptions
3granted, using the exemption criteria used for foster care licensing,
4as specified in subdivision (g) of Section 1522 of the Health and
5Safety Code. Upon this determination, the nonparticipating county
6shall either approve the family as a relative or nonrelative extended
7family member, as applicable, or the department shall license the
8family as a foster family home.
9(2) Subject to the requirements in paragraph (1), the family shall
10continue to be approved for guardianship and adoption. Nothing
11
in this subdivision shall limit a county or adoption agency from
12determining that the family is not approved for guardianship or
13adoption based on changes in the family’s circumstances or
14psychosocial assessment.
15(3) A program-affiliated individual who moves to a
16nonparticipating county may not transfer his or her subsequent
17arrest notification from a participating county to the
18nonparticipating county.
19(n) Implementation of the program shall be contingent upon the
20continued availability of federal Social Security Act Title IV-E
21(42 U.S.C. Sec. 670) funds for costs associated with placement of
22children with resource families assessed and approved under the
23program.
24
(o) A child placed with a resource family is eligible for the
25resource
family basic rate, pursuant to Sections 11253.45, 11460,
2611461, and 11463, and subdivision (l) of Section 11461.3, at the
27child’s assessed level of care.
28(o) A child placed with a resource family shall be eligible for
29AFDC-FC payments. A resource family, or a foster family agency
30pursuant to subdivisions (s) and (t), shall be paid an AFDC-FC
31rate pursuant to Sections 11460, 11461, and 11463. Sharing
32begin insert(p)end insertbegin insert end insertbegin insertSharingend insert ratios for nonfederal expenditures for all costs
33associated with activities related to the approval of relatives and
34nonrelative extended family members shall
be in accordance with
35Section 10101.
36(p)
end delete
37begin insert(q)end insert The Department of Justice shall charge fees sufficient to
38cover the cost of initial or subsequent criminal offender record
39information and Child Abuse Central Index searches, processing,
40or responses, as specified in this section.
P79 1(q)
end delete
2begin insert(r)end insert Except as provided, approved resource families under this
3program shall be exempt from all of the following:
4(1) Licensure requirements set forth under the Community Care
5Facilities Act, commencing with Section 1500 of the Health and
6Safety Code, and all regulations promulgated thereto.
7(2) Relative and nonrelative extended family member approval
8requirements set forth under Sections 309, 361.4, and 362.7, and
9all regulations promulgated thereto.
10(3) Adoptions approval and reporting requirements set forth
11
under Section 8712 of the Family Code, and all regulations
12promulgated thereto.
13(r)
end delete
14begin insert(s)end insert (1) Early implementation counties shall be authorized to
15continue through December 31, 2016. The program shall be
16implemented by each county on or before January 1, 2017.
17(2) No later than July 1, 2017, each county shall provide the
18following information to all licensed foster family homes and all
19approved relatives and nonrelative extended family members:
20(A) A detailed description of the resource family approval
21program.
22(B) Notification that, in order to care for a foster child,
resource
23family approval is required by December 31, 2019.
24(C) Notification that a foster family home license and an
25approval of a relative or nonrelative extended family member shall
26be forfeited by operation of law as provided for in paragraph (4).
27(3) By no later than January 1, 2018, the following shall apply
28to all licensed foster family homes and approved relative and
29nonrelative extended family members:
30(A) A licensed foster family home, and an approved relative or
31nonrelative extended family member with an approved adoptive
32home study completed prior to January 1, 2018, shall be deemed
33to be an approved resource family.
34(B) A licensed foster family home, and an approved relative or
35nonrelative extended family member who had a child in placement
36
at any time, for any length of time, between January 1, 2017, and
37December 31, 2017, inclusive, may be approved as a resource
38family on the date of successful completion of a psychosocial
39assessment pursuant to subparagraph (B) of paragraph (2) of
40subdivision (d).
P80 1(C) A county may provide supportive services to all licensed
2foster family home providers, relatives, and nonrelative extended
3family members with a child in placement to assist with the
4resource family transition and to minimize placement disruptions.
5(4) All foster family licenses and approvals of a relative or
6nonrelative extended family member shall be forfeited by operation
7of law on December 31, 2019, except as provided in this paragraph:
8(A) All licensed foster family homes that did not have a child
9in placement at any time, for any length of time,
between January
101, 2017, and December 31, 2017, inclusive, shall forfeit the license
11by operation of law on January 1, 2018.
12(B) For foster family home licensees and approved relatives or
13nonrelative extended family members who have a pending resource
14family application on December 31, 2019, the foster family home
15license or relative and nonrelative extended family member
16approval shall be forfeited by operation of law on the date of
17approval as a resource family. If approval is denied, forfeiture by
18operation of law shall occur on the date of completion of any
19proceedings required by law to ensure due process.
20(s)
end delete
21begin insert(t)end insert On and after January 1, 2017, all licensed foster family
22agencies shall approve resource families in lieu of certifying foster
23homes. A foster family agency or a short-term residential treatment
24center pursuant to subdivision (b) of Section 11462 shall require
25applicants and resource families to meet the resource family
26approval standards and requirements set forth in this chapter and
27in the written directives adopted pursuant to this chapter prior to
28approval and in order to maintain approval.
29(t)
end delete
30begin insert(u)end insert Commencing January 1, 2016, the department may establish
31participation conditions, and select and authorize foster family
32agencies that voluntarily submit implementation plans and revised
33plans of operation in accordance with requirements established by
34the department, to approve resource families in lieu of certifying
35foster homes.
36(1) Notwithstanding any other law, a participating foster family
37agency shall require resource families to meet and maintain the
38resource family approval standards and requirements set forth in
39this chapter and in the written directives adopted hereto prior to
40approval and in order to maintain approval.
P81 1(2) A participating foster family agency shall implement the
2resource family approval program pursuant to Section 1517 of the
3Health and Safety Code.
4(3) Nothing in this section shall be construed to limit the
5authority of the department to inspect, evaluate, or investigate a
6complaint or incident, or initiate a disciplinary action against a
7foster family agency pursuant to Article 5 (commencing with
8Section 1550) of Chapter 3 of Division 2 of the Health and Safety
9Code, or to take any action it may deem necessary for the health
10and safety of children placed with the foster family agency.
11(4) The department may adjust the foster family agency
12AFDC-FC rate pursuant to Section 11463 for implementation of
13this subdivision.
begin insertArticle 6 (commencing with Section 16523) is added
15to Chapter 5 of Part 4 of Division 9 of the end insertbegin insertWelfare and Institutions
16Codeend insertbegin insert, to read:end insert
17
For purposes of this article, the following definitions
21shall apply:
22
(a) “Child welfare services” has the same meaning as defined
23in Section 16501.
24
(b) “Department” means the State Department of Social
25Services.
26
(c) “Eligible family” means any individual or family that, at a
27minimum, meets all of the following conditions:
28
(1) Receives child welfare services at the time eligibility is
29determined.
30
(2) Is homeless.
31
(3) Voluntarily agrees to
participate in the program.
32
(4) Either of the following:
33
(A) Has been determined appropriate for reunification of a child
34to a biological parent or guardian by the county human services
35agency handling the case, the court with jurisdiction over the child,
36or both.
37
(B) A child or children in the family is or are at risk of foster
38care placement, and the county human services agency determines
39that safe and stable housing for the family will prevent the need
40for the child’s or children’s removal from the parent or guardian.
P82 1
(d) “Homeless” means any of the following:
2
(1) An individual or family who lacks a fixed, regular, and
3adequate nighttime residence.
4
(2) An individual or family with a primary nighttime residence
5that is a public or private place not designed for or ordinarily used
6as a regular sleeping accommodation for human beings, including,
7but not limited to, a car, park, abandoned building, bus station,
8train station, airport, or camping ground.
9
(3) An individual or family living in a supervised publicly or
10privately operated shelter designated to provide temporary living
11arrangements, including hotels or motels paid for by federal, state,
12or local government programs for low-income individuals or by
13charitable organizations, congregate shelters, or transitional
14housing.
15
(4) An individual who resided in a shelter or place not meant
16for human habitation and who is exiting an institution where he
17or she temporarily resided.
18
(5) An individual or family who will imminently lose their
19housing, including, but not limited to, housing they own, rent, or
20live in without paying rent, are sharing with others, or rooms in
21hotels or motels not paid for by federal, state, or local government
22programs for low-income individuals or by charitable
23organizations, as evidenced by any of the following:
24
(A) A court order resulting from an eviction action that notifies
25the individual or family that they must leave within 14 days.
26
(B) The individual or family having a primary nighttime
27residence that is a room in a hotel or motel and where they lack
28the resources necessary to reside there for more than 14 days.
29
(C) Credible evidence indicating that the owner or renter of the
30housing will not allow
the individual or family to stay for more
31than 14 days, and any oral statement from an individual or family
32seeking homeless assistance that is found to be credible shall be
33considered credible evidence for purposes of this clause.
34
(6) An individual or family who has no subsequent residence
35identified.
36
(7) An individual or family who lacks the resources or support
37networks needed to obtain other permanent housing.
38
(8) Unaccompanied youth and homeless families with children
39and youth defined as homeless under any other federal statute, as
40of the effective date of this program, who meet all of the following:
P83 1
(A) Have experienced a long-term period without living
2independently in permanent housing.
3
(B) Have experienced persistent instability as measured by
4frequent moves over that long-term period.
5
(C) Can be expected to continue in that status for an extended
6period of time because of chronic disabilities, chronic physical
7health or mental health conditions, substance addiction, histories
8of domestic violence or childhood abuse, the presence of a child
9or youth with a disability, or multiple barriers to employment.
10
(e) “Homelessness” means the status of being homeless, as
11defined in subdivision (d).
12
(f) “Permanent housing” means a place to live without a limit
13on the length of stay in the housing that exceeds the duration of
14funding for the program, subject to landlord-tenant laws pursuant
15to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
16of Division 3 of the Civil Code.
17
(g) “Program” means the Bringing Families Home Program
18established pursuant to this article.
19
(h) “Supportive housing” has the same meaning as defined in
20paragraph (2) of subdivision (b) of Section 50675.14 of the Health
21and Safety Code, except that the program is not restricted to
22serving only projects with five or more units.
(a) To the extent funds are appropriated in the annual
24Budget Act, the department shall award program funds to counties
25for the purpose of providing housing-related supports to eligible
26families experiencing homelessness if that homelessness prevents
27reunification between an eligible family and a child receiving child
28welfare services, or where lack of housing prevents a parent or
29guardian from addressing issues that could lead to foster care
30placement.
31
(b) Notwithstanding subdivision (a), this section does not create
32an entitlement to housing-related assistance, which is intended to
33be provided at the discretion of the county as a service to eligible
34families.
35
(c) (1) It is the intent of the Legislature that housing-related
36assistance provided pursuant to this article utilize evidence-based
37models, including evidence-based practices in rapid rehousing
38and supportive housing.
39
(2) Housing-related supports available to participating families
40shall include, but not be limited to, all of the following:
P84 1
(A) An assessment of each family’s housing needs, including a
2plan to assist them in meeting those needs.
3
(B) Housing navigation or search assistance to recruit
4landlords, and assist families in locating housing affordable to
5the family, under a presumption that the family will pay no more
6than one-third of their income in rent.
7
(C) The use of evidence-based models, such as motivational
8interviewing and
trauma-informed care, to build relationships
9with a parent or guardian.
10
(D) Housing-related financial assistance, including rental
11assistance, security deposit assistance, utility payments, moving
12cost assistance, and interim housing assistance while housing
13navigators are actively seeking permanent housing options for the
14family.
15
(E) Housing stabilization services, including ongoing tenant
16engagement, case management, public systems assistance, legal
17services, credit repair assistance, life skills training, and conflict
18mediation with landlords and neighbors.
19
(F) If the family requires supportive housing, long-term services
20promoting housing stability.
21
(d) The department shall award program funds to counties
22according to criteria developed by the
department, in consultation
23with the County Welfare Directors Association, the Corporation
24for Supportive Housing, and Housing California, subject to both
25of the following requirements:
26
(1) A county that receives state funds under this program shall
27match that funding on a dollar-by-dollar basis. The county funds
28used for this purpose shall supplement, not supplant, county
29funding already intended for these purposes.
30
(2) A county that receives state funds under this program shall
31have a local continuum of care that participates in a homeless
32services coordinated entry and assessment system, as required by
33the United States Department of Housing and Urban Development.
34
(e) The department, in consultation with Housing California,
35the Corporation for Supportive Housing, and the County Welfare
36Directors Association of
California, shall develop all of the
37following:
38
(1) The criteria by which counties may be awarded funds to
39provide housing-related assistance to eligible families pursuant
40to this article.
P85 1
(2) The proportion of program funding to be expended on
2reasonable and appropriate administrative activities to minimize
3overhead and maximize services.
4
(3) Eligible sources of funds for a county’s matching
5contribution.
6
(4) Tracking and reporting procedures for the program.
7
(5) A process for evaluating program data.
begin insertSection 17601.50 of the end insertbegin insertWelfare and Institutions Codeend insert
9
begin insert is amended to read:end insert
The moneys in the Child Poverty and Family
11Supplemental Support Subaccount shall be allocated to the family
12support account in the local health and welfare trust fund in each
13county and city and county by the Controller pursuant to a schedule
14prepared by the Department of Finance. All funds allocated shall
15be attributable to the payment ofbegin delete grant increasesend deletebegin insert increased aid
16payments,end insert as authorized by Section 11450.025. Funds that are not
17allocated in a fiscal year, shall be available for allocation in the
18following fiscal year.
begin insertSection 18910.1 of the end insertbegin insertWelfare and Institutions Codeend insert
20
begin insert is amended to read:end insert
begin deleteIt is the intent of the Legislature that all end deletebegin insertAll end insertCalFresh
22households shall be assigned certification periods that are the
23maximum number of months allowable under federal lawbegin delete based
24onend deletebegin delete theend deletebegin delete household’s circumstances,end deletebegin insert for the household typeend insert unless
25a county is complying with subdivision (b) of Sectionbegin delete 18910.end delete
26
begin insert 18910 or, on a case-by-case basis only, the household’s individual
27circumstances require a shorter certification period.end insert
begin insertSection 18920 is added to the end insertbegin insertWelfare and Institutions
29Codeend insertbegin insert, to read:end insert
(a) Notwithstanding any other law, an agreement
31between the department and a unit of local government, any other
32unit of state government, or a nonprofit organization that provides
33for a contract relating to either of the following is and shall be
34deemed a “cooperative agreement,” as defined in subdivision (a)
35of Section 38072 of the Health and Safety Code:
36
(1) Outreach programs related to CalFresh.
37
(2) The Supplemental Nutrition Assistance Program: Nutrition
38Education and Obesity Prevention Grant Program.
39
(b) Notwithstanding subdivision (b) of Section 38072 of the
40Health and Safety Code, for purposes of Chapter 1
(commencing
P86 1with Section 38070) of Division 25.2 of the Health and Safety
2Code, any reference to the term “department” in those provisions
3shall refer to the State Department of Social Services for purposes
4of an agreement described in subdivision (a).
5
(c) In addition to the authority granted the department in
6subdivision (a) of Section 38081.1 of the Health and Safety Code,
7a change of subcontracts shall not be subject to review and
8approval by the Department of General Services pursuant to
9Chapter 2 (commencing with Section 10290) of Part 2 of Division
102 of the Public Contract Code.
11
(d) The Legislature finds and declares that this section shall be
12applied retroactively to currently executed agreements that are
13described in subdivision (a).
begin insertChapter 17 (commencing with Section 18999) is
15added to Part 6 of Division 9 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
16to read:end insert
17
In enacting this chapter, it is the intent of the
22Legislature to establish, for the 2016-17 fiscal year, the Housing
23and Disability Income Advocacy Program under which counties
24assist homeless Californians with disabilities to increase
25participation among individuals who may be eligible for disability
26benefits programs, including the Supplemental Security
27Income/State Supplementary Program for the Aged, Blind, and
28Disabled (SSI/SSP), the federal Social Security Disability Insurance
29(SSDI) program, the Cash Assistance Program for Immigrants,
30and veterans benefits provided under federal law, including
31disability compensation.
(a) Subject to an appropriation of funds for this
33purpose in the annual Budget Act, the State Department of Social
34Services shall administer the Housing and Disability Income
35Advocacy Program to provide state matching grant funds to
36participating counties for the provision of outreach, case
37management, and advocacy services and housing assistance to
38individuals in need.
39
(b) Funds appropriated pursuant to this chapter shall be
40awarded to counties by the department according to criteria
P87 1developed by the department, in consultation with the County
2Welfare Directors Association of California and advocates for
3clients, subject to the following restrictions:
4
(1) State funds
appropriated pursuant to this chapter shall be
5used only for the purposes specified in this chapter.
6
(2) A county that receives state funds under this chapter shall
7match that funding on a dollar-for-dollar basis. The county
8matching funds used for this purpose shall supplement, and not
9supplant, other county funding for these purposes.
10
(3) A county receiving state funds pursuant to this chapter shall,
11at a minimum, maintain a level of county funding for the outreach,
12active case management, advocacy, and housing assistance
13services described in this chapter that is at least equal to the total
14of the amounts expended by the county for those services in the
152015-16 fiscal year.
16
(4) As part of its application to receive state funds under this
17chapter, a county shall identify how it will collaborate locally
18among, at a
minimum, the county departments that are responsible
19for health, including behavioral health, and human or social
20services in carrying out the activities required by this chapter.
21This collaboration shall include, but is not limited to, the sharing
22of information among these departments as necessary to carry out
23the activities required by this chapter.
(a) (1) A participating county shall provide, or
25contract for, outreach, active case management, and advocacy
26services related to all of the following programs, as appropriate:
27
(A) The Supplemental Security Income/State Supplementary
28Program for the Aged, Blind, and Disabled (SSI/SSP).
29
(B) The federal Social Security Disability Insurance (SSDI)
30program.
31
(C) The Cash Assistance Program for Immigrants.
32
(D) Veterans benefits provided under federal law, including,
33but not limited to, disability compensation.
34
(2) The outreach and case management services required by
35this subdivision shall include, but not be limited to, all of the
36following:
37
(A) Receiving referrals.
38
(B) Conducting outreach, training, and technical assistance.
39
(C) Providing assessment and screening.
P88 1
(D) Coordinating record retrieval and other necessary means
2of documenting disability.
3
(E) Coordinating the provision of health care, including
4behavioral health care, for clients, as appropriate.
5
(3) The advocacy services required by this subdivision, which
6may be provided though legal representation, shall
include, but
7not be limited to, the following:
8
(A) Developing and filing competently prepared benefit
9applications, appeals, reconsiderations, reinstatements, and
10recertifications.
11
(B) Coordinating with federal and state offices regarding
12pending benefit applications, appeals, reconsiderations,
13reinstatements, and recertifications and advocating on behalf of
14the client.
15
(b) A participating county shall use screening tools to identify
16populations of individuals who are likely to be eligible for the
17programs listed in subdivision (a), in accordance with the
18following:
19
(1) The county shall give highest priority to individuals who
20are chronically homeless or who rely the most heavily on state-
21and county-funded services.
22
(2) Other populations to be targeted by the program include,
23but are not limited to, the following:
24
(A) General assistance or general relief applicants or recipients
25who are homeless or at risk of homelessness.
26
(B) Parents who receive CalWORKs assistance or whose
27children receive assistance or children who are recipients of
28CalWORKs in families that are homeless or at risk of homelessness.
29
(C) Low-income individuals with disabilities who can be diverted
30from, or who are being discharged from, jails or prisons and who
31are homeless or at risk of homelessness.
32
(D) Low-income veterans with disabilities who are homeless
33or at risk of homelessness.
34
(E) Low-income individuals with disabilities who are being
35discharged from hospitals, long-term care facilities, or
36rehabilitation facilities and who are homeless or at risk of
37homelessness.
38
(c) (1) As appropriate, a participating county may refer an
39individual to workforce development programs who is not likely
P89 1to be eligible for the programs listed in subdivision (a) and who
2may benefit from workforce development programs.
3
(2) In consultation with an individual who has been served by
4the Housing and Disability Income Advocacy Program and
5considering the circumstances of his or her disabilities, a
6participating county may, upon approval or final denial of
7disability benefits, refer an individual who may benefit from
8workforce development programs to those programs.
9
(3) An individual’s participation in a workforce development
10program pursuant to this subdivision is voluntary.
(a) (1) A participating county shall use funds
12received under this program to establish or expand programs that
13provide housing assistance, including interim housing, recuperative
14care, rental subsidies, or, only when necessary, shelters, for clients
15receiving services under Section 18999.2 during the clients’
16application periods for disability benefits programs described in
17that section. The county shall place a client who receives subsidies
18in housing that the client can sustain without a subsidy upon
19approval of disability benefits. If the client is not approved for
20disability benefits, case management staff shall assist in developing
21a transition plan for housing support through other available
22resources.
23
(2) A
client’s participation in housing assistance programs or
24services is voluntary.
25
(b) A county, with the assistance of the department, shall seek
26reimbursement of funds used for housing assistance, general
27assistance, or general relief from the federal Commissioner of
28Social Security pursuant to an interim assistance reimbursement
29agreement authorized by Section 1631(g) of the federal Social
30Security Act. A county shall expend funds received as
31reimbursement for housing assistance only on additional housing
32assistance for clients receiving services under this chapter.
(a) Each participating county shall annually report
34to the department regarding its funding of advocacy and outreach
35programs in the prior year, as well as the use of state funding
36provided under this chapter, including all of the following:
37
(1) The number of clients served in each of the targeted
38populations described in subdivision (b) of Section 18999.2 and
39any other populations the county chose to target.
P90 1
(2) The demographics of the clients served, including race or
2ethnicity, age, and gender.
3
(3) The number of applications for benefits, and type of benefits,
4filed with the assistance of the county.
5
(4) The number of applications approved initially, the number
6approved after reconsideration, the number approved after appeal,
7and the number not approved, including the time to benefits
8establishment.
9
(5) For applications that were denied, the reasons for denial.
10
(6) The number of clients who received subsidized housing
11during the period that their applications were pending and a
12description of how that impacted the clients and the rates of
13completed applications or approval.
14
(7) The number of clients who received subsidized housing who
15maintained that housing during the SSI application period.
16
(8) The percentage of individuals approved for SSI who retain
17permanent housing 6, 12, and 24
months after benefits approval.
18
(9) The amount and percentage of rental subsidy costs and of
19general assistance or general relief costs recovered through interim
20assistance reimbursement for individuals approved for benefits.
21
(10) The number of individuals eligible to be served by this
22program but who have not yet received services.
23
(11) Any additional data requirements established by the
24department after consultation with the County Welfare Directors
25Association of California and advocates for clients.
26
(b) The department shall periodically inform the Legislature of
27the implementation progress of the program and make related
28data available on its Internet Web site. The department shall also
29report to the Legislature by October 1, 2018, in compliance
with
30Section 9795 of the Government Code, regarding the
31implementation of the program, including the information reported
32by participating counties pursuant to this section.
33
(c) Notwithstanding the rulemaking provisions of the
34Administrative Procedures Act (Chapter 3.5 (commencing with
35Section 11340) of Part 1 of Division 3 of Title 2 of the Government
36Code), the department may implement, interpret, or make specific
37this chapter through all-county letters without taking any
38regulatory action.
(a) During the 2017 and 2018 legislative budget
40hearings, the State Department of Social Services and the State
P91 1Department of Health Care Services shall update the legislative
2budget committees on activities taken by the departments to
3implement the Continuum of Care Reform (CCR) pursuant to AB
4403 (Chapter 773, Statutes of 2015).
5
(b) The information required pursuant to subdivision (a) shall
6include, but is not limited to, all of the following:
7
(1) The
specialty mental health services provided to foster
8children in short term residential treatment centers, by foster family
9agencies, and by resource families.
10
(2) The roles to be performed by the county mental health plans,
11the Medi-Cal managed care plans, and the fee-for-service system
12to coordinate mental health services being provided to foster youth
13pursuant to subdivision (a).
14
(3) The actual or projected fiscal information related to the
15implementation of CCR, as follows:
16
(A) Funding sources available to provide mental health services
17to foster care children.
18
(B) The state, county, and federal funding estimated for the
192016-17 fiscal year to provide mental health services to foster
20children who meet the medical necessity criteria for specialty
21
mental health services under the Medi-Cal program.
No appropriation pursuant to Section 15201 of the
23Welfare and Institutions Code shall be made for purposes of
24implementing Section 20 of this act.
The State Department of Social Services shall convene
26stakeholders, including county placing agencies, providers, foster
27youth, and legislative staff, commencing no later than July 1, 2016,
28to discuss the adequacy of the proposed foster care rates and rate
29structure, and the extent to which the rates will achieve the desired
30outcomes for Continuum of Care Reform and AB 403 (Chapter
31773, Statutes of 2015). The department shall report to the
32legislative budget committees no later than August 10, 2016, on
33the results of these discussions. To the extent the proposed rates
34have changed, the department shall provide
updated projected
35costs no later than January 10, 2017.
(a) Notwithstanding the rulemaking provisions of
37the Administrative Procedure Act (Chapter 3.5 (commencing with
38Section 11340) of Part 1 of Division 3 of Title 2 of the Government
39Code), the State Department of Social Services may implement
40and administer Article 6 (commencing with Section 16523) of
P92 1Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
2Code and the changes made in this act to Sections 11253.45,
311320.15, 11322.63, 11322.64, 11322.83, 11323.25, 11402 (as
4amended by Section 65 of Chapter 773 of the Statutes of 2015),
511402 (as amended by Section 66 of Chapter 773
of the Statutes
6of 2015), 11450, 11450.04, 11461.3, 11461.4, 11465, 12301.02,
716519.5, and 18910.1 of the Welfare and Institutions Code through
8all-county letters or similar instructions until regulations are
9adopted.
10
(b) The department shall adopt emergency regulations
11implementing the sections specified in subdivision (a) no later than
12January 1, 2018. The department may readopt any emergency
13regulation authorized by this section that is the same as, or
14substantially equivalent to, any emergency regulation previously
15adopted pursuant to this section. The initial adoption of regulations
16pursuant to this section and one readoption of emergency
17regulations shall be deemed to be an emergency and necessary
18for the immediate preservation of the public peace, health, safety,
19or general welfare. Initial emergency regulations and the one
20readoption of emergency regulations authorized by this section
21shall be exempt from review by the Office of
Administrative Law.
22The initial emergency regulations and the one readoption of
23emergency regulations authorized by this section shall be submitted
24to the Office of Administrative Law for filing with the Secretary
25of State, and each shall remain in effect for no more than 180 days,
26by which time final regulations shall be adopted.
(a) To the extent that this act has an overall effect
28of increasing the costs already borne by a local agency for
29programs or levels of service mandated by the 2011 Realignment
30Legislation, Section 36 of Article XIII of the California Constitution
31shall govern this act’s application to local agencies and the state’s
32funding of those programs or levels of service.
33
(b) However, if the Commission on State Mandates determines
34that this act contains other costs mandated by the state for
35programs or levels of service not described
in subdivision (a),
36reimbursement to local agencies and school districts for those
37costs shall be made pursuant to Part 7 (commencing with Section
3817500) of Division 4 of Title 2 of the Government Code.
This act is a bill providing for appropriations related
40to the Budget Bill within the meaning of subdivision (e) of Section
P93 112 of Article IV of the California Constitution, has been identified
2as related to the budget in the Budget Bill, and shall take effect
3immediately.
It is the intent of the Legislature to enact statutory
5changes relating to the 2016 Budget Act.
O
97