Amended in Senate August 15, 2016

Amended in Senate August 8, 2016

Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1625


Introduced by Committee on Budget (Assembly Members Ting (Chair), Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Holden, Irwin, McCarty, Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, and Williams)

January 7, 2016


An act to amend Sections 12254 and 12258 of the Revenue and Taxation Code, and to amend Sections 10850.4, 11322.64, and 11461.3 of, and to add Section 10850.45 to, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

AB 1625, as amended, Committee on Budget. Human services.

(1) Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a managed care organization provider tax, which is administered by the State Department of Health Care Services. The tax is assessed by the department on licensed health care service plans, managed care plans contracted with the department to provide Medi-Cal services, and alternate health care service plans.

Existing law imposes a gross premiums tax of 2.35% on all insurers, as defined, doing business in this state, as set forth in the California Constitution. Existing law requires certain insurers to make prepayments of the annual tax and requires the amount of each prepayment to be 25% of the amount of the annual insurance tax liability reported on the return of the insurer for the preceding calendar year. Existing law reduces the gross premiums tax rate to 0% for those premiums received on or after July 1, 2016, and on or before June 30, 2019, for the provision of health insurance paid by health insurers providing health insurance that has a corporate affiliate, as defined, that is a health care service plan or health plan that is subject to the managed care organization provider tax described above, as specified.

This bill would provide that for health insurers subject to the 0% gross premiums tax rate prepayments are not required between July 1, 2016, and on or before June 30, 2019, and would additionally provide that for prepayments due on or after June 30, 2019, the amount due is 25% of the amount of what the annual insurance tax liability reported on the return of the health insurer for the preceding calendar year would have been if the provision reducing the gross premiums tax rate to 0% described above had never been operative.

(2) Existing law requires certain documents from the juvenile case file for a child who died as a result of abuse or neglect, as specified, to be released by the custodian of records upon request and subject to redaction of certain identifying personal information upon completion of the child abuse or neglect investigation into the child’s death.

This bill would add a description of child protective or other services provided and actions taken by the child welfare agency, and juvenile court if applicable, to the list of documents that are required to be released. The bill would also require the custodian of records to release certain information in all cases in which abuse or neglect results in a child near fatality, as defined. The bill would prohibit the disclosure of certain information in connection with child near fatalities, including, among others, information that would, after consultation with the district attorney, jeopardize a criminal investigation or proceeding. The bill would make related changes.

The bill would also authorize the State Department of Social Services to implement these provisions by means of all-county letters or similar instructions until regulations are adopted, as specified. By creating new duties for local officials, the bill would impose a state-mandated local program.

(3) Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law authorizes a county that is participating in ARC and that has paid certain specified funds to request reimbursement for those funds from the department if, in any calendar year, the entire amount of funding appropriated by the state for ARC has not been fully allocated to or utilized by participating counties.

This bill would instead authorize a county to make that request if, in any fiscal year, the entire amount of funding appropriated by the state for ARC has not been fully allocated to or utilized by participating counties.

(4) The bill also would delete an obsolete reporting requirement of the State Department of Social Services relating to employment of CalWORKs recipients.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.

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

(6) This bill would appropriate $705,000 from the General Fund to the Department of Rehabilitation, for encumbrance or expenditure until June 30, 2017, to be allocated to independent living centers that have been both established and maintained using specified federal funding as their primary base grant.

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

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

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

P3    1

SECTION 1.  

Section 12254 of the Revenue and Taxation Code
2 is amended to read:

P4    1

12254.  

(a) The amount of each prepayment shall be 25 percent
2of the amount of the annual insurance tax liability reported on the
3return of the insurer for the preceding calendar year.

4(b) In establishing the prepayment amount of an insurer that
5has acquired the business of another insurer, the amount of tax
6liability of the acquiring insurer reported for the preceding calendar
7year shall be deemed to include the amount of tax liability of the
8acquired insurer reported for that year.

9(c) Notwithstanding subdivision (a), for a health insurer subject
10to Section 12202.2 both of the following shall apply:

11(1) On or after July 1, 2016, and on or before June 30, 2019, a
12prepayment shall not be required.

13(2) The amount of each prepayment due after June 30, 2019,
14shall be 25 percent of the amount of what the annual insurance tax
15liability reported on the return of the insurer for the preceding
16calendar year would have been if Section 12202.2 had never been
17operative.

18(d) This section shall become operative on July 1, 2013.

19

SEC. 2.  

Section 12258 of the Revenue and Taxation Code is
20amended to read:

21

12258.  

(a) Any insurer that fails to pay any prepayment within
22the time required shall pay a penalty of 10 percent of the amount
23of the required prepayment, plus interest at the modified adjusted
24rate per month, or fraction thereof, established pursuant to Section
256591.5, from the due date of the prepayment until the date of
26payment but not for any period after the due date of the annual
27tax. Assessments of prepayment deficiencies may be made in the
28manner provided by deficiency assessments of the annual tax.

29(b) Notwithstanding any other law, if a Medi-Cal managed care
30plan, as defined in subdivision (a) of Section 12009, receives
31additional amounts includable in its total operating revenue, as
32defined in Section 12241, for the service periods from January 1,
332009, to June 30, 2013, inclusive, those amounts shall continue to
34be subject to the tax imposed by Section 12201, as added by
35Section 4 of the act adding this section, as added by Section 5 of
36Chapter 157 of the Statutes of 2009, as added by Section 31 of
37Chapter 717 of the Statutes of 2010, and as added by Section 2 of
38Chapter 11 of the First Extraordinary Session of the Statutes of
392011, and 100 percent of the tax continues to be due and shall be
P5    1submitted to the Department of Insurance no later than 30 days
2after receipt of those amounts.

3(c) This section shall not apply to an insurer subject to paragraph
4(1) of subdivision (c) of Section 12254.

5(d) This section shall become operative on July 1, 2013.

6

SEC. 3.  

Section 10850.4 of the Welfare and Institutions Code
7 is amended to read:

8

10850.4.  

(a) Within five business days of learning that a child
9fatality has occurred in the county and that there is a reasonable
10suspicion that the fatality was caused by abuse or neglect, the
11custodian of records for the county child welfare agency, upon
12request, shall release the following information:

13(1) The age and gender of the child.

14(2) The date of death.

15(3) Whether the child resided in foster care or in the home of
16his or her parent or guardian at the time of death.

17(4) Whether an investigation is being conducted by a law
18enforcement agency or the county child welfare agency.

19(b) All cases in which abuse or neglect, as defined by paragraph
20(1) of subdivision (k), leads to a child’s death shall be subject to
21the disclosures required in subdivision (c). Abuse or neglect is
22determined to have led to a child’s death if one or more of the
23following conditions are met:

24(1) A county child protective services agency determines that
25the abuse or neglect was substantiated.

26(2) A law enforcement investigation concludes that abuse or
27neglect occurred.

28(3) A coroner or medical examiner concludes that the child who
29died had suffered abuse or neglect.

30(c) Upon completion of the child abuse or neglect investigation
31into the child’s death, as described in subdivision (b), the following
32documents from the juvenile case file shall be released by the
33custodian of records upon request, subject to the redactions set
34forth in subdivision (e):

35(1) All of the information in subdivision (a).

36(2) For cases in which the child’s death occurred while living
37with a parent or guardian, all previous referrals of abuse or neglect
38of the deceased child while living with that parent or guardian
39shall be disclosed along with the following documents:

P6    1(A) The emergency response referral information form and the
2emergency response notice of referral disposition form completed
3by the county child welfare agency relating to the abuse or neglect
4that caused the death of the child.

5(B) Any cross reports completed by the county child welfare
6agency to law enforcement relating to the deceased child.

7(C) All risk and safety assessments completed by the county
8child welfare services agency relating to the deceased child.

9(D) All health care records of the deceased child, excluding
10mental health records, related to the child’s death and previous
11injuries reflective of a pattern of abuse or neglect.

12(E) Copies of police reports about the person against whom the
13child abuse or neglect was substantiated.

14(F) A description of child protective or other services provided
15and actions taken by the child welfare agency, and juvenile court
16if applicable, relating to the deceased child, addressing any services
17and actions that are not otherwise disclosed within other documents
18required for release pursuant to this section, including the date and
19a written description of any such service or action taken.

20(3) For cases in which the child’s death occurred while the child
21was in foster care, the following documents in addition to those
22specified in paragraphs (1) and (2) generated while the child was
23living in the foster care placement that was the placement at the
24time of the child’s death:

25(A) Records pertaining to the foster placement’s initial licensing
26and renewals and type of license or licenses held, if in the case
27file.

28(B) All reported licensing violations, including notices of action,
29if in the case file.

30(C) Records of the training completed by the foster parents, if
31in the case file.

32(d) (1) The documents and information listed in paragraph (1)
33of, and subparagraphs (A) to (E), inclusive, of paragraph (2) of,
34subdivision (c) shall be released to the public by the custodian of
35records within 10 business days of the request or the disposition
36of the investigation, whichever is later.

37(2) The description listed in subparagraph (F) of paragraph (2)
38of subdivision (c) shall be released to the public by the custodian
39of records within 10 business days after the release of the
40documents pursuant to paragraph (1).

P7    1(e) (1) Prior to releasing any document pursuant to subdivision
2(c), the custodian of records shall redact the following information:

3(A) The names, addresses, telephone numbers, ethnicity,
4religion, or any other identifying information of any person or
5institution, other than the county or the State Department of Social
6Services, that is mentioned in the documents listed in paragraphs
7(2) and (3) of subdivision (c).

8(B) Any information that would, after consultation with the
9district attorney, jeopardize a criminal investigation or proceeding.

10(C) Any information that is privileged, confidential, or not
11subject to disclosure pursuant to any other state or federal law.

12(2) (A) The State Department of Social Services shall
13promulgate a regulation listing the laws described in subparagraph
14(C) of paragraph (1) and setting forth standards governing
15redactions.

16(B) Notwithstanding the rulemaking provisions of the
17Administrative Procedure Act (Chapter 3.5 (commencing with
18Section 11340) of Part 1 of Division 3 of Title 2 of the Government
19Code), until emergency regulations are filed with the Secretary of
20State, the State Department of Social Services may implement the
21changes made to Section 827 and this section at the 2007-08
22Regular Session of the Legislature through all-county letters or
23similar instructions from the director. The department shall adopt
24emergency regulations, as necessary to implement those changes,
25no later than January 1, 2009.

26(C) The adoption of regulations pursuant to this paragraph shall
27be deemed to be an emergency necessary for the immediate
28preservation of the public peace, health, safety, or general welfare.
29The emergency regulations authorized by this section shall be
30exempt from review by the Office of Administrative Law. The
31emergency regulations authorized by this section shall be submitted
32for filing with the Secretary of State and shall remain in effect for
33no more than 180 days, by which time the final regulations shall
34be adopted.

35(f) Upon receiving a request for the documents listed in
36subdivision (c), the custodian of records shall notify and provide
37a copy of the request upon counsel for any child who is directly
38or indirectly connected to the juvenile case file. If counsel for a
39child, including the deceased child or any sibling of the deceased
40child, objects to the release of any part of the documents listed in
P8    1paragraphs (2) and (3) of subdivision (c), they may petition the
2juvenile court for relief to prevent the release of any document or
3part of a document requested pursuant to paragraph (2) of
4subdivision (a) of Section 827.

5(g) Juvenile case file records that are not subject to disclosure
6pursuant to this section shall only be disclosed upon an order by
7the juvenile court pursuant to Section 827.

8(h) Once documents pursuant to this section have been released
9by the custodian of records, the State Department of Social Services
10or the county welfare department or agency may comment on the
11case within the scope of the release. If the county welfare
12department or agency comments publicly about the case within
13the scope of the release pursuant to this subdivision, the social
14worker on the case may also comment publicly about the case
15within the scope of the release.

16(i) Information released by a custodian of records consistent
17with the requirements of this section does not require prior notice
18to any other individual.

19(j) Each county welfare department or agency shall notify the
20State Department of Social Services of every child fatality that
21occurred within its jurisdiction that was the result of child abuse
22or neglect. Based on these notices and any other relevant
23information in the State Department of Social Services’ possession,
24the department shall annually issue a report identifying the child
25fatalities and any systemic issues or patterns revealed by the notices
26and other relevant information. The State Department of Social
27Services, after consultation with interested stakeholders, shall
28provide instructions by an all-county letter regarding the procedure
29for notification.

30(k) For purposes of this section, the following definitions apply:

31(1) “Child abuse or neglect” and “abuse or neglect” have the
32same meaning as defined in Section 11165.6 of the Penal Code.

33(2) “Custodian of records,” for the purposes of this section and
34paragraph (2) of subdivision (a) of Section 827, means the county
35welfare department or agency.

36(3) “Juvenile case files” or “case files” includes any juvenile
37court files, as defined in Rule 5.552 of the California Rules of
38Court, and any county child welfare department or agency or State
39Department of Social Services records regardless of whether they
40are maintained electronically or in paper form.

P9    1(4) “Substantiated” has the same meaning as that term is used
2with respect to a substantiated report as defined in Section
311165.12 of the Penal Code.

4(l) A person disclosing juvenile case file information as required
5by this section shall not be subject to liability in any civil or
6criminal proceeding for complying with the requirements of this
7section.

8(m) This section shall apply only to deaths that occur on or after
9January 1, 2008.

10(n) Nothing in this section shall require a custodian of records
11to retain documents beyond any date otherwise required by law.

12(o) Nothing in this section shall be construed as requiring a
13custodian of records to obtain documents not in the case file.

14(p) Nothing in this section authorizes the disclosure of
15information that reveals the identity of a person or persons who
16provided information related to suspected abuse, neglect, or
17maltreatment of the child.

18(q) Notwithstanding the rulemaking provisions of the
19Administrative Procedure Act (Chapter 3.5 (commencing with
20Section 11340) of Part 1 of Division 3 of Title 2 of the Government
21Code), until regulations are filed with the Secretary of State, the
22State Department of Social Services may implement this section
23through all-county letters or similar instructions following
24consultation with stakeholders. This consultation shall commence
25no later than October 1, 2016, and shall include, but not be limited
26to, child welfare advocates, labor organizations, representatives
27of counties, and legislative staff. Rulemaking to implement this
28section pursuant to the Administrative Procedure Act shall
29commence no later than January 1, 2018.

30

SEC. 4.  

Section 10850.45 is added to the Welfare and
31Institutions Code
, to read:

32

10850.45.  

(a) Within 10 business days of learning that a child
33near fatality that has been determined to have been caused by abuse
34orbegin delete neglectend deletebegin insert neglect, as described in paragraph (4) of subdivision
35(l),end insert
has occurred in the county, the custodian of records for the
36county child welfare agency, upon request, shall release all of the
37following information:

38(1) The age and gender of the child.

39(2) The date of the near fatality.

P10   1(3) Whether the child resided in foster care or in the home of
2his or her parent or guardian at the time of the near fatality.

3(4) Whether an investigation is being conducted by a law
4enforcement agency or the county child welfare agency.

begin insert

5
(b) All cases in which abuse or neglect leads to a child’s near
6fatality, as described in paragraph (4) of subdivision (l), shall be
7subject to the disclosures required in subdivisions (c) and (d).

end insert
begin delete

8(b)

end delete

9begin insert(end insertbegin insertc)end insert Findings or information disclosed under this subdivision,
10upon request, shall consist of a written report that includes all of
11the following information:

12(1) The age and gender of the child.

13(2) The date the abuse or neglect occurred that resulted in the
14near fatality, if known, and the date that a licensed physician
15determined the child victim to be in serious or critical medical
16condition, if known.

17(3) Whether the child resided in foster care or in the home of
18his or her parent or guardian at the time of the near fatality.

19(4) The cause of, and circumstances regarding, the near fatality.

20(5) A description of reports received, child protective or other
21services provided, and actions taken by the county child welfare
22services agency and juvenile court, if applicable, regarding both
23of the following:

24(A) Suspected or substantiated abuse or neglect of the child near
25fatality victim.

26(B) Suspected or substantiated abuse or neglect of other children
27that is related to the abuse or neglect described in subparagraph
28(A).

29(6) The description required by paragraph (5) shall provide a
30written narrative that includes, but is not limited to, the following
31information:

32(A) The dates of reports, investigations, services provided, and
33actions taken.

34(B) The investigative disposition for each report.

35(C) Any comments provided by the involved social worker or
36workers for the written narrative regarding the investigations,
37services provided, and actions taken.

begin delete

38(c) Subject to subdivision (e), a custodian of records shall
39disclose the following to the public, upon request:

end delete
begin insert

P11   1
(d) Upon completion of the child abuse or neglect investigation
2into a child’s near fatality, as described in paragraph (4) of
3subdivision (l), the following documents from the juvenile case file
4shall be released by the custodian of records upon request, subject
5to the redactions described in subdivision (f):

end insert

6(1) For cases in which the child’s near fatality occurred while
7living with a parent or guardian, all previous referrals of abuse or
8neglect of the child suffering the near fatality while living with
9that parent or guardian, along with the following documents:

10(A) The emergency response referral information form and
11emergency response notice of referral disposition form completed
12by the county child welfare agency relating to the abuse or neglect
13that caused the near fatality of the child.

14(B) Any cross reports completed by the county child welfare
15services agency to law enforcement relating to the child suffering
16the near fatality.

17(C) All risk and safety assessments completed by the county
18child welfare services agency relating to the child suffering the
19near fatality.

20(D) Copies of police reports about the person against whom the
21child abuse or neglect was substantiated.

22(2) For cases in which the child’s near fatality occurred while
23the child was in foster care, the following documents, in addition
24to those specified in paragraph (1), generated while the child was
25living in the foster care placement that was the placement at the
26time of the child’s near fatality:

27(A) Records pertaining to the foster parents’ initial licensing
28and renewals and type of license or licenses held if in the case file.

29(B) All reported licensing violations, including notices of action,
30if in the case file.

31(C) Records of the training completed by the foster parents if
32in the case file.

begin delete

33(d)

end delete

34begin insert(end insertbegin inserte)end insert (1) When disclosure is requested pursuant to subdivisions
35begin delete (b) and (c),end deletebegin insert (c) and (d),end insert all required findings and information shall
36be released to the public by the custodian of records within 30
37calendar days of either the request or the disposition of the
38investigation, whichever is later.

39(2) When disclosure is requested pursuant to subdivisionbegin delete (b),end delete
40begin insert (c),end insert the county shall submit a copy of the description and written
P12   1narrative required in subdivisionbegin delete (b)end deletebegin insert (c)end insert to the State Department
2of Social Services within 20 calendar days of the request or the
3disposition of the investigation, whichever is later. Within 10
4calendar days of receipt, the State Department of Social Services
5shall review the description and written narrative submitted by the
6county against the case file and notify the county of any
7discrepancies or other concerns prior to the county’s release of the
8information pursuant to paragraph (1).

begin delete

9(e)

end delete

10begin insert(end insertbegin insertf)end insert The information and records subject to disclosure pursuant
11to subdivisionsbegin delete (b) and (c)end deletebegin insert (c) and (d)end insert shall not include, and the
12custodian of records shall not disclose, any of the following
13information:

14(1) The name, address, telephone number, ethnicity, religion,
15or any other identifying information of any person or institution,
16other than the county or the State Department of Social Services,
17that is referenced in subdivisionbegin delete (b) or (c).end deletebegin insert (c) or (d).end insert

18(2) Any information that would, after consultation with the
19district attorney, jeopardize a criminal investigation or proceeding.

20(3) Any information that is privileged, confidential, or not
21subject to disclosure pursuant to any other state or federal law.

22(4) All health care records related to the child or the child’s
23family.

begin delete

24(5) (A) Any information not relevant to the near fatality. This
25includes, but is not limited to, any information regarding any adult
26whose activities are not relevant to the near fatality.

end delete
begin insert

27
(5) (A) Any information referenced in the report prepared
28pursuant to subdivision (c) or contained in any document listed in
29subdivision (d) that is not relevant to the near fatality, consistent
30with regulations or all-county letters or similar instructions issued
31pursuant to subdivision (r). Subject to subparagraphs (B) and (C),
32those regulations or all-county letters or similar instructions shall
33provide further guidance regarding persons or conduct that is not
34relevant. This includes, but is not limited to, any information
35referenced in the report prepared pursuant to subdivision (c) or
36contained in any document listed in subdivision (d) regarding any
37adult whose activities are not part of an event or events or do not
38have a material bearing on the circumstances that led to the near
39fatality, pursuant to subparagraph (B).

end insert

P13   1(B) Information regarding the agency’s handling of the case
2that may indicate a pattern of events or have abegin insert materialend insert bearing
3on the circumstances that led to the near fatality is relevant for
4purposes of subparagraph (A).

5(C) Anybegin insert record of anyend insert actionbegin insert or observationend insert of any individual
6begin delete responding in the case in theirend deletebegin insert acting in his or herend insert professional
7capacity is relevant for purposes ofbegin delete subparagraph (A).end delete
8
begin insert subparagraphs (A) and (B).end insert

begin delete

9(f)

end delete

10begin insert(end insertbegin insertg)end insert Upon receiving a request for the information described in
11subdivisionsbegin delete (b) and (c),end deletebegin insert (c) and (d),end insert the custodian of records shall
12notify and provide a copy of the request to the counsel for any
13child who is directly or indirectly connected to the juvenile case
14file. If the counsel for a child, including the child near fatality
15victim or any sibling of the child victim, objects to the release of
16any part of the information listed in subdivisionsbegin delete (b) and (c),end deletebegin insert (c)
17and (d),end insert
counsel may petition the juvenile court for relief to prevent
18the release of any document or part of a document requested
19pursuant to paragraph (2) of subdivision (a) of Section 827.

begin delete

20(g)

end delete

21begin insert(h)end insert Juvenile case file records that are not subject to disclosure
22pursuant to this section shall only be disclosed upon an order by
23the juvenile court pursuant to Section 827.

begin delete

24(h)

end delete

25begin insert(end insertbegin inserti)end insert Once documents have been released by the custodian of
26records pursuant to this section, the State Department of Social
27Services or the county welfare department or agency may comment
28on the case within the scope of the release. If the county welfare
29department or agency comments publicly about the case within
30the scope of the release pursuant to this subdivision, the social
31worker on the case may also comment publicly about the case
32within the scope of the release.

begin delete

33(i)

end delete

34begin insert(end insertbegin insertj)end insert Information released by a custodian of records consistent
35with the requirements of this section does not require prior notice
36to any other individual.

begin delete

37(j)

end delete

38begin insert(end insertbegin insertk)end insert Each county child welfare services agency shall notify the
39State Department of Social Services of every child near fatality
40that occurred within its jurisdiction that was the result of child
P14   1abuse or neglect. Based on these notices and any other relevant
2information in the State Department of Social Services’ possession,
3the department shall annually issue a report identifying the child
4near fatalities and any systemic issues or patterns revealed by the
5notices and other relevant information.

begin delete

6(k)

end delete

7begin insert(end insertbegin insertl)end insert For purposes of this section, the following definitions apply:

8(1) “Child abuse or neglect” and “abuse or neglect” have the
9same meaning as defined in Section 11165.6 of the Penal Code.
10“Child abuse or neglect” and “abuse or neglect” shall not include
11near fatalities caused by the following persons, unless neglect by
12a parent, guardian, or foster care provider contributed to the
13circumstances of the near fatality:

14(A) An alleged perpetrator who was unknown to the child or
15family prior to the abuse that caused the near fatality.

16(B) A minor, unless acting in the role of a caretaker, who is
17alleged to have caused the near fatality.

18(2) “Custodian of records” means the county welfare department
19or agency.

20(3) “Juvenile case files” or “case files” includes any juvenile
21court files, as defined in Rule 5.552 of the California Rules of
22Court, and any county child welfare department or agency or State
23Department of Social Services records regardless of whether they
24are maintained electronically or in paper form.

25(4) (A) “Near fatality” has the same meaning as defined in
26Section 5106a of Title 42 of the United States Code under the
27federal Child Abuse Prevention and Treatment Act.

28(B) Abuse or neglect is deemed to have resulted in a child’s
29near fatality if either of the following conditions is met:

30(i) A law enforcement investigation concludes that child abuse
31or neglect occurred.

32(ii) A county child welfare services agency determines that the
33child abuse or neglect was substantiated.

34(5) “Substantiated” has the same meaning as that term is used
35with respect to a substantiated report as defined in Section
3611165.12 of the Penal Code.

begin delete

37(l)

end delete

38begin insert(end insertbegin insertm)end insert A person disclosing juvenile case file information as
39required by this section shall not be subject to liability in any civil
P15   1or criminal proceeding for complying with the requirements of
2this section.

begin delete

3(m)

end delete

4begin insert(end insertbegin insertn)end insert This section shall apply only to near fatalities that occur on
5or after January 1, 2017.

begin delete

6(n)

end delete

7begin insert(end insertbegin inserto)end insert This section does not require a custodian of records to retain
8documents beyond any date otherwise required by law.

begin delete

9(o)

end delete

10begin insert(end insertbegin insertp)end insert This section does not require a custodian of records to obtain
11documents not in the case file.

begin delete

12(p)

end delete

13begin insert(end insertbegin insertq)end insert This section does not authorize the disclosure of information
14that reveals the identity of a person or persons who provided
15information related to suspected abuse, neglect, or maltreatment
16of a child.

begin delete

17(q)

end delete

18begin insert(end insertbegin insertr)end insert Notwithstanding the rulemaking provisions of the
19Administrative Procedure Act (Chapter 3.5 (commencing with
20Section 11340) of Part 1 of Division 3 of Title 2 of the Government
21Code), until regulations are filed with the Secretary of State, the
22State Department of Social Services may implement this section
23through all-county letters or similar instructions following
24consultation with stakeholders. This consultation shall commence
25no later than October 1, 2016, and shall include, but not be limited
26to,begin insert the following stakeholders:end insert child welfare advocates,
27begin insert representatives of organizations that have filed requests pursuant
28to Section 10850.4, advocates for foster youth,end insert
labor organizations,
29representatives of counties, and legislative staff. Rulemaking to
30implement this section pursuant to the Administrative Procedure
31Act shall commence no later than January 1,begin delete 2018.end deletebegin insert 2018, and shall
32be concluded as soon as practicable.end insert

33

SEC. 5.  

Section 11322.64 of the Welfare and Institutions Code,
34as added by Section 9 of Chapter 25 of the Statutes of 2016, is
35amended to read:

36

11322.64.  

(a) (1) The department, in consultation with the
37County Welfare Directors Association of California, shall develop
38an allocation methodology to distribute additional funding for
39expanded subsidized employment programs for CalWORKs
40recipients, or individuals described in Section 11320.15 who have
P16   1exceeded the time limits specified in subdivision (a) of Section
211454.

3(2) Funds allocated pursuant to this section may be utilized to
4cover all expenditures related to the operational costs of the
5expanded subsidized employment program, including the cost of
6overseeing the program, developing work sites, and providing
7training to participants, as well as wage and nonwage costs.

8(3) The department, in consultation with the County Welfare
9Directors Association of California, shall determine the amount
10or proportion of funding allocated pursuant to this section that may
11be utilized for operational costs, consistent with the number of
12employment slots anticipated to be created and the funding
13provided.

14(b) Funds allocated for expanded subsidized employment shall
15be in addition to, and independent of, the county allocations made
16pursuant to Section 15204.2.

17(c) (1) A county that accepts additional funding for expanded
18subsidized employment in accordance with this section shall
19continue to expend no less than the aggregate amount of funding
20received by the county pursuant to Section 15204.2 that the county
21expended on subsidized employment in the 2012-13 fiscal year
22pursuant to Section 11322.63, as that section read on June 30,
232016.

24(2) This subdivision shall not apply for any fiscal year in which
25the total CalWORKs caseload is projected by the department to
26increase by more than 5 percent of the total actual CalWORKs
27 caseload in the 2012-13 fiscal year.

28(d) Each county shall submit to the department a plan regarding
29how it intends to utilize the funds allocated pursuant to this section.

30(e) (1) Participation in subsidized employment pursuant to this
31section shall be limited to a maximum of six months for each
32participant.

33(2) Notwithstanding paragraph (1), a county may extend
34participation beyond the six-month limitation described in
35paragraph (1) for up to an additional three months at a time, to a
36maximum of no more than 12 total months. Extensions may be
37granted pursuant to this paragraph if the county determines that
38the additional time will increase the likelihood of either of the
39following:

P17   1(A) The participant obtaining unsubsidized employment with
2the participating employer.

3(B) The participant obtaining specific skills and experiences
4relevant for unsubsidized employment in a particular field.

5(f) A county may continue to provide subsidized employment
6funded under this section to individuals who become ineligible for
7CalWORKs benefits in accordance with Section 11323.25.

8(g) Upon application for CalWORKs assistance after a
9participant’s subsidized employment ends, if an assistance unit is
10otherwise eligible within three calendar months of the date that
11subsidized employment ended, the income exemption requirements
12contained in Section 11451.5 and the work requirements contained
13in subdivision (c) of Section 11201 shall apply. If aid is restored
14after the expiration of that three-month period, the income
15exemption requirements contained in Section 11450.12 and the
16work requirements contained in subdivision (b) of Section 11201
17shall apply.

18(h) This section shall become operative on July 1, 2016.

19

SEC. 6.  

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

21

11461.3.  

(a) The Approved Relative Caregiver Funding Option
22Program is hereby established for the purpose of making the
23amount paid to approved relative caregivers for the in-home care
24of children placed with them who are ineligible for AFDC-FC
25payments equal to the amount paid on behalf of children who are
26eligible for AFDC-FC payments. This is an optional program for
27counties choosing to participate, and in so doing, participating
28counties agree to the terms of this section as a condition of their
29participation. It is the intent of the Legislature that the funding
30described in paragraph (1) of subdivision (g) for the Approved
31Relative Caregiver Funding Option Program be appropriated, and
32available for use from January through December of each year,
33unless otherwise specified.

34(b) Subject to subdivision (e), effective January 1, 2015,
35participating counties shall pay an approved relative caregiver a
36per child per month rate in return for the care and supervision, as
37defined in subdivision (b) of Section 11460, of a child that is placed
38with the relative caregiver that is equal to the basic rate paid to
39foster care providers pursuant to subdivision (g) of Section 11461,
40if both of the following conditions are met:

P18   1(1) The county with payment responsibility has notified the
2department in writing by October 1 of the year before participation
3begins of its decision to participate in the Approved Relative
4Caregiver Funding Option Program.

5(2) The related child placed in the home meets all of the
6following requirements:

7(A) The child resides in California.

8(B) The child is described by subdivision (b), (c), or (e) of
9Section 11401 and the county welfare department or the county
10probation department is responsible for the placement and care of
11the child.

12(C) The child is not eligible for AFDC-FC while placed with
13the approved relative caregiver because the child is not eligible
14for federal financial participation in the AFDC-FC payment.

15(c) Any income or benefits received by an eligible child or the
16approved relative caregiver on behalf of the eligible child that
17would be offset against the basic rate paid to a foster care provider
18pursuant to subdivision (g) of Section 11461, shall be offset from
19any funds that are not CalWORKs funds paid to the approved
20relative caregiver pursuant to this section.

21(d) Participating counties shall recoup an overpayment in the
22Approved Relative Caregiver Funding Option Program received
23by an approved relative caregiver using the standards and processes
24for overpayment recoupment that are applicable to overpayments
25to an approved home of a relative, as specified in Section 11466.24.
26Recouped overpayments shall not be subject to remittance to the
27federal government. Any overpaid funds that are collected by the
28participating counties shall be remitted to the state after subtracting
29both of the following:

30(1) An amount not to exceed the county share of the CalWORKs
31portion of the Approved Relative Caregiver Funding Option
32Program payment, if any.

33(2) Any other county funds that were included in the Approved
34Relative Caregiver Funding Option Program payment.

35(e) A county’s election to participate in the Approved Relative
36Caregiver Funding Option Program shall affirmatively indicate
37that the county understands and agrees to all of the following
38conditions:

39(1) Commencing October 1, 2014, the county shall notify the
40department in writing of its decision to participate in the Approved
P19   1Relative Caregiver Funding Option Program. Failure to make
2timely notification, without good cause as determined by the
3department, shall preclude the county from participating in the
4program for the upcoming calendar year. Annually thereafter, any
5county not already participating who elects to do so shall notify
6the department in writing no later than October 1 of its decision
7to participate for the upcoming calendar year.

8(2) The county shall confirm that it will make per child per
9month payments to all approved relative caregivers on behalf of
10eligible children in the amount specified in subdivision (b) for the
11duration of the participation of the county in this program.

12(3) The county shall confirm that it will be solely responsible
13to pay any additional costs needed to make all payments pursuant
14to subdivision (b) if the state and federal funds allocated to the
15Approved Relative Caregiver Funding Option Program pursuant
16to paragraph (1) ofbegin delete subdivision(g)end deletebegin insert subdivision (g)end insert are insufficient
17to make all eligible payments.

18(f) (1) A county deciding to opt out of the Approved Relative
19Caregiver Funding Option Program shall provide at least 120 days’
20prior written notice of that decision to the department. Additionally,
21the county shall provide at least 90 days’ prior written notice to
22the approved relative caregiver or caregivers informing them that
23his or her per child per month payment will be reduced and the
24date that the reduction will occur.

25(2) The department shall presume that all counties have opted
26out of the Approved Relative Caregiver Funding Option Program
27if the funding appropriated for the current 12-month period is
28reduced below the amount specified in subparagraph (B),
29subparagraph (C), or subparagraph (D) of paragraph (2) of
30subdivision (g) for that 12-month period, unless a county notifies
31the department in writing of its intent to opt in within 60 days of
32enactment of the State Budget. The counties shall provide at least
3390 days’ prior written notice to the approved relative caregiver or
34caregivers informing them that his or her per child per month
35payment will be reduced, and the date that reduction will occur.

36(3) Any reduction in payments received by an approved relative
37caregiver on behalf of a child under this section that results from
38a decision by a county, including the presumed opt-out pursuant
39to paragraph (2), to not participate in the Approved Relative
P20   1Caregiver Funding Option Program shall be exempt from state
2hearing jurisdiction under Section 10950.

3(g) (1) The following funding shall be used for the Approved
4Relative Caregiver Funding Option Program:

5(A) The applicable regional per-child CalWORKs grant, in
6accordance with subdivision (a) of Section 11253.4.

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

8(C) County funds only to the extent required under paragraph
9(3) of subdivision (e).

10(D) Funding described in subparagraphs (A) and (B) is intended
11to fully fund the base caseload of approved relative caregivers,
12which is defined as the number of approved relative caregivers
13caring for a child who is not eligible to receive AFDC-FC
14payments, as of July 1, 2014.

15(2) The following amount is hereby appropriated from the
16General Fund as follows:

17(A) The sum of fifteen million dollars ($15,000,000), for the
18period of January 1, 2015, to June 30, 2015, inclusive.

19(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
20there shall be appropriated an amount equal to the sum of all of
21the following:

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

24(ii) The amount necessary to increase or decrease the
25CalWORKs funding associated with the base caseload described
26in subparagraph (D) of paragraph (1) to reflect any change from
27the prior fiscal year in the applicable regional per-child CalWORKs
28grant described in subparagraph (A) of paragraph (1).

29(iii) The additional amount necessary to fully fund the base
30caseload described in subparagraph (D) of paragraph (1), reflective
31of the annual California Necessities Index increase to the basic
32rate paid to foster care providers.

33(C) For every 12-month period thereafter, commencing with
34the period of July 1, 2016, to June 30, 2017, inclusive, the sum of
35all of the following shall be appropriated for purposes of this
36 section:

37(i) The total General Fund amount provided pursuant to this
38paragraph for the previous 12-month period.

39(ii) The amount necessary to increase or decrease the
40CalWORKs funding associated with the base caseload described
P21   1in subparagraph (D) of paragraph (1) to reflect any change from
2the prior fiscal year in the applicable regional per-child CalWORKs
3grant described in subparagraph (A) of paragraph (1).

4(iii) The additional amount necessary to fully fund the base
5caseload described in subparagraph (D) of paragraph (1), reflective
6of the annual California Necessities Index increase to the basic
7rate paid to foster care providers.

8(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
9and clauses (ii) and (iii) of subparagraph (C), the total General
10Fund appropriation made pursuant to subparagraph (B) shall not
11be less than the greater of the following amounts:

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

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

15(3) To the extent that the appropriation made by subparagraph
16(A) of paragraph (2) is insufficient to fully fund the base caseload
17of approved relative caregivers as of July 1, 2014, as described in
18subparagraph (D) of paragraph (1), for the period of January 1,
192015, to June 30, 2015, inclusive, as jointly determined by the
20department and the County Welfare Directors’ Association and
21approved by the Department of Finance on or before October 1,
222015, the amount specified in subparagraph (A) of paragraph (2)
23shall be increased by the amount necessary to fully fund that base
24caseload.

25(4) Funds available pursuant to paragraph (2) shall be allocated
26to participating counties proportionate to the number of their
27approved relative caregiver placements, using a methodology and
28timing developed by the department, following consultation with
29county human services agencies and their representatives.

30(5) Notwithstanding subdivision (e), if in any fiscal year the
31entire amount of funding appropriated by the state for the Approved
32Relative Caregiver Funding Option Program has not been fully
33allocated to or utilized by participating counties, a participating
34county that has paid any funds pursuant to subparagraph (C) of
35paragraph (1) of subdivision (g) may request reimbursement for
36those funds from the department. The authority of the department
37to approve the requests shall be limited by the amount of available
38unallocated funds.

39(h) An approved relative caregiver receiving payments on behalf
40of a child pursuant to this section shall not be eligible to receive
P22   1additional CalWORKs payments on behalf of the same child under
2Section 11450.

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

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

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

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

38(2) Whether the payment of support by the parent will pose a
39barrier to the proposed reunification in that the payment of support
P23   1will compromise the parent’s current or future ability to meet the
2financial needs of the child.

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

8

SEC. 7.  

(a) To the extent that this act has an overall effect of
9increasing the costs already borne by a local agency for programs
10or levels of service mandated by the 2011 Realignment Legislation,
11Section 36 of Article XIII of the California Constitution shall
12govern this act’s application to local agencies and the state’s
13funding of those programs or levels of service.

14(b) However, if the Commission on State Mandates determines
15that this act contains other costs mandated by the state for programs
16or levels of service not described in subdivision (a), reimbursement
17to local agencies and school districts for those costs shall be made
18 pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.

20

SEC. 8.  

There is hereby appropriated seven hundred five
21thousand dollars ($705,000) from the General Fund to the
22Department of Rehabilitation for encumbrance or expenditure until
23June 30, 2017. Notwithstanding subdivision (b) of Section 19806
24of the Welfare and Institutions Code, these funds shall be allocated
25to those independent living centers that have been both established
26and maintained using federal funding under Part C of Chapter 1
27of Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C.
28Sec. 796f et seq.), as amended, as their primary base grant, as
29determined by the Department of Rehabilitation.

30

SEC. 9.  

This act is a bill providing for appropriations related
31to the Budget Bill within the meaning of subdivision (e) of Section
3212 of Article IV of the California Constitution, has been identified
33as related to the budget in the Budget Bill, and shall take effect
34immediately.



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