BILL ANALYSIS                                                                                                                                                                                                    




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          |SENATE RULES COMMITTEE            |                         SB 79|
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                                 UNFINISHED BUSINESS


          Bill No:  SB 79
          Author:   Committee on Budget and Fiscal Review  
          Amended:  6/17/15  
          Vote:     21  

          SENATE FLOOR:  Not relevant

          ASSMBLY FLOOR:  Not available

           SUBJECT:   Human services


          SOURCE:    Author
          
          DIGEST:  This bill is the omnibus human services trailer bill.  
          This bill provides for statutory changes necessary to enact  
          human services-related provisions of the Budget Act of 2015.

          Assembly Amendments delete the Senate version of the bill and  
          insert the current language.

          ANALYSIS:   This bill makes the following statutory changes to  
          implement the 2015-16 Budget Act:


          Federal immigration assistance. Effective January 1, 2016, and  
          subject to annual funding in the Budget Act, the Department of  
          Social Services (DSS) must contract with qualified nonprofit  
          legal services organizations to provide application assistance  
          to persons residing in California who are eligible for, or to  
          renew, Deferred Action for Childhood Arrivals (DACA) or Deferred  
          Action for Parents of Americans and Lawful Permanent Residents  
          (DAPA) status. Specifically, the language: 

          1) Requires DSS to provide grants to qualified non-profit  








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             organizations who meet the definition of the Internal Revenue  
             Service 501(c)(3) and 501(c)(5). 

          2) Specifies the types of services that a nonprofit organization  
             may provide, including:

              a)    Services to assist with the application process for  
                initial or renewal of deferred action under the DACA  
                policy or the DAPA policy; 

              b)    Services to provide legal training and technical  
                assistance to eligible non-profits;

              c)    Services to help obtain other immigration remedies for  
                people receiving DACA or DAPA application assistance; and

              d)    Services to assistance with naturalization or appeals  
                that arise from the process.

          3) Defines the services that can be provided that assist the  
             application process to include: outreach, workshop  
             presentations, document review, Freedom of Information Act  
             requests, and screening services to assist individuals with  
             DACA, DAPA, naturalization, or other immigration remedies.

          4) Defines "legal training and assistance" to include webinars,  
             in-person trainings, and technical assistance in the form of  
             answering questions via email, fax, or phone. 

          5) Requires that grants awarded must fulfill specified criteria,  
             including:

              a)    For nonprofits under 501(c)(3) or 501(c)(5) status,  
                have at least three years of experience handling  
                immigration cases; have conducted trainings on immigration  
                beyond staff persons; and are accredited by the Board of  
                Immigration Appeals under the U.S. Department of Justice's  
                Executive Office for Immigration Review, or be a Trust  
                Fund Program administered by the State Bar of California.

              b)    For a legal services organization that provides legal  
                training and technical assistance, have at least ten years  








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                of experience conducting immigration legal services and  
                receive funding by the Trust Fund Program administered by  
                the State Bar of California.

          6) Requires grant recipients maintain adequate legal malpractice  
             insurance.

          7) Requires DSS to report to the fiscal legislative committees  
             the following information: 

              a)    Implementation timeline;

              b)    Participating entities awarded contracts and grants;

              c)    Number of applications submitted;

              d)    Types of services provided and in what language;

              e)    Ethnic communities served; and

              f)    Identification of further barriers and challenges to  
                immigration assistance and legal services related to  
                naturalization and deferred action. 

          8) Limits the amount of grant funds available to be advanced to  
             a qualified nonprofit to 40 percent.

          9) Requires DSS, subject to available Budget Act funding,  
             provide grants to organizations that provide free education  
             and outreach information, services, and materials. 

          10)Defines the terms "education" and "outreach" to include  
             referrals to educational or legal services that support an  
             applicant's eligibility for citizenship or deferred action,  
             and the importance of participating in civic engagement as a  
             naturalized citizen. Education and outreach activities are  
             prohibited from including representation as legal counsel  
             that assists in the application process. 

          CalWORKs. This bill includes provisions pertaining to the  
          CalWORKs program, including: 









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          11)Housing Support Program (HSP). SB 855 (Budget and Fiscal  
             Review, Chapter 29, Statutes of 2014) established the  
             CalWORKs HSP and provides $20 million ($12 million General  
             Fund) ongoing to specified counties to provide evidence-based  
             interventions to families receiving CalWORKs who are at risk  
             for homelessness, or are homeless. Services could include  
             landlord outreach, housing search and placement, legal  
             services, and housing barrier assessment. Trailer bill  
             language:

              a)    Requires DSS to award funds, according to criteria  
                developed by the department in consultation with the  
                County Welfare Directors Association, to provide CalWORKs  
                housing support to recipients who are experiencing  
                homelessness or housing instability. 

              b)    Authorizes counties to continue providing housing  
                support under the CalWORKs HSP to a recipient who may no  
                longer be income eligible for CalWORKs. 

              c)    Makes other technical, non-substantive changes.

          1) Child support pass-through for long-term sanction cases.  
             Federal law prohibits the Department of Child Support  
             Services from passing collected child support through to the  
             state on behalf of non-Temporary Assistance to Needy Families  
             (TANF) families and requires payments be made directly to the  
             family. In contrast, state law requires families to assign  
             support rights and requires counties to refer families on  
             CalWORKs to the Local Child Support Agencies. This bill  
             resolves the federal and state law conflicts, and exempts  
             long-term sanction cases from assigning their child and  
             spousal support rights to the state/county. Funding for these  
             cases is switched to non-maintenance of effort General Fund,  
             so these cases will no longer assign their child support to  
             the state. 

          2) Mid-year reporting requirement. Previous law requires a  
             CalWORKs recipient to report a drug felony conviction, as  
             specified, within 10 days. SB 855 (Budget and Fiscal Review,  
             Chapter 29, Statutes of 2014) made eligible adults who were  
             previously ineligible for benefits due to a prior felony drug  








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             conviction, effective April 1, 2015. AB 106 deletes an  
             outdated mid-period reporting requirement that is no longer  
             applicable. 

          Community Care Licensing (CCL). This bill amends the CCL  
          division within DSS' existing inspection frequency, by certain  
          facility type. Specifically, language increases the inspection  
          frequency from the current level of at least once every five  
          years, to once every three years for child care facilities; once  
          every two years for children's residential facilities; and  
          annual inspections for adult and senior care facilities. The  
          table compares existing law to the proposed inspection  
          requirements, by facility type and over time. 


           ----------------------------------------------------------------- 
          |                |        |                                       |
          |Facility Type   |Existin |                                       |
          |                |g Law   |                                       |
          |                |        |                                       |
           ----------------------------------------------------------------- 
           ------------------------------------------------------------------ 
          |                |        |         |              |               |
          |                |        |Stage    |Stage 2:      |Stage 3:       |
          |                |        |1:       |              |               |
          |                |        |         |January 2018  |January 2019   |
          |                |        |January  |              |               |
          |                |        |2017     |              |               |
           ------------------------------------------------------------------ 
           ------------------------------------------------------------------ 
          |                | Inspections must occur at least once every. . . |
           ------------------------------------------------------------------ 
           ------------------------------------------------------------------ 
          | Child care     | 5      | 3 years | 3 years      | 3 years       |
          |  facilities    |  years |         |  (unchanged  |  (unchanged   |
          |                |        |         |  from stage  |  from stage   |
          |                |        |         |  1)          |  1)           |
           ------------------------------------------------------------------ 
          | Children's     | 5      | 3 years | 2 years      | 2 years       |
          |  residential   |  years |         |              |  (unchanged   |
          |  care          |        |         |              |  from stage   |
          |  facilities    |        |         |              |2)             |








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          |----------------+--------+---------+--------------+---------------|
          | Adult and      | 5      | 3 years | 2 years      | 1             |
          |  senior care   |  years |         |              |year           |
          |  facilities    |        |         |              |               |
           ------------------------------------------------------------------ 


          The CCL division will continue to conduct random inspections on  
          at least 30 percent of all facilities annually, as is current  
          practice.

          Child Welfare Services. This bill contains the following  
          provisions pertaining to child welfare services, including: 

          3) Approved Relative Caregiver (ARC) program. SB 855 (Budget and  
             Fiscal Review, Chapter 29, Statutes of 2014) established the  
             ARC Option Program and provided an ongoing annual  
             appropriation of $30 million General Fund, to be adjusted  
             annually by California Necessities Index (CNI). Under the ARC  
             program, relative caregivers receive an applicable regional  
             per-child CalWORKs grant, plus the General Fund portion in an  
             amount that provides a rate equal to the basic foster family  
             home rate (based on the age of the child). Participating  
             counties are provided General Fund, based on the a county's  
             number of eligible ARC placements in the county as of July 1,  
             2014. If the county-specific ARC caseload exceeds the  
             baseline caseload of July 1, 2014, the county must be  
             responsible for making the full ARC payments and responsible  
             for the county-share of the CalWORKs payment. The langauge  
             streamlines the application process for grant payments,  
             maximizes federal funding, and ensures that families do not  
             experience a break in services or payment. Specifically, the  
             language specifies:

              a)    Foster children and non-minor dependents (NMDs), who  
                are eligible to receive an ARC payment will be placed into  
                a separate assistance unit. 

              b)    The CalWORKs portion of the payment will be the exempt  
                maximum aid payment for an assistance unit of one.

              c)    If the relative caregiver is needy, his or her  








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                assistance unit size will include the number of ARC  
                children, or NMDs, only for pruposes of determining  
                program income and eligiblity of the CalWORKs assistance  
                unit. For purposes of calculating the grant amount for the  
                needy caregiver, the ARC child and NMD is excluded.

              d)    Foster care resource limits will be used to determine  
                eligiblity of an ARC child and NMD.

              e)    Overpayments will be collected pursuant to existing  
                foster care program requirements.

              f)    County of court jurisdiction has payment responsibliy  
                for ARC children and NMDs.

              g)    An approved relative caregiver is exempt from  
                Statewide Fingerprint Imaging Systems, reporting,  
                immunization, and other CalWORKs requirements.

              h)    The General Fund appropriation must be increased  
                annually by an amount greater than the CNI to ensure that  
                the caregiver payments get a full CNI adjustment.

              i)    The General Fund  portion of the ARC payment may be  
                countable towards maintenance-of-effort (MOE), only if the  
                General Fund is not counted as MOE for another purpose. 

              j)    DSS must presume that counties have opted-out of the  
                program if funding for the base period is reduced under  
                specified conditions, unless a county notifies DSS in  
                writing of its intent to opt-in within 60 days of the  
                enactment of the state budget. 

              aa)   In a circumstance whereby a county decides to no  
                longer participate in the ARC program, the county must  
                provide at least 90 days notice to the approved relative  
                caregiver(s) that the per child per month payment will be  
                reduced, and the date the reduction will occur.

          1) Intensive Treatment Foster Care (ITFC) rate extension. ITFC  
             offers an alternative, family-like setting for foster  
             children who would otherwise be placed in group homes Rate  








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             Classification Level (RCL) 9 through 11. SB 1013 (Budget and  
             Fiscal Review Committee, Chapter 35, Statutes of 2012)  
             authorized the Continuum of Care Reform (CCR) effort to  
             develop recommendations related to the state's current rate  
             setting system, and to services and programs that serve  
             children and families in the continuum of Aid to Families  
             with Dependent Children-Foster Care (AFDC-FC) eligible  
             placement settings. In addition, SB 1013 provided for an  
             interim increase in rates, including a CNI increase, intended  
             to ensure providers keep pace with the costs of providing  
             care, recruitment, and retaining qualified foster caregivers  
             for children needing intensive treatment in a home-based  
             setting. Trailer bill language that includes the following  
             provisions:

              a)    Extends, from June 30, 2015 to December 31, 2016, the  
                applicable interim period for specified modified service  
                and rate levels, which support modified in-home support  
                counselor hours per month, apply.

              b)    Extends, from June 30, 2015 to December 31, 2016, the  
                interim period for which specified modified serve and rate  
                levels, that support the modified standard rate schedule,  
                apply. 

              c)    Requires the rate for the modified standard rate be  
                adjusted for the CNI on July 1, 2015, and on July 1, 2016.

          Adult protective services. The department shall, to the extent  
          funding for this purpose remains with the department, establish  
          one full-time position which reports to the director to assist  
          counties with the following functions in their operation of the  
          adult protective services system
           
           1991 Realignment. AB 85 (Committee on Budget, Chapter 24,  
          Statutes of 2013) modified 1991 Realignment Local Revenue Fund  
          (LRF) distributions to capture and redirect county savings  
          resulting from the implementation of federal health care reform  
          effective January 1, 2014. AB 85 established the Family Support  
          Subaccount within the LRF beginning in 2013-14. The Family  
          Support Subaccount receives sales tax revenues redirected from  
          the Health Subaccount, which then redistributes the funds to  








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          counties for the CalWORKs program. While this redirection  
          mechanism frees up General Fund resources to pay for Medi-Cal  
          costs, according to the Administration, the process to achieve  
          this is significantly burdensome for the State Controller's  
          Office and the Department of Finance. The language eliminates  
          the need to redirect sales and use tax and vehicle license fee  
          revenues between the Health and Social Services Subaccounts and  
          makes other necessary technical and clarifying changes related  
          to AB 85.

          Other issues. This bill also includes additional provisions: 

          16)Data sharing agreements. Authorizes the Employment  
             Development Department to share data with federal, state, or  
             local government departments or agencies, or their contracted  
             agencies, to support social services administration.

          17)Suspension of the fingerprint licensing fee exemption.  
             Existing law prohibits the DSS and the Department of Justice  
             from charging a fee to process a criminal history check of  
             individuals who are licensed to operate child and adult  
             facilities, to provide care in a facility, or who reside at  
             that facility. This language authorizes allows DSS to charge  
             fees for this criminal history check and extends this  
             suspension for two additional years.

          18)Suspension of the incentives under the Department of Child  
             Support Services (DCSS). The language suspends health  
             insurance incentives and improved performance incentives. 

              a)    Existing law requires the DCSS to provide a health  
                insurance incentive ($50 per case) to the local child  
                support agency (LCSA) for obtaining third-party health  
                coverage, or insurance, for beneficiaries, if the budget  
                provides General Fund support for the incentive. Since  
                2003, these health insurance incentive payments to LCSAs  
                have been suspended. This language suspends the health  
                insurance incentive and the top 10 improved performance  
                incentive for two years. 

              b)    Existing law requires DCSS to provide to 10 counties,  
                which demonstrate the best performance on federal and  








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                state performance standards, an additional five percent of  
                the state's share of those counties collections used to  
                reduce or repay aid. Since 2002, these top 10 performance  
                incentive payments to LCSAs have been suspended. This  
                language suspends the top 10 improved performance  
                incentive for two years.

          19)Establishes new successor fund for the California Senior  
             Legislature (CSL). The California Fund for Senior Citizens  
             first appeared on the 1983 personal income tax return.  
             Donations to the California Fund for Senior Citizens supports  
             the ongoing work of the CSL. In 2014, the California Fund of  
             Senior Citizens received $229,522 in voluntary contributions.  
             Because it did not meet the minimum contribution amount of  
             $250,000, it fell off the tax check-off for the 2014 tax  
             return. Trailer bill language that establishes the CSL Fund  
             as the successor fund of the California Fund for Senior  
             Citizens.

          20)This bill appropriates $30 million for the Approved Relative  
             Caregiver Funding Option program to the Department of Social  
             Services.

          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified6/19/15)


          None received


          OPPOSITION:   (Verified6/19/15)


          None received
           


          Prepared by: Samantha Lui / B. & F.R. / (916) 651-4103
          6/19/15 9:28:36








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