Amended in Assembly June 10, 2016

Amended in Assembly May 25, 2016

Senate BillNo. 831


Introduced by Committee on Budget and Fiscal Review

January 7, 2016


begin deleteAn act relating to the Budget Act of 2016. end deletebegin insertAn act to amend Section 155 of the Code of Civil Procedure, and to amend Sections 11253.4, 11320.32, 11402, 11450.025, 11461.3, 11465, 12301.02, 15200, 16519.5, 17601.50, and 18910.1 of, to amend and repeal Sections 11322.63 and 11450.04 of, to amend, repeal, and add Sections 11320.15, 11322.64, 11323.25, and 11450 of, to add Sections 11253.45, 11322.83, 11461.4, 12201.06, 16501.9, and 18920 to, to add Article 6 (commencing with Section 16523) to Chapter 5 of Part 4 of Division 9 of, to add Chapter 17 (commencing with Section 18999) to Part 6 of Division 9 of, and to repeal Section 15200.15 of, the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 831, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2016. end deletebegin insertPublic social services omnibus.end insert

begin 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 insert
begin insert

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

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

end insert
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(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.

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Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the home of a relative is eligible for AFDC-FC only if he or she is eligible for federal financial participation in the AFDC-FC payment.

end insert
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Existing law establishes the Approved Relative Caregiver Funding Option Program, in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Under existing law, a child who is eligible for the Approved Relative Caregiver Funding Option Program is not subject to the requirements of CalWORKs, except as specified.

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

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

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

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

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(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.

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

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

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

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

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

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

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

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

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

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

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

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

end insert
begin insert

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

end insert
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(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 insert
begin insert

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

end insert
begin 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 insert
begin insert

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

end insert
begin 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 insert
begin insert

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

end insert
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(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 insert
begin insert

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

end insert
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(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 insert
begin insert

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

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

end insert
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(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 insert
begin insert

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

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

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

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

end insert
begin insert

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.

end insert
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(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 insert
begin insert

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

end insert
begin 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 insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.

end delete

Vote: 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:

P11   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 155 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
2amended to read:end insert

3

155.  

(a) begin insert(1)end insertbegin insertend 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
10necessary to enable a child to petition the United States Citizenship
11and Immigrationbegin delete Serviceend deletebegin insert Servicesend insert for classification as a special
12immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8
13of the United States Code.

begin insert

14
(2) The factual findings set forth in paragraph (1) of subdivision
15(b) may be made at any point in a proceeding regardless of the
16division of the superior court or type of proceeding if the
17prerequisites of that subdivision are met.

end insert

P12   1(b) (1) If an order is requested from the superior court making
2the necessary findings regarding special immigrant juvenile status
3pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
4Code, and there is evidence to support those findings, which may
5consistbegin insert solelyend insert of, but is not limited to, a declaration by the child
6who is the subject of the petition, the court shall issue the order,
7which shall include all of the following findings:

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

9(i) Declared a dependent of the court.

10(ii) Legally committed to, or placed under the custody of, a state
11agency or department, or an individual or entity appointed by the
12court. The court shall indicate the date on which the dependency,
13commitment, or custody was ordered.

14(B) That reunification of the child with one or both of the child’s
15parents was determined not to be viable because of abuse, neglect,
16abandonment, or a similar basis pursuant to California law. The
17court shall indicate the date on which reunification was determined
18not to be viable.

19(C) That it is not in the best interest of the child to be returned
20to the child’s, or his or her parent’s, previous country of nationality
21or country of last habitual residence.

22(2) begin deleteIf requested by a party, the end deletebegin insertThe superior end insertcourt may make
23additional findingsbegin insert under this sectionend insert that are supported by
24
begin delete evidence.end deletebegin insert evidence only if requested by a party. The asserted,
25purported, or perceived motivation of the child seeking
26classification as a special immigrant juvenile shall not be
27admissible in making the findings under this section. The court
28shall not include nor reference the asserted, purported, or
29perceived motivation of the child seeking classification as a special
30immigrant juvenile in the court’s findings under this section.end insert

31(c) In any judicial proceedings in response to a request that the
32superior court make the findings necessary to support a petition
33for classification as a special immigrant juvenile, information
34regarding the child’s immigration status that is not otherwise
35protected by state confidentiality laws shall remain confidential
36and shall be available for inspection only by the court, the child
37who is the subject of the proceeding, the parties, the attorneys for
38the parties, the child’s counsel, and the child’s guardian.

39(d) 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, records of the
2proceedings that are not otherwise protected by state confidentiality
3laws may be sealed using the procedure set forth in California
4Rules of Court 2.550 and 2.551.

5(e) The Judicial Council shall adopt any rules and forms needed
6to implement this section.

7begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 11253.4 of the end insertbegin insertWelfare and Institutions Codeend insert
8
begin insert is amended to read:end insert

9

11253.4.  

(a) (1) On and after January 1, 2015, a child eligible
10for the Approved Relative Caregiver Funding Option Program in
11accordance with Sectionbegin delete 11461.3,end deletebegin insert 11461.3end insert is not subject to the
12provisions of this chapter relating to CalWORKs, including, but
13not limited to, the provisions that relate to CalWORKs eligibility,
14welfare-to-work, time limits, or grant computation.

15(2) All of the following shall apply to a child specified in
16paragraph (1):

17(A) He or she shall receive the applicable regional CalWORKs
18grant for recipient in an assistance unit of one, pursuant to the
19exempt maximum aid payment set forth in Section 11450, and any
20changes to the CalWORKs grant amount shall apply to the grant
21described in this subparagraph.

22(B) Notwithstanding any other law, the CalWORKs grant of
23the child shall be paid by the county with payment responsibility
24as described in subdivision (b) of Section 11461.3, rather than the
25county of residence of the child, unless the child resides in the
26county with payment responsibility.

27(C) For an assistance unit described in subparagraph (A),
28eligibility shall be determined in accordance with paragraph (3)
29of subdivision (a) of Section 672 of Title 42 of the United States
30Code and state law implementing those requirements for the
31purposes of Article 5 (commencing with Section 11400).

begin insert

32
(D) (i) Article 7 (commencing with Section 11475.2), as
33modified by subdivisions (j) and (k) of Section 11461.3, shall apply
34to an assistance unit described in subparagraph (A).

end insert
begin insert

35
(ii) This subparagraph is intended by the Legislature to clarify
36existing law.

end insert

37(b) (1) Except as provided in paragraph (2), a person who is an
38approved relative caregiver with whom a child eligible in
39accordance with Section 11461.3 isbegin delete placed,end deletebegin insert placedend insert shall be exempt
P14   1from Chapter 4.6 (commencing with Section 10830) of Part 2
2governing the statewide fingerprint imaging system.

3(2) An approved relative caregiver who is also an applicant for
4or a recipient of benefits under this chapter shall comply with the
5statewide fingerprint 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 (2) of subdivision (a) shall be collected in
9accordance with subdivision (d) of Section 11461.3.

10(d) If an approved relative caregiver with whom a child eligible
11in accordance with Section 11461.3 is placed is also an applicant
12for or a recipient of benefits under thisbegin delete chapterend deletebegin insert chapter,end insert all of the
13following shall apply:

14(1) The applicant or recipient and each eligible child, excluding
15any child eligible in accordance with Section 11461.3, shall receive
16aid in an assistance unit separate from the assistance unit described
17in subparagraph (A) of paragraph (2) of subdivision (a), and the
18CalWORKs grant of the assistance unit shall be paid by the county
19of residence of the assistance unit.

20(2) For purposes of calculating the grant of the assistance unit,
21the number of eligible needy persons on which the grant is based
22pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
23not include any child eligible in accordance with Section 11461.3.

24(3) For purposes of calculating minimum basic standards of
25adequate care for the assistance unit, any child eligible in
26accordance with Section 11461.3 shall be included as an eligible
27needy person in the same family pursuant to paragraph (2) of
28subdivision (a) of Section 11452.

29(e) This section shall apply retroactively to a child eligible for
30the Approved Relative Caregiver Funding Option Program and
31his or her approved relative caregiver as of January 1, 2015.

32begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 11253.45 is added to the end insertbegin insertWelfare and
33Institutions Code
end insert
begin insert, end insertimmediately following Section 11253.4begin insert, to read:end insert

begin insert
34

begin insert11253.45.end insert  

(a) (1) A child to whom Section 309, 361.45, or
3516519.5 applies, and who is placed in the home of a relative who
36has been approved as a resource family pursuant to Section
3716519.5, shall receive a grant that equals the resource family basic
38rate at the child’s assessed level of care, as set forth in subdivision
39(g) of Section 11461 and Section 11463. If the child is determined
40eligible for aid, the total grant shall be comprised of the
P15   1CalWORKs grant plus an amount that, when combined with the
2CalWORKs grant, equals the resource family basic rate at the
3child’s assessed level of care.

4
(2) The non-CalWORKs portion of the grant provided in
5paragraph (1) shall be paid from funds separate from funds
6appropriated in the annual Budget Act and counties’ share of costs
7for the CalWORKs program.

8
(3) A child specified in paragraph (1) is not subject to the
9provisions of this chapter relating to CalWORKs, including, but
10not limited to, the provisions that relate to CalWORKs eligibility,
11welfare to work, child support enforcement, time limits, or grant
12computation.

13
(4) All of the following shall apply to a child specified in
14paragraph (1):

15
(A) He or she shall receive the applicable regional CalWORKs
16grant for a recipient in an assistance unit of one, pursuant to the
17exempt maximum aid payment set forth in Section 11450, and any
18changes to the CalWORKs grant amount shall apply to the grant
19described in this subparagraph.

20
(B) Notwithstanding any other law, the CalWORKs grant for
21the child shall be paid by the county with payment responsibility
22in accordance with paragraph (1) regardless of the county of
23residence of the child.

24
(C) For an assistance unit described in subparagraph (A),
25eligibility shall be determined in accordance with paragraph (3)
26of subdivision (a) of Section 672 of Title 42 of the United States
27Code and state law implementing those requirements for the
28purposes of Article 5 (commencing with Section 11400).

29
(b) (1) Except as provided in paragraph (2), a person applying
30for aid on behalf of a child described in paragraph (1) of
31subdivision (a), shall be exempt from Chapter 4.6 (commencing
32with Section 10830) of Part 2 governing the statewide fingerprint
33imaging system.

34
(2) A relative who is also an applicant for or a recipient of
35benefits under this chapter shall comply with the statewide
36fingerprint imaging system requirements.

37
(c) Notwithstanding Sections 11004 and 11004.1 or any other
38law, overpayments to an assistance unit described in subparagraph
39(A) of paragraph (4) of subdivision (a) shall be collected using
40the standards and processes for overpayment recoupment as
P16   1specified in Section 11466.24, and recouped overpayments shall
2not be subject to remittance to the federal government.

3
(d) If a relative with whom a child eligible in accordance with
4this section is placed is also an applicant for, or a recipient of,
5benefits under this chapter, all of the following shall apply:

6
(1) The applicant or recipient and each eligible child, excluding
7any child eligible in accordance with this section, shall receive
8aid in an assistance unit separate from the assistance unit
9described in subparagraph (A) of paragraph (4) of subdivision
10(a), and the CalWORKs grant of the assistance unit shall be paid
11by the county of residence of the assistance unit.

12
(2) For purposes of calculating the grant of the assistance unit,
13the number of eligible needy persons on which the grant is based
14pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
15not include any child eligible in accordance with this section.

16
(3) For purposes of calculating minimum basic standards of
17adequate care for the assistance unit, any child eligible in
18accordance with this section shall be included as an eligible needy
19person in the same family pursuant to paragraph (2) of subdivision
20(a) of Section 11452.

21
(e) This section shall apply only to a child under the jurisdiction
22of a county that has not opted into the Approved Relative Caregiver
23Funding Option pursuant to Section 11461.3.

24
(f) This section shall become operative on January 1, 2017.

end insert
25begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11320.15 of the end insertbegin insertWelfare and Institutions Codeend insert
26
begin insert is amended to read:end insert

27

11320.15.  

begin insert(a)end insertbegin insertend insertAfter a participant has been removed from the
28assistance unit under subdivision (a) of Section 11454, additional
29welfare-to-work services may be provided to the recipient, at the
30option of the county. If the county provides services to the recipient
31after the 48-month limit has been reached, the recipient shall
32participate in community service or subsidized employment, as
33described in Section 11322.63.

begin insert

34
(b) This section shall become inoperative on July 1, 2016, and,
35as of January 1, 2017, is repealed, unless a later enacted statute,
36that becomes operative on or before January 1, 2017, deletes or
37extends the dates on which it becomes inoperative and is repealed.

end insert
38begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 11320.15 is added to the end insertbegin insertWelfare and
39Institutions Code
end insert
begin insert, to read:end insert

begin insert
P17   1

begin insert11320.15.end insert  

(a) After a participant has been removed from the
2assistance unit under subdivision (a) of Section 11454, additional
3welfare-to-work services may be provided to the recipient, at the
4option of the county. If the county provides services to the recipient
5after the 48-month limit has been reached, the recipient shall
6participate in community service or subsidized employment, as
7described in Section 11322.64.

8
(b) This section shall become operative on July 1, 2016.

end insert
9begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 11320.32 of the end insertbegin insertWelfare and Institutions Codeend insert
10
begin insert is amended to read:end insert

11

11320.32.  

(a) The department shall administer a voluntary
12Temporary Assistance Program (TAP) for current and future
13CalWORKs recipients who meet the exemption criteria for work
14participation activities set forth in Sectionbegin delete 11320.3,end deletebegin insert 11320.3end insert and
15are not single parents who have a child under the age of one year.
16Temporary Assistance Program recipients shall be entitled to the
17same assistance payments and other benefits as recipients under
18the CalWORKs program. The purpose of this program is to provide
19cash assistance and other benefits to eligible families without any
20federal restrictions or requirements and without any adverse impact
21on recipients. The Temporary Assistance Program shall commence
22no later than October 1, 2016.

23(b) CalWORKs recipients who meet the exemption criteria for
24work participation activities set forth in subdivision (b) of Section
2511320.3, and are not single parents with a child underbegin delete the ageend deletebegin delete ofend delete
26begin delete one year,end deletebegin insert one year of age,end insert shall have the option of receiving grant
27payments, child care, and transportation services from the
28Temporary Assistance Program. The department shall notify all
29CalWORKs recipients and applicants meeting the exemption
30criteria specified in subdivision (b) of Section 11320.3, except for
31single parents with a child under the age of one year, of their option
32to receive benefits under the Temporary Assistance Program.
33Absent written indication that these recipients or applicants choose
34not to receive assistance from the Temporary Assistance Program,
35the department shall enroll CalWORKs recipients and applicants
36into the program. However, exempt volunteers shall remain in the
37CalWORKs program unless they affirmatively indicate, in writing,
38their interest in enrolling in the Temporary Assistance Program.
39A Temporary Assistance Program recipient who no longer meets
P18   1the exemption criteria set forth in Section 11320.3 shall be enrolled
2in the CalWORKs program.

3(c) Funding for grant payments, child care, transportation, and
4eligibility determination activities for families receiving benefits
5under the Temporary Assistance Program shall be funded with
6General Fund resources that do not count toward the state’s
7maintenance of effort requirements under clause (i) of subparagraph
8(B) of paragraph (7) of subdivision (a) of Section 609 of Title 42
9of the United States Code, up to the caseload level equivalent to
10the amount of funding provided for this purpose in the annual
11Budget Act.

12(d) It is the intent of the Legislature that recipients shall have
13and maintain access to the hardship exemption and the services
14necessary to begin and increase participation in welfare-to-work
15activities, regardless of their county of origin, and that the number
16of recipients exempt under subdivision (b) of Section 11320.3 not
17significantly increase due to factors other than changes in caseload
18characteristics. All relevant state law applicable to CalWORKs
19recipients shall also apply to families funded under this section.
20This section does not modify the criteria for exemption in Section
2111320.3.

22(e) To the extent that this section is inconsistent with federal
23regulations regarding implementation of the Deficit Reduction Act
24of 2005, the department may amend the funding structure for
25exempt families to ensure consistency with these regulations, not
26later than 30 days after providing written notification to the chair
27of the Joint Legislative Budget Committee and the chairs of the
28appropriate policy and fiscal committees of the Legislature.

begin insert

29
(f) This section shall become inoperative on June 30, 2016.

end insert
30begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 11322.63 of the end insertbegin insertWelfare and Institutions Codeend insert
31
begin insert is amended to read:end insert

32

11322.63.  

(a) For counties that implement a welfare-to-work
33plan that includes subsidized private sector or public sector
34employment activities, the State Department of Social Services
35shall pay the county 50 percent, less one hundred thirteen dollars
36($113), of the total wage costs of an employee for whom a wage
37subsidy is paid, subject to all of the following conditions:

38(1) (A) For participants receiving CalWORKs aid, the maximum
39state contribution of the total wage cost shall not exceed 100
P19   1percent of the computed grant for the assistance unit in the month
2prior to participation in subsidized employment.

3(B) For participants who have received aid in excess of the time
4limits provided in subdivision (a) of Section 11454, the maximum
5state contribution of the total wage cost shall not exceed 100
6percent of the computed grant for the assistance unit in the month
7prior to participation in subsidized employment.

8(C) In the case of an individual who participates in subsidized
9employment as a service provided by a county pursuant to Section
1011323.25, the maximum state contribution of the total wage cost
11shall not exceed 100 percent of the computed grant that the
12assistance unit received in the month prior to participation in the
13subsidized employment.

14(D) The maximum state contribution, as defined in this
15paragraph, shall remain in effect until the end of the subsidy period
16as specified in paragraph (2), including with respect to subsidized
17employment participants whose wage results in the assistance unit
18no longer receiving a CalWORKs grant.

19(E) State funding provided for total wage costs shall only be
20used to fund wage and nonwage costs of the county’s subsidized
21employment program.

22(2) State participation in the total wage costs pursuant to this
23section shall be limited to a maximum of six months of wage
24subsidies for each participant. If the county finds that a longer
25subsidy period is necessary in order to mutually benefit the
26employer and the participant, state participation in a subsidized
27wage may be offered for up to 12 months.

28(3) Eligibility for entry into subsidized employment funded
29under this section shall be limited to individuals who are not
30otherwise employed at the time of entry into the subsidized job,
31and who are current CalWORKs recipients, sanctioned individuals,
32or individuals described in Section 11320.15 who have exceeded
33the time limits specified in subdivision (a) of Section 11454. A
34county may continue to provide subsidized employment funded
35under this section to individuals who become ineligible for
36CalWORKs benefits in accordance with Section 11323.25.

37(b) Upon application for CalWORKs after a participant’s
38subsidized employment ends, if an assistance unit is otherwise
39eligible within three calendar months of the date that subsidized
40employment ended, the income exemption requirements contained
P20   1in Section 11451.5 and the work requirements contained in
2subdivision (c) of Section 11201 shall apply. If aid is restored after
3the expiration of that three-month period, the income exemption
4requirements contained in Section 11450.12 and the work
5requirements contained in subdivision (b) of Section 11201 shall
6apply.

7(c) The department, in conjunction with representatives of
8county welfare offices and their directors and the Legislative
9Analyst’s Office, shall assess the cost neutrality of the subsidized
10employment program pursuant to this section and make
11recommendations to the Legislature, if necessary, to ensure cost
12neutrality. The department shall testify regarding the cost neutrality
13of the subsidized employment program during the 2012-13 fiscal
14year legislative budget hearings.

15(d) No later than January 10, 2013, the State Department of
16Social Services shall submit a report to the Legislature on the
17outcomes of implementing this section that shall include, but need
18not be limited to, all of the following:

19(1) The number of CalWORKs recipients that entered subsidized
20employment.

21(2) The number of CalWORKs recipients who found
22nonsubsidized employment after the subsidy ends.

23(3) The earnings of the program participants before and after
24the subsidy.

25(4) The impact of this program on the state’s work participation
26rate.

27(e) Payment of the state’s share in total wage costs required by
28this section shall be made in addition to, and independent of, the
29county allocations made pursuant to Section 15204.2.

30(f) (1) A county that accepts additional funding for expanded
31subsidized employment for CalWORKs recipients in accordance
32with Section 11322.64 shall continue to expend no less than the
33aggregate amount of funding received by the county pursuant to
34Section 15204.2 that the county expended on subsidized
35employment pursuant to this section in the 2012-13 fiscal year.

36(2) This subdivision shall not apply for any fiscal year in which
37the total CalWORKs caseload is projected by the department to
38increase more than 5 percent of the total actual CalWORKs
39caseload in the 2012-13 fiscal year.

P21   1(g) For purposes of this section, “total wage costs” include the
2actual wage paid directly to the participant that is allowable under
3the Temporary Assistance for Needy Families program.

begin delete

4(h) This section shall become operative on October 1, 2013.

end delete
begin insert

5
(h) This section shall become inoperative on July 1, 2016, and,
6as of January 1, 2017, is repealed, unless a later enacted statute,
7that becomes operative on or before January 1, 2017, deletes or
8extends the dates on which it becomes inoperative and is repealed.

end insert
9begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 11322.64 of the end insertbegin insertWelfare and Institutions Codeend insert
10
begin insert is amended to read:end insert

11

11322.64.  

(a) (1) The department, in consultation with the
12County Welfare Directors Association of California, shall develop
13an allocation methodology to distribute additional funding for
14expanded subsidized employment programs for CalWORKs
15recipients.

16(2) Funds allocated pursuant to this section may be utilized to
17cover all expenditures related to the operational costs of the
18expanded subsidized employment program, including the cost of
19overseeing the program, developing work sites, and providing
20training to participants, as well as wage and nonwage costs.

21(3) The department, in consultation with the County Welfare
22Directors Association of California, shall determine the amount
23or proportion of funding allocated pursuant to this section that may
24be utilized for operational costs, consistent with the number of
25employment slots anticipated to be created and the funding
26provided.

27(b) Funds allocated for expanded subsidized employment shall
28be in addition to, and independent of, the county allocations made
29pursuant to Section 15204.2 and shall not be used by a county to
30fund subsidized employment pursuant to Section 11322.63.

31(c) Each county shall submit to the department a plan regarding
32how it intends to utilize the funds allocated pursuant to this section.

33(d) (1) Participation in subsidized employment pursuant to this
34section shall be limited to a maximum of six months for each
35participant.

36(2) Notwithstanding paragraph (1), a county may extend
37participation beyond the six-month limitation described in
38paragraph (1) for up to an additional three months at a time, to a
39maximum of no more than 12 total months. Extensions may be
40granted pursuant to this paragraph if the county determines that
P22   1the additional time will increase the likelihood of either of the
2following:

3(A) The participant obtaining unsubsidized employment with
4the participating employer.

5(B) The participant obtaining specific skills and experiences
6relevant for unsubsidized employment in a particular field.

7(e) A county may continue to provide subsidized employment
8funded under this section to individuals who become ineligible for
9CalWORKs benefits in accordance with Section 11323.25.

10(f) Upon application for CalWORKs assistance after a
11participant’s subsidized employment ends, if an assistance unit is
12otherwise eligible within three calendar months of the date that
13subsidized employment ended, the income exemption requirements
14contained in Section 11451.5 and the work requirements contained
15in subdivision (c) of Section 11201 shall apply. If aid is restored
16after the expiration of that three-month period, the income
17exemption requirements contained in Section 11450.12 and the
18work requirements contained in subdivision (b) of Section 11201
19shall apply.

20(g) No later than April 1, 2015, the State Department of Social
21Services shall submit at least the following information regarding
22implementation of this section to the Legislature:

23(1) The number of CalWORKs recipients that entered subsidized
24 employment.

25(2) The number of CalWORKs recipients who found
26nonsubsidized employment after the subsidy ends.

27(3) The earnings of the program participants before and after
28the subsidy.

29(4) The impact of this program on the state’s work participation
30rate.

begin insert

31
(h) This section shall become inoperative on July 1 2016, and,
32as of January 1, 2017, is repealed, unless a later enacted statute,
33that becomes operative on or before January 1, 2017, deletes or
34extends the dates on which it becomes inoperative and is repealed.

end insert
35begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 11322.64 is added to the end insertbegin insertWelfare and
36Institutions Code
end insert
begin insert, to read:end insert

begin insert
37

begin insert11322.64.end insert  

(a) (1) The department, in consultation with the
38County Welfare Directors Association of California, shall develop
39an allocation methodology to distribute additional funding for
40expanded subsidized employment programs for CalWORKs
P23   1recipients, or individuals described in Section 11320.15 who have
2exceeded the time limits specified in subdivision (a) of Section
311454.

4
(2) Funds allocated pursuant to this section may be utilized to
5cover all expenditures related to the operational costs of the
6expanded subsidized employment program, including the cost of
7overseeing the program, developing work sites, and providing
8training to participants, as well as wage and nonwage costs.

9
(3) The department, in consultation with the County Welfare
10Directors Association of California, shall determine the amount
11or proportion of funding allocated pursuant to this section that
12may be utilized for operational costs, consistent with the number
13of employment slots anticipated to be created and the funding
14provided.

15
(b) Funds allocated for expanded subsidized employment shall
16be in addition to, and independent of, the county allocations made
17pursuant to Section 15204.2.

18
(c) (1) A county that accepts additional funding for expanded
19subsidized employment in accordance with this section shall
20continue to expend no less than the aggregate amount of funding
21received by the county pursuant to Section 15204.2 that the county
22expended on subsidized employment in the 2012-13 fiscal year
23pursuant to Section 11322.63, as that section read on June 30,
242016.

25
(2) This subdivision shall not apply for any fiscal year in which
26the total CalWORKs caseload is projected by the department to
27increase by more than 5 percent of the total actual CalWORKs
28caseload in the 2012-13 fiscal year.

29
(d) Each county shall submit to the department a plan regarding
30how it intends to utilize the funds allocated pursuant to this section.

31
(e) (1) Participation in subsidized employment pursuant to this
32section shall be limited to a maximum of six months for each
33participant.

34
(2) Notwithstanding paragraph (1), a county may extend
35participation beyond the six-month limitation described in
36paragraph (1) for up to an additional three months at a time, to a
37 maximum of no more than 12 total months. Extensions may be
38granted pursuant to this paragraph if the county determines that
39the additional time will increase the likelihood of either of the
40following:

P24   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) No later than April 1, 2015, the State Department of Social
19Services shall submit at least the following information regarding
20implementation of this section to the Legislature:

21
(1) The number of CalWORKs recipients that entered subsidized
22employment.

23
(2) The number of CalWORKs recipients who found
24nonsubsidized employment after the subsidy ends.

25
(3) The earnings of the program participants before and after
26the subsidy.

27
(4) The impact of this program on the state’s work participation
28rate.

29
(i) This section shall become operative on July 1, 2016.

end insert
30begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 11322.83 is added to the end insertbegin insertWelfare and
31Institutions Code
end insert
begin insert, end insertimmediately following Section 11322.8begin insert, to read:end insert

begin insert
32

begin insert11322.83.end insert  

(a) A recipient who is making satisfactory progress
33in a career pathway program established in accordance with the
34federal Workforce Innovation and Opportunity Act (Public Law
35113-128) shall be deemed to be in compliance with the hourly
36participation requirements described in subdivision (a) of Section
3711322.8.

38
(b) Subdivision (a) applies only if a local workforce development
39board established under Section 3122 of Title 29 of the United
40States Code provides its approval that the career pathway program
P25   1meets the requirements of Section 3102(7) of Title 29 of the United
2States Code and the county verifies that the recipient is making
3satisfactory progress in that program.

end insert
4begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 11323.25 of the end insertbegin insertWelfare and Institutions Codeend insert
5
begin insert is amended to read:end insert

6

11323.25.  

begin insert(a)end insertbegin insertend insert In addition to its authority under subdivision
7(b) of Section 11323.2, if provided in a county plan, the county
8may continue to provide welfare-to-work services to former
9participants who became ineligible for CalWORKs benefits
10because they became employed under Section 11322.63 or
1111322.64. The county may provide these services for up to the
12first 12 months of employment, to the extent they are not available
13from other sources and are needed for the individual to retain the
14subsidized employment.

begin insert

15
(b) This section shall become inoperative on July 1 2016, and,
16as of January 1, 2017, is repealed, unless a later enacted statute,
17that becomes operative on or before January 1, 2017, deletes or
18extends the dates on which it becomes inoperative and is repealed.

end insert
19begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 11323.25 is added to the end insertbegin insertWelfare and
20Institutions Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert11323.25.end insert  

(a) In addition to its authority under subdivision
22(b) of Section 11323.2, if provided in a county plan, the county
23may continue to provide welfare-to-work services to former
24participants who became ineligible for CalWORKs benefits because
25they became employed under Section 11322.64. The county may
26provide these services for up to the first 12 months of employment,
27to the extent they are not available from other sources and are
28needed for the individual to retain the subsidized employment.

29
(b) This section shall become operative on July 1, 2016.

end insert
30begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 11402 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
31as amended by Section 65 of Chapter 773 of the Statutes of 2015,
32is amended to read:end insert

33

11402.  

In order to be eligible for AFDC-FC, a child or
34nonminor dependent shall be placed in one of the following:

35(a) Prior to January 1, 2019, the approved home of a relative,
36provided the child or youth is otherwise eligible for federal
37financial participation in the AFDC-FC payment.

38(b) (1) Prior to January 1, 2019, the licensed family home of a
39nonrelative.

P26   1(2) Prior to January 1, 2019, the approved home of a nonrelative
2extended family member as described in Section 362.7.

3(c) The approved home of a resourcebegin delete familyend deletebegin insert family,end insert as defined
4in Sectionbegin delete 16519.5.end deletebegin insert 16519.5, if either of the following is true:end insert

begin insert

5
(1) The caregiver is a nonrelative.

end insert
begin insert

6
(2) The caregiver is a relative, and the child or youth is
7otherwise eligible for federal financial participation in the
8AFDC-FC payment.

end insert

9(d) A licensed group home, as defined in subdivision (h) of
10Section 11400, excluding a runaway and homeless youth shelter
11as defined in subdivision (ab) of Section 11400, provided that the
12placement worker has documented that the placement is necessary
13to meet the treatment needs of the child or youth and that the
14facility offers those treatment services.

15(e) The home of a nonrelated legal guardian or the home of a
16former nonrelated legal guardian when the guardianship of a child
17or youth who is otherwise eligible for AFDC-FC has been
18dismissed due to the child or youth attaining 18 years of age.

19(f) An exclusive-use home.

20(g) A housing model certified by a licensed transitional housing
21placement provider as described in Section 1559.110 of the Health
22and Safety Code and as defined in subdivision (r) of Section 11400.

23(h) An out-of-state group home, provided that the placement
24worker, in addition to complying with all other statutory
25requirements for placing a child or youth in an out-of-state group
26home, documents that the requirements of Section 7911.1 of the
27Family Code have been met.

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

31(j) This section shall remain in effect only until January 1, 2017,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2017, deletes or extends that date.

34begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 11402 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
35as added by Section 66 of Chapter 773 of the Statutes of 2015, is
36amended to read:end insert

37

11402.  

In order to be eligible for AFDC-FC, a child or
38nonminor dependent shall be placed in one of the following:

P27   1(a) Prior to January 1, 2019, the approved home of a relative,
2provided the child or youth is otherwise eligible for federal
3financial participation in the AFDC-FC payment.

4(b) (1) Prior to January 1, 2019, the home of a nonrelated legal
5guardian or the home of a former nonrelated legal guardian when
6the guardianship of a child or youth who is otherwise eligible for
7AFDC-FC has been dismissed due to the child or youth attaining
818 years of age.

9(2) Prior to January 1, 2019, the approved home of a nonrelative
10extended family member, as described in Section 362.7.

11(c) (1) Prior to January 1, 2019, the licensed family home of a
12nonrelative.

13(2) The approved home of a resource family, as defined in
14Sectionbegin delete 16519.5.end deletebegin insert 16519.5, if either of the following is true:end insert

begin insert

15
(A) The caregiver is a nonrelative.

end insert
begin insert

16
(B) The caregiver is a relative, and the child or youth is
17otherwise eligible for federal financial participation in the
18AFDC-FC payment.

end insert

19(d) (1) A housing model certified by a licensed transitional
20housing placement provider, as described in Section 1559.110 of
21the Health and Safety Code, and as defined in subdivision (r) of
22Section 11400.

23(2) An approved supervised independent living setting for
24nonminor dependents, as defined in subdivision (w) of Section
2511400.

26(e) A licensed foster family agency, as defined in subdivision
27(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
281502 of the Health and Safety Code, for placement into a certified
29or approved home.

30(f) A short-term residential treatment center licensed as a
31community care facility, as defined in subdivision (ad) of Section
3211400 and paragraph (18) of subdivision (a) of Section 1502 of
33the Health and Safety Code.

34(g) An out-of-state group home that meets the requirements of
35paragraph (2) of subdivision (c) of Section 11460, provided that
36the placement worker, in addition to complying with all other
37 statutory requirements for placing a child or youth in an out-of-state
38group home, documents that the requirements of Section 7911.1
39of the Family Code have been met.

P28   1(h) A community treatment facility set forth in Article 5
2(commencing with Section 4094) of Chapter 3 of Part 1 of Division
34.

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

5begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 11450 of the end insertbegin insertWelfare and Institutions Codeend insert
6
begin insert is amended to read:end insert

7

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
8which shall include all eligible brothers and sisters of each eligible
9applicant or recipient child and the parents of the children, but
10shall not include unborn children, or recipients of aid under Chapter
113 (commencing with Section 12000), qualified for aid under this
12chapter. In determining the amount of aid paid, and notwithstanding
13the minimum basic standards of adequate care specified in Section
1411452, the family’s income, exclusive of any amounts considered
15exempt as income or paid pursuant to subdivision (e) or Section
1611453.1, determined for the prospective semiannual period
17pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
18calculated pursuant to Section 11451.5, shall be deducted from
19the sum specified in the following table, as adjusted for
20cost-of-living increases pursuant to Section 11453 and paragraph
21(2). In no case shall the amount of aid paid for each month exceed
22the sum specified in the following table, as adjusted for
23cost-of-living increases pursuant to Section 11453 and paragraph
24(2), plus any special needs, as specified in subdivisions (c), (e),
25and (f):


26

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

 

P29   1(B) If, when, and during those times that the United States
2government increases or decreases its contributions in assistance
3of needy children in this state above or below the amount paid on
4July 1, 1972, the amounts specified in the above table shall be
5increased or decreased by an amount equal to that increase or
6decrease by the United States government, provided that no
7increase or decrease shall be subject to subsequent adjustment
8pursuant to Section 11453.

9(2) The sums specified in paragraph (1) shall not be adjusted
10for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
111994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
12October 31, 1998, nor shall that amount be included in the base
13for calculating any cost-of-living increases for any fiscal year
14thereafter. Elimination of the cost-of-living adjustment pursuant
15to this paragraph shall satisfy the requirements of Section 11453.05,
16and no further reduction shall be made pursuant to that section.

17(b) (1) When the family does not include a needy child qualified
18for aid under this chapter, aid shall be paid to a pregnant child who
19is 18 years of age or younger at any time after verification of
20pregnancy, in the amount that would otherwise be paid to one
21person, as specified in subdivision (a), if the child and her child,
22if born, would have qualified for aid under this chapter. Verification
23of pregnancy shall be required as a condition of eligibility for aid
24under this subdivision.

25(2) Notwithstanding paragraph (1), when the family does not
26include a needy child qualified for aid under this chapter, aid shall
27be paid to a pregnant woman for the month in which the birth is
28anticipated and for the six-month period immediately prior to the
29month in which the birth is anticipated, in the amount that would
30otherwise be paid to one person, as specified in subdivision (a), if
31the woman and child, if born, would have qualified for aid under
32this chapter. Verification of pregnancy shall be required as a
33condition of eligibility for aid under this subdivision.

34(3) Paragraph (1) shall apply only when the Cal-Learn Program
35is operative.

36(c) The amount of forty-seven dollars ($47) per month shall be
37paid to pregnant women qualified for aid under subdivision (a) or
38(b) to meet special needs resulting from pregnancy if the woman
39and child, if born, would have qualified for aid under this chapter.
40County welfare departments shall refer all recipients of aid under
P30   1this subdivision to a local provider of the Women, Infants, and
2Children program. If that payment to pregnant women qualified
3for aid under subdivision (a) is considered income under federal
4law in the first five months of pregnancy, payments under this
5subdivision shall not apply to persons eligible under subdivision
6(a), except for the month in which birth is anticipated and for the
7three-month period immediately prior to the month in which
8delivery is anticipated, if the woman and child, if born, would have
9qualified for aid under this chapter.

10(d) For children receiving AFDC-FC under this chapter, there
11shall be paid, exclusive of any amount considered exempt as
12income, an amount of aid each month that, when added to the
13child’s income, is equal to the rate specified in Section 11460,
1411461, 11462, 11462.1, or 11463. In addition, the child shall be
15eligible for special needs, as specified in departmental regulations.

16(e) In addition to the amounts payable under subdivision (a)
17and Section 11453.1, a family shall be entitled to receive an
18allowance for recurring special needs not common to a majority
19of recipients. These recurring special needs shall include, but not
20be limited to, special diets upon the recommendation of a physician
21for circumstances other than pregnancy, and unusual costs of
22transportation, laundry, housekeeping services, telephone, and
23utilities. The recurring special needs allowance for each family
24per month shall not exceed that amount resulting from multiplying
25the sum of ten dollars ($10) by the number of recipients in the
26family who are eligible for assistance.

27(f) After a family has used all available liquid resources, both
28exempt and nonexempt, in excess of one hundred dollars ($100),
29with the exception of funds deposited in a restricted account
30described in subdivision (a) of Section 11155.2, the family shall
31also be entitled to receive an allowance for nonrecurring special
32needs.

33(1) An allowance for nonrecurring special needs shall be granted
34for replacement of clothing and household equipment and for
35emergency housing needs other than those needs addressed by
36paragraph (2). These needs shall be caused by sudden and unusual
37circumstances beyond the control of the needy family. The
38department shall establish the allowance for each of the
39nonrecurring special needs items. The sum of all nonrecurring
P31   1special needs provided by this subdivision shall not exceed six
2hundred dollars ($600) per event.

3(2) (A) Homeless assistance is available to a homeless family
4seeking shelter when the family is eligible for aid under this
5chapter. Homeless assistance for temporary shelter is also available
6to homeless families that are apparently eligible for aid under this
7chapter. Apparent eligibility exists when evidence presented by
8the applicant, or that is otherwise available to the county welfare
9department, and the information provided on the application
10documents indicate that there would be eligibility for aid under
11this chapter if the evidence and information were verified.
12However, an alien applicant who does not provide verification of
13his or her eligible alien status, or a woman with no eligible children
14who does not provide medical verification of pregnancy, is not
15apparently eligible for purposes of this section.

16(B) A family is considered homeless, for the purpose of this
17section, when the family lacks a fixed and regular nighttime
18residence; or the family has a primary nighttime residence that is
19a supervised publicly or privately operated shelter designed to
20provide temporary living accommodations; or the family is residing
21in a public or private place not designed for, or ordinarily used as,
22a regular sleeping accommodation for human beings. A family is
23also considered homeless for the purpose of this section if the
24family has received a notice to pay rent or quit. The family shall
25demonstrate that the eviction is the result of a verified financial
26hardship as a result of extraordinary circumstances beyond their
27control, and not other lease or rental violations, and that the family
28is experiencing a financial crisis that could result in homelessness
29if preventative assistance is not provided.

begin delete

30 (A)

end delete

31begin insert(3) end insertbegin insertend insertbegin insert(A)end insert (i) A nonrecurring special needs benefit of sixty-five
32dollars ($65) a day shall be available to families of up to four
33members for the costs of temporary shelter, subject to the
34requirements of this paragraph. The fifth and additional members
35of the family shall each receive fifteen dollars ($15) per day, up
36to a daily maximum of one hundred twenty-five dollars ($125).
37County welfare departments may increase the daily amount
38available for temporary shelter as necessary to secure the additional
39bedspace needed by the family.

P32   1(ii) This special needs benefit shall be granted or denied
2immediately upon the family’s application for homeless assistance,
3and benefits shall be available for up to three working days. The
4county welfare department shall verify the family’s homelessness
5within the first three working days and if the family meets the
6criteria of questionable homelessness established by the
7department, the county welfare department shall refer the family
8to its early fraud prevention and detection unit, if the county has
9such a unit, for assistance in the verification of homelessness within
10this period.

11(iii) After homelessness has been verified, the three-day limit
12shall be extended for a period of time which, when added to the
13initial benefits provided, does not exceed a total of 16 calendar
14days. This extension of benefits shall be done in increments of one
15week and shall be based upon searching for permanent housing
16which shall be documented on a housing search form, good cause,
17or other circumstances defined by the department. Documentation
18of a housing search shall be required for the initial extension of
19benefits beyond the three-day limit and on a weekly basis thereafter
20as long as the family is receiving temporary shelter benefits. Good
21cause shall include, but is not limited to, situations in which the
22county welfare department has determined that the family, to the
23extent it is capable, has made a good faith but unsuccessful effort
24to secure permanent housing while receiving temporary shelter
25benefits.

26(B) (i) A nonrecurring special needs benefit for permanent
27housing assistance is available to pay for last month’s rent and
28security deposits when these payments are reasonable conditions
29of securing a residence, or to pay for up to two months of rent
30arrearages, when these payments are a reasonable condition of
31preventing eviction.

32(ii) The last month’s rent or monthly arrearage portion of the
33payment (I) shall not exceed 80 percent of the family’s total
34monthly household income without the value of CalFresh benefits
35or special needs benefit for a family of that size and (II) shall only
36be made to families that have found permanent housing costing
37no more than 80 percent of the family’s total monthly household
38income without the value of CalFresh benefits or special needs
39benefit for a family of that size.

P33   1(iii) However, if the county welfare department determines that
2a family intends to reside with individuals who will be sharing
3housing costs, the county welfare department shall, in appropriate
4circumstances, set aside the condition specified in subclause (II)
5of clause (ii).

6(C) The nonrecurring special needs benefit for permanent
7housing assistance is also available to cover the standard costs of
8deposits for utilities which are necessary for the health and safety
9of the family.

10(D) A payment for or denial of permanent housing assistance
11shall be issued no later than one working day from the time that a
12family presents evidence of the availability of permanent housing.
13If an applicant family provides evidence of the availability of
14permanent housing before the county welfare department has
15established eligibility for aid under this chapter, the county welfare
16department shall complete the eligibility determination so that the
17denial of or payment for permanent housing assistance is issued
18within one working day from the submission of evidence of the
19availability of permanent housing, unless the family has failed to
20provide all of the verification necessary to establish eligibility for
21aid under this chapter.

22(E) (i) Except as provided in clauses (ii) and (iii), eligibility
23for the temporary shelter assistance and the permanent housing
24assistance pursuant to this paragraph shall be limited to one period
25of up to 16 consecutive calendar days of temporary assistance and
26one payment of permanent assistance. Any family that includes a
27parent or nonparent caretaker relative living in the home who has
28previously received temporary or permanent homeless assistance
29at any time on behalf of an eligible child shall not be eligible for
30further homeless assistance. Any person who applies for homeless
31assistance benefits shall be informed that the temporary shelter
32benefit of up to 16 consecutive days is available only once in a
33lifetime, with certain exceptions, and that a break in the consecutive
34use of the benefit constitutes permanent exhaustion of the
35temporary benefit.

36(ii) A family that becomes homeless as a direct and primary
37result of a state or federally declared natural disaster shall be
38eligible for temporary and permanent homeless assistance.

39(iii) A family shall be eligible for temporary and permanent
40homeless assistance when homelessness is a direct result of
P34   1domestic violence by a spouse, partner, or roommate; physical or
2mental illness that is medically verified that shall not include a
3diagnosis of alcoholism, drug addiction, or psychological stress;
4begin delete or,end deletebegin insert orend insert the uninhabitability of the former residence caused by sudden
5and unusual circumstances beyond the control of the family
6including natural catastrophe, fire, or condemnation. These
7circumstances shall be verified by a third-party governmental or
8private health and human services agency, except that domestic
9violence may also be verified by a sworn statement by the victim,
10as provided under Section 11495.25. Homeless assistance payments
11based on these specific circumstances may not be received more
12often than once in any 12-month period. In addition, if the domestic
13violence is verified by a sworn statement by the victim, the
14homeless assistance payments shall be limited to two periods of
15not more than 16 consecutive calendar days of temporary assistance
16and two payments of permanent assistance. A county may require
17that a recipient of homeless assistance benefits who qualifies under
18this paragraph for a second time in a 24-month period participate
19in a homelessness avoidance case plan as a condition of eligibility
20for homeless assistance benefits. The county welfare department
21shall immediately inform recipients who verify domestic violence
22by a sworn statement of the availability of domestic violence
23counseling and services, and refer those recipients to services upon
24request.

25(iv) If a county requires a recipient who verifies domestic
26violence by a sworn statement to participate in a homelessness
27avoidance case plan pursuant to clause (iii), the plan shall include
28the provision of domestic violence services, if appropriate.

29(v) If a recipient seeking homeless assistance based on domestic
30violence pursuant to clause (iii) has previously received homeless
31avoidance services based on domestic violence, the county shall
32review whether services were offered to the recipient and consider
33what additional services would assist the recipient in leaving the
34domestic violence situation.

35(vi) The county welfare department shall report necessary data
36to the department through a statewide homeless assistance payment
37indicator system, as requested by the department, regarding all
38recipients of aid under this paragraph.

39(F) The county welfare departments, and all other entities
40participating in the costs of the CalWORKs program, have the
P35   1right in their share to any refunds resulting from payment of the
2permanent housing. However, if an emergency requires the family
3to move within the 12-month period specified in subparagraph
4(E), the family shall be allowed to use any refunds received from
5its deposits to meet the costs of moving to another residence.

6(G) Payments to providers for temporary shelter and permanent
7housing and utilities shall be made on behalf of families requesting
8these payments.

9(H) The daily amount for the temporary shelter special needs
10benefit for homeless assistance may be increased if authorized by
11the current year’s Budget Act by specifying a different daily
12allowance and appropriating the funds therefor.

13(I) No payment shall be made pursuant to this paragraph unless
14the provider of housing is a commercial establishment, shelter, or
15person in the business of renting properties who has a history of
16renting properties.

17(g) The department shall establish rules and regulations ensuring
18the uniform statewide application of this section.

19(h) The department shall notify all applicants and recipients of
20aid through the standardized application form that these benefits
21are available and shall provide an opportunity for recipients to
22apply for the funds quickly and efficiently.

23(i) (A) Except for the purposes of Section 15200, the amounts
24payable to recipients pursuant to Section 11453.1 shall not
25constitute part of the payment schedule set forth in subdivision
26(a).

27(B) The amounts payable to recipients pursuant to Section
2811453.1 shall not constitute income to recipients of aid under this
29section.

30(j) For children receiving Kin-GAP pursuant to Article 4.5
31(commencing with Section 11360) or Article 4.7 (commencing
32with Section 11385) there shall be paid, exclusive of any amount
33considered exempt as income, an amount of aid each month, which,
34when added to the child’s income, is equal to the rate specified in
35Sections 11364 and 11387.

36(k) (1) A county shall implement the semiannual reporting
37requirements in accordance with Chapter 501 of the Statutes of
382011 no later than October 1, 2013.

39(2) Upon completion of the implementation described in
40paragraph (1), each county shall provide a certificate to the director
P36   1certifying that semiannual reporting has been implemented in the
2county.

3(3) Upon filing the certificate described in paragraph (2), a
4county shall comply with the semiannual reporting provisions of
5this section.

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

begin insert

7
(m) This section shall remain in effect only until January 1,
82017, and as of that date is repealed, unless a later enacted statute,
9that is enacted before January 1, 2017, deletes or extends that
10date.

end insert
11begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 11450 is added to the end insertbegin insertWelfare and Institutions
12Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert11450.end insert  

(a) (1) (A) Aid shall be paid for each needy family,
14which shall include all eligible brothers and sisters of each eligible
15applicant or recipient child and the parents of the children, but
16shall not include unborn children, or recipients of aid under
17Chapter 3 (commencing with Section 12000), qualified for aid
18under this chapter. In determining the amount of aid paid, and
19notwithstanding the minimum basic standards of adequate care
20specified in Section 11452, the family’s income, exclusive of any
21amounts considered exempt as income or paid pursuant to
22subdivision (e) or Section 11453.1, determined for the prospective
23semiannual period pursuant to Sections 11265.1, 11265.2, and
2411265.3, and then calculated pursuant to Section 11451.5, shall
25be deducted from the sum specified in the following table, as
26adjusted for cost-of-living increases pursuant to Section 11453
27and paragraph (2). In no case shall the amount of aid paid for
28each month exceed the sum specified in the following table, as
29adjusted for cost-of-living increases pursuant to Section 11453
30and paragraph (2), plus any special needs, as specified in
31subdivisions (c), (e), and (f):


32

 

begin insert

 Number of
 eligible needy
 persons in
the same home

end insert
begin insert

Maximum
aid

end insert
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
P37  11

 

12
(B) If, when, and during those times that the United States
13government increases or decreases its contributions in assistance
14of needy children in this state above or below the amount paid on
15July 1, 1972, the amounts specified in the above table shall be
16increased or decreased by an amount equal to that increase or
17decrease by the United States government, provided that no
18increase or decrease shall be subject to subsequent adjustment
19pursuant to Section 11453.

20
(2) The sums specified in paragraph (1) shall not be adjusted
21for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
221994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and
23through October 31, 1998, nor shall that amount be included in
24the base for calculating any cost-of-living increases for any fiscal
25year thereafter. Elimination of the cost-of-living adjustment
26pursuant to this paragraph shall satisfy the requirements of Section
2711453.05, and no further reduction shall be made pursuant to that
28section.

29
(b) (1) When the family does not include a needy child qualified
30for aid under this chapter, aid shall be paid to a pregnant child
31who is 18 years of age or younger at any time after verification of
32pregnancy, in the amount that would otherwise be paid to one
33person, as specified in subdivision (a), if the child and her child,
34if born, would have qualified for aid under this chapter.
35Verification of pregnancy shall be required as a condition of
36eligibility for aid under this subdivision.

37
(2) Notwithstanding paragraph (1), when the family does not
38include a needy child qualified for aid under this chapter, aid shall
39be paid to a pregnant woman for the month in which the birth is
40anticipated and for the six-month period immediately prior to the
P38   1month in which the birth is anticipated, in the amount that would
2otherwise be paid to one person, as specified in subdivision (a),
3if the woman and child, if born, would have qualified for aid under
4this chapter. Verification of pregnancy shall be required as a
5condition of eligibility for aid under this subdivision.

6
(3) Paragraph (1) shall apply only when the Cal-Learn Program
7is operative.

8
(c) The amount of forty-seven dollars ($47) per month shall be
9paid to pregnant women qualified for aid under subdivision (a)
10or (b) to meet special needs resulting from pregnancy if the woman
11and child, if born, would have qualified for aid under this chapter.
12County welfare departments shall refer all recipients of aid under
13this subdivision to a local provider of the Women, Infants, and
14Children program. If that payment to pregnant women qualified
15for aid under subdivision (a) is considered income under federal
16law in the first five months of pregnancy, payments under this
17subdivision shall not apply to persons eligible under subdivision
18(a), except for the month in which birth is anticipated and for the
19three-month period immediately prior to the month in which
20delivery is anticipated, if the woman and child, if born, would have
21qualified for aid under this chapter.

22
(d) For children receiving AFDC-FC under this chapter, there
23shall be paid, exclusive of any amount considered exempt as
24income, an amount of aid each month that, when added to the
25child’s income, is equal to the rate specified in Section 11460,
2611461, 11462, 11462.1, or 11463. In addition, the child shall be
27eligible for special needs, as specified in departmental regulations.

28
(e) In addition to the amounts payable under subdivision (a)
29and Section 11453.1, a family shall be entitled to receive an
30allowance for recurring special needs not common to a majority
31of recipients. These recurring special needs shall include, but not
32be limited to, special diets upon the recommendation of a physician
33for circumstances other than pregnancy, and unusual costs of
34transportation, laundry, housekeeping services, telephone, and
35utilities. The recurring special needs allowance for each family
36per month shall not exceed that amount resulting from multiplying
37the sum of ten dollars ($10) by the number of recipients in the
38family who are eligible for assistance.

39
(f) After a family has used all available liquid resources, both
40exempt and nonexempt, in excess of one hundred dollars ($100),
P39   1with the exception of funds deposited in a restricted account
2described in subdivision (a) of Section 11155.2, the family shall
3also be entitled to receive an allowance for nonrecurring special
4needs.

5
(1) An allowance for nonrecurring special needs shall be
6granted for replacement of clothing and household equipment and
7for emergency housing needs other than those needs addressed by
8paragraph (2). These needs shall be caused by sudden and unusual
9circumstances beyond the control of the needy family. The
10department shall establish the allowance for each of the
11nonrecurring special needs items. The sum of all nonrecurring
12special needs provided by this subdivision shall not exceed six
13hundred dollars ($600) per event.

14
(2) (A) Homeless assistance is available to a homeless family
15seeking shelter when the family is eligible for aid under this
16chapter. Homeless assistance for temporary shelter is also
17available to homeless families that are apparently eligible for aid
18under this chapter. Apparent eligibility exists when evidence
19presented by the applicant, or that is otherwise available to the
20county welfare department, and the information provided on the
21application documents indicate that there would be eligibility for
22aid under this chapter if the evidence and information were
23verified. However, an alien applicant who does not provide
24verification of his or her eligible alien status, or a woman with no
25eligible children who does not provide medical verification of
26pregnancy, is not apparently eligible for purposes of this section.

27
(B) A family is considered homeless, for the purpose of this
28section, when the family lacks a fixed and regular nighttime
29residence; or the family has a primary nighttime residence that is
30a supervised publicly or privately operated shelter designed to
31provide temporary living accommodations; or the family is residing
32in a public or private place not designed for, or ordinarily used
33as, a regular sleeping accommodation for human beings. A family
34is also considered homeless for the purpose of this section if the
35family has received a notice to pay rent or quit. The family shall
36demonstrate that the eviction is the result of a verified financial
37hardship as a result of extraordinary circumstances beyond their
38control, and not other lease or rental violations, and that the family
39is experiencing a financial crisis that could result in homelessness
40if preventative assistance is not provided.

P40   1
(3)  (A) (i) A nonrecurring special needs benefit of sixty-five
2dollars ($65) a day shall be available to families of up to four
3members for the costs of temporary shelter, subject to the
4requirements of this paragraph. The fifth and additional members
5of the family shall each receive fifteen dollars ($15) per day, up
6to a daily maximum of one hundred twenty-five dollars ($125).
7County welfare departments may increase the daily amount
8available for temporary shelter as necessary to secure the
9additional bedspace needed by the family.

10
(ii) This special needs benefit shall be granted or denied
11immediately upon the family’s application for homeless assistance,
12and benefits shall be available for up to three working days. The
13county welfare department shall verify the family’s homelessness
14within the first three working days and if the family meets the
15criteria of questionable homelessness established by the
16department, the county welfare department shall refer the family
17to its early fraud prevention and detection unit, if the county has
18such a unit, for assistance in the verification of homelessness within
19this period.

20
(iii) After homelessness has been verified, the three-day limit
21shall be extended for a period of time which, when added to the
22initial benefits provided, does not exceed a total of 16 calendar
23days. This extension of benefits shall be done in increments of one
24week and shall be based upon searching for permanent housing
25which shall be documented on a housing search form, good cause,
26or other circumstances defined by the department. Documentation
27of a housing search shall be required for the initial extension of
28benefits beyond the three-day limit and on a weekly basis thereafter
29as long as the family is receiving temporary shelter benefits. Good
30cause shall include, but is not limited to, situations in which the
31county welfare department has determined that the family, to the
32extent it is capable, has made a good faith but unsuccessful effort
33to secure permanent housing while receiving temporary shelter
34benefits.

35
(B) (i) A nonrecurring special needs benefit for permanent
36housing assistance is available to pay for last month’s rent and
37security deposits when these payments are reasonable conditions
38of securing a residence, or to pay for up to two months of rent
39arrearages, when these payments are a reasonable condition of
40preventing eviction.

P41   1
(ii) The last month’s rent or monthly arrearage portion of the
2payment (I) shall not exceed 80 percent of the family’s total
3monthly household income without the value of CalFresh benefits
4or special needs benefit for a family of that size and (II) shall only
5be made to families that have found permanent housing costing
6no more than 80 percent of the family’s total monthly household
7income without the value of CalFresh benefits or special needs
8benefit for a family of that size.

9
(iii) However, if the county welfare department determines that
10a family intends to reside with individuals who will be sharing
11housing costs, the county welfare department shall, in appropriate
12circumstances, set aside the condition specified in subclause (II)
13of clause (ii).

14
(C) The nonrecurring special needs benefit for permanent
15housing assistance is also available to cover the standard costs
16of deposits for utilities which are necessary for the health and
17safety of the family.

18
(D) A payment for or denial of permanent housing assistance
19shall be issued no later than one working day from the time that
20a family presents evidence of the availability of permanent housing.
21If an applicant family provides evidence of the availability of
22permanent housing before the county welfare department has
23established eligibility for aid under this chapter, the county welfare
24department shall complete the eligibility determination so that the
25denial of or payment for permanent housing assistance is issued
26within one working day from the submission of evidence of the
27availability of permanent housing, unless the family has failed to
28provide all of the verification necessary to establish eligibility for
29aid under this chapter.

30
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
31for the temporary shelter assistance and the permanent housing
32assistance pursuant to this paragraph shall be limited to one period
33of up to 16 consecutive calendar days of temporary assistance and
34one payment of permanent assistance every 12 months. A person
35who applies for homeless assistance benefits shall be informed
36that the temporary shelter benefit of up to 16 consecutive days is
37available only once every 12 months, with certain exceptions, and
38that a break in the consecutive use of the benefit constitutes
39exhaustion of the temporary benefit for that 12-month period.

P42   1
(ii) A family that becomes homeless as a direct and primary
2result of a state or federally declared natural disaster shall be
3eligible for temporary and permanent homeless assistance.

4
(iii) A family shall be eligible for temporary and permanent
5homeless assistance when homelessness is a direct result of
6domestic violence by a spouse, partner, or roommate; physical or
7mental illness that is medically verified that shall not include a
8diagnosis of alcoholism, drug addiction, or psychological stress;
9or, the uninhabitability of the former residence caused by sudden
10and unusual circumstances beyond the control of the family
11including natural catastrophe, fire, or condemnation. These
12circumstances shall be verified by a third-party governmental or
13private health and human services agency, except that domestic
14violence may also be verified by a sworn statement by the victim,
15as provided under Section 11495.25. Homeless assistance payments
16based on these specific circumstances may not be received more
17often than once in any 12-month period. In addition, if the domestic
18violence is verified by a sworn statement by the victim, the homeless
19assistance payments shall be limited to two periods of not more
20than 16 consecutive calendar days of temporary assistance and
21two payments of permanent assistance. A county may require that
22a recipient of homeless assistance benefits who qualifies under
23this paragraph for a second time in a 24-month period participate
24in a homelessness avoidance case plan as a condition of eligibility
25for homeless assistance benefits. The county welfare department
26shall immediately inform recipients who verify domestic violence
27by a sworn statement of the availability of domestic violence
28counseling and services, and refer those recipients to services
29upon request.

30
(iv) If a county requires a recipient who verifies domestic
31violence by a sworn statement to participate in a homelessness
32avoidance case plan pursuant to clause (iii), the plan shall include
33the provision of domestic violence services, if appropriate.

34
(v) If a recipient seeking homeless assistance based on domestic
35violence pursuant to clause (iii) has previously received homeless
36avoidance services based on domestic violence, the county shall
37review whether services were offered to the recipient and consider
38what additional services would assist the recipient in leaving the
39domestic violence situation.

P43   1
(vi) The county welfare department shall report necessary data
2to the department through a statewide homeless assistance payment
3indicator system, as requested by the department, regarding all
4recipients of aid under this paragraph.

5
(F) The county welfare departments, and all other entities
6participating in the costs of the CalWORKs program, have the
7right in their share to any refunds resulting from payment of the
8permanent housing. However, if an emergency requires the family
9to move within the 12-month period specified in subparagraph
10(E), the family shall be allowed to use any refunds received from
11its deposits to meet the costs of moving to another residence.

12
(G) Payments to providers for temporary shelter and permanent
13housing and utilities shall be made on behalf of families requesting
14these payments.

15
(H) The daily amount for the temporary shelter special needs
16benefit for homeless assistance may be increased if authorized by
17the current year’s Budget Act by specifying a different daily
18allowance and appropriating the funds therefor.

19
(I) No payment shall be made pursuant to this paragraph unless
20the provider of housing is a commercial establishment, shelter, or
21person in the business of renting properties who has a history of
22renting properties.

23
(g) The department shall establish rules and regulations
24ensuring the uniform statewide application of this section.

25
(h) The department shall notify all applicants and recipients of
26aid through the standardized application form that these benefits
27are available and shall provide an opportunity for recipients to
28apply for the funds quickly and efficiently.

29
(i) (A) Except for the purposes of Section 15200, the amounts
30payable to recipients pursuant to Section 11453.1 shall not
31constitute part of the payment schedule set forth in subdivision
32(a).

33
(B) The amounts payable to recipients pursuant to Section
3411453.1 shall not constitute income to recipients of aid under this
35section.

36
(j) For children receiving Kin-GAP pursuant to Article 4.5
37(commencing with Section 11360) or Article 4.7 (commencing with
38Section 11385) there shall be paid, exclusive of any amount
39considered exempt as income, an amount of aid each month, which,
P44   1when added to the child’s income, is equal to the rate specified in
2Sections 11364 and 11387.

3
(k) (1) A county shall implement the semiannual reporting
4requirements in accordance with Chapter 501 of the Statutes of
52011 no later than October 1, 2013.

6
(2) Upon completion of the implementation described in
7paragraph (1), each county shall provide a certificate to the
8director certifying that semiannual reporting has been implemented
9in the county.

10
(3) Upon filing the certificate described in paragraph (2), a
11county shall comply with the semiannual reporting provisions of
12this section.

13
(l) This section shall become operative on January 1, 2017.

end insert
14begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 11450.025 of the end insertbegin insertWelfare and Institutions
15Code
end insert
begin insert is amended to read:end insert

16

11450.025.  

(a) (1) Notwithstanding any other law, effective
17on March 1, 2014, the maximum aid payments in effect on July
181, 2012, as specified in subdivision (b) of Section 11450.02, shall
19be increased by 5 percent.

20(2) Effective April 1, 2015, the maximum aid payments in effect
21on July 1, 2014, as specified in paragraph (1), shall be increased
22by 5 percent.

begin insert

23
(3) Effective October 1, 2016, the maximum aid payments in
24effect on July 1, 2016, as specified in paragraph (2), shall be
25increased by 1.43 percent.

end insert
begin insert

26
(4) (A) Effective January 1, 2017, households eligible for aid
27under this chapter shall receive an increased aid payment
28consistent with the repeal of former Section 11450.04, as it read
29on January 1, 2016, known as the “maximum family grant rule.”

end insert
begin insert

30
(B) In recognition of the increased cost of aid payments resulting
31from that repeal, moneys deposited into the Child Poverty and
32Family Supplemental Support Subaccount shall be allocated to
33counties pursuant to Section 17601.50 as follows:

end insert
begin insert

34
(i) One hundred seven million forty-seven thousand dollars
35($107,047,000) for January 1, 2017, to June 30, 2017, inclusive.

end insert
begin insert

36
(ii) Two hundred twenty-three million four hundred fifty-four
37thousand dollars ($223,454,000) for the 2017-18 fiscal year and
38for every fiscal year thereafter.

end insert

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

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

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

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

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

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

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

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

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

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

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

30begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 11450.04 of the end insertbegin insertWelfare and Institutions Codeend insert
31
begin insert is amended to read:end insert

32

11450.04.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

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

end insert
16begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 11461.3 of the end insertbegin insertWelfare and Institutions Codeend insert
17
begin insert is amended to read:end insert

18

11461.3.  

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

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

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

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

5(A) The child resides in California.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

3
(l) Effective January 1, 2017, if a relative has been approved
4as a 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.

end insert
8begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 11461.4 is added to the end insertbegin insertWelfare and
9Institutions Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert11461.4.end insert  

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

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

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

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

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

31
(C) The child resides within California.

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

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

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

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

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

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

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

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

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

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

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

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

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

8
(3) The participating tribe shall provide the information
9specified in subparagraphs (A) and (B) of paragraph (2) at least
1060 days prior to the date the tribe will begin participating in the
11program.

12
(d) (1) In consultation with the participating tribe, the
13department shall determine the initial base caseload of the
14participating tribe, using the most recent available data provided
15by the tribe.

16
(2) The department shall determine the amount necessary to
17fund the base caseload of the participating tribe. The allocation
18methodology shall consider the tribal TANF rate of the
19participating tribe in effect on July 1, 2016.

20
(e) (1) A tribe electing to opt out of the program shall provide
21at least 120 days’ prior written notice of that election to the
22department and at least 90 days’ prior written notice to all
23approved relative caregivers to whom the tribe is making payments
24under the program. The notice to caregivers shall specify the date
25on which the per child per month payment will be reduced and the
26date the tribe’s participation in the program will cease.

27
(2) If the Legislature, for any given fiscal year, appropriates
28an amount less than that specified in paragraph (2) of subdivision
29(f), the department shall presume that all participating tribes have
30opted out of the program for that fiscal year unless a tribe notifies
31the department in writing of its intent to opt in within 60 days of
32the enactment of the annual Budget Act. A tribe that does not elect
33to continue participating in the program shall provide the notice
34to caregivers specified in paragraph (1).

35
(3) A tribe that has opted out of the program for any reason
36may resume participating in the program on July 1 of any year,
37upon providing the department with written notice on or before
38the preceding March 1 of its intent to resume participation.

39
(f) (1) (A) The following funding shall be used for the program:

P57   1
(i) The tribe’s applicable per-child tribal TANF grant at the
2MAP rate in effect on July 1, 2016.

3
(ii) General Fund resources, as specified in paragraph (2).

4
(iii) Tribal funds only to the extent required under subparagraph
5(D) of paragraph (2) of subdivision (c).

6
(B) Funding described in clauses (i) and (ii) of subparagraph
7(A) is intended to fully fund the base caseload of approved relative
8caregivers, which is defined as the number of approved relative
9caregivers caring for a child who is not eligible to receive
10AFDC-FC payments as of July 1, 2016.

11
(2) The following amounts are hereby appropriated from the
12General Fund:

13
(A) For the 2016-17 fiscal year, the sum sufficient to fund the
14initial base caseload, as determined in subdivision (d), for tribes
15eligible for participation as of July 1, 2016.

16
(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
17the sum of the following:

18
(i) The total General Fund amount appropriated for the
19purposes of this section for the previous fiscal year.

20
(ii) The additional amount necessary to fully fund the base
21caseload described in subparagraph (B) of paragraph (1),
22reflective of the annual California Necessities Index increase to
23the basic rate paid to foster care providers pursuant to subdivision
24(g) of Section 11461.

25
(3) Funds specified in paragraph (2) shall be allocated to
26participating tribes proportionate to their number of approved
27relative caregiver placements, using a methodology and timing
28developed by the department, following consultation with
29participating tribes.

30
(4) Notwithstanding subdivision (c), if in any fiscal year the
31entire amount of funding appropriated by the Legislature for the
32program has not been fully allocated to, or utilized by,
33participating tribes, a participating tribe that has paid any funds
34pursuant to subparagraph (D) of paragraph (2) of subdivision (c)
35may request reimbursement for those funds from the department.
36The authority of the department to approve the requests shall be
37limited by the amount of available unallocated funds.

38
(g) If more than two eligible tribes elect to participate in the
39program and, as a result, the appropriation made pursuant to
40subdivision (f) is insufficient to fully fund the base caseload of
P58   1approved relative caregivers, as jointly determined by the
2department and the participating tribes and approved by the
3Department of Finance, the amount specified in subdivision (f)
4shall be increased by the amount necessary to fully fund that base
5caseload.

6
(h) For the purposes of this section, the following definitions
7apply:

8
(1) “Basic foster care rate” means the monthly rate paid to
9foster care providers pursuant to subdivision (g) of Section 11461.

10
(2) “Program” means the Tribal Approved Relative Caregiver
11Funding Option Program established in this section.

12
(3) “Relative” means an adult who is related to the child by
13blood, adoption, or affinity within the fifth degree of kinship,
14including stepparents, stepsiblings, and all relatives whose status
15is preceded by the words “great,” “great-great,” or “grand,” or
16the spouse of any of these persons even if the marriage was
17terminated by death or dissolution, or as otherwise established
18consistent with the tribe’s Title IV-E agreement.

19
(4) “Tribe” means a federally-recognized Indian tribe,
20consortium of tribes, or tribal organization with an agreement
21pursuant to Section 10553.1.

end insert
22begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 11465 of the end insertbegin insertWelfare and Institutions Codeend insert
23
begin insert is amended to read:end insert

24

11465.  

(a) When a child is living with a parent who receives
25AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
26behalf of the parent shall include an amount for care and
27supervision of the child.

28(b) For each category of eligible licensed community care
29facility, as defined in Section 1502 of the Health and Safety Code,
30the department shall adopt regulations setting forth a uniform rate
31to cover the cost of care and supervision of the child in each
32category of eligible licensed community care facility.

33(c) (1) On and after July 1, 1998, the uniform rate to cover the
34cost of care and supervision of a child pursuant to this section shall
35be increased by 6 percent, rounded to the nearest dollar. The
36resultant amounts shall constitute the new uniform rate.

37(2) (A) On and after July 1, 1999, the uniform rate to cover the
38cost of care and supervision of a child pursuant to this section shall
39be adjusted by an amount equal to the California Necessities Index
40computed pursuant to Section 11453, rounded to the nearest dollar.
P59   1The resultant amounts shall constitute the new uniform rate, subject
2to further adjustment pursuant to subparagraph (B).

3(B) In addition to the adjustment specified in subparagraph (A),
4on and after January 1, 2000, the uniform rate to cover the cost of
5care and supervision of a child pursuant to this section shall be
6increased by 2.36 percent, rounded to the nearest dollar. The
7resultant amounts shall constitute the new uniform rate.

8(3) Subject to the availability of funds, for the 2000-01 fiscal
9year and annually thereafter, these rates shall be adjusted for cost
10of living pursuant to procedures in Section 11453.

11(4) On and after January 1, 2008, the uniform rate to cover the
12cost of care and supervision of a child pursuant to this section shall
13be increased by 5 percent, rounded to the nearest dollar. The
14resulting amount shall constitute the new uniform rate.

begin insert

15
(5) Commencing July 1, 2016, the uniform rate to cover the cost
16of care and supervision of a child pursuant to this section shall be
17supplemented by an additional monthly amount of four hundred
18eighty-nine dollars ($489). This monthly supplement shall only be
19provided if funding for this purpose is appropriated in the annual
20Budget Act.

end insert

21(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
22payment made pursuant to this section for care and supervision of
23a child who is living with a teen parent in a whole family foster
24home, as defined in Section 11400, shall equal the basic rate for
25children placed in a licensed or approved home as specified in
26subdivisions (a) to (d), inclusive, and subdivision (g), of Section
2711461.

28(2) (A) The amount paid for care and supervision of a dependent
29infant living with a dependent teen parent receiving AFDC-FC
30benefits in a group home placement shall equal the infant
31supplement rate for group home placements.

32(B) Commencing January 1, 2017, the amount paid for care and
33supervision of a dependent infant living with a dependent teenage
34parent receiving AFDC-FC benefits in a short-term residential
35treatment center shall equal the infant supplement rate for
36short-term residential treatment centers established by the
37department.

38(3) (A) The caregiver shall provide the county child welfare
39agency or probation department with a copy of the shared
40responsibility plan developed pursuant to Section 16501.25 and
P60   1shall advise the county child welfare agency or probation
2department of any subsequent changes to the plan. Once the plan
3has been completed and provided to the appropriate agencies, the
4payment made pursuant to this section shall be increased by an
5additional two hundred dollars ($200) per month to reflect the
6increased care and supervision while he or she is placed in the
7whole family foster home.

8(B) A nonminor dependent parent residing in a supervised
9independent living placement, as defined in subdivision (w) of
10Section 11400, who develops a written parenting support plan
11pursuant to Section 16501.26 shall provide the county child welfare
12agency or probation department with a copy of the plan and shall
13advise the county child welfare agency or probation department
14of any subsequent changes to the plan. The payment made pursuant
15to this section shall be increased by an additional two hundred
16dollars ($200) per month after all of the following have been
17satisfied:

18(i) The plan has been completed and provided to the appropriate
19county agency.

20(ii) The plan has been approved by the appropriate county
21agency.

22(iii) The county agency has determined that the identified
23responsible adult meets the criteria specified in Section 16501.27.

24(4) In a year in which the payment provided pursuant to this
25section is adjusted for the cost of living as provided in paragraph
26(1) of subdivision (c), the payments provided for in this subdivision
27shall also be increased by the same procedures.

28(5) A Kin-GAP relative who, immediately prior to entering the
29Kin-GAP program, was designated as a whole family foster home
30shall receive the same payment amounts for the care and
31supervision of a child who is living with a teen parent they received
32in foster care as a whole family foster home.

33(6) On and after January 1, 2012, the rate paid for a child living
34with a teen parent in a whole family foster home as defined in
35Section 11400 shall also be paid for a child living with a nonminor
36dependent parent who is eligible to receive AFDC-FC or Kin-GAP
37pursuant to Section 11403.

38begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 12201.06 is added to the end insertbegin insertWelfare and
39Institutions Code
end insert
begin insert, end insertimmediately following Section 12201.05begin insert, to
40read:end insert

begin insert
P61   1

begin insert12201.06.end insert  

Commencing January 1, 2017, the amount of aid
2paid pursuant to this article, in effect on December 31, 2016, less
3the federal benefit portion received under Part A of Title XVI of
4the federal Social Security Act, shall be increased by 2.76 percent.

end insert
5begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 12301.02 of the end insertbegin insertWelfare and Institutions Codeend insert
6
begin insert is amended to read:end insert

7

12301.02.  

(a) (1) Notwithstanding any other law, except as
8provided inbegin delete subdivision (c),end deletebegin insert subdivisions (c) and (e),end insert the department
9shall implement abegin delete 7 percentend deletebegin insert 7-percentend insert reduction in hours of service
10to each recipient of services under this article, which shall be
11applied to the recipient’s hours as authorized pursuant to the most
12recent assessment. This reduction shall become effective 12 months
13after the implementation of the reduction set forth in Section
1412301.01. The reduction required by this section shall not preclude
15any reassessment to which a recipient would otherwise be entitled.
16However, hours authorized pursuant to a reassessment shall be
17subject to thebegin delete 7 percentend deletebegin insert 7-percentend insert reduction required by this section.

18(2) A request for reassessment based only on the reduction
19required in paragraph (1) may be administratively denied by the
20county.

21(3) A recipient of services under this article may direct the
22manner in which the reduction of hours is applied to the recipient’s
23previously authorized services.

24(4) For those individuals who have a documented unmet need,
25excluding protective supervision because of the limitations on
26authorized hours under Section 12303.4, the reduction shall be
27taken first from the documented unmet need.

28(b) The notice of action informing the recipient of the reduction
29pursuant to subdivision (a) shall be mailed at least 20 days prior
30to the reduction going into effect. The notice of action shall be
31understandable to the recipient and translated into all languages
32spoken by a substantial number of the public served by the
33In-Home Supportive Services program, in accordance with Section
347295.2 of the Government Code. The notice shall not contain any
35recipient financial or confidential identifying information other
36than the recipient’s name, address, and Case Management
37Information and Payroll System (CMIPS) client identification
38number, and shall include, but not be limited to, all of the following
39information:

P62   1(1) The aggregate number of authorized hours before the
2reduction pursuant to subdivision (a) and the aggregate number of
3authorized hours after the reduction.

4(2) That the recipient may direct the manner in which the
5reduction of authorized hours is applied to the recipient’s
6previously authorized services.

7(3) A county shall assess a recipient’s need for supportive
8services any time that the recipient notifies the county of a need
9to adjust the supportive services hours authorized, or when there
10are other indications or expectations of a change in circumstances
11affecting the recipient’s need for supportive services. Counties
12shall not require recipients to submit a medical certification form
13or a doctor’s note to show evidence of a change in the recipient’s
14circumstances.

15(c) A recipient shall have all appeal rights otherwise provided
16for under Chapter 7 (commencing with Section 10950) of Part 2.

17(d) The reduction specified in paragraph (1) of subdivision (a)
18shall be ongoing and may be adjusted pursuant to Section 12301.03.

begin insert

19
(e) (1) The reduction specified in paragraph (1) of subdivision
20(a) shall be suspended until July 1, 2019, if the managed care
21organization provider tax imposed pursuant to Article 6.7
22(commencing with Section 14199.50) of Chapter 7 remains
23operative.

end insert
begin insert

24
(2) Notwithstanding paragraph (1), if the managed care
25organization provider tax imposed pursuant to Article 6.7
26(commencing with Section 14199.50) of Chapter 7 ceases to be
27operative for any reason, the reduction specified in paragraph (1)
28of subdivision (a) shall be reinstated effective no later than the
29first day of the first full month occurring 90 days after the date on
30which the managed care organization provider tax ceases to be
31operative.

end insert
begin insert

32
(3) Notwithstanding the Administrative Procedure Act (Chapter
333.5 (commencing with Section 11340) of Part 1 of Division 3 of
34Title 2 of the Government Code), the department may implement
35this subdivision through an all-county letter or similar instructions
36from the director until January 1, 2020.

end insert
37begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 15200 of the end insertbegin insertWelfare and Institutions Codeend insert
38
begin insert is amended to read:end insert

P63   1

15200.  

There is hereby appropriated out of any money in the
2State Treasury not otherwisebegin delete appropriated, and after deducting
3federal funds available,end delete
begin insert appropriatedend insert the following sums:

4(a) To each county for the support and maintenance of needy
5children,begin delete 95 percent ofend deletebegin delete the sums specified inend deletebegin delete subdivisionend deletebegin delete (a), andend delete
6
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
7sums specified in subdivisions (a), (e), and (f) of Section 11450,
8after subtracting all the following amounts:end insert

begin insert

9
(1) (A) Except as described in subparagraph (B), a 2.5-percent
10county share of cost.

end insert
begin insert

11
(B) If Section 1613 of Title 8 of the United States Code applies,
12a 5-percent county share of cost.

end insert
begin insert

13
(C) The county share described in this paragraph shall not
14apply to increases in maximum aid payments made in accordance
15with Section 11450.025.

end insert
begin insert

16
(2) Federal funds utilized for this purpose.

end insert
begin insert

17
(3) The amount allocated to each county from the Family
18Support Subaccount pursuant to Section 17601.75.

end insert
begin insert

19
(4) The amount allocated to each county from the Child Poverty
20and Family Supplemental Support Subaccount pursuant to Section
2117601.50.

end insert
begin insert

22
(5) The amount allocated to each county from the CalWORKs
23Maintenance of Effort Subaccount pursuant to Section 17601.25.

end insert

24(b) To each county for the support and maintenance of pregnant
25mothers,begin delete 95 percent ofend deletebegin delete theend deletebegin delete sumend deletebegin insert the sumsend insert specified in subdivisions
26(b) and (c) of Sectionbegin delete 11450.end deletebegin insert 11450 after subtracting all of the
27following amounts:end insert

begin insert

28
(1) (A) Except as described in subparagraph (B), a 2.5-percent
29county share of cost.

end insert
begin insert

30
(B) If Section 1613 of Title 8 of the United States Code applies,
31a 5-percent county share of cost.

end insert
begin insert

32
(C) The county share described in this paragraph shall not
33apply to increases in maximum aid payments made in accordance
34with Section 11450.025.

end insert
begin insert

35
(2) Federal funds utilized for this purpose.

end insert
begin insert

36
(3) The amount allocated to each county from the Family
37Support Subaccount pursuant to Section 17601.75.

end insert
begin insert

38
(4) The amount allocated to each county from the Child Poverty
39and Family Supplemental Support Subaccount pursuant to Section
4017601.50.

end insert
begin insert

P64   1
(5) The amount allocated to each county from the CalWORKs
2Maintenance of Effort Subaccount pursuant to Section 17601.25.

end insert

3(c) begin deleteFor end deletebegin insertAfter deducting federal funds available for end insertthe adequate
4care of each child pursuant to subdivision (d) of Section 11450,
5as follows:

6(1) Prior to the 2011-12 fiscal year, an amount equal to 40
7percent of the sum necessary for the adequate care of each child.

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

13(d) (1) Prior to the 2011-12 fiscal year for each county for the
14support and care of hard-to-place adoptive children,begin insert and after
15deducting federal funds available,end insert
75 percent of the nonfederal
16share of the amount specified in Section 16121.

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.

22begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 15200.15 of the end insertbegin insertWelfare and Institutions Codeend insert
23
begin insert is repealed.end insert

begin delete
24

15200.15.  

For purposes of Section 15200, any reference to
25paragraphs (1) and (2) of subdivision (e) of Section 11450 shall
26mean subdivisions (e) and (f) of Section 11450.

end delete
27begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 16501.9 is added to the end insertbegin insertWelfare and
28Institutions Code
end insert
begin insert, to read:end insert

begin insert
29

begin insert16501.9.end insert  

(a) (1) The Legislature hereby finds and declares
30the Child Welfare Services-New System (CWS-NS) is the most
31important system in the state for child welfare services staff to
32ensure the safety and well-being of California’s children. The State
33of California has embarked upon on an agile procurement of the
34CWS-NS.

35
(2) The Legislature further finds and declares that this approach
36requires significant engagement with the end user throughout the
37life of the system, including the county human services agencies
38and child welfare services and probation staff.

39
(b) (1) The State Department of Social Services and the Office
40of Systems Integration (OSI), in collaboration with the County
P65   1Welfare Directors Association (CWDA), shall seek resources to
2enable the necessary level of engagement by the counties in the
3CWS-NS agile development and maintenance process to prevent
4the disruption of services to families and children at risk. This
5shall include, but not be limited to, timely and expeditious execution
6of contracts and contract amendments for participation in this
7effort, effective monitoring and evaluation of the CWS-NS effort,
8and implementation of mitigation strategies for risks and issues
9arising in the procurement, development, implementation, or
10operation of digital services pursuant to this section.

11
(2) The department and OSI shall provide a voting seat on all
12governance bodies of the CWS-NS for a CWDA representative and
13shall support and provide necessary accommodation for the
14stationing of county representatives at the project site.

15
(3) The department and OSI shall continue to provide monthly
16updates to the Legislature and to stakeholders, including CWDA,
17regarding efforts to develop and implement the CWS-NS. The
18updates shall include, but not be limited to, (A) the vacancy rate,
19the duration of each vacant position and its classification, and the
20status of efforts to fill the position, (B) challenges with recruiting
21and retaining qualified staff and a description of efforts to resolve
22the issues, (C) challenges with procurement, including any delays,
23and a description of efforts to resolve the issues, (D) any issues
24or risks, including, but not limited to, pending state and federal
25approvals and impacts on county child welfare programs that may
26jeopardize the project’s completion or result in delays relative to
27the approved project schedule, budget, and scope, and (E) progress
28on the project, by digital service (module) along with a description
29of each digital service, and projected completion dates for any
30significant upcoming project milestones. Following the effective
31date of this section, a list of newly executed contracts, their
32purpose, and amounts shall be added to the monthly update.

33
(4) The department and OSI, in coordination with CWDA and
34the Department of Technology, shall convene a regularly scheduled
35quarterly forum to provide project updates to stakeholders and
36legislative staff. These forums shall include updates on (A) the
37progress of the CWS-NS development and implementation, (B)
38expenditures incurred to date, (C) significant issues and risks
39overcome in the last quarter and significant issues and risks
40presently being addressed, (D) upcoming project milestones and
P66   1significant events, (E) how the agile approach has affected the
2project’s overall cost and schedule, (F) how the Department of
3Technology’s approval and oversight processes are being applied
4to the agile implementation approach, and (G) how lessons learned
5from the agile implementation of the CWS-NS project can be
6leveraged by other state IT projects.

7
(c) The existing Child Welfare Services Case Management
8System (CWS/CMS) operations and functionality shall be
9maintained at a level at least commensurate with its December
102015 status and shall not be decommissioned prior to the full
11statewide implementation of the CWS-NS in all counties. Full
12statewide implementation is defined as after all existing CWS/CMS
13functionality has been replaced in CWS-NS and has been
14implemented in all 58 counties for a minimum of six months with
15no significant (noncosmetic) defects outstanding.

end insert
16begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 16519.5 of the end insertbegin insertWelfare and Institutions Codeend insert
17
begin insert is amended to read:end insert

18

16519.5.  

(a) The State Department of Social Services, in
19consultation with county child welfare agencies, foster parent
20associations, and other interested community parties, shall
21implement a unified, family friendly, and child-centered resource
22family approval process to replace the existing multiple processes
23for licensing foster family homes, approving relatives and
24nonrelative extended family members as foster care providers, and
25approving adoptive families.

26(b) (1) Counties shall be selected to participate on a voluntary
27basis as early implementation counties for the purpose of
28participating in the initial development of the approval process.
29Early implementation counties shall be selected according to
30criteria developed by the department in consultation with the
31County Welfare Directors Association. In selecting the five early
32implementation counties, the department shall promote diversity
33among the participating counties in terms of size and geographic
34location.

35(2) Additional counties may participate in the early
36implementation of the program upon authorization by the
37department.

38(c) (1) For the purposes of this chapter, “resource family” means
39an individual or couple that a participating county or foster family
40agency, as defined in subdivision (g) of Section 11400 of this code,
P67   1and paragraph (4) of subdivision (a) of Section 1502 of the Health
2and Safety Code, determines to have successfully met both the
3home environment assessment standards and the permanency
4assessment criteria adopted pursuant to subdivision (d) necessary
5for providing care for a related or unrelated child who is under the
6jurisdiction of the juvenile court, or otherwise in the care of a
7county child welfare agency or probation department. A resource
8family shall demonstrate all of the following:

9(A) An understanding of the safety, permanence, and well-being
10needs of children who have been victims of child abuse and neglect,
11and the capacity and willingness to meet those needs, including
12the need for protection, and the willingness to make use of support
13resources offered by the agency, or a support structure in place,
14or both.

15(B) An understanding of children’s needs and development,
16effective parenting skills or knowledge about parenting, and the
17capacity to act as a reasonable, prudent parent in day-to-day
18decisionmaking.

19(C) An understanding of his or her role as a resource family and
20the capacity to work cooperatively with the agency and other
21service providers in implementing the child’s case plan.

22(D) The financial ability within the household to ensure the
23stability and financial security of the family.

24(E) An ability and willingness to provide a family setting that
25promotes normal childhood experiences that serves the needs of
26the child.

27(2) Subsequent to meeting the criteria set forth in this
28subdivision and designation as a resource family, a resource family
29shall be considered eligible to provide foster care for related and
30unrelated children in out-of-home placement, shall be considered
31approved for adoption or guardianship, and shall not have to
32undergo any additional approval or licensure as long as the family
33lives in a county participating in the program.

34(3) Resource family approval means that the applicant
35successfully meets the home environment assessment and
36permanency assessment standards. This approval is in lieu of the
37existing foster care license, relative or nonrelative extended family
38member approval, and the adoption home study approval.

39(4) Approval of a resource family does not guarantee an initial
40or continued placement of a child with a resource family.

P68   1(5) Notwithstanding paragraphs (1) to (4), inclusive, the
2department or county may cease any further review of an
3application if the applicant has had a previous application denial
4within the preceding year, or if the applicant has had a previous
5rescission, revocation, or exemption denial or rescission by the
6department or county within the preceding two years. However,
7the department or county may continue to review an application
8if it has determined that the reasons for the previous denial,
9rescission, or revocation were due to circumstances and conditions
10that either have been corrected or are no longer in existence. If an
11individual was excluded from a resource family home or facility
12licensed by the department, the department or county shall cease
13review of the individual’s application unless the excluded
14individual has been reinstated pursuant to Section 11522 of the
15Government Code. The cessation of review shall not constitute a
16denial of the application for purposes of this section or any other
17law.

18(d) Prior to implementation of this program, the department
19shall adopt standards pertaining to the home environment and
20permanency assessments of a resource family.

21(1) Resource family home environment assessment standards
22shall include, but not be limited to, all of the following:

23(A) (i) Criminal records clearance of all adults residing in, or
24regularly present in, the home, and not exempted from
25fingerprinting, as set forth in subdivision (b) of Section 1522 of
26the Health and Safety Code, pursuant to Section 8712 of the Family
27Code, utilizing a check of the Child Abuse Central Index (CACI),
28and receipt of a fingerprint-based state and federal criminal
29offender record information search response. The criminal history
30information shall include subsequent notifications pursuant to
31Section 11105.2 of the Penal Code.

32(ii) Consideration of any substantiated allegations of child abuse
33or neglect against either the applicant or any other adult residing
34in the home. An approval may not be granted to applicants whose
35criminal record indicates a conviction for any of the offenses
36specified in subdivision (g) of Section 1522 of the Health and
37Safety Code.

38(iii) If the resource family parent, applicant, or any other person
39specified in subdivision (b) of Section 1522 of the Health and
40Safety Code has been convicted of a crime other than a minor
P69   1traffic violation, except for the civil penalty language, the criminal
2background check provisions specified in subdivisions (d) through
3(f) of Section 1522 of the Health and Safety Code shall apply.
4Exemptions from the criminal records clearance requirements set
5forth in this section may be granted by the director or the early
6implementation county, if that county has been granted permission
7by the director to issue criminal records exemptions pursuant to
8Section 361.4, using the exemption criteria currently used for foster
9care licensing as specified in subdivision (g) of Section 1522 of
10the Health and Safety Code.

11(iv) For public foster family agencies approving resource
12families, the criminal records clearance process set forth in clause
13(i) shall be utilized.

14(v) For private foster family agencies approving resource
15families, the criminal records clearance process set forth in clause
16(i) shall be utilized, but the Department of Justice shall disseminate
17a fitness determination resulting from the federal criminal offender
18record information search.

19(B) Buildings and grounds and storage requirements set forth
20in Sections 89387 and 89387.2 of Title 22 of the California Code
21of Regulations.

22(C) In addition to the foregoing requirements, the resource
23family home environment assessment standards shall also require
24the following:

25(i) That the applicantbegin delete demonstrateend deletebegin insert demonstratesend insert an
26understanding about the rights of children in care and his or her
27responsibility to safeguard those rights.

28(ii) That the total number of children residing in the home of a
29resource family shall be no more than the total number of children
30the resource family can properly care for, regardless of status, and
31shall not exceed six children, unless exceptional circumstances
32that are documented in the foster child’s case file exist to permit
33a resource family to care for more children, including, but not
34limited to, the need to place siblings together.

35(iii) That the applicant understands his or her responsibilities
36with respect to acting as a reasonable and prudent parent, and
37maintaining the least restrictive environment that serves the needs
38of the child.

39(2) The resource family permanency assessment standards shall
40include, but not be limited to, all of the following:

P70   1(A) The applicant shall complete caregiver training.

2(B) (i) The applicant shall complete a psychosocial assessment,
3which shall include the results of a risk assessment.

4(ii) A caregiver risk assessment shall include, but shall not be
5limited to, physical and mental health, alcohol and other substance
6use and abuse, family and domestic violence, and the factors listed
7in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).

8(C) The applicant shall complete any other activities that relate
9to a resource family’s ability to achieve permanency with the child.

10(e) (1) A child may be placed with a resource family that has
11successfully completed the home environment assessment prior
12to completion of a permanency assessment only if a compelling
13reason for the placement exists based on the needs of the child.

14(2) The permanency assessment shall be completed within 90
15days of the child’s placement in the home, unless good cause exists
16based upon the needs of the child.

17(3) If additional time is needed to complete the permanency
18assessment, the county shall document the extenuating
19circumstances for the delay and generate a timeframe for the
20completion of the permanency assessment.

21(4) The county shall report to the department on a quarterly
22basis the number of families with a child in an approved home
23whose permanency assessment goes beyond 90 days and
24summarize the reasons for these delays.

25(5) A child may be placed with a relative, as defined in Section
26319, or nonrelative extended family member, as defined in Section
27362.7, prior to applying as a resource family only on an emergency
28basis if all of the following requirements are met:

29(A) Consideration of the results of a criminal records check
30conducted pursuant to Section 16504.5 of the relative or nonrelative
31extended family member and of every other adult in the home.

32(B) Consideration of the results of the Child Abuse Central
33Index (CACI) consistent with Section 1522.1 of the Health and
34Safety Code of the relative or nonrelative extended family member,
35and of every other adult in the home.

36(C) The home and grounds are free of conditions that pose undue
37risk to the health and safety of the child.

38(D) For any placement made pursuant to this paragraph, the
39county shall initiate the home environment assessment no later
P71   1than five business days after the placement, which shall include a
2face-to-face interview with the resource family applicant and child.

3(E) For any placement made pursuant to this paragraph,
4AFDC-FC funding shall not be available until approval of the
5resource family has been completed.

6(F) Any child placed under this section shall be afforded all the
7rights set forth in Section 16001.9.

8(f) The State Department of Social Services shall be responsible
9for all of the following:

10(1) Selecting early implementation counties, based on criteria
11established by the department in consultation with the County
12Welfare Directors Association.

13(2) Establishing timeframes for participating counties to submit
14an implementation plan, enter into terms and conditions for
15participation in the program, train appropriate staff, and accept
16applications from resource families.

17(3) Entering into terms and conditions for participation in the
18program by counties.

19(4) Administering the program through the issuance of written
20directives that shall have the same force and effect as regulations.
21Any directive affecting Article 1 (commencing with Section 700)
22of Chapter 7 of Title 11 of the California Code of Regulations shall
23be approved by the Department of Justice. The directives shall be
24exempt from the rulemaking provisions of the Administrative
25Procedure Act (Chapter 3.5 (commencing with Section 11340))
26of Part 1 of Division 3 of Title 2 of the Government Code.

27(5) Approving and requiring the use of a single standard for
28resource family approval.

29(6) Adopting and requiring the use of standardized
30documentation for the home environment and permanency
31assessments of resource families.

32(7) Requiring counties to monitor resource families including,
33but not limited to, all of the following:

34(A) Investigating complaints of resource families.

35(B) Developing and monitoring resource family corrective action
36plans to correct identified deficiencies and to rescind resource
37family approval if compliance with corrective action plans is not
38achieved.

39(8) Ongoing oversight and monitoring of county systems and
40operations including all of the following:

P72   1(A) Reviewing the county’s implementation of the program.

2(B) Reviewing an adequate number of approved resource
3families in each participating county to ensure that approval
4standards are being properly applied. The review shall include
5case file documentation, and may include onsite inspection of
6individual resource families. The review shall occur on an annual
7basis, and more frequently if the department becomes aware that
8a participating county is experiencing a disproportionate number
9of complaints against individual resource family homes.

10(C) Reviewing county reports of serious complaints and
11incidents involving approved resource families, as determined
12necessary by the department. The department may conduct an
13independent review of the complaint or incident and change the
14findings depending on the results of its investigation.

15(D) Investigating unresolved complaints against participating
16counties.

17(E) Requiring corrective action of counties that are not in full
18compliance with the terms and conditions of the program.

19(9) Updating the Legislature on the early implementation phase
20of the program, including the status of implementation, successes,
21and challenges during the early implementation phase, and relevant
22available data, including resource family satisfaction.

23(10) Implementing due process procedures, including all of the
24following:

25(A) Providing a statewide fair hearing process for denials,
26rescissions, or exclusion actions.

27(B) Amending the department’s applicable state hearing
28procedures and regulations or using the Administrative Procedure
29Act, when applicable, as necessary for the administration of the
30program.

31(g) Counties participating in the program shall be responsible
32for all of the following:

33(1) Submitting an implementation plan, entering into terms and
34conditions for participation in the program, consulting with the
35county probation department in the development of the
36implementation plan, training appropriate staff, and accepting
37 applications from resource families within the timeframes
38established by the department.

39(2) Complying with the written directives pursuant to paragraph
40(4) of subdivision (f).

P73   1(3) Implementing the requirements for resource family approval
2and utilizing standardized documentation established by the
3department.

4(4) Ensuring staff have the education and experience necessary
5to complete the home environment and psychosocial assessments
6competently.

7(5) (A) Taking the following actions, as applicable:

8(i) Approving or denying resource family applications.

9(ii) Rescinding approvals of resource families.

10(iii) Excluding a resource family parent or other individual from
11presence in a resource family home, consistent with the established
12standard.

13(iv) Issuing a temporary suspension order that suspends the
14resource family approval prior to a hearing when urgent action is
15needed to protect a child or nonminor dependent from physical or
16mental abuse, abandonment, or any other substantial threat to
17health or safety, consistent with the established standard.

18(B) Providing a resource family parent, applicant, or excluded
19individual requesting review of that decision with due process
20pursuant to the department’s statutes, regulations, and written
21directives.

22(C) Notifying the department of any decisions denying a
23resource family’s application or rescinding the approval of a
24resource family, excluding an individual, or taking other
25administrative action.

26(D) Issuing a temporary suspension order that suspends the
27resource family approval prior to a hearing, when urgent action is
28needed to protect a child or nonminor dependent who is or may
29be placed in the home from physical or mental abuse, abandonment,
30or any other substantial threat to health or safety.

31(6) Updating resource family approval annually.

32(7) Monitoring resource families through all of the following:

33(A) Ensuring that social workers who identify a condition in
34the home that may not meet the approval standards set forth in
35subdivision (d) while in the course of a routine visit to children
36placed with a resource family take appropriate action as needed.

37(B) Requiring resource families to comply with corrective action
38plans as necessary to correct identified deficiencies. If corrective
39action is not completed as specified in the plan, the county may
40rescind the resource family approval.

P74   1(C) Requiring resource families to report to the county child
2welfare agency any incidents consistent with the reporting
3requirements for licensed foster family homes.

4(8) Investigating all complaints against a resource family and
5taking action as necessary. This shall include investigating any
6incidents reported about a resource family indicating that the
7approval standard is not being maintained.

8(A) The child’s social worker shall not conduct the formal
9investigation into the complaint received concerning a family
10providing services under the standards required by subdivision
11(d). To the extent that adequate resources are available, complaints
12shall be investigated by a worker who did not initially conduct the
13home environment or psychosocial assessments.

14(B) Upon conclusion of the complaint investigation, the final
15disposition shall be reviewed and approved by a supervising staff
16member.

17(C) The department shall be notified of any serious incidents
18or serious complaints or any incident that falls within the definition
19of Section 11165.5 of the Penal Code. If those incidents or
20complaints result in an investigation, the department shall also be
21notified as to the status and disposition of that investigation.

22(9) Performing corrective action as required by the department.

23(10) Assessing county performance in related areas of the
24California Child and Family Services Review System, and
25remedying problems identified.

26(11) Submitting information and data that the department
27determines is necessary to study, monitor, and prepare the report
28specified in paragraph (9) of subdivision (f).

29(12) Ensuring resource family applicants and resource families
30have the necessary knowledge, skills, and abilities to support
31children in foster care by completing caregiver training. The
32training should include a curriculum that supports the role of a
33resource family in parenting vulnerable children and should be
34ongoing in order to provide resource families with information on
35trauma-informed practices and requirements and other topics within
36the foster care system.

37(13) Ensuring that a resource family applicant completes a
38minimum of 12 hours of preapproval training. The training shall
39include, but not be limited to, all of the following courses:

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

P75   1(B) The effects of trauma, including grief and loss, and child
2abuse and neglect, on child development and behavior, and
3methods to behaviorally support children impacted by that trauma
4or child abuse and neglect.

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

6(D) Health issues in foster care.

7(E) Accessing services and supports to address education needs,
8physical, mental, and behavioral health, and substance use
9disorders, including culturally relevant services.

10(F) The rights of a child in foster care, and the resource family’s
11responsibility to safeguard those rights, including the right to have
12fair and equal access to all available services, placement, care,
13treatment, and benefits, and to not be subjected to discrimination
14or harassment on the basis of actual or perceived race, ethnic group
15identification, ancestry, national origin, color, religion, sex, sexual
16orientation, gender identity, mental or physical disability, or HIV
17status.

18(G) Cultural needs of children, including instruction on cultural
19competency and sensitivity, and related best practices for providing
20adequate care for children or youth across diverse ethnic and racial
21backgrounds, as well as children or youth identifying as lesbian,
22gay, bisexual, or transgender.

23(H) Basic instruction on existing laws and procedures regarding
24the safety of foster youth at school; and ensuring a harassment and
25violence free school environment pursuant to Article 3.6
26(commencing with Section 32228) of Chapter 2 of Part 19 of
27Division 1 of Title 1 of the Education Code.

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

29(J) Child and adolescent development, including sexual
30orientation, gender identity, and expression.

31(K) The role of resource families, including working
32cooperatively with the child welfare or probation agency, the
33child’s family, and other service providers implementing the case
34plan.

35(L) The role of a resource family on the child and family team
36as defined in paragraph (4) of subdivision (a) of Section 16501.

37(M) A resource family’s responsibility to act as a reasonable
38and prudent parent, and to provide a family setting that promotes
39normal childhood experiences and that serves the needs of the
40child.

P76   1(N) An overview of the specialized training identified in
2subdivision (h).

3(14) Ensuring approved resource families complete a minimum
4of eight training hours annually, a portion of which shall be from
5one or more of the topics listed in paragraph (13).

6(h) In addition to any training required by this section, a resource
7family may be required to receive specialized training, as relevant,
8for the purpose of preparing the resource family to meet the needs
9of a particular child in care. This training may include, but is not
10limited to, the following:

11(1) Understanding how to use best practices for providing care
12and supervision to commercially sexually exploited children.

13(2) Understanding how to use best practices for providing care
14and supervision to lesbian, gay, bisexual, and transgender children.

15(3) Understanding the requirements and best practices regarding
16psychotropic medications, including, but not limited to, court
17authorization, benefits, uses, side effects, interactions, assistance
18with self-administration, misuse, documentation, storage, and
19metabolic monitoring of children prescribed psychotropic
20medications.

21(4) Understanding the federal Indian Child Welfare Act (25
22U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
23children covered by the act, and the best interests of Indian
24children, including the role of the caregiver in supporting culturally
25appropriate, child-centered practices that respect Native American
26history, culture, retention of tribal membership and connection to
27the tribal community and traditions.

28(5) Understanding how to use best practices for providing care
29and supervision to nonminor dependents.

30(6) Understanding how to use best practices for providing care
31and supervision to children with special health care needs.

32(7) Understanding the different permanency options and the
33services and benefits associated with the options.

34(i) Nothing in this section shall preclude a county or a foster
35family agency from requiring resource family training in excess
36of the requirements in this section.

37(j) (1) Approved relatives and nonrelative extended family
38members, licensed foster family homes, or approved adoptive
39homes that have completed the license or approval process prior
40to full implementation of the program shall not be considered part
P77   1of the program. The otherwise applicable assessment and oversight
2processes shall continue to be administered for families and
3facilities not included in the program.

4(2) Upon implementation of the program in a county, that county
5may not accept new applications for the licensure of foster family
6homes, the approval of relative and nonrelative extended family
7members, or the approval of prospective adoptive homes.

8(k) The department may waive regulations that pose a barrier
9to implementation and operation of this program. The waiver of
10any regulations by the department pursuant to this section shall
11apply to only those counties or foster family agencies participating
12in the program and only for the duration of the program.

13(l) Resource families approved under initial implementation of
14the program, who move within an early implementation county or
15who move to another early implementation county, shall retain
16their resource family status if the new building and grounds,
17outdoor activity areas, and storage areas meet home environment
18standards. The State Department of Social Services or early
19implementation county may allow a program-affiliated individual
20to transfer his or her subsequent arrest notification if the individual
21moves from one early implementation county to another early
22implementation county, as specified in subdivision (g) of Section
231522 of the Health and Safety Code.

24(m) (1) The approval of a resource family who moves to a
25nonparticipating county remains in full force and effect pending
26a determination by the county approval agency or the department,
27as appropriate, whether the new building and grounds and storage
28areas meet applicable standards, and whether all adults residing
29in the home have a criminal records clearance or exemptions
30granted, using the exemption criteria used for foster care licensing,
31as specified in subdivision (g) of Section 1522 of the Health and
32Safety Code. Upon this determination, the nonparticipating county
33shall either approve the family as a relative or nonrelative extended
34family member, as applicable, or the department shall license the
35family as a foster family home.

36(2) Subject to the requirements in paragraph (1), the family shall
37continue to be approved for guardianship and adoption. Nothing
38 in this subdivision shall limit a county or adoption agency from
39determining that the family is not approved for guardianship or
P78   1adoption based on changes in the family’s circumstances or
2psychosocial assessment.

3(3) A program-affiliated individual who moves to a
4nonparticipating county may not transfer his or her subsequent
5arrest notification from a participating county to the
6nonparticipating county.

7(n) Implementation of the program shall be contingent upon the
8continued availability of federal Social Security Act Title IV-E
9(42 U.S.C. Sec. 670) funds for costs associated with placement of
10children with resource families assessed and approved under the
11program.

begin insert

12
(o) A child placed with a resource family is eligible for the
13resource family basic rate, pursuant to Sections 11253.45, 11460,
1411461, and 11463, and subdivision (l) of Section 11461.3, at the
15child’s assessed level of care.

end insert
begin delete

16(o) A child placed with a resource family shall be eligible for
17AFDC-FC payments. A resource family, or a foster family agency
18pursuant to subdivisions (s) and (t), shall be paid an AFDC-FC
19rate pursuant to Sections 11460, 11461, and 11463. Sharing

end delete

20begin insert(p)end insertbegin insertend insertbegin insertSharingend insert ratios for nonfederal expenditures for all costs
21associated with activities related to the approval of relatives and
22 nonrelative extended family members shall be in accordance with
23Section 10101.

begin delete

24(p)

end delete

25begin insert(q)end insert The Department of Justice shall charge fees sufficient to
26cover the cost of initial or subsequent criminal offender record
27information and Child Abuse Central Index searches, processing,
28or responses, as specified in this section.

begin delete

29(q)

end delete

30begin insert(r)end insert Except as provided, approved resource families under this
31program shall be exempt from all of the following:

32(1) Licensure requirements set forth under the Community Care
33Facilities Act, commencing with Section 1500 of the Health and
34Safety Code, and all regulations promulgated thereto.

35(2) Relative and nonrelative extended family member approval
36requirements set forth under Sections 309, 361.4, and 362.7, and
37all regulations promulgated thereto.

38(3) Adoptions approval and reporting requirements set forth
39 under Section 8712 of the Family Code, and all regulations
40promulgated thereto.

begin delete

P79   1(r)

end delete

2begin insert(s)end insert (1) Early implementation counties shall be authorized to
3continue through December 31, 2016. The program shall be
4implemented by each county on or before January 1, 2017.

5(2) No later than July 1, 2017, each county shall provide the
6following information to all licensed foster family homes and all
7approved relatives and nonrelative extended family members:

8(A) A detailed description of the resource family approval
9program.

10(B) Notification that, in order to care for a foster child, resource
11family approval is required by December 31, 2019.

12(C) Notification that a foster family home license and an
13approval of a relative or nonrelative extended family member shall
14be forfeited by operation of law as provided for in paragraph (4).

15(3) By no later than January 1, 2018, the following shall apply
16to all licensed foster family homes and approved relative and
17nonrelative extended family members:

18(A) A licensed foster family home, and an approved relative or
19nonrelative extended family member with an approved adoptive
20home study completed prior to January 1, 2018, shall be deemed
21to be an approved resource family.

22(B) A licensed foster family home, and an approved relative or
23nonrelative extended family member who had a child in placement
24 at any time, for any length of time, between January 1, 2017, and
25December 31, 2017, inclusive, may be approved as a resource
26family on the date of successful completion of a psychosocial
27assessment pursuant to subparagraph (B) of paragraph (2) of
28subdivision (d).

29(C) A county may provide supportive services to all licensed
30foster family home providers, relatives, and nonrelative extended
31family members with a child in placement to assist with the
32resource family transition and to minimize placement disruptions.

33(4) All foster family licenses and approvals of a relative or
34nonrelative extended family member shall be forfeited by operation
35of law on December 31, 2019, except as provided in this paragraph:

36(A) All licensed foster family homes that did not have a child
37in placement at any time, for any length of time, between January
381, 2017, and December 31, 2017, inclusive, shall forfeit the license
39by operation of law on January 1, 2018.

P80   1(B) For foster family home licensees and approved relatives or
2nonrelative extended family members who have a pending resource
3family application on December 31, 2019, the foster family home
4license or relative and nonrelative extended family member
5approval shall be forfeited by operation of law on the date of
6approval as a resource family. If approval is denied, forfeiture by
7operation of law shall occur on the date of completion of any
8proceedings required by law to ensure due process.

begin delete

9(s)

end delete

10begin insert(t)end insert On and after January 1, 2017, all licensed foster family
11agencies shall approve resource families in lieu of certifying foster
12homes. A foster family agency or a short-term residential treatment
13center pursuant to subdivision (b) of Section 11462 shall require
14applicants and resource families to meet the resource family
15approval standards and requirements set forth in this chapter and
16in the written directives adopted pursuant to this chapter prior to
17approval and in order to maintain approval.

begin delete

18(t)

end delete

19begin insert(u)end insert Commencing January 1, 2016, the department may establish
20participation conditions, and select and authorize foster family
21agencies that voluntarily submit implementation plans and revised
22plans of operation in accordance with requirements established by
23the department, to approve resource families in lieu of certifying
24foster homes.

25(1) Notwithstanding any other law, a participating foster family
26agency shall require resource families to meet and maintain the
27resource family approval standards and requirements set forth in
28this chapter and in the written directives adopted hereto prior to
29approval and in order to maintain approval.

30(2) A participating foster family agency shall implement the
31resource family approval program pursuant to Section 1517 of the
32Health and Safety Code.

33(3) Nothing in this section shall be construed to limit the
34authority of the department to inspect, evaluate, or investigate a
35complaint or incident, or initiate a disciplinary action against a
36foster family agency pursuant to Article 5 (commencing with
37Section 1550) of Chapter 3 of Division 2 of the Health and Safety
38Code, or to take any action it may deem necessary for the health
39and safety of children placed with the foster family agency.

P81   1(4) The department may adjust the foster family agency
2AFDC-FC rate pursuant to Section 11463 for implementation of
3this subdivision.

4begin insert

begin insertSEC. 28.end insert  

end insert

begin insertArticle 6 (commencing with Section 16523) is added
5to Chapter 5 of Part 4 of Division 9 of the end insert
begin insertWelfare and Institutions
6Code
end insert
begin insert, to read:end insert

begin insert

7 

8Article begin insert6.end insert  Bringing Families Home Program
9

 

10

begin insert16523.end insert  

For purposes of this article, the following definitions
11shall apply:

12
(a) “Child welfare services” has the same meaning as defined
13in Section 16501.

14
(b) “Department” means the State Department of Social
15Services.

16
(c) “Eligible family” means any individual or family that, at a
17minimum, meets all of the following conditions:

18
(1) Receives child welfare services at the time eligibility is
19determined.

20
(2) Is homeless.

21
(3) Voluntarily agrees to participate in the program.

22
(4) Either of the following:

23
(A) Has been determined appropriate for reunification of a child
24to a biological parent or guardian by the county human services
25agency handling the case, the court with jurisdiction over the child,
26or both.

27
(B) A child or children in the family is or are at risk of foster
28care placement, and the county human services agency determines
29that safe and stable housing for the family will prevent the need
30for the child’s or children’s removal from the parent or guardian.

31
(d) “Homeless” means any of the following:

32
(1) An individual or family who lacks a fixed, regular, and
33adequate nighttime residence.

34
(2) An individual or family with a primary nighttime residence
35that is a public or private place not designed for or ordinarily used
36as a regular sleeping accommodation for human beings, including,
37but not limited to, a car, park, abandoned building, bus station,
38train station, airport, or camping ground.

39
(3) An individual or family living in a supervised publicly or
40privately operated shelter designated to provide temporary living
P82   1arrangements, including hotels or motels paid for by federal, state,
2or local government programs for low-income individuals or by
3charitable organizations, congregate shelters, or transitional
4housing.

5
(4) An individual who resided in a shelter or place not meant
6for human habitation and who is exiting an institution where he
7or she temporarily resided.

8
(5) An individual or family who will imminently lose their
9housing, including, but not limited to, housing they own, rent, or
10live in without paying rent, are sharing with others, or rooms in
11hotels or motels not paid for by federal, state, or local government
12programs for low-income individuals or by charitable
13organizations, as evidenced by any of the following:

14
(A) A court order resulting from an eviction action that notifies
15the individual or family that they must leave within 14 days.

16
(B) The individual or family having a primary nighttime
17residence that is a room in a hotel or motel and where they lack
18the resources necessary to reside there for more than 14 days.

19
(C) Credible evidence indicating that the owner or renter of the
20housing will not allow the individual or family to stay for more
21than 14 days, and any oral statement from an individual or family
22seeking homeless assistance that is found to be credible shall be
23considered credible evidence for purposes of this clause.

24
(6) An individual or family who has no subsequent residence
25identified.

26
(7) An individual or family who lacks the resources or support
27networks needed to obtain other permanent housing.

28
(8) Unaccompanied youth and homeless families with children
29and youth defined as homeless under any other federal statute, as
30of the effective date of this program, who meet all of the following:

31
(A) Have experienced a long-term period without living
32independently in permanent housing.

33
(B) Have experienced persistent instability as measured by
34frequent moves over that long-term period.

35
(C) Can be expected to continue in that status for an extended
36period of time because of chronic disabilities, chronic physical
37health or mental health conditions, substance addiction, histories
38of domestic violence or childhood abuse, the presence of a child
39or youth with a disability, or multiple barriers to employment.

P83   1
(e) “Homelessness” means the status of being homeless, as
2defined in subdivision (d).

3
(f) “Permanent housing” means a place to live without a limit
4on the length of stay in the housing that exceeds the duration of
5funding for the program, subject to landlord-tenant laws pursuant
6to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
7of Division 3 of the Civil Code.

8
(g) “Program” means the Bringing Families Home Program
9established pursuant to this article.

10
(h) “Supportive housing” has the same meaning as defined in
11paragraph (2) of subdivision (b) of Section 50675.14 of the Health
12and Safety Code, except that the program is not restricted to
13serving only projects with five or more units.

14

begin insert16523.1.end insert  

(a) To the extent funds are appropriated in the annual
15Budget Act, the department shall award program funds to counties
16for the purpose of providing housing-related supports to eligible
17families experiencing homelessness if that homelessness prevents
18reunification between an eligible family and a child receiving child
19welfare services, or where lack of housing prevents a parent or
20guardian from addressing issues that could lead to foster care
21placement.

22
(b) Notwithstanding subdivision (a), this section does not create
23an entitlement to housing-related assistance, which is intended to
24be provided at the discretion of the county as a service to eligible
25families.

26
(c) (1) It is the intent of the Legislature that housing-related
27assistance provided pursuant to this article utilize evidence-based
28models, including evidence-based practices in rapid rehousing
29and supportive housing.

30
(2) Housing-related supports available to participating families
31shall include, but not be limited to, all of the following:

32
(A) An assessment of each family’s housing needs, including a
33plan to assist them in meeting those needs.

34
(B) Housing navigation or search assistance to recruit
35landlords, and assist families in locating housing affordable to
36the family, under a presumption that the family will pay no more
37than one-third of their income in rent.

38
(C) The use of evidence-based models, such as motivational
39interviewing and trauma-informed care, to build relationships
40with a parent or guardian.

P84   1
(D) Housing-related financial assistance, including rental
2assistance, security deposit assistance, utility payments, moving
3cost assistance, and interim housing assistance while housing
4navigators are actively seeking permanent housing options for the
5family.

6
(E) Housing stabilization services, including ongoing tenant
7engagement, case management, public systems assistance, legal
8services, credit repair assistance, life skills training, and conflict
9mediation with landlords and neighbors.

10
(F) If the family requires supportive housing, long-term services
11promoting housing stability.

12
(d) The department shall award program funds to counties
13according to criteria developed by the department, in consultation
14with the County Welfare Directors Association, the Corporation
15for Supportive Housing, and Housing California, subject to both
16of the following requirements:

17
(1) A county that receives state funds under this program shall
18match that funding on a dollar-by-dollar basis. The county funds
19used for this purpose shall supplement, not supplant, county
20funding already intended for these purposes.

21
(2) A county that receives state funds under this program shall
22have a local continuum of care that participates in a homeless
23services coordinated entry and assessment system, as required by
24the United States Department of Housing and Urban Development.

25
(e) The department, in consultation with Housing California,
26the Corporation for Supportive Housing, and the County Welfare
27Directors Association of California, shall develop all of the
28following:

29
(1) The criteria by which counties may be awarded funds to
30provide housing-related assistance to eligible families pursuant
31to this article.

32
(2) The proportion of program funding to be expended on
33reasonable and appropriate administrative activities to minimize
34overhead and maximize services.

35
(3) Eligible sources of funds for a county’s matching
36contribution.

37
(4) Tracking and reporting procedures for the program.

38
(5) A process for evaluating program data.

end insert
39begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 17601.50 of the end insertbegin insertWelfare and Institutions Codeend insert
40
begin insert is amended to read:end insert

P85   1

17601.50.  

The moneys in the Child Poverty and Family
2Supplemental Support Subaccount shall be allocated to the family
3support account in the local health and welfare trust fund in each
4county and city and county by the Controller pursuant to a schedule
5prepared by the Department of Finance. All funds allocated shall
6be attributable to the payment ofbegin delete grant increasesend deletebegin insert increased aid
7payments,end insert
as authorized by Section 11450.025. Funds that are not
8allocated in a fiscal year, shall be available for allocation in the
9following fiscal year.

10begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 18910.1 of the end insertbegin insertWelfare and Institutions Codeend insert
11
begin insert is amended to read:end insert

12

18910.1.  

begin deleteIt is the intent of the Legislature that all end deletebegin insertAll end insertCalFresh
13households shall be assigned certification periods that are the
14maximum number of months allowable under federal lawbegin delete based
15onend delete
begin delete theend deletebegin delete household’s circumstances,end deletebegin insert for the household typeend insert unless
16a county is complying with subdivision (b) of Sectionbegin delete 18910.end delete
17
begin insert 18910 or, on a case-by-case basis only, the household’s individual
18circumstances require a shorter certification period.end insert

19begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 18920 is added to the end insertbegin insertWelfare and Institutions
20Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert18920.end insert  

(a) Notwithstanding any other law, an agreement
22between the department and a unit of local government, any other
23unit of state government, or a nonprofit organization that provides
24for a contract relating to either of the following is and shall be
25deemed a “cooperative agreement,” as defined in subdivision (a)
26of Section 38072 of the Health and Safety Code:

27
(1) Outreach programs related to CalFresh.

28
(2) The Supplemental Nutrition Assistance Program: Nutrition
29Education and Obesity Prevention Grant Program.

30
(b) Notwithstanding subdivision (b) of Section 38072 of the
31Health and Safety Code, for purposes of Chapter 1 (commencing
32with Section 38070) of Division 25.2 of the Health and Safety
33Code, any reference to the term “department” in those provisions
34shall refer to the State Department of Social Services for purposes
35of an agreement described in subdivision (a).

36
(c) In addition to the authority granted the department in
37subdivision (a) of Section 38081.1 of the Health and Safety Code,
38a change of subcontracts shall not be subject to review and
39approval by the Department of General Services pursuant to
P86   1Chapter 2 (commencing with Section 10290) of Part 2 of Division
22 of the Public Contract Code.

3
(d) The Legislature finds and declares that this section shall be
4applied retroactively to currently executed agreements that are
5described in subdivision (a).

end insert
6begin insert

begin insertSEC. 32.end insert  

end insert

begin insertChapter 17 (commencing with Section 18999) is
7added to Part 6 of Division 9 of the end insert
begin insertWelfare and Institutions Codeend insertbegin insert,
8to read:end insert

begin insert

9 

10Chapter  begin insert17.end insert Housing and Disability Income Advocacy
11Program
12

 

13

begin insert18999.end insert  

In enacting this chapter, it is the intent of the
14Legislature to establish, for the 2016-17 fiscal year, the Housing
15and Disability Income Advocacy Program under which counties
16assist homeless Californians with disabilities to increase
17participation among individuals who may be eligible for disability
18benefits programs, including the Supplemental Security
19Income/State Supplementary Program for the Aged, Blind, and
20Disabled (SSI/SSP), the federal Social Security Disability Insurance
21(SSDI) program, the Cash Assistance Program for Immigrants,
22and veterans benefits provided under federal law, including
23disability compensation.

24

begin insert18999.1.end insert  

(a) Subject to an appropriation of funds for this
25purpose in the annual Budget Act, the State Department of Social
26Services shall administer the Housing and Disability Income
27Advocacy Program to provide state matching grant funds to
28participating counties for the provision of outreach, case
29management, and advocacy services and housing assistance to
30individuals in need.

31
(b) Funds appropriated pursuant to this chapter shall be
32awarded to counties by the department according to criteria
33developed by the department, in consultation with the County
34Welfare Directors Association of California and advocates for
35clients, subject to the following restrictions:

36
(1) State funds appropriated pursuant to this chapter shall be
37used only for the purposes specified in this chapter.

38
(2) A county that receives state funds under this chapter shall
39match that funding on a dollar-for-dollar basis. The county
P87   1matching funds used for this purpose shall supplement, and not
2supplant, other county funding for these purposes.

3
(3) A county receiving state funds pursuant to this chapter shall,
4at a minimum, maintain a level of county funding for the outreach,
5active case management, advocacy, and housing assistance
6services described in this chapter that is at least equal to the total
7of the amounts expended by the county for those services in the
82015-16 fiscal year.

9
(4) As part of its application to receive state funds under this
10chapter, a county shall identify how it will collaborate locally
11among, at a minimum, the county departments that are responsible
12for health, including behavioral health, and human or social
13services in carrying out the activities required by this chapter.
14This collaboration shall include, but is not limited to, the sharing
15of information among these departments as necessary to carry out
16the activities required by this chapter.

17

begin insert18999.2.end insert  

(a) (1) A participating county shall provide, or
18contract for, outreach, active case management, and advocacy
19services related to all of the following programs, as appropriate:

20
(A) The Supplemental Security Income/State Supplementary
21Program for the Aged, Blind, and Disabled (SSI/SSP).

22
(B) The federal Social Security Disability Insurance (SSDI)
23program.

24
(C) The Cash Assistance Program for Immigrants.

25
(D) Veterans benefits provided under federal law, including,
26but not limited to, disability compensation.

27
(2) The outreach and case management services required by
28this subdivision shall include, but not be limited to, all of the
29following:

30
(A) Receiving referrals.

31
(B) Conducting outreach, training, and technical assistance.

32
(C) Providing assessment and screening.

33
(D) Coordinating record retrieval and other necessary means
34of documenting disability.

35
(E) Coordinating the provision of health care, including
36behavioral health care, for clients, as appropriate.

37
(3) The advocacy services required by this subdivision, which
38may be provided though legal representation, shall include, but
39not be limited to, the following:

P88   1
(A) Developing and filing competently prepared benefit
2applications, appeals, reconsiderations, reinstatements, and
3recertifications.

4
(B) Coordinating with federal and state offices regarding
5pending benefit applications, appeals, reconsiderations,
6reinstatements, and recertifications and advocating on behalf of
7the client.

8
(b) A participating county shall use screening tools to identify
9populations of individuals who are likely to be eligible for the
10programs listed in subdivision (a), in accordance with the
11following:

12
(1) The county shall give highest priority to individuals who
13are chronically homeless or who rely the most heavily on state-
14and county-funded services.

15
(2) Other populations to be targeted by the program include,
16but are not limited to, the following:

17
(A) General assistance or general relief applicants or recipients
18who are homeless or at risk of homelessness.

19
(B) Parents who receive CalWORKs assistance or whose
20children receive assistance or children who are recipients of
21CalWORKs in families that are homeless or at risk of homelessness.

22
(C) Low-income individuals with disabilities who can be diverted
23from, or who are being discharged from, jails or prisons and who
24are homeless or at risk of homelessness.

25
(D) Low-income veterans with disabilities who are homeless
26or at risk of homelessness.

27
(E) Low-income individuals with disabilities who are being
28discharged from hospitals, long-term care facilities, or
29rehabilitation facilities and who are homeless or at risk of
30homelessness.

31
(c) (1) As appropriate, a participating county may refer an
32individual to workforce development programs who is not likely
33to be eligible for the programs listed in subdivision (a) and who
34may benefit from workforce development programs.

35
(2) In consultation with an individual who has been served by
36the Housing and Disability Income Advocacy Program and
37considering the circumstances of his or her disabilities, a
38participating county may, upon approval or final denial of
39disability benefits, refer an individual who may benefit from
40workforce development programs to those programs.

P89   1
(3) An individual’s participation in a workforce development
2program pursuant to this subdivision is voluntary.

3

begin insert18999.4.end insert  

(a) (1) A participating county shall use funds
4received under this program to establish or expand programs that
5provide housing assistance, including interim housing, recuperative
6care, rental subsidies, or, only when necessary, shelters, for clients
7receiving services under Section 18999.2 during the clients’
8application periods for disability benefits programs described in
9that section. The county shall place a client who receives subsidies
10in housing that the client can sustain without a subsidy upon
11approval of disability benefits. If the client is not approved for
12disability benefits, case management staff shall assist in developing
13a transition plan for housing support through other available
14resources.

15
(2) A client’s participation in housing assistance programs or
16services is voluntary.

17
(b) A county, with the assistance of the department, shall seek
18reimbursement of funds used for housing assistance, general
19assistance, or general relief from the federal Commissioner of
20Social Security pursuant to an interim assistance reimbursement
21agreement authorized by Section 1631(g) of the federal Social
22Security Act. A county shall expend funds received as
23reimbursement for housing assistance only on additional housing
24assistance for clients receiving services under this chapter.

25

begin insert18999.6.end insert  

(a) Each participating county shall annually report
26to the department regarding its funding of advocacy and outreach
27programs in the prior year, as well as the use of state funding
28provided under this chapter, including all of the following:

29
(1) The number of clients served in each of the targeted
30populations described in subdivision (b) of Section 18999.2 and
31any other populations the county chose to target.

32
(2) The demographics of the clients served, including race or
33ethnicity, age, and gender.

34
(3) The number of applications for benefits, and type of benefits,
35filed with the assistance of the county.

36
(4) The number of applications approved initially, the number
37approved after reconsideration, the number approved after appeal,
38and the number not approved, including the time to benefits
39establishment.

40
(5) For applications that were denied, the reasons for denial.

P90   1
(6) The number of clients who received subsidized housing
2during the period that their applications were pending and a
3description of how that impacted the clients and the rates of
4completed applications or approval.

5
(7) The number of clients who received subsidized housing who
6maintained that housing during the SSI application period.

7
(8) The percentage of individuals approved for SSI who retain
8permanent housing 6, 12, and 24 months after benefits approval.

9
(9) The amount and percentage of rental subsidy costs and of
10general assistance or general relief costs recovered through interim
11assistance reimbursement for individuals approved for benefits.

12
(10) The number of individuals eligible to be served by this
13program but who have not yet received services.

14
(11) Any additional data requirements established by the
15department after consultation with the County Welfare Directors
16Association of California and advocates for clients.

17
(b) The department shall periodically inform the Legislature of
18the implementation progress of the program and make related
19data available on its Internet Web site. The department shall also
20report to the Legislature by October 1, 2018, in compliance with
21Section 9795 of the Government Code, regarding the
22implementation of the program, including the information reported
23by participating counties pursuant to this section.

24
(c) Notwithstanding the rulemaking provisions of the
25Administrative Procedures Act (Chapter 3.5 (commencing with
26Section 11340) of Part 1 of Division 3 of Title 2 of the Government
27Code), the department may implement, interpret, or make specific
28this chapter through all-county letters without taking any
29regulatory action.

end insert
30begin insert

begin insertSEC. 33.end insert  

end insert
begin insert

(a) During the 2017 and 2018 legislative budget
31hearings, the State Department of Social Services and the State
32Department of Health Care Services shall update the legislative
33budget committees on activities taken by the departments to
34implement the Continuum of Care Reform (CCR) pursuant to AB
35403 (Chapter 773, Statutes of 2015).

end insert
begin insert

36
(b) The information required pursuant to subdivision (a) shall
37include, but is not limited to, all of the following:

end insert
begin insert

38
(1) The specialty mental health services provided to foster
39children in short term residential treatment centers, by foster family
40agencies, and by resource families.

end insert
begin insert

P91   1
(2) The roles to be performed by the county mental health plans,
2the Medi-Cal managed care plans, and the fee-for-service system
3to coordinate mental health services being provided to foster youth
4pursuant to subdivision (a).

end insert
begin insert

5
(3) The actual or projected fiscal information related to the
6implementation of CCR, as follows:

end insert
begin insert

7
(A) Funding sources available to provide mental health services
8to foster care children.

end insert
begin insert

9
(B) The state, county, and federal funding estimated for the
102016-17 fiscal year to provide mental health services to foster
11children who meet the medical necessity criteria for specialty
12 mental health services under the Medi-Cal program.

end insert
13begin insert

begin insertSEC. 34.end insert  

end insert
begin insert

No appropriation pursuant to Section 15201 of the
14Welfare and Institutions Code shall be made for purposes of
15implementing Section 20 of this act.

end insert
16begin insert

begin insertSEC. 35.end insert  

end insert
begin insert

The State Department of Social Services shall convene
17stakeholders, including county placing agencies, providers, foster
18youth, and legislative staff, commencing no later than July 1, 2016,
19to discuss the adequacy of the proposed foster care rates and rate
20structure, and the extent to which the rates will achieve the desired
21outcomes for Continuum of Care Reform and AB 403 (Chapter
22773, Statutes of 2015). The department shall report to the
23legislative budget committees no later than August 10, 2016, on
24the results of these discussions. To the extent the proposed rates
25have changed, the department shall provide updated projected
26costs no later than January 10, 2017.

end insert
27begin insert

begin insertSEC. 36.end insert  

end insert
begin insert

(a) Notwithstanding the rulemaking provisions of
28the Administrative Procedure Act (Chapter 3.5 (commencing with
29Section 11340) of Part 1 of Division 3 of Title 2 of the Government
30Code), the State Department of Social Services may implement
31and administer Article 6 (commencing with Section 16523) of
32Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
33Code and the changes made in this act to Sections 11253.45,
3411320.15, 11322.63, 11322.64, 11322.83, 11323.25, 11402 (as
35amended by Section 65 of Chapter 773 of the Statutes of 2015),
3611402 (as amended by Section 66 of Chapter 773 of the Statutes
37of 2015), 11450, 11450.04, 11461.3, 11461.4, 11465, 12301.02,
3816519.5, and 18910.1 of the Welfare and Institutions Code through
39all-county letters or similar instructions until regulations are
40adopted.

end insert
begin insert

P92   1
(b) The department shall adopt emergency regulations
2implementing the sections specified in subdivision (a) no later than
3January 1, 2018. The department may readopt any emergency
4regulation authorized by this section that is the same as, or
5substantially equivalent to, any emergency regulation previously
6adopted pursuant to this section. The initial adoption of regulations
7pursuant to this section and one readoption of emergency
8regulations shall be deemed to be an emergency and necessary
9for the immediate preservation of the public peace, health, safety,
10or general welfare. Initial emergency regulations and the one
11readoption of emergency regulations authorized by this section
12shall be exempt from review by the Office of Administrative Law.
13The initial emergency regulations and the one readoption of
14emergency regulations authorized by this section shall be submitted
15to the Office of Administrative Law for filing with the Secretary
16of State, and each shall remain in effect for no more than 180 days,
17by which time final regulations shall be adopted.

end insert
18begin insert

begin insertSEC. 37.end insert  

end insert
begin insert

(a) To the extent that this act has an overall effect
19of increasing the costs already borne by a local agency for
20programs or levels of service mandated by the 2011 Realignment
21Legislation, Section 36 of Article XIII of the California Constitution
22shall govern this act’s application to local agencies and the state’s
23funding of those programs or levels of service.

end insert
begin insert

24
(b) However, if the Commission on State Mandates determines
25that this act contains other costs mandated by the state for
26programs or levels of service not described in subdivision (a),
27reimbursement to local agencies and school districts for those
28costs shall be made pursuant to Part 7 (commencing with Section
2917500) of Division 4 of Title 2 of the Government Code.

end insert
30begin insert

begin insertSEC. 38.end insert  

end insert
begin insert

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.

end insert
begin delete
35

SECTION 1.  

It is the intent of the Legislature to enact statutory
36changes, relating to the Budget Act of 2016.

end delete


O

    97