SB 831, as amended, Committee on Budget and Fiscal Review. Public social services omnibus.
(1) Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if, among other things, he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act.
This bill would clarify that the court has jurisdiction to make the factual findings necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile. The bill would also provide that the factual findings may be made at any point in a proceeding, as specified, if certain requirements are met.
(2) Existing law requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, which may consist of, but is not limited to, a declaration by the child who is the subject of the petition. Existing law also authorizes the court to make additional findings that are supported by evidence if requested by a party.
This bill would specify that the evidence to support those findings may consist solely of, but is not limited to, the above declaration. The bill would also authorize the court to make the additional findings only if requested by a party. The bill would provide that the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile is not admissible in making findings and would prohibit the court from including or referencing the motivation of the child, as specified, in the court’s findings.
(3) Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to child support for a family member for whom the recipient is receiving aid, as specified. Existing law also requires the first $50 of any amount of child support collected in a month to be paid to a recipient of CalWORKs aid.
Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the home of a relative is eligible for AFDC-FC only if he or she is eligible for federal financial participation in the AFDC-FC payment.
Existing law establishes the Approved Relative Caregiver Funding Option Program, in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Under existing law, a child who is eligible for the Approved Relative Caregiver Funding Option Program is not subject to the requirements of CalWORKs, except as specified.
This bill would specify that the above-described CalWORKs requirements relating to the assignment of child support apply to assistance units participating in the Approved Relative Caregiver Funding Option Program. The bill would state that these provisions are intended to clarify existing law.
(4) Existing law requires a county that has opted into the Approved Relative Caregiver Funding Option Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.
This bill, commencing January 1, 2017, would generally require a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child’s assessed level of care, as specified. By requiring counties to increase grants to children who are placed in the home of a relative who has been approved as a resource family, this bill would impose a state-mandated local program.
(5) Existing law requires that, in order to be eligible for AFDC-FC, a child be placed in one of several specified placements, including the approved home of a resource family, and provides that a child placed with a resource family is eligible for AFDC-FC payments.
This bill, commencing January 1, 2017, would instead provide that a child placed in the approved home of a resource family is eligible for AFDC-FC if the caregiver is a nonrelative or the caregiver is a relative and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment. The bill would also specify that a child placed with a resource family is eligible for the resource family basic rate.
(6) Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Existing law requires these agreements to provide for the delegation to the tribe, consortium of tribes, or tribal organization, of the responsibility that would otherwise be the responsibility of the county for the provision of child welfare services or assistance payments under the AFDC-FC program, or both. Existing law requires the State Department of Social Services to annually allocate appropriated funds to each federally recognized American Indian tribe with reservation lands or rancherias in the state that administers a federal tribal Temporary Assistance for Needy Families (TANF) program.
This bill would establish the Tribal Approved Relative Caregiver Funding Option Program and would require participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. The bill would require the department, in consultation with the participating tribe, to determine the initial base caseload of the tribe and to determine the amount necessary to fund the base caseload.
(7) Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility.
This bill, commencing July 1, 2016, would require the infant supplement rate to be increased by $489 per month, if funding for this purpose is appropriated in the annual Budget Act.
(8) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires the TAP to commence no later than October 1, 2016.
This bill would make that provision inoperative on June 30, 2016.
(9) Existing law requires, for counties that implement a welfare-to-work plan that includes subsidized private sector or public sector employment activities, the State Department of Social Services to pay the county 50%, less $113, of the total wage costs of an employee for whom a wage subsidy is paid, subject to specified conditions.
This bill would make that provision inoperative on July 1, 2016, and would repeal that provision on January 1, 2017. The bill would make related changes.
(10) Existing law requires the department to develop an allocation methodology to distribute additional funding for expanded subsidized employment programs for CalWORKs recipients.
This bill would require, on and after July 1, 2016, a county that accepts additional funding for expanded subsidized employment in accordance with that provision to continue to expend no less than the aggregate amount of specified funding received by the county that the county expended on subsidized employment in the 2012-13 fiscal year, except as specified.
(11) Existing law requires a recipient of CalWORKs to participate for a specified number of hours each week in welfare-to-work activities as a condition of eligibility.
The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. Existing federal law requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a local workforce development board to, among other things, plan and oversee the workforce development system and lead efforts in the local area to develop and implement career pathways within the local area.
This bill would deem a recipient who is making satisfactory progress in a career pathway program established in accordance with the federal Workforce Innovation and Opportunity Act to be in compliance with the hourly participation requirements of the CalWORKS program under specified conditions. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
(12) As part of the CalWORKs program, existing law provides that a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction.
Under existing law, eligibility for temporary shelter assistance is limited to one period of up to 16 consecutive days of temporary assistance in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions. Existing law provides that a family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child is not eligible for further homeless assistance.
This bill, commencing January 1, 2017, would expand the provision of temporary shelter assistance and permanent housing assistance to be available every 12 months. The bill would make conforming changes regarding an applicant for homeless assistance benefits being informed of the availability of the benefits every 12 months. The bill would delete the above limitation on a family’s eligibility for homeless assistance. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program.
(13) Existing law, referred to as the maximum family grant rule, prohibits the number of needy persons in the same family from being increased, for purposes of determining a family’s maximum aid payment, for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions.
This bill would repeal the maximum family grant rule on January 1, 2017.
(14) Existing law establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law increases the maximum aid payments by 5% commencing March 1, 2014, and by an additional 5% commencing April 1, 2015. Existing law specifies a process by which increases may be made to the maximum aid payments depending on projections of revenue and costs by the Department of Finance.
This bill would, effective October 1, 2016, increase the maximum aid grant amounts by an additional 1.43%. The bill would also, effective January 1, 2017, require households eligible for CalWORKs aid to receive an increased aid payment consistent with the repeal of the maximum family grant rule and would require those costs to be paid from moneys deposited into the Child Poverty and Family Supplemental Support Subaccount. To the extent that this bill affects eligibility under the CalWORKs program, the bill would impose a state-mandated local program.
(15) Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law provides, as part of the Coordinated Care Initiative, that IHSS is a Medi-Cal benefit available through managed care health plans in specified counties. Existing law provides for a 7% reduction in authorized hours of service to each IHSS recipient, as specified.
Existing law, commencing July 1, 2016, until July 1, 2019, establishes a managed care organization provider tax, to be administered by the State Department of Health Care Services, as specified, subject to approval from the federal Centers for Medicare and Medicaid Services, as specified.
This bill would suspend the 7% reduction in hours of service to each IHSS recipient until July 1, 2019, if the managed care organization provider tax remains operative. The bill would require the reduction to be reinstated by a specified date if the managed care organization provider tax ceases to be operative for any reason. By increasing the administrative duties of counties under the IHSS program, this bill would impose a state-mandated local program.
(16) Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System (CWS/CMS) to administer and evaluate the state’s child welfare services and foster care programs.
This bill would require the State Department of Social Services and the Office of Systems Integration (OSI), in collaboration with the County Welfare Directors Association (CWDA), to seek resources to enable the necessary level of engagement by the counties in the Child Welfare Services-New System (CWS-NS), as specified. The bill would require the department and OSI to provide a voting seat on all governance bodies of the CWS-NS for a CWDA representative. The bill would also require the department and OSI to continue to provide monthly updates to the Legislature and to stakeholders, including CWDA, regarding efforts to develop and implement the CWS-NS. The bill would also require CWS/CMS operations and functionality to be maintained at a level at least commensurate with its December 2015 status, as specified. The bill would make related findings and declarations.
(17) Existing law establishes a system of statewide child welfare services, administered by the State Department of Social Services and county child welfare agencies, with the intent that all children are entitled to be safe and free from abuse and neglect.
This bill would establish the Bringing Families Home Program, and would, to the extent funds are appropriated in the annual Budget Act, require the State Department of Social Services to award program funds to counties for the purpose of providing housing-related supports to eligible families experiencing homelessness if specified criteria are met. The bill would require the department to award program funds to counties according to criteria developed by the department, in consultation with specified entities, subject to a requirement that a county that receives funds under the program provide matching funds for these purposes, as specified.
(18) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the State Department of Social Services to redetermine recipient eligibility and grant amounts under CalFresh on a semiannual basis, as specified. Existing law states the intent of the Legislature to assign certification periods for CalFresh households that are the maximum number of months allowed under federal law based on the household’s circumstances, subject to a specified exception.
This bill would instead require the assignment of certification periods in the above-described manner, as specified, and would provide an additional exception, on a case-by-case basis only, for a household’s individual circumstances requiring a shorter certification period. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program.
(19) Existing law, the State Department of Health Services Cooperative Agreement Act, provides for the establishment of cooperative agreements between the State Department of Public Health and other public and private entities for the purposes of, among other things, simplifying the administration of public health programs by the department. The act requires cooperative agreements to be subject to review and approval by the Department of General Services with certain exceptions.
This bill would deem an agreement between the State Department of Social Services and a unit of local government, any other unit of state government, or a nonprofit organization that provides for a contract relating to outreach programs related to CalFresh and the Supplemental Nutrition Assistance Program: Nutrition Education and Obesity Prevention Grant Program to be a “cooperative agreement,” as defined. The bill would specify that these changes apply retroactively.
(20) Existing federal law establishes various disability benefits programs, including the Supplemental Security Income (SSI) program, under which cash assistance is provided to qualified low-income aged, blind, and disabled persons, and the Social Security Disability Insurance (SSDI) program, under which benefits are provided to persons with disabilities who have paid social security taxes. Existing federal law also provides for disability compensation for veterans under specified circumstances.
Existing state law provides for disability benefits programs, including the State Supplementary Program for the Aged, Blind, and Disabled (SSP), under which state funds are provided in supplementation of federal SSI benefits, and the Cash Assistance Program for Immigrants, which provides benefits to aged, blind, and disabled legal immigrants who meet specified criteria. Existing law also establishes various housing programs directed by the Department of Housing and Community Development, including special housing programs to provide housing assistance for persons with developmental and physical disabilities and persons with mental health disorders.
This bill would establish the Housing and Disability Income Advocacy Program under the administration of the State Department of Social Services, subject to an appropriation of funds in the annual Budget Act. The program would provide state grant funds to participating counties for the provision of outreach, case management, and advocacy services to assist clients who are homeless or at risk of becoming homeless to obtain disability benefits. The bill would require participating counties to provide housing assistance to these clients during their application periods for disability benefits programs, as specified. The bill would also require participating counties to annually report to the department regarding their funding of advocacy and outreach programs and use of state funding provided under the program, as specified. The bill would require the department to periodically inform the Legislature of the implementation progress of the program, to make related data available on the department’s Internet Web site, and to report to the Legislature by October 1, 2018, regarding the implementation of the program, as specified.
(21) Under existing law, benefit payments under SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount required, when added to the nonexempt income and SSI benefits available to the recipient, to provide the maximum benefit payment. Existing law prohibits, for each calendar year, commencing with the 2011 calendar year, any cost-of-living adjustment from being made to the maximum benefit payment unless otherwise specified by statute, except for the pass along of any cost-of-living increase in the federal SSI benefits. Existing law continuously appropriates funds for the implementation of SSP.
This bill, commencing January 1, 2017, would increase the amount of aid paid under SSP that is in effect on December 31, 2016, less the federal benefit portion received, by 2.76%. The bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.
(22) Existing law requires the State Department of Social Services and the State Department of Health Care Services to carry out specified duties relating the administration of foster care services.
The bill would require the State Department of Social Services and the State Department of Health Care Services, during the 2017 and 2018 legislative budget hearings, to update the legislative budget committees on activities taken by the departments to implement specified reform measures relating to foster care. The bill would also require the State Department of Social Services to convene stakeholders, including county placing agencies, providers, foster youth, and legislative staff, commencing no later than July 1, 2016, to discuss the adequacy of the proposed foster care rates and rate structure and the extent to which the rates will achieve the desired outcomes for those reform measures, to report to legislative budget committees, and to provide updated project costs, as specified.
(23) The bill would authorize the State Department of Social Services to adopt emergency regulations implementing specified provisions of the bill.
(24) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(25) Existing federal law provides for the allocation of federal funds through the federal TANF block grant program to eligible states. The state CalWORKs program is funded through a combination of federal funds received through the federal TANF block grant program and state and county funds. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
By expanding eligibility for, increasing assistance payments to recipients of, and adjusting funding formulas for counties providing benefits under, the CalWORKs program, and by providing funding for the Tribal Approved Relative Caregiver Funding Option Program, which is also funded by TANF, the bill would make an appropriation.
(26) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 155 of the Code of Civil Procedure is
2amended to read:
(a) (1) A superior court has jurisdiction under California
4law to make judicial determinations regarding the custody and
5care of children within the meaning of the federal Immigration
6and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec.
7204.11), which includes, but is not limited to, the juvenile, probate,
8and family court divisions of the superior court. These courts have
9jurisdiction to make the factual findings necessary to enable a child
10to petition the United States Citizenship and Immigration Services
11for classification as a special immigrant juvenile pursuant to
12Section 1101(a)(27)(J) of Title 8 of the United States Code.
13(2) The factual findings
set forth in paragraph (1) of subdivision
14(b) may be made at any point in a proceeding regardless of the
15division of the superior court or type of proceeding if the
16prerequisites of that subdivision are met.
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
5consist solely 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) The superior court may make additional findings under this
23section that are supported by evidence only if requested by a party.
24The asserted, purported, or perceived motivation of the child
25seeking classification as a special immigrant juvenile shall not be
26admissible in making the findings under this section. The court
27shall not include nor reference the asserted, purported, or perceived
28motivation of the child seeking classification as a special immigrant
29juvenile in the court’s findings under this section.
30(c) In any judicial proceedings in response to a request that the
31superior court make the findings necessary to support a petition
32for classification as a special immigrant juvenile, information
33regarding the child’s immigration status that is not
otherwise
34protected by state confidentiality laws shall remain confidential
35and shall be available for inspection only by the court, the child
36who is the subject of the proceeding, the parties, the attorneys for
37the parties, the child’s counsel, and the child’s guardian.
38(d) In any judicial proceedings in response to a request that the
39superior court make the findings necessary to support a petition
40for classification as a special immigrant juvenile, records of the
P13 1proceedings that are not otherwise protected by state confidentiality
2laws may be sealed using the procedure set forth in California
3Rules of Court 2.550 and 2.551.
4(e) The Judicial Council shall adopt any rules and forms needed
5to implement this section.
Section 11253.4 of the Welfare and Institutions Code
7 is amended to read:
(a) (1) On and after January 1, 2015, a child eligible
9for the Approved Relative Caregiver Funding Option Program in
10accordance with Section 11461.3 is not subject to the provisions
11of this chapter relating to CalWORKs, including, but not limited
12to, the provisions that relate to CalWORKs eligibility,
13welfare-to-work, time limits, or grant computation.
14(2) All of the following shall apply to a child specified in
15paragraph (1):
16(A) He or she shall receive the applicable regional CalWORKs
17grant for recipient in an assistance unit of one, pursuant to the
18exempt maximum aid payment set forth in Section
11450, and any
19changes to the CalWORKs grant amount shall apply to the grant
20described in this subparagraph.
21(B) Notwithstanding any other law, the CalWORKs grant of
22the child shall be paid by the county with payment responsibility
23as described in subdivision (b) of Section 11461.3, rather than the
24county of residence of the child, unless the child resides in the
25county with payment responsibility.
26(C) For an assistance unit described in subparagraph (A),
27eligibility shall be determined in accordance with paragraph (3)
28of subdivision (a) of Section 672 of Title 42 of the United States
29Code and state law implementing those requirements for the
30purposes of Article 5 (commencing with Section 11400).
31(D) (i) Article 7 (commencing with Section 11475.2), as
32modified by subdivisions (j) and (k) of Section 11461.3, shall apply
33to an assistance unit described in subparagraph (A).
34(ii) This subparagraph is intended by the Legislature to clarify
35existing law.
36(b) (1) Except as provided in paragraph (2), a person who is an
37approved relative caregiver with whom a child eligible in
38accordance with Section 11461.3 is placed shall be exempt from
39Chapter 4.6 (commencing with Section 10830) of Part 2 governing
40the statewide fingerprint imaging system.
P14 1(2) An approved relative caregiver who is also an applicant for
2or a recipient of benefits under this chapter shall comply with the
3
statewide fingerprint imaging system requirements.
4(c) Notwithstanding Sections 11004 and 11004.1 or any other
5law, overpayments to an assistance unit described in subparagraph
6(A) of paragraph (2) of subdivision (a) shall be collected in
7accordance with subdivision (d) of Section 11461.3.
8(d) If an approved relative caregiver with whom a child eligible
9in accordance with Section 11461.3 is placed is also an applicant
10for or a recipient of benefits under this chapter, all of the following
11shall apply:
12(1) The applicant or recipient and each eligible child, excluding
13any child eligible in accordance with Section 11461.3, shall receive
14aid in an assistance unit separate from the assistance unit described
15in subparagraph
(A) of paragraph (2) of subdivision (a), and the
16CalWORKs grant of the assistance unit shall be paid by the county
17of residence of the assistance unit.
18(2) For purposes of calculating the grant of the assistance unit,
19the number of eligible needy persons on which the grant is based
20pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
21not include any child eligible in accordance with Section 11461.3.
22(3) For purposes of calculating minimum basic standards of
23adequate care for the assistance unit, any child eligible in
24accordance with Section 11461.3 shall be included as an eligible
25needy person in the same family pursuant to paragraph (2) of
26subdivision (a) of Section 11452.
27(e) This section shall apply
retroactively to a child eligible for
28the Approved Relative Caregiver Funding Option Program and
29his or her approved relative caregiver as of January 1, 2015.
Section 11253.45 is added to the Welfare and
31Institutions Code, immediately following Section 11253.4, to read:
(a) (1) A child to whom Section 309, 361.45, or
3316519.5 applies, and who is placed in the home of a relative who
34has been approved as a resource family pursuant to Section
3516519.5, shall receive a grant that equals the resource family basic
36rate at the child’s assessed level of care, as set forth in subdivision
37(g) of Section 11461 and Section 11463. If the child is determined
38eligible for aid, the total grant shall be comprised of the
39CalWORKs grant plus an amount that, when combined with the
P15 1CalWORKs grant, equals the resource family basic rate at the
2child’s assessed level of care.
3(2) The non-CalWORKs portion of the grant provided in
4paragraph
(1) shall be paid from funds separate from funds
5appropriated in the annual Budget Act and counties’ share of costs
6for the CalWORKs program.
7(3) A child specified in paragraph (1) is not subject to the
8provisions of this chapter relating to CalWORKs, including, but
9not limited to, the provisions that relate to CalWORKs eligibility,
10welfare to work, child support enforcement, time limits, or grant
11computation.
12(4) All of the following shall apply to a child specified in
13paragraph (1):
14(A) He or she shall receive the applicable regional CalWORKs
15grant for a recipient in an assistance unit of one, pursuant to the
16exempt maximum aid payment set forth in Section 11450, and any
17changes to the CalWORKs grant amount shall
apply to the grant
18described in this subparagraph.
19(B) Notwithstanding any other law, the CalWORKs grant for
20the child shall be paid by the county with payment responsibility
21in accordance with paragraph (1) regardless of the county of
22residence of the child.
23(C) For an assistance unit described in subparagraph (A),
24eligibility shall be determined in accordance with paragraph (3)
25of subdivision (a) of Section 672 of Title 42 of the United States
26Code and state law implementing those requirements for the
27purposes of Article 5 (commencing with Section 11400).
28(b) (1) Except as provided in paragraph (2), a person applying
29for aid on behalf of a child described in paragraph (1) of
30subdivision (a),
shall be exempt from Chapter 4.6 (commencing
31with Section 10830) of Part 2 governing the statewide fingerprint
32imaging system.
33(2) A relative who is also an applicant for or a recipient of
34benefits under this chapter shall comply with the statewide
35fingerprint imaging system requirements.
36(c) Notwithstanding Sections 11004 and 11004.1 or any other
37law, overpayments to an assistance unit described in subparagraph
38(A) of paragraph (4) of subdivision (a) shall be collected using the
39standards and processes for overpayment recoupment as specified
P16 1in Section 11466.24, and recouped overpayments shall not be
2subject 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 aid
8in an assistance unit separate from the assistance unit described in
9subparagraph (A) of paragraph (4) of subdivision (a), and the
10CalWORKs grant of the assistance unit shall be paid by the county
11of 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.
Section 11320.15 of the Welfare and Institutions Code
26 is amended to read:
(a) After 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.
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.
Section 11320.15 is added to the Welfare and
39Institutions Code, to read:
(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.
Section 11320.32 of the Welfare and Institutions Code
10 is amended to read:
(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 Section 11320.3 and are not
15single 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 under one year of
26age, shall have the option of receiving grant payments, child care,
27and transportation services from the Temporary Assistance
28Program. The department shall notify all CalWORKs recipients
29and applicants meeting the exemption criteria specified in
30subdivision (b) of Section 11320.3, except for single parents with
31a child under the age of one year, of their option to receive benefits
32under the Temporary Assistance Program. Absent written
33indication that these recipients or applicants choose not to receive
34assistance from the Temporary Assistance Program, the department
35shall enroll CalWORKs recipients and applicants into the program.
36However,
exempt volunteers shall remain in the CalWORKs
37program unless they affirmatively indicate, in writing, their interest
38in enrolling in the Temporary Assistance Program. A Temporary
39Assistance Program recipient who no longer meets the exemption
P18 1criteria set forth in Section 11320.3 shall be enrolled in the
2CalWORKs 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.
29(f) This section shall become inoperative on June 30, 2016.
Section 11322.63 of the Welfare and Institutions Code
31 is amended to read:
(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
29
under 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.
4(h) This section shall become inoperative on July 1, 2016, and,
5as of January 1, 2017, is repealed, unless a later enacted statute,
6that becomes operative on or before January 1, 2017, deletes or
7extends the dates on which it becomes inoperative and is repealed.
Section 11322.64 of the Welfare and Institutions Code
9 is amended to read:
(a) (1) The department, in consultation with the
11County Welfare Directors Association of California, shall develop
12an allocation methodology to distribute additional funding for
13expanded subsidized employment programs for CalWORKs
14recipients.
15(2) Funds allocated pursuant to this section may be utilized to
16cover all expenditures related to the operational costs of the
17expanded subsidized employment program, including the cost of
18overseeing the program, developing work sites, and providing
19training to participants, as well as wage and nonwage costs.
20(3) The department, in consultation with the County
Welfare
21Directors Association of California, shall determine the amount
22or proportion of funding allocated pursuant to this section that may
23be utilized for operational costs, consistent with the number of
24employment slots anticipated to be created and the funding
25provided.
26(b) Funds allocated for expanded subsidized employment shall
27be in addition to, and independent of, the county allocations made
28pursuant to Section 15204.2 and shall not be used by a county to
29fund subsidized employment pursuant to Section 11322.63.
30(c) Each county shall submit to the department a plan regarding
31how it intends to utilize the funds allocated pursuant to this section.
32(d) (1) Participation in subsidized employment
pursuant to this
33section shall be limited to a maximum of six months for each
34participant.
35(2) Notwithstanding paragraph (1), a county may extend
36participation beyond the six-month limitation described in
37paragraph (1) for up to an additional three months at a time, to a
38maximum of no more than 12 total months. Extensions may be
39granted 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.
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.
Section 11322.64 is added to the Welfare and
36Institutions Code, to read:
(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 may
12be utilized for operational costs, consistent with the number of
13employment 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.
Section 11322.83 is added to the Welfare and
31Institutions Code, immediately following Section 11322.8, to read:
(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
39development board established under Section 3122 of Title 29 of
40the United States Code provides its approval that the career
P25 1pathway program meets the requirements of Section 3102(7) of
2Title 29 of the United States Code and the county verifies that the
3recipient is making satisfactory progress
in that program.
Section 11323.25 of the Welfare and Institutions
5Code is amended to read:
(a) In addition to its authority under subdivision (b)
7of Section 11323.2, if provided in a county plan, the county may
8continue to provide welfare-to-work services to former participants
9who became ineligible for CalWORKs benefits because they
10became employed under Section 11322.63 or 11322.64. The county
11may provide these services for up to the first 12 months of
12employment, to the extent they are not available from other sources
13and are needed for the individual to retain the subsidized
14employment.
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.
Section 11323.25 is added to the Welfare and
20Institutions Code, to read:
(a) In addition to its authority under subdivision (b)
22of Section 11323.2, if provided in a county plan, the county may
23continue to provide welfare-to-work services to former participants
24who became ineligible for CalWORKs benefits because they
25became 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.
Section 11402 of the Welfare and Institutions Code,
31as amended by Section 65 of Chapter 773 of the Statutes of 2015,
32is amended to read:
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
resource family, as defined in
4Section 16519.5, if either of the following is true:
5(1) The caregiver is a nonrelative.
6(2) The caregiver is a relative, and the child or youth is otherwise
7eligible for federal financial participation in the AFDC-FC
8payment.
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.
Section 11402 of the Welfare and Institutions Code,
35as added by Section 66 of Chapter 773 of the Statutes of 2015, is
36amended to read:
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
14Section 16519.5, if either of the following is true:
15(A) The caregiver is a nonrelative.
16(B) The caregiver is a relative, and the child or youth is
17otherwise eligible for federal financial participation in the
18AFDC-FC payment.
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.
Section 11450 of the Welfare and Institutions Code
6 is amended to read:
(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):
Number of |
Maximum |
---|---|
1 |
$ 326 |
2 |
535 |
3 |
663 |
4 |
788 |
5 |
899 |
6 |
1,010 |
7 |
1,109 |
8 |
1,209 |
9 |
1,306 |
10 or more |
1,403 |
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.
30(3) (A) (i) A nonrecurring special needs benefit of sixty-five
31dollars ($65) a day shall be available to families of up to four
32members for the costs of temporary shelter, subject to the
33requirements of this paragraph. The fifth and additional members
34of the family shall each receive fifteen dollars ($15) per day, up
35to a daily maximum of one hundred twenty-five dollars ($125).
36County welfare departments may increase the daily amount
37available for temporary shelter as necessary to secure the additional
38bedspace needed by the family.
39(ii) This special needs benefit shall be granted or denied
40immediately upon the family’s application for homeless assistance,
P32 1and benefits shall be available for up to three working days. The
2county
welfare department shall verify the family’s homelessness
3within the first three working days and if the family meets the
4criteria of questionable homelessness established by the
5department, the county welfare department shall refer the family
6to its early fraud prevention and detection unit, if the county has
7such a unit, for assistance in the verification of homelessness within
8this period.
9(iii) After homelessness has been verified, the three-day limit
10shall be extended for a period of time which, when added to the
11initial benefits provided, does not exceed a total of 16 calendar
12days. This extension of benefits shall be done in increments of one
13week and shall be based upon searching for permanent housing
14which shall be documented on a housing search form, good cause,
15or other circumstances defined by the department. Documentation
16of a
housing search shall be required for the initial extension of
17benefits beyond the three-day limit and on a weekly basis thereafter
18as long as the family is receiving temporary shelter benefits. Good
19cause shall include, but is not limited to, situations in which the
20county welfare department has determined that the family, to the
21extent it is capable, has made a good faith but unsuccessful effort
22to secure permanent housing while receiving temporary shelter
23benefits.
24(B) (i) A nonrecurring special needs benefit for permanent
25housing assistance is available to pay for last month’s rent and
26security deposits when these payments are reasonable conditions
27of securing a residence, or to pay for up to two months of rent
28arrearages, when these payments are a reasonable condition of
29preventing eviction.
30(ii) The last month’s rent or monthly arrearage portion of the
31payment (I) shall not exceed 80 percent of the family’s total
32monthly household income without the value of CalFresh benefits
33or special needs benefit for a family of that size and (II) shall only
34be made to families that have found permanent housing costing
35no more than 80 percent of the family’s total monthly household
36income without the value of CalFresh benefits or special needs
37benefit for a family of that size.
38(iii) However, if the county welfare department determines that
39a family intends to reside with individuals who will be sharing
40housing costs, the county welfare department shall, in appropriate
P33 1circumstances, set aside the condition specified in subclause (II)
2of clause (ii).
3(C) The nonrecurring special needs benefit for permanent
4housing assistance is also available to cover the standard costs of
5deposits for utilities which are necessary for the health and safety
6of the family.
7(D) A payment for or denial of permanent housing assistance
8shall be issued no later than one working day from the time that a
9family presents evidence of the availability of permanent housing.
10If an applicant family provides evidence of the availability of
11permanent housing before the county welfare department has
12established eligibility for aid under this chapter, the county welfare
13department shall complete the eligibility determination so that the
14denial of or payment for permanent housing assistance is issued
15within one working day from the submission of evidence of the
16availability
of permanent housing, unless the family has failed to
17provide all of the verification necessary to establish eligibility for
18aid under this chapter.
19(E) (i) Except as provided in clauses (ii) and (iii), eligibility
20for the temporary shelter assistance and the permanent housing
21assistance pursuant to this paragraph shall be limited to one period
22of up to 16 consecutive calendar days of temporary assistance and
23one payment of permanent assistance. Any family that includes a
24parent or nonparent caretaker relative living in the home who has
25previously received temporary or permanent homeless assistance
26at any time on behalf of an eligible child shall not be eligible for
27further homeless assistance. Any person who applies for homeless
28assistance benefits shall be informed that the temporary shelter
29benefit of up to 16
consecutive days is available only once in a
30lifetime, with certain exceptions, and that a break in the consecutive
31use of the benefit constitutes permanent exhaustion of the
32temporary benefit.
33(ii) A family that becomes homeless as a direct and primary
34result of a state or federally declared natural disaster shall be
35eligible for temporary and permanent homeless assistance.
36(iii) A family shall be eligible for temporary and permanent
37homeless assistance when homelessness is a direct result of
38domestic violence by a spouse, partner, or roommate; physical or
39mental illness that is medically verified that shall not include a
40diagnosis of alcoholism, drug addiction, or psychological stress;
P34 1or the uninhabitability of the former residence caused by sudden
2and unusual
circumstances beyond the control of the family
3including natural catastrophe, fire, or condemnation. These
4circumstances shall be verified by a third-party governmental or
5private health and human services agency, except that domestic
6violence may also be verified by a sworn statement by the victim,
7as provided under Section 11495.25. Homeless assistance payments
8based on these specific circumstances may not be received more
9often than once in any 12-month period. In addition, if the domestic
10violence is verified by a sworn statement by the victim, the
11homeless assistance payments shall be limited to two periods of
12not more than 16 consecutive calendar days of temporary assistance
13and two payments of permanent assistance. A county may require
14that a recipient of homeless assistance benefits who qualifies under
15this paragraph for a second time in a 24-month period participate
16in a homelessness avoidance
case plan as a condition of eligibility
17for homeless assistance benefits. The county welfare department
18shall immediately inform recipients who verify domestic violence
19by a sworn statement of the availability of domestic violence
20counseling and services, and refer those recipients to services upon
21request.
22(iv) If a county requires a recipient who verifies domestic
23violence by a sworn statement to participate in a homelessness
24avoidance case plan pursuant to clause (iii), the plan shall include
25the provision of domestic violence services, if appropriate.
26(v) If a recipient seeking homeless assistance based on domestic
27violence pursuant to clause (iii) has previously received homeless
28avoidance services based on domestic violence, the county shall
29review whether services were
offered to the recipient and consider
30what additional services would assist the recipient in leaving the
31domestic violence situation.
32(vi) The county welfare department shall report necessary data
33to the department through a statewide homeless assistance payment
34indicator system, as requested by the department, regarding all
35recipients of aid under this paragraph.
36(F) The county welfare departments, and all other entities
37participating in the costs of the CalWORKs program, have the
38right in their share to any refunds resulting from payment of the
39permanent housing. However, if an emergency requires the family
40to move within the 12-month period specified in subparagraph
P35 1(E), the family shall be allowed to use any refunds received from
2its deposits to meet the costs of moving
to another residence.
3(G) Payments to providers for temporary shelter and permanent
4housing and utilities shall be made on behalf of families requesting
5these payments.
6(H) The daily amount for the temporary shelter special needs
7benefit for homeless assistance may be increased if authorized by
8the current year’s Budget Act by specifying a different daily
9allowance and appropriating the funds therefor.
10(I) No payment shall be made pursuant to this paragraph unless
11the provider of housing is a commercial establishment, shelter, or
12person in the business of renting properties who has a history of
13renting properties.
14(g) The department shall establish rules and
regulations ensuring
15the uniform statewide application of this section.
16(h) The department shall notify all applicants and recipients of
17aid through the standardized application form that these benefits
18are available and shall provide an opportunity for recipients to
19apply for the funds quickly and efficiently.
20(i) (A) Except for the purposes of Section 15200, the amounts
21payable to recipients pursuant to Section 11453.1 shall not
22constitute part of the payment schedule set forth in subdivision
23(a).
24(B) The amounts payable to recipients pursuant to Section
2511453.1 shall not constitute income to recipients of aid under this
26section.
27(j) For children receiving Kin-GAP pursuant to Article 4.5
28(commencing with Section 11360) or Article 4.7 (commencing
29with Section 11385) there shall be paid, exclusive of any amount
30considered exempt as income, an amount of aid each month, which,
31when added to the child’s income, is equal to the rate specified in
32Sections 11364 and 11387.
33(k) (1) A county shall implement the semiannual reporting
34requirements in accordance with Chapter 501 of the Statutes of
352011 no later than October 1, 2013.
36(2) Upon completion of the implementation described in
37paragraph (1), each county shall provide a certificate to the director
38certifying that semiannual reporting has been implemented in the
39county.
P36 1(3) Upon filing the certificate described in paragraph (2), a
2county shall comply with the semiannual reporting provisions of
3this section.
4(l) This section shall become operative on July 1, 2015.
5(m) This section shall remain in effect only until January 1,
62017, and as of that date is repealed, unless a later enacted statute,
7that is enacted before January 1, 2017, deletes or extends that date.
Section 11450 is added to the Welfare and Institutions
9Code, to read:
(a) (1) (A) Aid shall be paid for each needy family,
11which shall include all eligible brothers and sisters of each eligible
12applicant or recipient child and the parents of the children, but
13shall not include unborn children, or recipients of aid under Chapter
143 (commencing with Section 12000), qualified for aid under this
15chapter. In determining the amount of aid paid, and notwithstanding
16the minimum basic standards of adequate care specified in Section
1711452, the family’s income, exclusive of any amounts considered
18exempt as income or paid pursuant to subdivision (e) or Section
1911453.1, determined for the prospective semiannual period
20pursuant to Sections 11265.1, 11265.2, and 11265.3,
and then
21calculated pursuant to Section 11451.5, shall be deducted from
22the sum specified in the following table, as adjusted for
23cost-of-living increases pursuant to Section 11453 and paragraph
24(2). In no case shall the amount of aid paid for each month exceed
25the sum specified in the following table, as adjusted for
26cost-of-living increases pursuant to Section 11453 and paragraph
27(2), plus any special needs, as specified in subdivisions (c), (e),
28and (f):
Number of |
Maximum |
---|---|
1 |
$ 326 |
2 |
535 |
3 |
663 |
4 |
788 |
5 |
899 |
6 |
1,010 |
7 |
1,109 |
8 |
1,209 |
9 |
1,306 |
10 or more |
1,403 |
9(B) If, when, and during those times that the United States
10government increases or decreases its
contributions in assistance
11of needy children in this state above or below the amount paid on
12July 1, 1972, the amounts specified in the above table shall be
13increased or decreased by an amount equal to that increase or
14decrease by the United States government, provided that no
15increase or decrease shall be subject to subsequent adjustment
16pursuant to Section 11453.
17(2) The sums specified in paragraph (1) shall not be adjusted
18for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
191994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
20October 31, 1998, nor shall that amount be included in the base
21 for calculating any cost-of-living increases for any fiscal year
22thereafter. Elimination of the cost-of-living adjustment pursuant
23to this paragraph shall satisfy the requirements of Section 11453.05,
24and no further
reduction shall be made pursuant to that section.
25(b) (1) When the family does not include a needy child qualified
26for aid under this chapter, aid shall be paid to a pregnant child who
27is 18 years of age or younger at any time after verification of
28pregnancy, in the amount that would otherwise be paid to one
29person, as specified in subdivision (a), if the child and her child,
30if born, would have qualified for aid under this chapter. Verification
31of pregnancy shall be required as a condition of eligibility for aid
32under this subdivision.
33(2) Notwithstanding paragraph (1), when the family does not
34include a needy child qualified for aid under this chapter, aid shall
35be paid to a pregnant woman for the month in which the birth is
36anticipated and for the
six-month period immediately prior to the
37month in which the birth is anticipated, in the amount that would
38otherwise be paid to one person, as specified in subdivision (a), if
39the woman and child, if born, would have qualified for aid under
P38 1this chapter. Verification of pregnancy shall be required as a
2condition of eligibility for aid under this subdivision.
3(3) Paragraph (1) shall apply only when the Cal-Learn Program
4is operative.
5(c) The amount of forty-seven dollars ($47) per month shall be
6paid to pregnant women qualified for aid under subdivision (a) or
7(b) to meet special needs resulting from pregnancy if the woman
8and child, if born, would have qualified for aid under this chapter.
9County welfare departments shall refer all recipients of aid under
10this subdivision to a
local provider of the Women, Infants, and
11Children program. If that payment to pregnant women qualified
12for aid under subdivision (a) is considered income under federal
13law in the first five months of pregnancy, payments under this
14subdivision shall not apply to persons eligible under subdivision
15(a), except for the month in which birth is anticipated and for the
16three-month period immediately prior to the month in which
17delivery is anticipated, if the woman and child, if born, would have
18qualified for aid under this chapter.
19(d) For children receiving AFDC-FC under this chapter, there
20shall be paid, exclusive of any amount considered exempt as
21income, an amount of aid each month that, when added to the
22child’s income, is equal to the rate specified in Section 11460,
2311461, 11462, 11462.1, or 11463. In addition, the child shall be
24eligible
for special needs, as specified in departmental regulations.
25(e) In addition to the amounts payable under subdivision (a)
26and Section 11453.1, a family shall be entitled to receive an
27allowance for recurring special needs not common to a majority
28of recipients. These recurring special needs shall include, but not
29be limited to, special diets upon the recommendation of a physician
30for circumstances other than pregnancy, and unusual costs of
31transportation, laundry, housekeeping services, telephone, and
32utilities. The recurring special needs allowance for each family
33per month shall not exceed that amount resulting from multiplying
34the sum of ten dollars ($10) by the number of recipients in the
35family who are eligible for assistance.
36(f) After a family has used all available liquid
resources, both
37exempt and nonexempt, in excess of one hundred dollars ($100),
38with the exception of funds deposited in a restricted account
39described in subdivision (a) of Section 11155.2, the family shall
P39 1also be entitled to receive an allowance for nonrecurring special
2needs.
3(1) An allowance for nonrecurring special needs shall be granted
4for replacement of clothing and household equipment and for
5emergency housing needs other than those needs addressed by
6paragraph (2). These needs shall be caused by sudden and unusual
7circumstances beyond the control of the needy family. The
8department shall establish the allowance for each of the
9nonrecurring special needs items. The sum of all nonrecurring
10special needs provided by this subdivision shall not exceed six
11hundred dollars ($600) per event.
12(2) (A) Homeless assistance is available to a homeless family
13seeking shelter when the family is eligible for aid under this
14chapter. Homeless assistance for temporary shelter is also available
15to homeless families that are apparently eligible for aid under this
16chapter. Apparent eligibility exists when evidence presented by
17the applicant, or that is otherwise available to the county welfare
18department, and the information provided on the application
19documents indicate that there would be eligibility for aid under
20this chapter if the evidence and information were verified.
21However, an alien applicant who does not provide verification of
22his or her eligible alien status, or a woman with no eligible children
23who does not provide medical verification of pregnancy, is not
24apparently eligible for purposes of this section.
25(B) A family is considered homeless, for the purpose of this
26section, when the family lacks a fixed and regular nighttime
27residence; or the family has a primary nighttime residence that is
28a supervised publicly or privately operated shelter designed to
29provide temporary living accommodations; or the family is residing
30in a public or private place not designed for, or ordinarily used as,
31a regular sleeping accommodation for human beings. A family is
32also considered homeless for the purpose of this section if the
33family has received a notice to pay rent or quit. The family shall
34demonstrate that the eviction is the result of a verified financial
35hardship as a result of extraordinary circumstances beyond their
36control, and not other lease or rental violations, and that the family
37is experiencing a financial crisis that could result in homelessness
38if
preventative assistance is not provided.
39(3) (A) (i) A nonrecurring special needs benefit of sixty-five
40dollars ($65) a day shall be available to families of up to four
P40 1members for the costs of temporary shelter, subject to the
2requirements of this paragraph. The fifth and additional members
3of the family shall each receive fifteen dollars ($15) per day, up
4to a daily maximum of one hundred twenty-five dollars ($125).
5County welfare departments may increase the daily amount
6available for temporary shelter as necessary to secure the additional
7bedspace needed by the family.
8(ii) This special needs benefit shall be granted or denied
9immediately upon the family’s application for homeless assistance,
10and benefits shall be available for up to three
working days. The
11county welfare department shall verify the family’s homelessness
12within the first three working days and if the family meets the
13criteria of questionable homelessness established by the
14department, the county welfare department shall refer the family
15to its early fraud prevention and detection unit, if the county has
16such a unit, for assistance in the verification of homelessness within
17this period.
18(iii) After homelessness has been verified, the three-day limit
19shall be extended for a period of time which, when added to the
20initial benefits provided, does not exceed a total of 16 calendar
21days. This extension of benefits shall be done in increments of one
22week and shall be based upon searching for permanent housing
23which shall be documented on a housing search form, good cause,
24or other circumstances defined by the
department. Documentation
25of a housing search shall be required for the initial extension of
26benefits beyond the three-day limit and on a weekly basis thereafter
27as long as the family is receiving temporary shelter benefits. Good
28cause shall include, but is not limited to, situations in which the
29county welfare department has determined that the family, to the
30extent it is capable, has made a good faith but unsuccessful effort
31to secure permanent housing while receiving temporary shelter
32benefits.
33(B) (i) A nonrecurring special needs benefit for permanent
34housing assistance is available to pay for last month’s rent and
35security deposits when these payments are reasonable conditions
36of securing a residence, or to pay for up to two months of rent
37arrearages, when these payments are a reasonable condition of
38preventing
eviction.
39(ii) The last month’s rent or monthly arrearage portion of the
40payment (I) shall not exceed 80 percent of the family’s total
P41 1monthly household income without the value of CalFresh benefits
2or special needs benefit for a family of that size and (II) shall only
3be made to families that have found permanent housing costing
4no more than 80 percent of the family’s total monthly household
5income without the value of CalFresh benefits or special needs
6benefit for a family of that size.
7(iii) However, if the county welfare department determines that
8a family intends to reside with individuals who will be sharing
9housing costs, the county welfare department shall, in appropriate
10circumstances, set aside the condition specified in subclause (II)
11of clause (ii).
12(C) The nonrecurring special needs benefit for permanent
13housing assistance is also available to cover the standard costs of
14deposits for utilities which are necessary for the health and safety
15of the family.
16(D) A payment for or denial of permanent housing assistance
17shall be issued no later than one working day from the time that a
18family presents evidence of the availability of permanent housing.
19If an applicant family provides evidence of the availability of
20permanent housing before the county welfare department has
21established eligibility for aid under this chapter, the county welfare
22department shall complete the eligibility determination so that the
23denial of or payment for permanent housing assistance is issued
24within one working day from the submission of evidence of the
25availability
of permanent housing, unless the family has failed to
26provide all of the verification necessary to establish eligibility for
27aid under this chapter.
28(E) (i) Except as provided in clauses (ii) and (iii), eligibility
29for the temporary shelter assistance and the permanent housing
30assistance pursuant to this paragraph shall be limited to one period
31of up to 16 consecutive calendar days of temporary assistance and
32one payment of permanent assistance every 12 months. A person
33who applies for homeless assistance benefits shall be informed
34that the temporary shelter benefit of up to 16 consecutive days is
35available only once every 12 months, with certain exceptions, and
36that a break in the consecutive use of the benefit constitutes
37exhaustion of the temporary benefit for that 12-month period.
38(ii) A family that becomes homeless as a direct and primary
39result of a state or federally declared natural disaster shall be
40eligible for temporary and permanent homeless assistance.
P42 1(iii) A family shall be eligible for temporary and permanent
2homeless assistance when homelessness is a direct result of
3domestic violence by a spouse, partner, or roommate; physical or
4mental illness that is medically verified that shall not include a
5diagnosis of alcoholism, drug addiction, or psychological stress;
6or, the uninhabitability of the former residence caused by sudden
7and unusual circumstances beyond the control of the family
8including natural catastrophe, fire, or condemnation. These
9circumstances shall be verified by a third-party governmental or
10private health and human services agency, except that domestic
11violence may also be verified by a
sworn statement by the victim,
12as provided under Section 11495.25. Homeless assistance payments
13based on these specific circumstances may not be received more
14often than once in any 12-month period. In addition, if the domestic
15violence is verified by a sworn statement by the victim, the
16homeless assistance payments shall be limited to two periods of
17not more than 16 consecutive calendar days of temporary assistance
18and two payments of permanent assistance. A county may require
19that a recipient of homeless assistance benefits who qualifies under
20this paragraph for a second time in a 24-month period participate
21in a homelessness avoidance case plan as a condition of eligibility
22for homeless assistance benefits. The county welfare department
23shall immediately inform recipients who verify domestic violence
24by a sworn statement of the availability of domestic violence
25counseling and services, and refer
those recipients to services upon
26request.
27(iv) If a county requires a recipient who verifies domestic
28violence by a sworn statement to participate in a homelessness
29avoidance case plan pursuant to clause (iii), the plan shall include
30the provision of domestic violence services, if appropriate.
31(v) If a recipient seeking homeless assistance based on domestic
32violence pursuant to clause (iii) has previously received homeless
33avoidance services based on domestic violence, the county shall
34review whether services were offered to the recipient and consider
35what additional services would assist the recipient in leaving the
36domestic violence situation.
37(vi) The county welfare department shall report necessary data
38to
the department through a statewide homeless assistance payment
39indicator system, as requested by the department, regarding all
40recipients of aid under this paragraph.
P43 1(F) The county welfare departments, and all other entities
2participating in the costs of the CalWORKs program, have the
3right in their share to any refunds resulting from payment of the
4permanent housing. However, if an emergency requires the family
5to move within the 12-month period specified in subparagraph
6(E), the family shall be allowed to use any refunds received from
7its deposits to meet the costs of moving to another residence.
8(G) Payments to providers for temporary shelter and permanent
9housing and utilities shall be made on behalf of families requesting
10these payments.
11(H) The daily amount for the temporary shelter special needs
12benefit for homeless assistance may be increased if authorized by
13the current year’s Budget Act by specifying a different daily
14allowance and appropriating the funds therefor.
15(I) No payment shall be made pursuant to this paragraph unless
16the provider of housing is a commercial establishment, shelter, or
17person in the business of renting properties who has a history of
18renting properties.
19(g) The department shall establish rules and regulations ensuring
20the uniform statewide application of this section.
21(h) The department shall notify all applicants and recipients of
22aid through the standardized application form that these benefits
23are available and
shall provide an opportunity for recipients to
24apply for the funds quickly and efficiently.
25(i) (A) Except for the purposes of Section 15200, the amounts
26payable to recipients pursuant to Section 11453.1 shall not
27constitute part of the payment schedule set forth in subdivision
28(a).
29(B) The amounts payable to recipients pursuant to Section
3011453.1 shall not constitute income to recipients of aid under this
31section.
32(j) For children receiving Kin-GAP pursuant to Article 4.5
33(commencing with Section 11360) or Article 4.7 (commencing
34with Section 11385) there shall be paid, exclusive of any amount
35considered exempt as income, an amount of aid each month, which,
36when added to the child’s
income, is equal to the rate specified in
37Sections 11364 and 11387.
38(k) (1) A county shall implement the semiannual reporting
39requirements in accordance with Chapter 501 of the Statutes of
402011 no later than October 1, 2013.
P44 1(2) Upon completion of the implementation described in
2paragraph (1), each county shall provide a certificate to the director
3certifying that semiannual reporting has been implemented in the
4county.
5(3) Upon filing the certificate described in paragraph (2), a
6county shall comply with the semiannual reporting provisions of
7this section.
8(l) This section shall become operative on January 1, 2017.
Section 11450.025 of the Welfare and Institutions
10Code is amended to read:
(a) (1) Notwithstanding any other law, effective
12on March 1, 2014, the maximum aid payments in effect on July
131, 2012, as specified in subdivision (b) of Section 11450.02, shall
14be increased by 5 percent.
15(2) Effective April 1, 2015, the maximum aid payments in effect
16on July 1, 2014, as specified in paragraph (1), shall be increased
17by 5 percent.
18(3) Effective October 1, 2016, the maximum aid payments in
19effect on July 1, 2016, as specified in paragraph (2), shall be
20increased by 1.43 percent.
21(4) (A) Effective
January 1, 2017, households eligible for aid
22under this chapter shall receive an increased aid payment consistent
23with the repeal of former Section 11450.04, as it read on January
241, 2016, known as the “maximum family grant rule.”
25(B) In recognition of the increased cost of aid payments resulting
26from that repeal, moneys deposited into the Child Poverty and
27Family Supplemental Support Subaccount shall be allocated to
28counties pursuant to Section 17601.50 as follows:
29(i) One hundred seven million forty-seven thousand dollars
30($107,047,000) for January 1, 2017, to June 30, 2017, inclusive.
31(ii) Two hundred twenty-three million four hundred fifty-four
32thousand dollars ($223,454,000) for the 2017-18 fiscal year and
33for every
fiscal year thereafter.
34(b) Commencing in 2014 and annually thereafter, on or before
35January 10 and on or before May 14, the Director of Finance shall
36do all of the following:
37(1) Estimate the amount of growth revenues pursuant to
38subdivision (f) of Section 17606.10 that will be deposited in the
39Child Poverty and Family Supplemental Support Subaccount of
40the Local Revenue Fund for the current fiscal year and the
P45 1following fiscal year and the amounts in the subaccount carried
2over from prior fiscal years.
3(2) For the current fiscal year and the following fiscal year,
4determine the total cost of providing the increases described in
5subdivision (a), as well as any other increase in the maximum aid
6payments subsequently
provided only under this section, after
7adjusting for updated projections of CalWORKs costs associated
8with caseload changes, as reflected in the local assistance
9subvention estimates prepared by the State Department of Social
10Services and released with the annual Governor’s Budget and
11subsequent May Revision update.
12(3) If the amount estimated in paragraph (1) plus the amount
13projected to be deposited for the current fiscal year into the Child
14Poverty and Family Supplemental Support Subaccount pursuant
15to subparagraph (3) of subdivision (e) of Section 17600.15 is
16greater than the amount determined in paragraph (2), the difference
17shall be used to calculate the percentage increase to the CalWORKs
18maximum aid payment standards that could be fully funded on an
19ongoing basis beginning the following fiscal year.
20(4) If the amount estimated in paragraph (1) plus the amount
21projected to be deposited for the current fiscal year into the Child
22Poverty and Family Supplemental Support Subaccount pursuant
23to subparagraph (3) of subdivision (e) of Section 17600.15 is equal
24to or less than the amount determined in paragraph (2), no
25additional increase to the CalWORKs maximum aid payment
26standards shall be provided in the following fiscal year in
27accordance with this section.
28(5) (A) Commencing with the 2014-15 fiscal year and for all
29fiscal years thereafter, if changes to the estimated amounts
30determined in paragraphs (1) or (2), or both, as of the May
31Revision, are enacted as part of the final budget, the Director of
32Finance shall repeat, using the same methodology used in
the May
33Revision, the calculations described in paragraphs (3) and (4) using
34the revenue projections and grant costs assumed in the enacted
35budget.
36(B) If a calculation is required pursuant to subparagraph (A),
37the Department of Finance shall report the result of this calculation
38to the appropriate policy and fiscal committees of the Legislature
39upon enactment of the Budget Act.
P46 1(c) An increase in maximum aid payments calculated pursuant
2to paragraph (3) of subdivision (b), or pursuant to paragraph (5)
3of subdivision (b) if applicable, shall become effective on October
41 of the following fiscal year.
5(d) (1) An increase in maximum aid payments provided in
6accordance with this section shall be
funded with growth revenues
7from the Child Poverty and Family Supplemental Support
8Subaccount in accordance with paragraph (3) of subdivision (e)
9of Section 17600.15 and subdivision (f) of Section 17606.10, to
10the extent funds are available in that subaccount.
11(2) If funds received by the Child Poverty and Family
12Supplemental Support Subaccount in a particular fiscal year are
13insufficient to fully fund any increases to maximum aid payments
14made pursuant to this section, the remaining cost for that fiscal
15year will be addressed through existing provisional authority
16included in the annual Budget Act. Additional increases to the
17maximum aid payments shall not be provided until and unless the
18ongoing cumulative costs of all prior increases provided pursuant
19to this section are fully funded by the Child Poverty and Family
20Supplemental
Support Subaccount.
21(e) Notwithstanding Section 15200, counties shall not be
22required to contribute a share of the costs to cover the increases
23to maximum aid payments made pursuant to this section.
Section 11450.04 of the Welfare and Institutions
25Code is amended to read:
(a) For purposes of determining the maximum aid
27payment specified in subdivision (a) of Section 11450 and for no
28other purpose, the number of needy persons in the same family
29shall not be increased for any child born into a family that has
30received aid under this chapter continuously for the 10 months
31prior to the birth of the child. For purposes of this section, aid shall
32be considered continuous unless the family does not receive aid
33during two consecutive months. This subdivision shall not apply
34to applicants for, or recipients of, aid unless notification is provided
35pursuant to this section.
36(b) This section shall not apply with respect
to any of the
37following children:
38(1) Any child who was conceived as a result of an act of rape,
39as defined in Sections 261 and 262 of the Penal Code, if the rape
40was reported to a law enforcement agency, medical or mental
P47 1health professional or social services agency prior to, or within
2three months after, the birth of the child.
3(2) Any child who was conceived as a result of an incestuous
4relationship if the relationship was reported to a medical or mental
5health professional or a law enforcement agency or social services
6agency prior to, or within three months after, the birth of the child,
7or if paternity has been established.
8(3) Any child who was conceived as a result of contraceptive
9failure if the parent was
using an intrauterine device, a Norplant,
10or the sterilization of either parent.
11(c) This section shall not apply to any child born on or before
12November 1, 1995.
13(d) (1) This section shall not apply to any child to whom it
14would otherwise apply if the family has not received aid for 24
15consecutive months while the child was living with the family.
16(2) This section shall not apply to any child conceived when
17either parent was a nonneedy caretaker relative.
18(3) This section shall not apply to any child who is no longer
19living in the same home with either parent.
20(e) One hundred
percent of any child support payment received
21for a child born into the family, but for whom the maximum aid
22payment is not increased pursuant to this section, shall be paid to
23the assistance unit. Any such child support payment shall not be
24considered as income to the family for the purpose of calculating
25the amount of aid for which the family is eligible under this article.
26(f) Commencing January 1, 1995, each county welfare
27department shall notify applicants for assistance under this chapter,
28in writing, of the provisions of this section. The notification shall
29also be provided to recipients of aid under this chapter, in writing,
30at the time of recertification, or sooner. The notification required
31by this section shall set forth the provisions of this section and
32shall state explicitly the impact these provisions would have on
33the future
aid to the assistance unit. This section shall not apply
34to any recipient’s child earlier than 12 months after the mailing of
35an informational notice as required by this subdivision.
36(g) (1) The department shall seek all appropriate federal waivers
37for the implementation of this section.
38(2) The department shall implement this section commencing
39on the date the Director of Social Services executes a declaration,
40that shall be retained by the director, stating that the administrative
P48 1actions required by paragraph (1) as a condition of implementation
2of this section have been taken by the United States Secretary of
3Health and Human Services.
4(h) Subdivisions (a) to (g), inclusive, shall become operative
5on
January 1, 1995.
6(i) This section shall remain in effect only until January 1, 2017,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2017, deletes or extends that date.
Section 11461.3 of the Welfare and Institutions Code
10 is amended to read:
(a) The Approved Relative Caregiver Funding Option
12Program is hereby established for the purpose of making the
13amount paid to approved relative caregivers for the in-home care
14of children placed with them who are ineligible for AFDC-FC
15payments equal to the amount paid on behalf of children who are
16eligible for AFDC-FC payments. This is an optional program for
17counties choosing to participate, and in so doing, participating
18counties agree to the terms of this section as a condition of their
19participation. It is the intent of the Legislature that the funding
20described in paragraph (1) of subdivision (g) for the Approved
21Relative Caregiver Funding Option Program be appropriated, and
22available for use from January through December of each year,
23unless
otherwise specified.
24(b) Subject to subdivision (e), effective January 1, 2015,
25participating counties shall pay an approved relative caregiver a
26per child per month rate in return for the care and supervision, as
27defined in subdivision (b) of Section 11460, of a child that is placed
28with the relative caregiver that is equal to the basic rate paid to
29foster care providers pursuant to subdivision (g) of Section 11461,
30if both of the following conditions are met:
31(1) The county with payment responsibility has notified the
32department in writing by October 1 of the year before participation
33begins of its decision to participate in the Approved Relative
34Caregiver Funding Option Program.
35(2) The related child placed in the
home meets all of the
36following requirements:
37(A) The child resides in California.
38(B) The child is described by subdivision (b), (c), or (e) of
39Section 11401 and the county welfare department or the county
P49 1probation department is responsible for the placement and care of
2the child.
3(C) The child is not eligible for AFDC-FC while placed with
4the approved relative caregiver because the child is not eligible
5for federal financial participation in the AFDC-FC payment.
6(c) Any income or benefits received by an eligible child or the
7approved relative caregiver on behalf of the eligible child that
8would be offset against the basic rate paid to a foster care provider
9pursuant
to subdivision (g) of Section 11461, shall be offset from
10any funds that are not CalWORKs funds paid to the approved
11relative caregiver pursuant to this section.
12(d) Participating counties shall recoup an overpayment in the
13Approved Relative Caregiver Funding Option Program received
14by an approved relative caregiver using the standards and processes
15for overpayment recoupment that are applicable to overpayments
16to an approved home of a relative, as specified in Section 11466.24.
17Recouped overpayments shall not be subject to remittance to the
18federal government. Any overpaid funds that are collected by the
19participating counties shall be remitted to the state after subtracting
20both of the following:
21(1) An amount not to exceed the county share of the CalWORKs
22portion of the
Approved Relative Caregiver Funding Option
23Program payment, if any.
24(2) Any other county funds that were included in the Approved
25Relative Caregiver Funding Option Program payment.
26(e) A county’s election to participate in the Approved Relative
27Caregiver Funding Option Program shall affirmatively indicate
28that the county understands and agrees to all of the following
29conditions:
30(1) Commencing October 1, 2014, the county shall notify the
31department in writing of its decision to participate in the Approved
32Relative Caregiver Funding Option Program. Failure to make
33timely notification, without good cause as determined by the
34department, shall preclude the county from participating in the
35program for the
upcoming calendar year. Annually thereafter, any
36county not already participating who elects to do so shall notify
37the department in writing no later than October 1 of its decision
38to participate for the upcoming calendar year.
39(2) The county shall confirm that it will make per child per
40month payments to all approved relative caregivers on behalf of
P50 1eligible children in the amount specified in subdivision (b) for the
2duration of the participation of the county in this program.
3(3) The county shall confirm that it will be solely responsible
4to pay any additional costs needed to make all payments pursuant
5to subdivision (b) if the state and federal funds allocated to the
6Approved Relative Caregiver Funding Option Program pursuant
7to paragraph (1) of subdivision(g) are insufficient to make all
8eligible
payments.
9(f) (1) A county deciding to opt out of the Approved Relative
10Caregiver Funding Option Program shall provide at least 120 days’
11prior written notice of that decision to the department. Additionally,
12the county shall provide at least 90 days’ prior written notice to
13the approved relative caregiver or caregivers informing them that
14his or her per child per month payment will be reduced and the
15date that the reduction will occur.
16(2) The department shall presume that all counties have opted
17out of the Approved Relative Caregiver Funding Option Program
18if the funding appropriated for the current 12-month period is
19reduced below the amount specified in subparagraph (B),
20subparagraph (C), or subparagraph (D) of paragraph(2) of
21subdivision (g) for that
12-month period, unless a county notifies
22the department in writing of its intent to opt in within 60 days of
23enactment of the State Budget. The counties shall provide at least
2490 days’ prior written notice to the approved relative caregiver or
25caregivers informing them that his or her per child per month
26payment will be reduced, and the date that reduction will occur.
27(3) Any reduction in payments received by an approved relative
28caregiver on behalf of a child under this section that results from
29a decision by a county, including the presumed opt-out pursuant
30to paragraph (2), to not participate in the Approved Relative
31Caregiver Funding Option Program shall be exempt from state
32hearing jurisdiction under Section 10950.
33(g) (1) The following funding shall
be used for the Approved
34Relative Caregiver Funding Option Program:
35(A) The applicable regional per-child CalWORKs grant, in
36accordance with subdivision (a) of Section 11253.4.
37(B) General Fund resources, as appropriated in paragraph (2).
38(C) County funds only to the extent required under paragraph
39(3) of subdivision (e).
P51 1(D) Funding described in subparagraphs (A) and (B) is intended
2to fully fund the base caseload of approved relative caregivers,
3which is defined as the number of approved relative caregivers
4caring for a child who is not eligible to receive AFDC-FC
5payments, as of July 1, 2014.
6(2) The
following amount is hereby appropriated from the
7General Fund as follows:
8(A) The sum of fifteen million dollars ($15,000,000), for the
9period of January 1, 2015, to June 30, 2015, inclusive.
10(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
11there shall be appropriated an amount equal to the sum of all of
12the following:
13(i) Two times the amount appropriated pursuant to subparagraph
14(A), inclusive of any increase pursuant to paragraph (3).
15(ii) The amount necessary to increase or decrease the
16CalWORKs funding associated with the base caseload described
17in subparagraph (D) of paragraph (1) to reflect any change from
18the prior fiscal year in the
applicable regional per-child CalWORKs
19grant described in subparagraph (A) of paragraph (1).
20(iii) The additional amount necessary to fully fund the base
21caseload described in subparagraph (D) of paragraph (1), reflective
22of the annual California Necessities Index increase to the basic
23rate paid to foster care providers.
24(C) For every 12-month period thereafter, commencing with
25the period of July 1, 2016, to June 30, 2017, inclusive, the sum of
26all of the following shall be appropriated for purposes of this
27section:
28(i) The total General Fund amount provided pursuant to this
29paragraph for the previous 12-month period.
30(ii) The amount necessary to increase or
decrease the
31CalWORKs funding associated with the base caseload described
32in subparagraph (D) of paragraph (1) to reflect any change from
33the prior fiscal year in the applicable regional per-child CalWORKs
34grant described in subparagraph (A) of paragraph (1).
35(iii) The additional amount necessary to fully fund the base
36caseload described in subparagraph (D) of paragraph (1), reflective
37of the annual California Necessities Index increase to the basic
38rate paid to foster care providers.
39(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
40and clauses (ii) and (iii) of subparagraph (C), the total General
P52 1Fund appropriation made pursuant to subparagraph (B) shall not
2be less than the greater of the following amounts:
3(i) Thirty million dollars ($30,000,000).
4(ii) Two times the amount appropriated pursuant to subparagraph
5(A), inclusive of any increase pursuant to paragraph (3).
6(3) To the extent that the appropriation made by subparagraph
7(A) of paragraph (2) is insufficient to fully fund the base caseload
8of approved relative caregivers as of July 1, 2014, as described in
9subparagraph (D) of paragraph (1), for the period of January 1,
102015, to June 30, 2015, inclusive, as jointly determined by the
11department and the County Welfare Directors’ Association and
12approved by the Department of Finance on or before October 1,
132015, the amount specified in subparagraph (A) of paragraph (2)
14shall be increased by the amount necessary to fully fund that base
15caseload.
16(4) Funds available pursuant to paragraph (2) shall be allocated
17to participating counties proportionate to the number of their
18approved relative caregiver placements, using a methodology and
19timing developed by the department, following consultation with
20county human services agencies and their representatives.
21(5) Notwithstanding subdivision (e), if in any calendar year the
22entire amount of funding appropriated by the state for the Approved
23Relative Caregiver Funding Option Program has not been fully
24allocated to or utilized by participating counties, a participating
25county that has paid any funds pursuant to subparagraph (C) of
26paragraph (1) of subdivision (g) may request reimbursement for
27those funds from the department. The authority of the department
28to approve the requests shall be limited by the amount of available
29unallocated
funds.
30(h) An approved relative caregiver receiving payments on behalf
31of a child pursuant to this section shall not be eligible to receive
32additional CalWORKs payments on behalf of the same child under
33Section 11450.
34(i) To the extent permitted by federal law, payments received
35by the approved relative caregiver from the Approved Relative
36Caregiver Funding Option Program shall not be considered income
37for the purpose of determining other public benefits.
38(j) Prior to referral of any individual or recipient, or that person’s
39case, to the local child support agency for child support services
40pursuant to Section 17415 of the Family Code, the county human
P53 1services agency shall determine if an applicant or recipient has
2good
cause for noncooperation, as set forth in Section 11477.04.
3If the applicant or recipient claims good cause exception at any
4subsequent time to the county human services agency or the local
5child support agency, the local child support agency shall suspend
6child support services until the county social services agency
7determines the good cause claim, as set forth in Section 11477.04.
8If good cause is determined to exist, the local child support agency
9shall suspend child support services until the applicant or recipient
10requests their resumption, and shall take other measures that are
11necessary to protect the applicant or recipient and the children. If
12the applicant or recipient is the parent of the child for whom aid
13is sought and the parent is found to have not cooperated without
14good cause as provided in Section 11477.04, the applicant’s or
15recipient’s family grant shall be reduced by 25 percent for the
time
16the failure to cooperate lasts.
17(k) Consistent with Section 17552 of the Family Code, if aid is
18paid under this chapter on behalf of a child who is under the
19jurisdiction of the juvenile court and whose parent or guardian is
20receiving reunification services, the county human services agency
21shall determine, prior to referral of the case to the local child
22support agency for child support services, whether the referral is
23in the best interest of the child, taking into account both of the
24following:
25(1) Whether the payment of support by the parent will pose a
26barrier to the proposed reunification in that the payment of support
27will compromise the parent’s ability to meet the requirements of
28the parent’s reunification plan.
29(2) Whether the payment of support by the parent will pose a
30barrier to the proposed reunification in that the payment of support
31will compromise the parent’s current or future ability to meet the
32financial needs of the child.
33(l) Effective January 1, 2017, if a relative has been approved as
34a resource family pursuant to Section 16519.5, the approved
35relative shall be paid an amount equal to the resource family basic
36rate at the child’s assessed level of care as set forth in subdivision
37(g) of Section 11461 and Section 11463.
Section 11461.4 is added to the Welfare and
39Institutions Code, to read:
(a) Notwithstanding any other law, a tribe that has
2entered into an agreement pursuant to Section 10553.1 may, subject
3to the provisions of this section, elect to participate in the Tribal
4Approved Relative Caregiver Funding Option Program.
5(b) (1) In return for the care and supervision of a child placed
6with an approved relative caregiver, a participating tribe shall pay
7the approved relative caregiver a per child per month rate that,
8when added to the tribal Temporary Aid to Needy Families (tribal
9TANF) benefit received by the approved relative caregiver on
10behalf of the child, shall equal the basic rate paid to a foster care
11provider pursuant
to subdivision (g) of Section 11461.
12(2) Payments made pursuant to paragraph (1) shall be made
13only if all of the following conditions exist:
14(A) The tribe has notified the department in writing of its
15decision to participate in the program, consistent with subdivision
16(c).
17(B) The child has been removed from the parent or guardian
18and has been placed into the placement and care responsibility of
19the tribal child welfare agency pursuant to a voluntary placement
20agreement or by the tribal court, consistent with the tribe’s Title
21IV-E agreement.
22(C) The child resides within California.
23(D) The
caregiver is receiving tribal TANF payments, or an
24application for tribal TANF has been made, on behalf of the child.
25(E) The child is not eligible for AFDC-FC while placed with
26the approved relative caregiver because the child is not eligible
27for federal financial participation in the AFDC-FC payment.
28(3) Any income or benefits received by an eligible child, or by
29the approved relative caregiver on behalf of an eligible child, which
30would be offset against a payment made to a foster care provider,
31shall be offset from the amount paid by the tribe under the program.
32This paragraph shall not apply to any tribal TANF payments
33received on behalf of an eligible child.
34(4) An approved relative caregiver receiving payments on
behalf
35of a child pursuant to this section shall not be eligible to receive
36CalWORKs payments on behalf of the same child under Section
3711450.
38(5) To the extent permitted by federal law, payments received
39by the approved relative caregiver from the program shall not be
P55 1considered income for the purpose of determining other public
2benefits.
3(c) (1) (A) A tribe electing to participate in the program in the
42016-17 fiscal year shall notify the department on or before
5October 1, 2016, that it intends to begin participation. Failure to
6make timely notification, without good cause as determined by
7the department, shall preclude the tribe from participating in the
8program for the 2016-17 fiscal year.
9(B) In any fiscal year after the 2016-17 fiscal year, a tribe
10electing to participate in the program shall notify the department
11on or before January 1 that it intends to begin participation on or
12after the following July 1. Failure to make timely notification,
13without good cause as determined by the department, shall preclude
14the tribe from participating in the program for the upcoming fiscal
15year.
16(2) As a condition of opting into the program, the tribe shall do
17all of the following:
18(A) Provide to the department the tribal TANF maximum aid
19payment (MAP) rate in effect at the time that the tribe elects to
20participate in the program, consistent with the tribe’s approved
21tribal TANF plan.
22(B) Provide
data necessary, as determined by the department
23in consultation with the tribe, to determine the base caseload for
24the tribe as of July 1, 2016, consistent with subdivision (d).
25(C) Agree to recoup overpayments to an approved relative
26caregiver utilizing the standards for determining whether an
27overpayment is recoupable, and the processes for overpayment
28recoupment, that are applicable to overpayments as described in
29the tribe’s Title IV-E agreement entered into pursuant to Section
3010553.1.
31(D) Agree that the tribe shall be solely responsible for any
32additional costs incurred in making payments under this section
33in the event that the funds allocated to a tribe from the
34appropriation made by the Legislature for the tribe’s participation
35in the program are not sufficient to
fully fund all payments
36specified in paragraph (1) of subdivision (b).
37(E) Agree to make child support referrals for program cases,
38consistent with processes applied by the tribe to Title IV-E program
39cases.
P56 1(3) The participating tribe shall provide the information specified
2in subparagraphs (A) and (B) of paragraph (2) at least 60 days
3prior to the date the tribe will begin participating in the program.
4(d) (1) In consultation with the participating tribe, the
5department shall determine the initial base caseload of the
6participating tribe, using the most recent available data provided
7by the tribe.
8(2) The department shall determine
the amount necessary to
9fund the base caseload of the participating tribe. The allocation
10methodology shall consider the tribal TANF rate of the
11participating tribe in effect on July 1, 2016.
12(e) (1) A tribe electing to opt out of the program shall provide
13at least 120 days’ prior written notice of that election to the
14department and at least 90 days’ prior written notice to all approved
15relative caregivers to whom the tribe is making payments under
16the program. The notice to caregivers shall specify the date on
17which the per child per month payment will be reduced and the
18date the tribe’s participation in the program will cease.
19(2) If the Legislature, for any given fiscal year, appropriates an
20amount less than that specified in paragraph (2) of subdivision (f),
21
the department shall presume that all participating tribes have
22opted out of the program for that fiscal year unless a tribe notifies
23the department in writing of its intent to opt in within 60 days of
24the enactment of the annual Budget Act. A tribe that does not elect
25to continue participating in the program shall provide the notice
26to caregivers specified in paragraph (1).
27(3) A tribe that has opted out of the program for any reason may
28resume participating in the program on July 1 of any year, upon
29providing the department with written notice on or before the
30preceding March 1 of its intent to resume participation.
31(f) (1) (A) The following funding shall be used for the program:
32(i) The tribe’s applicable per-child tribal TANF grant at the
33MAP rate in effect on July 1, 2016.
34(ii) General Fund resources, as specified in paragraph (2).
35(iii) Tribal funds only to the extent required under subparagraph
36(D) of paragraph (2) of subdivision (c).
37(B) Funding described in clauses (i) and (ii) of subparagraph
38(A) is intended to fully fund the base caseload of approved relative
39caregivers, which is defined as the number of approved relative
P57 1caregivers caring for a child who is not eligible to receive
2AFDC-FC payments as of July 1, 2016.
3(2) The following amounts are hereby appropriated from the
4General Fund:
5(A) For the 2016-17 fiscal year, the sum sufficient to fund the
6initial base caseload, as determined in subdivision (d), for tribes
7eligible for participation as of July 1, 2016.
8(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
9the sum of the following:
10(i) The total General Fund amount appropriated for the purposes
11of this section for the previous fiscal year.
12(ii) The additional amount necessary to fully fund the base
13caseload described in subparagraph (B) of paragraph (1), reflective
14of the annual California Necessities Index increase to the basic
15rate paid to foster care providers pursuant to subdivision (g) of
16Section 11461.
17(3) Funds specified in paragraph (2) shall be allocated to
18participating tribes proportionate to their number of approved
19relative caregiver placements, using a methodology and timing
20developed by the department, following consultation with
21participating tribes.
22(4) Notwithstanding subdivision (c), if in any fiscal year the
23entire amount of funding appropriated by the Legislature for the
24program has not been fully allocated to, or utilized by, participating
25tribes, a participating tribe that has paid any funds pursuant to
26subparagraph (D) of paragraph (2) of subdivision (c) may request
27reimbursement for those funds from the department. The authority
28of the department to approve the requests shall be limited by the
29amount of available unallocated funds.
30(g) If more than two eligible tribes elect to participate in the
31program and, as a result, the appropriation made pursuant to
32subdivision (f) is insufficient to fully fund the base caseload of
33approved relative caregivers, as jointly determined by the
34department and the participating tribes and approved by the
35Department of Finance, the amount specified in subdivision (f)
36shall be increased by the amount necessary to fully fund that base
37caseload.
38(h) For the purposes of this section, the following definitions
39apply:
P58 1(1) “Basic foster care rate” means the monthly rate paid to foster
2care providers pursuant to subdivision (g) of Section 11461.
3(2) “Program” means the Tribal Approved Relative Caregiver
4Funding Option Program established in this section.
5(3) “Relative” means an adult who is related to the child by
6blood, adoption, or affinity within the fifth degree of kinship,
7including stepparents, stepsiblings, and all relatives whose status
8is preceded by the words “great,” “great-great,” or “grand,” or the
9spouse of any of these persons even if the marriage was terminated
10by death or dissolution, or as otherwise established consistent with
11the tribe’s Title IV-E agreement.
12(4) “Tribe” means a federally-recognized Indian tribe,
13consortium of tribes, or tribal organization with an agreement
14pursuant to Section 10553.1.
Section 11465 of the Welfare and Institutions Code
16 is amended to read:
(a) When a child is living with a parent who receives
18AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
19behalf of the parent shall include an amount for care and
20supervision of the child.
21(b) For each category of eligible licensed community care
22facility, as defined in Section 1502 of the Health and Safety Code,
23the department shall adopt regulations setting forth a uniform rate
24to cover the cost of care and supervision of the child in each
25category of eligible licensed community care facility.
26(c) (1) On and after July 1, 1998, the uniform rate to cover the
27cost of care and supervision of a
child pursuant to this section shall
28be increased by 6 percent, rounded to the nearest dollar. The
29resultant amounts shall constitute the new uniform rate.
30(2) (A) On and after July 1, 1999, the uniform rate to cover the
31cost of care and supervision of a child pursuant to this section shall
32be adjusted by an amount equal to the California Necessities Index
33computed pursuant to Section 11453, rounded to the nearest dollar.
34The resultant amounts shall constitute the new uniform rate, subject
35to further adjustment pursuant to subparagraph (B).
36(B) In addition to the adjustment specified in subparagraph (A),
37on and after January 1, 2000, the uniform rate to cover the cost of
38care and supervision of a child pursuant to this section shall be
39increased by 2.36 percent,
rounded to the nearest dollar. The
40resultant amounts shall constitute the new uniform rate.
P59 1(3) Subject to the availability of funds, for the 2000-01 fiscal
2year and annually thereafter, these rates shall be adjusted for cost
3of living pursuant to procedures in Section 11453.
4(4) On and after January 1, 2008, the uniform rate to cover the
5cost of care and supervision of a child pursuant to this section shall
6be increased by 5 percent, rounded to the nearest dollar. The
7resulting amount shall constitute the new uniform rate.
8(5) Commencing July 1, 2016, the uniform rate to cover the
9cost of care and supervision of a child pursuant to this section shall
10be supplemented by an additional monthly amount of four hundred
11eighty-nine
dollars ($489). This monthly supplement shall only
12be provided if funding for this purpose is appropriated in the annual
13Budget Act.
14(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
15payment made pursuant to this section for care and supervision of
16a child who is living with a teen parent in a whole family foster
17home, as defined in Section 11400, shall equal the basic rate for
18children placed in a licensed or approved home as specified in
19subdivisions (a) to (d), inclusive, and subdivision (g), of Section
2011461.
21(2) (A) The amount paid for care and supervision of a dependent
22infant living with a dependent teen parent receiving AFDC-FC
23benefits in a group home placement shall equal the infant
24supplement rate for group
home placements.
25(B) Commencing January 1, 2017, the amount paid for care and
26supervision of a dependent infant living with a dependent teenage
27parent receiving AFDC-FC benefits in a short-term residential
28treatment center shall equal the infant supplement rate for
29short-term residential treatment centers established by the
30department.
31(3) (A) The caregiver shall provide the county child welfare
32agency or probation department with a copy of the shared
33responsibility plan developed pursuant to Section 16501.25 and
34shall advise the county child welfare agency or probation
35department of any subsequent changes to the plan. Once the plan
36has been completed and provided to the appropriate agencies, the
37payment made pursuant to this section shall be increased
by an
38additional two hundred dollars ($200) per month to reflect the
39increased care and supervision while he or she is placed in the
40whole family foster home.
P60 1(B) A nonminor dependent parent residing in a supervised
2independent living placement, as defined in subdivision (w) of
3Section 11400, who develops a written parenting support plan
4pursuant to Section 16501.26 shall provide the county child welfare
5agency or probation department with a copy of the plan and shall
6advise the county child welfare agency or probation department
7of any subsequent changes to the plan. The payment made pursuant
8to this section shall be increased by an additional two hundred
9dollars ($200) per month after all of the following have been
10satisfied:
11(i) The plan has been completed and provided to
the appropriate
12county agency.
13(ii) The plan has been approved by the appropriate county
14agency.
15(iii) The county agency has determined that the identified
16responsible adult meets the criteria specified in Section 16501.27.
17(4) In a year in which the payment provided pursuant to this
18section is adjusted for the cost of living as provided in paragraph
19(1) of subdivision (c), the payments provided for in this subdivision
20shall also be increased by the same procedures.
21(5) A Kin-GAP relative who, immediately prior to entering the
22Kin-GAP program, was designated as a whole family foster home
23shall receive the same payment amounts for the care and
24supervision
of a child who is living with a teen parent they received
25in foster care as a whole family foster home.
26(6) On and after January 1, 2012, the rate paid for a child living
27with a teen parent in a whole family foster home as defined in
28Section 11400 shall also be paid for a child living with a nonminor
29dependent parent who is eligible to receive AFDC-FC or Kin-GAP
30pursuant to Section 11403.
Section 12201.06 is added to the Welfare and
32Institutions Code, immediately following Section 12201.05, to
33read:
Commencing January 1, 2017, the amount of aid
35paid pursuant to this article, in effect on December 31, 2016, less
36the federal benefit portion received under Part A of Title XVI of
37the federal Social Security Act, shall be increased by 2.76 percent.
Section 12301.02 of the Welfare and Institutions
39Code is amended to read:
(a) (1) Notwithstanding any other law, except as
2provided in subdivisions (c) and (e), the department shall
3implement a 7-percent reduction in hours of service to each
4recipient of services under this article, which shall be applied to
5the recipient’s hours as authorized pursuant to the most recent
6assessment. This reduction shall become effective 12 months after
7the implementation of the reduction set forth in Section 12301.01.
8The reduction required by this section shall not preclude any
9reassessment to which a recipient would otherwise be entitled.
10However, hours authorized pursuant to a reassessment shall be
11subject to the 7-percent reduction required by this section.
12(2) A request for reassessment based only on the reduction
13required in paragraph (1) may be administratively denied by the
14county.
15(3) A recipient of services under this article may direct the
16manner in which the reduction of hours is applied to the recipient’s
17previously authorized services.
18(4) For those individuals who have a documented unmet need,
19excluding protective supervision because of the limitations on
20authorized hours under Section 12303.4, the reduction shall be
21taken first from the documented unmet need.
22(b) The notice of action informing the recipient of the reduction
23pursuant to subdivision (a) shall be mailed at least 20 days prior
24to the reduction going into effect. The notice of action shall
be
25understandable to the recipient and translated into all languages
26spoken by a substantial number of the public served by the
27In-Home Supportive Services program, in accordance with Section
287295.2 of the Government Code. The notice shall not contain any
29recipient financial or confidential identifying information other
30than the recipient’s name, address, and Case Management
31Information and Payroll System (CMIPS) client identification
32number, and shall include, but not be limited to, all of the following
33information:
34(1) The aggregate number of authorized hours before the
35reduction pursuant to subdivision (a) and the aggregate number of
36authorized hours after the reduction.
37(2) That the recipient may direct the manner in which the
38reduction of authorized hours is
applied to the recipient’s
39previously authorized services.
P62 1(3) A county shall assess a recipient’s need for supportive
2services any time that the recipient notifies the county of a need
3to adjust the supportive services hours authorized, or when there
4are other indications or expectations of a change in circumstances
5affecting the recipient’s need for supportive services. Counties
6shall not require recipients to submit a medical certification form
7or a doctor’s note to show evidence of a change in the recipient’s
8circumstances.
9(c) A recipient shall have all appeal rights otherwise provided
10for under Chapter 7 (commencing with Section 10950) of Part 2.
11(d) The reduction specified in paragraph (1) of subdivision (a)
12shall
be ongoing and may be adjusted pursuant to Section 12301.03.
13(e) (1) The reduction specified in paragraph (1) of subdivision
14(a) shall be suspended until July 1, 2019, if the managed care
15organization provider tax imposed pursuant to Article 6.7
16(commencing with Section 14199.50) of Chapter 7 remains
17operative.
18(2) Notwithstanding paragraph (1), if the managed care
19organization provider tax imposed pursuant to Article 6.7
20(commencing with Section 14199.50) of Chapter 7 ceases to be
21operative for any reason, the reduction specified in paragraph (1)
22of subdivision (a) shall be reinstated effective no later than the
23first day of the first full month occurring 90 days after the date on
24which the managed care organization provider tax ceases to be
25operative.
26(3) Notwithstanding the Administrative Procedure Act (Chapter
273.5 (commencing with Section 11340) of Part 1 of Division 3 of
28Title 2 of the Government Code), the department may implement
29this subdivision through an all-county letter or similar instructions
30from the director until January 1, 2020.
Section 15200 of the Welfare and Institutions Code
32 is amended to read:
There is hereby appropriated out of any money in the
34State Treasury not otherwise appropriated the following sums:
35(a) To each county for the support and maintenance of needy
36children, the sums specified in subdivisions (a), (e), and (f) of
37Section 11450, after subtracting all the following amounts:
38(1) (A) Except as described in subparagraph (B), a 2.5-percent
39county share of cost.
P63 1(B) If Section 1613 of Title 8 of the United States Code applies,
2a 5-percent county share of cost.
3(C) The county share described in this paragraph shall not apply
4to increases in maximum aid payments made in accordance with
5Section 11450.025.
6(2) Federal funds utilized for this purpose.
7(3) The amount allocated to each county from the Family
8Support Subaccount pursuant to Section 17601.75.
9(4) The amount allocated to each county from the Child Poverty
10and Family Supplemental Support Subaccount pursuant to Section
1117601.50.
12(5) The amount allocated to each county from the CalWORKs
13Maintenance of Effort Subaccount pursuant to Section 17601.25.
14(b) To each county for the support and
maintenance of pregnant
15mothers, the sums specified in subdivisions (b) and (c) of Section
1611450 after subtracting all of the following amounts:
17(1) (A) Except as described in subparagraph (B), a 2.5-percent
18county share of cost.
19(B) If Section 1613 of Title 8 of the United States Code applies,
20a 5-percent county share of cost.
21(C) The county share described in this paragraph shall not apply
22to increases in maximum aid payments made in accordance with
23Section 11450.025.
24(2) Federal funds utilized for this purpose.
25(3) The amount allocated to each county from the Family
26Support
Subaccount pursuant to Section 17601.75.
27(4) The amount allocated to each county from the Child Poverty
28and Family Supplemental Support Subaccount pursuant to Section
2917601.50.
30(5) The amount allocated to each county from the CalWORKs
31Maintenance of Effort Subaccount pursuant to Section 17601.25.
32(c) After deducting federal funds available for the adequate care
33of each child pursuant to subdivision (d) of Section 11450, as
34follows:
35(1) Prior to the 2011-12 fiscal year, an amount equal to 40
36percent of the sum necessary for the adequate care of each child.
37(2) Notwithstanding paragraph (1), beginning in
the 2011-12
38fiscal year, and for each fiscal year thereafter, funding and
39expenditures for programs and activities under this subdivision
P64 1shall be in accordance with the requirements provided in Sections
230025 and 30026.5 of the Government Code.
3(d) (1) Prior to the 2011-12 fiscal year for each county for the
4support and care of hard-to-place adoptive children, and after
5deducting federal funds available, 75 percent of the nonfederal
6share of the amount specified in Section 16121.
7(2) Notwithstanding paragraph (1), beginning in the 2011-12
8fiscal year, and for each fiscal year thereafter, funding and
9expenditures for programs and activities under this subdivision
10shall be in accordance with the requirements provided in Sections
1130025 and 30026.5 of the
Government Code.
Section 15200.15 of the Welfare and Institutions
13Code is repealed.
Section 16501.9 is added to the Welfare and
15Institutions Code, to read:
(a) (1) The Legislature hereby finds and declares
17the Child Welfare Services-New System (CWS-NS) is the most
18important system in the state for child welfare services staff to
19ensure the safety and well-being of California’s children. The State
20of California has embarked upon on an agile procurement of the
21CWS-NS.
22(2) The Legislature further finds and declares that this approach
23requires significant engagement with the end user throughout the
24life of the system, including the county human services agencies
25and child welfare services and probation staff.
26(b) (1) The State Department of Social Services and the Office
27of Systems Integration (OSI), in collaboration with the County
28Welfare Directors Association (CWDA), shall seek resources to
29enable the necessary level of engagement by the counties in the
30CWS-NS agile development and maintenance process to prevent
31the disruption of services to families and children at risk. This shall
32include, but not be limited to, timely and expeditious execution of
33contracts and contract amendments for participation in this effort,
34effective monitoring and evaluation of the CWS-NS effort, and
35implementation of mitigation strategies for risks and issues arising
36in the procurement, development, implementation, or operation
37of digital services pursuant to this section.
38(2) The department and OSI shall provide a voting seat on all
39governance bodies of the
CWS-NS for a CWDA representative
P65 1and shall support and provide necessary accommodation for the
2stationing of county representatives at the project site.
3(3) The department and OSI shall continue to provide monthly
4updates to the Legislature and to stakeholders, including CWDA,
5regarding efforts to develop and implement the CWS-NS. The
6updates shall include, but not be limited to, (A) the vacancy rate,
7the duration of each vacant position and its classification, and the
8status of efforts to fill the position, (B) challenges with recruiting
9and retaining qualified staff and a description of efforts to resolve
10the issues, (C) challenges with procurement, including any delays,
11and a description of efforts to resolve the issues, (D) any issues or
12risks, including, but not limited to, pending state and federal
13approvals and impacts on county child
welfare programs that may
14jeopardize the project’s completion or result in delays relative to
15the approved project schedule, budget, and scope, and (E) progress
16on the project, by digital service (module) along with a description
17of each digital service, and projected completion dates for any
18significant upcoming project milestones. Following the effective
19date of this section, a list of newly executed contracts, their
20purpose, and amounts shall be added to the monthly update.
21(4) The department and OSI, in coordination with CWDA and
22the Department of Technology, shall convene a regularly scheduled
23quarterly forum to provide project updates to stakeholders and
24legislative staff. These forums shall include updates on (A) the
25progress of the CWS-NS development and implementation, (B)
26expenditures incurred to date, (C) significant issues and
risks
27overcome in the last quarter and significant issues and risks
28presently being addressed, (D) upcoming project milestones and
29significant events, (E) how the agile approach has affected the
30project’s overall cost and schedule, (F) how the Department of
31Technology’s approval and oversight processes are being applied
32to the agile implementation approach, and (G) how lessons learned
33from the agile implementation of the CWS-NS project can be
34leveraged by other state IT projects.
35(c) The existing Child Welfare Services Case Management
36System (CWS/CMS) operations and functionality shall be
37maintained at a level at least commensurate with its December
382015 status and shall not be decommissioned prior to the full
39statewide implementation of the CWS-NS in all counties. Full
40statewide implementation is defined as after all existing CWS/CMS
P66 1functionality
has been replaced in CWS-NS and has been
2implemented in all 58 counties for a minimum of six months with
3no significant (noncosmetic) defects outstanding.
Section 16519.5 of the Welfare and Institutions Code
5 is amended to read:
(a) The State Department of Social Services, in
7consultation with county child welfare agencies, foster parent
8associations, and other interested community parties, shall
9implement a unified, family friendly, and child-centered resource
10family approval process to replace the existing multiple processes
11for licensing foster family homes, approving relatives and
12nonrelative extended family members as foster care providers, and
13approving adoptive families.
14(b) (1) Counties shall be selected to participate on a voluntary
15basis as early implementation counties for the purpose of
16participating in the initial development of the approval process.
17Early
implementation counties shall be selected according to
18criteria developed by the department in consultation with the
19County Welfare Directors Association. In selecting the five early
20implementation counties, the department shall promote diversity
21among the participating counties in terms of size and geographic
22location.
23(2) Additional counties may participate in the early
24implementation of the program upon authorization by the
25department.
26(c) (1) For the purposes of this chapter, “resource family” means
27an individual or couple that a participating county or foster family
28agency, as defined in subdivision (g) of Section 11400 of this code,
29and paragraph (4) of subdivision (a) of Section 1502 of the Health
30and Safety Code, determines to have
successfully met both the
31home environment assessment standards and the permanency
32assessment criteria adopted pursuant to subdivision (d) necessary
33for providing care for a related or unrelated child who is under the
34jurisdiction of the juvenile court, or otherwise in the care of a
35county child welfare agency or probation department. A resource
36family shall demonstrate all of the following:
37(A) An understanding of the safety, permanence, and well-being
38needs of children who have been victims of child abuse and neglect,
39and the capacity and willingness to meet those needs, including
40the need for protection, and the willingness to make use of support
P67 1resources offered by the agency, or a support structure in place,
2or both.
3(B) An understanding of children’s needs and development,
4effective
parenting skills or knowledge about parenting, and the
5capacity to act as a reasonable, prudent parent in day-to-day
6decisionmaking.
7(C) An understanding of his or her role as a resource family and
8the capacity to work cooperatively with the agency and other
9service providers in implementing the child’s case plan.
10(D) The financial ability within the household to ensure the
11stability and financial security of the family.
12(E) An ability and willingness to provide a family setting that
13promotes normal childhood experiences that serves the needs of
14the child.
15(2) Subsequent to meeting the criteria set forth in this
16subdivision and designation as a resource
family, a resource family
17shall be considered eligible to provide foster care for related and
18unrelated children in out-of-home placement, shall be considered
19approved for adoption or guardianship, and shall not have to
20undergo any additional approval or licensure as long as the family
21lives in a county participating in the program.
22(3) Resource family approval means that the applicant
23successfully meets the home environment assessment and
24permanency assessment standards. This approval is in lieu of the
25existing foster care license, relative or nonrelative extended family
26member approval, and the adoption home study approval.
27(4) Approval of a resource family does not guarantee an initial
28or continued placement of a child with a resource family.
29(5) Notwithstanding paragraphs (1) to (4), inclusive, the
30department or county may cease any further review of an
31application if the applicant has had a previous application denial
32within the preceding year, or if the applicant has had a previous
33rescission, revocation, or exemption denial or rescission by the
34department or county within the preceding two years. However,
35the department or county may continue to review an application
36if it has determined that the reasons for the previous denial,
37rescission, or revocation were due to circumstances and conditions
38that either have been corrected or are no longer in existence. If an
39individual was excluded from a resource family home or facility
40licensed by the department, the department or county shall cease
P68 1review of the individual’s application unless the excluded
2individual has been
reinstated pursuant to Section 11522 of the
3Government Code. The cessation of review shall not constitute a
4denial of the application for purposes of this section or any other
5law.
6(d) Prior to implementation of this program, the department
7shall adopt standards pertaining to the home environment and
8permanency assessments of a resource family.
9(1) Resource family home environment assessment standards
10shall include, but not be limited to, all of the following:
11(A) (i) Criminal records clearance of all adults residing in, or
12regularly present in, the home, and not exempted from
13fingerprinting, as set forth in subdivision (b) of Section 1522 of
14the Health and Safety Code, pursuant to Section 8712 of the
Family
15Code, utilizing a check of the Child Abuse Central Index (CACI),
16and receipt of a fingerprint-based state and federal criminal
17offender record information search response. The criminal history
18information shall include subsequent notifications pursuant to
19Section 11105.2 of the Penal Code.
20(ii) Consideration of any substantiated allegations of child abuse
21or neglect against either the applicant or any other adult residing
22in the home. An approval may not be granted to applicants whose
23criminal record indicates a conviction for any of the offenses
24specified in subdivision (g) of Section 1522 of the Health and
25Safety Code.
26(iii) If the resource family parent, applicant, or any other person
27specified in subdivision (b) of Section 1522 of the Health and
28Safety Code
has been convicted of a crime other than a minor
29traffic violation, except for the civil penalty language, the criminal
30background check provisions specified in subdivisions (d) through
31(f) of Section 1522 of the Health and Safety Code shall apply.
32Exemptions from the criminal records clearance requirements set
33forth in this section may be granted by the director or the early
34implementation county, if that county has been granted permission
35by the director to issue criminal records exemptions pursuant to
36Section 361.4, using the exemption criteria currently used for foster
37care licensing as specified in subdivision (g) of Section 1522 of
38the Health and Safety Code.
P69 1(iv) For public foster family agencies approving resource
2families, the criminal records clearance process set forth in clause
3(i) shall be utilized.
4(v) For private foster family agencies approving resource
5families, the criminal records clearance process set forth in clause
6(i) shall be utilized, but the Department of Justice shall disseminate
7a fitness determination resulting from the federal criminal offender
8record information search.
9(B) Buildings and grounds and storage requirements set forth
10in Sections 89387 and 89387.2 of Title 22 of the California Code
11of Regulations.
12(C) In addition to the foregoing requirements, the resource
13family home environment assessment standards shall also require
14the following:
15(i) That the applicant demonstrates an understanding about the
16rights of children in
care and his or her responsibility to safeguard
17those rights.
18(ii) That the total number of children residing in the home of a
19resource family shall be no more than the total number of children
20the resource family can properly care for, regardless of status, and
21shall not exceed six children, unless exceptional circumstances
22that are documented in the foster child’s case file exist to permit
23a resource family to care for more children, including, but not
24limited to, the need to place siblings together.
25(iii) That the applicant understands his or her responsibilities
26with respect to acting as a reasonable and prudent parent, and
27maintaining the least restrictive environment that serves the needs
28of the child.
29(2) The resource family permanency assessment standards shall
30include, but not be limited to, all of the following:
31(A) The applicant shall complete caregiver training.
32(B) (i) The applicant shall complete a psychosocial assessment,
33which shall include the results of a risk assessment.
34(ii) A caregiver risk assessment shall include, but shall not be
35limited to, physical and mental health, alcohol and other substance
36use and abuse, family and domestic violence, and the factors listed
37in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
38(C) The applicant shall complete any other activities that relate
39to a resource family’s
ability to achieve permanency with the child.
P70 1(e) (1) A child may be placed with a resource family that has
2successfully completed the home environment assessment prior
3to completion of a permanency assessment only if a compelling
4reason for the placement exists based on the needs of the child.
5(2) The permanency assessment shall be completed within 90
6days of the child’s placement in the home, unless good cause exists
7based upon the needs of the child.
8(3) If additional time is needed to complete the permanency
9assessment, the county shall document the extenuating
10circumstances for the delay and generate a timeframe for the
11completion of the permanency assessment.
12(4) The county shall report to the department on a quarterly
13basis the number of families with a child in an approved home
14whose permanency assessment goes beyond 90 days and
15summarize the reasons for these delays.
16(5) A child may be placed with a relative, as defined in Section
17319, or nonrelative extended family member, as defined in Section
18362.7, prior to applying as a resource family only on an emergency
19basis if all of the following requirements are met:
20(A) Consideration of the results of a criminal records check
21conducted pursuant to Section 16504.5 of the relative or nonrelative
22extended family member and of every other adult in the home.
23(B) Consideration of the results of the Child Abuse Central
24Index
(CACI) consistent with Section 1522.1 of the Health and
25Safety Code of the relative or nonrelative extended family member,
26and of every other adult in the home.
27(C) The home and grounds are free of conditions that pose undue
28risk to the health and safety of the child.
29(D) For any placement made pursuant to this paragraph, the
30county shall initiate the home environment assessment no later
31than five business days after the placement, which shall include a
32face-to-face interview with the resource family applicant and child.
33(E) For any placement made pursuant to this paragraph,
34AFDC-FC funding shall not be available until approval of the
35resource family has been completed.
36(F) Any child placed under this section shall be afforded all the
37rights set forth in Section 16001.9.
38(f) The State Department of Social Services shall be responsible
39for all of the following:
P71 1(1) Selecting early implementation counties, based on criteria
2established by the department in consultation with the County
3Welfare Directors Association.
4(2) Establishing timeframes for participating counties to submit
5an implementation plan, enter into terms and conditions for
6participation in the program, train appropriate staff, and accept
7applications from resource families.
8(3) Entering into terms and conditions for participation in the
9program by
counties.
10(4) Administering the program through the issuance of written
11directives that shall have the same force and effect as regulations.
12Any directive affecting Article 1 (commencing with Section 700)
13of Chapter 7 of Title 11 of the California Code of Regulations shall
14be approved by the Department of Justice. The directives shall be
15exempt from the rulemaking provisions of the Administrative
16Procedure Act (Chapter 3.5 (commencing with Section 11340))
17of Part 1 of Division 3 of Title 2 of the Government Code.
18(5) Approving and requiring the use of a single standard for
19resource family approval.
20(6) Adopting and requiring the use of standardized
21documentation for the home environment and permanency
22assessments
of resource families.
23(7) Requiring counties to monitor resource families including,
24but not limited to, all of the following:
25(A) Investigating complaints of resource families.
26(B) Developing and monitoring resource family corrective action
27plans to correct identified deficiencies and to rescind resource
28family approval if compliance with corrective action plans is not
29achieved.
30(8) Ongoing oversight and monitoring of county systems and
31operations including all of the following:
32(A) Reviewing the county’s implementation of the program.
33(B) Reviewing an adequate number of approved resource
34families in each participating county to ensure that approval
35standards are being properly applied. The review shall include
36case file documentation, and may include onsite inspection of
37individual resource families. The review shall occur on an annual
38basis, and more frequently if the department becomes aware that
39a participating county is experiencing a disproportionate number
40of complaints against individual resource family homes.
P72 1(C) Reviewing county reports of serious complaints and
2incidents involving approved resource families, as determined
3necessary by the department. The department may conduct an
4independent review of the complaint or incident and change the
5findings depending on the results of its investigation.
6(D) Investigating unresolved complaints against participating
7counties.
8(E) Requiring corrective action of counties that are not in full
9compliance with the terms and conditions of the program.
10(9) Updating the Legislature on the early implementation phase
11of the program, including the status of implementation, successes,
12and challenges during the early implementation phase, and relevant
13available data, including resource family satisfaction.
14(10) Implementing due process procedures, including all of the
15following:
16(A) Providing a statewide fair hearing process for denials,
17rescissions, or exclusion actions.
18(B) Amending the department’s applicable state hearing
19procedures and regulations or using the Administrative Procedure
20Act, when applicable, as necessary for the administration of the
21program.
22(g) Counties participating in the program shall be responsible
23for all of the following:
24(1) Submitting an implementation plan, entering into terms and
25conditions for participation in the program, consulting with the
26county probation department in the development of the
27implementation plan, training appropriate staff, and accepting
28
applications from resource families within the timeframes
29established by the department.
30(2) Complying with the written directives pursuant to paragraph
31(4) of subdivision (f).
32(3) Implementing the requirements for resource family approval
33and utilizing standardized documentation established by the
34department.
35(4) Ensuring staff have the education and experience necessary
36to complete the home environment and psychosocial assessments
37competently.
38(5) (A) Taking the following actions, as applicable:
39(i) Approving or denying resource family applications.
40(ii) Rescinding approvals of resource families.
P73 1(iii) Excluding a resource family parent or other individual from
2presence in a resource family home, consistent with the established
3standard.
4(iv) Issuing a temporary suspension order that suspends the
5resource family approval prior to a hearing when urgent action is
6needed to protect a child or nonminor dependent from physical or
7mental abuse, abandonment, or any other substantial threat to
8health or safety, consistent with the established standard.
9(B) Providing a resource family parent, applicant, or excluded
10individual requesting review of that decision with due process
11pursuant to the department’s statutes,
regulations, and written
12directives.
13(C) Notifying the department of any decisions denying a
14resource family’s application or rescinding the approval of a
15resource family, excluding an individual, or taking other
16administrative action.
17(D) Issuing a temporary suspension order that suspends the
18resource family approval prior to a hearing, when urgent action is
19needed to protect a child or nonminor dependent who is or may
20be placed in the home from physical or mental abuse, abandonment,
21or any other substantial threat to health or safety.
22(6) Updating resource family approval annually.
23(7) Monitoring resource families through all of the following:
24(A) Ensuring that social workers who identify a condition in
25the home that may not meet the approval standards set forth in
26subdivision (d) while in the course of a routine visit to children
27placed with a resource family take appropriate action as needed.
28(B) Requiring resource families to comply with corrective action
29plans as necessary to correct identified deficiencies. If corrective
30action is not completed as specified in the plan, the county may
31rescind the resource family approval.
32(C) Requiring resource families to report to the county child
33welfare agency any incidents consistent with the reporting
34requirements for licensed foster family homes.
35(8) Investigating all complaints against a resource family and
36taking action as necessary. This shall include investigating any
37incidents reported about a resource family indicating that the
38approval standard is not being maintained.
39(A) The child’s social worker shall not conduct the formal
40investigation into the complaint received concerning a family
P74 1providing services under the standards required by subdivision
2(d). To the extent that adequate resources are available, complaints
3shall be investigated by a worker who did not initially conduct the
4home environment or psychosocial assessments.
5(B) Upon conclusion of the complaint investigation, the final
6disposition shall be reviewed and approved by a supervising staff
7member.
8(C) The department shall be notified of any serious incidents
9or serious complaints or any incident that falls within the definition
10of Section 11165.5 of the Penal Code. If those incidents or
11complaints result in an investigation, the department shall also be
12notified as to the status and disposition of that investigation.
13(9) Performing corrective action as required by the department.
14(10) Assessing county performance in related areas of the
15California Child and Family Services Review System, and
16remedying problems identified.
17(11) Submitting information and data that the department
18determines is necessary to study, monitor, and prepare the report
19specified in paragraph (9) of subdivision (f).
20(12) Ensuring resource family applicants and resource families
21have the necessary knowledge, skills, and abilities to support
22children in foster care by completing caregiver training. The
23training should include a curriculum that supports the role of a
24resource family in parenting vulnerable children and should be
25ongoing in order to provide resource families with information on
26trauma-informed practices and requirements and other topics within
27the foster care system.
28(13) Ensuring that a resource family applicant completes a
29minimum of 12 hours of preapproval training. The training shall
30include, but not be limited to, all of the following courses:
31(A) An overview of the child protective and probation systems.
32(B) The effects of trauma, including grief and loss, and child
33abuse and neglect, on child development and behavior, and
34methods to behaviorally support children impacted by that trauma
35or child abuse and neglect.
36(C) Positive discipline and the importance of self-esteem.
37(D) Health issues in foster care.
38(E) Accessing services and supports to address education needs,
39physical, mental, and behavioral health, and substance use
40disorders, including culturally relevant services.
P75 1(F) The rights of a child in foster care, and the resource family’s
2responsibility to safeguard those rights, including the right to
have
3fair and equal access to all available services, placement, care,
4treatment, and benefits, and to not be subjected to discrimination
5or harassment on the basis of actual or perceived race, ethnic group
6identification, ancestry, national origin, color, religion, sex, sexual
7orientation, gender identity, mental or physical disability, or HIV
8status.
9(G) Cultural needs of children, including instruction on cultural
10competency and sensitivity, and related best practices for providing
11adequate care for children or youth across diverse ethnic and racial
12backgrounds, as well as children or youth identifying as lesbian,
13gay, bisexual, or transgender.
14(H) Basic instruction on existing laws and procedures regarding
15the safety of foster youth at school; and ensuring a harassment and
16violence
free school environment pursuant to Article 3.6
17(commencing with Section 32228) of Chapter 2 of Part 19 of
18Division 1 of Title 1 of the Education Code.
19(I) Permanence, well-being, and education needs of children.
20(J) Child and adolescent development, including sexual
21orientation, gender identity, and expression.
22(K) The role of resource families, including working
23cooperatively with the child welfare or probation agency, the
24child’s family, and other service providers implementing the case
25plan.
26(L) The role of a resource family on the child and family team
27as defined in paragraph (4) of subdivision (a) of Section 16501.
28(M) A resource family’s responsibility to act as a reasonable
29and prudent parent, and to provide a family setting that promotes
30normal childhood experiences and that serves the needs of the
31child.
32(N) An overview of the specialized training identified in
33subdivision (h).
34(14) Ensuring approved resource families complete a minimum
35of eight training hours annually, a portion of which shall be from
36one or more of the topics listed in paragraph (13).
37(h) In addition to any training required by this section, a resource
38family may be required to receive specialized training, as relevant,
39for the purpose of preparing the resource family to meet the needs
P76 1of a particular child in care. This training may include, but is
not
2limited to, the following:
3(1) Understanding how to use best practices for providing care
4and supervision to commercially sexually exploited children.
5(2) Understanding how to use best practices for providing care
6and supervision to lesbian, gay, bisexual, and transgender children.
7(3) Understanding the requirements and best practices regarding
8psychotropic medications, including, but not limited to, court
9authorization, benefits, uses, side effects, interactions, assistance
10with self-administration, misuse, documentation, storage, and
11metabolic monitoring of children prescribed psychotropic
12medications.
13(4) Understanding the federal Indian Child Welfare
Act (25
14U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
15children covered by the act, and the best interests of Indian
16children, including the role of the caregiver in supporting culturally
17appropriate, child-centered practices that respect Native American
18history, culture, retention of tribal membership and connection to
19the tribal community and traditions.
20(5) Understanding how to use best practices for providing care
21and supervision to nonminor dependents.
22(6) Understanding how to use best practices for providing care
23and supervision to children with special health care needs.
24(7) Understanding the different permanency options and the
25services and benefits associated with the options.
26(i) Nothing in this section shall preclude a county or a foster
27family agency from requiring resource family training in excess
28of the requirements in this section.
29(j) (1) Approved relatives and nonrelative extended family
30members, licensed foster family homes, or approved adoptive
31homes that have completed the license or approval process prior
32to full implementation of the program shall not be considered part
33of the program. The otherwise applicable assessment and oversight
34processes shall continue to be administered for families and
35facilities not included in the program.
36(2) Upon implementation of the program in a county, that county
37may not accept new applications for the licensure of foster
family
38homes, the approval of relative and nonrelative extended family
39members, or the approval of prospective adoptive homes.
P77 1(k) The department may waive regulations that pose a barrier
2to implementation and operation of this program. The waiver of
3any regulations by the department pursuant to this section shall
4apply to only those counties or foster family agencies participating
5in the program and only for the duration of the program.
6(l) Resource families approved under initial implementation of
7the program, who move within an early implementation county or
8who move to another early implementation county, shall retain
9their resource family status if the new building and grounds,
10outdoor activity areas, and storage areas meet home environment
11standards. The State
Department of Social Services or early
12implementation county may allow a program-affiliated individual
13to transfer his or her subsequent arrest notification if the individual
14moves from one early implementation county to another early
15implementation county, as specified in subdivision (g) of Section
161522 of the Health and Safety Code.
17(m) (1) The approval of a resource family who moves to a
18nonparticipating county remains in full force and effect pending
19a determination by the county approval agency or the department,
20as appropriate, whether the new building and grounds and storage
21areas meet applicable standards, and whether all adults residing
22in the home have a criminal records clearance or exemptions
23granted, using the exemption criteria used for foster care licensing,
24as specified in subdivision (g) of Section 1522
of the Health and
25Safety Code. Upon this determination, the nonparticipating county
26shall either approve the family as a relative or nonrelative extended
27family member, as applicable, or the department shall license the
28family as a foster family home.
29(2) Subject to the requirements in paragraph (1), the family shall
30continue to be approved for guardianship and adoption. Nothing
31
in this subdivision shall limit a county or adoption agency from
32determining that the family is not approved for guardianship or
33adoption based on changes in the family’s circumstances or
34psychosocial assessment.
35(3) A program-affiliated individual who moves to a
36nonparticipating county may not transfer his or her subsequent
37arrest notification from a participating county to the
38nonparticipating county.
39(n) Implementation of the program shall be contingent upon the
40continued availability of federal Social Security Act Title IV-E
P78 1(42 U.S.C. Sec. 670) funds for costs associated with placement of
2children with resource families assessed and approved under the
3program.
4(o) A child placed with a
resource family is eligible for the
5resource family basic rate, pursuant to Sections 11253.45, 11460,
611461, and 11463, and subdivision (l) of Section 11461.3, at the
7child’s assessed level of care.
8(p) Sharing ratios for nonfederal expenditures for all costs
9associated with activities related to the approval of relatives and
10
nonrelative extended family members shall be in accordance with
11Section 10101.
12(q) The Department of Justice shall charge fees sufficient to
13cover the cost of initial or subsequent criminal offender record
14information and Child Abuse Central Index searches, processing,
15or responses, as specified in this section.
16(r) Except as provided, approved resource families under this
17program shall be exempt from all of the following:
18(1) Licensure requirements set forth under the Community Care
19Facilities Act, commencing with Section 1500 of the Health and
20Safety Code, and all regulations promulgated thereto.
21(2) Relative and nonrelative extended family member
approval
22requirements set forth under Sections 309, 361.4, and 362.7, and
23all regulations promulgated thereto.
24(3) Adoptions approval and reporting requirements set forth
25
under Section 8712 of the Family Code, and all regulations
26promulgated thereto.
27(s) (1) Early implementation counties shall be authorized to
28continue through December 31, 2016. The program shall be
29implemented by each county on or before January 1, 2017.
30(2) No later than July 1, 2017, each county shall provide the
31following information to all licensed foster family homes and all
32approved relatives and nonrelative extended family members:
33(A) A detailed description of the resource family approval
34program.
35(B) Notification that, in order to care for a foster child, resource
36family approval is required by December 31, 2019.
37(C) Notification that a foster family home license and an
38approval of a relative or nonrelative extended family member shall
39be forfeited by operation of law as provided for in paragraph (4).
P79 1(3) By no later than January 1, 2018, the following shall apply
2to all licensed foster family homes and approved relative and
3nonrelative extended family members:
4(A) A licensed foster family home, and an approved relative or
5nonrelative extended family member with an approved adoptive
6home study completed prior to January 1, 2018, shall be deemed
7to be an approved resource family.
8(B) A licensed foster family home, and an approved relative or
9nonrelative extended family
member who had a child in placement
10
at any time, for any length of time, between January 1, 2017, and
11December 31, 2017, inclusive, may be approved as a resource
12family on the date of successful completion of a psychosocial
13assessment pursuant to subparagraph (B) of paragraph (2) of
14subdivision (d).
15(C) A county may provide supportive services to all licensed
16foster family home providers, relatives, and nonrelative extended
17family members with a child in placement to assist with the
18resource family transition and to minimize placement disruptions.
19(4) All foster family licenses and approvals of a relative or
20nonrelative extended family member shall be forfeited by operation
21of law on December 31, 2019, except as provided in this paragraph:
22(A) All licensed foster family homes that did not have a child
23in placement at any time, for any length of time, between January
241, 2017, and December 31, 2017, inclusive, shall forfeit the license
25by operation of law on January 1, 2018.
26(B) For foster family home licensees and approved relatives or
27nonrelative extended family members who have a pending resource
28family application on December 31, 2019, the foster family home
29license or relative and nonrelative extended family member
30approval shall be forfeited by operation of law on the date of
31approval as a resource family. If approval is denied, forfeiture by
32operation of law shall occur on the date of completion of any
33proceedings required by law to ensure due process.
34(t) On and after January 1, 2017, all licensed
foster family
35agencies shall approve resource families in lieu of certifying foster
36homes. A foster family agency or a short-term residential treatment
37center pursuant to subdivision (b) of Section 11462 shall require
38applicants and resource families to meet the resource family
39approval standards and requirements set forth in this chapter and
P80 1in the written directives adopted pursuant to this chapter prior to
2approval and in order to maintain approval.
3(u) Commencing January 1, 2016, the department may establish
4participation conditions, and select and authorize foster family
5agencies that voluntarily submit implementation plans and revised
6plans of operation in accordance with requirements established by
7the department, to approve resource families in lieu of certifying
8foster homes.
9(1) Notwithstanding any other law, a participating foster family
10agency shall require resource families to meet and maintain the
11resource family approval standards and requirements set forth in
12this chapter and in the written directives adopted hereto prior to
13approval and in order to maintain approval.
14(2) A participating foster family agency shall implement the
15resource family approval program pursuant to Section 1517 of the
16Health and Safety Code.
17(3) Nothing in this section shall be construed to limit the
18authority of the department to inspect, evaluate, or investigate a
19complaint or incident, or initiate a disciplinary action against a
20foster family agency pursuant to Article 5 (commencing with
21Section 1550) of Chapter 3 of Division 2 of the Health and Safety
22Code,
or to take any action it may deem necessary for the health
23and safety of children placed with the foster family agency.
24(4) The department may adjust the foster family agency
25AFDC-FC rate pursuant to Section 11463 for implementation of
26this subdivision.
Article 6 (commencing with Section 16523) is added
28to Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
29Code, to read:
30
For purposes of this article, the following definitions
34shall apply:
35(a) “Child welfare services” has the same meaning as defined
36in Section 16501.
37(b) “Department” means the State Department of Social
38Services.
39(c) “Eligible family” means any individual or family that, at a
40minimum, meets all of the following conditions:
P81 1(1) Receives child welfare services at the time eligibility is
2determined.
3(2) Is homeless.
4(3) Voluntarily agrees to participate in the program.
5(4) Either of the following:
6(A) Has been determined appropriate for reunification of a child
7to a biological parent or guardian by the county human services
8agency handling the case, the court with jurisdiction over the child,
9or both.
10(B) A child or children in the family is or are at risk of foster
11care placement, and the county human services agency determines
12that safe and stable housing for the family will prevent the need
13for the child’s or children’s removal from the parent or guardian.
14(d) “Homeless” means any of the following:
15(1) An individual or family who lacks a fixed, regular, and
16adequate nighttime residence.
17(2) An individual or family with a primary nighttime residence
18that is a public or private place not designed for or ordinarily used
19as a regular sleeping accommodation for human beings, including,
20but not limited to, a car, park, abandoned building, bus station,
21train station, airport, or camping ground.
22(3) An individual or family living in a supervised publicly or
23privately operated shelter designated to provide temporary living
24arrangements, including hotels or motels paid for by federal, state,
25or local government programs for low-income individuals or by
26charitable organizations, congregate shelters, or transitional
27housing.
28(4) An individual who resided in a shelter or place not meant
29for human habitation and who is exiting an institution where he
30or she temporarily resided.
31(5) An individual or family who will imminently lose their
32housing, including, but not limited to, housing they own, rent, or
33live in without paying rent, are sharing with others, or rooms in
34hotels or motels not paid for by federal, state, or local government
35programs for low-income individuals or by charitable
36organizations, as evidenced by any of the following:
37(A) A court order resulting from an eviction action that notifies
38the individual or family that they must leave within 14 days.
P82 1(B) The individual or
family having a primary nighttime
2residence that is a room in a hotel or motel and where they lack
3the resources necessary to reside there for more than 14 days.
4(C) Credible evidence indicating that the owner or renter of the
5housing will not allow the individual or family to stay for more
6than 14 days, and any oral statement from an individual or family
7seeking homeless assistance that is found to be credible shall be
8considered credible evidence for purposes of this clause.
9(6) An individual or family who has no subsequent residence
10identified.
11(7) An individual or family who lacks the resources or support
12networks needed to obtain other permanent housing.
13(8) Unaccompanied youth and homeless families with children
14and youth defined as homeless under any other federal statute, as
15of the effective date of this program, who meet all of the following:
16(A) Have experienced a long-term period without living
17independently in permanent housing.
18(B) Have experienced persistent instability as measured by
19frequent moves over that long-term period.
20(C) Can be expected to continue in that status for an extended
21period of time because of chronic disabilities, chronic physical
22health or mental health conditions, substance addiction, histories
23of domestic violence or childhood abuse, the presence of a child
24or youth with a disability, or multiple barriers to employment.
25(e) “Homelessness” means the status of being homeless, as
26defined in subdivision (d).
27(f) “Permanent housing” means a place to live without a limit
28on the length of stay in the housing that exceeds the duration of
29funding for the program, subject to landlord-tenant laws pursuant
30to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
31of Division 3 of the Civil Code.
32(g) “Program” means the Bringing Families Home Program
33established pursuant to this article.
34(h) “Supportive housing” has the same meaning as defined in
35paragraph (2) of subdivision (b) of Section 50675.14 of the Health
36and Safety Code, except that the program is not restricted to serving
37
only projects with five or more units.
(a) To the extent funds are appropriated in the annual
39Budget Act, the department shall award program funds to counties
40for the purpose of providing housing-related supports to eligible
P83 1families experiencing homelessness if that homelessness prevents
2reunification between an eligible family and a child receiving child
3welfare services, or where lack of housing prevents a parent or
4guardian from addressing issues that could lead to foster care
5placement.
6(b) Notwithstanding subdivision (a), this section does not create
7an entitlement to housing-related assistance, which is intended to
8be provided at the discretion of the county as a service to eligible
9families.
10(c) (1) It is the intent of the Legislature that housing-related
11assistance provided pursuant to this article utilize evidence-based
12models, including evidence-based practices in rapid rehousing and
13supportive housing.
14(2) Housing-related supports available to participating families
15shall include, but not be limited to, all of the following:
16(A) An assessment of each family’s housing needs, including
17a plan to assist them in meeting those needs.
18(B) Housing navigation or search assistance to recruit landlords,
19and assist families in locating housing affordable to the family,
20under a presumption that the family will pay no more than
one-third
21of their income in rent.
22(C) The use of evidence-based models, such as motivational
23interviewing and trauma-informed care, to build relationships with
24a parent or guardian.
25(D) Housing-related financial assistance, including rental
26assistance, security deposit assistance, utility payments, moving
27cost assistance, and interim housing assistance while housing
28navigators are actively seeking permanent housing options for the
29family.
30(E) Housing stabilization services, including ongoing tenant
31engagement, case management, public systems assistance, legal
32services, credit repair assistance, life skills training, and conflict
33mediation with landlords and neighbors.
34(F) If the family requires supportive housing, long-term services
35promoting housing stability.
36(d) The department shall award program funds to counties
37according to criteria developed by the department, in consultation
38with the County Welfare Directors Association, the Corporation
39for Supportive Housing, and Housing California, subject to both
40of the following requirements:
P84 1(1) A county that receives state funds under this program shall
2match that funding on a dollar-by-dollar basis. The county funds
3used for this purpose shall supplement, not supplant, county
4funding already intended for these purposes.
5(2) A county that receives state funds under this program shall
6have a local continuum of care that
participates in a homeless
7services coordinated entry and assessment system, as required by
8the United States Department of Housing and Urban Development.
9(e) The department, in consultation with Housing California,
10the Corporation for Supportive Housing, and the County Welfare
11Directors Association of California, shall develop all of the
12following:
13(1) The criteria by which counties may be awarded funds to
14provide housing-related assistance to eligible families pursuant to
15this article.
16(2) The proportion of program funding to be expended on
17reasonable and appropriate administrative activities to minimize
18overhead and maximize services.
19(3) Eligible
sources of funds for a county’s matching
20contribution.
21(4) Tracking and reporting procedures for the program.
22(5) A process for evaluating program data.
Section 17601.50 of the Welfare and Institutions
24Code is amended to read:
The moneys in the Child Poverty and Family
26Supplemental Support Subaccount shall be allocated to the family
27support account in the local health and welfare trust fund in each
28county and city and county by the Controller pursuant to a schedule
29prepared by the Department of Finance. All funds allocated shall
30be attributable to the payment of increased aid payments, as
31authorized by Section 11450.025. Funds that are not allocated in
32a fiscal year, shall be available for allocation in the following fiscal
33year.
Section 18910.1 of the Welfare and Institutions Code
35 is amended to read:
All CalFresh households shall be assigned certification
37periods that are the maximum number of months allowable under
38federal law for the household type unless a county is complying
39with subdivision (b) of Section 18910 or, on a case-by-case basis
P85 1only, the household’s individual circumstances require a shorter
2certification period.
Section 18920 is added to the Welfare and Institutions
4Code, to read:
(a) Notwithstanding any other law, an agreement
6between the department and a unit of local government, any other
7unit of state government, or a nonprofit organization that provides
8for a contract relating to either of the following is and shall be
9deemed a “cooperative agreement,” as defined in subdivision (a)
10of Section 38072 of the Health and Safety Code:
11(1) Outreach programs related to CalFresh.
12(2) The Supplemental Nutrition Assistance Program: Nutrition
13Education and Obesity Prevention Grant Program.
14(b) Notwithstanding subdivision (b) of
Section 38072 of the
15Health and Safety Code, for purposes of Chapter 1 (commencing
16with Section 38070) of Division 25.2 of the Health and Safety
17Code, any reference to the term “department” in those provisions
18shall refer to the State Department of Social Services for purposes
19of an agreement described in subdivision (a).
20(c) In addition to the authority granted the department in
21subdivision (a) of Section 38081.1 of the Health and Safety Code,
22a change of subcontracts shall not be subject to review and approval
23by the Department of General Services pursuant to Chapter 2
24(commencing with Section 10290) of Part 2 of Division 2 of the
25Public Contract Code.
26(d) The Legislature finds and declares that this section shall be
27applied retroactively to currently executed agreements
that are
28described in subdivision (a).
Chapter 17 (commencing with Section 18999) is
30added to Part 6 of Division 9 of the Welfare and Institutions Code,
31to read:
32
In enacting this chapter, it is the intent of the Legislature
37to establish, for the 2016-17 fiscal year, the Housing and Disability
38Income Advocacy Program under which counties assist homeless
39Californians with disabilities to increase participation among
40individuals who may be eligible for disability benefits programs,
P86 1including the Supplemental Security Income/State Supplementary
2Program for the Aged, Blind, and Disabled (SSI/SSP), the federal
3Social Security Disability Insurance (SSDI) program, the Cash
4Assistance Program for Immigrants, and veterans benefits provided
5under federal law, including disability compensation.
(a) Subject to an appropriation of funds for this
7purpose in the annual Budget Act, the State Department of Social
8Services shall administer the Housing and Disability Income
9Advocacy Program to provide state matching grant funds to
10participating counties for the provision of outreach, case
11management, and advocacy services and housing assistance to
12individuals in need.
13(b) Funds appropriated pursuant to this chapter shall be awarded
14to counties by the department according to criteria developed by
15the department, in consultation with the County Welfare Directors
16Association of California and advocates for clients, subject to the
17following restrictions:
18(1) State funds appropriated pursuant to this chapter shall be
19used only for the purposes specified in this chapter.
20(2) A county that receives state funds under this chapter shall
21match that funding on a dollar-for-dollar basis. The county
22matching funds used for this purpose shall supplement, and not
23supplant, other county funding for these purposes.
24(3) A county receiving state funds pursuant to this chapter shall,
25at a minimum, maintain a level of county funding for the outreach,
26active case management, advocacy, and housing assistance services
27described in this chapter that is at least equal to the total of the
28amounts expended by the county for those services in the 2015-16
29fiscal year.
30(4) As part of its application to receive state funds under this
31chapter, a county shall identify how it will collaborate locally
32among, at a minimum, the county departments that are responsible
33for health, including behavioral health, and human or social
34services in carrying out the activities required by this chapter. This
35collaboration shall include, but is not limited to, the sharing of
36information among these departments as necessary to carry out
37the activities required by this chapter.
(a) (1) A participating county shall provide, or
39contract for, outreach, active case management, and advocacy
40services related to all of the following programs, as appropriate:
P87 1(A) The Supplemental Security Income/State Supplementary
2Program for the Aged, Blind, and Disabled (SSI/SSP).
3(B) The federal Social Security Disability Insurance (SSDI)
4program.
5(C) The Cash Assistance Program for Immigrants.
6(D) Veterans benefits provided under federal law, including,
7but
not limited to, disability compensation.
8(2) The outreach and case management services required by
9this subdivision shall include, but not be limited to, all of the
10following:
11(A) Receiving referrals.
12(B) Conducting outreach, training, and technical assistance.
13(C) Providing assessment and screening.
14(D) Coordinating record retrieval and other necessary means of
15documenting disability.
16(E) Coordinating the provision of health care, including
17behavioral health care, for clients, as appropriate.
18(3) The advocacy services required by this subdivision, which
19may be provided though legal representation, shall include, but
20not be limited to, the following:
21(A) Developing and filing competently prepared benefit
22applications, appeals, reconsiderations, reinstatements, and
23recertifications.
24(B) Coordinating with federal and state offices regarding
25pending benefit applications, appeals, reconsiderations,
26reinstatements, and recertifications and advocating on behalf of
27the client.
28(b) A participating county shall use screening tools to identify
29populations of individuals who are likely to be eligible for the
30programs listed in subdivision (a), in accordance with the
31following:
32(1) The county shall give highest priority to individuals who
33are chronically homeless or who rely the most heavily on state-
34and county-funded services.
35(2) Other populations to be targeted by the program include,
36but are not limited to, the following:
37(A) General assistance or general relief applicants or recipients
38who are homeless or at risk of homelessness.
39(B) Parents who receive CalWORKs assistance or whose
40children receive assistance or children who are recipients of
P88 1CalWORKs in families that are homeless or at risk of
2homelessness.
3(C) Low-income individuals with disabilities who can be
4diverted from,
or who are being discharged from, jails or prisons
5and who are homeless or at risk of homelessness.
6(D) Low-income veterans with disabilities who are homeless
7or at risk of homelessness.
8(E) Low-income individuals with disabilities who are being
9discharged from hospitals, long-term care facilities, or
10rehabilitation facilities and who are homeless or at risk of
11homelessness.
12(c) (1) As appropriate, a participating county may refer an
13individual to workforce development programs who is not likely
14to be eligible for the programs listed in subdivision (a) and who
15may benefit from workforce development programs.
16(2) In consultation with an
individual who has been served by
17the Housing and Disability Income Advocacy Program and
18considering the circumstances of his or her disabilities, a
19participating county may, upon approval or final denial of disability
20benefits, refer an individual who may benefit from workforce
21development programs to those programs.
22(3) An individual’s participation in a workforce development
23program pursuant to this subdivision is voluntary.
(a) (1) A participating county shall use funds
25received under this program to establish or expand programs that
26provide housing assistance, including interim housing, recuperative
27care, rental subsidies, or, only when necessary, shelters, for clients
28receiving services under Section 18999.2 during the clients’
29application periods for disability benefits programs described in
30that section. The county shall place a client who receives subsidies
31in housing that the client can sustain without a subsidy upon
32approval of disability benefits. If the client is not approved for
33disability benefits, case management staff shall assist in developing
34a transition plan for housing support through other available
35resources.
36(2) A client’s participation in housing assistance programs or
37services is voluntary.
38(b) A county, with the assistance of the department, shall seek
39reimbursement of funds used for housing assistance, general
40assistance, or general relief from the federal Commissioner of
P89 1Social Security pursuant to an interim assistance reimbursement
2agreement authorized by Section 1631(g) of the federal Social
3Security Act. A county shall expend funds received as
4reimbursement for housing assistance only on additional housing
5 assistance for clients receiving services under this chapter.
(a) Each participating county shall annually report
7to the department regarding its funding of advocacy and outreach
8programs in the prior year, as well as the use of state funding
9provided under this chapter, including all of the following:
10(1) The number of clients served in each of the targeted
11populations described in subdivision (b) of Section 18999.2 and
12any other populations the county chose to target.
13(2) The demographics of the clients served, including race or
14ethnicity, age, and gender.
15(3) The number of applications for benefits, and
type of benefits,
16filed with the assistance of the county.
17(4) The number of applications approved initially, the number
18approved after reconsideration, the number approved after appeal,
19and the number not approved, including the time to benefits
20establishment.
21(5) For applications that were denied, the reasons for denial.
22(6) The number of clients who received subsidized housing
23during the period that their applications were pending and a
24description of how that impacted the clients and the rates of
25completed applications or approval.
26(7) The number of clients who received subsidized housing who
27maintained that housing during the SSI application
period.
28(8) The percentage of individuals approved for SSI who retain
29permanent housing 6, 12, and 24 months after benefits approval.
30(9) The amount and percentage of rental subsidy costs and of
31general assistance or general relief costs recovered through interim
32assistance reimbursement for individuals approved for benefits.
33(10) The number of individuals eligible to be served by this
34program but who have not yet received services.
35(11) Any additional data requirements established by the
36department after consultation with the County Welfare Directors
37Association of California and advocates for clients.
38(b) The department shall periodically inform the Legislature of
39the implementation progress of the program and make related data
40available on its Internet Web site. The department shall also report
P90 1to the Legislature by October 1, 2018, in compliance with Section
29795 of the Government Code, regarding the implementation of
3the program, including the information reported by participating
4counties pursuant to this section.
5(c) Notwithstanding the rulemaking provisions of the
6Administrative Procedures Act (Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code), the department may implement, interpret, or make specific
9this chapter through all-county letters without taking any regulatory
10action.
(a) During the 2017 and 2018 legislative budget
12hearings, the State Department of Social Services and the State
13Department of Health Care Services shall update the legislative
14budget committees on activities taken by the departments to
15implement the Continuum of Care Reform (CCR) pursuant to AB
16403 (Chapter 773, Statutes of 2015).
17(b) The information required pursuant to subdivision (a) shall
18include, but is not limited to, all of the following:
19(1) The specialty mental health services provided to foster
20children in short term residential treatment centers, by foster
family
21agencies, and by resource families.
22(2) The roles to be performed by the county mental health plans,
23the Medi-Cal managed care plans, and the fee-for-service system
24to coordinate mental health services being provided to foster youth
25pursuant to subdivision (a).
26(3) The actual or projected fiscal information related to the
27implementation of CCR, as follows:
28(A) Funding sources available to provide mental health services
29to foster care children.
30(B) The state, county, and federal funding estimated for the
312016-17 fiscal year to provide mental health services to foster
32children who meet the medical necessity criteria for specialty
33
mental health services under the Medi-Cal program.
No appropriation pursuant to Section 15201 of the
35Welfare and Institutions Code shall be made for purposes of
36implementing Sectionbegin delete 20end deletebegin insert 22end insert of this act.
The State Department of Social Services shall
38convene stakeholders, including county placing agencies, providers,
39foster youth, and legislative staff, commencing no later than July
401, 2016, to discuss the adequacy of the proposed foster care rates
P91 1and rate structure, and the extent to which the rates will achieve
2the desired outcomes for Continuum of Care Reform and AB 403
3(Chapter 773, Statutes of 2015). The department shall report to
4the legislative budget committees no later than August 10, 2016,
5on the results of these discussions. To the extent the proposed rates
6have changed, the department shall provide updated projected
7costs no later than January 10, 2017.
(a) Notwithstanding the rulemaking provisions of
9the Administrative Procedure Act (Chapter 3.5 (commencing with
10Section 11340) of Part 1 of Division 3 of Title 2 of the Government
11Code), the State Department of Social Services may implement
12and administer Article 6 (commencing with Section 16523) of
13Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
14Code and the changes made in this act to Sections 11253.45,
1511320.15, 11322.63, 11322.64, 11322.83, 11323.25, 11402 (as
16amended by Section 65 of Chapter 773 of the Statutes of 2015),
1711402 (as amended by Section 66 of Chapter 773 of the Statutes
18of 2015), 11450, 11450.04, 11461.3, 11461.4, 11465, 12301.02,
1916519.5, and
18910.1 of the Welfare and Institutions Code through
20all-county letters or similar instructions until regulations are
21adopted.
22(b) The department shall adopt emergency regulations
23implementing the sections specified in subdivision (a) no later than
24January 1, 2018. The department may readopt any emergency
25regulation authorized by this section that is the same as, or
26substantially equivalent to, any emergency regulation previously
27adopted pursuant to this section. The initial adoption of regulations
28pursuant to this section and one readoption of emergency
29regulations shall be deemed to be an emergency and necessary for
30the immediate preservation of the public peace, health, safety, or
31general welfare. Initial emergency regulations and the one
32readoption of emergency regulations authorized by this section
33shall be exempt from review by
the Office of Administrative Law.
34The initial emergency regulations and the one readoption of
35emergency regulations authorized by this section shall be submitted
36to the Office of Administrative Law for filing with the Secretary
37of State, and each shall remain in effect for no more than 180 days,
38by which time final regulations shall be adopted.
(a) To the extent that this act has an overall effect
40of increasing the costs already borne by a local agency for programs
P92 1or levels of service mandated by the 2011 Realignment Legislation,
2Section 36 of Article XIII of the California Constitution shall
3govern this act’s application to local agencies and the state’s
4funding of those programs or levels of service.
5(b) However, if the Commission on State Mandates determines
6that this act contains other costs mandated by the state for programs
7or levels of service not described in subdivision (a), reimbursement
8to local agencies and school districts for those costs shall be made
9
pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
This act is a bill providing for appropriations related
12to the Budget Bill within the meaning of subdivision (e) of Section
1312 of Article IV of the California Constitution, has been identified
14as related to the budget in the Budget Bill, and shall take effect
15immediately.
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