BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1477|
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THIRD READING
Bill No: AB 1477
Author: Assembly Budget Committee
Amended: 8/28/14 in Senate
Vote: 21
SENATE BUDGET & FISCAL REVIEW COMMITTEE : 15-0, 8/14/14
AYES: Leno, Nielsen, Anderson, Beall, Berryhill, Block,
Corbett, Jackson, Liu, Mitchell, Monning, Morrell, Roth,
Torres, Wyland
NO VOTE RECORDED: Hancock
SENATE BUDGET & FISCAL REVIEW COMMITTEE : 9-3, 8/29/14 (Pursuant
to Senate Rule 29.10)
AYES: Leno, Beall, Block, Corbett, Jackson, Liu, Monning, Roth,
Torres
NOES: Nielsen, Morrell, Wyland
NO VOTE RECORDED: Anderson, Berryhill, Hancock, Mitchell
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2014: Human Services Trailer Bill
SOURCE : Author
DIGEST : This bill provides statutory changes necessary to
enact human services-related provisions of the Budget Act of
2014.
ANALYSIS : This bill makes statutory changes necessary to
implement the Budget Act of 2014, including clarifications or
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corrections to errors made when the budget and the human
services trailer bill (SB 855, Committee on Budget and Fiscal
Review, Chapter 29, Statutes of 2014) were enacted in June 2014.
1.Community Care Licensing . SB 855 (Committee on Budget and
Fiscal Review), Chapter 29, Statutes of 2014, established a
process for the Department of Social Services (DSS) to appoint
a temporary manager or receiver to act as the provisional
licensee of the community care facility, if DSS determines
that residents of the facility are likely to be in danger of
serious injury or death, and the immediate relocation of
clients is not feasible. The temporary manager or receiver
assumes operation of a facility to bring it into compliance;
to facilitate a transfer of ownership to a new licensee; or,
to assure the transfer of residents, if the facility is
required to close.
This bill clarifies that the unreimbursed costs to DSS for
temporary management/receivership is grounds for monetary
judgment in civil court and is a subsequent lien upon a
facility's assets. This bill establishes that the authority
to place a lien against specified property for reimbursement
of any state funds must be given judgment creditor priority.
2.Approved Relative Caregiver Funding Option Program . Effective
January 1, 2015, counties, who opt-in to the Approved Relative
Caregiver Funding Program, must pay an approved relative
caregiver a per child, per month rate, in return for the care
and supervision of a federally- ineligible Aid to Families
with Dependent Children-Foster Care (AFDC-FC) child placed
with the relative caregiver, equal to the base rate paid to
foster care providers for a federally-eligible AFDC-FC child,
if the county has notified the department of its decision to
participate in the program.
This bill clarifies eligibility criteria for relative
caregiver funding. Also, the bill clarifies that the CalWORKs
grant includes federal funding and a county share-of-cost.
3.Group Home Moratorium . Existing law, as authorized by SB 1041
(Committee on Budget and Fiscal Review, Chapter 47, Statutes
of 2012) provides specified exceptions to the group home
moratorium on group home applications and rate changes. This
bill includes fiscal year 2014-15 for which exceptions to the
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group home moratorium may apply.
4.CalWORKs Child Support Disregard . This bill clarifies that
the first $50 of child support payments received each month,
including income that is regularly anticipated, must be
disregarded as income and must not be deducted from the amount
of aid for which the recipient would otherwise be eligible.
5.In-Home Supportive Services (IHSS) . This bill clarifies that
an IHSS provider is authorized to work the recipient's
adjusted weekly authorized hours, only if the adjusted hours
do not result in exceeding the allowable number of hours
worked that are compensable for overtime. In addition, the
bill states that the Department of Health Care Services (DHCS)
must work with and assistant recipients under the Nursing
Facility/Acute Hospital Waiver, who are at or near their
individual cost cap, to avoid a reduction in services. This
bill provides that DHCS can consider allowing a recipient to
exceed the individual cost cap, if appropriate, and must also
provide timely information to waiver recipients about the
implementation of IHSS overtime procedures.
6.Special Immigrant Juvenile Status (SIJS) . Existing U.S.
policy extends some immigration relief, such as asylum, relief
for trafficking victims, and special immigrant status for
juveniles, to child migrants fleeing violence or deprivation
in their home countries. When a child is not accompanied by a
parent or legal guardian, and is apprehended by immigration
authorities, the child is transferred to the care and custody
of the federal Office of Refugee Resettlement (ORR). ORR
cares for the children in shelters until they can be released
to a sponsor (typically, a parent or relative) who can care
for the child while their immigration case is processed.
This bill clarifies court proceedings for juveniles with SIJS,
as defined in federal law; and clarifies that a superior court
has the jurisdiction to make judicial determinations for the
custody and care of a juvenile with SIJS. Specifically, the
bill:
A. Provides that if a superior court is requested to make
specified findings about SIJS under federal law, the
superior court must issue an order with all the following
findings:
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The minor was either a) declared a dependent of the
court; or, b) legally committed to, or placed under the
custody of, a state agency/department or a
court-appointed entity.
The reunification of the child with one or both of
the child's parents is not viable because of neglect or
abandonment.
It is the not in the child's best interest to return
to the previous country of nationality or country of last
habitual residence.
A. Clarifies that the ability to provide interpreters in
civil court also includes the authority to provide an
interpreter in a superior court proceeding related to
special immigrant juvenile status.
B. Requires that any information regarding the child's
immigration status must remain confidential and may only be
available to the court for inspection. Also, requires that
records of the proceedings may be sealed using procedures
specified in state law.
1.Judicial Council . The bill requires the Judicial Council, the
policymaking body of the California courts, to make any
necessary rules and forms to implement the proceedings of
juveniles with SIJS.
2.Legal Counsel for Unaccompanied Undocumented Minors . This
bill requires DSS, subject to available funding in the Budget
Act, to contract with non-profit legal services organizations
to provide legal services to unaccompanied undocumented
minors, as defined in federal law, who are cared by the
federal Office of Refugee Resettlement, and who are present in
the state and residing with a family member/other sponsor.
In addition, the bill establishes requirements for awarding
contracts to legal counsel of unaccompanied undocumented
minors such as:
Have three or more years of experience in handling
specified immigration cases;
Have represented at least 25 individuals in
specified immigration cases;
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Have conducted training for practitioners beyond
their own organization;
Have experience guiding/supervising work of
attorneys;
Are accredited by the Board of Immigration under the
U.S. Department of Justice's Executive Office for
Immigration Review or meet the requirements to receive
funding from the Trust Fund Program administered by the
California State Bar.
The bill also specifies that contracts awarded to non-profit
legal services organizations must fulfill all of the
following:
Provide legal services on a fee-per-case basis, as
determined by DSS, which must include all administrative
and supervisory costs and court fees.
Report, monitor, or audit the services provided.
Require coordination with the federal Office of
Refugee Resettlement Legal Access Project.
Require contractors to maintain adequate legal
malpractice insurance.
Contracts awarded are not subject to approval by the
Department of General Services. In addition, the bill
provides the state immunity from liability associated with
implementing this provision of law. Also, client information
and records of legal services provided to unaccompanied
undocumented minors are exempt from the California Public
Records Act.
1.All-County Letters . This bill authorizes DSS to implement
changes pertaining to CalFresh eligibility through all-county
letters until regulations are adopted.
2. Severability . This bill provides that provisions are
severable, so if any provision is held invalid, other
provisions and applications can remain in effect.
3. Double-Jointing . This bill includes double-jointing
language to prevent chaptering-out issues with AB 1899
(Brown).
4. Findings and declarations . Because provisions of the bill
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limit the public's right of access within the meaning of the
California Constitution, the bill declares the necessity of
maintaining the confidentiality of record to protect the
privacy of minors seeking special immigrant juvenile status.
Comments
On August 14, 2014, the Senate Budget and Fiscal Review
Committee heard and passed this bill on a 15-0 vote. This bill
was re-referred to the Committee to review amendments pertaining
to IHSS, unaccompanied undocumented minors, and technical
double-jointing amendments.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Budget and Fiscal Review Committee, the
2014 Budget Act includes $5 million GF, split between Item
5180-151-0001 ($3.3 million) and Item 5180-153-0001 ($1.7
million), to establish Commercially Sexually Exploited Children
Program. This bill shifts the entire $1.7 million appropriated
in Item 5180-153-0001 to Item 5180-151-0001.
SUPPORT : (Verified 8/29/14)
California Immigrant Policy Center
Catholic Charities of California United
Friends Committee on Legislation of California
League of United Latin American Citizens
Latino Coalition for a Healthy California
National Council of Jewish Women - California
United Farm Workers
JA:nl 8/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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