BILL ANALYSIS �
SB 873
Page 1
SENATE THIRD READING
SB 873 (Budget and Fiscal Review Committee)
As Amended August 27, 2014
Majority vote
SENATE VOTE : Vote not relevant
BUDGET 16-9
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|Ayes:|Skinner, Bloom, Campos, | | |
| |Ch�vez, Chesbro, Daly, | | |
| |Dickinson, Gordon, | | |
| |Jones-Sawyer, Mullin, | | |
| |Muratsuchi, Rodriguez, | | |
| |Stone, Ting, Weber, | | |
| |Dababneh | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gorell, Grove, Harkey, | | |
| |Mansoor, Melendez, Allen, | | |
| |Nestande, Patterson, | | |
| |Wagner | | |
| | | | |
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SUMMARY : This is the Human Services Clean-Up Trailer Bill for
the 2014-15 Budget. It contains necessary clean-up changes and
technical corrections related to the Budget Act of 2014. This
bill makes various statutory changes to implement the 2014-15
budget. Specifically, this bill :
1)Makes various technical changes regarding temporary managers
and receiverships for facilities licensed by the Community
Care Licensing (CCL) Division at the State Department of
Social Services (DSS), amending law that was codified in SB
855 (Budget and Fiscal Review Committee), Chapter 29, Statutes
of 2014, hereafter referred to as Chapter 29. Among related
changes, provides that if the revenues are insufficient to
reimburse the department for the costs of the temporary
manager, the salary of the receiver, or related expenses, the
unreimbursed amount shall constitute grounds for a monetary
judgment in civil court and subsequent lien upon the assets of
the facility or the proceeds from the sale thereof.
2)Refines, for purposes of the Approved Relative Caregiver
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Funding Option Program that was created in Chapter 29, the
definition of the children affected to remove an erroneous
reference and deletes the requirement that the funding of the
applicable per-child California Work Opportunity and
Responsibility to Kids (CalWORKs) grant be limited to the
federal funds received, which was unintentional in the
original drafting.
3)Extends a specified exception to the group home moratorium in
current law for rate classification level changes below 10 to
the 2014-15 fiscal year.
4)Provides that if the income for a CalWORKs program assistance
unit that excludes specified adults includes reasonably
anticipated income derived from child support, the amount
specified to be disregarded of child support received each
month, as specified in the Family Code and Welfare and
Institutions Code, shall not be considered income or resources
and shall not be deducted from the amount of aid to which the
assistance unit otherwise would be eligible. This clarifies
language previously adopted in Chapter 29.
5)Deems an In-Home Supportive Services (IHSS) provider, if
certain conditions are met, authorized to work a recipient's
county-approved adjusted hours for the week when a recipient's
weekly authorized hours are adjusted and at the time of
adjustment the recipient currently receives all authorized
hours of services from one provider. This conforms to the
agreement between parties resulting in the IHSS overtime
management statutory changes in Chapter 29.
6)States that the State Department of Health Care Services
(DHCS) will work with and assist recipients on the Nursing
Facility/Acute Hospital Waiver who are at or near the
individual cost cap to avoid a reduction in an individual's
services that could result because of increased overtime pay
for providers. States that DHCS will provide timely
information to waiver recipients as to the steps that will be
taken.
7)Extends authorization for all-county letters and similar
instructions to additional provisions of Chapter 29 that
relate to the CalFresh program. These were inadvertently
excluded in the prior legislation.
8)Provides that the superior court, including a juvenile,
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probate, or family court department or division of the
superior court, has jurisdiction to make judicial
determinations regarding the custody and care of juveniles
within the meaning of the federal Immigration and Nationality
Act.
9)Requires the superior court to make an order containing the
necessary findings regarding special immigrant juvenile status
pursuant to federal law, if there is evidence to support those
findings.
10)Requires records of these proceedings that are not otherwise
protected by state confidentiality laws to remain
confidential, and would also authorize the sealing of these
records. States that this is necessary in order to protect
the privacy interests of those minors who are seeking special
immigrant juvenile status. Requires the Judicial Council to
adopt any necessary rules and forms to implement these
provisions.
11)Requires the California Department of Social Services (DSS),
subject to the availability of funding, to contract with
qualified non-profit legal services organizations to provide
legal services, including culturally and linguistically
appropriate services, to unaccompanied undocumented minors, as
defined, who are transferred to the care and custody of the
federal Office of Refugee Resettlement and who are present in
the state.
12)Requires that the contracts awarded meet certain specified
conditions.
13)States that client information and records of legal services
are confidential and shall not be subject to the California
Public Records Act and that this is necessary in order to
protect the privacy interests of unaccompanied undocumented
minors and to protect records covered by the attorney client
privilege.
14)States that existing authority to provide interpreters in
civil court includes the authority to provide an interpreter
in a proceeding in which a petitioner person requests an order
from the superior court to make the findings regarding special
immigrant juvenile status.
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15)Include technical, double-jointing amendments to avoid a
chaptering-out issue for a section related to temporary
managers and receiverships that is also being amended in AB
1899 (Brown) of the current legislative session.
16)Includes Budget Bill changes to effectuate the transfer of
$1.7 million appropriated in Item 5180-153-0001 to Item
5180-151-0001, Program 25.30, which is a budget-neutral change
to consolidate the $5 million appropriation in the budget for
the newly-created Commercially Sexually Exploited Children
(CSEC) program. The CSEC program was created in Chapter 29.
17)Provides that the continuous appropriation applicable to
CalWORKs is not made for purposes of implementing this bill.
18)Declares that this bill is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
COMMENT : This bill is a budget trailer bill within the overall
2014-15 budget package to implement actions taken affecting the
DSS, Child Support Services, Health Care Services, and Office of
the Secretary of State.
Analysis prepared by : Nicole Vazquez / BUDGET / (916)
319-2099
FN: 0005568