BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 873
Author: Senate Budget and Fiscal Review Committee
Amended: 8/27/14
Vote: 21
SENATE FLOOR : Not Relevant
ASSEMBLY FLOOR : Not available
SUBJECT : Human services
SOURCE : Author
DIGEST : This bill 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.
Assembly Amendments delete the Senate version of the bill, which
expressed legislative intent to enact statutory changes related
to the Budget Act of 2014, and instead add the current language.
ANALYSIS :
This bill:
1.Makes various technical changes regarding temporary managers
and receiverships for facilities licensed by the Community
Care Licensing Division at the Department of Social Services
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(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
DSS 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
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
existing 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 Department of Health Care Services (DHCS) will
work with and assist recipients on the Nursing Facility/Acute
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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,
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 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
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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.
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.
Comments
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 the Office of
the Secretary of State.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/29/14)
California Immigrant Policy Center
Catholic Charities of California United
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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:e 8/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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