Bill Text: CA AB152 | 2025-2026 | Regular Session | Amended
Bill Title: Human services.
Sponsorship: Committee Bill
Status: (Engrossed) 2026-06-26 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F. R. [AB152 Detail]
Download: California-2025-AB152-Amended.html
|
Amended
IN
Senate
June 26, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 152
| Introduced by |
January 08, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
AB 152, as amended, Committee on Budget.
Budget Act of 2025. Human services.
(1) Existing law establishes the Department of Finance with the general powers of supervision over all matters concerning the financial and business policies of the state. Existing law requires the department to calculate changes in cost of living or annual adjustment factors in connection with various state programs and policies, including programs and policies relating to human services.
This bill would, if the department is required by law to make a calculation related to cost of living or annual adjustment factors and necessary data is unavailable, authorize the department to use a reasonable estimate of that data to perform the calculation, as specified.
(2) Existing law requires the State Department of Social Services to license and regulate various community care facilities and programs, including, among others, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, childcare centers, and home care services.
This bill would authorize users of information technology systems and services under the jurisdiction of the department, as specified, to use electronic signatures and to electronically pay any fee or civil penalties assessed by the department, as specified. The bill would require a user who elects to make an electronic payment to be responsible for any associated payment processing costs, as specified. The bill would authorize the department to adopt, amend, or repeal any rules and regulations that may be necessary or proper to carry out these provisions.
(3) Existing law, the Home Care Services Consumer Protection Act (act), provides for the licensure and regulation of home care organizations by the State Department of Social Services and the registration of home care aides. Under the act, administration of the program is fully supported by fees and not civil penalties. The act authorizes the provision of initial costs to implement the act’s provisions through a General Fund loan that is to be repaid in accordance with a schedule provided by the Department of Finance. Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering the act, or specified penalties, the act generally prohibits the use of General Fund moneys for any purpose under the act. Existing law makes an additional exception by authorizing use of General Fund moneys as appropriated by the Budget Act of 2023 and the Budget Act of 2024.
This bill would authorize, beginning July 1,
2026, the appropriation of General Fund moneys to help support the program, along with fee revenues. The bill would delete the above-described provision concerning the repayment of the General Fund loan for initial costs.
Existing law authorizes the department to issue a license to a home care organization, and requires the license to be renewed every 2 years. Existing law requires a home care organization to pay an initial license fee and a 2-year license renewal fee, each of which is determined by the department. A violation of the act is a misdemeanor.
This bill would, commencing January 1, 2029, make various changes to transition license renewal for home care organizations from every 2 years to annually. The bill would also generally establish the initial license fee as $5,603. The bill would, until January 1, 2029, generally establish the 2-year license renewal fee as $5,603 and would, beginning
January 1, 2029, establish the annual license fee as $2,802. The bill would also, beginning January 1, 2029, establish a late fee, a payment processing fee, and a fee for monitoring a licensee on probation. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law requires the department to adopt regulations, on or before January 1, 2026, to require biennial inspections to ensure that licensed home care organizations possess specified policies.
This bill would instead require the department to adopt those regulations on or before January 1, 2028.
(4) Existing law requires the State Department of Social Services, subject to an appropriation in the annual Budget Act, to administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering
pilot programs and projects that provide a guaranteed income to participants. Existing law requires the department to review and evaluate the pilot programs and projects funded to determine the economic impact of the programs and projects and their impact on the outcomes of individuals who receive guaranteed income payments, as specified. Existing law requires the department to submit a report to the Legislature regarding this review and evaluation and requires the department to post a copy of the report on its internet website. Existing law makes these provisions inoperative on January 1, 2028, and repeals these provisions on January 1, 2029.
This bill would require the department to submit the above-described report and post a copy of the report on its internet website by no later than June 1, 2028. The bill would extend the inoperative date of these provisions to January 1, 2029, and would repeal these provisions on January 1, 2030.
(5) Existing law establishes the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program to provide a trust fund account for eligible children, defined to include minor California residents who are specified dependents or wards under the jurisdiction of the juvenile court in foster care with reunification services terminated by court order, or who have a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and meet the specified family household income limit. Existing law prohibits funds deposited and investment returns accrued in a HOPE trust account from being considered as income or assets when determining eligibility and benefit amount for any means-tested program until an eligible youth withdraws or transfers the funds from the HOPE trust account, as specified.
Existing federal law, the One Big Beautiful Bill Act, enacted July 4, 2025, provides for a tax-deferred investment account for children known as a “Trump account.”
This bill would similarly prohibit funds deposited and investment returns accrued in a Trump account from being considered as income or assets when determining eligibility and benefit amount for any means-tested program until an account beneficiary withdraws or transfers the funds from the account, as specified. The bill would make these provisions operative on July 1, 2026, or on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System or the California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement these provisions, whichever date is later. To the extent that the bill would expand county duties, the bill would
impose a state-mandated local program.
(6) 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 each county to pay 30% of the nonfederal share of costs of administering the CalFresh program.
This bill would cap the amount the county is required to contribute during the 2026–27 to 2028–29 fiscal years, inclusive, to the lower of the amount the county expended in its contribution in the 2024–25 fiscal year or the amount the county was required to contribute to receive its full allocation of General Fund moneys under the Budget Act of 2024, and would require the county to
receive the full General Fund allocation for administration of CalFresh once the county has reached that amount. This bill would make those provisions inoperative on July 1, 2030, and would repeal them as of January 1, 2031.
Existing law requires the department to also establish the California Food Assistance Program (CFAP) to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status, as specified. Existing law requires that CFAP benefits be equivalent to SNAP benefits. Under existing law, operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation for this purpose, an individual 55 years of age or older is eligible for CFAP benefits, subject to an appropriation.
Existing law requires that current and future CalFresh benefits be reduced in order to
recover an overissuance caused by intentional program violation, fraud, or inadvertent household error. Existing law sets forth certain procedures and criteria for a county when establishing a claim for recovery of that overissuance of CalFresh benefits.
This bill would require, commencing October 1, 2027, or once the Statewide Automated Welfare System can perform specified automation activities, that CalFresh and CFAP overissuance claims arising out of the same error or intentional program violation be recovered through minimum allotment reductions consecutively, as specified. By expanding county duties relating to the administration of benefits, this bill would impose a state-mandated local program.
Existing law requires the department to establish the County Administrative Cost Control Plan and requires the plan
to establish standards and performance criteria, including workload, productivity, and support services standards.
This bill would require the department to utilize certain information that is necessary to assess performance of, monitor the efficacy and impact of administrative funding of, facilitate technical assistance with county welfare departments related to, and inform the public about service delivery in, the CalFresh program. The bill would require county welfare departments and the California Statewide Automated Welfare System Consortium to provide the information and access to necessary data identified by the department within 60 days, as specified. By increasing county duties, this bill would impose a state-mandated local program.
This bill would appropriate
$344,000 from the General Fund to the State Department of Social Services for the 2026–27 fiscal year for the purpose of implementing CalFresh transparency initiatives, and would make these funds available for encumbrance or expenditure until September 30, 2029.
(7) 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 establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law, commencing October 1, 2024, increases the maximum aid payments in effect on July 1, 2024, by 0.3%.
This bill would, commencing October 1, 2026, increase the maximum aid payments in effect on July 1, 2026, by 1.8%.
Existing law
continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
Existing law provides for the establishment of a methodology to develop the CalWORKs single allocation annual budget. Existing law also requires the State Department of Social Services to reconsider the costs of county operations for county administrative costs in the CalWORKs single allocation for the 2024–25 fiscal year and every 3rd fiscal year thereafter.
This bill would instead require the department to do the above-described reconsideration for the 2024–25 fiscal year, the 2028–29 fiscal year, and every 3rd fiscal year thereafter.
(8) Existing law
establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law requires the department to review the budgeting methodology used to determine the annual funding for county administration of the IHSS program and examine the ongoing workload and administrative costs to counties as part of the review beginning with the 2025–26 fiscal year and every 3rd fiscal year thereafter.
This bill would instead require the department to do the above-described review and examination for the 2025–26 fiscal year, the 2029–30 fiscal year, and every 3rd fiscal year thereafter.
Existing law requires each county to act as, or establish, an employer for in-home supportive service providers. Existing law authorizes a county board of
supervisors to elect to contract with a nonprofit consortium or establish a public authority to provide for the delivery of in-home supportive services. Existing law requires a specified mediation process, including a factfinding panel recommending settlement terms, to be held if a public authority or nonprofit consortium and the employee organization fail to reach agreement on a bargaining contract with IHSS workers. Existing law subjects a county to a withholding of 1991 Realignment funds if, among other things, the county does not reach an agreement with the employee organization within 30 days after the release of the factfinding panel’s recommended settlement terms and the collective bargaining agreement for IHSS providers in the county has expired.
This bill, beginning July 1, 2026, would require a county that has not reached an agreement after the release of the factfinding panel’s recommended settlement terms released prior to June 30, 2026, to have 90 days
to reach an agreement with the employee organization. If no agreement is reached within 90 days, the bill would require the above-described withholding to occur on October 1, 2026.
(9) Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging in the California Health and Human Services Agency and sets forth its mission to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or the least restrictive homelike environments. Existing law requires the department, in consultation with area agencies on aging and stakeholders, to, no later than September 30, 2026, take various actions, including, among others, identifying older adult and family caregiver support programs and services and developing a statewide consumer engagement plan.
This bill
would instead require the department to take the above-described actions no later than September 30, 2027.
(10) Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits. Existing law prohibits a recipient of nutrition benefits or cash benefits from incurring any loss of benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. Existing law requires the State Department of Social Services to establish a protocol to use state funds to replace benefits taken under these circumstances. Existing law authorizes the department to issue an all-county letter or similar
instructions to implement and amend the requirements and protocols to replace the nutrition benefits, pending the adoption of regulations by June 30, 2026.
The bill would delete the above-described authority and instead authorize the department to issue all-county letters or similar written instructions to implement, interpret, or make specific requirements and protocols to replace cash and nutrition benefits, pending the adoption of regulations by June 30, 2030.
Existing law establishes the California Fruit and Vegetable EBT Pilot Project, and requires the department, in consultation with the Department of Food and Agriculture and specified stakeholders, to include within the EBT system a supplemental benefits mechanism that allows an authorized retailer to deliver and redeem supplemental benefits to CalFresh recipients. Existing law repeals the pilot project on January 1, 2027.
The bill would extend the operation of the pilot project to June 30, 2028.
(11) Existing law requires the State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, to administer a grant program that provides support and services to victims and survivors of hate incidents and hate crimes and their families and facilitates hate incident or hate crime prevention measures, as specified. Existing law authorizes the department to use up to 5% of the funds appropriated for department administrative costs, and provides that any funds in excess of 5% may be authorized not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the Chairperson of the Joint Legislative Budget
Committee, or their designee, may in each instance determine. Until October 1, 2025, existing law requires the department, in consultation with the commission, to submit a report for the prior fiscal year that includes certain information, including a list of grant recipients and the amounts allocated to each grantee, as specified. Existing law repeals these provisions on June 30, 2026.
This bill would require the department to submit the above-described report on March 1, 2027, as specified. The bill would remove the provisions relating to administrative costs. The bill would make the remaining provisions inoperative on June 30, 2029, and would repeal them as of January 1, 2030.
Existing law requires the State Department of Social Services, subject to an appropriation, to provide grants to qualified nonprofit organizations through contracts in order to provide persons with certain immigration-related
legal services. Under existing law, a component of that program aims to provide legal counsel and social work services to certain minors without a lawful immigration status. Existing law also includes as a component of that program the provision of legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in the state.
This bill would expand eligibility for legal services provided under the latter component of the program to also include immigrants younger than 21 years of age in removal proceedings and would expand the services to which eligible individuals are entitled under that component to include social services.
Existing law requires a contract awarded pursuant to those provisions to meet specified requirements, including, among other things, to provide for legal services to unaccompanied and undocumented minors.
Existing law requires that the contracts include administrative and supervisory costs and court fees.
This bill would instead require those contracts to provide for legal and social services to immigrant youth. The bill would also authorize, instead of require, the contracts to include administrative and supervisory costs and court fees, as well as client services. The bill would require those contracts to prioritize the provision of social services to eligible immigrant youth, either directly or through partnerships, as specified.
Existing law, subject to the availability of funding, requires the department to provide grants to organizations to provide free education and outreach regarding the services above. Existing law requires the department to provide the Legislature with specified information regarding these grants in the course of budget hearings, including the ethnic communities served.
This bill would remove the requirement to update the Legislature on the ethnic communities served.
(12) Existing federal law, the Indian Child Welfare Act of 1978 (ICWA), governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child’s parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law also provides for the state and an Indian tribe to enter into an agreement regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings. Existing law establishes, in order to provide additional funds to eligible Indian tribes that have entered into an agreement with the state pursuant to those provisions, the Tribally Approved Homes
Compensation Program to provide funds to recruit and approve homes for the purpose of foster or adoptive placement of an Indian child and the Tribal Dependency Representation Program to provide funds to pay for legal counsel to represent the Indian tribe in a California Indian child custody proceeding.
This bill would, upon an appropriation by the Legislature, establish the Tribal Foster Care Prevention Initiative to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs associated with services aimed at preserving families and preventing the entry of children into foster care, as specified. The bill would require a federally recognized Indian tribe that seeks funding for this purpose to submit an annual letter of interest to the department by May 1 of each year. The bill would require the department, subject to an appropriation in the annual Budget Act for this
purpose, to provide each federally recognized Indian tribe that enters into a specified agreement and submits a letter of interest an annual allocation. The bill would require a federally recognized Indian tribe that receives funds to submit a progress report regarding specified information, including the number of Indian children and their families served, to the department on or before September 30 following the close of the fiscal year in which funding was received.
(13) Existing law establishes the Adoption Assistance Program (AAP), administered by the State Department of Social Services, to benefit children residing in foster homes by providing the stability and security of permanent homes. Existing law requires the department or the county, whichever is responsible for determining the child’s AAP eligibility, to assess the needs of the child and the circumstances of the family, with the amount of a cash benefit being
determined based on those factors. Existing law authorizes payment to be made on behalf of an otherwise eligible child in a state-approved group home, short-term residential therapeutic program, or residential care treatment facility if the department or county responsible for determining payment has confirmed that the placement is necessary for the temporary resolution of mental or emotional problems related to a condition that existed before the adoptive placement.
This bill would instead require, before January 1, 2028, the department or county responsible for determining payment to confirm that the placement is necessary for the temporary resolution of mental health, behavioral health, or emotional health needs of the child.
This bill would, commencing January 1, 2028, revise and recast the provisions governing payment of AAP benefits on behalf of a child residing in an in-state, out-of-home placement by, in part, only
permitting these payments if the child is residing in a licensed short-term residential therapeutic program and limiting authorization to a 12-month cumulative period of time, subject to an extension of a one-time 6-month cumulative period of time, as specified. The bill would, commencing January 1, 2028, authorize benefits to be paid on behalf of an otherwise eligible child for wraparound services in lieu of an out-of-home placement if, among other things, the responsible public agency has confirmed that the wraparound services are necessary, as specified. The bill would permit the authorization of payment for wraparound services for a 12-month cumulative period of time, and would permit consecutive reauthorizations, as specified.
Existing law prohibits the AAP rate paid on behalf of a child for these placements from exceeding the rate paid for a short-term residential therapeutic program. Existing law establishes a Tiered Rate Structure, as specified, upon which
the per child per month rate for every child in foster care is based, which includes 3 components, including an amount paid to the foster care provider for care and supervision of the child, a strengths-building allocation to provide for a child’s strengths-building objectives, and an immediate needs allocation to provide for the child’s immediate needs, and establishes payment tiers, as specified. Existing law requires the 3 components of the Tiered Rate Structure to become operative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation for those purposes, whichever is later.
This bill would prohibit the AAP rate for an in-state, out-of-home placement funded by AAP, or for wraparound services funded by AAP, from exceeding the rate paid for a foster care placement in a
short-term residential therapeutic program, or, until the 3 components of the Tiered Rate Structure become operative and the Legislature makes an appropriation for that purpose, would instead prohibit the AAP payment rate from exceeding the sum of the 3 components of the Tiered Rate Structure, as specified.
This bill would require the department to develop, and distribute to counties, a curriculum, no later than January 1, 2028, that includes, at a minimum, education on maintaining AAP benefits, adolescent development and trauma, the importance of maintaining Medi-Cal, the benefits of using adoption-competent clinicians, and how to secure trauma-informed services. The bill would require the department to consult with county placing agencies and community partners in the development of this curriculum.
Existing law authorizes AAP payments for placement in an out-of-state residential treatment facility,
as defined, if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency, defined as the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount, has confirmed that placement is necessary.
This bill would, subject to an appropriation by the Legislature for these purposes, require the department to directly, or through contract with a service provider, ensure transition support services are made available to adoptive families, and would require the responsible public agency to refer the family to postpermanency services at the local level to support the adoptive family in navigating postpermanency services, as specified. The bill would also require, subject to an appropriation by the Legislature for these purposes, the department to interview adoptive parents who agree to submit the
information regarding the reason an out-of-state placement was necessary and the current status of their adoptive children who returned to California on or after July 1, 2025, among other things. The bill would require the department to submit a report to the Legislature, as specified. By imposing duties on counties, this bill would impose a state-mandated local program.
(14) Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities.
Existing
law requires the office to have an ombudsperson and authorizes the ombudsperson to, among other things, investigate complaints from youth and access facilities serving youth involved in the juvenile justice system. Under existing law, an ombudsperson is authorized to meet or communicate privately with any youth, personnel, or volunteer in a juvenile facility and interview any relevant witnesses and to take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. Existing law requires the ombudsperson to have access to, review, receive, and make copies of any record of a local agency, including all juvenile facility records at all times, expect as otherwise prohibited.
This bill would specify that the ombudsperson can meet or communicate privately with any youth, individually or in groups of youth. The bill would specify the equipment that an ombudsperson
is permitted to carry with them when meeting or communicating with youth pursuant to these provisions includes, but is not limited to, state-issued computers, audio or video recording devices, cameras, or technology to provide the ombudsperson internet access. The bill would also expand the definition of “record” under these provisions to include grievances or complaints. By imposing additional duties on local entities, this bill would impose a state-mandated local program.
Existing law establishes the Youth Bill of Rights, which includes the right to live in a safe, healthy, and clean environment conducive to treatment and rehabilitation, to contact attorneys, ombudspersons, and other advocates regarding conditions of confinement or violations of rights, and to receive a quality education. Existing law requires the Office of the Ombudsperson of the Office of Youth and Community Restoration to design posters and provide the posters to specified juvenile facility
operators. Existing law requires every juvenile facility to provide youth placed in the facility with an orientation that includes an explanation and copy of the rights and responsibilities and to post a listing of the rights in a conspicuous location. Existing law requires that a copy of the rights of youth be included in orientation packets provided to parents or guardians of wards.
This bill would specify that the copy of the rights and responsibilities of youth to be provided to youth during orientation needs to be as designed and provided by the Ombudsperson of the Office of Youth and Community Restoration. The bill would require that the posters designed and provided by the ombudsperson be posted in a conspicuous area, including near the telephones that youth can use to call the ombudsperson. The bill would also require that the rights be provided to parents or guardians of each youth placed in a juvenile facility and that copies of the posters and brochures
be made available in lobbies and visiting areas of juvenile justice facilities, as specified. By imposing additional duties on local entities, this bill would impose a state-mandated local program.
(15) 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.
(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8260 of the Government Code is amended to read:8260.
(a) The State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall administer a grant program that provides support and services to victims and survivors of hate incidents and hate crimes and their families and facilitates hate incident or hate crime prevention measures. The grant program shall prioritize victims, survivors, and vulnerable populations with high or increasing levels of hate incidents or hate crimes who have historically faced barriers to accessing appropriate care and services. In developing the grant program criteria, the department shall consult with the Commission on Asian and Pacific Islander American Affairs and may consult with other state departments as necessary.(b) The department, in consultation with the Commission on the Asian and Pacific Islander American Affairs, shall develop a process to award grants to qualified grantees to be used to provide at least one of the following:
(1) Community-based supports and services to victims and survivors of hate incidents or hate crimes, and their families, which may include health care services, mental health services, and legal services.
(2) Hate incident and hate crime prevention measures, which may include community engagement and education, community conflict resolution, in-language outreach, services to escort community members in public, community healing, collaboration, cross-racial building, and community diversity training.
(c) (1) Qualified grantees shall include nonprofit entities that meet the requirements set forth in either paragraph (3) or paragraph (5) of subdivision (c) of Section 501 of the Internal Revenue Code. An entity may partner with another entity to meet the requirements of this paragraph.
(2) Qualified grantees shall have experience providing supports and services to victims and survivors of hate incidents and hate crimes and hate incident and hate crime prevention measures in a language competent and culturally competent manner or funding organizations that provide such services. A qualified grantee that is awarded funds pursuant to this section shall comply with tracking and reporting procedures to be determined by the department.
(d)The department may use up to five percent of the funds appropriated for department administrative costs. Any funds in excess of five percent may be authorized pursuant to this section not sooner than 30 days after notification in writing of the necessity therefor is provided to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the Chairperson of the Joint Legislative Budget Committee, or the Chairperson’s designee, may in each instance determine.
(e)
(d) The department may enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program.
(f)
(e) Notwithstanding any other law, contracts issued pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(g)
(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), the State Department of Social Services may implement and administer this provision without adopting regulations.
(h)
(g) The Legislature finds and declares that this section is a state law that provides assistance and services for undocumented persons within the meaning of subdivision (d) of Section 1621 of Title 8 of the United States Code.
(i)
(h) Beginning on October 1, 2022, and annually thereafter until October 1, 2025, the The department, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall submit a an implementation report for the prior fiscal year by March 1, 2027, to the budget committees of both houses. The report shall include a list of the grant recipients and the amounts allocated to each grantee, the supports and services and hate incident and hate crime prevention measures provided by each grantee, and the geographic location of each grantee.
(j)
(i) This section shall remain in effect only until become inoperative on June 30, 2026, and 2029, and, as of that date January 1, 2030, is repealed.
SEC. 2.
Section 13074.1 is added to the Government Code, to read:13074.1.
(a) If the Department of Finance is required by law to make a calculation related to cost of living or annual adjustment factors and necessary data is unavailable, the department may use a reasonable estimate of that data to perform the calculation.(b) A calculation made pursuant to subdivision (a) shall be deemed final for purposes of the law requiring the department to make the calculation.
SEC. 3.
Chapter 3.66 (commencing with Section 1597.80) is added to Division 2 of the Health and Safety Code, to read:CHAPTER 3.66. Information Technology Systems and Services Modernization
1597.80.
This chapter shall apply to information technology systems and services under the jurisdiction of the State Department of Social Services used to carry out the purposes and intent of any of the following:(a) Chapter 3 (commencing with Section 1500).
(b) Chapter 3.01 (commencing with Section 1568.01).
(c) Chapter 3.15 (commencing with Section 1568.21).
(d) Chapter 3.2 (commencing with Section 1569).
(e) Chapter 3.35 (commencing with Section 1596.60).
(f) Chapter 3.4 (commencing with Section 1596.70).
(g) Chapter 3.5 (commencing with Section 1596.90).
(h) Chapter 3.6 (commencing with Section 1597.30).
(i) Chapter 3.62 (commencing with Section 1597.640).
(j) Chapter 3.65 (commencing with Section 1597.70).
(k) Chapter 10 (commencing with Section 1770).
(l) Chapter 13 (commencing with Section 1796.10).
(m) Chapter 15 (commencing with Section 1796.80).
1597.81.
A user of the information technology systems and services described in Section 1597.80 may use an electronic signature, as defined in Section 1633 of the Civil Code, that complies with state and federal standards, as determined by the State Department of Social Services. The use of an electronic signature shall have the same force and effect as the use of a manual signature.1597.82.
A user of the information technology systems and services described in Section 1597.80 may electronically pay any fee or civil penalty assessed by the State Department of Social Services. A user who elects to make an electronic payment pursuant to this section shall be responsible for any associated payment processing costs, including, but not limited to, service fees, processing fees, transaction fees, convenience fees, and credit card surcharge fees.1597.83.
The State Department of Social Services may adopt, amend, or repeal any rules and regulations that may be necessary or proper to carry out the purposes and intent of this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 4.
Section 1796.37 of the Health and Safety Code is amended to read:1796.37.
(a) The department may issue a home care organization license to a home care organization applicant that satisfies the requirements set forth in this chapter, including all of the following:(1) Files a complete home care organization application, including the fees required pursuant to Section 1796.49.
(2) Submits proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.
(3) Submits proof of a valid workers’ compensation policy covering its affiliated home care aides. The proof shall consist of the policy
number, the effective and expiration dates of the policy, and the name and address of the policy carrier.
(4) Submits proof of an employee dishonesty bond, including third-party coverage, with a minimum limit of ten thousand dollars ($10,000).
(5) Provides the department, upon request, with a complete list of its affiliated home care aides, and proof that each satisfies the requirements of Sections 1796.43, 1796.44, and 1796.45.
(6) Passes a background examination, as required pursuant to Section 1796.33.
(7) Completes a department orientation.
(8) Does not have any outstanding fees or civil penalties due to the department.
(9) Discloses prior or present service as an administrator, general partner, corporate officer, or director of, or discloses that the applicant has held or holds a beneficial ownership of 10 percent or more in, any of the following:
(A) A community care facility, as defined in Section 1502.
(B) A residential care facility, as defined in Section 1568.01.
(C) A residential care facility for the elderly, as defined in Section 1569.2.
(D) A child day care facility, as defined in Section 1596.750.
(E) A day care center, as described in Chapter 3.5 (commencing with Section 1596.90).
(F) A family day care home, as
described in Chapter 3.6 (commencing with Section 1597.30).
(G) An employer-sponsored childcare center, as described in Chapter 3.65 (commencing with Section 1597.70).
(H) A home care organization licensed pursuant to this chapter.
(10) Discloses any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (9).
(11) Provides evidence that every member of the board of directors, if applicable, understands their legal duties and obligations as a member of the board of directors and that the home care organization’s operation is governed by laws and regulations that are enforced by the department.
(12) Provides any other information as may be required by the department for the proper administration and enforcement of this chapter.
(13) Cooperates with the department in the completion of the home care organization license application process. Failure of the home care organization licensee to cooperate may result in the withdrawal of the home care organization license application. For purposes of this section, “failure to cooperate” means that the information described in this chapter and in any rules and regulations promulgated pursuant to this chapter has not been provided, or not provided in the form requested by the department, or both.
(b) A home care organization licensee shall renew the home care organization license every two years. The department may renew a home care organization license if the licensee satisfies the requirements set forth in this
chapter, including the following:
(1) Submits the nonrefundable fees required pursuant to Section 1796.49, which shall be postmarked on or before the expiration of the license. A home care organization license that is not renewed shall expire two years after the date of issuance.
(2) Does not have any outstanding fees or civil penalties due to the department.
(3) Provides any other information as may be required by the department for the proper administration and enforcement of this chapter.
(4) Cooperates with the department in the completion of the home care organization license renewal process. Failure of the home care organization licensee to cooperate may result in the expiration of the home care organization license or a denial of the home care
organization license renewal. For purposes of this section, “failure to cooperate” means that the information described in this chapter and in any rules and regulations promulgated pursuant to this chapter has not been provided, or not provided in the form requested by the department, or both.
(c) (1) The department shall notify a licensed home care organization in writing of its renewal fee.
(2) Written notification pursuant to this subdivision shall be mailed to the licensed home care organization’s mailing address of record at least 60 days before the effective renewal date of the license.
(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.
Section 1796.37 is added to the Health and Safety Code, to read:1796.37.
(a) The department may issue a home care organization license to a home care organization applicant that satisfies the requirements set forth in this chapter, including all of the following:(1) Files a complete home care organization application, including the fees required pursuant to Section 1796.49.
(2) Submits proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.
(3) Submits proof of a valid workers’ compensation policy covering its affiliated home care aides. The proof shall consist of the policy
number, the effective and expiration dates of the policy, and the name and address of the policy carrier.
(4) Submits proof of an employee dishonesty bond, including third-party coverage, with a minimum limit of ten thousand dollars ($10,000).
(5) Provides the department, upon request, with a complete list of its affiliated home care aides, and proof that each satisfies the requirements of Sections 1796.43, 1796.44, and 1796.45.
(6) Passes a background examination, as required pursuant to Section 1796.33.
(7) Completes a department orientation.
(8) Does not have any outstanding fees or civil penalties due to the department.
(9) Discloses prior or present service as an administrator, general partner, corporate officer, or director of, or discloses that the applicant has held or holds a beneficial ownership of 10 percent or more in, any of the following:
(A) A community care facility, as defined in Section 1502.
(B) A residential care facility, as defined in Section 1568.01.
(C) A residential care facility for the elderly, as defined in Section 1569.2.
(D) A child day care facility, as defined in Section 1596.750.
(E) A day care center, as described in Chapter 3.5 (commencing with Section 1596.90).
(F) A family day care home, as
described in Chapter 3.6 (commencing with Section 1597.30).
(G) An employer-sponsored childcare center, as described in Chapter 3.65 (commencing with Section 1597.70).
(H) A home care organization licensed pursuant to this chapter.
(10) Discloses any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (9).
(11) Provides evidence that every member of the board of directors, if applicable, understands their legal duties and obligations as a member of the board of directors and that the home care organization’s operation is governed by laws and regulations that are enforced by the department.
(12) Provides any other information as may be required by the department for the proper administration and enforcement of this chapter.
(13) Cooperates with the department in the completion of the home care organization license application process. Failure of the home care organization licensee to cooperate may result in the withdrawal of the home care organization license application. For purposes of this section, “failure to cooperate” means that the information described in this chapter and in any rules and regulations promulgated pursuant to this chapter has not been provided, or not provided in the form requested by the department, or both.
(b) A home care organization licensee shall satisfy the requirements set forth in this chapter and shall annually, on or before the anniversary of the issuance date of the license, satisfy all of the following requirements:
(1) Submit the fees required pursuant to Section 1796.49, which shall be postmarked or received on or before the due date.
(2) Not have any outstanding fees or civil penalties due to the department.
(3) Provide any other information as may be required by the department for the proper administration and enforcement of this chapter.
(4) Cooperate with the department in the completion of the requirements of this subdivision. Failure of the home care organization licensee to cooperate may result in the revocation of the home care organization license. For purposes of this section, “failure to cooperate” means that the information described in this chapter and in any rules and regulations promulgated pursuant to this chapter has not been provided, or not
provided in the form requested by the department, or both.
(c) (1) The department shall notify a licensed home care organization in writing of its annual license fee.
(2) Written notification pursuant to this subdivision shall be mailed to the licensed home care organization’s mailing address of record at least 60 days before the due date of the annual licensing fee.
(d) The failure of an applicant for licensure or a licensee to pay all fees and civil penalties shall constitute grounds for denial or revocation of the license.
(e) This section shall become operative on January 1, 2029.
SEC. 6.
Section 1796.47 of the Health and Safety Code is amended to read:1796.47.
(a) (1) Administration of this program shall be fully supported by fees and not civil penalties.(A) Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering this chapter, or penalties collected pursuant to this chapter that are appropriated by the Legislature for the purposes of this chapter, no General Fund moneys shall be used for any purpose under this chapter.
(B) Notwithstanding subparagraph (A), beginning July 1, 2026, General Fund moneys may be appropriated to help support this program, along with fee revenues.
(2) A portion of moneys collected in the administration of this chapter, as designated by the department, may be used for community outreach consistent with this chapter.
(3) Notwithstanding the requirements of paragraph (1), General Fund moneys may be used to administer this chapter, as appropriated by the Budget Act of 2023 and the Budget Act of 2024.
(b) The Home Care Fund is hereby created within the State Treasury for the purpose of this chapter. All licensure and registration fees authorized by this chapter shall be deposited into the Home Care Fund, except the fingerprint fees collected pursuant to Section 1796.23,
which shall be deposited into the Fingerprint Fees Account. Moneys in this fund shall, upon appropriation by the Legislature, be made available to the department for purposes of administering this chapter.
(c) Any fines and penalties collected pursuant to this chapter shall be deposited into the Home Care Technical Assistance Fund, which is hereby created as a subaccount within the Home Care Fund. Moneys in the Home Care Technical Assistance Fund shall, upon appropriation by the Legislature, be available to the department for the purposes of providing technical assistance, training, and education pursuant to this chapter.
(d) (1) The department shall submit a report to the Legislature, no later than January 10, 2025, providing an update to the following:
(A) The solvency of the Home Care Fund,
including any new resources.
(B) Recommendations on a new fee structure that allows the program to be self-sustaining or request any additional resource needs.
(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(e) (1) Beginning January 1, 2024, the department shall submit quarterly written progress updates to the relevant legislative budget subcommittees and the Legislative Analyst’s Office, to facilitate the Legislature’s oversight of the department’s progress within the home care program. These updates shall include information regarding, at a minimum, all of the following:
(A) Staffing, including progress on hiring for the 15 new positions requested as
part of the Budget Act of 2023, and progress on efforts toward elevating the Home Care Services Bureau into a branch of the department.
(B) Licensing, investigations, enforcement, and oversight, including up-to-date workload metrics, including all of the following:
(i) Home care aides, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time.
(ii) Home care organizations, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time.
(iii) Home care organization visits, including the number of visits completed.
(iv) Complaints, including the number received, the number investigated, and descriptions of the most common types of complaints.
(v) Businesses providing unlicensed home care services, including a description of any enforcement actions taken against businesses providing unlicensed home care services, and the estimated number continuing to operate.
(C) Fee structure review, including progress toward assessing the home care licensing fee structure and identifying any new resources that would facilitate the sustainability of the Home Care Fund.
(2) This subdivision shall become inoperative on January 10, 2025, or when the department delivers the report described in subdivision (d), whichever is later.
SEC. 7.
Section 1796.49 of the Health and Safety Code is amended to read:1796.49.
(a) (1) A home care organization applicant or home care organization licensee shall pay all of the following fees:(1)
(A) A nonrefundable 24-month initial license fee, as prescribed by the department, fee of five thousand six hundred three dollars ($5,603) for a home care organization application.
(2)
(B) A two-year nonrefundable license renewal fee, as determined by the department. fee of five thousand six hundred three dollars ($5,603) to maintain a home care organization license.
(3)
(C) Other reasonable fees as prescribed by the department necessary for the administration of this chapter.
(2) If the reasonable regulatory cost to the department of administering the program is less than five thousand six hundred three dollars ($5,603) per applicant or licensee, the department may, by regulation, reduce the fees established by this subdivision to the reasonable regulatory cost.
(b) The fees collected shall be deposited into the Home Care Fund pursuant
to subdivision (b) of Section 1796.47, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.
Section 1796.49 is added to the Health and Safety Code, to read:1796.49.
(a) (1) A home care organization applicant or home care organization licensee shall pay the following fees:(A) An initial license fee of five thousand six hundred three dollars ($5,603) for a home care organization application.
(B) (i) An annual license fee of two thousand eight hundred two dollars ($2,802) to maintain a home care organization license.
(ii) A home care organization license that was issued or renewed from January 1, 2028, to January 1, 2029, inclusive, shall not be required to pay an annual license fee in 2029.
(C) A late fee of one thousand four hundred one dollars ($1,401) if a licensee does not pay the annual license fee on or before the due date, or, if sent by mail, the postmark on the envelope containing the payment is after the due date.
(D) A fee to cover any costs incurred by the department for processing the applicant’s or licensee’s payments, including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges.
(E) A probation monitoring fee of two thousand eight hundred two dollars ($2,802) for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code).
(F) Other reasonable fees, as prescribed by the department, that are necessary for the administration of this chapter.
(2) If the reasonable regulatory cost to department of administering the program is less than the amounts established in paragraph (1), the department may, by regulation, reduce those fees to the reasonable regulatory cost.
(b) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (b) of Section 1796.47, except the fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account.
(c) This section shall become operative on January 1, 2029.
SEC. 9.
Section 1796.55 of the Health and Safety Code is amended to read:1796.55.
(a) A home care organization that operates in violation of any requirement or obligation imposed by this chapter or any rule or regulation promulgated pursuant to this chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter.(b) When the department determines that a home care organization is in violation of this chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant
to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, revoke, or deny renewal of the license. The director or his or her their designee shall also inform the licensee of rights to a hearing pursuant to this chapter.
(c) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected.
(d) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 10.
Section 1796.55 is added to the Health and Safety Code, to read:1796.55.
(a) A home care organization that operates in violation of any requirement or obligation imposed by this chapter or any rule or regulation promulgated pursuant to this chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter.(b) When the department determines that a home care organization is in violation of this chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant
to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, or revoke the license. The director or their designee shall also inform the licensee of rights to a hearing pursuant to this chapter.
(c) (1) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected.
(2) Consistent with paragraph (1), the department may determine the daily fine for each type of violation and, if it does so, shall adopt regulations that specify the fine for each type of violation.
(d) (1) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings.
(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.
(e) This section shall become operative on January 1, 2029.
SEC. 11.
Section 224.72 of the Welfare and Institutions Code is amended to read:224.72.
(a) Every juvenile facility shall provide each youth who is placed in the facility with an age and developmentally appropriate orientation that includes an explanation and a copy of the rights and responsibilities of the youth, as specified in Section 224.71, as designed and provided by the Ombudsperson of the Office of Youth and Community Restoration pursuant to subdivision (e) of Section 2200, and that addresses the youth’s questions and concerns.(b) Each juvenile facility shall post a listing posters designed and provided by the Ombudsperson of the Office of Youth and Community Restoration pursuant to subdivision (e) of Section 2200 that list the rights provided by Section 224.71 in a conspicuous location, including classrooms classrooms, living units, and living units. near the telephones that youth can use to call the ombudsperson.
(c) A copy of the rights of the youth shall be included in orientation packets provided to parents or guardians of wards. Copies each youth placed in a juvenile facility. The posters and brochures designed and provided by the Ombudsperson of the rights Office of youth Youth and Community Restoration pursuant to subdivision (e) of Section 2200, with copies in English, Spanish, and other languages languages, shall also be made available in the lobbies and visiting areas of juvenile justice facilities and, upon request, to parents or guardians.
SEC. 12.
Section 2200 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 385 of the Statutes of 2024, is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(b) The office’s mission is to promote trauma responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities.
(c) The office shall have the responsibility and authority to do all of the following:
(1) Once data becomes available as a result of the plan developed to Section 13015 of the Penal Code, develop a report on youth
outcomes in the juvenile justice system.
(2) Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.
(3) Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.
(4) Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex offender, substance abuse, and mental health treatment.
(5) Report annually on the work of the Office of Youth and Community Restoration.
(6) (A) Develop an annual report on chronic absenteeism rates in juvenile court schools at juvenile facilities. The office may work with the State Department of Education and county offices of education to include data for all juvenile court schools.
(B) Subject to available funding, investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of 15 percent or more, including, but not limited to, an investigation of whether the juvenile facility has provided sufficient staff to support transportation and access to educational services and whether policies or practices have been implemented that withhold educational services from youth as a means of individual or group punishment. The office shall include a summary of the findings of any investigation it conducts in the annual report.
(C) Subject to available
funding, if, after an investigation, the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, provide technical assistance to ameliorate the identified causes of the chronic absenteeism.
(d) The office shall have an ombudsperson, who has the authority to do all of the following:
(1) Investigate complaints from youth.
(2) Decide, in its discretion, whether to investigate complaints from youth who are detained in the, or committed to, juvenile facilities, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, or refer complaints to another body for investigation.
(3) Publish and provide regular reports to the Legislature about complaints received and subsequent findings and actions taken, pursuant to Section 2200.5.
(4) Have access to, review, and receive and make copies of any record of a local agency, and contractors with local agencies, including, but not limited to, all juvenile facility records, at all times, except personnel records legally required to be kept confidential. Access to records shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.
(5) Meet or communicate privately with any youth, individually or in groups of youth. Meet or communicate privately with any personnel, or volunteer in a
juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, and may interview any relevant witnesses. The ombudsperson may interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements. The ombudsperson shall be granted access to youth at all times, and may take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The ombudsperson shall be permitted to carry with them and use the equipment necessary to document the meeting or communication with youth as described in this section, to the extent not otherwise prohibited by applicable federal or state law. This equipment includes, but is not limited to, state-issued computers, audio or video recording devices, cameras, or technology providing the ombudsperson internet
access. Access shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.
(6) Disseminate information and provide training and technical assistance to youth who are involved in the juvenile justice system, including by providing training to currently incarcerated youth as individuals or in a group, in a private setting. Disseminate information and provide training and technical assistance to social workers, probation officers, tribal child welfare agencies, child welfare organizations, children’s and youth advocacy groups, consumer and service provider organizations, and other interested parties on the rights of youth involved in the juvenile justice system and the services provided by the ombudsperson. The rights shall include rights set forth in
federal and state law and regulations for youth detained in or committed to juvenile justice facilities. The information shall include methods of contacting the ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.
(7) Access, visit, and observe juvenile facilities and premises within the control of a county, or local agency, or a contractor with a county, or local agency, serving youth involved in the juvenile justice system. The ombudsperson shall be granted access to the facilities at any time with or without prior notice.
(8) For purposes of this section, “record” means documents, papers, memoranda, logs, reports, letters, calendars, schedules, notes, files, drawings, grievances or
complaints, and electronic content, including, but not limited to, videos, photographs, blogs, video blogs, instant and text messages, email, or other items developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
(9) Ombudsperson staff shall conduct a site visit to every juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, no less frequently than once per year.
(e) The Division of the Ombudsperson of the Office of Youth and Community Restoration shall design posters and provide the posters to each juvenile facility operator subject to Section 224.72. These posters shall include the toll-free telephone number of the Ombudsperson of the Office of Youth and Community Restoration.
(f) Consistent with Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code, on or before July 1, 2023, the Office of Youth and Community Restoration shall ensure the listing of rights and posters described in this section are translated into Spanish and other languages as determined necessary and distribute to each juvenile facility operator.
(g) (1) The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the Legislature.
(2) To meet the need to monitor and evaluate local responses for youth realigned to counties from the Division of Juvenile Justice, the Office of Youth and Community Restoration shall
collect the data described in this paragraph not less frequently than two times per year. Commencing no later than April 1, 2025, for the reporting period from July 1, 2024, through December 31, 2024, and no later than October 1, 2025, for the reporting period from January 1, 2025, through June 30, 2025, and on this schedule every six months thereafter through October 1, 2029, county probation departments shall provide the office with the data described in this paragraph in a format designated by the office. The office shall publish a report of state and county findings not less frequently than annually. The submissions by county probation departments to the office shall include all of the following, disaggregated by gender, age, and race or ethnicity:
(A) Number of youth and their most serious commitment offense, if known, who are under the county’s supervision who are committed to a secure youth treatment facility, including youth committed
to secure youth treatment facilities in another county.
(B) Number of individual youth in the county who were adjudicated for an offense pursuant to subdivision (b) of Section 707 of this code or Section 290.008 of the Penal Code.
(C) Number of youth, including their commitment offense or offenses, if known, transferred from a secure youth treatment facility to a less restrictive program under the terms and provisions of subdivision (f) of Section 875, disaggregated by program description, as defined by the office.
(D) Number of youth for whom a hearing to transfer jurisdiction to an adult criminal court was held, and the number of youth whose jurisdiction was transferred to adult criminal court.
(3) The reporting and data collection provisions of
paragraph (2) shall become inoperative on January 1, 2030.
(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), for the purposes of paragraph (2), the office may, if it deems it appropriate, implement, interpret, or make specific paragraph (2) by means of written guidelines or similar instructions from the office.
(h) Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025. The allocation of funds dedicated to the Local Revenue Fund 2011 and its accounts, subaccounts, and special accounts shall be consistent with Chapter 6.3
(commencing with Section 30025) of Division 3 of Title 3 of the Government Code.
(i) The Office of Youth and Community Restoration shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers requiring direct contact with young people in juvenile facilities or access to criminal offender record information, as defined by Section 11075 of the Penal Code, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Office of Youth and Community Restoration may establish
grantmaking programs with the funding designated in the Budget Act of 2021 and with other funding available for that purpose by means of information notices or other similar instructions, without taking further regulatory action.
(k) The Office of Youth and Community Restoration may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing those activities funded by the Budget Act of 2021 and other funding available for these purposes. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and are exempt from the review or approval of any division of the Department
of General Services.
(l) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 13.
Section 2200 of the Welfare and Institutions Code, as amended by Section 2 of Chapter 385 of the Statutes of 2024, is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(b) The office’s mission is to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities.
(c) The office shall have the responsibility and authority to do all of the following:
(1) Once data becomes available as a result of the plan developed to Section 13015 of the Penal Code, develop a report on youth
outcomes in the juvenile justice system.
(2) Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.
(3) Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.
(4) Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex offender, substance abuse, and mental health treatment.
(5) Report annually on the work of the Office of Youth and Community Restoration.
(6) (A) Develop an annual report on chronic absenteeism rates in juvenile court schools at juvenile facilities. The office may work with the State Department of Education and county offices of education to include data for all juvenile court schools.
(B) Subject to available funding, investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of 15 percent or more, including, but not limited to, an investigation of whether the juvenile facility has provided sufficient staff to support transportation and access to educational services and whether policies or practices have been implemented that withhold educational services from youth as a means of individual or group punishment. The office shall include a summary of the findings of any investigation it conducts in the annual report.
(C) Subject to available
funding, if, after an investigation, the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, provide technical assistance to ameliorate the identified causes of the chronic absenteeism.
(d) The office shall have an ombudsperson, who has the authority to do all of the following:
(1) Investigate complaints from youth.
(2) Decide, in its discretion, whether to investigate complaints from youth who are detained in the, or committed to, juvenile facilities, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, or refer complaints to another body for investigation.
(3) Publish and provide regular reports to the Legislature about complaints received and subsequent findings and actions taken, pursuant to Section 2200.5.
(4) Have access to, and make copies of any record of a local agency, and contractors with local agencies, including, but not limited to, all juvenile facility records, at all times, except personnel records legally required to be kept confidential. Access to records shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.
(5) Meet or communicate privately with any youth, individually or in groups of youth. Meet or communicate privately with any personnel, or volunteer in a juvenile facility
and premises within the control of a county or local agency, or a contractor with a county or local agency, and may interview any relevant witnesses. The ombudsperson may interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements. The ombudsperson shall be granted access to youth at all times, and may take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The ombudsperson shall be permitted to carry with them and use the equipment necessary to document the meeting or communication with youth as described in this section, to the extent not otherwise prohibited by applicable federal or state law. This equipment includes, but is not limited to, state-issued computers, audio, or video recording devices, cameras, or technology providing the ombudsperson internet
access. Access shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.
(6) Disseminate information and provide training and technical assistance to youth who are involved in the juvenile justice system, including by providing training to currently incarcerated youth as individuals or in a group, in a private setting. Disseminate information and provide training and technical assistance to social workers, probation officers, tribal child welfare agencies, child welfare organizations, children’s and youth advocacy groups, consumer and service provider organizations, and other interested parties on the rights of youth involved in the juvenile justice system and the services provided by the ombudsperson. The rights shall include rights set forth in
federal and state law and regulations for youth detained in or committed to juvenile justice facilities. The information shall include methods of contacting the ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.
(7) Access, visit, and observe juvenile facilities and premises within the control of a county, or local agency, or a contractor with a county, or local agency, serving youth involved in the juvenile justice system. The ombudsperson shall be granted access to the facilities at any time with or without prior notice.
(8) For purposes of this section, “record” means documents, papers, memoranda, logs, reports, letters, calendars, schedules, notes, files, drawings, grievances or
complaints, and electronic content, including, but not limited to, videos, photographs, blogs, video blogs, instant and text messages, email, or other items developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
(9) Ombudsperson staff shall conduct a site visit to every juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, no less frequently than once per year.
(e) The Division of the Ombudsperson of the Office of Youth and Community Restoration shall design posters and provide the posters to each juvenile facility operator subject to Section 224.72. These posters shall include the toll-free telephone number of the Ombudsperson of the Office of Youth and Community Restoration.
(f) Consistent with Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code, on or before July 1, 2023, the Office of Youth and Community Restoration shall ensure the listing of rights and posters described in this section are translated into Spanish and other languages as determined necessary and distribute to each juvenile facility operator.
(g) (1) The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the Legislature.
(2) To meet the need to monitor and evaluate local responses for youth realigned to counties from the Division of Juvenile Justice, the Office of Youth and Community Restoration shall
collect the data described in this paragraph not less frequently than two times per year. Commencing no later than April 1, 2025, for the reporting period from July 1, 2024, through December 31, 2024, and no later than October 1, 2025, for the reporting period from January 1, 2025, through June 30, 2025, and on this schedule every six months thereafter through October 1, 2029, county probation departments shall provide the office with the data described in this paragraph in a format designated by the office. The office shall publish a report of state and county findings not less frequently than annually. The submissions by county probation departments to the office shall include all of the following, disaggregated by gender, age, and race or ethnicity:
(A) Number of youth and their most serious commitment offense, if known, who are under the county’s supervision who are committed to a secure youth treatment facility, including youth committed
to secure youth treatment facilities in another county.
(B) Number of individual youth in the county who were adjudicated for an offense pursuant to subdivision (b) of Section 707 of this code or Section 290.008 of the Penal Code.
(C) Number of youth, including their commitment offense or offenses, if known, transferred from a secure youth treatment facility to a less restrictive program under the terms and provisions of subdivision (f) of Section 875, disaggregated by program description, as defined by the office.
(D) Number of youth for whom a hearing to transfer jurisdiction to an adult criminal court was held, and the number of youth whose jurisdiction was transferred to adult criminal court.
(3) The reporting and data collection provisions of
paragraph (2) shall become inoperative on January 1, 2030.
(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), for the purposes of paragraph (2), the office may, if it deems it appropriate, implement, interpret, or make specific paragraph (2) by means of written guidelines or similar instructions from the office.
(h) Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025. The allocation of funds dedicated to the Local Revenue Fund 2011 and its accounts, subaccounts, and special accounts shall be consistent with Chapter 6.3
(commencing with Section 30025) of Division 3 of Title 3 of the Government Code.
(i) The Office of Youth and Community Restoration shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers requiring direct contact with young people in juvenile facilities or access to criminal offender record information, as defined by Section 11075 of the Penal Code, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(j) This section shall become operative on January 1, 2028.
SEC. 14.
Section 9002 of the Welfare and Institutions Code is amended to read:9002.
The Legislature finds and declares all of the following:(a) Programs shall be initiated, promoted, and developed through all of the following:
(1) Volunteers and volunteer groups.
(2) Partnership with local governmental agencies.
(3) Coordinated efforts of state agencies.
(4) Coordination and cooperation with federal programs.
(5) Partnership with private health and social service agencies, community benefit organizations, and health plans.
(6) Participation by older adults in the planning and operation of all programs and services that may affect them.
(b) It shall be the policy of this state to give attention to the unique concerns of older adults with the greatest social and economic needs.
(c) In recognition of the many governmental programs serving older adults, and as specified in paragraph (2) of subdivision (c) of Section 9102, the California Department of Aging should coordinate, as existing resources permit, with other state departments in doing all of the following:
(1) Promote clear
and simplified access to information assistance and services arrangements.
(2) Ensure that older adults retain the right of free choice in planning and managing their lives.
(3) Ensure that health and social services are available to do all of the following:
(A) Allow older adults to live independently at home or with others.
(B) Provide for advocacy for expansion of existing programs that prevent or minimize illness or social isolation, and allow individuals to maximize their dignity and choice of living.
(C) Provide for protection of older adults from physical and mental abuse, neglect, and fraudulent practices.
(4) Foster
both preventive and primary health care, including mental and physical health care, to keep older adults active and contributing members of society.
(5) Encourage public and private development of suitable housing.
(6) Develop and seek support for plans to ensure access to information, counseling, and screening.
(7) Encourage public and private development of suitable housing and recreational opportunities to meet the needs of older adults.
(8) Encourage development of efficient community services including access to low-cost transportation services, that provide a choice in supported living arrangements and social assistance in a coordinated manner and that are readily available when needed.
(9) Encourage and develop meaningful employment opportunities for older adults.
(10) Encourage the development of barrier-free construction and the removal of architectural barriers, so that more facilities are accessible to older adults.
(11) Promote development of programs to educate persons who work with older adults.
(12) Encourage and support intergenerational programming and participation by community organizations and institutions to promote better understanding among the generations.
(d) The California Department of Aging shall ensure that, to the extent possible, the services provided for in accordance with this division shall be coordinated and integrated with services provided to older adults by other entities of the state. That
integration may include, but not be limited to, the reconfiguration of state departments into a coordinated unit that can provide for multiple services to the same consumers. Services provided under this division shall be managed, directly or through contract, by local area agencies on aging or other local systems.
(e) On or before September 30, 2026, 2027, and in consultation with area agencies on aging and stakeholders, the department shall do all of the following:
(1) Identify the core programs and services to be provided to older adults and family caregivers, as directed by the Older Americans Act by all area agencies on aging or their contracted service providers.
(2) Submit to the Legislature and the federal Administration for Community Living an update to the intrastate funding formula, based on any revised area agency on aging designations and any modifications to planning service area map boundaries, and other factors and weights that may be adopted or required under state and federal statute and regulations.
(3) Develop objectives, key results, and a performance measurement methodology for core programs and services identified in paragraph (1) for adoption by the area agencies on aging.
(4) Develop a statewide consumer engagement plan. The statewide consumer engagement plan shall seek to raise public awareness of older adult and family caregiver programs and services, identify access points for information and assistance, provide consistent messaging to all audiences, and improve outreach to underrepresented communities and underserved populations, including rural Californians, Asian-Pacific Islander, Black, Latino, Native American and LGBTQ+ older adults, people with disabilities, and family caregivers.
(f) (1) In consultation with area agencies on aging and stakeholders, the department shall develop and
submit regulations to the Office of Administrative Law that address, at a minimum, all of the following:
(A) The application process to determine an area agency on aging designation.
(B) The criteria used for an area agency on aging designation.
(C) The criteria used to remove an area agency on aging designation.
(D) Substantive updates to the intrastate funding formula.
(2) At the conclusion of the rulemaking process identified in paragraph (1), the department may consider letters of intent from counties interested in being considered for designation as the area agency on aging that serves its local jurisdiction.
(3) The
department shall submit a plan including the updated area agency on aging designations and any corresponding changes to the statewide planning and service area map to the Legislature at least 90 days before final adoption.
(g) (1) A change made pursuant to this section shall be made in accordance with applicable federal statutes and regulations.
(2) The department shall take reasonable steps to ensure minimal disruption in the provision of older adult and family caregiver services in affected counties.
SEC. 15.
Section 10072 of the Welfare and Institutions Code is amended to read:10072.
The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following:(a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system.
(b) To the maximum extent feasible, electronic benefits transfer systems shall be designed
to be compatible with the electronic benefits transfer systems in other states.
(c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems, including, but not limited to, automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p).
(d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier.
These alternative methods shall conform to the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system.
(e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember their number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, they may designate whether restrictions apply to the
third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits.
(f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(g) The system shall have an internet website that will provide recipients, at no additional cost to the
recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency.
(i) (1) A recipient shall not incur any loss of
electronic benefits after reporting that their electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced.
(2) (A) Except as provided in subparagraph (B), a recipient shall not incur any loss of cash benefits that are taken by an unauthorized contact, withdrawal, removal, or use of benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the
benefits. Benefits taken as described in this subparagraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3).
(B) If a recipient knowingly provides their electronic benefits transfer card number and personal identification number to an unauthorized third party that the recipient mistakenly believes to be the contracted electronic benefits transfer vendor, an approved retailer, or a governmental entity, any benefits taken as described in subparagraph (A) shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3), but not more than one time in a 36-month period.
(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of
benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification.
(4) (A) Notwithstanding paragraphs (2) and (3), the State Department of Social Services may issue mass reimbursements to recipients for the loss of cash benefits if the department finds that the benefits of multiple recipients were taken by an unauthorized withdrawal, removal, or use of benefits in which the recipients’ electronic benefits transfer card numbers or personal identification numbers were obtained by means of a data breach.
(B) A mass reimbursement made pursuant to subparagraph (A) requires the approval of the Department of Finance with notice given to the Joint Legislative Budget Committee.
(5) (A) Notwithstanding any other law or guidance, and except as provided in this paragraph, a recipient shall not incur any loss of nutrition benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits.
(B) The State Department of Social Services shall establish a protocol to use state funds to replace nutrition benefits taken as described in subparagraph (A) in accordance with the following limitations:
(i) A maximum of two months’ worth of benefits shall be replaced at one time.
(ii) A
household shall not receive more than two replacements per federal fiscal year.
(iii) A household shall have 90 days from the date of theft to request replacement of the electronically stolen benefits.
(C) If, at any time, a federally funded replacement is available for any nutrition benefit listed in subparagraph (D), this paragraph shall be inoperative with regard to that specific benefit.
(D) For the purposes of this section, “nutrition benefits” means CalFresh, Disaster CalFresh, and benefits previously replaced due to household misfortune under Chapter 10 (commencing with Section 18900) of, and California Food Assistance Program (CFAP) nutrition benefits under Chapter 10.1 (commencing with Section 18930) of, Part 6.
(E) A county shall replace eligible, electronically stolen benefits as soon as administratively feasible, but no more than 10 business days following the receipt of the replacement request. A county shall prioritize the replacement of electronically stolen nutrition benefits in accordance with Sections 10000 and 18900.
(E)
(6) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may issue an all-county letter implement, interpret, or similar instructions to implement and amend make specific the requirements and protocols described in this paragraph, pending paragraphs (2), (3), and (5) by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations for this purpose, regulations, which shall occur no later than June 30, 2026. 2030.
(F)A county shall replace eligible, electronically stolen benefits as soon as administratively feasible, but no more than 10 business days following the receipt of the replacement request. A county shall prioritize the replacement of electronically stolen nutrition benefits in accordance with Sections 10000 and 18900.
(j) Electronic benefits transfer system consumers shall be informed on how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without
incurring a fee, charge, or surcharge.
(k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language.
(l) Procedures shall be developed for error resolution.
(m) A fee shall not be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system.
(n) Except for CalFresh
transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month.
(o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges.
(p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments.
(q) A county shall use information provided by the
department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following:
(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2.
(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.
(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.
(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer
system.
(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change their preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.
(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.
(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under
subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (p) and instructions regarding how to determine whether the recipient qualifies for the exemption.
(r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.
SEC. 16.
Section 10072.3 of the Welfare and Institutions Code is amended to read:10072.3.
(a) This section shall be known, and may be cited, as the California Fruit and Vegetable EBT Pilot Project.(b) For purposes of this section, the following definitions apply:
(1) “Authorized pilot retailer” means any retail establishment that is authorized to accept CalFresh benefits, including, but not limited to, grocery stores, corner stores, farmers’ markets, farm stands, and mobile markets.
(2) “Fresh fruits and vegetables” means any variety of whole or cut fruits and vegetables without added sugars, fats, oils, or salt and that have not been processed with heat, drying, canning, or freezing.
(3) “Supplemental benefits” means additional funds delivered to a CalFresh recipient’s EBT card upon purchase of fresh fruits and vegetables using CalFresh benefits, and to be redeemed only for purchases allowed under the CalFresh program at an authorized retailer.
(c) The department, in consultation with the Department of Food and Agriculture, county CalFresh administrators, and stakeholders with experience operating CalFresh nutrition incentive programs, shall include within the EBT system a supplemental benefits mechanism that allows an authorized pilot retailer to deliver and redeem supplemental benefits. The supplemental benefits mechanism shall be compatible with operational procedures at farmers’ markets with centralized point-of-sale terminals and at grocery stores with integrated point-of-sale terminals. The supplemental benefits mechanism shall ensure all of the
following:
(1) Supplemental benefits can be transferable across any CalFresh program authorized retailer.
(2) Supplemental benefits can be accrued, tracked, and redeemed by CalFresh recipients in a seamless, integrated process through the EBT system.
(3) Supplemental benefits can only be accrued by CalFresh recipients through the purchase of fresh fruits and vegetables from an authorized pilot retailer.
(4) Supplemental benefits can only be redeemed to make eligible purchases under the CalFresh program from an authorized retailer.
(5) The supplemental benefits mechanism complies with all applicable state and federal laws governing procedures to ensure privacy and confidentiality.
(6) Authorized pilot retailers that use EBT-only point-of-sale terminals, such as farmers’ markets, and those that use integrated point-of-sale terminals, such as grocery stores, shall be able to integrate the new supplemental benefits mechanism into their existing systems, including the free state-issued hardware provided to certified farmers’ markets and farmers.
(7) The supplemental benefits mechanism provides a CalFresh benefits to supplemental benefits match ratio of at least 1:1.
(8) A CalFresh household may only accrue up to a limited amount of supplemental benefits, as determined by the department.
(9) There shall be no expiration date for use of supplemental benefits, but the benefits may be expunged in accordance with federal Supplemental
Nutrition Assistance Program (SNAP) regulations.
(d) There is hereby created in the State Treasury the California Fruit and Vegetable EBT Grant Fund. The fund shall consist of moneys from state, federal, and other public and private sources to provide grants pursuant to subdivision (e).
(e) Upon the deposit of sufficient moneys into the California Fruit and Vegetable EBT Grant Fund, as determined by the department, and upon the appropriation of moneys from the fund by the Legislature for this purpose, the department shall provide grants for pilot projects to implement and test the supplemental benefits mechanism in existing retail settings. The goal of the pilot project is to develop and refine a scalable model for increasing the purchase and consumption of fresh fruits and vegetables by delivering supplemental benefits to CalFresh recipients in a way that can be easily adopted by
authorized retailers of various types, sizes, and locations in the future. The department, in consultation with the Department of Food and Agriculture, shall develop and adopt guidelines for awarding the grants, which shall include, at a minimum, all of the following requirements:
(1) (A) A minimum of three grants shall be awarded to nonprofit organizations or government agencies.
(B) At least one of the grants shall provide the ability to test the supplemental benefit mechanism at farmers’ markets. A farmers’ market that operates a centralized point-of-sale terminal and a scrip system and that also participates as a pilot project pursuant to this section may disburse scrips for supplemental benefits and for fresh fruits and vegetables concurrently.
(2) Selection criteria shall require that
grant applicants demonstrate all of the following:
(A) Previous experience and effectiveness in administering CalFresh nutrition incentive programs, or similar supplemental benefits programs.
(B) Partnership commitment from at least one existing authorized retailer that already accepts CalFresh benefits and sells fresh fruits and vegetables.
(C) Ability to ensure that supplemental benefits are only accrued and delivered when purchasing fresh fruits and vegetables with CalFresh benefits and will be used only to make purchases authorized under the CalFresh program.
(D) Status as a nonprofit organization or government agency.
(E) Ability to provide the minimum data deemed necessary for the
department to successfully evaluate the pilot project, as described in paragraph (1) of subdivision (f).
(F) Any other criteria that the department deems necessary for successful pilot project implementation, such as the level of need in the community, the size of the CalFresh population, and the need for geographic diversity.
(3) Grantees shall be responsible for all of the following:
(A) Securing the commitment of at least one authorized retailer willing to participate in the pilot project.
(B) Conducting community outreach.
(C) Providing evaluation data to the department.
(D) Ensuring the integrity of the pilot project
following guidelines adopted by the department pursuant to this subdivision.
(f) (1) The department shall evaluate the pilot projects that operated pursuant to this section between February 1, 2023, and January 31, 2025, and make recommendations to further refine and expand the supplemental benefits mechanism. These recommendations shall also include a strategy for CalFresh client education, developed in consultation with county CalFresh administrators and advocates. The evaluation shall examine the efficacy of supplemental benefits accrual, delivery, and redemption from the perspective of CalFresh recipients, participating retailers, and state administrators. The evaluation shall also provide recommendations for further modifications that would make the mechanism easier for CalFresh recipients to use, for a variety of authorized retailer types to adopt, and for the department to administer. The department may contract
with an independent evaluator to conduct this evaluation.
(2) (A) The department shall provide information on the timing and steps that would be necessary to transition the pilot project to a supplemental benefits program that is fully state managed, without grantee intermediaries.
(B) The information to be submitted under this paragraph shall include both of the following:
(i) The results of the evaluation required pursuant to paragraph (1).
(ii) Scoping the staff or other resources and timelines for all of the following:
(I) Engaging with and enrolling interested retailers directly on an ongoing basis, if the state makes additional funding available for further
expansion.
(II) The staffing and technical resources needed by the Office of Technology and Solutions Integration to certify new retailers’ EBT systems when they are onboarded into the program.
(III) Resources needed to align the EBT system and the California Statewide Automated Welfare System (CalSAWS) to fully automate financial reconciliation of fruit and vegetable supplemental benefits as the program expands.
(IV) Expansion to include online CalFresh transactions and grocery delivery services.
(3) (A) By July 1, 2025, the department shall submit a report to the Legislature on the topics described by paragraphs (1) and (2).
(B) The report submitted pursuant to
subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(g) Notwithstanding any other law, all of the following apply for the purposes of this section:
(1) Contracts or grants awarded pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2) Contracts or grants awarded pursuant to this section are exempt from the Public Contract Code and the State Contracting Manual, and are not subject to the approval of the Department of General Services or the Department of Technology.
(3) The state is immune from any liability resulting from the implementation of this
section.
(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section without taking any regulatory action.
(h) Notwithstanding Sections 18927 and 11004, the supplemental benefits described in this section are not subject to recovery for an overissuance caused by intentional program violation, fraud, inadvertent household error, or administrative error, and are not subject to review under Section 10950.
(i) The supplemental benefits described in this section are not entitlement benefits, and the department shall provide those benefits pursuant to this section only to the extent that funding is appropriated in the annual
Budget Act for purposes of this section.
(j) The department shall seek any necessary federal approvals to establish this pilot project.
(k) This section shall remain in effect only until January 1, 2027, and become inoperative on June 30, 2028, and, as of that date January 1, 2029, is repealed.
SEC. 17.
Section 10553.16 is added to the Welfare and Institutions Code, to read:10553.16.
(a) The Legislature finds and declares all of the following:(1) American Indian and Alaska Native children continue to be overrepresented in the California foster care system.
(2) The historic policies of the state and federal governments have specifically targeted American Indian and Alaska Native children for removal from their families and tribal communities, the legacy of which continues to ripple through generations of American Indian and Alaska Native families in California.
(3) The historic policies of the state and federal governments specifically have not honored treaty obligations to tribal nations in California that
would have provided for the health and welfare of tribal children and families.
(4) Tribal nations within California are experts in determining the best interest of their members and citizens and preserving tribal families, but lack funding to support culturally responsive family preservation services.
(b) It is the intent of the Legislature in enacting this act to support federally recognized tribes in California in developing and implementing prevention services and to ensure equitable funding for California’s tribal families.
(c) Subject to an appropriation by the Legislature, the Tribal Foster Care Prevention Initiative is hereby established to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs, including
staffing and administrative, associated with services aimed at preserving families and preventing the entry of children into foster care.
(d) Services under this section shall be focused on prevention services determined by the federally recognized tribe and may include any of the following:
(1) Concrete supports to a family to address immediate needs, such as childcare, transportation, housing, utilities, and food.
(2) Behavioral health and wellness services.
(3) Cultural or traditional activities.
(4) Parenting support, education, and training services.
(e) To be eligible for an allocation of funds under this section, an
eligible federally recognized tribe as described in subdivision (c) shall enter into an agreement provided by the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code.
(f) A federally recognized tribe that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services by May 1 of each year. The letter shall include all of the following:
(1) The name of the tribe and the identified contact person.
(2) The approximate number of Indian children, as defined by Section 224.1, in the tribe.
(3) The approximate number of children identified in paragraph (2) that were in foster care in the previous fiscal year.
(g) Subject to an appropriation in the annual Budget Act for the express purpose described in this section, the State Department of Social Services shall provide each eligible federally recognized tribe, as described in subdivision (c), that enters into an agreement pursuant to subdivision (e) and submits a letter of interest pursuant to subdivision (f), an annual allocation. The annual allocation for each eligible federally recognized tribe shall be based on an equal division of the allocated funds amongst the eligible federally recognized tribes opting in for that year.
(h) A federally recognized tribe that receives funds pursuant to this section shall submit a progress report to the department. The progress report shall be submitted on or before September 30 following the close of the fiscal year in which funding was received. The report shall include all of the following:
(1) The total number of children that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year.
(2) The total number of families that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year.
(3) The number of Indian children, as defined by Section 224.1, that received prevention services pursuant to the Tribal Foster Care Prevention Initiative and entered foster care within 12 months.
(4) A description of the type or types of prevention services provided pursuant to the Tribal Foster Care Prevention Initiative to Indian children, as defined by Section 224.1, and their families.
(5) A description of how the funding has impacted the tribe’s capacity to increase services to Indian children, as defined by Section 224.1, and their families.
(6) A description of the outcomes achieved.
(i) The department shall provide an update in writing to legislative staff, federally recognized tribes, and stakeholders on the progress of implementation of this section by February 1, 2028.
(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section without taking any regulatory action.
(k) The
department shall only perform the duties under this section to the extent funding has been provided expressly for this purpose.
SEC. 18.
Section 11450.025 of the Welfare and Institutions Code is amended to read:11450.025.
(a) (1) Notwithstanding any other law, effective on March 1, 2014, the maximum aid payments in effect on July 1, 2012, as specified in subdivision (b) of Section 11450.02, shall be increased by 5 percent.(2) Effective April 1, 2015, the maximum aid payments in effect on July 1, 2014, as specified in paragraph (1), shall be increased by 5 percent.
(3) Effective October 1, 2016, the maximum aid payments in effect on July 1, 2016, as specified in paragraph (2), shall be increased by 1.43 percent.
(4) (A) Effective January 1, 2017, households eligible for aid under this chapter shall
receive an increased aid payment consistent with the repeal of former Section 11450.04, as it read on January 1, 2016, known as the “maximum family grant rule.”
(B) In recognition of the increased cost of aid payments resulting from that repeal, moneys deposited into the Child Poverty and Family Supplemental Support Subaccount shall be allocated to counties pursuant to Section 17601.50 as follows:
(i) One hundred seven million forty-seven thousand dollars ($107,047,000) for January 1, 2017, to June 30, 2017, inclusive.
(ii) Two hundred twenty-three million four hundred fifty-four thousand dollars ($223,454,000) for the 2017–18 fiscal year and for every fiscal year thereafter.
(5) Effective October 1, 2021, the maximum aid payments in effect on July 1,
2021, as specified in paragraph (3), shall be increased by 5.3 percent.
(6) Effective October 1, 2022, the maximum aid payments in effect on July 1, 2022, as specified in paragraph (5), shall be increased by 11 percent.
(7) Effective October 1, 2023, the maximum aid payments in effect on July 1, 2023, as specified in paragraph (6), shall be increased by 3.6 percent.
(8) Effective October 1, 2024, the maximum aid payments in effect on July 1, 2024, as specified in paragraph (7), shall be increased by 0.3 percent.
(9) Effective October 1, 2026, the maximum aid payments in effect on July 1, 2026, as specified in paragraph (8), shall be increased by 1.8 percent.
(b) Commencing in 2014 and annually thereafter, on or before January 10 and on or before May 14, the Director of Finance shall do all of the following:
(1) Estimate the amount of growth revenues pursuant to subdivision (f) of Section 17606.10 that will be deposited in the Child Poverty and Family Supplemental Support Subaccount of the Local Revenue Fund for the current fiscal year and the following fiscal year and the amounts in the subaccount carried over from prior fiscal years.
(2) For the current fiscal year and the following fiscal year, determine the total cost of providing the increases described in subdivision (a), as well as any other increase in the maximum aid payments subsequently provided only under this section, after adjusting for updated projections of CalWORKs costs associated with caseload changes, as
reflected in the local assistance subvention estimates prepared by the State Department of Social Services and released with the annual Governor’s Budget and subsequent May Revision update.
(3) If the amount estimated in paragraph (1) plus the amount projected to be deposited for the current fiscal year into the Child Poverty and Family Supplemental Support Subaccount pursuant to subparagraph (3) of subdivision (e) of Section 17600.15 is greater than the amount determined in paragraph (2), the difference shall be used to calculate the percentage increase to the CalWORKs maximum aid payment standards that could be fully funded on an ongoing basis beginning the following fiscal year.
(4) If the amount estimated in paragraph (1) plus the amount projected to be deposited for the current fiscal year into the Child Poverty and Family Supplemental Support Subaccount pursuant to
subparagraph (3) of subdivision (e) of Section 17600.15 is equal to or less than the amount determined in paragraph (2), no additional increase to the CalWORKs maximum aid payment standards shall be provided in the following fiscal year in accordance with this section.
(5) (A) Commencing with the 2014–15 fiscal year and for all fiscal years thereafter, if changes to the estimated amounts determined in paragraphs (1) or (2), or both, as of the May Revision, are enacted as part of the final budget, the Director of Finance shall repeat, using the same methodology used in the May Revision, the calculations described in paragraphs (3) and (4) using the revenue projections and grant costs assumed in the enacted budget.
(B) If a calculation is required pursuant to subparagraph (A), the Department of Finance shall report the result of this calculation to the
appropriate policy and fiscal committees of the Legislature upon enactment of the Budget Act.
(c) An increase in maximum aid payments calculated pursuant to paragraph (3) of subdivision (b), or pursuant to paragraph (5) of subdivision (b) if applicable, shall become effective on October 1 of the following fiscal year.
(d) (1) An increase in maximum aid payments provided in accordance with this section shall be funded with growth revenues from the Child Poverty and Family Supplemental Support Subaccount in accordance with paragraph (3) of subdivision (e) of Section 17600.15 and subdivision (f) of Section 17606.10, to the extent funds are available in that subaccount.
(2) If funds received by the Child Poverty and Family Supplemental Support Subaccount in a particular fiscal year are insufficient
to fully fund any increases to maximum aid payments made pursuant to this section, the remaining cost for that fiscal year will be addressed through existing provisional authority included in the annual Budget Act. Additional increases to the maximum aid payments shall not be provided until and unless the ongoing cumulative costs of all prior increases provided pursuant to this section are fully funded by the Child Poverty and Family Supplemental Support Subaccount.
(e) Notwithstanding Section 15200, counties shall not be required to contribute a share of the costs to cover the increases to maximum aid payments made pursuant to this section.
SEC. 19.
Section 12301.61 of the Welfare and Institutions Code is amended to read:12301.61.
(a) On or after October 1, 2023, if a public authority or nonprofit consortium established pursuant to Section 12301.6, acting as the employer of record, and the employee organization have not reached an agreement on a bargaining contract with in-home supportive services workers, either party may request mediation, pursuant to Section 3505.2 of the Government Code, which shall be mandatory. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c). The mediation shall be held no more than 15 business days from the date requested by either party.(b) If the parties are unable to effect settlement through mediation, as described in subdivision (a), the parties shall submit
their differences to factfinding, pursuant to Sections 3505 and 3505.4 of the Government Code. Alternatively, either party may opt to bypass the mediation process in subdivision (a) and move directly to factfinding.
(1) The factfinding panel shall make findings of fact and recommend terms of settlement, which shall be advisory only, within 30 days after the panel is appointed by the Public Employment Relations Board.
(2) Within 15 days after the factfinding panel has released its findings of fact and recommended settlement terms, the parties may, by mutual agreement, request postfactfinding mediation consistent with Section 3505.2 of the Government Code. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c).
(3) If the parties
elect postfactfinding mediation, the findings of fact and recommended settlement terms shall not be made public until the mediation has concluded. If either party declines to elect postfactfinding mediation, the findings of fact and recommended settlement terms shall be made public immediately.
(4) Mediation shall be held no more than 15 days from the date requested, and may include, at the mediator’s discretion, the factfinding panel and representatives of both parties. The director, or the director’s designee, shall be available to provide information and expertise, as necessary.
(5) The county board of supervisors shall hold a public hearing within 30 days of the factfinding panel’s public release of its findings of fact and recommended settlement terms.
(c) The Public Employment Relations Board shall designate a
pool of no more than five qualified individuals to serve as mediators or on a factfinding panel. The pool shall consist of individuals with relevant subject matter expertise. The board shall select individuals for the pool in consultation with the department and the affected employers and employee organizations. Priority shall be given to individuals with knowledge of the In-Home Supportive Services program. The board may designate the mediator to serve as the neutral member of the factfinding panel.
(d) The costs for the services of the factfinding panel and the mediator shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses.
(e) If no individual is available to serve as a mediator or factfinder within the timelines specified in this section, the timelines shall be extended until the next
mediator or factfinder is available.
(f) A county shall be subject to a withholding of 1991 Realignment funds as described in subdivision (h) pursuant to a schedule developed by the Department of Finance and provided to the Controller if all of the following conditions are met:
(1) The parties have completed the process described in subdivisions (a) to (c), inclusive.
(2) The factfinding panel has issued findings of fact and recommended settlement terms that are more favorable to the employee organization than those proposed by the employer of record described in subdivision (a).
(3) The parties do not reach a collective bargaining agreement within 30 days after the release of the factfinding panel’s recommended settlement terms described in paragraph
(2). The parties shall make every good faith effort to reach an alternative mutually accepted agreement within this timeframe.
(4) The collective bargaining agreement for IHSS providers in the county has expired.
(g) The Public Employment Relations Board shall provide written notification to the county and the employee organization within 15 days of determining that the county is subject to a withholding pursuant to subdivision (f). The board shall also notify the Department of Finance and the State Controller of the withholding assessment.
(h) The amount of the 1991 Realignment funding withholding pursuant to subdivision (f) shall be equivalent to 10 percent of the county’s prior fiscal year IHSS Maintenance of Effort requirement, as reported by the department, prior to applying any offsets pursuant to Section
12306.17. This withholding shall continue once per fiscal year, each fiscal year, until the county enters into a collective bargaining agreement with the employee organization.
(i) Beginning July 1, 2026, any county that has not reached an agreement after the release of the factfinding panel’s recommended settlement terms released prior to June 30, 2026, shall have 90 days to reach an agreement with the employee organization. If no agreement is reached within 90 days, the withholding described in subdivision (f) shall occur on October 1, 2026.
SEC. 20.
Section 12306.19 of the Welfare and Institutions Code is amended to read:12306.19.
(a) The department shall review the budgeting methodology used to determine the annual funding for county administration of the IHSS program and examine the ongoing workload and administrative costs to counties as part of the review(b) The department shall provide information to the appropriate legislative budget committees regarding this review and how it may impact county administrative costs, as part of the budget proposed by either January 10 or May 14 of any year prior to the fiscal year for which this subdivision applies.
(c) In implementing this section, the department shall consult legislative staff, representatives of county human services agencies, the County Welfare Directors Association of California, advocate representatives, and labor organizations that represent county workers.
SEC. 21.
Section 13300 of the Welfare and Institutions Code is amended to read:13300.
(a) Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal(b) Legal services provided in accordance with subdivision (a) shall be for For purposes of this section and Section 13301, the sole purpose term “immigrant youth” means an immigrant younger than 21 years of providing legal representation to age in removal proceedings or an unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor. minor.
(c) For purposes of this chapter, the following definitions apply:
(c)
(1) For purposes of this chapter, the term “unaccompanied “Unaccompanied undocumented minors” means unaccompanied children as described in Section 279(g)(2) of Title 6 of the United States Code.
(d)
(2) For purposes of this chapter, the term “legal “Legal services” includes means culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.
(3) “Social services” means culturally and linguistically appropriate services, including, but not limited to, intake screenings and assessments, coordination of care, and navigation services, provided by social workers, caseworkers, interpreters, and other support staff.
SEC. 22.
Section 13301 of the Welfare and Institutions Code is amended to read:13301.
Contracts awarded pursuant to Section 13300 shall fulfill all of the following:(a) Be executed only with nonprofit legal services organizations that meet all of the following requirements:
(1) Have at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and have represented at least 25 individuals in these matters.
(2) Have experience in representing individuals in removal proceedings and asylum applications.
(3) Have conducted trainings on these issues for practitioners beyond their staff.
(4) Have experience guiding and supervising the work of attorneys whom who themselves do not regularly participate in this area of the law but nevertheless work pro bono on the types of cases described in paragraph (1).
(5) Are accredited by through the Board of Immigration Appeals Recognition and Accreditation Program under the United States Department of Justice’s Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(b) (1) Provide for legal and social services to unaccompanied undocumented minors immigrant youth through a funding method, as determined by the department, that shall may include all administrative and supervisory costs costs, client services, and court fees.
(2) Prioritize the provision of social services to eligible immigrant youth, either directly or through partnerships, which may be satisfied through direct service delivery or formal agreements.
(c) Require reporting, monitoring, or audits of services provided, as determined by the department.
(d) Require contractors to coordinate efforts with the federal Office of Refugee Resettlement Legal Access Project in order to respond to and assist or represent unaccompanied undocumented minors who could benefit
from the services provided under this chapter.
(e) Require contractors to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
SEC. 23.
Section 13302 of the Welfare and Institutions Code is amended to read:13302.
Notwithstanding any other law:(a) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(b) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(c) The client information and records of legal and social
services provided pursuant to this chapter shall be subject to the requirements of Section 10850 and shall be exempt from inspection under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d) The state shall be immune from any liability resulting from the implementation of this chapter.
(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this chapter without taking any regulatory action.
SEC. 24.
Section 13304 of the Welfare and Institutions Code is amended to read:13304.
(a) Any grant awarded pursuant to Section 13303 shall fulfill all of the following:(1) Be executed only with a nonprofit organization that meets the requirements set forth either in Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code or in Section 23701d of the Revenue and Taxation Code and that meets all of the following requirements:
(A) Except as provided in clause (i) of subparagraph (D), have at least three years of experience handling the type of immigration issues for which the organization is requesting a grant.
(B) Have conducted trainings on immigration issues for persons beyond its staff.
(C) Is recognized and accredited by the Office of Legal Access Programs Recognition and Accreditation Program under the United States Department of Justice’s Executive Office for Immigration Review or meets the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(D) (i) For a legal services organization that provides legal training and technical assistance as defined in subdivision (c) of Section 13303, have at least 10 years of experience conducting immigration legal services and technical assistance and meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(ii) Notwithstanding clause (i), a legal services organization, as
described in clause (i), may, at the discretion of the department, instead meet the requirements listed in subparagraphs (A) and (B).
(2) Require reporting, monitoring, or audits of services provided, as determined by the department.
(3) Require grant recipients to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this chapter.
(b) For grants awarded prior to the effective date of the act that added this subdivision, with the consent of the department and the grantee, the grantee may provide any of the services described in Section 13303, as amended by that act, and any agreement between the department and grantee shall be deemed to authorize the provision of those
services.
SEC. 25.
Section 13305 of the Welfare and Institutions Code is amended to read:13305.
(a) Subject to the availability of funding in the act that added this section or the annual Budget Act, the department shall provide grants to organizations qualified under Section 13306 to provide free education and outreach information, services, and materials about services provided pursuant to subdivision (b) of Section 13303.(b) For purposes of this section, “education and outreach” activities means the dissemination of information or activities that promote the benefits of citizenship or immigration remedies, and explain eligibility to prospective United States citizens or prospective individuals eligible for deferred action, or explain to individuals their immigration-related rights.
(1) Education and outreach activities shall include referrals to educational or legal services that support the applicants’ eligibility for citizenship, deferred action, or other immigration remedies, and the importance of participating in civic engagement as a naturalized citizen.
(2) Education and outreach activities do not include representation as legal counsel that would assist in the application process for a prospective citizen or prospective individual eligible for deferred action or other immigration remedies.
(c) No more than 40 percent of grant funds awarded to an organization qualified under Section 13306 shall be advanced to that organization.
(d) The department shall update the Legislature on the following information in the course of budget hearings:
(1) The timeline for implementation of this section.
(2) The participating organizations awarded contracts or grants.
(3) The number of applications submitted.
(4) The number of clients served.
(5) The types of services provided and in what language or languages.
(6) The regions served.
(7)The ethnic communities served.
(8)
(7) The identification of further barriers and challenges to education, outreach, immigration assistance, and legal services related to naturalization and deferred action.
(e)This section shall become operative on January 1, 2016.
SEC. 26.
Section 15204.35 of the Welfare and Institutions Code is amended to read:15204.35.
(a) The State Department of Social Services shall work with representatives of county human services agencies and the County Welfare Directors Association of California to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget. As part of the process of developing these recommendations, the department shall consult with legislative staff, advocate representatives, and labor organizations that represent county workers.(b) (1) Recommendations for initial changes to the methodology for development of the CalWORKs single allocation for the 2018–19 fiscal year shall be made to the Legislature by January 10, 2018.
(2) Recommendations for additional changes to the methodology for the 2019–20 and subsequent fiscal years shall be made to the Legislature by October 1, 2018.
(c) The State Department of Social Services shall work with representatives of county human services agencies and the County Welfare Directors Association of California for purposes of continuing to develop the casework metrics used for the budgeting of funding for employment services in the CalWORKs single allocation and to develop the budgeting methodology for welfare-to-work direct services during the 2019–20 fiscal year. As part of the process of developing this budgeting methodology, the department shall consult with legislative staff, advocate representatives, and labor organizations that represent county workers.
(d) The number of hours per case per month of case work time budgeted for intensive cases as
defined pursuant to the budget methodology changes for the employment services component of the CalWORKs single allocation developed pursuant to this section shall be incrementally increased for each of the 2021–22 and 2022–23 fiscal years. Effective July 1, 2024, the number of hours per case per month of case work time budgeted for intensive cases shall be maintained at a minimum of 8.75 hours. Subject to an appropriation by the Legislature, the number of hours per case per month of case time budgeted for intensive cases shall be increased to no more than 10 hours.
(e) The State Department of Social Services, in consultation with representatives of county human services agencies and the County Welfare Directors Association of California, shall reconsider the costs of county operations for county administrative costs in the CalWORKs single allocation for the 2024–25 fiscal year year, the 2028–29 fiscal year, and for every third fiscal year thereafter. The State Department of Social Services shall provide information to the legislative budget committees regarding this reconsideration and how it may impact county administrative costs as part of the budget proposed by either January 10 or May 14 of any year prior to the fiscal year for which this provision applies.
(f) In implementing this section, the department shall consult with legislative staff, representatives of county human services agencies and the County Welfare Directors Association of California, advocate representatives, and labor organizations that represent county workers.
SEC. 27.
Section 16121 of the Welfare and Institutions Code is amended to read:16121.
(a) (1) For initial adoption assistance agreements executed on or prior to December 31, 2007, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that shall not exceed the basic foster care maintenance payment rate structure in effect on December 31, 2007, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.(2) For initial adoption assistance agreements executed from January 1, 2008, to December 31, 2009, inclusive, the adoptive family shall be paid an amount of aid based on the child’s
needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that shall not exceed the basic foster care maintenance payment rate structure in effect on December 31, 2009, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.
(3) Notwithstanding any other provision of this section, for initial adoption assistance agreements executed on January 1, 2010, to June 30, 2011, inclusive, or the effective date specified in a final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al., (U.S. Dist. Ct. No. C 07-08056 WHA), whichever is earlier, where the adoption is finalized on or before June 30, 2011, or the date specified in that order, whichever is earlier,
the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstance of the adopting parents, but that amount shall not exceed the basic foster care maintenance payment rate structure in effect on June 30, 2011, or the date immediately before the date specified in the order described in this paragraph, whichever is earlier, and any applicable specialized care increment, that the child would have received while placed in a licensed or approved family home. Adoption assistance benefit payments shall not be increased based solely on age. This paragraph shall not preclude any reassessments of the child’s needs, consistent with other provisions of this chapter.
(4) Notwithstanding any other provision of this section, for initial adoption assistance agreements executed on or after July 1, 2011, or the effective date specified in a final order, for which the time to appeal has passed,
issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, where the adoption is finalized on or after July 1, 2011, or the effective date of that order, whichever is earlier, and before December 31, 2016, and for initial adoption assistance agreements executed before July 1, 2011, or the date specified in that order, whichever is earlier, where the adoption is finalized on or after the earlier of July 1, 2011, or that specified date, and before December 31, 2016, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that amount shall not exceed the basic foster family home rate structure effective and available as of December 31, 2016, plus any applicable specialized care increment. These adoption assistance benefit payments shall not be increased based solely on age.
This paragraph shall not preclude any reassessments of the child’s needs, consistent with other provisions of this chapter.
(5) Notwithstanding any other provision of this section, for initial adoption assistance agreements executed on or after January 1, 2017, and before July 1, 2027, or the effective date specified in paragraph (9) of subdivision (h) of Section 11461, as applicable, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that amount shall not exceed the home-based family care rate structure developed pursuant to subdivision (g) of Section 11461 and Section 11463, inclusive of any level of care determination, plus any applicable specialized care increment. This paragraph shall not preclude any reassessments of the child’s needs consistent with other provisions of this chapter.
(6) (A) For initial adoption assistance agreements executed on and after the date specified in paragraph (9) of subdivision (h) of Section 11461, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that amount shall not exceed Tier 1 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, plus any applicable specialized care increment. This paragraph shall not preclude any reassessments of the child’s needs consistent with other provisions of this chapter.
(B) Notwithstanding subparagraph (A), the department shall issue written guidance regarding the specific conditions under which an adoptive family may be paid an amount of aid based on the child’s needs that exceeds Tier 1, but shall
not exceed Tier 2, of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, plus any applicable specialized care increment.
(b) Payment For purposes of this paragraph, prior to January 1, 2028, payment may be made on behalf of an otherwise eligible child in a state-approved group home, short-term residential therapeutic program, or residential care treatment facility if the department or county responsible for determining payment has confirmed that the placement is necessary for the temporary resolution of mental
health, behavioral health, or emotional problems related to a condition that existed before health needs of the adoptive placement. child. Out-of-home in-state placements shall be in accordance with the applicable provisions of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and other applicable statutes and regulations governing eligibility for AFDC-FC payments for placements in in-state facilities. If the placement is out-of-state, payments may be made only if the provisions of Section 16121.5 are met. The Adoption Assistance Program (AAP) rate paid on behalf of the child shall not exceed the rate paid for a short-term residential therapeutic program. The designation of the placement facility shall be made after consultation with the adoptive family by the department or county welfare agency responsible for determining the Adoption Assistance Program eligibility and authorizing financial aid. Group home, short-term
residential therapeutic program, or residential placement shall only be made as part of a plan for return of the child to the adoptive family, that shall actively participate in the plan. Adoption Assistance Program benefits may be authorized for payment for an eligible child’s group home, short-term residential therapeutic program, or residential treatment facility placement if the placement is justified by a specific episode or condition and does not exceed an 18-month cumulative period of time. After an initial authorized group home, short-term residential therapeutic program, or residential treatment facility placement, subsequent authorizations for payment for a group home, short-term residential therapeutic program, or residential treatment facility placement may be based on an eligible child’s subsequent specific episodes or conditions.
(c) (1) Payments on behalf of a child who is a recipient of AAP benefits who is
also a consumer of regional center services shall be based on the rates established by the State Department of Social Services pursuant to Section 11464 and subject to the process described in paragraph (1) of subdivision (d) of Section 16119.
(2) (A) Except as provided for in subparagraph (B), this subdivision shall apply to adoption assistance agreements signed on or after July 1, 2007.
(B) Rates paid on behalf of regional center consumers who are recipients of AAP benefits and for whom an adoption assistance agreement was executed before July 1, 2007, shall remain in effect, and may only be changed in accordance with Section 16119.
(i) If the rates paid pursuant to adoption assistance agreements executed before July 1, 2007, are lower than the rates specified in paragraph (1) of subdivision
(c) or paragraph (1) of subdivision (d) of Section 11464, respectively, those rates shall be increased, as appropriate and in accordance with Section 16119, to the amount set forth in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d) of Section 11464, effective July 1, 2007. Once set, the rates shall remain in effect and may only be changed in accordance with Section 16119.
(ii) For purposes of this clause, for a child who is a recipient of AAP benefits or for whom the execution of an AAP agreement is pending, and who has been deemed eligible for or has sought an eligibility determination for regional center services pursuant to subdivision (a) of Section 4512, and for whom a determination of eligibility for those regional center services has been made, and for whom, before July 1, 2007, a maximum rate determination has been requested and is pending, the rate shall be determined through an individualized assessment and
pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 35333 of Title 22 of the California Code of Regulations as in effect on January 1, 2007, or the rate established in subdivision (b) of Section 11464, whichever is greater. Once the rate has been set, it shall remain in effect and may only be changed in accordance with Section 16119. Other than the circumstances described in this clause, regional centers shall not make maximum rate benefit determinations for the AAP.
(3) Regional centers shall separately purchase or secure the services contained in the child’s IFSP or IPP, pursuant to Section 4684.
(4) Regulations adopted by the department pursuant to this subdivision shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. The regulations authorized by this paragraph shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(d) (1) In the event that a family signs an adoption assistance agreement where a cash benefit is not awarded, the adopting family shall be otherwise eligible to receive Medi-Cal benefits for the child if it is determined that the benefits are needed pursuant to this chapter.
(2) Regional centers shall separately purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP)
pursuant to Section 4684.
(e) The adoption assistance payment rate structure identified in subdivision (a) shall be adjusted by the percentage changes in the California Necessities Index, beginning with the 2011–12 fiscal year, and shall not require a reassessment.
SEC. 28.
Section 16121.3 is added to the Welfare and Institutions Code, to read:16121.3.
(a) (1) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for wraparound services in lieu of an out-of-home placement if the responsible public agency has confirmed that the wraparound services are necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child.(2) AAP benefits may be authorized to pay for an eligible child’s wraparound services if the services are justified by a specific condition and authorization does not exceed a 12-month cumulative period of time. After a 12-month cumulative period of payment for wraparound services, additional authorizations for payment for wraparound services for an eligible
child may be based on the continued need to resolve a condition described in paragraph (1). Consecutive authorizations shall be assessed after each 12-month cumulative period of time. The AAP payment may only be made if the wraparound services and the provider meet the California wraparound standards and provider certification requirements, or similar requirements specific to wraparound service providers in the child’s state of residence if the child and family reside in another state.
(b) The AAP rate paid on behalf of a child receiving wraparound services in lieu of an out-of-home placement shall be consistent with either of the following:
(1) The rate shall not exceed the rate paid for a foster care placement in a short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code.
(2) On the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the statewide child welfare information system (known as the California Automated Response and Engagement System or CWS-CARES) can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation as described in subdivision (h) of Section 11461, the AAP rate paid on behalf of a child receiving wraparound services in lieu of an out-of-home placement shall not exceed the sum of all of the following:
(A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.
(B) The Tier 3+ administrative and other activities rate established under paragraph (2) of subdivision (e) of Section 11462.
(C) The
Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562.
(c) For purposes of this section, the following terms have the following meanings:
(1) “California wraparound standards” means the use of a California high-fidelity wraparound model, approved by the department and consistent with the requirements of Chapter 4 (commencing with Section 18250) of Part 6.
(2) “Responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.
(3) “Wraparound services” has the same meaning as in Section 18251.
(d) The designation of a
wraparound services provider shall be made by the family, after consultation with the responsible public agency. When adoptive parents decide to utilize wraparound services for an AAP-eligible child, they are private pay consumers. Wraparound service contracts shall be between the adoptive parents and the wraparound services provider. Alternatively, the family may authorize the county to contract for wraparound services on their behalf.
(e) Prior to the authorization of AAP benefits for wraparound services, the wraparound services provider shall provide verification to the adoptive parents documenting that the wraparound services meet the California wraparound standards and provider certification requirements, or similar requirements specific to wraparound service providers in the child’s state of residence if the child and family reside in another state. The adoptive parents shall provide the verification to the responsible public agency, or
the county may verify the provider meets the standards of paragraph (1) of subdivision (c) if the information is posted on the department’s internet website.
(f) If the child and family reside in another state, a wraparound services provider in the child’s state of residence may be utilized, and paid for with AAP benefits, if the requirements of this section are met, in whole or in part, subject to departmental approval.
(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall
have the same force and effect as regulations.
(h) This section shall become operative on January 1, 2028.
SEC. 29.
Section 16121.4 is added to the Welfare and Institutions Code, to read:16121.4.
(a) (1) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child in a facility licensed as a short-term residential therapeutic program if the responsible public agency has confirmed that the short-term residential therapeutic program is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child.(2) (A) AAP benefits may be authorized to pay for an eligible child’s short-term residential therapeutic program if the placement is justified by a specific condition and authorization does not exceed a 12-month cumulative period of time, unless an exception is granted pursuant to paragraph (3).
(B) Transition planning shall begin when the child enters the short-term residential therapeutic program. If additional time is needed to transition the child home according to the transition plan, payment at the rate described in subdivision (b) may continue up to an additional 60 calendar days if the child remains in the placement. If the services the child needs to transition out of the short-term residential therapeutic program cannot be put in place within the additional 60 calendar days, payment may continue for an additional 30 days if the reason for the extension is documented in the child’s transition plan and authorized by the responsible public agency based upon a specific finding that the additional time is necessary because of the delay in services.
(3) An additional one-time six-month cumulative period of time may be provided when a psychiatrist or physician provides
current documentation to demonstrate that the current short-term residential therapeutic program services are benefiting the child and that the child requires additional short-term residential therapeutic program services. If the child is not placed in a short-term residential therapeutic program, the psychiatrist or physician shall provide current documentation to demonstrate that the child would benefit from returning to the short-term residential therapeutic program.
(b) The AAP rate paid on behalf of a child in a facility licensed as a short-term residential therapeutic program shall be consistent with either of the following:
(1) The rate shall not exceed the rate paid for a foster care placement in a short-term residential therapeutic program.
(2) On the date that the department notifies the Legislature that
the California Statewide Automated Welfare System and the statewide child welfare information system (known as the California Automated Response and Engagement System or CWS-CARES) can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation as described in subdivision (h) of Section 11461, the AAP rate paid on behalf of a child in a short-term residential therapeutic program shall not exceed the sum of all of the following:
(A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.
(B) The Tier 3+ administrative and other activities rate established under paragraph (2) of subdivision (e) of Section 11462.
(C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of
subdivision (d) of Section 16562.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.
(2) “Short-term residential therapeutic program” has the same meaning as in Section 1502 of the Health and Safety Code.
(d) The designation of the placement facility shall be made, after consultation with the responsible public agency, by the adoptive parents. A short-term residential therapeutic program placement shall only be made as part of a plan for the return of the child to the adoptive family and the adoptive parents shall actively participate in the
reunification plan.
(e) AAP benefits, as described in this section, shall only be authorized for an eligible child in a facility licensed as a short-term residential therapeutic program in California and shall not be authorized for any other out-of-home placement option within California.
(f) Following discharge from a short-term residential therapeutic program, the child shall be eligible for payment to be made for wraparound services, as described in Section 16121.3.
(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from
submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations.
(h) This section shall become operative on January 1, 2028.
SEC. 30.
Section 16121.41 is added to the Welfare and Institutions Code, to read:16121.41.
The department shall develop curriculum for optional use by counties to inform and educate adoptive families, prior to adoption finalization. The department shall consult with county placing agencies and community partners in the development of this curriculum. The curriculum shall include, at a minimum, education on maintaining Adoption Assistance Program benefits, adolescent development and trauma, the importance of maintaining Medi-Cal, the benefits of using adoption-competent clinicians, and how to secure trauma-informed services. This curriculum shall be developed and distributed to counties no later than January 1, 2028.SEC. 31.
Section 16121.5 of the Welfare and Institutions Code, as amended by Section 6 of Chapter 107 of the Statutes of 2025, is amended to read:16121.5.
(a) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for placement in out-of-state residential treatment facility if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency has confirmed that placement in the an out-of-state residential treatment facility is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child and related to a condition that existed before the adoptive placement.(b) AAP benefits may be authorized for payment for an eligible child’s placement in an out-of-state residential treatment facility if the responsible public agency has determined that
both of the following conditions exist:
(1) One or more of the adoptive parents reside in the state in which the residential treatment facility is located.
(2) The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility.
(c) The designation of the placement facility shall be made, after consultation with the adoptive family, by the responsible public agency. Placement in an out-of-state residential treatment facility shall only be made as part of a plan for return of the child to the adoptive family and the adoptive parents shall actively
participate in the reunification plan.
(d) The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following:
(1) The rate paid for a foster care placement in a short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(2) The rate determined by the ratesetting authority in the state in which the out-of-state residential treatment facility is located.
(e) (1) For the purpose of this section, “out-of-state residential treatment facility” means a facility that is located in a state outside of California, is licensed and in good standing or otherwise approved and in good
standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a child’s mental health, behavioral health, emotional health, and attachment needs, and shall have a mental health clinic program.
(2) For purposes of this section, “out-of-state residential treatment facility” shall not include wilderness programs, boot camps, detention facilities, any facility operated primarily for the detention of youth who are
involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools.
(3) For purposes of this section, “responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.
(f) (1) Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following:
(A) Licensed or otherwise approved by the applicable state or tribal authority.
(B) In good standing.
(C) Eligible as a Title IV-E funded placement.
(D) A qualified residential treatment program, as defined in the federal Social Security Act (42 U.S.C. Sec. 672(k)(4)).
(2) The documentation required by paragraph (1) shall originate from the government agency or tribal authority that licenses or otherwise approves the out-of-state residential treatment facility, or the appropriate state or tribal Title IV-E agency.
(g) Commencing September 1, 2025, and annually thereafter, county adoption agencies shall provide all of the following information to the department:
(1) The total number of children in out-of-state residential treatment facilities.
(2) The name and location of each out-of-state residential treatment facility during the reporting period.
(3) The number of days each child placed in an out-of-state residential treatment facility remained in that facility.
(h) Nothing in this section shall be interpreted to invalidate or alter the terms or conditions of adoption assistance agreements executed before the effective date of this section. For a child who is placed in any facility outside of California funded through AAP before June 30, 2025, or the effective date of this section, whichever date is later, and remains in placement on June 30, 2025, or the effective date of this section, whichever date is later, payment at the negotiated benefit amount shall not exceed the timeframe authorized in the adoption assistance agreement in effect on June 30, 2025,
or the effective date of this section, whichever date is later, unless the responsible public agency and the adoptive parents have negotiated and agreed upon up to an additional 60 calendar days for the purpose of transitioning the child home.
(i) The department shall engage child welfare advocates, county child welfare agencies, tribes, and interested stakeholders to update policies regarding the use of AAP for wraparound and out-of-home placements, including planning for transition back home to the family setting, and shall provide to the Legislature proposed statutory changes no later than February 1, 2026.
(j) (1)The department shall provide guidance to counties regarding the
steps necessary to document the requirements described in this section and shall develop processes to regularly document that the out-of-state residential treatment facility continues to meet the requirements of subdivision (f).
(k) (1) Subject to an appropriation by the Legislature for these purposes, the department shall directly, or through contract with a service provider, ensure transition support services are made available to adoptive families. Transition support services shall include, at minimum, all of the following:
(A) Assist families in identifying and linking to needed services for their adopted child.
(B) Assist the family with access to wraparound services, if needed.
(C) Connect to mental health services, preferably with a provider who has been trained in adoption competencies, unless declined by the family.
(D) Connect to the local county social services agency to reapply or reinstate Medi-Cal coverage for adoptive families to connect to services and link to enhanced care management and other benefits and services that are available through Medi-Cal managed care plans, if determined eligible for Medi-Cal and enrolled in a Medi-Cal managed care plan.
(2) The responsible public agency shall refer the family to postpermanency services at the local level to support the adoptive family in navigating postpermanency services, in accordance with guidance to be developed by the department in consultation with counties and stakeholders.
(l) Subject to an appropriation by the Legislature for these purposes, the department shall ensure both of the following activities are completed:
(1) The department shall interview adoptive parents who voluntarily agree or who decide to submit information directly to the department regarding the reason that out-of-state placement was necessary, the specific services received out of state, services received to support the transition back to California, and the current status of their adoptive children who returned to California on or after July 1, 2025. A report shall be provided to the Legislature, consistent with Section 9795 of the Government Code, on January 14, 2028.
(2) Engage adoptive families, youth, adoption agencies, child welfare advocates, county child welfare agencies, tribes, and other interested
stakeholders to identify the training, services, supports, and any gaps that exist to support adoptive families connecting to resources before crises escalate to wraparound or residential placement and shall provide to the Legislature proposed statutory changes no later than August 1, 2028.
(2)
(m) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions and amended forms, which shall be exempt
from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations.
(k)
(n) This section is inoperative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the Statewide Child Welfare Information System (currently the California Automated Response and Engagement System (CWS-CARES)) can perform the necessary automation to implement the Tiered Rate Structure described in subdivision (h) of Section 11461, whichever is later, and is repealed as of January 1 of the following year.
SEC. 32.
Section 16121.5 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 107 of the Statutes of 2025, is amended to read:16121.5.
(a) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for placement in an out-of-state residential treatment facility if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency has confirmed that placement in the out-of-state residential treatment facility is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child and related to a condition that existed before the adoptive placement.(b) AAP benefits may be authorized for payment for an eligible child’s placement in an out-of-state residential treatment facility if the responsible public agency has determined that
both of the following conditions exist:
(1) One or more of the adoptive parents reside in the state in which the residential treatment facility is located.
(2) The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility.
(c) The designation of the placement facility shall be made, after consultation with the adoptive family, by the responsible public agency. Placement in an out-of-state residential treatment facility shall only be made as part of a plan for return of the child to the adoptive family and the adoptive parents shall actively
participate in the reunification plan.
(d) The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following:
(1) The sum of all of the following:
(A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.
(B) The Tier 3+ administrative rate established under paragraph (2) of subdivision (e) of Section 11462.
(C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562.
(2) The rate determined by the ratesetting authority in the
state in which the out-of-state residential treatment facility is located.
(e) (1) For the purpose of this section, “out-of-state residential treatment facility” means a facility that is located in a state outside of California, is licensed and in good standing or otherwise approved and in good standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a child’s mental health, behavioral
health, emotional health, and attachment needs, and shall have a mental health clinic program.
(2) For purposes of this section, “out-of-state residential treatment facility” shall not include wilderness programs, boot camps, detention facilities, any facility operated primarily for the detention of youth who are involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools.
(3) For purposes of this section, “responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.
(f) (1) Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of
licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following:
(A) Licensed or otherwise approved by the applicable state or tribal authority.
(B) In good standing.
(C) Eligible as a Title IV-E funded placement.
(D) A qualified residential treatment program, as defined in the federal Social Security Act (42 U.S.C. Sec. 672(k)(4)).
(2) The documentation required by paragraph (1) shall originate from the government agency or tribal authority that licenses or otherwise approves the out-of-state residential treatment facility, or the appropriate state or tribal Title IV-E
agency.
(g) County adoption agencies shall annually provide all of the following information to the department:
(1) The total number of children in out-of-state residential treatment facilities.
(2) The name and location of each out-of-state residential treatment facility during the reporting period.
(3) The number of days each child placed in an out-of-state residential treatment facility remained in that facility.
(h) (1)The department shall provide guidance to counties regarding the steps
necessary to document the requirements described in this section and shall develop processes to regularly document that the out-of-state residential treatment facility continues to meet the requirements of subdivision (f).
(i) (1) Subject to an appropriation by the Legislature for these purposes, the department shall directly, or through contract with a service provider, ensure transition support services are made available to adoptive families. Transition support services shall include, at minimum, all of the following:
(A) Assist families in identifying and linking to needed services for their adopted child.
(B) Assist the family with access to wraparound services, if needed.
(C) Connect to mental health services, preferably with a provider who has been trained in adoption competencies, unless declined by the family.
(D) Connect to the local county social services agency to reapply or reinstate Medi-Cal coverage for adoptive families to connect to services and link to enhanced care management and other benefits and services that are available through Medi-Cal managed care plans, if determined eligible for Medi-Cal and enrolled in a Medi-Cal managed care plan.
(2) The responsible public agency shall refer the family to postpermanency services at the local level to support the adoptive family in navigating postpermanency services, in accordance with guidance to be developed by the department in consultation with counties and stakeholders.
(j) Subject to an appropriation by the Legislature for these purposes, the department shall ensure both of the following activities are completed:
(1) The department shall interview adoptive parents who voluntarily agree or who decide to submit information directly to the department regarding the reason that out-of-state placement was necessary, the specific services received out of state, services received to support the transition back to California, and the current status of their adoptive children who returned to California on or after July 1, 2025. A report shall be provided to the Legislature, consistent with Section 9795 of the Government Code, on January 14, 2028.
(2) Engage adoptive families, youth, adoption agencies, child welfare advocates, county child welfare agencies, tribes, and other interested stakeholders to identify the training, services, supports,
and any gaps that exist to support adoptive families connecting to resources before crises escalate to wraparound or residential placement and shall provide to the Legislature proposed statutory changes no later than August 1, 2028.
(2)
(k) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions and amended forms, which shall be exempt from submission to or review by the Office of
Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2031.
(i)
(l) This section is operative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the Statewide Child Welfare Information System (currently the California Automated Response and Engagement System (CWS-CARES)) can perform the necessary automation to implement the Tiered Rate Structure described in subdivision (h) of Section 11461, whichever is later.
SEC. 33.
Section 18906.55 is added to the Welfare and Institutions Code, to read:18906.55.
(a) (1) Notwithstanding Section 18906.5 or any other law, in order to provide fiscal relief for the substantial fiscal pressures on counties created by the unprecedented and unanticipated increase in CalFresh administrative costs as a result of federal H.R. 1 (Public Law 119-21), for the 2026–27 to 2028–29 fiscal years, inclusive, the amount of a county’s share of the nonfederal costs for administration of CalFresh is capped at the amount the county expended in its contribution in the 2024–25 fiscal year, or the amount the county was required to contribute to receive its full allocation of state General Fund moneys under the Budget Act of 2024 (Chapter 35 of the Statutes of 2024), whichever amount is lower.(2) Once a
county has reached the nonfederal share of costs specified in paragraph (1), the county shall receive the full General Fund allocation for administration of CalFresh for that fiscal year.
(3) If projected or estimated costs for the administration of CalFresh decline such that a county’s required contribution to receive its full allocation of state General Fund moneys would be less than the amount specified in paragraph (1), the county’s contribution shall be decreased accordingly and shall be readjusted to be commensurate with cost-sharing ratios of total costs consistent with Section 18906.5. Any such adjustment shall be determined by the department in consultation with the County Welfare Directors Association of California.
(b) The full General Fund allocation for administration of CalFresh for July 1, 2026, to June 30, 2029, inclusive, pursuant to subdivision (a), shall equal
70 percent of the nonfederal projected funding need for administration of CalFresh.
(c) Relief to the county share of administrative costs authorized by this section shall not result in any increased cost to the General Fund, as determined in subdivision (b).
(d) Subdivision (a) does not prevent a county from expending funds in excess of the amount specified in subdivision (a).
(e) In recognition of county cost pressures, the county share of costs otherwise required pursuant to Section 18906.5 shall be waived for the twenty million dollars ($20,000,000) General Fund appropriated and allocated pursuant to Provision 17 of Section 188 of the Budget Act of 2025 (Chapter 104 of the Statutes 2025).
(f) This section shall become inoperative on
July 1, 2030, and, as of January 1, 2031, is repealed.
SEC. 34.
Section 18928.6 is added to the Welfare and Institutions Code, to read:18928.6.
(a) In order to support access to CalFresh and other nutrition programs, to accurately determine eligibility and benefit amounts, to effectively deploy funding to support county welfare departments’ implementation and operation of program requirements, and to complement federal and state performance measures, including, but not limited to, access, timeliness, and accuracy measures, the department shall utilize information related to the measures identified in subdivision (b) that is necessary to assess performance of, monitor the efficacy and impact of administrative funding of, facilitate technical assistance with county welfare departments related to, and inform the public about service delivery in, the CalFresh program.(b) Information
utilized pursuant to this section shall be limited to information related to client, eligibility worker, and administrator experiences, case processing, and the operations of automation systems.
(c) The department shall prioritize the use of existing data and administrative information before requesting or requiring additional information from counties. The information shall support the state and county welfare departments’ efforts to mitigate the impacts of Public Law 119-21 on clients, county welfare departments, and the state, including information that supports eligible people receiving the benefits they are entitled to and minimizes benefit cost sharing by reducing the state’s payment error rate.
(d) In consultation with county welfare departments, the County Welfare Directors Association of California (CWDA), the recognized exclusive representatives of eligibility workers,
the California Statewide Automated Welfare System (CalSAWS) Consortium, and other stakeholders, as identified by the department, the department shall define the information and processes necessary to meet the goals identified in subdivisions (a) and (c), including the specification of data elements, system tables, or other information, as well as describe the processes to obtain the information, including defining the form of the data and the methods of delivery, and the circumstances under which an extension may be granted pursuant to subdivision (e).
(e) The county welfare departments and CalSAWS Consortium shall provide the information and access to necessary data identified by the department pursuant to subdivisions (c) and (d), to the extent the information is available, and is not legally prohibited from being shared, including the provision of any relevant information or data that may be held by a contractor performing services for the
county welfare department, to the extent permitted under existing contracts. Once the department has communicated a data or information need to a county welfare department or to CalSAWS, production of information or data shall begin for recurring instances, and be completed for one-time instances, within no more than 60 days of the department’s request, unless the department grants an extension of time.
SEC. 35.
Section 18930 of the Welfare and Institutions Code, as amended by Section 84 of Chapter 50 of the Statutes of 2022, is amended to read:18930.
(a) There is hereby created the California Food Assistance Program (CFAP).(b) CFAP shall utilize existing CalFresh and electronic benefits transfer system infrastructure to the extent permissible by federal law.
(c) The State Department of Social Services shall use state funds appropriated for CFAP to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status. In accordance with Section 1621(d) of Title 8 of the United States Code, this chapter provides benefits for undocumented persons.
(1) Subject to an appropriation in the annual Budget Act for the express purpose of
this paragraph, an individual 55 years of age or older shall be eligible for the program established in subdivision (a) if the individual’s immigration status is the sole basis for their ineligibility for CalFresh benefits.
(2) Except as provided in paragraphs (3), (4), and (5) and Section 18930.5, noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but the person is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to the person’s immigration status under Public Law 104-193 and any subsequent amendments thereto.
(3) Noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person is a
battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, or if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-422).
(4) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter if the applicant is sponsored and one of the following apply:
(A) The sponsor has died.
(B) The sponsor is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry
into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.
(5) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (4), shall be eligible for aid under this chapter beginning on October 1, 1999.
(6) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (4) has been met.
(7) For purposes of subparagraph (C) of paragraph (4), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be
sufficient to establish abuse if one or more additional items of evidence of abuse are also provided. Additional evidence may include, but is not limited to, the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(8) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the applicant is credible.
(d) (1) The amount of nutrition benefits provided to each CFAP household shall be identical to the amount that would otherwise be provided to a household eligible for CalFresh benefits.
(2) The benefit amount for a CFAP recipient who is an excluded member of a CalFresh household shall be limited to the amount that the recipient would have received as their share of a CalFresh household benefit, had they not been excluded due to their immigration status.
(3) To the extent permissible under federal law, the delivery of CFAP nutrition benefits shall be identical to the delivery of CalFresh benefits to eligible CalFresh households.
(e) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (c) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900).
(2) No household shall receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto.
(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, but no later than 18 months after
the date upon which this subdivision becomes operative.
(g) (1) Notwithstanding Section 18933 and subdivision (d), commencing October 1, 2027, or once this section becomes operative pursuant to subdivision (h), whichever is later, CalFresh and CFAP overissuance claims arising out of the same error or intentional program violation recovered through minimum allotment reductions shall be recovered consecutively.
(2) For any household receiving both CalFresh and CFAP benefits that is subject to minimum allotment reductions for overissuance claims, the CalFresh overissuance claim shall be recovered as prescribed by subdivision (d) of Section 18927 and Section 273.18 of Title 7 of the Code of Federal Regulations and shall occur prior to recovery of the CFAP overissuance claim.
(3) Recovery of the CFAP overissuance claim shall not commence until the entire CalFresh overissuance claim has been recovered.
(4) For purposes of this subdivision, minimum allotment reduction means either of the following:
(A) The reduction of a household’s monthly allotment due to an overissuance claim is determined to be twenty dollars ($20) pursuant to subdivision (d) of Section 18927.
(B) The reduction of a household’s monthly allotment due to an overissuance claim is determined to be at ten dollars ($10) pursuant to subdivision (d) of Section 18927.
(g)
(h) This section shall become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.
SEC. 36.
Section 18997 of the Welfare and Institutions Code is amended to read:18997.
(a) Subject to an appropriation for this purpose in the annual Budget Act, the State Department of Social Services shall administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. The department shall prioritize funding for pilot programs and projects that serve California residents who age out of the extended foster care program at or after 21 years of age or who are pregnant individuals. The department, in consultation with relevant stakeholders, shall determine the methodology for, and manner of, distributing grants awarded pursuant to this chapter. In determining the methodology and manner of distributing grants, the department shall ensure that grant funds are awarded in an equitable manner to eligible entities in both rural and urban counties and in proportion to the number of individuals anticipated to be served by an eligible entity’s pilot program or project.(b) In order to receive grant funds pursuant to this chapter, an eligible entity shall do all of the following:
(1) Present commitments of additional funding for pilot programs and projects to be funded with a grant received pursuant to this chapter equal to or greater than 50 percent of the amount of funding to be provided to the pilot program or project from a grant received pursuant to this chapter.
(2) Present a plan for providing all individuals who receive guaranteed income payments funded with a grant provided under this chapter with sufficient benefits counseling and informational materials to ensure that they are aware
of any impact the receipt of a guaranteed income payment from the pilot program or project may have on their eligibility for other public benefit programs.
(3) Agree to assist the department in obtaining, or to pursue, to the extent necessary, all available exemptions or waivers to ensure that guaranteed income payments made under those pilots and projects are not considered income or resources for the recipient of the guaranteed income payments or any member of their household in any means-tested federal, state, or local public benefit programs.
(c) (1) Notwithstanding any other law, guaranteed income payments received by an individual from a pilot program or project funded pursuant to this chapter shall not be considered income or resources for purposes of determining the individual’s, or any member of their household’s, eligibility
for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local benefit or assistance program.
(2) The department shall, in consultation with stakeholders, and after consultation with the Legislature, identify federal benefit and assistance programs that require an exemption or waiver in order for a guaranteed income payment funded with a grant provided under this chapter to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the department shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department, to exclude guaranteed income payments from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, seek a federal waiver or
exemption. The state’s failure to be granted a federal exemption or waiver, as described in this paragraph, shall not affect the department’s ability to administer the California Guaranteed Income Pilot Program, and the department may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.
(d) Notwithstanding any other law, for the purposes of determining eligibility to receive benefits, or the amount or extent of medical assistance, under the Medi-Cal program, a guaranteed income payment funded with a grant provided under this chapter shall not be considered income or resources for a period of 12 months from receipt. This subdivision shall only be implemented by the State Department of Health Care Services to the extent consistent with federal law and any waivers received for the implementation of this subdivision, and federal financial participation for the Medi-Cal
program is available and not otherwise jeopardized.
(e) (1) The department shall review and evaluate the pilot programs and projects funded pursuant to this chapter to determine, at a minimum, the economic impact of the programs and projects and their impact on the outcomes of individuals who receive guaranteed income payments funded with a grant provided under this chapter. To the extent feasible within existing resources and evaluation design, the evaluation shall include the applicability of the lessons learned from the pilot program for the state’s CalWORKs program, with the objective of reaching the goals of improved outcomes for families and children living in poverty. The department shall consult with stakeholders and legislative staff on the details of, and data components to include in, the evaluation, as well as any other topics to be addressed by the review and evaluation, in advance of any decision to contract
for this evaluation. Notwithstanding any other law, the department may accept and, subject to an appropriation for this purpose, expend funds from any source, public or private, for the review and evaluation.
(2) (A) The department shall submit a report to the Legislature regarding the review and evaluation conducted pursuant to paragraph (1) and shall post a copy of the report on its internet website. The department shall comply with this subparagraph by no later than June 1, 2028.
(B) The report described in subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(f) Upon allocation of funding to eligible entities, as described in this section, the
department shall report to the Legislature, and post publicly on its internet website, information about the grants funded, including which specific eligible entities received grants, the expected number of foster youth receiving guaranteed income payments funded with a grant provided under this chapter, characteristics about, and the number of, other populations receiving guaranteed income payments funded with a grant provided under this chapter, and the length of time each guaranteed income pilot program or project will be administered.
(g) For the purposes of this section, “eligible entity” means either of the following:
(1) A city, county, city and county, tribe, consortium of tribes, or tribal organization, or any combination thereof.
(2) A nonprofit organization that is exempt from federal income taxation under
Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code of 1986, as amended, and that provides a letter of support for its pilot or project from any county or city and county in which the organization will operate its pilot or project.
SEC. 37.
Section 18997.4 of the Welfare and Institutions Code is amended to read:18997.4.
This chapter shall become inoperative on January 1,SEC. 38.
Chapter 16.5 (commencing with Section 18998) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:CHAPTER 16.5. Federal Children’s Savings Accounts
18998.
(a) Notwithstanding any other law, and to the extent permitted by federal law, funds deposited and investment returns accrued in a 530A account added by Section 70204(c)(1) of Public Law 119-21 shall not be considered as income or assets when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, CalFresh, General Assistance, California Medical Assistance Program (Medi-Cal), Kinship Guardianship Assistance Payment (Kin-GAP), or Adoption Assistance Program (AAP), and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California or California State University, until an account beneficiary withdraws or transfers the funds from the 530A account added by Section 70204(c)(1) of Public Law 119-21, at which point, the distribution of the funds shall be considered a lump-sum payment and the balance shall be counted to any extent that the balance of any savings account is counted as income or an asset in a program.(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted.
(c) This
section shall become operative on July 1, 2026, or on the date that the department notifies the Legislature of either of the following, whichever is later:
(1) The California Statewide Automated Welfare System can perform the necessary automation to implement this section.
(2) The California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement this section.
SEC. 39.
Section 29 of Chapter 43 of the Statutes of 2023 is amended to read:Sec. 29.
The State Department of Social Services shall adopt regulations, on or before January 1,SEC. 40.
For the 2026–27 fiscal year, the sum of three hundred forty-four thousand dollars ($344,000) is hereby appropriated from the General Fund to the State Department of Social Services for the purpose of implementing CalFresh transparency initiatives. These funds shall be available for encumbrance or expenditure until September 30, 2029. The appropriation made by this section shall be associated with Item 5180-141-0001 of the Budget Act of 2026.SEC. 41.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.SEC. 42.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 43.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025.
