Bill Text: CA AB1603 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public social services omnibus.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Passed) 2016-06-27 - Chaptered by Secretary of State - Chapter 25, Statutes of 2016. [AB1603 Detail]
Download: California-2015-AB1603-Chaptered.html
BILL NUMBER: AB 1603 CHAPTERED
BILL TEXT
CHAPTER 25
FILED WITH SECRETARY OF STATE JUNE 27, 2016
PASSED THE SENATE JUNE 16, 2016
PASSED THE ASSEMBLY JUNE 16, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Committee on Budget (Assembly Members Ting (Chair),
Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Holden, Irwin, McCarty,
Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, and Williams)
JANUARY 7, 2016
An act to amend Section 155 of the Code of Civil Procedure, and to
amend Sections 11253.4, 11320.32, 11402, 11450.025, 11461.3, 11465,
12301.02, 15200, 16519.5, 17601.50, and 18910.1 of, to amend and
repeal Sections 11322.63 and 11450.04 of, to amend, repeal, and add
Sections 11320.15, 11322.64, 11323.25, and 11450 of, to add Sections
11253.45, 11322.83, 11461.4, 12201.06, 16501.9, and 18920 to, to add
Article 6 (commencing with Section 16523) to Chapter 5 of Part 4 of
Division 9 of, to add Chapter 17 (commencing with Section 18999) to
Part 6 of Division 9 of, and to repeal Section 15200.15 of, the
Welfare and Institutions Code, relating to public social services,
and making an appropriation therefor, to take effect immediately,
bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1603, Committee on Budget. Public social services omnibus.
(1) Existing federal law, the Immigration and Nationality Act,
establishes a procedure for classification of certain aliens as
special immigrants who have been declared dependent on a juvenile
court and authorizes those aliens to apply for an adjustment of
status to that of a lawful permanent resident within the United
States. Under federal regulations, an alien is eligible for special
immigrant juvenile status if, among other things, he or she is under
21 years of age. Existing state law provides that the juvenile,
probate, and family divisions of the superior court have jurisdiction
to make judicial determinations regarding the custody and care of
children within the meaning of the federal Immigration and
Nationality Act.
This bill would clarify that the court has jurisdiction to make
the factual findings necessary to enable a child to petition the
United States Citizenship and Immigration Services for classification
as a special immigrant juvenile. The bill would also provide that
the factual findings may be made at any point in a proceeding, as
specified, if certain requirements are met.
(2) Existing law requires the court, upon request, to make the
necessary findings regarding special immigrant juvenile status if
there is evidence to support those findings, which may consist of,
but is not limited to, a declaration by the child who is the subject
of the petition. Existing law also authorizes the court to make
additional findings that are supported by evidence if requested by a
party.
This bill would specify that the evidence to support those
findings may consist solely of, but is not limited to, the above
declaration. The bill would also authorize the court to make the
additional findings only if requested by a party. The bill would
provide that the asserted, purported, or perceived motivation of the
child seeking classification as a special immigrant juvenile is not
admissible in making findings and would prohibit the court from
including or referencing the motivation of the child, as specified,
in the court's findings.
(3) Existing law establishes the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families using federal, state, and county funds. Existing law
requires a recipient of CalWORKs to participate in welfare-to-work
activities as a condition of eligibility. Under existing law, a
recipient of CalWORKs aid is required to assign to the county any
rights to child support for a family member for whom the recipient is
receiving aid, as specified. Existing law also requires the first
$50 of any amount of child support collected in a month to be paid to
a recipient of CalWORKs aid.
Existing law also establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. Under existing law, a child who is placed in the home of
a relative is eligible for AFDC-FC only if he or she is eligible for
federal financial participation in the AFDC-FC payment.
Existing law establishes the Approved Relative Caregiver Funding
Option Program, in counties that choose to participate, for the
purpose of making the amount paid to relative caregivers for the
in-home care of children placed with them who are ineligible for
AFDC-FC payments equal to the amount paid on behalf of children who
are eligible for AFDC-FC payments. Under existing law, a child who is
eligible for the Approved Relative Caregiver Funding Option Program
is not subject to the requirements of CalWORKs, except as specified.
This bill would specify that the above-described CalWORKs
requirements relating to the assignment of child support apply to
assistance units participating in the Approved Relative Caregiver
Funding Option Program. The bill would state that these provisions
are intended to clarify existing law.
(4) Existing law requires a county that has opted into the
Approved Relative Caregiver Funding Option Program to pay an approved
relative caregiver a per child per month rate that is equal to the
basic rate paid to foster care providers and that is funded, in part,
through the CalWORKs program.
This bill, commencing January 1, 2017, would generally require a
child who has been placed in the home of a relative who has been
approved as a resource family to receive a grant that equals the
resource family basic rate at the child's assessed level of care, as
specified. By requiring counties to increase grants to children who
are placed in the home of a relative who has been approved as a
resource family, this bill would impose a state-mandated local
program.
(5) Existing law requires that, in order to be eligible for
AFDC-FC, a child be placed in one of several specified placements,
including the approved home of a resource family, and provides that a
child placed with a resource family is eligible for AFDC-FC
payments.
This bill, commencing January 1, 2017, would instead provide that
a child placed in the approved home of a resource family is eligible
for AFDC-FC if the caregiver is a nonrelative or the caregiver is a
relative and the child or youth is otherwise eligible for federal
financial participation in the AFDC-FC payment. The bill would also
specify that a child placed with a resource family is eligible for
the resource family basic rate.
(6) Existing law authorizes the Director of Social Services to
enter into an agreement with a tribe, consortium of tribes, or tribal
organization, regarding the care and custody of Indian children and
jurisdiction over Indian child custody proceedings, under specified
circumstances. Existing law requires these agreements to provide for
the delegation to the tribe, consortium of tribes, or tribal
organization, of the responsibility that would otherwise be the
responsibility of the county for the provision of child welfare
services or assistance payments under the AFDC-FC program, or both.
Existing law requires the State Department of Social Services to
annually allocate appropriated funds to each federally recognized
American Indian tribe with reservation lands or rancherias in the
state that administers a federal tribal Temporary Assistance for
Needy Families (TANF) program.
This bill would establish the Tribal Approved Relative Caregiver
Funding Option Program and would require participating tribes that
opt to participate in the program to pay an approved relative
caregiver a per child per month rate, as specified, in return for the
care and supervision of an AFDC-FC ineligible child placed with the
approved relative caregiver if the participating tribe has notified
the department of its decision to participate in the program, as
specified, and certain requirements are met, including that the child
resides in California. The bill would require the department, in
consultation with the participating tribe, to determine the initial
base caseload of the tribe and to determine the amount necessary to
fund the base caseload.
(7) Existing law requires, when a child is living with a parent
who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the
foster care provider on behalf of the parent include an additional
amount, known as an infant supplement, for the care and supervision
of the child. Existing law requires the State Department of Social
Services to adopt a uniform rate for the infant supplement for each
category of eligible licensed community care facility.
This bill, commencing July 1, 2016, would require the infant
supplement rate to be increased by $489 per month, if funding for
this purpose is appropriated in the annual Budget Act.
(8) Existing law requires the State Department of Social Services
to administer a voluntary Temporary Assistance Program (TAP) to
provide cash assistance and other benefits to specified current and
future CalWORKs recipients who meet the exemption criteria for
participation in welfare-to-work activities and are not single
parents who have a child under one year of age. Existing law requires
the TAP to commence no later than October 1, 2016.
This bill would make that provision inoperative on June 30, 2016.
(9) Existing law requires, for counties that implement a
welfare-to-work plan that includes subsidized private sector or
public sector employment activities, the State Department of Social
Services to pay the county 50%, less $113, of the total wage costs of
an employee for whom a wage subsidy is paid, subject to specified
conditions.
This bill would make that provision inoperative on July 1, 2016,
and would repeal that provision on January 1, 2017. The bill would
make related changes.
(10) Existing law requires the department to develop an allocation
methodology to distribute additional funding for expanded subsidized
employment programs for CalWORKs recipients.
This bill would require, on and after July 1, 2016, a county that
accepts additional funding for expanded subsidized employment in
accordance with that provision to continue to expend no less than the
aggregate amount of specified funding received by the county that
the county expended on subsidized employment in the 2012-13 fiscal
year, except as specified.
(11) Existing law requires a recipient of CalWORKs to participate
for a specified number of hours each week in welfare-to-work
activities as a condition of eligibility.
The federal Workforce Innovation and Opportunity Act of 2014
provides for workforce investment activities, including activities in
which states may participate. Existing federal law requires the
local chief elected officials in a local workforce development area
to form, pursuant to specified guidelines, a local workforce
development board to, among other things, plan and oversee the
workforce development system and lead efforts in the local area to
develop and implement career pathways within the local area.
This bill would deem a recipient who is making satisfactory
progress in a career pathway program established in accordance with
the federal Workforce Innovation and Opportunity Act to be in
compliance with the hourly participation requirements of the CalWORKS
program under specified conditions. By increasing the duties of
counties administering the CalWORKs program, the bill would impose a
state-mandated local program.
(12) As part of the CalWORKs program, existing law provides that a
homeless family that has used all available liquid resources in
excess of $100 may be eligible for homeless assistance benefits to
pay the costs of temporary shelter. The CalWORKs program also
provides permanent housing assistance to pay rent or a security
deposit, as specified, in order to secure housing for the family or
prevent eviction.
Under existing law, eligibility for temporary shelter assistance
is limited to one period of up to 16 consecutive days of temporary
assistance in a lifetime, and eligibility for permanent housing
assistance is limited to one payment of assistance, subject to
specified exceptions. Existing law provides that a family that
includes a parent or nonparent caretaker relative living in the home
who has previously received temporary or permanent homeless
assistance at any time on behalf of an eligible child is not eligible
for further homeless assistance.
This bill, commencing January 1, 2017, would expand the provision
of temporary shelter assistance and permanent housing assistance to
be available every 12 months. The bill would make conforming changes
regarding an applicant for homeless assistance benefits being
informed of the availability of the benefits every 12 months. The
bill would delete the above limitation on a family's eligibility for
homeless assistance. Because this bill would increase the
administrative duties of counties, it would impose a state-mandated
local program.
(13) Existing law, referred to as the maximum family grant rule,
prohibits the number of needy persons in the same family from being
increased, for purposes of determining a family's maximum aid
payment, for any child born into a family that has received aid under
the CalWORKs program continuously for the 10 months prior to the
birth of the child, with specified exceptions.
This bill would repeal the maximum family grant rule on January 1,
2017.
(14) Existing law establishes maximum aid grant amounts to be
provided to each family receiving aid under CalWORKs. Existing law
increases the maximum aid payments by 5% commencing March 1, 2014,
and by an additional 5% commencing April 1, 2015. Existing law
specifies a process by which increases may be made to the maximum aid
payments depending on projections of revenue and costs by the
Department of Finance.
This bill would, effective October 1, 2016, increase the maximum
aid grant amounts by an additional 1.43%. The bill would also,
effective January 1, 2017, require households eligible for CalWORKs
aid to receive an increased aid payment consistent with the repeal of
the maximum family grant rule and would require those costs to be
paid from moneys deposited into the Child Poverty and Family
Supplemental Support Subaccount. To the extent that this bill affects
eligibility under the CalWORKs program, the bill would impose a
state-mandated local program.
(15) Existing law establishes the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law provides, as part of the
Coordinated Care Initiative, that IHSS is a Medi-Cal benefit
available through managed care health plans in specified counties.
Existing law provides for a 7% reduction in authorized hours of
service to each IHSS recipient, as specified.
Existing law, commencing July 1, 2016, until July 1, 2019,
establishes a managed care organization provider tax, to be
administered by the State Department of Health Care Services, as
specified, subject to approval from the federal Centers for Medicare
and Medicaid Services, as specified.
This bill would suspend the 7% reduction in hours of service to
each IHSS recipient until July 1, 2019, if the managed care
organization provider tax remains operative. The bill would require
the reduction to be reinstated by a specified date if the managed
care organization provider tax ceases to be operative for any reason.
By increasing the administrative duties of counties under the IHSS
program, this bill would impose a state-mandated local program.
(16) Existing law requires the State Department of Social Services
to implement a single statewide Child Welfare Services Case
Management System (CWS/CMS) to administer and evaluate the state's
child welfare services and foster care programs.
This bill would require the State Department of Social Services
and the Office of Systems Integration (OSI), in collaboration with
the County Welfare Directors Association (CWDA), to seek resources to
enable the necessary level of engagement by the counties in the
Child Welfare Services-New System (CWS-NS), as specified. The bill
would require the department and OSI to provide a voting seat on all
governance bodies of the CWS-NS for a CWDA representative. The bill
would also require the department and OSI to continue to provide
monthly updates to the Legislature and to stakeholders, including
CWDA, regarding efforts to develop and implement the CWS-NS. The bill
would also require CWS/CMS operations and functionality to be
maintained at a level at least commensurate with its December 2015
status, as specified. The bill would make related findings and
declarations.
(17) Existing law establishes a system of statewide child welfare
services, administered by the State Department of Social Services and
county child welfare agencies, with the intent that all children are
entitled to be safe and free from abuse and neglect.
This bill would establish the Bringing Families Home Program, and
would, to the extent funds are appropriated in the annual Budget Act,
require the State Department of Social Services to award program
funds to counties for the purpose of providing housing-related
supports to eligible families experiencing homelessness if specified
criteria are met. The bill would require the department to award
program funds to counties according to criteria developed by the
department, in consultation with specified entities, subject to a
requirement that a county that receives funds under the program
provide matching funds for these purposes, as specified.
(18) Existing federal law provides for the Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, under
which supplemental nutrition assistance benefits allocated to the
state by the federal government are distributed to eligible
individuals by each county. Existing law requires the State
Department of Social Services to redetermine recipient eligibility
and grant amounts under CalFresh on a semiannual basis, as specified.
Existing law states the intent of the Legislature to assign
certification periods for CalFresh households that are the maximum
number of months allowed under federal law based on the household's
circumstances, subject to a specified exception.
This bill would instead require the assignment of certification
periods in the above-described manner, as specified, and would
provide an additional exception, on a case-by-case basis only, for a
household's individual circumstances requiring a shorter
certification period. Because this bill would increase the
administrative duties of counties, it would impose a state-mandated
local program.
(19) Existing law, the State Department of Health Services
Cooperative Agreement Act, provides for the establishment of
cooperative agreements between the State Department of Public Health
and other public and private entities for the purposes of, among
other things, simplifying the administration of public health
programs by the department. The act requires cooperative agreements
to be subject to review and approval by the Department of General
Services with certain exceptions.
This bill would deem an agreement between the State Department of
Social Services and a unit of local government, any other unit of
state government, or a nonprofit organization that provides for a
contract relating to outreach programs related to CalFresh and the
Supplemental Nutrition Assistance Program: Nutrition Education and
Obesity Prevention Grant Program to be a "cooperative agreement," as
defined. The bill would specify that these changes apply
retroactively.
(20) Existing federal law establishes various disability benefits
programs, including the Supplemental Security Income (SSI) program,
under which cash assistance is provided to qualified low-income aged,
blind, and disabled persons, and the Social Security Disability
Insurance (SSDI) program, under which benefits are provided to
persons with disabilities who have paid social security taxes.
Existing federal law also provides for disability compensation for
veterans under specified circumstances.
Existing state law provides for disability benefits programs,
including the State Supplementary Program for the Aged, Blind, and
Disabled (SSP), under which state funds are provided in
supplementation of federal SSI benefits, and the Cash Assistance
Program for Immigrants, which provides benefits to aged, blind, and
disabled legal immigrants who meet specified criteria. Existing law
also establishes various housing programs directed by the Department
of Housing and Community Development, including special housing
programs to provide housing assistance for persons with developmental
and physical disabilities and persons with mental health disorders.
This bill would establish the Housing and Disability Income
Advocacy Program under the administration of the State Department of
Social Services, subject to an appropriation of funds in the annual
Budget Act. The program would provide state grant funds to
participating counties for the provision of outreach, case
management, and advocacy services to assist clients who are homeless
or at risk of becoming homeless to obtain disability benefits. The
bill would require participating counties to provide housing
assistance to these clients during their application periods for
disability benefits programs, as specified. The bill would also
require participating counties to annually report to the department
regarding their funding of advocacy and outreach programs and use of
state funding provided under the program, as specified. The bill
would require the department to periodically inform the Legislature
of the implementation progress of the program, to make related data
available on the department's Internet Web site, and to report to the
Legislature by October 1, 2018, regarding the implementation of the
program, as specified.
(21) Under existing law, benefit payments under SSP are calculated
by establishing the maximum level of nonexempt income and federal
SSI and state SSP benefits for each category of eligible recipient.
The state SSP payment is the amount required, when added to the
nonexempt income and SSI benefits available to the recipient, to
provide the maximum benefit payment. Existing law prohibits, for each
calendar year, commencing with the 2011 calendar year, any
cost-of-living adjustment from being made to the maximum benefit
payment unless otherwise specified by statute, except for the pass
along of any cost-of-living increase in the federal SSI benefits.
Existing law continuously appropriates funds for the implementation
of SSP.
This bill, commencing January 1, 2017, would increase the amount
of aid paid under SSP that is in effect on December 31, 2016, less
the federal benefit portion received, by 2.76%. The bill would
instead provide that the continuous appropriation would not be made
for purposes of implementing these provisions.
(22) Existing law requires the State Department of Social Services
and the State Department of Health Care Services to carry out
specified duties relating the administration of foster care services.
The bill would require the State Department of Social Services and
the State Department of Health Care Services, during the 2017 and
2018 legislative budget hearings, to update the legislative budget
committees on activities taken by the departments to implement
specified reform measures relating to foster care. The bill would
also require the State Department of Social Services to convene
stakeholders, including county placing agencies, providers, foster
youth, and legislative staff, commencing no later than July 1, 2016,
to discuss the adequacy of the proposed foster care rates and rate
structure and the extent to which the rates will achieve the desired
outcomes for those reform measures, to report to legislative budget
committees, and to provide updated project costs, as specified.
(23) The bill would authorize the State Department of Social
Services to adopt emergency regulations implementing specified
provisions of the bill.
(24) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(25) Existing federal law provides for the allocation of federal
funds through the federal TANF block grant program to eligible
states. The state CalWORKs program is funded through a combination of
federal funds received through the federal TANF block grant program
and state and county funds. Existing law continuously appropriates
moneys from the General Fund to defray a portion of county costs
under the CalWORKs program.
By expanding eligibility for, increasing assistance payments to
recipients of, and adjusting funding formulas for counties providing
benefits under, the CalWORKs program, and by providing funding for
the Tribal Approved Relative Caregiver Funding Option Program, which
is also funded by TANF, the bill would make an appropriation.
(26) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 155 of the Code of Civil Procedure is amended
to read:
155. (a) (1) A superior court has jurisdiction under California
law to make judicial determinations regarding the custody and care of
children within the meaning of the federal Immigration and
Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec.
204.11), which includes, but is not limited to, the juvenile,
probate, and family court divisions of the superior court. These
courts have jurisdiction to make the factual findings necessary to
enable a child to petition the United States Citizenship and
Immigration Services for classification as a special immigrant
juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United
States Code.
(2) The factual findings set forth in paragraph (1) of subdivision
(b) may be made at any point in a proceeding regardless of the
division of the superior court or type of proceeding if the
prerequisites of that subdivision are met.
(b) (1) If an order is requested from the superior court making
the necessary findings regarding special immigrant juvenile status
pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
Code, and there is evidence to support those findings, which may
consist solely of, but is not limited to, a declaration by the child
who is the subject of the petition, the court shall issue the order,
which shall include all of the following findings:
(A) The child was either of the following:
(i) Declared a dependent of the court.
(ii) Legally committed to, or placed under the custody of, a state
agency or department, or an individual or entity appointed by the
court. The court shall indicate the date on which the dependency,
commitment, or custody was ordered.
(B) That reunification of the child with one or both of the child'
s parents was determined not to be viable because of abuse, neglect,
abandonment, or a similar basis pursuant to California law. The court
shall indicate the date on which reunification was determined not to
be viable.
(C) That it is not in the best interest of the child to be
returned to the child's, or his or her parent's, previous country of
nationality or country of last habitual residence.
(2) The superior the court may make additional findings under this
section that are supported by evidence only if requested by a party.
The asserted, purported, or perceived motivation of the child
seeking classification as a special immigrant juvenile shall not be
admissible in making the findings under this section. The court shall
not include nor reference the asserted, purported, or perceived
motivation of the child seeking classification as a special immigrant
juvenile in the court's findings under this section.
(c) In any judicial proceedings in response to a request that the
superior court make the findings necessary to support a petition for
classification as a special immigrant juvenile, information regarding
the child's immigration status that is not otherwise protected by
state confidentiality laws shall remain confidential and shall be
available for inspection only by the court, the child who is the
subject of the proceeding, the parties, the attorneys for the
parties, the child's counsel, and the child's guardian.
(d) In any judicial proceedings in response to a request that the
superior court make the findings necessary to support a petition for
classification as a special immigrant juvenile, records of the
proceedings that are not otherwise protected by state confidentiality
laws may be sealed using the procedure set forth in California Rules
of Court 2.550 and 2.551.
(e) The Judicial Council shall adopt any rules and forms needed to
implement this section.
SEC. 2. Section 11253.4 of the Welfare and Institutions Code is
amended to read:
11253.4. (a) (1) On and after January 1, 2015, a child eligible
for the Approved Relative Caregiver Funding Option Program in
accordance with Section 11461.3 is not subject to the provisions of
this chapter relating to CalWORKs, including, but not limited to, the
provisions that relate to CalWORKs eligibility, welfare-to-work,
time limits, or grant computation.
(2) All of the following shall apply to a child specified in
paragraph (1):
(A) He or she shall receive the applicable regional CalWORKs grant
for recipient in an assistance unit of one, pursuant to the exempt
maximum aid payment set forth in Section 11450, and any changes to
the CalWORKs grant amount shall apply to the grant described in this
subparagraph.
(B) Notwithstanding any other law, the CalWORKs grant of the child
shall be paid by the county with payment responsibility as described
in subdivision (b) of Section 11461.3, rather than the county of
residence of the child, unless the child resides in the county with
payment responsibility.
(C) For an assistance unit described in subparagraph (A),
eligibility shall be determined in accordance with paragraph (3) of
subdivision (a) of Section 672 of Title 42 of the United States Code
and state law implementing those requirements for the purposes of
Article 5 (commencing with Section 11400).
(D) (i) Article 7 (commencing with Section 11475.2), as modified
by subdivisions (j) and (k) of Section 11461.3, shall apply to an
assistance unit described in subparagraph (A).
(ii) This subparagraph is intended by the Legislature to clarify
existing law.
(b) (1) Except as provided in paragraph (2), a person who is an
approved relative caregiver with whom a child eligible in accordance
with Section 11461.3 is placed shall be exempt from Chapter 4.6
(commencing with Section 10830) of Part 2 governing the statewide
fingerprint imaging system.
(2) An approved relative caregiver who is also an applicant for or
a recipient of benefits under this chapter shall comply with the
statewide fingerprint imaging system requirements.
(c) Notwithstanding Sections 11004 and 11004.1 or any other law,
overpayments to an assistance unit described in subparagraph (A) of
paragraph (2) of subdivision (a) shall be collected in accordance
with subdivision (d) of Section 11461.3.
(d) If an approved relative caregiver with whom a child eligible
in accordance with Section 11461.3 is placed is also an applicant for
or a recipient of benefits under this chapter, all of the following
shall apply:
(1) The applicant or recipient and each eligible child, excluding
any child eligible in accordance with Section 11461.3, shall receive
aid in an assistance unit separate from the assistance unit described
in subparagraph (A) of paragraph (2) of subdivision (a), and the
CalWORKs grant of the assistance unit shall be paid by the county of
residence of the assistance unit.
(2) For purposes of calculating the grant of the assistance unit,
the number of eligible needy persons on which the grant is based
pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
not include any child eligible in accordance with Section 11461.3.
(3) For purposes of calculating minimum basic standards of
adequate care for the assistance unit, any child eligible in
accordance with Section 11461.3 shall be included as an eligible
needy person in the same family pursuant to paragraph (2) of
subdivision (a) of Section 11452.
(e) This section shall apply retroactively to a child eligible for
the Approved Relative Caregiver Funding Option Program and his or
her approved relative caregiver as of January 1, 2015.
SEC. 3. Section 11253.45 is added to the Welfare and Institutions
Code, immediately following Section 11253.4, to read:
11253.45. (a) (1) A child to whom Section 309, 361.45, or 16519.5
applies, and who is placed in the home of a relative who has been
approved as a resource family pursuant to Section 16519.5, shall
receive a grant that equals the resource family basic rate at the
child's assessed level of care, as set forth in subdivision (g) of
Section 11461 and Section 11463. If the child is determined eligible
for aid, the total grant shall be comprised of the CalWORKs grant
plus an amount that, when combined with the CalWORKs grant, equals
the resource family basic rate at the child's assessed level of care.
(2) The non-CalWORKs portion of the grant provided in paragraph
(1) shall be paid from funds separate from funds appropriated in the
annual Budget Act and counties' share of costs for the CalWORKs
program.
(3) A child specified in paragraph (1) is not subject to the
provisions of this chapter relating to CalWORKs, including, but not
limited to, the provisions that relate to CalWORKs eligibility,
welfare to work, child support enforcement, time limits, or grant
computation.
(4) All of the following shall apply to a child specified in
paragraph (1):
(A) He or she shall receive the applicable regional CalWORKs grant
for a recipient in an assistance unit of one, pursuant to the exempt
maximum aid payment set forth in Section 11450, and any changes to
the CalWORKs grant amount shall apply to the grant described in this
subparagraph.
(B) Notwithstanding any other law, the CalWORKs grant for the
child shall be paid by the county with payment responsibility in
accordance with paragraph (1) regardless of the county of residence
of the child.
(C) For an assistance unit described in subparagraph (A),
eligibility shall be determined in accordance with paragraph (3) of
subdivision (a) of Section 672 of Title 42 of the United States Code
and state law implementing those requirements for the purposes of
Article 5 (commencing with Section 11400).
(b) (1) Except as provided in paragraph (2), a person applying for
aid on behalf of a child described in paragraph (1) of subdivision
(a), shall be exempt from Chapter 4.6 (commencing with Section 10830)
of Part 2 governing the statewide fingerprint imaging system.
(2) A relative who is also an applicant for or a recipient of
benefits under this chapter shall comply with the statewide
fingerprint imaging system requirements.
(c) Notwithstanding Sections 11004 and 11004.1 or any other law,
overpayments to an assistance unit described in subparagraph (A) of
paragraph (4) of subdivision (a) shall be collected using the
standards and processes for overpayment recoupment as specified in
Section 11466.24, and recouped overpayments shall not be subject to
remittance to the federal government.
(d) If a relative with whom a child eligible in accordance with
this section is placed is also an applicant for, or a recipient of,
benefits under this chapter, all of the following shall apply:
(1) The applicant or recipient and each eligible child, excluding
any child eligible in accordance with this section, shall receive aid
in an assistance unit separate from the assistance unit described in
subparagraph (A) of paragraph (4) of subdivision (a), and the
CalWORKs grant of the assistance unit shall be paid by the county of
residence of the assistance unit.
(2) For purposes of calculating the grant of the assistance unit,
the number of eligible needy persons on which the grant is based
pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
not include any child eligible in accordance with this section.
(3) For purposes of calculating minimum basic standards of
adequate care for the assistance unit, any child eligible in
accordance with this section shall be included as an eligible needy
person in the same family pursuant to paragraph (2) of subdivision
(a) of Section 11452.
(e) This section shall apply only to a child under the
jurisdiction of a county that has not opted into the Approved
Relative Caregiver Funding Option pursuant to Section 11461.3.
(f) This section shall become operative on January 1, 2017.
SEC. 4. Section 11320.15 of the Welfare and Institutions Code is
amended to read:
11320.15. (a) After a participant has been removed from the
assistance unit under subdivision (a) of Section 11454, additional
welfare-to-work services may be provided to the recipient, at the
option of the county. If the county provides services to the
recipient after the 48-month limit has been reached, the recipient
shall participate in community service or subsidized employment, as
described in Section 11322.63.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 11320.15 is added to the Welfare and Institutions
Code, to read:
11320.15. (a) After a participant has been removed from the
assistance unit under subdivision (a) of Section 11454, additional
welfare-to-work services may be provided to the recipient, at the
option of the county. If the county provides services to the
recipient after the 48-month limit has been reached, the recipient
shall participate in community service or subsidized employment, as
described in Section 11322.64.
(b) This section shall become operative on July 1, 2016.
SEC. 6. Section 11320.32 of the Welfare and Institutions Code is
amended to read:
11320.32. (a) The department shall administer a voluntary
Temporary Assistance Program (TAP) for current and future CalWORKs
recipients who meet the exemption criteria for work participation
activities set forth in Section 11320.3 and are not single parents
who have a child under the age of one year. Temporary Assistance
Program recipients shall be entitled to the same assistance payments
and other benefits as recipients under the CalWORKs program. The
purpose of this program is to provide cash assistance and other
benefits to eligible families without any federal restrictions or
requirements and without any adverse impact on recipients. The
Temporary Assistance Program shall commence no later than October 1,
2016.
(b) CalWORKs recipients who meet the exemption criteria for work
participation activities set forth in subdivision (b) of Section
11320.3, and are not single parents with a child under one year of
age, shall have the option of receiving grant payments, child care,
and transportation services from the Temporary Assistance Program.
The department shall notify all CalWORKs recipients and applicants
meeting the exemption criteria specified in subdivision (b) of
Section 11320.3, except for single parents with a child under the age
of one year, of their option to receive benefits under the Temporary
Assistance Program. Absent written indication that these recipients
or applicants choose not to receive assistance from the Temporary
Assistance Program, the department shall enroll CalWORKs recipients
and applicants into the program. However, exempt volunteers shall
remain in the CalWORKs program unless they affirmatively indicate, in
writing, their interest in enrolling in the Temporary Assistance
Program. A Temporary Assistance Program recipient who no longer meets
the exemption criteria set forth in Section 11320.3 shall be
enrolled in the CalWORKs program.
(c) Funding for grant payments, child care, transportation, and
eligibility determination activities for families receiving benefits
under the Temporary Assistance Program shall be funded with General
Fund resources that do not count toward the state's maintenance of
effort requirements under clause (i) of subparagraph (B) of paragraph
(7) of subdivision (a) of Section 609 of Title 42 of the United
States Code, up to the caseload level equivalent to the amount of
funding provided for this purpose in the annual Budget Act.
(d) It is the intent of the Legislature that recipients shall have
and maintain access to the hardship exemption and the services
necessary to begin and increase participation in welfare-to-work
activities, regardless of their county of origin, and that the number
of recipients exempt under subdivision (b) of Section 11320.3 not
significantly increase due to factors other than changes in caseload
characteristics. All relevant state law applicable to CalWORKs
recipients shall also apply to families funded under this section.
This section does not modify the criteria for exemption in Section
11320.3.
(e) To the extent that this section is inconsistent with federal
regulations regarding implementation of the Deficit Reduction Act of
2005, the department may amend the funding structure for exempt
families to ensure consistency with these regulations, not later than
30 days after providing written notification to the chair of the
Joint Legislative Budget Committee and the chairs of the appropriate
policy and fiscal committees of the Legislature.
(f) This section shall become inoperative on June 30, 2016.
SEC. 7. Section 11322.63 of the Welfare and Institutions Code is
amended to read:
11322.63. (a) For counties that implement a welfare-to-work plan
that includes subsidized private sector or public sector employment
activities, the State Department of Social Services shall pay the
county 50 percent, less one hundred thirteen dollars ($113), of the
total wage costs of an employee for whom a wage subsidy is paid,
subject to all of the following conditions:
(1) (A) For participants receiving CalWORKs aid, the maximum state
contribution of the total wage cost shall not exceed 100 percent of
the computed grant for the assistance unit in the month prior to
participation in subsidized employment.
(B) For participants who have received aid in excess of the time
limits provided in subdivision (a) of Section 11454, the maximum
state contribution of the total wage cost shall not exceed 100
percent of the computed grant for the assistance unit in the month
prior to participation in subsidized employment.
(C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section
11323.25, the maximum state contribution of the total wage cost shall
not exceed 100 percent of the computed grant that the assistance
unit received in the month prior to participation in the subsidized
employment.
(D) The maximum state contribution, as defined in this paragraph,
shall remain in effect until the end of the subsidy period as
specified in paragraph (2), including with respect to subsidized
employment participants whose wage results in the assistance unit no
longer receiving a CalWORKs grant.
(E) State funding provided for total wage costs shall only be used
to fund wage and nonwage costs of the county's subsidized employment
program.
(2) State participation in the total wage costs pursuant to this
section shall be limited to a maximum of six months of wage subsidies
for each participant. If the county finds that a longer subsidy
period is necessary in order to mutually benefit the employer and the
participant, state participation in a subsidized wage may be offered
for up to 12 months.
(3) Eligibility for entry into subsidized employment funded under
this section shall be limited to individuals who are not otherwise
employed at the time of entry into the subsidized job, and who are
current CalWORKs recipients, sanctioned individuals, or individuals
described in Section 11320.15 who have exceeded the time limits
specified in subdivision (a) of Section 11454. A county may continue
to provide subsidized employment funded under this section to
individuals who become ineligible for CalWORKs benefits in accordance
with Section 11323.25.
(b) Upon application for CalWORKs after a participant's subsidized
employment ends, if an assistance unit is otherwise eligible within
three calendar months of the date that subsidized employment ended,
the income exemption requirements contained in Section 11451.5 and
the work requirements contained in subdivision (c) of Section 11201
shall apply. If aid is restored after the expiration of that
three-month period, the income exemption requirements contained in
Section 11450.12 and the work requirements contained in subdivision
(b) of Section 11201 shall apply.
(c) The department, in conjunction with representatives of county
welfare offices and their directors and the Legislative Analyst's
Office, shall assess the cost neutrality of the subsidized employment
program pursuant to this section and make recommendations to the
Legislature, if necessary, to ensure cost neutrality. The department
shall testify regarding the cost neutrality of the subsidized
employment program during the 2012-13 fiscal year legislative budget
hearings.
(d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(e) Payment of the state's share in total wage costs required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2.
(f) (1) A county that accepts additional funding for expanded
subsidized employment for CalWORKs recipients in accordance with
Section 11322.64 shall continue to expend no less than the aggregate
amount of funding received by the county pursuant to Section 15204.2
that the county expended on subsidized employment pursuant to this
section in the 2012-13 fiscal year.
(2) This subdivision shall not apply for any fiscal year in which
the total CalWORKs caseload is projected by the department to
increase more than 5 percent of the total actual CalWORKs caseload in
the 2012-13 fiscal year.
(g) For purposes of this section, "total wage costs" include the
actual wage paid directly to the participant that is allowable under
the Temporary Assistance for Needy Families program.
(h) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 11322.64 of the Welfare and Institutions Code is
amended to read:
11322.64. (a) (1) The department, in consultation with the County
Welfare Directors Association of California, shall develop an
allocation methodology to distribute additional funding for expanded
subsidized employment programs for CalWORKs recipients.
(2) Funds allocated pursuant to this section may be utilized to
cover all expenditures related to the operational costs of the
expanded subsidized employment program, including the cost of
overseeing the program, developing work sites, and providing training
to participants, as well as wage and nonwage costs.
(3) The department, in consultation with the County Welfare
Directors Association of California, shall determine the amount or
proportion of funding allocated pursuant to this section that may be
utilized for operational costs, consistent with the number of
employment slots anticipated to be created and the funding provided.
(b) Funds allocated for expanded subsidized employment shall be in
addition to, and independent of, the county allocations made
pursuant to Section 15204.2 and shall not be used by a county to fund
subsidized employment pursuant to Section 11322.63.
(c) Each county shall submit to the department a plan regarding
how it intends to utilize the funds allocated pursuant to this
section.
(d) (1) Participation in subsidized employment pursuant to this
section shall be limited to a maximum of six months for each
participant.
(2) Notwithstanding paragraph (1), a county may extend
participation beyond the six-month limitation described in paragraph
(1) for up to an additional three months at a time, to a maximum of
no more than 12 total months. Extensions may be granted pursuant to
this paragraph if the county determines that the additional time will
increase the likelihood of either of the following:
(A) The participant obtaining unsubsidized employment with the
participating employer.
(B) The participant obtaining specific skills and experiences
relevant for unsubsidized employment in a particular field.
(e) A county may continue to provide subsidized employment funded
under this section to individuals who become ineligible for CalWORKs
benefits in accordance with Section 11323.25.
(f) Upon application for CalWORKs assistance after a participant's
subsidized employment ends, if an assistance unit is otherwise
eligible within three calendar months of the date that subsidized
employment ended, the income exemption requirements contained in
Section 11451.5 and the work requirements contained in subdivision
(c) of Section 11201 shall apply. If aid is restored after the
expiration of that three-month period, the income exemption
requirements contained in Section 11450.12 and the work requirements
contained in subdivision (b) of Section 11201 shall apply.
(g) No later than April 1, 2015, the State Department of Social
Services shall submit at least the following information regarding
implementation of this section to the Legislature:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(h) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 9. Section 11322.64 is added to the Welfare and Institutions
Code, to read:
11322.64. (a) (1) The department, in consultation with the County
Welfare Directors Association of California, shall develop an
allocation methodology to distribute additional funding for expanded
subsidized employment programs for CalWORKs recipients, or
individuals described in Section 11320.15 who have exceeded the time
limits specified in subdivision (a) of Section 11454.
(2) Funds allocated pursuant to this section may be utilized to
cover all expenditures related to the operational costs of the
expanded subsidized employment program, including the cost of
overseeing the program, developing work sites, and providing training
to participants, as well as wage and nonwage costs.
(3) The department, in consultation with the County Welfare
Directors Association of California, shall determine the amount or
proportion of funding allocated pursuant to this section that may be
utilized for operational costs, consistent with the number of
employment slots anticipated to be created and the funding provided.
(b) Funds allocated for expanded subsidized employment shall be in
addition to, and independent of, the county allocations made
pursuant to Section 15204.2.
(c) (1) A county that accepts additional funding for expanded
subsidized employment in accordance with this section shall continue
to expend no less than the aggregate amount of funding received by
the county pursuant to Section 15204.2 that the county expended on
subsidized employment in the 2012-13 fiscal year pursuant to Section
11322.63, as that section read on June 30, 2016.
(2) This subdivision shall not apply for any fiscal year in which
the total CalWORKs caseload is projected by the department to
increase by more than 5 percent of the total actual CalWORKs caseload
in the 2012-13 fiscal year.
(d) Each county shall submit to the department a plan regarding
how it intends to utilize the funds allocated pursuant to this
section.
(e) (1) Participation in subsidized employment pursuant to this
section shall be limited to a maximum of six months for each
participant.
(2) Notwithstanding paragraph (1), a county may extend
participation beyond the six-month limitation described in paragraph
(1) for up to an additional three months at a time, to a maximum of
no more than 12 total months. Extensions may be granted pursuant to
this paragraph if the county determines that the additional time will
increase the likelihood of either of the following:
(A) The participant obtaining unsubsidized employment with the
participating employer.
(B) The participant obtaining specific skills and experiences
relevant for unsubsidized employment in a particular field.
(f) A county may continue to provide subsidized employment funded
under this section to individuals who become ineligible for CalWORKs
benefits in accordance with Section 11323.25.
(g) Upon application for CalWORKs assistance after a participant's
subsidized employment ends, if an assistance unit is otherwise
eligible within three calendar months of the date that subsidized
employment ended, the income exemption requirements contained in
Section 11451.5 and the work requirements contained in subdivision
(c) of Section 11201 shall apply. If aid is restored after the
expiration of that three-month period, the income exemption
requirements contained in Section 11450.12 and the work requirements
contained in subdivision (b) of Section 11201 shall apply.
(h) No later than April 1, 2015, the State Department of Social
Services shall submit at least the following information regarding
implementation of this section to the Legislature:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(i) This section shall become operative on July 1, 2016.
SEC. 10. Section 11322.83 is added to the Welfare and Institutions
Code, immediately following Section 11322.8, to read:
11322.83. (a) A recipient who is making satisfactory progress in
a career pathway program established in accordance with the federal
Workforce Innovation and Opportunity Act (Public Law 113-128) shall
be deemed to be in compliance with the hourly participation
requirements described in subdivision (a) of Section 11322.8.
(b) Subdivision (a) applies only if a local workforce development
board established under Section 3122 of Title 29 of the United States
Code provides its approval that the career pathway program meets the
requirements of Section 3102(7) of Title 29 of the United States
Code and the county verifies that the recipient is making
satisfactory progress in that program.
SEC. 11. Section 11323.25 of the Welfare and Institutions Code is
amended to read:
11323.25. (a) In addition to its authority under subdivision (b)
of Section 11323.2, if provided in a county plan, the county may
continue to provide welfare-to-work services to former participants
who became ineligible for CalWORKs benefits because they became
employed under Section 11322.63 or 11322.64. The county may provide
these services for up to the first 12 months of employment, to the
extent they are not available from other sources and are needed for
the individual to retain the subsidized employment.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 12. Section 11323.25 is added to the Welfare and Institutions
Code, to read:
11323.25. (a) In addition to its authority under subdivision (b)
of Section 11323.2, if provided in a county plan, the county may
continue to provide welfare-to-work services to former participants
who became ineligible for CalWORKs benefits because they became
employed under Section 11322.64. The county may provide these
services for up to the first 12 months of employment, to the extent
they are not available from other sources and are needed for the
individual to retain the subsidized employment.
(b) This section shall become operative on July 1, 2016.
SEC. 13. Section 11402 of the Welfare and Institutions Code, as
amended by Section 65 of Chapter 773 of the Statutes of 2015, is
amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) Prior to January 1, 2019, the approved home of a relative,
provided the child or youth is otherwise eligible for federal
financial participation in the AFDC-FC payment.
(b) (1) Prior to January 1, 2019, the licensed family home of a
nonrelative.
(2) Prior to January 1, 2019, the approved home of a nonrelative
extended family member as described in Section 362.7.
(c) The approved home of a resource family, as defined in Section
16519.5, if either of the following is true:
(1) The caregiver is a nonrelative.
(2) The caregiver is a relative, and the child or youth is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child or youth and that the facility
offers those treatment services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child or
youth who is otherwise eligible for AFDC-FC has been dismissed due to
the child or youth attaining 18 years of age.
(f) An exclusive-use home.
(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a child or youth in an out-of-state group
home, documents that the requirements of Section 7911.1 of the Family
Code have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 14. Section 11402 of the Welfare and Institutions Code, as
added by Section 66 of Chapter 773 of the Statutes of 2015, is
amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) Prior to January 1, 2019, the approved home of a relative,
provided the child or youth is otherwise eligible for federal
financial participation in the AFDC-FC payment.
(b) (1) Prior to January 1, 2019, the home of a nonrelated legal
guardian or the home of a former nonrelated legal guardian when the
guardianship of a child or youth who is otherwise eligible for
AFDC-FC has been dismissed due to the child or youth attaining 18
years of age.
(2) Prior to January 1, 2019, the approved home of a nonrelative
extended family member, as described in Section 362.7.
(c) (1) Prior to January 1, 2019, the licensed family home of a
nonrelative.
(2) The approved home of a resource family, as defined in Section
16519.5, if either of the following is true:
(A) The caregiver is a nonrelative.
(B) The caregiver is a relative, and the child or youth is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(d) (1) A housing model certified by a licensed transitional
housing placement provider, as described in Section 1559.110 of the
Health and Safety Code, and as defined in subdivision (r) of Section
11400.
(2) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(e) A licensed foster family agency, as defined in subdivision (g)
of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, for placement into a certified or
approved home.
(f) A short-term residential treatment center licensed as a
community care facility, as defined in subdivision (ad) of Section
11400 and paragraph (18) of subdivision (a) of Section 1502 of the
Health and Safety Code.
(g) An out-of-state group home that meets the requirements of
paragraph (2) of subdivision (c) of Section 11460, provided that the
placement worker, in addition to complying with all other statutory
requirements for placing a child or youth in an out-of-state group
home, documents that the requirements of Section 7911.1 of the Family
Code have been met.
(h) A community treatment facility set forth in Article 5
(commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i) This section shall become operative on January 1, 2017.
SEC. 15. Section 11450 of the Welfare and Institutions Code is
amended to read:
11450. (a) (1) (A) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), and (f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance of
needy children in this state above or below the amount paid on July
1, 1972, the amounts specified in the above table shall be increased
or decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the child and her child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman for the month in which the birth is
anticipated and for the six-month period immediately prior to the
month in which the birth is anticipated, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman and child, if born, would have qualified for aid under this
chapter. Verification of pregnancy shall be required as a condition
of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant women qualified for aid under subdivision (a) or (b)
to meet special needs resulting from pregnancy if the woman and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants, and
Children program. If that payment to pregnant women qualified for aid
under subdivision (a) is considered income under federal law in the
first five months of pregnancy, payments under this subdivision shall
not apply to persons eligible under subdivision (a), except for the
month in which birth is anticipated and for the three-month period
immediately prior to the month in which delivery is anticipated, if
the woman and child, if born, would have qualified for aid under this
chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month that, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special needs
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or that is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
(B) A family is considered homeless, for the purpose of this
section, when the family lacks a fixed and regular nighttime
residence; or the family has a primary nighttime residence that is a
supervised publicly or privately operated shelter designed to provide
temporary living accommodations; or the family is residing in a
public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family has
received a notice to pay rent or quit. The family shall demonstrate
that the eviction is the result of a verified financial hardship as a
result of extraordinary circumstances beyond their control, and not
other lease or rental violations, and that the family is experiencing
a financial crisis that could result in homelessness if preventative
assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five
dollars ($65) a day shall be available to families of up to four
members for the costs of temporary shelter, subject to the
requirements of this paragraph. The fifth and additional members of
the family shall each receive fifteen dollars ($15) per day, up to a
daily maximum of one hundred twenty-five dollars ($125). County
welfare departments may increase the daily amount available for
temporary shelter as necessary to secure the additional bedspace
needed by the family.
(ii) This special needs benefit shall be granted or denied
immediately upon the family's application for homeless assistance,
and benefits shall be available for up to three working days. The
county welfare department shall verify the family's homelessness
within the first three working days and if the family meets the
criteria of questionable homelessness established by the department,
the county welfare department shall refer the family to its early
fraud prevention and detection unit, if the county has such a unit,
for assistance in the verification of homelessness within this
period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form, good cause, or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing
assistance is available to pay for last month's rent and security
deposits when these payments are reasonable conditions of securing a
residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
(ii) The last month's rent or monthly arrearage portion of the
payment (I) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs benefit for a family of that size and (II) shall only be made
to families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs benefit for a family of
that size.
(iii) However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in subclause (II) of
clause (ii).
(C) The nonrecurring special needs benefit for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report necessary data to
the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all
other entities participating in the costs of the CalWORKs program,
have the right in their share to any refunds resulting from payment
of the permanent housing. However, if an emergency requires the
family to move within the 12-month period specified in subparagraph
(E), the family shall be allowed to use any refunds received from its
deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special needs
benefit for homeless assistance may be increased if authorized by the
current year's Budget Act by specifying a different daily allowance
and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) (A) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision (a).
(B) The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of 2011
no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph
(1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
( l ) This section shall become operative on July 1,
2015.
(m) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 16. Section 11450 is added to the Welfare and Institutions
Code, to read:
11450. (a) (1) (A) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), and (f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance of
needy children in this state above or below the amount paid on July
1, 1972, the amounts specified in the above table shall be increased
or decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the child and her child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman for the month in which the birth is
anticipated and for the six-month period immediately prior to the
month in which the birth is anticipated, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman and child, if born, would have qualified for aid under this
chapter. Verification of pregnancy shall be required as a condition
of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant women qualified for aid under subdivision (a) or (b)
to meet special needs resulting from pregnancy if the woman and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants, and
Children program. If that payment to pregnant women qualified for aid
under subdivision (a) is considered income under federal law in the
first five months of pregnancy, payments under this subdivision shall
not apply to persons eligible under subdivision (a), except for the
month in which birth is anticipated and for the three-month period
immediately prior to the month in which delivery is anticipated, if
the woman and child, if born, would have qualified for aid under this
chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month that, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special needs
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or that is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
(B) A family is considered homeless, for the purpose of this
section, when the family lacks a fixed and regular nighttime
residence; or the family has a primary nighttime residence that is a
supervised publicly or privately operated shelter designed to provide
temporary living accommodations; or the family is residing in a
public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family has
received a notice to pay rent or quit. The family shall demonstrate
that the eviction is the result of a verified financial hardship as a
result of extraordinary circumstances beyond their control, and not
other lease or rental violations, and that the family is experiencing
a financial crisis that could result in homelessness if preventative
assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five
dollars ($65) a day shall be available to families of up to four
members for the costs of temporary shelter, subject to the
requirements of this paragraph. The fifth and additional members of
the family shall each receive fifteen dollars ($15) per day, up to a
daily maximum of one hundred twenty-five dollars ($125). County
welfare departments may increase the daily amount available for
temporary shelter as necessary to secure the additional bedspace
needed by the family.
(ii) This special needs benefit shall be granted or denied
immediately upon the family's application for homeless assistance,
and benefits shall be available for up to three working days. The
county welfare department shall verify the family's homelessness
within the first three working days and if the family meets the
criteria of questionable homelessness established by the department,
the county welfare department shall refer the family to its early
fraud prevention and detection unit, if the county has such a unit,
for assistance in the verification of homelessness within this
period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form, good cause, or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing
assistance is available to pay for last month's rent and security
deposits when these payments are reasonable conditions of securing a
residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
(ii) The last month's rent or monthly arrearage portion of the
payment (I) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs benefit for a family of that size and (II) shall only be made
to families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs benefit for a family of
that size.
(iii) However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in subclause (II) of
clause (ii).
(C) The nonrecurring special needs benefit for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance every 12 months. A person who
applies for homeless assistance benefits shall be informed that the
temporary shelter benefit of up to 16 consecutive days is available
only once every 12 months, with certain exceptions, and that a break
in the consecutive use of the benefit constitutes exhaustion of the
temporary benefit for that 12-month period.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report necessary data to
the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special needs
benefit for homeless assistance may be increased if authorized by the
current year's Budget Act by specifying a different daily allowance
and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) (A) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision (a).
(B) The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of 2011
no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph
(1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
( l ) This section shall become operative on January 1,
2017.
SEC. 17. 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.
(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. 18. Section 11450.04 of the Welfare and Institutions Code is
amended to read:
11450.04. (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
(b) This section shall not apply with respect to any of the
following children:
(1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
(2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
(3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
(c) This section shall not apply to any child born on or before
November 1, 1995.
(d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
(2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
(3) This section shall not apply to any child who is no longer
living in the same home with either parent.
(e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such child support payment shall not be
considered as income to the family for the purpose of calculating the
amount of aid for which the family is eligible under this article.
(f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
(g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
(2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
(h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 19. Section 11461.3 of the Welfare and Institutions Code is
amended to read:
11461.3. (a) The Approved Relative Caregiver Funding Option
Program is hereby established for the purpose of making the amount
paid to approved relative caregivers for the in-home care of children
placed with them who are ineligible for AFDC-FC payments equal to
the amount paid on behalf of children who are eligible for AFDC-FC
payments. This is an optional program for counties choosing to
participate, and in so doing, participating counties agree to the
terms of this section as a condition of their participation. It is
the intent of the Legislature that the funding described in paragraph
(1) of subdivision (g) for the Approved Relative Caregiver Funding
Option Program be appropriated, and available for use from January
through December of each year, unless otherwise specified.
(b) Subject to subdivision (e), effective January 1, 2015,
participating counties shall pay an approved relative caregiver a per
child per month rate in return for the care and supervision, as
defined in subdivision (b) of Section 11460, of a child that is
placed with the relative caregiver that is equal to the basic rate
paid to foster care providers pursuant to subdivision (g) of Section
11461, if both of the following conditions are met:
(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.
(2) The related child placed in the home meets all of the
following requirements:
(A) The child resides in California.
(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of the
child.
(C) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(c) Any income or benefits received by an eligible child or the
approved relative caregiver on behalf of the eligible child that
would be offset against the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461, shall be offset from
any funds that are not CalWORKs funds paid to the approved relative
caregiver pursuant to this section.
(d) Participating counties shall recoup an overpayment in the
Approved Relative Caregiver Funding Option Program received by an
approved relative caregiver using the standards and processes for
overpayment recoupment that are applicable to overpayments to an
approved home of a relative, as specified in Section 11466.24.
Recouped overpayments shall not be subject to remittance to the
federal government. Any overpaid funds that are collected by the
participating counties shall be remitted to the state after
subtracting both of the following:
(1) An amount not to exceed the county share of the CalWORKs
portion of the Approved Relative Caregiver Funding Option Program
payment, if any.
(2) Any other county funds that were included in the Approved
Relative Caregiver Funding Option Program payment.
(e) A county's election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate that
the county understands and agrees to all of the following conditions:
(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make timely
notification, without good cause as determined by the department,
shall preclude the county from participating in the program for the
upcoming calendar year. Annually thereafter, any county not already
participating who elects to do so shall notify the department in
writing no later than October 1 of its decision to participate for
the upcoming calendar year.
(2) The county shall confirm that it will make per child per month
payments to all approved relative caregivers on behalf of eligible
children in the amount specified in subdivision (b) for the duration
of the participation of the county in this program.
(3) The county shall confirm that it will be solely responsible to
pay any additional costs needed to make all payments pursuant to
subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant to
paragraph (1) of subdivision(g) are insufficient to make all eligible
payments.
(f) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days'
prior written notice of that decision to the department.
Additionally, the county shall provide at least 90 days' prior
written notice to the approved relative caregiver or caregivers
informing them that his or her per child per month payment will be
reduced and the date that the reduction will occur.
(2) The department shall presume that all counties have opted out
of the Approved Relative Caregiver Funding Option Program if the
funding appropriated for the current 12-month period is reduced below
the amount specified in subparagraph (B), subparagraph (C), or
subparagraph (D) of paragraph(2) of subdivision (g) for that 12-month
period, unless a county notifies the department in writing of its
intent to opt in within 60 days of enactment of the State Budget. The
counties shall provide at least 90 days' prior written notice to the
approved relative caregiver or caregivers informing them that his or
her per child per month payment will be reduced, and the date that
reduction will occur.
(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from a
decision by a county, including the presumed opt-out pursuant to
paragraph (2), to not participate in the Approved Relative Caregiver
Funding Option Program shall be exempt from state hearing
jurisdiction under Section 10950.
(g) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:
(A) The applicable regional per-child CalWORKs grant, in
accordance with subdivision (a) of Section 11253.4.
(B) General Fund resources, as appropriated in paragraph (2).
(C) County funds only to the extent required under paragraph (3)
of subdivision (e).
(D) Funding described in subparagraphs (A) and (B) is intended to
fully fund the base caseload of approved relative caregivers, which
is defined as the number of approved relative caregivers caring for a
child who is not eligible to receive AFDC-FC payments, as of July 1,
2014.
(2) The following amount is hereby appropriated from the General
Fund as follows:
(A) The sum of fifteen million dollars ($15,000,000), for the
period of January 1, 2015, to June 30, 2015, inclusive.
(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
there shall be appropriated an amount equal to the sum of all of the
following:
(i) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(C) For every 12-month period thereafter, commencing with the
period of July 1, 2016, to June 30, 2017, inclusive, the sum of all
of the following shall be appropriated for purposes of this section:
(i) The total General Fund amount provided pursuant to this
paragraph for the previous 12-month period.
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B) and
clauses (ii) and (iii) of subparagraph (C), the total General Fund
appropriation made pursuant to subparagraph (B) shall not be less
than the greater of the following amounts:
(i) Thirty million dollars ($30,000,000).
(ii) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(3) To the extent that the appropriation made by subparagraph (A)
of paragraph (2) is insufficient to fully fund the base caseload of
approved relative caregivers as of July 1, 2014, as described in
subparagraph (D) of paragraph (1), for the period of January 1, 2015,
to June 30, 2015, inclusive, as jointly determined by the department
and the County Welfare Directors' Association and approved by the
Department of Finance on or before October 1, 2015, the amount
specified in subparagraph (A) of paragraph (2) shall be increased by
the amount necessary to fully fund that base caseload.
(4) Funds available pursuant to paragraph (2) shall be allocated
to participating counties proportionate to the number of their
approved relative caregiver placements, using a methodology and
timing developed by the department, following consultation with
county human services agencies and their representatives.
(5) Notwithstanding subdivision (e), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by participating counties, a participating
county that has paid any funds pursuant to subparagraph (C) of
paragraph (1) of subdivision (g) may request reimbursement for those
funds from the department. The authority of the department to approve
the requests shall be limited by the amount of available unallocated
funds.
(h) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.
(i) To the extent permitted by federal law, payments received by
the approved relative caregiver from the Approved Relative Caregiver
Funding Option Program shall not be considered income for the purpose
of determining other public benefits.
(j) Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section 11477.04.
If the applicant or recipient claims good cause exception at any
subsequent time to the county human services agency or the local
child support agency, the local child support agency shall suspend
child support services until the county social services agency
determines the good cause claim, as set forth in Section 11477.04. If
good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take other measures that are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for the time the failure
to cooperate lasts.
(k) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is in
the best interest of the child, taking into account both of the
following:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
( l ) Effective January 1, 2017, if a relative has been
approved as a resource family pursuant to Section 16519.5, the
approved relative shall be paid an amount equal to the resource
family basic rate at the child's assessed level of care as set forth
in subdivision (g) of Section 11461 and Section 11463.
SEC. 20. Section 11461.4 is added to the Welfare and Institutions
Code, to read:
11461.4. (a) Notwithstanding any other law, a tribe that has
entered into an agreement pursuant to Section 10553.1 may, subject to
the provisions of this section, elect to participate in the Tribal
Approved Relative Caregiver Funding Option Program.
(b) (1) In return for the care and supervision of a child placed
with an approved relative caregiver, a participating tribe shall pay
the approved relative caregiver a per child per month rate that, when
added to the tribal Temporary Aid to Needy Families (tribal TANF)
benefit received by the approved relative caregiver on behalf of the
child, shall equal the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461.
(2) Payments made pursuant to paragraph (1) shall be made only if
all of the following conditions exist:
(A) The tribe has notified the department in writing of its
decision to participate in the program, consistent with subdivision
(c).
(B) The child has been removed from the parent or guardian and has
been placed into the placement and care responsibility of the tribal
child welfare agency pursuant to a voluntary placement agreement or
by the tribal court, consistent with the tribe's Title IV-E
agreement.
(C) The child resides within California.
(D) The caregiver is receiving tribal TANF payments, or an
application for tribal TANF has been made, on behalf of the child.
(E) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(3) Any income or benefits received by an eligible child, or by
the approved relative caregiver on behalf of an eligible child, which
would be offset against a payment made to a foster care provider,
shall be offset from the amount paid by the tribe under the program.
This paragraph shall not apply to any tribal TANF payments received
on behalf of an eligible child.
(4) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
CalWORKs payments on behalf of the same child under Section 11450.
(5) To the extent permitted by federal law, payments received by
the approved relative caregiver from the program shall not be
considered income for the purpose of determining other public
benefits.
(c) (1) (A) A tribe electing to participate in the program in the
2016-17 fiscal year shall notify the department on or before October
1, 2016, that it intends to begin participation. Failure to make
timely notification, without good cause as determined by the
department, shall preclude the tribe from participating in the
program for the 2016-17 fiscal year.
(B) In any fiscal year after the 2016-17 fiscal year, a tribe
electing to participate in the program shall notify the department on
or before January 1 that it intends to begin participation on or
after the following July 1. Failure to make timely notification,
without good cause as determined by the department, shall preclude
the tribe from participating in the program for the upcoming fiscal
year.
(2) As a condition of opting into the program, the tribe shall do
all of the following:
(A) Provide to the department the tribal TANF maximum aid payment
(MAP) rate in effect at the time that the tribe elects to participate
in the program, consistent with the tribe's approved tribal TANF
plan.
(B) Provide data necessary, as determined by the department in
consultation with the tribe, to determine the base caseload for the
tribe as of July 1, 2016, consistent with subdivision (d).
(C) Agree to recoup overpayments to an approved relative caregiver
utilizing the standards for determining whether an overpayment is
recoupable, and the processes for overpayment recoupment, that are
applicable to overpayments as described in the tribe's Title IV-E
agreement entered into pursuant to Section 10553.1.
(D) Agree that the tribe shall be solely responsible for any
additional costs incurred in making payments under this section in
the event that the funds allocated to a tribe from the appropriation
made by the Legislature for the tribe's participation in the program
are not sufficient to fully fund all payments specified in paragraph
(1) of subdivision (b).
(E) Agree to make child support referrals for program cases,
consistent with processes applied by the tribe to Title IV-E program
cases.
(3) The participating tribe shall provide the information
specified in subparagraphs (A) and (B) of paragraph (2) at least 60
days prior to the date the tribe will begin participating in the
program.
(d) (1) In consultation with the participating tribe, the
department shall determine the initial base caseload of the
participating tribe, using the most recent available data provided by
the tribe.
(2) The department shall determine the amount necessary to fund
the base caseload of the participating tribe. The allocation
methodology shall consider the tribal TANF rate of the participating
tribe in effect on July 1, 2016.
(e) (1) A tribe electing to opt out of the program shall provide
at least 120 days' prior written notice of that election to the
department and at least 90 days' prior written notice to all approved
relative caregivers to whom the tribe is making payments under the
program. The notice to caregivers shall specify the date on which the
per child per month payment will be reduced and the date the tribe's
participation in the program will cease.
(2) If the Legislature, for any given fiscal year, appropriates an
amount less than that specified in paragraph (2) of subdivision (f),
the department shall presume that all participating tribes have
opted out of the program for that fiscal year unless a tribe notifies
the department in writing of its intent to opt in within 60 days of
the enactment of the annual Budget Act. A tribe that does not elect
to continue participating in the program shall provide the notice to
caregivers specified in paragraph (1).
(3) A tribe that has opted out of the program for any reason may
resume participating in the program on July 1 of any year, upon
providing the department with written notice on or before the
preceding March 1 of its intent to resume participation.
(f) (1) (A) The following funding shall be used for the program:
(i) The tribe's applicable per-child tribal TANF grant at the MAP
rate in effect on July 1, 2016.
(ii) General Fund resources, as specified in paragraph (2).
(iii) Tribal funds only to the extent required under subparagraph
(D) of paragraph (2) of subdivision (c).
(B) Funding described in clauses (i) and (ii) of subparagraph (A)
is intended to fully fund the base caseload of approved relative
caregivers, which is defined as the number of approved relative
caregivers caring for a child who is not eligible to receive AFDC-FC
payments as of July 1, 2016.
(2) The following amounts are hereby appropriated from the General
Fund:
(A) For the 2016-17 fiscal year, the sum sufficient to fund the
initial base caseload, as determined in subdivision (d), for tribes
eligible for participation as of July 1, 2016.
(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
the sum of the following:
(i) The total General Fund amount appropriated for the purposes of
this section for the previous fiscal year.
(ii) The additional amount necessary to fully fund the base
caseload described in subparagraph (B) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers pursuant to subdivision (g) of Section
11461.
(3) Funds specified in paragraph (2) shall be allocated to
participating tribes proportionate to their number of approved
relative caregiver placements, using a methodology and timing
developed by the department, following consultation with
participating tribes.
(4) Notwithstanding subdivision (c), if in any fiscal year the
entire amount of funding appropriated by the Legislature for the
program has not been fully allocated to, or utilized by,
participating tribes, a participating tribe that has paid any funds
pursuant to subparagraph (D) of paragraph (2) of subdivision (c) may
request reimbursement for those funds from the department. The
authority of the department to approve the requests shall be limited
by the amount of available unallocated funds.
(g) If more than two eligible tribes elect to participate in the
program and, as a result, the appropriation made pursuant to
subdivision (f) is insufficient to fully fund the base caseload of
approved relative caregivers, as jointly determined by the department
and the participating tribes and approved by the Department of
Finance, the amount specified in subdivision (f) shall be increased
by the amount necessary to fully fund that base caseload.
(h) For the purposes of this section, the following definitions
apply:
(1) "Basic foster care rate" means the monthly rate paid to foster
care providers pursuant to subdivision (g) of Section 11461.
(2) "Program" means the Tribal Approved Relative Caregiver Funding
Option Program established in this section.
(3) "Relative" means an adult who
is related to the child by blood, adoption, or affinity within the
fifth degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of these persons even
if the marriage was terminated by death or dissolution, or as
otherwise established consistent with the tribe's Title IV-E
agreement.
(4) "Tribe" means a federally-recognized Indian tribe, consortium
of tribes, or tribal organization with an agreement pursuant to
Section 10553.1.
SEC. 21. Section 11465 of the Welfare and Institutions Code is
amended to read:
11465. (a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf
of the parent shall include an amount for care and supervision of the
child.
(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be adjusted by an amount equal to the California Necessities
Index computed pursuant to Section 11453, rounded to the nearest
dollar. The resultant amounts shall constitute the new uniform rate,
subject to further adjustment pursuant to subparagraph (B).
(B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
(4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.
(5) Commencing July 1, 2016, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
supplemented by an additional monthly amount of four hundred
eighty-nine dollars ($489). This monthly supplement shall only be
provided if funding for this purpose is appropriated in the annual
Budget Act.
(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of a
child who is living with a teen parent in a whole family foster home,
as defined in Section 11400, shall equal the basic rate for children
placed in a licensed or approved home as specified in subdivisions
(a) to (d), inclusive, and subdivision (g), of Section 11461.
(2) (A) The amount paid for care and supervision of a dependent
infant living with a dependent teen parent receiving AFDC-FC benefits
in a group home placement shall equal the infant supplement rate for
group home placements.
(B) Commencing January 1, 2017, the amount paid for care and
supervision of a dependent infant living with a dependent teenage
parent receiving AFDC-FC benefits in a short-term residential
treatment center shall equal the infant supplement rate for
short-term residential treatment centers established by the
department.
(3) (A) The caregiver shall provide the county child welfare
agency or probation department with a copy of the shared
responsibility plan developed pursuant to Section 16501.25 and shall
advise the county child welfare agency or probation department of any
subsequent changes to the plan. Once the plan has been completed and
provided to the appropriate agencies, the payment made pursuant to
this section shall be increased by an additional two hundred dollars
($200) per month to reflect the increased care and supervision while
he or she is placed in the whole family foster home.
(B) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, who develops a written parenting support plan pursuant
to Section 16501.26 shall provide the county child welfare agency or
probation department with a copy of the plan and shall advise the
county child welfare agency or probation department of any subsequent
changes to the plan. The payment made pursuant to this section shall
be increased by an additional two hundred dollars ($200) per month
after all of the following have been satisfied:
(i) The plan has been completed and provided to the appropriate
county agency.
(ii) The plan has been approved by the appropriate county agency.
(iii) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.
(4) In a year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.
(5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home shall
receive the same payment amounts for the care and supervision of a
child who is living with a teen parent they received in foster care
as a whole family foster home.
(6) On and after January 1, 2012, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403.
SEC. 22. Section 12201.06 is added to the Welfare and Institutions
Code, immediately following Section 12201.05, to read:
12201.06. Commencing January 1, 2017, the amount of aid paid
pursuant to this article, in effect on December 31, 2016, less the
federal benefit portion received under Part A of Title XVI of the
federal Social Security Act, shall be increased by 2.76 percent.
SEC. 23. Section 12301.02 of the Welfare and Institutions Code is
amended to read:
12301.02. (a) (1) Notwithstanding any other law, except as
provided in subdivisions (c) and (e), the department shall implement
a 7-percent reduction in hours of service to each recipient of
services under this article, which shall be applied to the recipient'
s hours as authorized pursuant to the most recent assessment. This
reduction shall become effective 12 months after the implementation
of the reduction set forth in Section 12301.01. The reduction
required by this section shall not preclude any reassessment to which
a recipient would otherwise be entitled. However, hours authorized
pursuant to a reassessment shall be subject to the 7-percent
reduction required by this section.
(2) A request for reassessment based only on the reduction
required in paragraph (1) may be administratively denied by the
county.
(3) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
(4) For those individuals who have a documented unmet need,
excluding protective supervision because of the limitations on
authorized hours under Section 12303.4, the reduction shall be taken
first from the documented unmet need.
(b) The notice of action informing the recipient of the reduction
pursuant to subdivision (a) shall be mailed at least 20 days prior to
the reduction going into effect. The notice of action shall be
understandable to the recipient and translated into all languages
spoken by a substantial number of the public served by the In-Home
Supportive Services program, in accordance with Section 7295.2 of the
Government Code. The notice shall not contain any recipient
financial or confidential identifying information other than the
recipient's name, address, and Case Management Information and
Payroll System (CMIPS) client identification number, and shall
include, but not be limited to, all of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to subdivision (a) and the aggregate number of authorized
hours after the reduction.
(2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
(3) A county shall assess a recipient's need for supportive
services any time that the recipient notifies the county of a need to
adjust the supportive services hours authorized, or when there are
other indications or expectations of a change in circumstances
affecting the recipient's need for supportive services. Counties
shall not require recipients to submit a medical certification form
or a doctor's note to show evidence of a change in the recipient's
circumstances.
(c) A recipient shall have all appeal rights otherwise provided
for under Chapter 7 (commencing with Section 10950) of Part 2.
(d) The reduction specified in paragraph (1) of subdivision (a)
shall be ongoing and may be adjusted pursuant to Section 12301.03.
(e) (1) The reduction specified in paragraph (1) of subdivision
(a) shall be suspended until July 1, 2019, if the managed care
organization provider tax imposed pursuant to Article 6.7 (commencing
with Section 14199.50) of Chapter 7 remains operative.
(2) Notwithstanding paragraph (1), if the managed care
organization provider tax imposed pursuant to Article 6.7 (commencing
with Section 14199.50) of Chapter 7 ceases to be operative for any
reason, the reduction specified in paragraph (1) of subdivision (a)
shall be reinstated effective no later than the first day of the
first full month occurring 90 days after the date on which the
managed care organization provider tax ceases to be operative.
(3) Notwithstanding 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 this subdivision
through an all-county letter or similar instructions from the
director until January 1, 2020.
SEC. 24. Section 15200 of the Welfare and Institutions Code is
amended to read:
15200. There is hereby appropriated out of any money in the State
Treasury not otherwise appropriated the following sums:
(a) To each county for the support and maintenance of needy
children, the sums specified in subdivisions (a), (e), and (f) of
Section 11450, after subtracting all the following amounts:
(1) (A) Except as described in subparagraph (B), a 2.5-percent
county share of cost.
(B) If Section 1613 of Title 8 of the United States Code applies,
a 5-percent county share of cost.
(C) The county share described in this paragraph shall not apply
to increases in maximum aid payments made in accordance with Section
11450.025.
(2) Federal funds utilized for this purpose.
(3) The amount allocated to each county from the Family Support
Subaccount pursuant to Section 17601.75.
(4) The amount allocated to each county from the Child Poverty and
Family Supplemental Support Subaccount pursuant to Section 17601.50.
(5) The amount allocated to each county from the CalWORKs
Maintenance of Effort Subaccount pursuant to Section 17601.25.
(b) To each county for the support and maintenance of pregnant
mothers, the sums specified in subdivisions (b) and (c) of Section
11450 after subtracting all of the following amounts:
(1) (A) Except as described in subparagraph (B), a 2.5-percent
county share of cost.
(B) If Section 1613 of Title 8 of the United States Code applies,
a 5-percent county share of cost.
(C) The county share described in this paragraph shall not apply
to increases in maximum aid payments made in accordance with Section
11450.025.
(2) Federal funds utilized for this purpose.
(3) The amount allocated to each county from the Family Support
Subaccount pursuant to Section 17601.75.
(4) The amount allocated to each county from the Child Poverty and
Family Supplemental Support Subaccount pursuant to Section 17601.50.
(5) The amount allocated to each county from the CalWORKs
Maintenance of Effort Subaccount pursuant to Section 17601.25.
(c) After deducting federal funds available for the adequate care
of each child pursuant to subdivision (d) of Section 11450, as
follows:
(1) Prior to the 2011-12 fiscal year, an amount equal to 40
percent of the sum necessary for the adequate care of each child.
(2) Notwithstanding paragraph (1), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this subdivision shall be in
accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
(d) (1) Prior to the 2011-12 fiscal year for each county for the
support and care of hard-to-place adoptive children, and after
deducting federal funds available, 75 percent of the nonfederal share
of the amount specified in Section 16121.
(2) Notwithstanding paragraph (1), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this subdivision shall be in
accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
SEC. 25. Section 15200.15 of the Welfare and Institutions Code is
repealed.
SEC. 26. Section 16501.9 is added to the Welfare and Institutions
Code, to read:
16501.9. (a) (1) The Legislature hereby finds and declares the
Child Welfare Services-New System (CWS-NS) is the most important
system in the state for child welfare services staff to ensure the
safety and well-being of California's children. The State of
California has embarked upon on an agile procurement of the CWS-NS.
(2) The Legislature further finds and declares that this approach
requires significant engagement with the end user throughout the life
of the system, including the county human services agencies and
child welfare services and probation staff.
(b) (1) The State Department of Social Services and the Office of
Systems Integration (OSI), in collaboration with the County Welfare
Directors Association (CWDA), shall seek resources to enable the
necessary level of engagement by the counties in the CWS-NS agile
development and maintenance process to prevent the disruption of
services to families and children at risk. This shall include, but
not be limited to, timely and expeditious execution of contracts and
contract amendments for participation in this effort, effective
monitoring and evaluation of the CWS-NS effort, and implementation of
mitigation strategies for risks and issues arising in the
procurement, development, implementation, or operation of digital
services pursuant to this section.
(2) The department and OSI shall provide a voting seat on all
governance bodies of the CWS-NS for a CWDA representative and shall
support and provide necessary accommodation for the stationing of
county representatives at the project site.
(3) The department and OSI shall continue to provide monthly
updates to the Legislature and to stakeholders, including CWDA,
regarding efforts to develop and implement the CWS-NS. The updates
shall include, but not be limited to, (A) the vacancy rate, the
duration of each vacant position and its classification, and the
status of efforts to fill the position, (B) challenges with
recruiting and retaining qualified staff and a description of efforts
to resolve the issues, (C) challenges with procurement, including
any delays, and a description of efforts to resolve the issues, (D)
any issues or risks, including, but not limited to, pending state and
federal approvals and impacts on county child welfare programs that
may jeopardize the project's completion or result in delays relative
to the approved project schedule, budget, and scope, and (E) progress
on the project, by digital service (module) along with a description
of each digital service, and projected completion dates for any
significant upcoming project milestones. Following the effective date
of this section, a list of newly executed contracts, their purpose,
and amounts shall be added to the monthly update.
(4) The department and OSI, in coordination with CWDA and the
Department of Technology, shall convene a regularly scheduled
quarterly forum to provide project updates to stakeholders and
legislative staff. These forums shall include updates on (A) the
progress of the CWS-NS development and implementation, (B)
expenditures incurred to date, (C) significant issues and risks
overcome in the last quarter and significant issues and risks
presently being addressed, (D) upcoming project milestones and
significant events, (E) how the agile approach has affected the
project's overall cost and schedule, (F) how the Department of
Technology's approval and oversight processes are being applied to
the agile implementation approach, and (G) how lessons learned from
the agile implementation of the CWS-NS project can be leveraged by
other state IT projects.
(c) The existing Child Welfare Services Case Management System
(CWS/CMS) operations and functionality shall be maintained at a level
at least commensurate with its December 2015 status and shall not be
decommissioned prior to the full statewide implementation of the
CWS-NS in all counties. Full statewide implementation is defined as
after all existing CWS/CMS functionality has been replaced in CWS-NS
and has been implemented in all 58 counties for a minimum of six
months with no significant (noncosmetic) defects outstanding.
SEC. 27. Section 16519.5 of the Welfare and Institutions Code is
amended to read:
16519.5. (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall implement
a unified, family friendly, and child-centered resource family
approval process to replace the existing multiple processes for
licensing foster family homes, approving relatives and nonrelative
extended family members as foster care providers, and approving
adoptive families.
(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
(2) Additional counties may participate in the early
implementation of the program upon authorization by the department.
(c) (1) For the purposes of this chapter, "resource family" means
an individual or couple that a participating county or foster family
agency, as defined in subdivision (g) of Section 11400 of this code,
and paragraph (4) of subdivision (a) of Section 1502 of the Health
and Safety Code, determines to have successfully met both the home
environment assessment standards and the permanency assessment
criteria adopted pursuant to subdivision (d) necessary for providing
care for a related or unrelated child who is under the jurisdiction
of the juvenile court, or otherwise in the care of a county child
welfare agency or probation department. A resource family shall
demonstrate all of the following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(E) An ability and willingness to provide a family setting that
promotes normal childhood experiences that serves the needs of the
child.
(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the program.
(3) Resource family approval means that the applicant successfully
meets the home environment assessment and permanency assessment
standards. This approval is in lieu of the existing foster care
license, relative or nonrelative extended family member approval, and
the adoption home study approval.
(4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
(5) Notwithstanding paragraphs (1) to (4), inclusive, the
department or county may cease any further review of an application
if the applicant has had a previous application denial within the
preceding year, or if the applicant has had a previous rescission,
revocation, or exemption denial or rescission by the department or
county within the preceding two years. However, the department or
county may continue to review an application if it has determined
that the reasons for the previous denial, rescission, or revocation
were due to circumstances and conditions that either have been
corrected or are no longer in existence. If an individual was
excluded from a resource family home or facility licensed by the
department, the department or county shall cease review of the
individual's application unless the excluded individual has been
reinstated pursuant to Section 11522 of the Government Code. The
cessation of review shall not constitute a denial of the application
for purposes of this section or any other law.
(d) Prior to implementation of this program, the department shall
adopt standards pertaining to the home environment and permanency
assessments of a resource family.
(1) Resource family home environment assessment standards shall
include, but not be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in, or
regularly present in, the home, and not exempted from fingerprinting,
as set forth in subdivision (b) of Section 1522 of the Health and
Safety Code, pursuant to Section 8712 of the Family Code, utilizing a
check of the Child Abuse Central Index (CACI), and receipt of a
fingerprint-based state and federal criminal offender record
information search response. The criminal history information shall
include subsequent notifications pursuant to Section 11105.2 of the
Penal Code.
(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
(iii) If the resource family parent, applicant, or any other
person specified in subdivision (b) of Section 1522 of the Health and
Safety Code has been convicted of a crime other than a minor traffic
violation, except for the civil penalty language, the criminal
background check provisions specified in subdivisions (d) through (f)
of Section 1522 of the Health and Safety Code shall apply.
Exemptions from the criminal records clearance requirements set forth
in this section may be granted by the director or the early
implementation county, if that county has been granted permission by
the director to issue criminal records exemptions pursuant to Section
361.4, using the exemption criteria currently used for foster care
licensing as specified in subdivision (g) of Section 1522 of the
Health and Safety Code.
(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.
(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall
disseminate a fitness determination resulting from the federal
criminal offender record information search.
(B) Buildings and grounds and storage requirements set forth in
Sections 89387 and 89387.2 of Title 22 of the California Code of
Regulations.
(C) In addition to the foregoing requirements, the resource family
home environment assessment standards shall also require the
following:
(i) That the applicant demonstrates an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive environment that serves the needs
of the child.
(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
(A) The applicant shall complete caregiver training.
(B) (i) The applicant shall complete a psychosocial assessment,
which shall include the results of a risk assessment.
(ii) A caregiver risk assessment shall include,
but shall not be limited to, physical and mental health, alcohol and
other substance use and abuse, family and domestic violence, and the
factors listed in subparagraphs (A) and (D) of paragraph (1) of
subdivision (c).
(C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
(e) (1) A child may be placed with a resource family that has
successfully completed the home environment assessment prior to
completion of a permanency assessment only if a compelling reason for
the placement exists based on the needs of the child.
(2) The permanency assessment shall be completed within 90 days of
the child's placement in the home, unless good cause exists based
upon the needs of the child.
(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
(4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to applying as a resource family only on an emergency
basis if all of the following requirements are met:
(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
(B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(D) For any placement made pursuant to this paragraph, the county
shall initiate the home environment assessment no later than five
business days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until approval of the resource family
has been completed.
(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
(3) Entering into terms and conditions for participation in the
program by counties.
(4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700) of
Chapter 7 of Title 11 of the California Code of Regulations shall be
approved by the Department of Justice. The directives shall be exempt
from 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.
(5) Approving and requiring the use of a single standard for
resource family approval.
(6) Adopting and requiring the use of standardized documentation
for the home environment and permanency assessments of resource
families.
(7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation of the program.
(B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against participating
counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
(9) Updating the Legislature on the early implementation phase of
the program, including the status of implementation, successes, and
challenges during the early implementation phase, and relevant
available data, including resource family satisfaction.
(10) Implementing due process procedures, including all of the
following:
(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.
(B) Amending the department's applicable state hearing procedures
and regulations or using the Administrative Procedure Act, when
applicable, as necessary for the administration of the program.
(g) Counties participating in the program shall be responsible for
all of the following:
(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
(3) Implementing the requirements for resource family approval and
utilizing standardized documentation established by the department.
(4) Ensuring staff have the education and experience necessary to
complete the home environment and psychosocial assessments
competently.
(5) (A) Taking the following actions, as applicable:
(i) Approving or denying resource family applications.
(ii) Rescinding approvals of resource families.
(iii) Excluding a resource family parent or other individual from
presence in a resource family home, consistent with the established
standard.
(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child or nonminor dependent from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety, consistent with the established standard.
(B) Providing a resource family parent, applicant, or excluded
individual requesting review of that decision with due process
pursuant to the department's statutes, regulations, and written
directives.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family,
excluding an individual, or taking other administrative action.
(D) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child or nonminor dependent who is or may be
placed in the home from physical or mental abuse, abandonment, or any
other substantial threat to health or safety.
(6) Updating resource family approval annually.
(7) Monitoring resource families through all of the following:
(A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
(A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially conduct the home
environment or psychosocial assessments.
(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).
(12) Ensuring resource family applicants and resource families
have the necessary knowledge, skills, and abilities to support
children in foster care by completing caregiver training. The
training should include a curriculum that supports the role of a
resource family in parenting vulnerable children and should be
ongoing in order to provide resource families with information on
trauma-informed practices and requirements and other topics within
the foster care system.
(13) Ensuring that a resource family applicant completes a minimum
of 12 hours of preapproval training. The training shall include, but
not be limited to, all of the following courses:
(A) An overview of the child protective and probation systems.
(B) The effects of trauma, including grief and loss, and child
abuse and neglect, on child development and behavior, and methods to
behaviorally support children impacted by that trauma or child abuse
and neglect.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care.
(E) Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use disorders,
including culturally relevant services.
(F) The rights of a child in foster care, and the resource family'
s responsibility to safeguard those rights, including the right to
have fair and equal access to all available services, placement,
care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(G) Cultural needs of children, including instruction on cultural
competency and sensitivity, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.
(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code.
(I) Permanence, well-being, and education needs of children.
(J) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(K) The role of resource families, including working cooperatively
with the child welfare or probation agency, the child's family, and
other service providers implementing the case plan.
(L) The role of a resource family on the child and family team as
defined in paragraph (4) of subdivision (a) of Section 16501.
(M) A resource family's responsibility to act as a reasonable and
prudent parent, and to provide a family setting that promotes normal
childhood experiences and that serves the needs of the child.
(N) An overview of the specialized training identified in
subdivision (h).
(14) Ensuring approved resource families complete a minimum of
eight training hours annually, a portion of which shall be from one
or more of the topics listed in paragraph (13).
(h) In addition to any training required by this section, a
resource family may be required to receive specialized training, as
relevant, for the purpose of preparing the resource family to meet
the needs of a particular child in care. This training may include,
but is not limited to, the following:
(1) Understanding how to use best practices for providing care and
supervision to commercially sexually exploited children.
(2) Understanding how to use best practices for providing care and
supervision to lesbian, gay, bisexual, and transgender children.
(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership and
connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and
supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and
supervision to children with special health care needs.
(7) Understanding the different permanency options and the
services and benefits associated with the options.
(i) Nothing in this section shall preclude a county or a foster
family agency from requiring resource family training in excess of
the requirements in this section.
(j) (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive homes
that have completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
(2) Upon implementation of the program in a county, that county
may not accept new applications for the licensure of foster family
homes, the approval of relative and nonrelative extended family
members, or the approval of prospective adoptive homes.
(k) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties or foster family agencies participating in the
program and only for the duration of the program.
( l ) Resource families approved under initial
implementation of the program, who move within an early
implementation county or who move to another early implementation
county, shall retain their resource family status if the new building
and grounds, outdoor activity areas, and storage areas meet home
environment standards. The State Department of Social Services or
early implementation county may allow a program-affiliated individual
to transfer his or her subsequent arrest notification if the
individual moves from one early implementation county to another
early implementation county, as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.
(m) (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending a
determination by the county approval agency or the department, as
appropriate, whether the new building and grounds and storage areas
meet applicable standards, and whether all adults residing in the
home have a criminal records clearance or exemptions granted, using
the exemption criteria used for foster care licensing, as specified
in subdivision (g) of Section 1522 of the Health and Safety Code.
Upon this determination, the nonparticipating county shall either
approve the family as a relative or nonrelative extended family
member, as applicable, or the department shall license the family as
a foster family home.
(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing in
this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family's circumstances or
psychosocial assessment.
(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
(n) Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E (42
U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.
(o) A child placed with a resource family is eligible for the
resource family basic rate, pursuant to Sections 11253.45, 11460,
11461, and 11463, and subdivision (l) of Section 11461.3, at the
child's assessed level of care.
(p) Sharing ratios for nonfederal expenditures for all costs
associated with activities related to the approval of relatives and
nonrelative extended family members shall be in accordance with
Section 10101.
(q) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
(r) Except as provided, approved resource families under this
program shall be exempt from all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code, and all regulations promulgated thereto.
(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
(s) (1) Early implementation counties shall be authorized to
continue through December 31, 2016. The program shall be implemented
by each county on or before January 1, 2017.
(2) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and all
approved relatives and nonrelative extended family members:
(A) A detailed description of the resource family approval
program.
(B) Notification that, in order to care for a foster child,
resource family approval is required by December 31, 2019.
(C) Notification that a foster family home license and an approval
of a relative or nonrelative extended family member shall be
forfeited by operation of law as provided for in paragraph (4).
(3) By no later than January 1, 2018, the following shall apply to
all licensed foster family homes and approved relative and
nonrelative extended family members:
(A) A licensed foster family home, and an approved relative or
nonrelative extended family member with an approved adoptive home
study completed prior to January 1, 2018, shall be deemed to be an
approved resource family.
(B) A licensed foster family home, and an approved relative or
nonrelative extended family member who had a child in placement at
any time, for any length of time, between January 1, 2017, and
December 31, 2017, inclusive, may be approved as a resource family on
the date of successful completion of a psychosocial assessment
pursuant to subparagraph (B) of paragraph (2) of subdivision (d).
(C) A county may provide supportive services to all licensed
foster family home providers, relatives, and nonrelative extended
family members with a child in placement to assist with the resource
family transition and to minimize placement disruptions.
(4) All foster family licenses and approvals of a relative or
nonrelative extended family member shall be forfeited by operation of
law on December 31, 2019, except as provided in this paragraph:
(A) All licensed foster family homes that did not have a child in
placement at any time, for any length of time, between January 1,
2017, and December 31, 2017, inclusive, shall forfeit the license by
operation of law on January 1, 2018.
(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member approval
shall be forfeited by operation of law on the date of approval as a
resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings required
by law to ensure due process.
(t) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency or a short-term residential treatment
center pursuant to subdivision (b) of Section 11462 shall require
applicants and resource families to meet the resource family approval
standards and requirements set forth in this chapter and in the
written directives adopted pursuant to this chapter prior to approval
and in order to maintain approval.
(u) Commencing January 1, 2016, the department may establish
participation conditions, and select and authorize foster family
agencies that voluntarily submit implementation plans and revised
plans of operation in accordance with requirements established by the
department, to approve resource families in lieu of certifying
foster homes.
(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in this
chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.
(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of the
Health and Safety Code.
(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with Section
1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to
take any action it may deem necessary for the health and safety of
children placed with the foster family agency.
(4) The department may adjust the foster family agency AFDC-FC
rate pursuant to Section 11463 for implementation of this
subdivision.
SEC. 28. Article 6 (commencing with Section 16523) is added to
Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
Code, to read:
Article 6. Bringing Families Home Program
16523. For purposes of this article, the following definitions
shall apply:
(a) "Child welfare services" has the same meaning as defined in
Section 16501.
(b) "Department" means the State Department of Social Services.
(c) "Eligible family" means any individual or family that, at a
minimum, meets all of the following conditions:
(1) Receives child welfare services at the time eligibility is
determined.
(2) Is homeless.
(3) Voluntarily agrees to participate in the program.
(4) Either of the following:
(A) Has been determined appropriate for reunification of a child
to a biological parent or guardian by the county human services
agency handling the case, the court with jurisdiction over the child,
or both.
(B) A child or children in the family is or are at risk of foster
care placement, and the county human services agency determines that
safe and stable housing for the family will prevent the need for the
child's or children's removal from the parent or guardian.
(d) "Homeless" means any of the following:
(1) An individual or family who lacks a fixed, regular, and
adequate nighttime residence.
(2) An individual or family with a primary nighttime residence
that is a public or private place not designed for or ordinarily used
as a regular sleeping accommodation for human beings, including, but
not limited to, a car, park, abandoned building, bus station, train
station, airport, or camping ground.
(3) An individual or family living in a supervised publicly or
privately operated shelter designated to provide temporary living
arrangements, including hotels or motels paid for by federal, state,
or local government programs for low-income individuals or by
charitable organizations, congregate shelters, or transitional
housing.
(4) An individual who resided in a shelter or place not meant for
human habitation and who is exiting an institution where he or she
temporarily resided.
(5) An
individual or family who will imminently lose their housing,
including, but not limited to, housing they own, rent, or live in
without paying rent, are sharing with others, or rooms in hotels or
motels not paid for by federal, state, or local government programs
for low-income individuals or by charitable organizations, as
evidenced by any of the following:
(A) A court order resulting from an eviction action that notifies
the individual or family that they must leave within 14 days.
(B) The individual or family having a primary nighttime residence
that is a room in a hotel or motel and where they lack the resources
necessary to reside there for more than 14 days.
(C) Credible evidence indicating that the owner or renter of the
housing will not allow the individual or family to stay for more than
14 days, and any oral statement from an individual or family seeking
homeless assistance that is found to be credible shall be considered
credible evidence for purposes of this clause.
(6) An individual or family who has no subsequent residence
identified.
(7) An individual or family who lacks the resources or support
networks needed to obtain other permanent housing.
(8) Unaccompanied youth and homeless families with children and
youth defined as homeless under any other federal statute, as of the
effective date of this program, who meet all of the following:
(A) Have experienced a long-term period without living
independently in permanent housing.
(B) Have experienced persistent instability as measured by
frequent moves over that long-term period.
(C) Can be expected to continue in that status for an extended
period of time because of chronic disabilities, chronic physical
health or mental health conditions, substance addiction, histories of
domestic violence or childhood abuse, the presence of a child or
youth with a disability, or multiple barriers to employment.
(e) "Homelessness" means the status of being homeless, as defined
in subdivision (d).
(f) "Permanent housing" means a place to live without a limit on
the length of stay in the housing that exceeds the duration of
funding for the program, subject to landlord-tenant laws pursuant to
Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of
Division 3 of the Civil Code.
(g) "Program" means the Bringing Families Home Program established
pursuant to this article.
(h) "Supportive housing" has the same meaning as defined in
paragraph (2) of subdivision (b) of Section 50675.14 of the Health
and Safety Code, except that the program is not restricted to serving
only projects with five or more units.
16523.1. (a) To the extent funds are appropriated in the annual
Budget Act, the department shall award program funds to counties for
the purpose of providing housing-related supports to eligible
families experiencing homelessness if that homelessness prevents
reunification between an eligible family and a child receiving child
welfare services, or where lack of housing prevents a parent or
guardian from addressing issues that could lead to foster care
placement.
(b) Notwithstanding subdivision (a), this section does not create
an entitlement to housing-related assistance, which is intended to be
provided at the discretion of the county as a service to eligible
families.
(c) (1) It is the intent of the Legislature that housing-related
assistance provided pursuant to this article utilize evidence-based
models, including evidence-based practices in rapid rehousing and
supportive housing.
(2) Housing-related supports available to participating families
shall include, but not be limited to, all of the following:
(A) An assessment of each family's housing needs, including a plan
to assist them in meeting those needs.
(B) Housing navigation or search assistance to recruit landlords,
and assist families in locating housing affordable to the family,
under a presumption that the family will pay no more than one-third
of their income in rent.
(C) The use of evidence-based models, such as motivational
interviewing and trauma-informed care, to build relationships with a
parent or guardian.
(D) Housing-related financial assistance, including rental
assistance, security deposit assistance, utility payments, moving
cost assistance, and interim housing assistance while housing
navigators are actively seeking permanent housing options for the
family.
(E) Housing stabilization services, including ongoing tenant
engagement, case management, public systems assistance, legal
services, credit repair assistance, life skills training, and
conflict mediation with landlords and neighbors.
(F) If the family requires supportive housing, long-term services
promoting housing stability.
(d) The department shall award program funds to counties according
to criteria developed by the department, in consultation with the
County Welfare Directors Association, the Corporation for Supportive
Housing, and Housing California, subject to both of the following
requirements:
(1) A county that receives state funds under this program shall
match that funding on a dollar-by-dollar basis. The county funds used
for this purpose shall supplement, not supplant, county funding
already intended for these purposes.
(2) A county that receives state funds under this program shall
have a local continuum of care that participates in a homeless
services coordinated entry and assessment system, as required by the
United States Department of Housing and Urban Development.
(e) The department, in consultation with Housing California, the
Corporation for Supportive Housing, and the County Welfare Directors
Association of California, shall develop all of the following:
(1) The criteria by which counties may be awarded funds to provide
housing-related assistance to eligible families pursuant to this
article.
(2) The proportion of program funding to be expended on reasonable
and appropriate administrative activities to minimize overhead and
maximize services.
(3) Eligible sources of funds for a county's matching
contribution.
(4) Tracking and reporting procedures for the program.
(5) A process for evaluating program data.
SEC. 29. Section 17601.50 of the Welfare and Institutions Code is
amended to read:
17601.50. The moneys in the Child Poverty and Family Supplemental
Support Subaccount shall be allocated to the family support account
in the local health and welfare trust fund in each county and city
and county by the Controller pursuant to a schedule prepared by the
Department of Finance. All funds allocated shall be attributable to
the payment of increased aid payments, as authorized by Section
11450.025. Funds that are not allocated in a fiscal year, shall be
available for allocation in the following fiscal year.
SEC. 30. Section 18910.1 of the Welfare and Institutions Code is
amended to read:
18910.1. All CalFresh households shall be assigned certification
periods that are the maximum number of months allowable under federal
law for the household type unless a county is complying with
subdivision (b) of Section 18910 or, on a case-by-case basis only,
the household's individual circumstances require a shorter
certification period.
SEC. 31. Section 18920 is added to the Welfare and Institutions
Code, to read:
18920. (a) Notwithstanding any other law, an agreement between
the department and a unit of local government, any other unit of
state government, or a nonprofit organization that provides for a
contract relating to either of the following is and shall be deemed a
"cooperative agreement," as defined in subdivision (a) of Section
38072 of the Health and Safety Code:
(1) Outreach programs related to CalFresh.
(2) The Supplemental Nutrition Assistance Program: Nutrition
Education and Obesity Prevention Grant Program.
(b) Notwithstanding subdivision (b) of Section 38072 of the Health
and Safety Code, for purposes of Chapter 1 (commencing with Section
38070) of Division 25.2 of the Health and Safety Code, any reference
to the term "department" in those provisions shall refer to the State
Department of Social Services for purposes of an agreement described
in subdivision (a).
(c) In addition to the authority granted the department in
subdivision (a) of Section 38081.1 of the Health and Safety Code, a
change of subcontracts shall not be subject to review and approval by
the Department of General Services pursuant to Chapter 2 (commencing
with Section 10290) of Part 2 of Division 2 of the Public Contract
Code.
(d) The Legislature finds and declares that this section shall be
applied retroactively to currently executed agreements that are
described in subdivision (a).
SEC. 32. Chapter 17 (commencing with Section 18999) is added to
Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 17. HOUSING AND DISABILITY INCOME ADVOCACY PROGRAM
18999. In enacting this chapter, it is the intent of the
Legislature to establish, for the 2016-17 fiscal year, the Housing
and Disability Income Advocacy Program under which counties assist
homeless Californians with disabilities to increase participation
among individuals who may be eligible for disability benefits
programs, including the Supplemental Security Income/State
Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP),
the federal Social Security Disability Insurance (SSDI) program, the
Cash Assistance Program for Immigrants, and veterans benefits
provided under federal law, including disability compensation.
18999.1. (a) Subject to an appropriation of funds for this
purpose in the annual Budget Act, the State Department of Social
Services shall administer the Housing and Disability Income Advocacy
Program to provide state matching grant funds to participating
counties for the provision of outreach, case management, and advocacy
services and housing assistance to individuals in need.
(b) Funds appropriated pursuant to this chapter shall be awarded
to counties by the department according to criteria developed by the
department, in consultation with the County Welfare Directors
Association of California and advocates for clients, subject to the
following restrictions:
(1) State funds appropriated pursuant to this chapter shall be
used only for the purposes specified in this chapter.
(2) A county that receives state funds under this chapter shall
match that funding on a dollar-for-dollar basis. The county matching
funds used for this purpose shall supplement, and not supplant, other
county funding for these purposes.
(3) A county receiving state funds pursuant to this chapter shall,
at a minimum, maintain a level of county funding for the outreach,
active case management, advocacy, and housing assistance services
described in this chapter that is at least equal to the total of the
amounts expended by the county for those services in the 2015-16
fiscal year.
(4) As part of its application to receive state funds under this
chapter, a county shall identify how it will collaborate locally
among, at a minimum, the county departments that are responsible for
health, including behavioral health, and human or social services in
carrying out the activities required by this chapter. This
collaboration shall include, but is not limited to, the sharing of
information among these departments as necessary to carry out the
activities required by this chapter.
18999.2. (a) (1) A participating county shall provide, or
contract for, outreach, active case management, and advocacy services
related to all of the following programs, as appropriate:
(A) The Supplemental Security Income/State Supplementary Program
for the Aged, Blind, and Disabled (SSI/SSP).
(B) The federal Social Security Disability Insurance (SSDI)
program.
(C) The Cash Assistance Program for Immigrants.
(D) Veterans benefits provided under federal law, including, but
not limited to, disability compensation.
(2) The outreach and case management services required by this
subdivision shall include, but not be limited to, all of the
following:
(A) Receiving referrals.
(B) Conducting outreach, training, and technical assistance.
(C) Providing assessment and screening.
(D) Coordinating record retrieval and other necessary means of
documenting disability.
(E) Coordinating the provision of health care, including
behavioral health care, for clients, as appropriate.
(3) The advocacy services required by this subdivision, which may
be provided though legal representation, shall include, but not be
limited to, the following:
(A) Developing and filing competently prepared benefit
applications, appeals, reconsiderations, reinstatements, and
recertifications.
(B) Coordinating with federal and state offices regarding pending
benefit applications, appeals, reconsiderations, reinstatements, and
recertifications and advocating on behalf of the client.
(b) A participating county shall use screening tools to identify
populations of individuals who are likely to be eligible for the
programs listed in subdivision (a), in accordance with the following:
(1) The county shall give highest priority to individuals who are
chronically homeless or who rely the most heavily on state- and
county-funded services.
(2) Other populations to be targeted by the program include, but
are not limited to, the following:
(A) General assistance or general relief applicants or recipients
who are homeless or at risk of homelessness.
(B) Parents who receive CalWORKs assistance or whose children
receive assistance or children who are recipients of CalWORKs in
families that are homeless or at risk of homelessness.
(C) Low-income individuals with disabilities who can be diverted
from, or who are being discharged from, jails or prisons and who are
homeless or at risk of homelessness.
(D) Low-income veterans with disabilities who are homeless or at
risk of homelessness.
(E) Low-income individuals with disabilities who are being
discharged from hospitals, long-term care facilities, or
rehabilitation facilities and who are homeless or at risk of
homelessness.
(c) (1) As appropriate, a participating county may refer an
individual to workforce development programs who is not likely to be
eligible for the programs listed in subdivision (a) and who may
benefit from workforce development programs.
(2) In consultation with an individual who has been served by the
Housing and Disability Income Advocacy Program and considering the
circumstances of his or her disabilities, a participating county may,
upon approval or final denial of disability benefits, refer an
individual who may benefit from workforce development programs to
those programs.
(3) An individual's participation in a workforce development
program pursuant to this subdivision is voluntary.
18999.4. (a) (1) A participating county shall use funds received
under this program to establish or expand programs that provide
housing assistance, including interim housing, recuperative care,
rental subsidies, or, only when necessary, shelters, for clients
receiving services under Section 18999.2 during the clients'
application periods for disability benefits programs described in
that section. The county shall place a client who receives subsidies
in housing that the client can sustain without a subsidy upon
approval of disability benefits. If the client is not approved for
disability benefits, case management staff shall assist in developing
a transition plan for housing support through other available
resources.
(2) A client's participation in housing assistance programs or
services is voluntary.
(b) A county, with the assistance of the department, shall seek
reimbursement of funds used for housing assistance, general
assistance, or general relief from the federal Commissioner of Social
Security pursuant to an interim assistance reimbursement agreement
authorized by Section 1631(g) of the federal Social Security Act. A
county shall expend funds received as reimbursement for housing
assistance only on additional housing assistance for clients
receiving services under this chapter.
18999.6. (a) Each participating county shall annually report to
the department regarding its funding of advocacy and outreach
programs in the prior year, as well as the use of state funding
provided under this chapter, including all of the following:
(1) The number of clients served in each of the targeted
populations described in subdivision (b) of Section 18999.2 and any
other populations the county chose to target.
(2) The demographics of the clients served, including race or
ethnicity, age, and gender.
(3) The number of applications for benefits, and type of benefits,
filed with the assistance of the county.
(4) The number of applications approved initially, the number
approved after reconsideration, the number approved after appeal, and
the number not approved, including the time to benefits
establishment.
(5) For applications that were denied, the reasons for denial.
(6) The number of clients who received subsidized housing during
the period that their applications were pending and a description of
how that impacted the clients and the rates of completed applications
or approval.
(7) The number of clients who received subsidized housing who
maintained that housing during the SSI application period.
(8) The percentage of individuals approved for SSI who retain
permanent housing 6, 12, and 24 months after benefits approval.
(9) The amount and percentage of rental subsidy costs and of
general assistance or general relief costs recovered through interim
assistance reimbursement for individuals approved for benefits.
(10) The number of individuals eligible to be served by this
program but who have not yet received services.
(11) Any additional data requirements established by the
department after consultation with the County Welfare Directors
Association of California and advocates for clients.
(b) The department shall periodically inform the Legislature of
the implementation progress of the program and make related data
available on its Internet Web site. The department shall also report
to the Legislature by October 1, 2018, in compliance with Section
9795 of the Government Code, regarding the implementation of the
program, including the information reported by participating counties
pursuant to this section.
(c) Notwithstanding the rulemaking provisions of the
Administrative Procedures 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 through all-county letters without taking any regulatory
action.
SEC. 33. (a) During the 2017 and 2018 legislative budget hearings,
the State Department of Social Services and the State Department of
Health Care Services shall update the legislative budget committees
on activities taken by the departments to implement the Continuum of
Care Reform (CCR) pursuant to AB 403 (Chapter 773, Statutes of 2015).
(b) The information required pursuant to subdivision (a) shall
include, but is not limited to, all of the following:
(1) The specialty mental health services provided to foster
children in short term residential treatment centers, by foster
family agencies, and by resource families.
(2) The roles to be performed by the county mental health plans,
the Medi-Cal managed care plans, and the fee-for-service system to
coordinate mental health services being provided to foster youth
pursuant to subdivision (a).
(3) The actual or projected fiscal information related to the
implementation of CCR, as follows:
(A) Funding sources available to provide mental health services to
foster care children.
(B) The state, county, and federal funding estimated for the
2016-17 fiscal year to provide mental health services to foster
children who meet the medical necessity criteria for specialty mental
health services under the Medi-Cal program.
SEC. 34. No appropriation pursuant to Section 15201 of the Welfare
and Institutions Code shall be made for purposes of implementing
Section 22 of this act.
SEC. 35. The State Department of Social Services shall convene
stakeholders, including county placing agencies, providers, foster
youth, and legislative staff, commencing no later than July 1, 2016,
to discuss the adequacy of the proposed foster care rates and rate
structure, and the extent to which the rates will achieve the desired
outcomes for Continuum of Care Reform and AB 403 (Chapter 773,
Statutes of 2015). The department shall report to the legislative
budget committees no later than August 10, 2016, on the results of
these discussions. To the extent the proposed rates have changed, the
department shall provide updated projected costs no later than
January 10, 2017.
SEC. 36. (a) 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
Article 6 (commencing with Section 16523) of Chapter 5 of Part 4 of
Division 9 of the Welfare and Institutions Code and the changes made
in this act to Sections 11253.45, 11320.15, 11322.63, 11322.64,
11322.83, 11323.25, 11402 (as amended by Section 65 of Chapter 773 of
the Statutes of 2015), 11402 (as amended by Section 66 of Chapter
773 of the Statutes of 2015), 11450, 11450.04, 11461.3, 11461.4,
11465, 12301.02, 16519.5, and 18910.1 of the Welfare and Institutions
Code through all-county letters or similar instructions until
regulations are adopted.
(b) The department shall adopt emergency regulations implementing
the sections specified in subdivision (a) no later than January 1,
2018. The department may readopt any emergency regulation authorized
by this section that is the same as, or substantially equivalent to,
any emergency regulation previously adopted pursuant to this section.
The initial adoption of regulations pursuant to this section and one
readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State, and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted.
SEC. 37. (a) 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,
Section 36 of Article XIII of the California Constitution shall
govern this act's application to local agencies and the state's
funding of those programs or levels of service.
(b) However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state for programs or
levels of service not described in subdivision (a), 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. 38. 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.
