Bill Text: CA AB1811 | 2017-2018 | Regular Session | Amended
Bill Title: Human services omnibus.
Spectrum: Committee Bill
Status: (Passed) 2018-06-27 - Chaptered by Secretary of State - Chapter 35, Statutes of 2018. [AB1811 Detail]
Download: California-2017-AB1811-Amended.html
Amended
IN
Senate
June 12, 2018 |
Assembly Bill | No. 1811 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, |
January 10, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 69519 of the Education Code is amended to read:69519.
(a) The commission, through an interagency agreement with the State Department of Social Services, currently operates a federally funded scholarshipSEC. 2.
Section 17556 is added to the Family Code, to read:17556.
On or before March 1, 2019, and annually thereafter, the department shall submit a report to the Legislature providing information on the status of all of the following:SEC. 3.
Section 17705 is added to the Family Code, to read:17705.
(a) Beginning July 1, 2018, the director of the Department of Child Support Services and the president of the Child Support Directors Association of California shall jointly lead discussions for the purposes of identifying programwide operational efficiencies and further refinements to the budget methodology for the child support program, as needed. The discussions shall include all of the following areas:SEC. 4.
Section 6253.2 of the Government Code is amended to read:6253.2.
(a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to SectionSEC. 5.
It is the intent of the Legislature to maintain a child’s safety, well-being, and healthy development when the child is removed from his or her family. Children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be a top priority when placing a child or youth in foster care. It is, therefore, the intent of the Legislature to reduce the frequency of law enforcement involvement and delinquency petitions arising from incidents at children’s residential facilities. The intent of this act is to give clear guidance and additional training and support to operators of children’s residential facilities, to provide heightened protections for foster youth, and to ensure that contacting law enforcement shall be a last resort and shall not be relied upon as a substitute for appropriate behavioral management techniques.SEC. 6.
Section 1531.6 is added to the Health and Safety Code, to read:1531.6.
(a) Each group home, transitional shelter care facility, and short-term residential therapeutic program, as defined in Section 1502, and each temporary shelter care facility as defined in subdivision (c) of Section 1530.8, shall develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility.SEC. 7.
Section 1538.75 is added to the Health and Safety Code, to read:1538.75.
(a) (1) The department shall allocate funds appropriated for the purpose of providing training and community-based, culturally relevant, trauma-informed services in order to reduce the frequency of law enforcement involvement and delinquency petitions arising from incidents at group homes and other facilities licensed to provide residential care to dependent children. For county departments participating in the program, participation shall be at the county’s option.SEC. 8.
Section 246 of the Labor Code is amended to read:246.
(a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.(p)
SEC. 9.
Section 9719.5 of the Welfare and Institutions Code is amended to read:9719.5.
(a) (1) The department shall allocate all federal and state funds for local ombudsman programs according to the following distribution, but shall not allocate less than(2)An allocation to an area where there are less than 10 facilities and less than 500 beds shall not be less than the base allocation contained in the Budget Act of 1986.
(3)
SEC. 10.
The Legislature finds and declares all of the following:SEC. 11.
Section 10072.3 is added to the Welfare and Institutions Code, to read:10072.3.
(a) This section shall be known, and may be cited, as the California Fruit and Vegetable EBT Pilot Project.SEC. 12.
Section 10553.1 of the Welfare and Institutions Code is amended to read:10553.1.
(a) Notwithstanding any other(f)
SEC. 13.
Section 10626 of the Welfare and Institutions Code is repealed.The department shall contract with public agencies or private nonprofit corporations for a period not to exceed one year. At the end of each contract year, the department may renegotiate the terms of the contract in accordance with allowable increase or decrease in the agency or corporation costs and their demonstrated ability to provide the specified services. The private nonprofit agency must submit a complete financial statement by a certified public accountant prior to a renewal of a contract.
SEC. 14.
Section 10626 is added to the Welfare and Institutions Code, to read:10626.
(a) The department shall contract with public agencies or private nonprofit corporations for purposes of this chapter. Those contracts shall be competitively bid pursuant to a request for proposals, either statewide or by specific region or regions. Each contract shall have a term not to exceed five years. Before the end of each contract term, the department shall conduct a timely competitive request for proposals that allows sufficient time for execution of a subsequent contract to avoid a lapse in services.SEC. 15.
The Legislature finds and declares all of the following:SEC. 16.
Section 10823.1 is added to the Welfare and Institutions Code, to read:10823.1.
(a) It is the intent of the Legislature that representatives from the State Department of Social Services, the State Department of Health Care Services, the Office of Systems Integration, the SAWS consortia, and the counties meet with advocates, clients, and other stakeholders no less than quarterly to review the development status of the California Automated Consortium Eligibility System (CalACES) and the California Statewide Automated Welfare System (CalSAWS) projects.SEC. 17.
Section 10823.2 is added to the Welfare and Institutions Code, to read:10823.2.
(a) The State Department of Social Services, the State Department of Health Care Services, and the Office of Systems Integration shall develop, in consultation with the County Welfare Directors Association of California, the SAWS consortia, and stakeholders, a formal process for health and human services advocates and clients to provide input into new or changing public facing elements of CalACES and CalSAWS.SEC. 18.
Section 11325.23 of the Welfare and Institutions Code is amended to read:11325.23.
(a) (1) Except as provided in paragraph (2), any student who, at the time he or she is required to participate under this article pursuant to Section 11320.3, is enrolled in any undergraduate degree or certificate program that leads to employment may continue in that program if he or she is making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination.SEC. 19.
Article 3.4 (commencing with Section 11330.6) is added to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:Article 3.4. CalWORKs Home Visiting Initiative Program
11330.6.
(a) (1) The Legislature hereby establishes the CalWORKs Home Visiting Initiative as a voluntary program for the purpose of supporting positive health, development, and well-being outcomes for pregnant and parenting women, families, and infants born into poverty, expanding their future educational, economic, and financial capability opportunities, and improving the likelihood that they will exit poverty.11330.7.
(a) A primary component of the program described in this article shall be case management and evidence-based home visiting for the purpose of family support, which shall commence upon the determination that an individual is eligible in accordance with paragraph (2) of subdivision (c) of Section 11330.6 and shall continue until the eligible individual completes the evidence-based home visiting program or terminates his or her own participation.11330.8.
(a) For the purpose of implementing this article, the department shall form and consult with a workgroup of stakeholders, including legislative staff, representatives of counties and county human services agencies, CalWORKs eligibility workers, home visitors with experience serving CalWORKs recipients, current or former CalWORKs clients, advocates for clients, local and state First 5 representatives, the State Department of Health Care Services, the State Department of Public Health, home visiting program administrators, home visiting programs experts and advocates, and other stakeholders. The workgroup shall be maintained indefinitely to provide continuous quality improvement, utilizing the data collected and received pursuant to subdivision (c), and shall biennially provide technical assistance to county home visiting programs.11330.9.
This article shall become operative on January 1, 2019.SEC. 20.
Section 11364 of the Welfare and Institutions Code is amended to read:11364.
(a) In order to receive payments under this article, the county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall negotiate and enter into a written, binding, kinship guardianship assistance agreement with the relative guardian of an eligible child, and provide the relative guardian with a copy of the agreement.(3)
(4)
(5)
(6)
SEC. 21.
Section 11387 of the Welfare and Institutions Code is amended to read:11387.
(a) In order to receive federal financial participation for payments under this article, the county child welfare agency or probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 shall negotiate and enter into a written, binding, kinship guardianship assistance agreement with the relative guardian of an eligible child, and provide the relative guardian with a copy of the agreement. The negotiated agreement shall be executed prior to establishment of the guardianship.(3)
(4)
(5)
(6)
SEC. 22.
Section 11405 of the Welfare and Institutions Code is amended to read:11405.
(a) Except for nonminors described in paragraph (2) of subdivision (e), AFDC-FC benefits shall be paid to an otherwise eligible child living with a nonrelated legal guardian, provided that the legal guardian cooperates with the county welfare department in all of the following:(3)
SEC. 23.
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 the same home | Maximum 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 |
(ii)
(iii)
(iv)
SEC. 24.
Section 11450.021 is added to the Welfare and Institutions Code, to read:11450.021.
(a) Notwithstanding any other law, effective April 1, 2019, the maximum aid payments pursuant to paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 2018, shall be increased by 10 percent.SEC. 25.
Section 11450.022 is added to the Welfare and Institutions Code, to read:11450.022.
(a) It is the intent of the Legislature to increase CalWORKs maximum aid payment levels in the 2018–19, 2019–20, and 2020–21 fiscal years, or until the maximum aid payment levels reach 50 percent of the federal poverty level for the family size that is one greater than the assistance unit.SEC. 26.
Section 11450.026 is added to the Welfare and Institutions Code, to read:11450.026.
(a) Commencing in the 2019–20 fiscal year and for each fiscal year thereafter, if an incremental adjustment is made to the maximum aid payments pursuant to paragraph (1) of subdivision (a) of Section 11450, the counties’ share of that adjustment, as required pursuant to Section 15200, shall be based upon the total incremental adjustment or the increase in the California Necessities Index pursuant to Section 11453 for the fiscal year in which the adjustment becomes effective, whichever is lower.SEC. 27.
Section 11453.01 is added to the Welfare and Institutions Code, to read:11453.01.
(a) Commencing July 1, 2022, and each year thereafter, the maximum aid payment set forth in subdivision (a) of Section 11450 shall be adjusted annually to reflect any increases or decreases in the cost of living, and these adjustments shall become effective October 1 of each year. The annual cost-of-living adjustment shall be based on the increase in the California Necessities Index for the year in which the adjustment becomes effective.SEC. 28.
Section 11461.36 is added to the Welfare and Institutions Code, to read:11461.36.
(a) It is the intent of the Legislature to provide support to emergency caregivers, as defined in subdivision (c), who care for children and nonminor dependents before approval of an application under the Resource Family Approval Program.SEC. 29.
Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.
(a) Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.SEC. 30.
Section 12200.5 of the Welfare and Institutions Code is repealed.(a)(1)If permitted by federal law, and upon approval of the Secretaries of the United States Department of Health and Human Services and the United States Department of Agriculture, state supplementary payments set forth in Section 12200 shall be decreased for individuals and couples who live alone as defined for purposes of eligibility for CalFresh or only with other recipients of aid under Section 12200 so as to no longer include the bonus value of CalFresh benefits, and the department shall, instead, provide CalFresh benefits to each otherwise eligible aged, blind, or disabled applicant or recipient as specified in this section.
(2)Amounts of aid payable
to individuals pursuant to subdivisions (a), (c), and (f) of Section 12200 who live alone as defined for purposes of CalFresh eligibility or only with recipients of aid under Section 12200 shall be reduced by ten dollars ($10).
(3)Amounts of aid payable to couples pursuant to subdivisions (b) and (d) of Section 12200 who live alone as defined for purposes of CalFresh eligibility or only with other recipients of aid under Section 12200 shall be reduced by ten dollars ($10).
(b)(1)This section shall not be operative unless the Secretary of the United States Department of Agriculture approves the necessary waivers for a centralized state issuance system.
(2)Waivers required by paragraph (1) shall include, at a minimum, all of the following, in order to ensure the most cost-effective delivery of
benefits:
(A)7 C.F.R. 273.10(f)—Limitation of certification periods.
(B)7 C.F.R. 273.2(e)—Face-to-face interview requirements.
(C)7 C.F.R. 273.2(f)(1)—Mandatory verification requirements.
(D)7 C.F.R. 273.2(g)—Application processing timeframe requirements.
(E)7 C.F.R. 273.9(d)(6)—Standard utility allowance usage.
(F)7 C.F.R. 273.12(a)—Nonmonthly reporting requirements.
(c)In the administration of the centralized state system, the department may contract through a competitive bid contract or a sole source
contract all or part of this operation.
SEC. 31.
Section 12201.01 is added to the Welfare and Institutions Code, to read:12201.01.
(a) Commencing July 1, 2022, and each year thereafter, the payment schedules set forth in Section 12200 shall be adjusted annually to reflect any increases or decreases in the cost of living, and these adjustments shall become effective January 1 of each year. The annual cost-of-living adjustment shall be based on the increase in the California Necessities Index for the year in which the adjustment becomes effective.SEC. 32.
Section 12301.6 of the Welfare and Institutions Code is amended to read:12301.6.
(a) Notwithstanding Sections 12302 and 12302.1, a county board of supervisors may, at its option, elect to do either of the following:SEC. 33.
Section 14132.97 of the Welfare and Institutions Code is amended to read:14132.97.
(a) (1) For purposes of this section, “waiver personal care services” means personal care services authorized by the department for persons who are eligible for either nursing or model nursing facility waiver services.SEC. 34.
Section 14132.971 is added to the Welfare and Institutions Code, to read:14132.971.
(a) The county, or the public authority or nonprofit consortium established pursuant to Section 12301.6, shall be deemed to be the employer to meet and confer in good faith, in accordance with Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, regarding wages, benefits, and other terms and conditions of employment of individuals providing waiver personal care services pursuant to Section 14132.97. For purposes of this section, bargaining unit placement pursuant to Section 3507.1 of the Government Code, and waiver personal care services, individuals providing waiver personal care services shall be deemed a part of the established bargaining unit of in-home supportive services providers of an employer of record described in Section 12301.6 in the county in which the individual delivers waiver personal care services.SEC. 35.
Chapter 14 (commencing with Section 15770) is added to Part 3 of Division 9 of the Welfare and Institutions Code, to read:CHAPTER 14. Home Safe Program
15770.
For purposes of this chapter, the following definitions shall apply:15771.
(a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the department shall award grants to counties, tribes, or groups of counties or tribes, that provide services to elder and dependent adults who experience abuse, neglect, and exploitation and otherwise meet the eligibility criteria for adult protective services, for the purpose of providing housing-related supports to eligible individuals.SEC. 36.
Section 16121 of the Welfare and Institutions Code is amended to read:16121.
(a) (1) For initial adoption assistance agreements executed on October 1, 1992, to December 31, 2007, inclusive, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that shall not exceed the basic foster care maintenance payment rate structure in effect on December 31, 2007, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.SEC. 37.
Section 16521.7 is added to the Welfare and Institutions Code, to read:16521.7.
(a) It is the intent of the Legislature in enacting this section to establish a methodology for reconciling the state’s and each county’s costs and savings resulting from implementation of the Continuum of Care Reform (CCR), as directed through legislation and administrative directives, in light of the requirements of Section 36 of Article XIII of the California Constitution, which pertains to state or federal legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for certain programs or levels of service.SEC. 38.
Section 18900.5 is added to the Welfare and Institutions Code, to read:18900.5.
(a) It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits under Chapter 10.1 (commencing with Section 18930) of this part. It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 2018–19, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.SEC. 39.
Section 18900.6 is added to the Welfare and Institutions Code, to read:18900.6.
(a) There is hereby created the SSI/SSP Cash-In Supplemental Nutrition Benefit (SNB) Program described in this section.SEC. 40.
Section 18900.7 is added to the Welfare and Institutions Code, to read:18900.7.
(a) There is hereby created the SSI/SSP Cash-In Transitional Nutrition Benefit (TNB) Program described in this section.SEC. 41.
Section 18941 of the Welfare and Institutions Code is amended to read:18941.
(a) Benefits provided under this chapter shall be equivalent to the benefits provided under the SSI/SSP program, Chapter 3 (commencing with Section 12000) of Part 3, except that the schedules for individuals and couples shall be reduced ten dollars ($10) per individual and twenty dollars ($20) per couple per month.SEC. 42.
(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 Sections 1531.6 and 1538.75 of the Health and Safety Code, Sections 10072.3, 10626, 10823.1, 10823.2, 11450.21, 11450.22, 11450.26, 11453.01, 11461.36, 12201.01, 14132.971, 18900.5, 18900.6, and 18900.7 of, Article 3.4 (commencing with Section 11330.6) of Chapter 2 of Part 3 of Division 9 of, and Chapter 14 (commencing with Section 15770) of Part 3 of Division 9 of, the Welfare and Institutions Code, which are added by this act, and Sections 11325.23, 11450, 11462.04, 14132.97, and 18941 of the Welfare and Institutions Code, which are amended by this act, through all-county letters or similar instructions until regulations are adopted.SEC. 43.
The Legislature finds and declares that Section 6253.2 of the Government Code, as amended by Section 4 of this act, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 44.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.SEC. 45.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.