Bill Text: CA AB187 | 2021-2022 | Regular Session | Amended
Bill Title: Human services.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-08-01 - Re-referred to Com. on B. & F.R. [AB187 Detail]
Download: California-2021-AB187-Amended.html
Amended
IN
Senate
June 26, 2022 |
Amended
IN
Assembly
February 18, 2021 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bennett, Bloom, Carrillo, |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares that California requires a consistent, agencywide, person-centered approach, to ensure all of our health and social services programs are moving together in alignment to serve Californians before, during, and after a disaster. This requires breaking down traditional programmatic silos and ensuring that California is serving the whole of the needs of each person, which is critical during a disaster and during disaster recovery.SEC. 2.
Section 12087.3 is added to the Government Code, to read:12087.3.
(a) It is the intent of the Legislature that, upon appropriation in the Budget Act of 2022, one-time funding for the Low Income Household Water Assistance Program (LIHWAP) shall be used to prioritize and expedite services that reduce arrearages for low-income households.SEC. 3.
Section 1530.90 is added to the Health and Safety Code, immediately following Section 1530.9, to read:1530.90.
(a) A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 and licensed pursuant to this chapter, shall meet the requirements of this section.SEC. 4.
Division 2.8 (commencing with Section 1890) is added to the Health and Safety Code, to read:DIVISION 2.8. Office of Response and Resilience
1890.
For the purposes of this division, the following definitions apply:1891.
Commencing July 1, 2022, there is hereby established within the California Health and Human Services Agency the Office of Response and Resilience. The office shall provide policy, fiscal, and operational organization, coordination, and management when departments are preparing for, mitigating, responding to, or helping communities recover from an emergency. The office shall be administered by a director who shall be appointed by the secretary of the agency.1892.
In addition to the general duties set forth in Section 1891, the office shall have the following responsibilities:1893.
For purposes of implementing this division, the agency and the office may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. On or before June 30, 2024, contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and are exempt from the review or approval of any division of the Department of General Services.1894.
Implementation of this division is contingent upon an appropriation of funds by the Legislature in the annual Budget Act for the express purposes of this division.SEC. 5.
Section 50807 of the Health and Safety Code is amended to read:50807.
(a) Subject to an appropriation in the annual Budget Act, the Department of Housing and Community Development shall allocate funding to county child welfare agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state’s foster care or probation systems.SEC. 6.
The heading of Chapter 11.8 (commencing with Section 50811) of Part 2 of Division 31 of the Health and Safety Code is amended to read:
CHAPTER
11.8. Housing Navigation for Young Adults and Maintenance Program
SEC. 7.
Section 50811 of the Health and Safety Code is amended to read:50811.
(a) Subject to an appropriation in the annual Budget Act to the Department of Housing and Community Development to continue the housing navigator program established as a result of the allocation in Provision (3) of Item 2240-103-0001 of the Budget Act of 2019, which is hereby renamed the Housing Navigation and Maintenance Program, the department shall allocate funding to county child welfare agencies to provide housing navigators to help young adults(3)
(4)
SEC. 8.
Section 130208 of the Health and Safety Code is repealed.(a)The Health Plan Improvement Trust Fund is hereby created in the State Treasury, and, upon appropriation by the Legislature, moneys in the fund shall be made available, on or before July 1, 2021, for the purposes of Section 130204.
(b)The Health Plan Improvement Trust Fund is the successor fund to The Office of Patient Advocate Trust Fund. All the assets and liabilities of the Office of Patient Advocate Trust Fund shall become assets and liabilities of the Health Plan Improvement Fund upon establishment of the Health Plan Improvement Trust Fund.
(c)The moneys in the Office of Patient Advocate Trust Fund shall be transferred and deposited into the Health Plan Improvement
Trust Fund by July 1, 2021, for use by the center for the purposes of Section 130204. The Office of Patient Advocate Trust Fund shall be eliminated once all funds are transferred to the Health Plan Improvement Trust Fund.
(d)Notwithstanding Section 16305.7 of the Government Code, all interest earned on moneys that have been deposited in the fund shall be retained in the fund and used for purposes consistent with 130204.
SEC. 9.
Section 130208 is added to the Health and Safety Code, to read:130208.
(a) The Office of Patient Advocate Trust Fund shall be renamed to the Health Plan Improvement Trust Fund.SEC. 10.
Section 11166 of the Penal Code is amended to read:11166.
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of the mandated reporter’s employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.SEC. 11.
Section 11174.34 of the Penal Code is amended to read:11174.34.
(a) (1) The purpose of this section shall be to coordinate and integrate state and local efforts to address fatal child abuse or neglect, and to create a body of information to prevent child deaths.SEC. 12.
Section 17131.12 is added to the Revenue and Taxation Code, to read:17131.12.
(a) Gross income does not include any payments received by an individual from a guaranteed income pilot program or project that receives a grant pursuant to Section 18997 of the Welfare and Institutions Code.SEC. 13.
Section 17131.19 is added to the Revenue and Taxation Code, to read:17131.19.
(a) For taxable years beginning on or after January 1, 2022, and before January 1, 2027, gross income does not include financial assistance received by an individual taxpayer pursuant to the 2022 California Low Income Household Water Assistance Program (Cal-LIHWAP) as described in Section 12087.3 of the Government Code.SEC. 14.
Section 319 of the Welfare and Institutions Code is amended to read:319.
(a) At the initial petition hearing, the court shall examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.SEC. 15.
Section 319.3 of the Welfare and Institutions Code is amended to read:319.3.
(a) Notwithstanding Section 319, a child who is the subject of a petition under Section 300 and who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children, a short-term residential therapeutic program,SEC. 16.
Section 358.1 of the Welfare and Institutions Code is amended to read:358.1.
Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects:SEC. 17.
Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.
(a) If a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.SEC. 18.
Section 361.22 of the Welfare and Institutions Code is amended to read:361.22.
(a) (1) For a placement made on or after October 1, 2021, each placement of a child or nonminor dependent in a short-term residential therapeutic program, including the initial placement and each subsequent placement into a short-term residential therapeutic program, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to subdivision (a) of Section 352 that would cause the review to be completed more than 60 days after the start of the placement.SEC. 19.
Section 366 of the Welfare and Institutions Code is amended to read:366.
(a) (1) The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:SEC. 20.
Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.
Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:SEC. 21.
Section 366.3 of the Welfare and Institutions Code is amended to read:366.3.
(a) (1) If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the child.SEC. 22.
Section 366.31 of the Welfare and Institutions Code is amended to read:366.31.
(a) If a review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall ensure all of the following:SEC. 23.
Section 636 of the Welfare and Institutions Code is amended to read:636.
(a) If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor.(g)
SEC. 24.
Section 706.5 of the Welfare and Institutions Code is amended to read:706.5.
(a) If placement in foster care is recommended by the probation officer, or where the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study prepared by the probation officer that is received into evidence at disposition pursuant to Section 706 shall include a case plan, as described in Section 706.6. If the court elects to hold the first status review at the disposition hearing, the social study shall also include, but not be limited to, the factual material described in subdivision (c).SEC. 25.
Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.
(a) Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.SEC. 26.
Section 727.12 of the Welfare and Institutions Code is amended to read:727.12.
(a) (1) For a placement made on and after October 1, 2021, each placement of the minor or nonminor dependent in a short-term residential therapeutic program, including the initial placement and each subsequent placement into a short-term residential therapeutic program, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement.SEC. 27.
Section 727.2 of the Welfare and Institutions Code is amended to read:727.2.
The purpose of this section is to provide a means to monitor the safety and well-being of every minor in foster care who has been declared a ward of the juvenile court pursuant to Section 601 or 602 and to ensure that everything reasonably possible is done to facilitate the safe and early return of the minor to the minor’s home or to establish an alternative permanent plan for the minor.SEC. 28.
Section 2200 of the Welfare and Institutions Code is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(2)Decide, in its discretion, whether to investigate a complaint, or refer complaints to another body for investigation.
(3)Resolve complaints when possible, collaborating with facility administrators and staff to develop resolutions that may include training.
(4)
SEC. 29.
Section 2200.2 is added to the Welfare and Institutions Code, to read:2200.2.
(a) If the office of the ombudsperson decides to investigate a complaint, or refer a complaint to another body for investigation, pursuant to paragraph (1) of subdivision (d) of Section 2200, the ombudsman shall notify the complainant of the intention to investigate or refer the complaint. If the ombudsperson declines to investigate a complaint or continue an investigation, the ombudsperson shall notify the complainant of the reason.SEC. 30.
Section 2200.5 is added to the Welfare and Institutions Code, to read:2200.5.
(a) The ombudsperson shall publish and provide regular reports to the Legislature about all data collected over the course of the year, including, but not limited to, contacts to the office, complaints received, including the type and source of those complaints, investigations performed by the ombudsperson, the time to investigate and resolve complaints, the number and types of complaints referred to other agencies, the trends and issues that arose in the course of investigating complaints, pending complaints, and subsequent findings and actions taken, and a summary of the data received by the ombudsperson.SEC. 31.
Section 2200.7 is added to the Welfare and Institutions Code, to read:2200.7.
(a) The office shall hire the necessary personnel to perform the functions of the ombudsperson. In hiring decisions, priority shall be given to people who were formerly detained or committed to a juvenile justice facility.SEC. 32.
Section 4094 of the Welfare and Institutions Code is amended to read:4094.
(a) The State Department of Mental Health shall establish, by regulations adopted at the earliest possible date, but no later than December 31, 1994, program standards for any facility licensed as a community treatment facility. This section shall apply only to community treatment facilities described in this subdivision.SEC. 33.
Section 4094.2 of the Welfare and Institutions Code is amended to read:4094.2.
(a) For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs shall prepare a budget that covers the total costs of providing residential care and supervision and mental health services for their proposed programs. These costs shall include categories that are allowable under California’s Foster Care program and existing programs for mental health services. They shall not include educational, nonmental health medical, and dental costs.SEC. 34.
Section 4094.5 of the Welfare and Institutions Code is amended to read:4094.5.
Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following:SEC. 35.
Section 4096 of the Welfare and Institutions Code is amended to read:4096.
(a) This section governs interagency placement committees related to the placement of dependents and wards into short-term residential therapeutic programs, as specified in Section 11462.01, in a community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, or in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code.(v)The potential impact of transferring the responsibility to authorize, arrange or provide, and pay for, specialty mental health services from one county mental health plan to another, pursuant to Section 14717.1.
(vi)
SEC. 36.
Section 4096.6 of the Welfare and Institutions Code is amended to read:4096.6.
(a) For the purpose of this section, “family-based aftercare services” means an array of integrated services and supports that meets all of the following specifications:(2)
(3)
SEC. 37.
Chapter 7 (commencing with Section 4362) of Part 3 of Division 4 of the Welfare and Institutions Code is repealed.SEC. 38.
Section 8151.5 is added to the Welfare and Institutions Code, to read:8151.5.
This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 39.
Article 5 (commencing with Section 9156) is added to Chapter 2 of Division 8.5 of the Welfare and Institutions Code, to read:Article 5. Comprehensive Act for Families and Caregivers of Cognitively Impaired Adults
9156.
The Legislature finds all of the following:9157.
As used in this chapter:9158.
The department shall administer this chapter and establish standards and procedures as the director deems necessary in carrying out the provisions of this chapter. The standards and procedures are not required to be adopted as regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).9159.
(a) The department shall do all of the following:9160.
(a) Agencies designated as CRCs by the department shall include in their governing or advisory boards, or both, as required by the department, persons who are representative of the ethnic and socioeconomic demographic of the area served and reflective of the client groups served in the geographic area.9161.
(a) The CRCs shall deliver services to and advocate for caregivers of cognitively impaired adults, as established in the CRC Operations Manual.9162.
Each CRC shall submit progress reports on its activities as required by the department. These reports shall include, but not be limited to, a summary and evaluation of the activities of the CRC. Client, caregiver, service, and cost data shall be provided for each operating CRC.9163.
The department shall administer the statewide caregiver resource center program as a distinct state-level program separate from Title III of the federal Older Americans Act (42 U.S.C. Sec. 3021 et seq.).SEC. 40.
Section 10609.4 of the Welfare and Institutions Code is amended to read:10609.4.
(a) On or before July 1, 2000, the State Department of Social Services, in consultation with county and state representatives, foster youth, and advocates, shall do both of the following:SEC. 41.
Section 11004.1 of the Welfare and Institutions Code is amended to read:11004.1.
(a) In addition to Section 11004, this section shall apply to the CalWORKs program.SEC. 42.
Section 11266 of the Welfare and Institutions Code is amended to read:11266.
(a) At the time of application, the county shall determine whether the applicant needs immediate assistance because the applicant does not have sufficient resources to meet their emergency needs, and shall determine whether the applicant is apparently eligible for aid under this chapter.SEC. 43.
Section 11330.7 of the Welfare and Institutions Code is amended to read: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 the individual’s own participation.SEC. 44.
Section 11403 of the Welfare and Institutions Code is amended to read:11403.
(a) It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Nonminor dependents are eligible to receive support until they reach 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature, both at the time of initial determination of the nonminor dependent’s eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependent’s ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.SEC. 45.
Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.
(a) The following persons are eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(C)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth participating in the Transitional Housing Program-Plus as of July 1 2020, without regard to their age or length of time they have received services, until June 30, 2021.
SEC. 46.
Section 11450 of the Welfare and Institutions Code, as amended by Section 21 of Chapter 696 of the Statutes of 2021, 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 |
SEC. 47.
Section 11450 of the Welfare and Institutions Code, as amended by Section 22 of Chapter 696 of the Statutes of 2021, 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 |
SEC. 48.
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.SEC. 49.
Section 11450.027 is added to the Welfare and Institutions Code, to read:11450.027.
(a) It is the intent of the Legislature that, upon an appropriation in the annual Budget Act, maximum aid payments in the CalWORKs program are sufficient to ensure that no child lives in deep poverty. As stated in Section 11450.022, it is the intent of the Legislature to increase CalWORKs maximum aid payments 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, accounting for families with an unaided family member and when children in these families receive a proportionally reduced grant. It is further the intent of the Legislature that, upon an appropriation in the annual Budget Act, maximum aid payments increase in accordance with the growth of the federal poverty level to continue to ensure that no child lives in deep poverty. For purposes of this subdivision, “deep poverty” means at or below 50 percent of the federal poverty level.SEC. 50.
Section 11461 of the Welfare and Institutions Code is amended to read:11461.
(a) For children or, on and after January 1, 2012, nonminor dependents placed in a licensed or approved family home with a capacity of six or less, or in an approved home of a relative or nonrelated legal guardian, or the approved home of a nonrelative extended family member, as described in Section 362.7, or, on and after January 1, 2012, a supervised independent living placement, as defined in subdivision (w) of Section 11400, the per child per month basic rates in the following schedule shall be in effect for the period July 1, 1989, through December 31, 1989:Age | Basic rate |
---|---|
0–4
........................
| $ 294 |
5–8
........................
| $ 319 |
9–11
........................
| $ 340 |
12–14
........................
| $ 378 |
15–20
........................
| $ 412 |
Age | Basic rate |
---|---|
0–4
........................
| $ 609 |
5–8
........................
| $ 660 |
9–11
........................
| $ 695 |
12–14
........................
| $ 727 |
15–20
........................
| $ 761 |
SEC. 51.
Section 11461.36 of the Welfare and Institutions Code is amended 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.(E)The department shall consider extending the payments required pursuant to subdivision (b) beyond the 90-day limit identified in subparagraph (D) if it makes a determination that the resource family approval process cannot be completed within 90 days due to circumstances outside of a county’s control.
SEC. 52.
Section 11461.6 of the Welfare and Institutions Code is amended to read:11461.6.
(a) The Emergency Child Care Bridge Program for Foster Children is hereby established, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for(B)Prior to January 1, 2021, licensed foster family homes or certified family homes.
(C)Prior to January 1, 2021, approved homes of relatives, as defined in Section 319, or nonrelative extended family members, as described in Section 362.7.
(D)
(k)This section shall become operative on January 1, 2018.
SEC. 53.
Section 11462 of the Welfare and Institutions Code is amended to read:11462.
(a) The department shall commence development of a new payment structure for short-term residential therapeutic program placements claiming Title IV-E funding, in consultation with county placing agencies and providers.SEC. 54.
Section 11462 of the Welfare and Institutions Code is amended to read:11462.
(a) The department shall commence development of a new payment structure for short-term residential therapeutic program placements claiming Title IV-E funding, in consultation with county placing agencies and providers.SEC. 55.
Section 11462 of the Welfare and Institutions Code is amended to read:11462.
(a) The department shall commence development of a new payment structure for short-term residential therapeutic program placements claiming Title IV-E funding, in consultation with county placing agencies and providers.SEC. 56.
Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.
(a) (1) If a program will admit Medi-Cal beneficiaries, no later than 12 months following the date of initial licensure, a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 of this code and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall obtain a contract, subject to an agreement on rates and terms and conditions, with a county mental health plan to provide specialty mental health services and demonstrate the ability to meet the therapeutic needs of each child, as identified in any of the following:SEC. 57.
Section 11463 of the Welfare and Institutions Code is amended to read:11463.
(a) The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies.SEC. 58.
Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.
(a) The department may terminate a program rate if any of the following conditions are met:SEC. 59.
Section 12201.06 of the Welfare and Institutions Code is amended to read:12201.06.
(a) 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.(3)Subject to an appropriation in the Budget Act of 2023, an additional grant increase shall commence January 1, 2024, subject to the same calculations, notifications, and implementation as described in paragraphs (1) and (2).
SEC. 60.
Section 12300.6 is added to the Welfare and Institutions Code, to read:12300.6.
(a) Effective no sooner than October 1, 2022, and no later than 60 days after the date of the final all-county letter, a county or a public authority, as established pursuant to Section 12301.6, in collaboration with the applicable county, shall administer a backup provider system for in-home supportive services and waiver personal care services providers in compliance with the requirements of this section and Section 12300.5.SEC. 61.
Section 12301.24 of the Welfare and Institutions Code, as amended by Section 70 of Chapter 11 of the Statutes of 2020, is amended to read:12301.24.
(a)(c)Between November 1, 2009, and June 30, 2010, all current providers shall receive the information described in this section. Following receipt of this information, a provider shall submit a signed agreement, consistent with the requirements of this section, to the
appropriate county office.
(d)
(e)Beginning no later than April 1, 2015, all of the following shall apply:
(f)
SEC. 62.
Section 12301.24 of the Welfare and Institutions Code, as amended by Section 438 of Chapter 615 of the Statutes of 2021, is amended to read:12301.24.
(a)(c)Between November 1, 2009, and June 30, 2010, all current providers shall receive the information described in this section. Following receipt of this information, a provider shall submit a
signed agreement, consistent with the requirements of this section, to the appropriate county office.
(d)
(e)Beginning no later than April 1, 2015, all of the following shall apply:
(f)
SEC. 63.
Section 12301.61 of the Welfare and Institutions Code is amended to read:12301.61.
(a) On or after October 1, 2021, if a public authority or nonprofit consortium established pursuant to Section 12301.6, acting as the employer of record, and the employee organization have not reached an agreement on a bargaining contract with in-home supportive services workers, either party may request mediation, pursuant to Section 3505.2 of the Government Code, which shall be mandatory. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c). The mediation shall be held no more than 15 business days from the date requested by either party.SEC. 64.
Section 13753 of the Welfare and Institutions Code is amended to read:13753.
When a foster youth who is receiving SSI payments is approachingSEC. 65.
Section 13753 is added to the Welfare and Institutions Code, to read:13753.
(a) When a foster youth is receiving SSI payments, the county shall do all of the following at least six months before the youth’s 18th birthday:SEC. 66.
Section 13754 of the Welfare and Institutions Code is amended to read:13754.
(a) It is the intent of the Legislature that nothing in this section shall be interpreted to preclude a nonminor dependent from accessing the same benefits, services, and supports, and exercise the same choices available to all dependents. It is further the intent of the Legislature that nonminor dependents who receive federal Supplemental Security Income benefits can serve as their own payee, if it is determined that the nonminor dependent satisfies the criteria established by the Social Security Administration, and should be assisted in receiving direct payment by the county child welfare department. It is further the intent of the Legislature that individuals who have had their eligibility for federal Supplemental Security Income benefits established pursuant to Section 13757 be able to maintain that eligibility even when they remain in the state’s care as a nonminor dependent. In order to facilitate this, it is the intent of the Legislature that the county child welfare agency ensure that the youth receives an SSI payment during at least one month of each 12-month period while the youth is a nonminor dependent. It is further the intent of the Legislature that the county child welfare agency supplement the SSI payment that a youth receives during this one-month period with nonfederal AFDC-FC benefits.SEC. 67.
Section 13754 is added to the Welfare and Institutions Code, to read:13754.
(a) It is the intent of the Legislature that this section shall not be interpreted to preclude a nonminor dependent from accessing the same benefits, services, and supports, and exercise the same choices available to all dependents. It is further the intent of the Legislature that nonminor dependents who receive federal Supplemental Security Income benefits can serve as their own payee, if it is determined that the nonminor dependent satisfies the criteria established by the Social Security Administration, and should be assisted in receiving direct payment by the county placing agency. It is further the intent of the Legislature that individuals who have had their eligibility for federal Supplemental Security Income benefits established pursuant to Section 13757 be able to maintain that eligibility even when they remain in the state’s care as a nonminor dependent. In order to facilitate this, it is the intent of the Legislature that the county placing agency ensure that the youth receives an SSI payment during at least one month of each 12-month period while the youth is a nonminor dependent. It is further the intent of the Legislature that the county placing agency supplement the SSI payment that a youth receives during this one-month period with nonfederal AFDC-FC benefits.SEC. 68.
Section 13757 of the Welfare and Institutions Code is amended to read:13757.
(a) (1) Subject to paragraph (2), every youth who is in foster care and nearing emancipation shall be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program utilizing the best practice guidelines developed pursuant to Section 13752.SEC. 69.
Section 13757 is added to the Welfare and Institutions Code, to read:13757.
(a) (1) Subject to paragraph (2), every youth over 16 years of age who is in foster care under the supervision of the county child welfare department, juvenile probation department, or tribal organization, if the tribal organization requests the screening from the county, shall be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program utilizing the best practice guidelines developed pursuant to Section 13752.SEC. 70.
Section 15768 is added to the Welfare and Institutions Code, to read:15768.
(a) The department shall select and award grants to private nonprofit or public entities for the purpose of establishing a statewide multipurpose adult protective services workforce development and training program in accordance with this section.SEC. 71.
Section 16001 of the Welfare and Institutions Code is amended to read:16001.
(a) The State Department of Social Services shall provide technical assistance to encourage and facilitate the county placement agency’s evaluation of placement needs and the development of needed placement resources and programs. County placement agencies shall, on a regular basis, conduct an evaluation of the county’s placement resources and programs in relation to the needs of children and nonminor dependents placed in out-of-home care. County placement agencies shall examine the adequacy of existing placement resources and programs and identify the type of additional placement resources and programs needed. The county placement agency shall specifically examine both of the following:SEC. 72.
Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.
(a) (1) The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.SEC. 73.
Section 16501.35 of the Welfare and Institutions Code is amended to read:16501.35.
(a) On or before September 29, 2016, county child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following:SEC. 74.
Section 16501.45 of the Welfare and Institutions Code is amended to read:16501.45.
(a) To ensure compliance with federal reporting requirements, including those of Public Law 113-183, the Preventing Sex Trafficking and Strengthening Families Act, the State Department of Social Services shall ensure that theSEC. 75.
Section 16501.5 of the Welfare and Institutions Code is amended to read:16501.5.
(a) In order to protect children and effectively administer and evaluate California’s Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.SEC. 76.
Section 16501.6 of the Welfare and Institutions Code is amended to read:16501.6.
(a) It is the intent of the Legislature for the State Department of Social Services to enhance theSEC. 77.
Section 16501.95 of the Welfare and Institutions Code is amended to read:16501.95.
(a) The State Department of Social Services shall determine which entities meet the definition of a “child welfare contributing agency,” as defined in Section 1355.51 of Title 45 of the Code of Federal Regulations.SEC. 78.
Section 16523.58 of the Welfare and Institutions Code is amended to read:16523.58.
System Changes. Pursuant to existing reporting requirements on the replacement statewide child welfare information system, Child Welfare Services – California Automated Response and Engagement System (CWS-CARES), the updates described in Section 16523.5 shall include a status update on the automation changes to the existing statewide child welfare information system, Child Welfare Services/Case Management System (CWS/CMS) and licensing systems needed to support CCR implementation, including, but not limited to, support for Child and Adolescent Needs and Strengths (CANS), the RFA process, LOCP, and other programmatic elements.SEC. 79.
Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.
(a) The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that theSEC. 80.
Section 16587 of the Welfare and Institutions Code is amended to read:16587.
(a) A county may elect to provide the prevention services under this chapter by providing a written plan to the State Department of Social Services, in accordance with instructions issued by the department. A county shall promptly notify the department of any changes to the written plan, including, but not limited to, an elimination or reduction of services. During the first year of implementation, a county may elect to provide the prevention services under this chapter by providing a written notice to the department while the county continues to develop its written plan. The county shall consult with other relevant county agencies that serve families and children, Indian tribes, local community representatives, caseworkers, and individuals and families with lived experience with the child welfare system in the development and ongoing implementation of the plan.SEC. 81.
Section 16589 of the Welfare and Institutions Code is amended to read:16589.
(a) The State Department of Social Services shall have oversight of the Family First Prevention Services program established under this chapter. The department shall consult with the State Department of Health Care Services on any letters or instructions for the Family First Prevention Services program that intersect with services under the Medi-Cal program. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this chapter by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.SEC. 82.
Section 18358.30 of the Welfare and Institutions Code is amended to read:18358.30.
(a) Rates for foster family agency programs participating under this chapter shall be exempt from the current AFDC-FC foster family agency ratesetting system.Service | In-Home Support |
---|---|
and | Counselor Hours |
Rate Level | Per Month |
A | 98-114 hours |
B | 81-97 hours |
C | 64-80
hours |
D | 47-63 hours |
Service | In-Home Support |
and | Counselor Hours |
Rate Level | Per Month |
Level I | 81-114 hours |
Level II | 47-80 hours |
Level III | Less than 47 hours |
Service | Fiscal Year |
---|---|
and | 1998-99 |
Rate Level | Standard Rate |
A | $3,957 |
B | $3,628 |
C | $3,290 |
D | $2,970 |
E | $2,639 |
Service | |
and | |
Rate Level | Standard Rate |
Level I | $5,581 |
Level II | $4,798 |
Level III | $4,034 |
SEC. 83.
Section 18900.8 of the Welfare and Institutions Code is amended to read:18900.8.
The State Department of Social Services shall work with representatives of county human services agencies and the County Welfare Directors Association of California to update the budgeting methodology used to determine the annual funding for county administration of the CalFresh program beginning with theSEC. 84.
Section 18926.8 is added to the Welfare and Institutions Code, to read:18926.8.
(a) There is hereby established in the State Treasury the CalFresh E&T Workers’ Compensation Fund for the purpose of paying workers’ compensation claims resulting from CalFresh recipients’ participation in the CalFresh E&T program. Notwithstanding Section 13340 of the Government Code, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the State Department of Social Services for the payment of workers’ compensation claims to CalFresh E&T participants.SEC. 85.
Section 18928.5 is added to the Welfare and Institutions Code, to read:18928.5.
(a) No later than January 1, 2024, to assist in monitoring information about access to the CalFresh program by students enrolled in an institution of higher education, the department shall publish data specific to students’ receipt of CalFresh benefits on the department’s existing CalFresh Data Dashboard.SEC. 86.
Section 18930 of the Welfare and Institutions Code, as added by Section 87 of Chapter 85 of the Statutes of 2021, is amended to read:18930.
(a) There is hereby created the California Food Assistance Program (CFAP).(1)Subject to an appropriation in the Budget Act of 2023, the Legislature intends to begin a targeted, age-based implementation of the expansion of CFAP regardless of immigration status.
SEC. 87.
Section 18930.5 of the Welfare and Institutions Code is amended to read:18930.5.
(a) As a condition of eligibility for assistance under this chapter:(b)This section shall become operative on September 1, 1998.
SEC. 88.
Section 18930.5 is added to the Welfare and Institutions Code, to read:18930.5.
(a) A recipient of benefits under this chapter shall not be required to meet the work requirement under the federal Supplemental Nutrition Assistance Program, as specified in Section 2015(o) of Title 7 of the United States Code, or any work registration requirements.SEC. 89.
Chapter 10.2 (commencing with Section 18936) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:CHAPTER 10.2. Tribal Nutrition Assistance
18936.
(a) It is the intent of the Legislature to provide supplemental nutrition benefits to households that are ineligible for CalFresh benefits solely because they receive United States Department of Agriculture (USDA) foods through the federal Food Distribution Program on Indian Reservations (FDPIR) when the federal program benefits are less than those provided by the CalFresh program.SEC. 90.
Section 18995 of the Welfare and Institutions Code is amended to read:18995.
(a) The State Emergency Food Assistance Program, which is administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.(d)This section shall become operative on July 1, 2019.
SEC. 91.
Section 18997.2 is added to the Welfare and Institutions Code, to read:18997.2.
(a) The department may establish an appropriate method, process, and structure for grant management, fiscal accountability, payments to guaranteed income pilot participants, and technical assistance and supports for grantees that ensure transparency and accountability in the use of state funds. The department may, at its discretion, contract with one or more entities, including, but not limited to, community development financial intermediaries, state financial entities, or community-based organizations, for these purposes.SEC. 92.
Section 18997.3 is added to the Welfare and Institutions Code, to read:18997.3.
Notwithstanding any other law, the department may accept and, subject to an appropriation for this purpose, expend funds from nongovernmental sources for any grant or contract described in this chapter.SEC. 93.
Section 18997.2 of the Welfare and Institutions Code is amended and renumbered to read:18997.2. 18997.4.
This chapter shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.SEC. 94.
Section 135 of Chapter 27 of the Statutes of 2019, as amended by Section 27 of Chapter 104 of the Statutes of 2020, is amended to read:Sec. 135.
(a) Notwithstanding any other law, contracts or grants identified in subdivision (b), necessary for the State Department of Social Services to implement or evaluate the continuum of care reform as provided by Chapter 773 of the Statutes of 2015, Chapter 612 of the Statutes of 2016, Chapter 732 of the Statutes of 2017, and Chapter 910 of the Statutes of 2018, are exempt from all of the following:SEC. 95.
(a) The Legislature finds and declares that the people of California have benefited from the establishment of a Foster Youth Ombudsperson pursuant to Section 16160 of the Welfare and Institutions Code, a long-term care ombudsperson pursuant to Section 9710 of the Welfare and Institutions Code, and a childcare ombudsperson program pursuant to Section 1596.872a of the Health and Safety Code.SEC. 96.
The Legislature finds and declares that Section 29 of this act, which adds Section 2200.2 of the Welfare and Institutions Code, 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. 97.
(a) For the purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Section 17131.19 of the Revenue and Taxation Code, as added by this act, the Legislature finds and declares that the purpose of the exclusion allowed by Section 17131.19 of the Revenue and Taxation Code is to provide financial relief to California residents, including, in particular, low-income residents, to alleviate, in part, the adverse impacts of the economic disruptions and hardships resulting from the COVID-19 emergency.SEC. 98.
The State Department of Social Services shall calculate and track what the payment levels and associated General Fund costs, as set forth in Section 12200 of the Welfare and Institutions Code, would have been if annual state cost-of-living adjustments had been provided annually, beginning on January 1, 2009, and each year thereafter. The annual state cost-of-living adjustment calculations shall be based on the California Necessities Index and be applied only to the state portion of the grant. This information shall be provided by the department at the same time as the Governor’s Budget, in writing to the appropriate policy and fiscal committees of the Legislature, and on the department’s internet website, commencing January 10, 2023, and annually thereafter.SEC. 99.
(a) (1) The State Department of Social Services shall adopt regulations necessary to implement this act.SEC. 100.
To the extent that this act has an overall effect of increasing certain 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. 101.
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 2021.