Bill Text: CA SB1041 | 2011-2012 | Regular Session | Chaptered
Bill Title: Human services.
Spectrum: Unknown
Status: (Passed) 2012-06-27 - Chaptered by Secretary of State. Chapter 47, Statutes of 2012. [SB1041 Detail]
Download: California-2011-SB1041-Chaptered.html
BILL NUMBER: SB 1041 CHAPTERED
BILL TEXT
CHAPTER 47
FILED WITH SECRETARY OF STATE JUNE 27, 2012
APPROVED BY GOVERNOR JUNE 27, 2012
PASSED THE SENATE JUNE 27, 2012
PASSED THE ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY JUNE 26, 2012
AMENDED IN ASSEMBLY JUNE 26, 2012
INTRODUCED BY Committee on Budget and Fiscal Review
FEBRUARY 6, 2012
An act to amend Sections 17311.5 and 17706 of the Family Code, to
amend Sections 1522 and 1596.871 of the Health and Safety Code, to
amend Section 6151 of the Revenue and Taxation Code, and to amend
Sections 11320.1, 11320.3, 11325.71, 11329.5, 11462.04, 11464, 11487,
12301.06, 12305.87, 12306.6, 14124.93, 15525, 18285, 19704, 19705,
and 19709 of, to amend the heading of Chapter 7 (commencing with
Section 19700) of Part 2 of Division 10 of, to amend, repeal, and add
Sections 11322.63, 11322.8, 11451.5, and 11454.5 of, to add Sections
11265.45, 11265.46, 11265.47, 11265.48, 11322.85, 11322.86,
11322.87, 11334.6, 19705.1, and 19710 to, to repeal Sections
12301.03, 12301.05, 14132.957, 19700, 19701, 19702, and 19706 of, to
repeal Part 1.75 (commencing with Section 10200) of Division 9 of,
and to repeal, add, and repeal Section 11334.8 of, the Welfare and
Institutions Code, and to amend Section 72 of Chapter 32 of the
Statutes of 2011, relating to human services, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 1041, Committee on Budget and Fiscal Review. Human services.
Under existing law, the parents of a minor child are responsible
for supporting the child. Existing law establishes the Department of
Child Support Services, which administers all federal and state laws
and regulations relating to child support enforcement obligations.
The Director of Child Support Services is also responsible for
implementing and managing the statewide automated child support
system, which includes the State Disbursement Unit. Existing law
establishes the Child Support Payment Trust Fund in the State
Treasury and authorizes the deposit of child support payments
received by the State Disbursement Unit into that fund, including
overpayments, for the purpose of processing and providing child
support payments. Under existing law, the Department of Child Support
Services may enter into a trust agreement with an intermediary to
receive or disburse child support collections. A trust agreement
under these provisions may create trust accounts held outside the
State Treasury.
This bill, for the 2012-13 fiscal year only, would authorize money
in those trust accounts to be invested in specified securities or
alternatives that offer comparable security, including mutual funds
and money market funds. The bill would not authorize an investment or
transfer that would interfere with the objective of the Child
Support Payment Trust Fund.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program, using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds.
Under existing law, the county is required to annually redetermine
eligibility for CalWORKs benefits. Existing law additionally
requires the county to redetermine recipient eligibility and grant
amounts on a quarterly basis, using prospective budgeting, and to
prospectively determine the grant amount that a recipient is entitled
to receive for each month of the quarterly reporting period. Under
existing law, a CalWORKs recipient is required to report to the
county, orally or in writing, specified changes that could affect the
amount of aid to which the recipient is entitled. Under existing
law, the CalWORKs quarterly reporting system becomes inoperative on
October 1, 2013. A semiannual reporting system becomes operative on
April 1, 2013, and is required to be implemented by counties no later
than October 1, 2013, as specified.
This bill, notwithstanding existing law, would exempt a CalWORKs
assistance unit that does not include an eligible adult from periodic
reporting requirements other than the annual redetermination, and
would specify grant calculation income reporting thresholds,
recipient reporting duties, and other criteria applicable to these
assistance units.
Under existing law, a parent or caretaker relative is ineligible
for CalWORKs aid when he or she has received aid for a cumulative
total of 48 months, as specified. Certain months are not counted as
months of aid for purposes of calculating the 48-month time limit.
Under the CalWORKs program, certain recipients are required to
participate in specified welfare-to-work activities, unless an
applicable exemption applies. Exempted individuals include, until
July 1, 2012, a parent or other relative who has primary
responsibility for personally providing care to one child who is from
12 to 23 months of age, inclusive, or 2 or more children who are
under 6 years of age.
This bill would make the caregiver exemption described above
inoperative on January 1, 2013. The bill would require counties to
reengage the exempted individuals in welfare-to-work activities, by
October 1, 2014, except as specified. The bill also would create a
similar, one-time exemption for caregivers of a child from birth to
23 months of age, inclusive, as specified, and would provide,
effective January 1, 2013, that a month during which this exemption
applies and a month during which a recipient was exempted under the
prior exemption and has not been reengaged would not be counted as a
month of receipt of aid for the recipient. By expanding eligibility
for CalWORKs aid under some circumstances, this bill would make an
appropriation, and by expanding county duties, the bill also would
impose a state-mandated local program.
Existing law requires a participant to participate for at least 20
hours per week in core activities, as specified.
This bill effective January 1, 2013, would modify the number of
welfare-to-work participation hours to conform to certain federal
requirements, and would eliminate the above-described requirement
relating to core activities.
This bill would revise welfare-to-work requirements applicable to
new CalWORKs recipients, on and after January 1, 2013. These
recipients would receive 24 months of specified welfare-to-work
services and activities, and would then be required to meet federal
work participation requirements, as specified, unless they are
exempted from participation, or receive an extension, as prescribed.
By increasing county duties, the bill would impose a state-mandated
local program.
Existing law gives counties, through the 2011-12 fiscal year, the
option to redirect funding, both from and to the amounts appropriated
for CalWORKs mental health employment assistance services and
CalWORKs substance abuse treatment services, and from and to other
CalWORKs employment services that are necessary for individuals to
participate in welfare-to-work activities.
This bill would extend this county authority through the 2013-14
fiscal year.
Existing law provides that certain amounts are exempt from the
calculation of income of the family for purposes of determining
eligibility for benefits under the CalWORKs program. Certain exempt
amounts are calculated based on the amount of disability-based
unearned income and earned income. State funds are continuously
appropriated to pay for a share of costs under the CalWORKs program.
This bill would change the exempt amount described above by
revising the calculation. To the extent that this bill would expand
CalWORKs eligibility or increase grant amounts, the bill would make
an appropriation. In addition, by increasing county administrative
duties, the bill would impose a state-mandated local program.
Existing law provides that when aid under the CalWORKs program is
repaid to the state by means of child support collections, the state
is entitled to the entire amount of the aid repaid, except where
federal and county funds were paid, in which case the federal
government remains entitled to a proportionate share of the amount
received or recovered and the county remains entitled to its
proportionate share, except for county funds received or recovered
during the 2011-12 fiscal year, which are retained by the state.
This bill would extend the suspension of the county's recovery of
repaid funds under the above provisions, for the 2012-13 fiscal year,
thus allowing the state to retain those funds.
Existing law provides that the 10 counties with the best
performance standards shall receive an additional 5% of the state's
share of those counties' collections that are used to reduce or repay
aid that is paid under the California Work Opportunity and
Responsibility to Kids (CalWORKs) program. Existing law requires
these additional funds received by a county to be used for specified
child support-related activities. Existing law suspends the payment
of this additional 5% for the 2002-03 to 2011-12 fiscal years,
inclusive.
This bill would extend the suspension of the additional 5%
payments through the 2014-15 fiscal year.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, and
under which qualified low-income persons receive health care
services. Existing law requires the Department of Child Support
Services to provide payments to the local child support agency of $50
per case for obtaining 3rd-party health coverage or insurance of
Medi-Cal beneficiaries, to the extent that funds are appropriated in
the Budget Act. Under existing law, these payments are suspended for
the 2003-04 to 2011-12 fiscal years, inclusive.
This bill would extend the suspension of the above-described
payments to local child support agencies through the 2014-15 fiscal
year.
Existing law requires the State Department of Social Services,
before issuing a license or special permit to any person to operate
or manage a community care facility or a day care facility, to secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other specified person has
ever been convicted of various crimes. Existing law, except during
the 2003-04 to the 2011-12 fiscal years, inclusive, prohibits the
Department of Justice and the State Department of Social Services
from charging a fee for the fingerprinting of an applicant for a
license to operate a community care facility that will provide
nonmedical board, room, and care for 6 or fewer children, the
fingerprinting of a day care facility applicant that will serve 6 or
fewer children, or any family day care applicant, or for obtaining a
criminal record of these applicants.
This bill would extend this authorization through the 2012-13
fiscal year.
Under existing law, one of the methods by which Medi-Cal program
services are provided is pursuant to contracts with various types of
managed care plans. Existing federal law provides for the federal
Medicare Program, which is a public health insurance program for
persons 65 years of age and older and specified persons with
disabilities who are under 65 years of age. Existing law also
provides for the county-administered In-Home Supportive Services
(IHSS) program, under which, either through employment by the
recipient, by or through contract by the county, by the creation of a
public authority, or pursuant to a contract with a nonprofit
consortium, qualified aged, blind, and disabled persons receive
services enabling them to remain in their own homes.
Existing law requires the State Department of Health Care Services
to establish a medication machine pilot project for certain at-risk
Medi-Cal recipients, as specified, and designates the duties of the
department in this regard. Existing law requires the State Department
of Social Services, if the Department of Finance makes a specified
determination, to implement, with some exceptions, a reduction in
authorized hours of service to each IHSS recipient, as prescribed.
This bill would delete these latter provisions.
Existing law makes specified findings and declarations with
respect to the effect of decreased funding for CalWORKs for the
2009-10 to 2011-12 fiscal years, inclusive. In connection with this
decreased funding, existing law extends certain exemptions from
months counted as a month of receipt of aid, and allows counties to
redirect funding between specified employment assistance and
substance abuse treatment programs during the specified fiscal years,
and to revise a specified welfare-to-work exemption in order to
implement the county's portion of specified funding reductions.
This bill would extend the above provisions indefinitely to apply
to specified decreases in CalWORKs funding.
Existing law requires recipients of aid under the CalWORKs program
who are under 19 years of age who are pregnant or custodial parents
to participate in certain educational programs, which are referred to
as the Cal-Learn Program. Existing law makes the Cal-Learn Program
inoperative until July 1, 2012, except as specified.
This bill would provide that from July 1, 2012, to March 31, 2013,
inclusive, counties be provided full or partial year funding,
depending on the pace of their progression to full implementation of
the Cal-Learn Program by April 1, 2013. By increasing the duties of
counties, this bill would impose a state-mandated local program.
This bill would require the State Department of Social Services to
submit a report to the budget committees of the Legislature with
specified information relating to the Cal-Learn Program.
Existing law prohibits the establishment of a new group home rate
or change to an existing rate under the AFDC-FC program for a
prescribed period, except for exemptions granted on a case-by-case
basis, and repeals this prohibition on January 1, 2013.
This bill would limit exceptions for any program with a rate
classification level (RCL) below 10 to exceptions associated with a
program change.
Existing law also requires the State Department of Social Services
to implement a 3.6% reduction in service hours to each IHSS
recipient, until July 1, 2012.
This bill would extend this reduction in service hours through
July 1, 2013.
Existing law, the Sales and Use Tax Law, imposes a sales tax on
retailers for the privilege of selling tangible personal property at
retail, measured by the gross receipts from the sale of tangible
personal property sold at retail in this state. A violation of
specified provisions of this law is a crime. Existing law similarly
imposes a sales tax on providers of support services for the
privilege of selling support services at retail, measured by the
gross receipts from the sale of those services in this state at a
specified rate of those gross receipts.
Existing law creates the Personal Care IHSS Quality Assurance
Revenue Fund in the State Treasury, and requires the revenue from the
tax, less refunds, to be deposited in the fund. The fund is
continuously appropriated to the State Department of Social Services
for purposes of providing specified supplementary payments to
providers of in-home supportive services. Existing law requires the
IHSS provider tax and related supplementary payments to be
implemented no earlier than July 1, 2010.
This bill would extend the earliest implementation date for the
provider tax and supplementary payment provisions to January 1, 2012.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers, including group homes, on behalf
of qualified children in foster care, according to a schedule of
basic foster care rates. The program is funded by a combination of
federal, state, and county funds. Under existing law, the basic
AFDC-FC rates are adjusted annually on July 1 by the annual
percentage change in the California Necessities Index applicable to
the calendar year within which that July 1 occurs.
Existing law declares the need to provide enhanced reimbursement
to address the extraordinary care and supervision needs of children
who are consumers of regional center services and also receiving
AFDC-FC, Kinship Guardianship Assistance Payment Program (Kin-GAP),
or Adoption Assistance Program (AAP) benefits, at a rate that is
higher than the average rate they would otherwise receive through the
foster care system and higher than the rate other children with
medical and other significant special needs receive. Existing law
requires that if the schedule of foster care basic rates is increased
on or after January 1, 2008, these enhanced rates shall be similarly
adjusted.
This bill would revise the requirements relating to the adjustment
of the enhanced rates payable for children who are dually eligible,
as described above, to instead require those rates to be annually
adjusted by the percentage change in the California Necessities
Index, beginning with the 2011-12 fiscal year.
Existing law requires the State Department of Social Services to
establish a Work Incentive Nutritional Supplement (WINS) program,
under which each county is required to provide a $40 monthly
additional food assistance benefit for each eligible food stamp
household, as defined. Under existing law, the WINS program, in
tandem with a preassistance employment readiness system (PAERS)
program, are required to be implemented by the department on
specified dates.
This bill would reduce the amount of the WINS benefit to $10 per
month and would revise the various dates applicable to the
implementation of the programs.
Existing law creates the Child Health and Safety Fund, consisting
of revenues from a specified license plate program and civil
penalties imposed on child day care facility providers. Upon
appropriation by the Legislature, 50% of those moneys in the fund
derived from the license plate program are required to be expended to
address various child health and safety concerns, as specified.
This bill would include an additional $501,000 allocation, upon
appropriation by the Legislature, for these purposes.
Existing law vests in the Department of Rehabilitation the
responsibility and authority for the provision of vocational
rehabilitation services to individuals with physical or mental
disabilities. Existing law provides for the Rehabilitation Appeals
Board within the department to hear appeals, as prescribed, that have
been filed with the board by any applicant for, or client of, the
department. Existing law provides that any applicant for, or client
of, the department, upon filing a request, as prescribed, has the
right to a fair hearing before the board that is required to be held
within 45 days of the date the written request is received by the
board.
This bill would eliminate the Rehabilitation Appeals Board,
provide that a fair hearing will be held before an impartial hearing
officer within 60 days of a written request for a hearing, and make
related changes.
Existing law requires the State Department of Social Services, in
consultation with designated stakeholders in the In-Home Supportive
Services program, to develop a new ratesetting methodology for public
authority administrative costs, to go into effect commencing with
the 2012-13 fiscal year.
This bill would delay the effective date of the new ratesetting
methodology to the 2013-14 fiscal year.
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. Existing law also requires the
department, in partnership with the Office of Systems Integration
(OSI) and designated stakeholders, to perform various activities
regarding the effectiveness and operation of the CWS/CMS, and to
report on these activities to the Legislature, by January 10, 2012.
This bill would require the State Department of Social Services to
use funding included in the Budget Act of 2012 related to
replacement of the CWS/CMS for the next steps necessary to move
forward with the recommendation of the Child Welfare Automation Study
Team (CAST) to proceed toward procuring a new system, as specified.
The bill would require the OSI and the department to report the
results of these activities, in addition to key milestones and
anticipated timelines, to the Legislature by March 1, 2013, for
review during the 2013 budget hearings.
This bill would require the State Department of Social Services
and the Office of Systems Integration to have a qualified 3rd party
conduct a cost-reasonableness assessment of the costs proposed by the
vendor to migrate the Consortium-IV counties to the newly developed
Los Angeles Eligibility, Automated Determination, Evaluation and
Reporting (LEADER) Replacement System, in order to determine whether
the proposed overall costs are within range of reasonableness, based
on specified factors.
This bill would require the State Department of Social Services,
in consultation with stakeholders, including counties advocates, and
legislative staff, to convene a work group to identify best practices
and other strategies to improve early welfare-to-work engagement and
barrier removal efforts, to maximize a recipient's welfare-to-work
opportunities, as specified. The bill would require the work group to
report its findings to the Legislature by January 10, 2013.
This bill would require the State Department of Social Services to
annually update the Legislature regarding the changes made by the
bill to the CalWORKs program, and contract with an independent,
research-based institution for an evaluation and written report, with
specified contents, which would be provided to the Legislature by
October 1, 2017.
This bill would authorize the State Department of Social Services
to implement certain of its provisions by all-county letters or
similar instructions, pending the adoption of emergency regulations
by July 1, 2014.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would appropriate $1,000 from the General Fund to the
California Health and Human Services Agency for administration.
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 17311.5 of the Family Code is amended to read:
17311.5. (a) The department may enter into a trust agreement with
a trustee or fiscal intermediary to receive or disburse child
support collections. The trust agreement may contain provisions the
department deems reasonable and proper for the security of the child
support payments. Any trust accounts created by the trust agreements
may be held outside the State Treasury.
(b) For the 2012-13 fiscal year only, trust account moneys may be
invested in any of the types of securities listed in Section 16430 of
the Government Code or alternatives offering comparable security,
including, but not limited to, mutual funds and money market funds.
This subdivision does not authorize investments or transfers that
would interfere with carrying out the objective for which the Child
Support Payment Trust Fund was created.
SEC. 2. Section 17706 of the Family Code is amended to read:
17706. (a) It is the intent of the Legislature to encourage
counties to elevate the visibility and significance of the child
support enforcement program in the county. To advance this goal,
effective July 1, 2000, the counties with the 10 best performance
standards pursuant to clause (ii) of subparagraph (B) of paragraph
(2) of subdivision (b) of Section 17704 shall receive an additional 5
percent of the state's share of those counties' collections that are
used to reduce or repay aid that is paid pursuant to Article 6
(commencing with Section 11450) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code. The counties shall use the
increased recoupment for child support-related activities that may
not be eligible for federal child support funding under Part D of
Title IV of the Social Security Act, including, but not limited to,
providing services to parents to help them better support their
children financially, medically, and emotionally.
(b) The operation of subdivision (a) shall be suspended for the
2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09,
2009-10, 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15 fiscal
years.
SEC. 3. Section 1522 of the Health and Safety Code is amended to
read:
1522. The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home of a
licensed foster family agency. Therefore, the Legislature supports
the use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII), to be used for applicant fingerprints. It is the
intent of the Legislature in enacting this section to require the
fingerprints of those individuals whose contact with community care
clients may pose a risk to the clients' health and safety. An
individual shall be required to obtain either a criminal record
clearance or a criminal record exemption from the State Department of
Social Services before his or her initial presence in a community
care facility.
(a) (1) Before issuing a license or special permit to any person
or persons to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law
enforcement agency a criminal record to determine whether the
applicant or any other person specified in subdivision (b) has ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 or 273.5, of the Penal Code, subdivision
(b) of Section 273a of the Penal Code, or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
(2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
(3) Except during the 2003-04 to the 2012-13 fiscal years,
inclusive, neither the Department of Justice nor the State Department
of Social Services may charge a fee for the fingerprinting of an
applicant for a license or special permit to operate a facility
providing nonmedical board, room, and care for six or less children
or for obtaining a criminal record of the applicant pursuant to this
section.
(4) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
(B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (1) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (g).
(E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice for the purpose of searching the criminal
records of the Federal Bureau of Investigation, in addition to the
criminal records search required by this subdivision. If an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as prescribed in paragraph
(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
after licensure, the department determines that the licensee or any
other person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
(F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record. Receipt
of the criminal history information shall be optional on the part of
the individual, as set forth in the agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
(G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a client, residing in the facility.
(C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or home
health aide meeting the requirements of Section 1338.5 or 1736.6,
respectively, who is not employed, retained, or contracted by the
licensee, and who has been certified or recertified on or after July
1, 1998, shall be deemed to meet the criminal record clearance
requirements of this section. A certified nurse assistant and
certified home health aide who will be providing client assistance
and who falls under this exemption shall provide one copy of his or
her current certification, prior to providing care, to the community
care facility. The facility shall maintain the copy of the
certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the
facility. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
(D) Any staff person, volunteer, or employee who has contact with
the clients.
(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
(F) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(2) The following persons are exempt from the requirements
applicable under paragraph (1):
(A) A medical professional as defined in department regulations
who holds a valid license or certification from the person's
governing California medical care regulatory entity and who is not
employed, retained, or contracted by the licensee if all of the
following apply:
(i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person's governing
California medical care regulatory entity.
(ii) The person is providing time-limited specialized clinical
care or services.
(iii) The person is providing care or services within the person's
scope of practice.
(iv) The person is not a community care facility licensee or an
employee of the facility.
(B) A third-party repair person or similar retained contractor if
all of the following apply:
(i) The person is hired for a defined, time-limited job.
(ii) The person is not left alone with clients.
(iii) When clients are present in the room in which the repair
person or contractor is working, a staff person who has a criminal
record clearance or exemption is also present.
(C) Employees of a licensed home health agency and other members
of licensed hospice interdisciplinary teams who have a contract with
a client or resident of the facility and are in the facility at the
request of that client or resident's legal decisionmaker. The
exemption does not apply to a person who is a community care facility
licensee or an employee of the facility.
(D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who are
advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed by
community care licensing. This exemption does not apply to a person
who is a community care licensee or employee of the facility.
(E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:
(i) Members are not left alone with clients.
(ii) Members do not transport clients off the facility premises.
(iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
(3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
(A) Adult friends and family of the licensed or certified foster
parent, who come into the home to visit for a length of time no
longer than defined by the department in regulations, provided that
the adult friends and family of the licensee are not left alone with
the foster children. However, the licensee, acting as a reasonable
and prudent parent, as defined in paragraph (2) of subdivision (a) of
Section 362.04 of the Welfare and Institutions Code, may allow his
or her adult friends and family to provide short-term care to the
foster child and act as an appropriate occasional short-term
babysitter for the child.
(B) Parents of a foster child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
(C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.
(4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers are
exempt from the requirements applicable under paragraph (1):
(A) Unless contraindicated by the client's individualized program
plan (IPP) or needs and service plan, a spouse, significant other,
relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.
(B) A volunteer if all of the following applies:
(i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.
(ii) The volunteer is never left alone with clients.
(iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than washing
of hands.
(5) (A) In addition to the exemptions specified in paragraph (2),
the following persons in adult residential and social rehabilitation
facilities, unless contraindicated by the client's individualized
program plan (IPP) or needs and services plan, are exempt from the
requirements applicable under paragraph (1): a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to that client.
(B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt from
the requirements of this section, provided that the individual has
client contact.
(6) Any person similar to those described in this subdivision, as
defined by the department in regulations.
(c) (1) Subsequent to initial licensure, a person specified in
subdivision (b) who is not exempted from fingerprinting shall obtain
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. The licensee shall submit fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
or comply with paragraph (1) of subdivision (h). These fingerprint
images and related information shall be sent by electronic
transmission in a manner approved by the State Department of Social
Services and the Department of Justice for the purpose of obtaining a
permanent set of fingerprints, and shall be submitted to the
Department of Justice by the licensee. A licensee's failure to
prohibit the employment, residence, or initial presence of a person
specified in subdivision (b) who is not exempt from fingerprinting
and who has not received either a criminal record clearance or an
exemption from disqualification pursuant to subdivision (g) or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency and the
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548. The fingerprint
images and related information shall then be submitted to the
Department of Justice for processing. Upon request of the licensee,
who shall enclose a self-addressed stamped postcard for this purpose,
the Department of Justice shall verify receipt of the fingerprints.
(2) Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided
for in subdivision (a). If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images.
Documentation of the individual's clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images are required for
processing, the Department of Justice shall, within 14 calendar days
from the date of receipt of the fingerprints, notify the licensee
that the fingerprints were illegible, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, and shall also notify the licensee by mail, within
14 days of electronic transmission of the fingerprints to the
Department of Justice, if the person has no criminal history
recorded. A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1550. The department may assess civil penalties for continued
violations as permitted by Section 1548.
(3) Except for persons specified in subdivision (b) who are exempt
from fingerprinting, the licensee shall endeavor to ascertain the
previous employment history of persons required to be fingerprinted.
If it is determined by the State Department of Social Services, on
the basis of the fingerprint images and related information submitted
to the Department of Justice, that subsequent to obtaining a
criminal record clearance or exemption from disqualification pursuant
to subdivision (g), the person has been convicted of, or is awaiting
trial for, a sex offense against a minor, or has been convicted for
an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
the Penal Code, or a felony, the State Department of Social Services
shall notify the licensee to act immediately to terminate the person'
s employment, remove the person from the community care facility, or
bar the person from entering the community care facility. The State
Department of Social Services may subsequently grant an exemption
from disqualification pursuant to subdivision (g). If the conviction
or arrest was for another crime, except a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
employment, remove the person from the community care facility, or
bar the person from entering the community care facility; or (B) seek
an exemption from disqualification pursuant to subdivision (g). The
State Department of Social Services shall determine if the person
shall be allowed to remain in the facility until a decision on the
exemption from disqualification is rendered. A licensee's failure to
comply with the department's prohibition of employment, contact with
clients, or presence in the facility as required by this paragraph
shall result in a citation of deficiency and an immediate assessment
of civil penalties in the amount of one hundred dollars ($100) per
violation per day and shall be grounds for disciplining the licensee
pursuant to Section 1550.
(4) The department may issue an exemption from disqualification on
its own motion pursuant to subdivision (g) if the person's criminal
history indicates that the person is of good character based on the
age, seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption from
disqualification pursuant to this paragraph.
(5) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption from disqualification pursuant to
subdivision (g). The individual may seek an exemption from
disqualification only if the licensee terminates the person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, the State Department of
Social Services or other approving authority shall secure California
and Federal Bureau of Investigation criminal history information to
determine whether the applicant or any person specified in
subdivision (b) who is not exempt from fingerprinting has ever been
convicted of a crime other than a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 or 273.5, subdivision (b) of
Section 273a or, prior to January 1, 1994, paragraph (2) of Section
273a of the Penal Code, or for any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
applicant who has not obtained both a California and Federal Bureau
of Investigation criminal record clearance or exemption from
disqualification pursuant to subdivision (g).
(2) The criminal history information shall include the full
criminal record, if any, of those persons.
(3) Neither the Department of Justice nor the State Department of
Social Services may charge a fee for the fingerprinting of an
applicant for a license, special permit, or certificate of approval
described in this subdivision. The record, if any, shall be taken
into consideration when evaluating a prospective applicant.
(4) The following shall apply to the criminal record information:
(A) If the applicant or other persons specified in subdivision (b)
who are not exempt from fingerprinting have convictions that would
make the applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval shall be denied.
(B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) who is not
exempt from fingerprinting is awaiting trial for a crime other than a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application until
the conclusion of the trial.
(C) For purposes of this subdivision, a criminal record clearance
provided under Section 8712 of the Family Code may be used by the
department or other approving agency.
(D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is not
exempt from fingerprinting, shall submit a set of fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
in addition to the criminal records search required by subdivision
(a).
(5) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, spousal or cohabitant abuse
or, any crime for which the
department cannot grant an exemption if the person was convicted and
shall submit these fingerprints to the licensing agency or other
approving authority.
(6) (A) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee's or
a foster family agency's failure to either prohibit the employment,
residence, or initial presence of a person specified in subdivision
(b) who is not exempt from fingerprinting and who has not received
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g), or comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in a citation of a deficiency, and the immediate civil
penalties of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
adopted pursuant to Section 1522.04 shall result in the citation of a
deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
foster family home licensee or the foster family agency pursuant to
Section 1550. The State Department of Social Services may assess
penalties for continued violations, as permitted by Section 1548. The
fingerprint images shall then be submitted to the Department of
Justice for processing.
(B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the fingerprints. Within five working days of
the receipt of the criminal record or information regarding criminal
convictions from the Department of Justice, the department shall
notify the applicant of any criminal arrests or convictions. If no
arrests or convictions are recorded, the Department of Justice shall
provide the foster family home licensee or the foster family agency
with a statement of that fact concurrent with providing the
information to the State Department of Social Services.
(7) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) who is
not exempt from fingerprinting, has been convicted of a crime other
than a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
(8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
prohibition of employment, contact with clients, or presence in the
facility as required by paragraph (3) of subdivision (c) shall be
grounds for disciplining the licensee pursuant to Section 1550.
(e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
State Department of Social Services is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, when the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending
the imposition of sentence, notwithstanding a subsequent order
pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting
the person to withdraw his or her plea of guilty and to enter a plea
of not guilty, or setting aside the verdict of guilty, or dismissing
the accusation, information, or indictment. For purposes of this
section or any other provision of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
law prohibiting the admission of these documents in a civil or
administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(g) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) of subdivision (d), or for employment, residence,
or presence in a community care facility as specified in paragraphs
(3), (4), and (5) of subdivision (c), if the director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of good character as to justify issuance of the
license or special permit or granting an exemption for purposes of
subdivision (c). Except as otherwise provided in this subdivision, an
exemption shall not be granted pursuant to this subdivision if the
conviction was for any of the following offenses:
(A) (i) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
(ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee has been
rehabilitated as provided in Section 4852.03 of the Penal Code, has
maintained the conduct required in Section 4852.05 of the Penal Code
for at least 10 years, and has the recommendation of the district
attorney representing the employee's county of residence, or if the
employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) of Section
451 of the Penal Code.
(C) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider applicant if that
applicant, or any other person specified in subdivision (b) in those
homes, has a felony conviction for either of the following offenses:
(i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subparagraph, a crime involving violence means a violent crime
specified in clause (i) of subparagraph (A), or subparagraph (B).
(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
(iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as a
condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
(h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the State Department of
Social Services shall verify whether the individual has a clearance
that can be transferred.
(2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
(A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
(A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following
conditions are met:
(i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
(C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This fee
shall not exceed the cost of providing the service.
(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority to receive the notice only if all of the
following conditions are met:
(i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.
(i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency as a
clearance required for adoption purposes.
(j) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1558, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
(k) The State Department of Social Services may charge a fee for
the costs of processing electronic fingerprint images and related
information.
(l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.
SEC. 4. Section 1596.871 of the Health and Safety Code is amended
to read:
1596.871. The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a child
care center or family child care home. It is the intent of the
Legislature in enacting this section to require the fingerprints of
those individuals whose contact with child day care facility clients
may pose a risk to the children's health and safety. An individual
shall be required to obtain either a criminal record clearance or a
criminal record exemption from the State Department of Social
Services before his or her initial presence in a child day care
facility.
(a) (1) Before issuing a license or special permit to any person
to operate or manage a day care facility, the department shall secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in subdivision
(c) of Section 290 of the Penal Code, for violating Section 245 or
273.5, subdivision (b) of Section 273a or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
(2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
(3) Except during the 2003-04 through 2012-13 fiscal years,
inclusive, neither the Department of Justice nor the department may
charge a fee for the fingerprinting of an applicant who will serve
six or fewer children or any family day care applicant for a license,
or for obtaining a criminal record of an applicant pursuant to this
section.
(4) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
(B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
(E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, in addition to the
search required by subdivision (a). If an applicant meets all other
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal history information for the applicant and
persons listed in subdivision (b), the department may issue a license
if the applicant and each person described by subdivision (b) has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after licensure, the department
determines that the licensee or person specified in subdivision (b)
has a criminal record, the license may be revoked pursuant to Section
1596.885. The department may also suspend the license pending an
administrative hearing pursuant to Section 1596.886.
(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a child, residing in the facility.
(C) Any person who provides care and supervision to the children.
(D) Any staff person, volunteer, or employee who has contact with
the children.
(i) A volunteer providing time-limited specialized services shall
be exempt from the requirements of this subdivision if this person is
directly supervised by the licensee or a facility employee with a
criminal record clearance or exemption, the volunteer spends no more
than 16 hours per week at the facility, and the volunteer is not left
alone with children in care.
(ii) A student enrolled or participating at an accredited
educational institution shall be exempt from the requirements of this
subdivision if the student is directly supervised by the licensee or
a facility employee with a criminal record clearance or exemption,
the facility has an agreement with the educational institution
concerning the placement of the student, the student spends no more
than 16 hours per week at the facility, and the student is not left
alone with children in care.
(iii) A volunteer who is a relative, legal guardian, or foster
parent of a client in the facility shall be exempt from the
requirements of this subdivision.
(iv) A contracted repair person retained by the facility, if not
left alone with children in care, shall be exempt from the
requirements of this subdivision.
(v) Any person similar to those described in this subdivision, as
defined by the department in regulations.
(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer, other person serving in
like capacity, or a person designated by the chief executive officer
as responsible for the operation of the facility, as designated by
the applicant agency.
(F) If the applicant is a local educational agency, the president
of the governing board, the school district superintendent, or a
person designated to administer the operation of the facility, as
designated by the local educational agency.
(G) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(H) This section does not apply to employees of child care and
development programs under contract with the State Department of
Education who have completed a criminal record clearance as part of
an application to the Commission on Teacher Credentialing, and who
possess a current credential or permit issued by the commission,
including employees of child care and development programs that serve
both children subsidized under, and children not subsidized under, a
State Department of Education contract. The Commission on Teacher
Credentialing shall notify the department upon revocation of a
current credential or permit issued to an employee of a child care
and development program under contract with the State Department of
Education.
(I) This section does not apply to employees of a child care and
development program operated by a school district, county office of
education, or community college district under contract with the
State Department of Education who have completed a criminal record
clearance as a condition of employment. The school district, county
office of education, or community college district upon receiving
information that the status of an employee's criminal record
clearance has changed shall submit that information to the
department.
(2) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individuals exempt from
the requirements under this subdivision.
(c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a child day care
facility be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal conviction. The licensee shall
submit fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation, through the
Department of Justice, or to comply with paragraph (1) of subdivision
(h), prior to the person's employment, residence, or initial
presence in the child day care facility.
(B) These fingerprint images for the purpose of obtaining a
permanent set of fingerprints shall be electronically submitted to
the Department of Justice in a manner approved by the State
Department of Social Services and to the Department of Justice, or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency, and an
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1596.885
or Section 1596.886. The State Department of Social Services may
assess civil penalties for continued violations permitted by Sections
1596.99 and 1597.62. The fingerprint images and related information
shall then be submitted to the department for processing. Within 14
calendar days of the receipt of the fingerprint images, the
Department of Justice shall notify the State Department of Social
Services of the criminal record information, as provided in this
subdivision. If no criminal record information has been recorded, the
Department of Justice shall provide the licensee and the State
Department of Social Services with a statement of that fact within 14
calendar days of receipt of the fingerprint images. If new
fingerprint images are required for processing, the Department of
Justice shall, within 14 calendar days from the date of receipt of
the fingerprint images, notify the licensee that the fingerprints
were illegible.
(C) Documentation of the individual's clearance or exemption shall
be maintained by the licensee, and shall be available for
inspection. When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the
department, as required by that section, and notify the licensee by
mail within 14 days of electronic transmission of the fingerprints to
the Department of Justice, if the person has no criminal record. Any
violation of the regulations adopted pursuant to Section 1522.04
shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1596.885 or Section 1596.886. The department may assess civil
penalties for continued violations, as permitted by Sections 1596.99
and 1597.62.
(2) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the department, on the basis of
fingerprints submitted to the Department of Justice, that the person
has been convicted of a sex offense against a minor, an offense
specified in Section 243.4, 273a, 273d, 273g, or 368 of the Penal
Code, or a felony, the State Department of Social Services shall
notify the licensee to act immediately to terminate the person's
employment, remove the person from the child day care facility, or
bar the person from entering the child day care facility. The
department may subsequently grant an exemption pursuant to
subdivision (f). If the conviction was for another crime except a
minor traffic violation, the licensee shall, upon notification by the
State Department of Social Services, act immediately to either (1)
terminate the person's employment, remove the person from the child
day care facility, or bar the person from entering the child day care
facility; or (2) seek an exemption pursuant to subdivision (f). The
department shall determine if the person shall be allowed to remain
in the facility until a decision on the exemption is rendered. A
licensee's failure to comply with the department's prohibition of
employment, contact with clients, or presence in the facility as
required by this paragraph shall result in a citation of deficiency
and an immediate assessment of civil penalties by the department
against the licensee, in the amount of one hundred dollars ($100) per
violation per day for a maximum of five days, unless the violation
is a second or subsequent violation within a 12-month period in which
case the civil penalties shall be in the amount of one hundred
dollars ($100) per violation for a maximum of 30 days, and shall be
grounds for disciplining the licensee pursuant to Section 1596.885 or
1596.886.
(3) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
(4) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
(d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, when
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, notwithstanding a subsequent order pursuant to Sections
1203.4 and 1203.4a of the Penal Code permitting the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this section
or any other provision of this chapter, the record of a conviction,
or a copy thereof certified by the clerk of the court or by a judge
of the court in which the conviction occurred, shall be conclusive
evidence of the conviction. For purposes of this section or any other
provision of this chapter, the arrest disposition report certified
by the Department of Justice, or documents admissible in a criminal
action pursuant to Section 969b of the Penal Code, shall be prima
facie evidence of conviction, notwithstanding any other provision of
law prohibiting the admission of these documents in a civil or
administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(e) The State Department of Social Services may not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for
employment, residence, or presence in a child day care facility as
specified in paragraphs (3), (4), and (5) of subdivision (c) if the
director has substantial and convincing evidence to support a
reasonable belief that the applicant and the person convicted of the
crime, if other than the applicant, are of good character so as to
justify issuance of the license or special permit or granting an
exemption for purposes of subdivision (c). However, an exemption may
not be granted pursuant to this subdivision if the conviction was for
any of the following offenses:
(A) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) or (b) of
Section 451 of the Penal Code.
(2) The department may not prohibit a person from being employed
or having contact with clients in a facility on the basis of a denied
criminal record exemption request or arrest information unless the
department complies with the requirements of Section 1596.8897.
(g) Upon request of the licensee, who shall enclose a
self-addressed stamped postcard for this purpose, the Department of
Justice shall verify receipt of the fingerprint images.
(h) (1) For the purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the department, and shall include
a copy of the person's driver's license or valid identification card
issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States
government if the person is not a California resident. Upon request
of the licensee, who shall enclose a self-addressed stamped envelope
for this purpose, the department shall verify whether the individual
has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearances to be transferred.
(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
(A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
(A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice, only if all of the following
conditions are met:
(i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
(C) The Department of Justice shall charge the department or a
county office with department-delegated licensing authority a fee for
each time a request to substitute the recipient agency is received
for purposes of this paragraph. This fee shall not exceed the cost of
providing the service.
(i) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
SEC. 5. Section 6151 of the Revenue and Taxation Code is amended
to read:
6151. (a) Beginning on the date for which the federal Centers for
Medicare and Medicaid Services approves implementation of the state
plan amendment described in subdivision (c) of Section 12306.6 of the
Welfare and Institutions Code, but no earlier than January 1, 2012,
for the privilege of selling support services at retail, the sales
tax is hereby extended to all providers at the rate, as described in
subdivision (b), of the gross receipts of any provider from the sale
of all support services sold at retail in this state.
(b) The rate extended by subdivision (a) is the rate, as may be
amended from time to time, imposed by Article 1 (commencing with
Section 6051) plus the rate imposed by Section 35 of Article XIII of
the California Constitution for the privilege of selling tangible
personal property at retail in this state.
(c) Notwithstanding the implementation date of this article as
provided for in subdivision (a), no tax shall be collected pursuant
to this article prior to the receipt of approval by the federal
Centers for Medicare and Medicaid Services of the implementation of
Section 12306.6 of the Welfare and Institutions Code.
SEC. 6. Part 1.75 (commencing with Section 10200) of Division 9 of
the Welfare and Institutions Code is repealed.
SEC. 7. Section 11265.45 is added to the Welfare and Institutions
Code, to read:
11265.45. (a) Notwithstanding Sections 11265.1, 11265.2, and
11265.3, a CalWORKs assistance unit that does not include an eligible
adult shall not be subject to periodic reporting requirements other
than the annual redetermination required in Section 11265. This
subdivision shall not apply to a CalWORKs assistance unit in which
the only eligible adult is under sanction in accordance with Section
11327.5.
(b) For an assistance unit described in subdivision (a), grant
calculations may not be revised to adjust the grant amount during the
year except as provided in subdivisions (c), (d), (e), and (f),
Section 11265.46 and as otherwise established by the department by
regulation.
(c) Notwithstanding subdivision (b), statutes and regulations
relating to the 48-month time limit, age limitations for children
under Section 11253, and sanctions and financial penalties affecting
eligibility or grant amount shall be applicable as provided in those
statutes and regulations.
(d) If the county is notified that a child for whom assistance is
currently being paid has been placed in a foster care home, the
county shall discontinue aid to the child at the end of the month of
placement. The county shall discontinue the case if the remaining
assistance unit members are not otherwise eligible.
(e) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(f) If an overpayment has occurred, the county shall commence any
applicable grant adjustment in accordance with Section 11004 as of
the first monthly grant after timely and adequate notice is provided.
(g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 8. Section 11265.46 is added to the Welfare and Institutions
Code, to read:
11265.46. (a) For an assistance unit described in subdivision (a)
of Section 11265.45, the grant amount a recipient shall be entitled
to receive for each month of the year shall be prospectively
determined as provided by this section. If a recipient reports that
he or she does not anticipate any changes in income during the
upcoming year, compared to the income the recipient reported actually
receiving on the annual redetermination form, the grant shall be
calculated using the actual income received. If a recipient reports
that he or she anticipates a change in income in one or more months
of the upcoming year, the county shall determine whether the
recipient's income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated for the upcoming year.
(b) For purposes of this section, income shall be considered to be
reasonably anticipated if the county is reasonably certain of the
amount of income and that the income will be received during the
year. The county shall determine what income is reasonably
anticipated based on information provided by the recipient and any
other available information.
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 9. Section 11265.47 is added to the Welfare and Institutions
Code, to read:
11265.47. (a) The department shall establish an income reporting
threshold for CalWORKs assistance units described in subdivision (a)
of Section 11265.45.
(b) The income reporting threshold described in subdivision (a)
shall be the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three
at the federal poverty level, plus the amount of income last used to
calculate the recipient's monthly benefits.
(2) The amount likely to render the recipient ineligible for
federal Supplemental Nutrition Assistance Program benefits.
(3) The amount likely to render the recipient ineligible for
CalWORKs benefits.
(c) A recipient described in subdivision (a) of Section 11265.45
shall report to the county, orally or in writing, within 10 days,
when any of the following occurs:
(1) The monthly household income exceeds the threshold established
pursuant to this section.
(2) Any change in household composition.
(3) The household address has changed.
(4) A drug felony conviction, as specified in Section 11251.3.
(5) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition or probation or parole, as
specified in Section 11486.5.
(d) When a recipient described in subdivision (a) of Section
11265.45 reports income or a household composition change pursuant to
subdivision (c), the county shall redetermine eligibility and grant
amounts as follows:
(1) If the recipient reports an increase in income or household
composition change for the first through 11th months of a year, the
county shall verify the report and determine the recipient's
financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible
based on the increase in income or household composition change, the
county shall discontinue the recipient with timely and adequate
notice, effective at the end of the month in which the change
occurred.
(B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, or increase or decrease
based on a change in household composition, the county shall increase
or reduce the recipient's grant amount for the remainder of the year
with timely and adequate notice, effective the first of the month
following the month in which the change occurred.
(2) If the recipient reports an increase in income for the 12th
month of a grant year, the county shall verify this report and
consider this income in redetermining eligibility and the grant
amount for the following year.
(e) During the year, a recipient described in subdivision (a) of
Section 11265.45 may report to the county, orally or in writing, any
changes in income that may increase the recipient's grant. If the
reported change is for the first through 11th month of a grant year
and results in an increase in benefits, the county shall redetermine
the grant for the current month and any remaining months in the year.
If the reported change is for the 12th month of the grant year, the
county shall not redetermine the grant for the current year, but
shall redetermine the grant for the following year.
(f) During the year, a recipient described in subdivision (a) of
Section 11265.45 may request that the county discontinue the
recipient's entire assistance unit or any individual member of the
assistance unit who is no longer in the home or is an optional member
of the assistance unit. If the recipient's request is verbal, the
county shall provide a 10-day notice before discontinuing benefits.
If the recipient's request is in writing, the county shall
discontinue benefits effective the end of the month in which the
request is made, and simultaneously shall issue a notice informing
the recipient of the discontinuance.
(g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 10. Section 11265.48 is added to the Welfare and Institutions
Code, to read:
11265.48. (a) To the extent permitted by federal law,
regulations, waivers, and directives, the department shall implement
Sections 11265.45, 11265.46, and 11265.47 in a cost-effective manner
that promotes compatibility between the CalWORKs program and
CalFresh, and minimizes the potential for payment errors.
(b) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement subdivision (a).
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 11. Section 11320.1 of the Welfare and Institutions Code is
amended to read:
11320.1. Subsequent to the commencement of the receipt of aid
under this chapter, the sequence of employment related activities
required of participants under this article, unless exempted under
Section 11320.3, shall be as follows:
(a) Job search. Recipients shall, and applicants may, at the
option of a county and with the consent of the applicant, receive
orientation to the welfare-to-work program provided under this
article, receive appraisal pursuant to Section 11325.2, and
participate in job search and job club activities provided pursuant
to Section 11325.22.
(b) Assessment. If employment is not found during the period
provided for pursuant to subdivision (a), or at any time the county
determines that participation in job search for the period specified
in subdivision (a) of Section 11325.22 is not likely to lead to
employment, the participant shall be referred to assessment, as
provided for in Section 11325.4. Following assessment, the county and
the participant shall develop a welfare-to-work plan, as specified
in Section 11325.21. The plan shall specify the activities provided
for in Section 11322.6 to which the participant shall be assigned,
and the supportive services, as provided for pursuant to Section
11323.2, with which the recipient will be provided.
(c) Work activities. A participant who has signed a
welfare-to-work plan pursuant to Section 11325.21 shall participate
in work activities, as described in this article.
SEC. 12. Section 11320.3 of the Welfare and Institutions Code is
amended to read:
11320.3. (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
(2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
(b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
(B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
(C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age who has obtained a high school diploma or its equivalent
and is enrolled or is planning to enroll in a postsecondary
education, vocational, or technical school training program shall
also not be required to participate for so long as the condition
continues to exist.
(D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided
or obtained by the county.
(3) An individual who meets either of the following conditions:
(A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the
individual is actively seeking appropriate medical treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
(5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
(6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).
(A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
(ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may be
extended on a case-by-case basis to six months, based on criteria
developed by the county.
(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
(I) The availability of child care.
(II) Local labor market conditions.
(III) Other factors determined by the county.
(iv) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for under
this clause shall be available in addition to any other exemption
provided for under this subparagraph. An individual may be exempt
only once under this clause.
(B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.
(7) A parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
(8) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate.
(c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision
(b), shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During the time that
Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
(e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
(1) Lack of necessary supportive services.
(2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
(3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
(g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
(2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.
(h) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (b), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).
(4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program (Part
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
SEC. 13. 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 activities pursuant to subdivisions (b) and (c) of
Section 11322.6, the State Department of Social Services shall pay
the county 50 percent, less fifty-six dollars ($56), 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) 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.
(g) This section shall become inoperative on October 1, 2013, and
as of January 1, 2014, is repealed unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 14. Section 11322.63 is added to the Welfare and Institutions
Code, 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) 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.
(g) This section shall become operative on October 1, 2013.
SEC. 15. Section 11322.8 of the Welfare and Institutions Code is
amended to read:
11322.8. (a) Unless otherwise exempt, an adult recipient in a
one-parent assistance unit shall participate in welfare-to-work
activities for 32 hours each week.
(b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
at least 35 hours of welfare-to-work activities each week. However,
both parents in a two-parent assistance unit may contribute to the 35
hours if at least one parent meets the federal one-parent work
requirement applicable on January 1, 1998.
(c) An adult recipient required to participate under subdivision
(a) or (b) shall participate for at least 20 hours each week in core
welfare-to-work activities. The welfare-to-work activities listed in
subdivisions (a) to (j), inclusive, and (m) and (n) of Section
11322.6, are core activities for the purposes of this section.
Participation in core activities under subdivision (m) of Section
11322.6 shall be limited to a total of 12 months. Additional hours
that the applicant or recipient is required to participate under
subdivisions (a) or (b) of this section may be satisfied by any of
the welfare-to-work activities described in Section 11322.6 that are
consistent with the assessment performed in accordance with Section
11325.4, and included in the individual's welfare-to-work plan,
described in Section 11325.21.
(d) Hours spent in activities listed under subdivision (q) of
Section 11322.6 shall count toward the core activity requirement in
subdivision (c) to the extent that these activities are necessary to
enable the individual to participate in core activities and to the
extent these activities cannot be accomplished within the additional
noncore hours of participation required by subdivision (c).
(e) Hours spent in classroom, laboratory, or internship activities
pursuant to subdivisions (k), ( l ), (o), and (p) of
Section 11322.6 shall count toward the core activity requirement in
subdivision (c) to the extent these activities cannot be accomplished
within the additional noncore hours of participation, the county
determines the program is likely to lead to self-supporting
employment, and the recipient makes satisfactory progress. The
provisions in paragraph (2), and subparagraphs (A) and (B) of
paragraph (3), of subdivision (a) of Section 11325.23 shall apply to
participants in these activities.
(f) Spending hours in any or all of the activities specified in
subdivision (r) of Section 11322.6 shall not make a recipient
ineligible to count activities set forth in subdivisions (d) and (e)
toward the core activities requirements, as appropriate.
(g) This section shall become inoperative on January 1, 2013, and
as of that date is repealed unless a later enacted statute that is
enacted before January 1, 2013, deletes or extends that date.
SEC. 16. Section 11322.8 is added to the Welfare and Institutions
Code, to read:
11322.8. (a) For a recipient required to participate in
accordance with paragraph (1) of subdivision (a) of Section 11322.85,
unless the recipient is otherwise exempt, the following shall apply:
(1) (A) An adult recipient in a one-parent assistance unit that
does not include a child under six years of age shall participate in
welfare-to-work activities for 30 hours each week.
(B) An adult recipient in a one-parent assistance unit that
includes a child under six years of age shall participate in
welfare-to-work activities for 20 hours each week.
(2) An adult recipient who is an unemployed parent, as defined in
Section 1120I, shall participate in at least 35 hours of
welfare-to-work activities each week. However, both parents in a
two-parent assistance unit may contribute to the 35 hours.
(b) For a recipient required to participate in accordance with
paragraph (3) of subdivision (a) of Section 11322.85, the following
shall apply:
(1) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit shall participate in welfare-to-work activities for
30 hours per week, subject to the special rules and limitations
described in Section 607(c)(1)(A) of Title 42 of the United States
Code as of the operative date of this section, as provided in
subdivision (c).
(2) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit that includes a child under six years of age shall
participate in welfare-to-work activities for 20 hours each week, as
described in Section 607 (c)(2)(B) of Title 42 of the United States
Code as of the operative date of this section, as provided in
subdivision (c).
(3) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
welfare-to-work activities for 35 hours per week, subject to the
special rules and limitations described in Section 607(c)(1)(B) of
Title 42 of the United States Code as of the operative date of this
section, as provided in subdivision (c).
(c) This section shall become operative on January 1, 2013.
SEC. 17. Section 11322.85 is added to the Welfare and Institutions
Code, to read:
11322.85. (a) Unless otherwise exempt, an applicant or recipient
shall participate in welfare-to-work activities.
(1) For 24 cumulative months during a recipient's lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual's
welfare-to-work plan, as described in Section 11325.21, to meet the
hours required in Section 11322.8. These 24 months need not be
consecutive.
(2) Any month in which the recipient meets the requirements of
Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph (1).
(3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall
participate in one or more of the following welfare-to-work
activities, in accordance with Section 607(c) and (d) of Title 42 of
the United States Code as of the operative date of this section, that
are consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual's welfare-to-work
plan, described in Section 11325.21:
(A) Unsubsidized employment.
(B) Subsidized private sector employment.
(C) Subsidized public sector employment.
(D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private
sector employment is not available.
(E) On-the-job training.
(F) Job search and job readiness assistance.
(G) Community service programs.
(H) Vocational educational training (not to exceed 12 months with
respect to any individual).
(I) Job skills training directly related to employment.
(J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a certificate
of high school equivalency.
(K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.
(L) The provision of child care services to an individual who is
participating in a community service program.
(b) Any month in which the following conditions exist shall not be
counted as one of the 24 months of participation allowed under
paragraph (1) of subdivision (a):
(1) The recipient is participating in job search or assessment
pursuant to subdivision (a) or (b) of Section 11320.1, is in the
process of appraisal as described in Section 11325.2, or
is participating in the development
of a welfare-to-work plan, as described in Section 11325.21.
(2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.
(3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.
(4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.
(5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.
(c) County welfare departments shall provide each recipient who is
subject to the requirements of paragraph (3) of subdivision (a)
written notice describing the 24-month time limitation described in
that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.
(d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient's
annual redetermination, and at least once after the individual has
participated for a total of 18 months, and prior to the end of the
21st month, that count toward the 24-month time limit.
(e) The notice described in this section shall include, but shall
not be limited to, all of the following:
(1) The number of remaining months the adult recipient may be
eligible to receive aid.
(2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.
(3) The manner in which the recipient may dispute the number of
months counted toward the 24-month time limit.
(4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3) of
subdivision (a).
(5) The opportunity for an exemption to, or extension of, the
24-month time limitation.
(f) For an individual subject to the requirements of paragraph (3)
of subdivision (a), who is not exempt or granted an extension, and
who does not meet those requirements, the provisions of Sections
11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent
consistent with the requirements of this section. For purposes of
this section, the procedures referenced in this subdivision shall not
be described as sanctions.
(g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing and
engagement requirements for the 24-month time limit, and shall
instruct counties via an all-county letter, followed by regulations,
no later than 18 months after the effective date of the act that
added this section.
(2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).
(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult who has
received assistance under this chapter, or from any state pursuant
to the Temporary Assistance for Needy Families program (Part A
(commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January 1, 2013,
may continue in a welfare-to-work plan that meets the requirements of
Section 11322.6 for a cumulative period of 24 months commencing
January 1, 2013, unless or until he or she exceeds the 48-month time
limitation described in Section 11454.
(2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a).
(i) This section shall become operative on January 1, 2013.
SEC. 18. Section 11322.86 is added to the Welfare and Institutions
Code, to read:
11322.86. (a) (1) Each county may provide an extension of time
during which a recipient may participate in activities described in
paragraph (1) of subdivision (a) of Section 11322.85 for recipients
who are unlikely to meet the requirements of paragraph (3) of
subdivision (a) of Section 11322.85 upon the expiration of the
24-month time limitation described in Section 11322.85.
(2) A county may grant extensions pursuant to paragraph (1) for a
number of assistance units equal to no more than 20 percent of the
assistance units in the county in which all adult members have been
provided aid under this chapter for at least 24 months, in accordance
with paragraph (1) of subdivision (a) of Section 11322.85, but not
more than 48 months, in accordance with Section 11454.
(b) Counties are required to report information regarding the
number and percentage of these extensions they have granted to the
state.
(c) After consultation with stakeholders, the department shall
issue an all-county letter by November 1, 2013, to define the process
for implementing the extensions described in this section and the
methodology for calculating the 20 percent limitation in paragraph
(2) of subdivision (a).
(d) It is the intent of the Legislature that the state shall work
with counties and other stakeholders to ensure that the extension
process pursuant to subdivision (a) is implemented with minimal
disruption to the impending completion of the welfare-to-work plans
for recipients.
(e) This section shall become operative on January 1, 2013.
SEC. 19. Section 11322.87 is added to the Welfare and Institutions
Code, to read:
11322.87. (a) A recipient subject to the 24-month time limitation
described in Section 11322.85 may request an extension in accordance
with Section 11322.86 and may present evidence to the county that he
or she meets any of the following circumstances:
(1) The recipient is likely to obtain employment within six
months.
(2) The recipient has encountered unique labor market barriers
temporarily preventing employment, and therefore needs additional
time to obtain employment.
(3) The recipient has achieved satisfactory progress in an
educational or treatment program, including adult basic education,
vocational education, or a self-initiated program that has a known
graduation, transfer, or completion date that would meaningfully
increase the likelihood of his or her employment.
(4) The recipient needs an additional period of time to complete a
welfare-to-work activity specified in his or her welfare-to-work
case plan due to a diagnosed learning or other disability, so as to
meaningfully increase the likelihood of his or her employment.
(5) The recipient has submitted an application to receive SSI
disability benefits, and a hearing date has been established.
(6) Other circumstances as determined by the department.
(b) (1) Except for an extension requested in accordance with
paragraph (5) of subdivision (a), and subject to the limitation
described in paragraph (2) of subdivision (a) of Section 11322.86, a
county shall grant an extension to a recipient who presents evidence
in accordance with subdivision (a) unless the county determines that
the evidence presented does not support the existence of the
circumstances described in subdivision (a).
(2) An extension requested in accordance with paragraph (5) of
subdivision (a) shall be granted if evidence that a hearing date has
been established is provided to the county.
(3) At any hearing disputing a county's denial of an extension in
accordance with paragraph (1), the county shall have the burden of
proof to establish that an extension was not justified unless the
county demonstrates that the denial was due to the unavailability of
an extension in accordance with the 20-percent limitation described
in paragraph (2) of subdivision (a) of Section 11322.86.
(c) If, as a result of information already available to a county,
including the recipient's welfare-to-work plan and verifications of
participation, the county identifies that a recipient meets a
circumstance described in subdivision (a), and subject to the
limitation described in paragraph (2) of subdivision (a) of Section
11322.86, a county may grant an extension of the 24-month time
limitation described in paragraph (1) of subdivision (a) of Section
11322.85 to the recipient.
(d) An extension granted in accordance with subdivision (b) or (c)
shall be granted for an initial period of up to six months and shall
be reevaluated by the county at least every six months.
(e) This section shall become operative on January 1, 2013.
SEC. 20. Section 11325.71 of the Welfare and Institutions Code is
amended to read:
11325.71. (a) Notwithstanding subdivision (a) of Section 11325.7
and subdivision (e) of Section 11325.8, counties shall have the
option to redirect funding, both from and to, the amounts
appropriated for CalWORKs mental health employment assistance
services and CalWORKs substance abuse treatment services, from and to
other CalWORKs employment services that are necessary for
individuals to participate in welfare-to-work activities. This
section shall not be construed to limit a welfare-to-work participant'
s access to mental health or substance abuse treatment services that
would otherwise be available under Section 11325.7 or 11325.8, to the
extent the participant is not provided good cause or determined to
be exempt from welfare-to-work requirements.
(b) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2015, deletes or
extends that date on which it becomes inoperative and is repealed.
SEC. 21. Section 11329.5 of the Welfare and Institutions Code is
amended to read:
11329.5. With respect to paragraph (7) of subdivision (b) of
Section 11320.3 and Section 11325.71, the Legislature finds and
declares all of the following, but only for the operative period of
these added provisions:
(a) Due to the significant General Fund revenue decline for the
2009-10 fiscal year, funding has been reduced for the CalWORKs
program.
(b) Due to the federal funding available under the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) (ARRA) for
CalWORKs grants, reductions in 2009-10 are being achieved in the
county single allocation.
(c) Reduced funding, including a
three-hundred-seventy-five-million-dollar ($375,000,000) reduction to
the county single allocation in the 2009-10 and 2010-11 Budget Acts,
and increased caseload for CalWORKs will result in insufficient
resources to provide the full range of welfare-to-work services in
the 2009-10 and 2010-11 fiscal years.
(d) Reduced funding, including a three hundred seventy-six million
eight hundred fifty thousand dollar ($376,850,000) reduction to the
county single allocation in the 2011-12 Budget Act, will result in
insufficient resources to provide the full range of welfare-to-work
services in the 2011-12 fiscal year.
(e) Reduced funding, including a reduction to the county single
allocation, for the period between July 1, 2012, until January 1,
2015, will result in insufficient resources to provide the full range
of welfare-to-work services during that time period.
(f) It is the intent of the Legislature that the limited resources
for CalWORKs services be effectively utilized, as established in
paragraph (7) of subdivision (b) of Section 11320.3.
(g) It is the further intent of the Legislature to provide
additional flexibility to address funding constraints, as established
in Section 11325.71, in addition to the existing flexibility
provided under subdivision (f) of Section 11320.3.
(h) It is the further intent of the Legislature to minimize
disruption of welfare-to-work services for individuals already
participating, and prioritize exemptions and good cause for
applicants.
(i) Funding and caseload factors will result in circumstances
beyond the control of the counties in the 2009-10, 2010-11, and
2011-12 fiscal years, and relief should be provided for federal
penalties that may result.
SEC. 22. Section 11334.6 is added to the Welfare and Institutions
Code, to read:
11334.6. (a) The department shall provide to the budget
committees of the Legislature, no later than February 1, 2013, and,
notwithstanding Section 10231.5 of the Government Code, on February 1
annually thereafter, a report that includes all of the following
information:
(1) The number of counties implementing a Cal-Learn Program.
(2) The number of recipients being served in each county with
intensive case management services.
(3) Outcomes for recipients, including graduation rates and repeat
pregnancies.
(b) The report described in subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 23. Section 11334.8 of the Welfare and Institutions Code is
repealed.
SEC. 24. Section 11334.8 is added to the Welfare and Institutions
Code, to read:
11334.8. (a) Notwithstanding any other law, this article shall be
fully operative commencing April 1, 2013. For the period of July 1,
2012, to March 31, 2013, inclusive, this article shall be operative
in accordance with the provisions described in subdivision (b).
(b) Commencing July 1, 2012, until March 31, 2013, all of the
following shall apply:
(1) For the 2012-13 fiscal year, counties shall be provided with
full or partial year funding, depending on the pace of their phase-in
to full implementation of the program by April 1, 2013, as
determined by the department, in collaboration with county welfare
directors.
(2) Recipients of aid, as defined in Section 11331.5, shall be
required to participate in Cal-Learn Program intensive case
management services, as defined in subdivision (a) of Section
11332.5, only in counties where those services are available.
(3) A pregnant woman with no other children who was determined to
be eligible for aid in the first or second trimester of her pregnancy
for purposes of participating in the Cal-Learn Program prior to July
1, 2011, shall be eligible to receive aid upon verification of
pregnancy as long as she remains otherwise eligible for aid under
this chapter.
(c) Each recipient who qualifies for benefits under this article
shall be entitled to benefits to the degree that they are provided by
the recipient's county.
(d) This section shall remain in effect only until April 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before April 1, 2013, deletes or extends that date.
SEC. 25. Section 11451.5 of the Welfare and Institutions Code, as
added by Section 20 of Chapter 501 of the Statutes of 2011, is
amended to read:
11451.5. (a) Except as provided by subdivision (f) of Section
11322.6, the following income, determined for the semiannual period
pursuant to Sections 11265.2 and 11265.3, shall be exempt from the
calculation of the income of the family for purposes of subdivision
(a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the
following:
(i) One hundred twelve dollars ($112).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five dollars
($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
(c) (1) This section shall become operative on April 1, 2013. 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 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.
(d) This section shall become inoperative on October 1, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 26. Section 11451.5 is added to the Welfare and Institutions
Code, to read:
11451.5. (a) The following income, except for recipients
described in subdivision (a) of Section 11265.45, except as provided
by subdivision (f) of Section 11322.6, determined for the semiannual
period pursuant to Sections 11265.2 and 11265.3, shall be exempt from
the calculation of the income of the family for purposes of
subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
(c) This section shall become operative on October 1, 2013.
SEC. 27. Section 11454.5 of the Welfare and Institutions Code is
amended to read:
11454.5. (a) Any month in which the following conditions exist
shall not be counted as a month of receipt of aid for the purposes of
subdivision (a) of, and paragraph (1) of subdivision (b) of, Section
11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3,
or due to caretaking responsibilities that impair the recipient's
ability to be regularly employed, in accordance with paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt
from, the Cal-Learn Program provided for pursuant to Article 3.5
(commencing with Section 11331), for any period during which the
Cal-Learn Program is operative, is participating in another teen
parent program approved by the department, or, on or after January 1,
2012, is a nonminor dependent under the supervision of the county
welfare or probation department who is placed in an approved relative'
s home and is eligible for aid under this section because he or she
satisfies the conditions described in Section 11403.
(3) The cost of the cash aid provided to the recipient for the
month is fully reimbursed by child support, whether collected in that
month or any subsequent month.
(4) The family is a former recipient of cash aid under this
chapter and currently receives only child care, case management, or
supportive services pursuant to Section 11323.2 or Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
(5) To the extent provided by federal law, the recipient lived in
Indian country, as defined by federal law, or an Alaskan native
village in which at least 50 percent of the adults living in the
Indian country or in the village are not employed.
(6) The recipient has been excused from participation for good
cause pursuant to paragraph (1) of subdivision (f) of Section
11320.3.
(7) The recipient is exempt from participation due to caretaking
responsibilities that impair the recipient's ability to be regularly
employed, or is otherwise exempt, in accordance with paragraph (7) of
subdivision (b) of Section 11320.3.
(b) In cases where a lump-sum diversion payment is provided in
lieu of cash aid under Section 11266.5, the month in which the
payment is made or the months calculated pursuant to subdivision (f)
of Section 11266.5 shall count against the limits specified in
Section 11454.
(c) This section shall become inoperative on January 1, 2013, and
as of that date is repealed unless a later enacted statute that is
enacted before January 1, 2013, deletes or extends that date.
SEC. 28. Section 11454.5 is added to the Welfare and Institutions
Code, to read:
11454.5. (a) Any month in which the following conditions exist
shall not be counted as a month of receipt of aid for the purposes of
subdivision (a) of, and paragraph (1) of subdivision (b) of, Section
11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3,
or due to caretaking responsibilities that impair the recipient's
ability to be regularly employed, in accordance with paragraph (5) of
subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt
from, the Cal-Learn Program provided for pursuant to Article 3.5
(commencing with Section 11331), for any period during which the
Cal-Learn Program is operative, is participating in another teen
parent program approved by the department, or, on or after January 1,
2012, is a nonminor dependent under the supervision of the county
welfare or probation department who is placed in an approved relative'
s home and is eligible for aid under this section because he or she
satisfies the conditions described in Section 11403.
(3) The cost of the cash aid provided to the recipient for the
month is fully reimbursed by child support, whether collected in that
month or any subsequent month.
(4) The family is a former recipient of cash aid under this
chapter and currently receives only child care, case management, or
supportive services pursuant to Section 11323.2 or Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
(5) To the extent provided by federal law, the recipient lived in
Indian country, as defined by federal law, or an Alaskan native
village in which at least 50 percent of the adults living in the
Indian country or in the village are not employed.
(6) The recipient was exempt from participation under paragraph
(7) of subdivision (b) of Section 11320.3 and has not been reengaged
in accordance with subdivision (h) of Section 11320.3.
(7) The recipient is exempt from participating in welfare-to-work
activities because he or she has primary responsibility for
personally providing care to a child 24 months of age or younger,
pursuant to clause (iv) of subparagraph (A) of paragraph (6) of
subdivision (b) of Section 11320.3.
(b) In cases where a lump-sum diversion payment is provided in
lieu of cash aid under Section 11266.5, the month in which the
payment is made or the months calculated pursuant to subdivision (f)
of Section 11266.5 shall count against the limits specified in
Section 11454.
(c) This section shall become operative on January 1, 2013.
SEC. 29. Section 11462.04 of the Welfare and Institutions Code is
amended to read:
11462.04. (a) Notwithstanding any other law, no new group home
rate or change to an existing rate shall be established pursuant to
Section 11462. An application shall not be accepted or processed for
any of the following:
(1) A new program.
(2) A new provider.
(3) A program change, such as a rate classification level (RCL)
increase.
(4) A program capacity increase.
(5) A program reinstatement.
(b) Notwithstanding subdivision (a), the department may grant
exceptions as appropriate on a case-by-case basis, based upon a
written request and supporting documentation provided by county
placing agencies, including county welfare or probation directors.
(c) For the 2012-13 fiscal year, notwithstanding subdivision (b),
for any program below RCL 10, the only exception that may be sought
and granted pursuant to this section is one associated with a program
change, such as an RCL increase. The other exceptions shall not be
available to programs below RCL 10 during this period.
SEC. 30. Section 11464 of the Welfare and Institutions Code is
amended to read:
11464. (a) The Legislature finds and declares all of the
following:
(1) Children who are consumers of regional center services and
also receiving Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Kinship Guardianship Assistance Payment (Kin-GAP)
benefits, or Adoption Assistance Program (AAP) benefits have special
needs that can require care and supervision beyond that typically
provided to children in foster care. Clarifying the roles of the
child welfare and developmental disabilities services systems will
ensure that these children receive the services and support they need
in a timely manner and encourage the successful adoption of these
children, where appropriate.
(2) To address the extraordinary care and supervision needs of
children who are consumers of regional center services and also
receiving AFDC-FC, Kin-GAP, or AAP benefits, it is necessary to
provide a rate for care and supervision of these children that is
higher than the average
rate they would otherwise receive through the foster care system and
higher than the rate other children with medical and other
significant special needs receive.
(3) Despite the enhanced rate provided in this section, some
children who are consumers of regional center services and also
receiving AFDC-FC, Kin-GAP, or AAP benefits may have care and
supervision needs that are so extraordinary that they cannot be
addressed within that rate. In these limited circumstances, a process
should be established whereby a supplement may be provided in
addition to the enhanced rate.
(4) Children who receive rates pursuant to this section shall be
afforded the same due process rights as all children who apply for
AFDC-FC, Kin-GAP, and AAP benefits pursuant to Section 10950.
(b) Rates for children who are both regional center consumers and
recipients of AFDC-FC or Kin-GAP benefits under this chapter shall be
determined as provided in Section 4684 and this section.
(c) (1) The rate to be paid for 24-hour out-of-home care and
supervision provided to children who are both consumers of regional
center services pursuant to subdivision (d) of Section 4512 and
recipients of AFDC-FC and Kin-GAP benefits under this chapter shall
be two thousand six dollars ($2,006) per child per month.
(2) (A) The county, at its sole discretion, may authorize a
supplement of up to one thousand dollars ($1,000) to the rate for
children three years of age and older, if it determines the child has
the need for extraordinary care and supervision that cannot be met
within the rate established pursuant to paragraph (1). The State
Department of Social Services and the State Department of
Developmental Services, in consultation with stakeholders
representing county child welfare agencies, regional centers, and
children who are both consumers of regional center services and
recipients of AFDC-FC, Kin-GAP, or AAP benefits, shall develop
objective criteria to be used by counties in determining eligibility
for and the level of the supplements provided pursuant to this
paragraph. The State Department of Social Services shall issue an
all-county letter to implement these criteria within 120 days of the
effective date of this act. The criteria shall take into account the
extent to which the child has any of the following:
(i) Severe impairment in physical coordination and mobility.
(ii) Severe deficits in self-help skills.
(iii) Severely disruptive or self-injurious behavior.
(iv) A severe medical condition.
(B) The caregiver may request the supplement described in
subparagraph (A) directly or upon referral by a regional center.
Referral by a regional center shall not create the presumption of
eligibility for the supplement.
(C) When assessing a request for the supplement, the county shall
seek information from the consumer's regional center to assist in the
assessment. The county shall issue a determination of eligibility
for the supplement within 90 days of receipt of the request. The
county shall report to the State Department of Social Services the
number and level of rate supplements issued pursuant to this
paragraph.
(d) (1) The rate to be paid for 24-hour out-of-home care and
supervision provided for children who are receiving services under
the California Early Start Intervention Services Act, are not yet
determined by their regional center to have a developmental
disability, as defined in subdivisions (a) and (l) of Section 4512,
and are receiving AFDC-FC or Kin-GAP benefits under this chapter,
shall be eight hundred ninety-eight dollars ($898) per child per
month. If a regional center subsequently determines that the child is
an individual with a developmental disability as that term is
defined by subdivisions (a) and (l) of Section 4512, the rate to be
paid from the date of that determination shall be consistent with
subdivision (c).
(2) The rates to be paid for 24-hour out-of-home nonmedical care
and supervision for children who are recipients of AFDC-FC or Kin-GAP
and consumers of regional center services from a community care
facility licensed pursuant to Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code and vendored by a
regional center pursuant to Section 56004 of Title 17 of the
California Code of Regulations, shall be the facility rate
established by the State Department of Developmental Services.
(e) Rates paid pursuant to this section are subject to all of the
following requirements:
(1) The rates paid to the foster care provider under subdivision
(c) and paragraph (1) of subdivision (d) are only for the care and
supervision of the child, as defined in subdivision (b) of Section
11460 and shall not be applicable to facilities described in
paragraph (2) of subdivision (d).
(2) Regional centers shall separately purchase or secure the
services that are contained in the child's Individualized Family
Service Plan (IFSP) or Individual Program Plan (IPP), pursuant to
Section 4684.
(3) Beginning with the 2011-12 fiscal year, the rates in paragraph
(1) of subdivision (c) and paragraph (1) of subdivision (d) shall be
adjusted annually by the percentage change in the California
Necessities Index, as set forth in paragraph (2) of subdivision (g)
of Section 11461. No county shall be reimbursed for any increase in
this rate that exceeds the adjustments made in accordance with this
methodology.
(f) (1) The AFDC-FC rates paid on behalf of a regional center
consumer who is a recipient of AFDC-FC prior to July 1, 2007, shall
remain in effect unless a change in the placement warrants
redetermination of the rate or if the child is no longer AFDC-FC
eligible. However, AFDC-FC rates paid on behalf of these children
that are lower than the rates specified in paragraph (1) of
subdivision (c) or paragraph (1) of subdivision (d), respectively,
shall be increased as appropriate to the amount set forth in
paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d),
effective July 1, 2007, and shall remain in effect unless a change
in the placement or a change in AFDC-FC eligibility of the child
warrants redetermination of the rate.
(2) For a child who is receiving AFDC-FC benefits or for whom a
foster care eligibility determination is pending, and for whom an
eligibility determination for regional center services pursuant to
subdivision (a) of Section 4512 is pending or approved, and for whom,
prior to July 1, 2007, a State Department of Developmental Services
facility rate determination request has been made and is pending, the
rate shall be the State Department of Developmental Services
facility rate determined by the regional center through an
individualized assessment, or the rate established in paragraph (1)
of subdivision (c), whichever is greater. The rate shall remain in
effect until the child is no longer eligible to receive AFDC-FC, or,
if still AFDC-FC eligible, is found ineligible for regional center
services as an individual described in subdivision (a) of Section
4512. Other than the circumstances described in this section,
regional centers shall not establish facility rates for AFDC-FC
purposes.
(g) (1) The department shall adopt emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and for the
purposes of that chapter, including Section 11349.6 of the Government
Code, on or before July 1, 2009.
(2) The adoption of regulations pursuant to paragraph (1) shall
be deemed an emergency and necessary for the immediate preservation
of the public peace, health, safety, and general welfare. The
regulations authorized by this subdivision shall remain in effect for
no more than 180 days, by which time final regulations shall be
adopted.
(h) (1) The State Department of Social Services and the State
Department of Developmental Services shall provide to the Joint
legislative Budget Committee, on a semiannual basis, the data set
forth in paragraph (2) to facilitate legislative review of the
outcomes of the changes made by the addition of this section and the
amendments made to Sections 4684 and 16121 by the act adding this
section. The first report shall be submitted on October 1, 2007, with
subsequent reports submitted on March 1 and October 1 of each year.
(2) The following data shall be provided pursuant to this
subdivision:
(A) The number of, and services provided to, children who are
consumers of regional center services and who are receiving AAP,
Kin-GAP, or AFDC-FC, broken out by children receiving the amount
pursuant to paragraph (1) of subdivision (c), the amount pursuant to
paragraph (1) of subdivision (d), and the level of supplement
pursuant to subparagraph (A) of paragraph (2) of subdivision (c).
(B) A comparison of services provided to these children and
similar children who are regional center consumers who do not receive
AFDC-FC, Kin-GAP, or AAP benefits, broken out by children receiving
the amount pursuant to paragraph (1) of subdivision (c), the amount
pursuant to paragraph (1) of subdivision (d), and the level of
supplement pursuant to subparagraph (A) of paragraph (2) of
subdivision (c).
(C) The number and nature of appeals filed regarding services
provided or secured by regional centers for these children,
consistent with Section 4714, broken out by children receiving the
amount pursuant to paragraph (1) of subdivision (c), the amount
pursuant to paragraph (1) of subdivision (d), and the level of
supplement pursuant to subparagraph (A) of paragraph (2) of
subdivision (c).
(D) The number of these children who are adopted before and after
the act adding this section, broken out by children receiving the
amount pursuant to paragraph (1) of subdivision (c), the amount
pursuant to paragraph (1) of subdivision (d), and the level of
supplement pursuant to subparagraph (A) of paragraph (2) of
subdivision (c).
(E) The number and levels of supplements requested pursuant to
subparagraph (B) of paragraph (2) of subdivision (c).
(F) The number of appeals requested of the decision by counties to
deny the request for the supplement pursuant to subparagraph (A) of
paragraph (2) of subdivision (c).
(G) The total number and levels of supplements authorized pursuant
to subparagraph (A) of paragraph (2) of subdivision (c) and the
number of these supplements authorized upon appeal.
(i) Commencing January 1, 2012, the rate described in subdivision
(c) shall be paid for an eligible nonminor dependent who is under 21
years of age, is receiving AFDC-FC or Kin-GAP benefits pursuant to
Section 11403, and is a consumer of regional center services.
SEC. 31. Section 11487 of the Welfare and Institutions Code is
amended to read:
11487. (a) Whenever any aid under this chapter is repaid to the
state by means of child support collections, the state shall be
entitled to the amount received or recovered, except to the extent
that county and federal funds were expended. If funds advanced by the
federal government were paid, the federal government shall be
entitled to a share of the amount received or recovered,
proportionate to the amount of federal funds paid. Except as provided
in subdivision (b), if funds were paid by a county, the county shall
be entitled to a share of the amount received or recovered,
proportionate to the amount of county funds paid.
(b) For the 2011-12 and 2012-13 fiscal years, the county share of
funds received or recovered pursuant to subdivision (a) shall instead
be suspended and these funds shall be retained by the state.
SEC. 32. Section 12301.03 of the Welfare and Institutions Code is
repealed.
SEC. 33. Section 12301.05 of the Welfare and Institutions Code is
repealed.
SEC. 34. Section 12301.06 of the Welfare and Institutions Code is
amended to read:
12301.06. (a) (1) Notwithstanding any other provision of law,
except as provided in subdivision (d), the department shall implement
a 3.6-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 be effective 90 days after the enactment of the act
that adds this section. 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 3.6-percent reduction required by this section.
(2) 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.
(3) 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) (1) The reduction in hours of service pursuant to subdivision
(a) shall cease to be implemented on July 1, 2013.
(2) It is the intent of the Legislature that on July 1, 2013,
services shall be restored to the level authorized pursuant to the
recipient's most recent assessment, and increased by the previously
deducted 3.6 percent.
(c) The notice of action informing the recipient of the reduction
pursuant to subdivision (a) shall be mailed at least 30 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) That the reduction of hours shall remain in effect until July
1, 2013, at which time service hours shall be restored to the
recipient's authorized level, based on the most recent assessment,
and increased by the previously deducted 3.6 percent.
(d) A recipient shall have all appeal rights otherwise provided
for under Chapter 7 (commencing with Section 10950) of Part 2.
(e) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instructions from the department.
(f) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute that
is enacted before January 1, 2014, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 35. Section 12305.87 of the Welfare and Institutions Code is
amended to read:
12305.87. (a) (1) Commencing 90 days following the effective date
of the act that adds this section, a person specified in paragraph
(2) shall be subject to the criminal conviction exclusions provided
for in this section, in addition to the exclusions required under
Section 12305.81.
(2) This section shall apply to a person who satisfies either of
the following conditions:
(A) He or she is a new applicant to provide services under this
article.
(B) He or she is an applicant to provide services under this
article whose application has been denied on the basis of a
conviction and for whom an appeal of that denial is pending.
(b) Subject to subdivisions (c), (d), and (e), an applicant
subject to this section shall not be eligible to provide or receive
payment for providing supportive services for 10 years following a
conviction for, or incarceration following a conviction for, any of
the following:
(1) A violent or serious felony, as specified in subdivision (c)
of Section 667.5 of the Penal Code and subdivision (c) of Section
1192.7 of the Penal Code.
(2) A felony offense for which a person is required to register
under subdivision (c) of Section 290 of the Penal Code. For purposes
of this paragraph, the 10-year time period specified in this section
shall commence with the date of conviction for, or incarceration
following a conviction for, the underlying offense, and not the date
of registration.
(3) A felony offense described in paragraph (2) of subdivision (c)
or paragraph (2) of subdivision (g) of Section 10980.
(c) Notwithstanding subdivision (b), an application shall not be
denied under this section if the applicant has obtained a certificate
of rehabilitation under Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code or if the information
or accusation against him or her has been dismissed pursuant to
Section 1203.4 of the Penal Code.
(d) (1) Notwithstanding subdivision (b), a recipient of services
under this article who wishes to employ a provider applicant who has
been convicted of an offense specified in subdivision (b) may submit
to the county an individual waiver of the exclusion provided for in
this section. This paragraph shall not be construed to allow a
recipient to submit an individual waiver with respect to a conviction
or convictions for offenses specified in Section 12305.81.
(2) The county shall notify a recipient who wishes to hire a
person who is applying to be a provider and who has been convicted of
an offense subject to exclusion under this section of that applicant'
s relevant criminal offense convictions that are covered by
subdivision (b). The notice shall include both of the following:
(A) A summary explanation of the exclusions created by subdivision
(b), as well as the applicable waiver process described in this
subdivision and the process for an applicant to seek a general
exception, as described in subdivision (e). This summary explanation
shall be developed by the department for use by all counties.
(B) An individual waiver form, which shall also be developed by
the department and used by all counties. The waiver form shall
include both of the following:
(i) A space for the county to include a reference to any Penal
Code sections and corresponding offense names or descriptions that
describe the relevant conviction or convictions that are covered by
subdivision (b) and that the provider applicant has in his or her
background.
(ii) A statement that the service recipient, or his or her
authorized representative, if applicable, is aware of the applicant's
conviction or convictions and agrees to waive application of this
section and employ the applicant as a provider of services under this
article.
(3) To ensure that the initial summary explanation referenced in
this subdivision is comprehensible for recipients and provider
applicants, the department shall consult with representatives of
county welfare departments and advocates for, or representatives of,
recipients and providers in developing the summary explanation and
offense descriptions.
(4) The individual waiver form shall be signed by the recipient,
or by the recipient's authorized representative, if applicable, and
returned to the county welfare department by mail or in person.
Except for a parent, guardian, or person having legal custody of a
minor recipient, a conservator of an adult recipient, or a spouse or
registered domestic partner of a recipient, a provider applicant
shall not sign his or her own individual waiver form as the recipient'
s authorized representative. The county shall retain the waiver form
and a copy of the provider applicant's criminal offense record
information search response until the date that the convictions that
are the subject of the waiver request are no longer within the
10-year period specified in subdivision (b).
(5) An individual waiver submitted pursuant to this subdivision
shall entitle a recipient to hire a provider applicant who otherwise
meets all applicable enrollment requirements for the In-Home
Supportive Services program. A provider hired pursuant to an
individual waiver may be employed only by the recipient who requested
that waiver, and the waiver shall only be valid with respect to
convictions that are specified in that waiver. A new waiver shall be
required if the provider is subsequently convicted of an offense to
which this section otherwise would apply. A provider who wishes to be
listed on a provider registry or to provide supportive services to a
recipient who has not requested an individual waiver shall be
required to apply for a general exception, as provided for in
subdivision (e).
(6) Nothing in this section shall preclude a provider who is
eligible to receive payment for services provided pursuant to an
individual waiver under this subdivision from being eligible to
receive payment for services provided to one or more additional
recipients who obtain waivers pursuant to this same subdivision.
(7) The state and a county shall be immune from any liability
resulting from granting an individual waiver under this subdivision.
(e) (1) Notwithstanding subdivision (b), an applicant who has been
convicted of an offense identified in subdivision (b) may seek from
the department a general exception to the exclusion provided for in
this section.
(2) Upon receipt of a general exception request, the department
shall request a copy of the applicant's criminal offender record
information search response from the applicable county welfare
department, public authority, or nonprofit consortium.
Notwithstanding any other provision of law, the county, public
authority, or nonprofit consortium shall provide a copy of the
criminal offender record information search response, as provided to
the county, public authority, or nonprofit consortium by the
Department of Justice, to the department. The county, public
authority, or nonprofit consortium shall provide this information in
a manner that protects the confidentiality and privacy of the
criminal offender record information search response. The state or
federal criminal history record information search response shall not
be modified or altered from its form or content as provided by the
Department of Justice.
(3) The department shall consider the following factors when
determining whether to grant a general exception under this
subdivision:
(A) The nature and seriousness of the conduct or crime under
consideration and its relationship to employment duties and
responsibilities.
(B) The person's activities since conviction, including, but not
limited to, employment or participation in therapy education, or
community service, that would indicate changed behavior.
(C) The number of convictions and the time that has elapsed since
the conviction or convictions.
(D) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
(E) Any evidence of rehabilitation, including character
references, submitted by the person, or by others on the person's
behalf.
(F) Employment history and current or former employer
recommendations. Additional consideration shall be given to employer
recommendations provided by a person who has received or has
indicated a desire to receive supportive or personal care services
from the applicant, including, but not limited to, those services,
specified in Section 12300.
(G) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
(H) The granting by the Governor of a full and unconditional
pardon.
(f) If the department makes a determination to deny an application
to provide services pursuant to a request for a general exception,
the department shall notify the applicant of this determination by
either personal service or registered mail. The notice shall include
the following information:
(1) A statement of the department's reasons for the denial that
evaluates evidence of rehabilitation submitted by the applicant, if
any, and that specifically addresses any evidence submitted relating
to the factors in paragraph (3) of subdivision (e).
(2) A copy of the applicant's criminal offender record information
search response, even if the applicant already has received a copy
pursuant to Section 12301.6 or 12305.86. The department shall provide
this information in a manner that protects the confidentiality and
privacy of the criminal offender record information search response.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The department shall retain a copy of each individual's
criminal offender record information search response until the date
that the convictions that are the subject of the exception are no
longer within the 10-year period specified in subdivision (b), and
shall record the date the copy of the response was provided to the
individual and the department.
(C) The criminal offender record information search response shall
not be made available by the department to any individual other than
the provider applicant.
(g) (1) Upon written notification that the department has
determined that a request for exception shall be denied, the
applicant may request an administrative hearing by submitting a
written request to the department within 15 business days of receipt
of the written notification. Upon receipt of a written request, the
department shall hold an administrative hearing consistent with the
procedures specified in Section 100171 of the Health and Safety Code,
except where those procedures are inconsistent with this section.
(2) A hearing under this subdivision shall be conducted by a
hearing officer or administrative law judge designated by the
director. A written decision shall be sent by certified mail to the
applicant.
(h) The department shall revise the provider enrollment form
developed pursuant to Section 12305.81 to include both of the
following:
(1) The text of subdivision (c) of Section 290 of the Penal Code,
subdivision (c) of Section 667.5 of the Penal Code, subdivision (c)
of Section 1192.7 of the Penal Code, and paragraph (2) of
subdivisions (c) and (g) of Section 10980.
(2) A statement that the provider understands that if he or
she has been convicted, or incarcerated following conviction for, any
of the crimes specified in the provisions identified in paragraph
(b) in the last 10 years, and has not received a certificate of
rehabilitation or had the information or accusation dismissed, as
provided in subdivision (c), he or she shall only be authorized to
receive payment for providing in-home supportive services under an
individual waiver or general exception as described in this section,
and upon meeting all other applicable criteria for enrollment as a
provider in the program.
(i) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer this section through
all-county letters or similar instructions from the department until
regulations are adopted. The department shall adopt emergency
regulations implementing these provisions no later than July 1, 2011.
The department may readopt any emergency regulation authorized by
this section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
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 may be adopted.
(j) In developing the individual waiver form and all-county
letters or information notices or similar instructions, the
department shall consult with stakeholders, including, but not
limited to, representatives of the county welfare departments, and
representatives of consumers and providers. The consultation shall
include at least one in-person meeting prior to the finalization of
the individual waiver form and all-county letters or information
notices or similar instructions.
SEC. 36. Section 12306.6 of the Welfare and Institutions Code is
amended to read:
12306.6. (a) (1) Notwithstanding any other provision of law,
beginning on the date for which the federal Centers for Medicare and
Medicaid Services authorizes commencement of the implementation of
this section, but no earlier than January 1, 2012, and concurrent
with the collection of the sales tax extended to support services
pursuant to Article 4 (commencing with Section 6150) of Chapter 2 of
Part 1 of Division 2 of the Revenue and Taxation Code, a provider of
in-home supportive services shall receive a supplementary payment
under this article equal to a percentage, as set forth in paragraph
(2), of the gross receipts, as defined in subdivision (b) of Section
6150 of the Revenue and Taxation Code, of the provider for the sale
of in-home supportive services, plus an amount described in paragraph
(3) if applicable. If the underlying payment for in-home supportive
services that is being supplemented is a Medi-Cal payment, then the
supplementary payment shall also be a Medi-Cal payment. Supplementary
payments shall be made only to those providers from whom the tax
imposed pursuant to Section 6151 of the Revenue and Taxation Code has
been collected.
(2) The percentage applicable to the supplementary payment
required by paragraph (1) shall equal the rate described in
subdivision (b) of Section 6151 of the Revenue and Taxation Code and
shall only be applied to services provided under this article,
including personal care option services reimbursable under the
Medi-Cal program.
(3) The supplementary payment of an individual provider whose
payroll withholding required for federal income tax purposes and for
purposes of taxation for the Social Security and Medicare programs is
increased due to the supplementary payment, in comparison to the
amounts for those purposes that would be withheld without the
supplementary payment, shall be increased by an additional amount
that is equal to the amount of this additional federal withholding.
(b) (1) All revenues deposited in the Personal Care IHSS Quality
Assurance Revenue Fund established pursuant to Section 6168 of the
Revenue and Taxation Code shall be used solely for purposes of the
In-Home Supportive Services program, including, but not limited to,
those services provided under the Medi-Cal program. All supplementary
payments required by this section shall be paid from the Personal
Care IHSS Quality Assurance Revenue Fund.
(2) The Director of Finance shall determine the sum required to be
deposited in the Personal Care IHSS Quality Assurance Revenue Fund
to fund the initial supplementary payments from the fund. As soon
thereafter as reasonably possible, this sum shall be transferred, in
the form of a loan, from the General Fund to the Personal Care IHSS
Quality Assurance Revenue Fund. At the time sufficient revenues have
been deposited in the Personal Care IHSS Quality Assurance Revenue
Fund pursuant to Section 6168 of the Revenue and Taxation Code to
sustain the continued operation of the fund for that portion of the
supplementary payment described in paragraph (2) of subdivision (a)
plus an additional amount equal to the General Fund loan made
pursuant to this paragraph, plus interest, the sum transferred from
the General Fund, including interest, shall be repaid to the General
Fund. Subsequent supplementary payments pursuant to this section
shall be made from revenue deposited in the Personal Care IHSS
Quality Assurance Revenue Fund pursuant to Section 6168 of the
Revenue and Taxation Code.
(3) The Department of Finance, on an ongoing basis, shall
determine the amount necessary to implement paragraph (3) of
subdivision (a), and subdivision (c) of Section 12302.2, and
immediately transfer this amount from the General Fund to the
Personal Care IHSS Quality Assurance Revenue Fund.
(c) (1) The Director of Health Care Services shall seek all
federal Medicaid approvals necessary to implement this section,
including using the revenues obtained pursuant to Article 4
(commencing with Section 6150) of Chapter 2 of Part 1 of Division 2
of the Revenue and Taxation Code as the nonfederal share for
supplementary payments. As part of that request for approval, the
director shall seek to make the supplementary payments effective as
of January 1, 2012.
(2) This section shall become operative only if the federal
Centers for Medicare and Medicaid Services grants Medicaid approvals
sought pursuant to paragraph (1).
(3) If Medicaid approval is granted pursuant to paragraph (2),
within 10 days of that approval the Director of Health Care Services
shall notify the State Board of Equalization and the appropriate
fiscal and policy committees of the Legislature of the approval.
(d) If Article 4 (commencing with Section 6150) of Chapter 2 of
Part 1 of Division 2 of the Revenue and Taxation Code becomes
inoperative pursuant to subdivision (b) of Section 6170 of the
Revenue and Taxation Code, supplementary payments shall cease to be
made pursuant to subdivision (a) when all moneys in the fund have
been expended.
(e) (1) 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 and the State Department of Health Care Services may
implement and administer this section through all-county letters or
similar instruction from the department and the State Department of
Health Care Services until regulations are adopted. The department
and the State Department of Health Care Services shall adopt
emergency regulations implementing this section no later than 12
months following the initial effective date of the supplementary
payments. The department and the State Department of Health Care
Services may readopt any emergency regulation authorized by this
section that is the same as or substantially equivalent to an
emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed 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 and approval 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 may be adopted.
(f) This section shall remain in effect only until the January 1
following the date supplementary payments cease to be made pursuant
to subdivision (d), and as of that date is repealed.
SEC. 37. Section 14124.93 of the Welfare and Institutions Code is
amended to read:
14124.93. (a) The Department of Child Support Services shall
provide payments to the local child support agency of fifty dollars
($50) per case for obtaining third-party health coverage or insurance
of beneficiaries, to the extent that funds are appropriated in the
annual Budget Act.
(b) A county shall be eligible for a payment if the county obtains
third-party health coverage or insurance for applicants or
recipients of Title IV-D services not previously covered, or for whom
coverage has lapsed, and the county provides all required
information on a form approved by both the Department of Child
Support Services and the State Department of Health Care Services.
(c) Payments to the local child support agency under this section
shall be suspended for the 2003-04, 2004-05, 2005-06, 2006-07,
2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, and
2014-15 fiscal years.
SEC. 38. Section 14132.957 of the Welfare and Institutions Code is
repealed.
SEC. 39. Section 15525 of the Welfare and Institutions Code is
amended to read:
15525. (a) The State Department of Social Services shall
establish a Work Incentive Nutritional Supplement (WINS) program
pursuant to this section.
(b) Under the WINS program established pursuant to subdivision
(a), each county shall provide a ten-dollar ($10) per month
additional food assistance benefit for each eligible CalFresh
household, as defined in subdivision (d).
(c) The state shall pay to the counties 100 percent of the cost of
WINS benefits, using funds that qualify for the state's maintenance
of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of
the United States Code.
(d) For purposes of this section, an "eligible CalFresh household"
is a household that meets all of the following criteria:
(1) Receives benefits pursuant to Chapter 10 (commencing with
Section 18900) of Part 6.
(2) Has no household member receiving CalWORKs benefits pursuant
to Chapter 2 (commencing with Section 11200).
(3) Contains at least one child under 18 years of age, unless the
household contains a child who meets the requirements of Section
11253.
(4) Has at least one parent or caretaker relative determined to be
"work eligible" as defined in Section 261.2(n) of Title 45 of the
Code of Federal Regulations and Section 607 of Title 42 of the United
States Code.
(5) Meets the federal work participation hours requirement set
forth in Section 607 of Title 42 of the United States Code for
subsidized or unsubsidized employment, and provides documentation
that the household has met the federal work requirements.
(e) (1) In accordance with federal law, federal Supplemental
Nutrition Assistance Program benefits administered in California as
CalFresh (Chapter 10 (commencing with Section 18900) of Part 6),
federal supplemental security income benefits, state supplemental
security program benefits, public social services, as defined in
Section 10051, and county aid benefits (Part 5 (commencing with
Section 17000)), shall not be reduced as a consequence of the receipt
of the WINS benefit paid under this chapter.
(2) Benefits paid under this chapter shall not count toward the
federal 60-month time limit on aid as set forth in Section 608(a)(7)
(A) of Title 42 of the United States Code. Payment of WINS benefits
shall not commence before January 1, 2014, and full implementation of
the program shall be achieved on or before July 1, 2014.
(f) (1) 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 and
Section 10554), until emergency regulations are filed with the
Secretary of State pursuant to paragraph (2), the State Department of
Social Services may implement this section through all-county
letters or similar instructions from the director. The director may
provide for individual county phase-in of this section to allow for
the orderly implementation based upon standards established by the
director, including the operational needs and requirements of the
counties. Implementation of the automation process changes shall
include issuance of an all-county letter or similar instructions to
counties by June 1, 2013.
(2) The department may adopt regulations to implement this
chapter. The initial adoption, amendment, or repeal of a regulation
authorized by this section is deemed to address an emergency, for
purposes of Sections 11346.1 and 11349.6 of the Government Code, and
the department is hereby exempted for that purpose from the
requirements of subdivision (b) of Section 11346.1 of the Government
Code. After the initial adoption, amendment, or repeal of an
emergency regulation pursuant to this paragraph, the department may
request approval from the Office of Administrative Law to readopt the
regulation as an emergency regulation pursuant to Section 11346.1 of
the Government Code.
(g) (1) The department shall not fully implement this section
until the department convenes a workgroup of advocates, legislative
staff, county representatives, and other stakeholders to consider the
progress of the WINS automation effort in tandem with a
pre-assistance employment readiness system (PAERS) program and any
other program options that may provide offsetting benefits to the
caseload reduction credit in the CalWORKs program. The department
shall convene this workgroup on or before December 1, 2013.
(2) A PAERS program shall be considered in light of current and
potential federal Temporary Assistance for Needy Families (TANF)
statutes and regulations and how other states with pre-assistance or
other caseload offset options are responding to federal changes.
(3) The consideration of program options shall include, but not
necessarily be limited to, the potential impacts on helping clients
to obtain self-sufficiency, increasing the federal work participation
rate, increasing the caseload reduction credit, requirements and
efficiency of county administration, and the well-being of CalWORKs
recipients.
(4) If the workgroup concludes that adopting a PAERS program or
other program option pursuant to this section would, on balance, be
favorable for California and its CalWORKs recipients, the department,
in consultation with the workgroup, shall prepare a proposal by
March 31, 2014, for consideration during the regular legislative
budget subcommittee process in 2014.
(5) To meet the requirements of this subdivision, the department
may use its TANF reauthorization workgroups.
SEC. 40. Section 18285 of the Welfare and Institutions Code is
amended to read:
18285. (a) There is hereby created in the State Treasury the
Child Health and Safety Fund for the purposes specified in this
section.
(b) Moneys for this fund shall be derived from the license plate
program provided for pursuant to Section 5072 of the Vehicle Code and
from civil penalties on child day care facility providers.
(c) Moneys in the fund shall be expended, upon appropriation by
the Legislature, for the purposes specified in subdivisions (d), (e)
and (f).
(d) Fifty percent of moneys derived from the license plate program
pursuant to Section 5072 of the Vehicle Code shall be available,
upon appropriation, to the State Department of Social Services for
the purpose of administering provisions of Sections 1596.816,
1596.87, 1596.872b, 1596.893b 1596.895, 1596.95, 1597.091, 1597.54,
1597.541, 1597.542, 1597.55b and 1597.62 of the Health and Safety
Code. Upon appropriation by the Legislature, an additional five
hundred one thousand dollars ($501,000), in excess of the 50 percent
derived from the license plate program, also shall be made available
for these purposes. The State Department of Social Services shall
allocate these special funds according to the following priorities:
(1) Site visits performed pursuant to Sections 1597.091 and
1597.55b of the Health and Safety Code.
(2) The monitoring responsibility of the child care advocate
program.
(3) Training for investigative and licensing field staff.
(4) Other aspects of the child care advocate program performed
pursuant to Section 1596.872b of the Health and Safety Code.
(5) The salary of the chief of the child care licensing branch.
In order to implement the list of priorities set forth in this
subdivision, and to complete implementation of subdivision (a) of
Section 1596.816 of the Health and Safety Code, the State Department
of Social Services may, as necessary, fund appropriate administrative
support costs.
(e) The balance of funds remaining after the appropriations
specified in subdivision (d) derived from the license plate program
pursuant to Section 5072 of the Vehicle Code shall be available, upon
appropriation, for programs that address any of the following child
health and safety concerns and that are either to be carried out
within a two-year period or whose implementation is dependent upon
one-time initial funding:
(1) Child abuse prevention, except that not more than 25 percent
of the moneys in this fund shall be used for this purpose. Ninety
percent of the 25 percent shall be deposited in the county children's
trust fund, established pursuant to Section 18966 of the Welfare and
Institutions Code, for the support of child abuse prevention
services in the community, and 10 percent of the 25 percent shall be
deposited in the State Children's Trust Fund, established pursuant to
Section 18969, for public education, training, and technical
assistance.
(2) Vehicular safety, including restraint warnings and education
programs.
(3) Drowning prevention.
(4) Playground safety standards.
(5) Bicycle safety.
(6) Gun safety.
(7) Fire safety.
(8) Poison control and safety.
(9) In-home safety.
(10) Childhood lead poisoning.
(11) Sudden infant death syndrome.
(f) Moneys derived from civil penalties imposed on child day care
facility providers shall be made available, upon appropriation, to
the State Department of Social Services exclusively for the technical
assistance, orientation, training, and education of child day care
facility providers.
SEC. 41. The heading of Chapter 7 (commencing with Section 19700)
of Part 2 of Division 10 of the Welfare and Institutions Code is
amended to read:
CHAPTER 7. APPEALS
SEC. 42. Section 19700 of the Welfare and Institutions Code is
repealed.
SEC. 43. Section 19701 of the Welfare and Institutions Code is
repealed.
SEC. 44. Section 19702 of the Welfare and Institutions Code is
repealed.
SEC. 45. Section 19704 of the Welfare and Institutions Code is
amended to read:
19704. (a) If any applicant for, or client of, the department is
dissatisfied with any action of the department relating to his or her
application or receipt of services, or if any person who desires to
apply for that assistance is refused the opportunity to submit a
signed application therefor and is dissatisfied with that refusal, he
or she shall, upon filing a request with the department within one
year after the decision or action complained of, have a right to an
administrative review and redetermination by a member or members of
the supervisory staff of the department and a fair hearing before an
impartial hearing officer.
(b) An administrative review shall not delay a hearing before an
impartial hearing officer if that hearing is requested. The review
shall be held and the decision of the reviewer shall be rendered to
the applicant or client within 15 days of the date the request was
filed.
(c) A fair hearing shall be held within 60 days of the date a
written request is received by the department.
(d) Notwithstanding Sections 19130, 19131, and 19132 of the
Government Code, the department shall contract with another office,
entity, or department for the provision of impartial hearing
officers.
SEC. 46. Section 19705 of the Welfare and Institutions Code is
amended to read:
19705. (a) (1) After consulting with the appellant, the
department shall set the time and place of the hearing specified in
Section 19704 before an impartial hearing officer and shall give all
parties concerned written notice of the time and place of the
hearing.
(2) An impartial hearing officer may change the time and place of
the hearing after further consultation with, and to accommodate the
convenience of, the appellant. If the appellant consents and each
participant in the hearing has an opportunity to participate in the
entire proceeding while it is taking place and to examine exhibits,
all or part of the fair hearing may be conducted by means other than
an in-person hearing.
(b) At the hearing, the appellant may appear, may be accompanied
by a representative of his or her own choosing, or may designate a
representative to appear on his or her behalf. The appellant may
submit the matter on the written record and waive the right to appear
at the hearing.
(c) Upon a joint request of the parties or upon a showing of good
cause by either party, the impartial hearing officer may grant
extensions of time or continuances of the hearing.
(d) (1) The hearing shall be conducted by an impartial hearing
officer who has no personal, financial, professional, or other
interest that would conflict with his or her objectivity in
conducting the hearing. The impartial hearing officer shall be
knowledgeable regarding the federal and state laws and regulations
applicable to the department.
(2) The hearing shall not be conducted according to the technical
rules of evidence and those related to witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence upon which
responsible persons are accustomed to rely in the conduct of serious
affairs. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence, but shall not be
sufficient in itself to support a finding, unless it would be
admissible over objection in a civil action. All testimony shall be
under oath or affirmation, which the impartial hearing officer is
empowered to administer.
(3) The impartial hearing officer shall do all of the following:
(A) Consider the presentation of relevant viewpoints about the
issues of disagreement.
(B) Examine the evidence presented during the hearing.
(C) Issue a decision to the parties, written in ordinary and
concise language and in compliance with federal and state law and
regulations, that includes findings and grounds for the decision,
within 30 days of the completion of the hearing.
SEC. 47. Section 19705.1 is added to the Welfare and Institutions
Code, to read:
19705.1. Training for impartial hearing officers shall include,
but not be limited to, both of the following:
(a) Information regarding the goals and requirements of the
vocational rehabilitation program, the state plan, and federal and
state statutes and regulations governing the program.
(b) Instruction in how to protect the rights of appellants at
administrative hearings, with emphasis on assisting, where
appropriate, those appellants represented by themselves or an
advocate inexperienced in administrative hearings in fully developing
the administrative record.
SEC. 48. Section 19706 of the Welfare and Institutions Code is
repealed.
SEC. 49. Section 19709 of the Welfare and Institutions Code is
amended to read:
19709. (a) The appellant, within six months after receiving
notice of the impartial hearing officer's final decision, may file a
petition with the superior court, under Section 1094.5 of the Code of
Civil Procedure, praying for a review of the entire proceedings in
the matter, upon questions of law involved in the case. The review,
if granted, shall be the exclusive remedy available to the appellant
for review of the impartial hearing officer's final decision. The
department shall be the sole respondent in the proceedings.
(b) No filing fee shall be required for the filing of a petition
pursuant to this section. Any of these petitions to the superior
court shall be entitled to a preference in setting a date for hearing
on the petition. No bond shall be required in the case of any
petition for review, nor in any appeal therefrom. The appellant shall
be entitled to reasonable attorney's fees and costs, if he or she
obtains a decision in his or her favor.
SEC. 50. Section 19710 is added to the Welfare and Institutions
Code, to read:
19710. Until January 1, 2014, the adoption and readoption of
regulations to modify appeals processes consistent with this part
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted from the
requirement that it describe facts showing the need for immediate
action and from review of the emergency regulations by the Office of
Administrative Law.
SEC. 51. Section 72 of Chapter 32 of the Statutes of 2011 is
amended to read:
Sec. 72. The State Department of Social Services, in consultation
with stakeholders including, but not limited to, counties and public
authorities, including representatives of the California Association
of Public
Authorities, shall develop a new ratesetting methodology for public
authority administrative costs, to go into effect commencing with the
2013-14 fiscal year.
SEC. 52. (a) The State Department of Social Services shall use
funding included in the Budget Act of 2012 related to replacement of
the Child Welfare Services/Case Management System (CWS/CMS) for the
next steps necessary to move forward with the recommendation of the
Child Welfare Automation Study Team (CAST) to proceed toward
procuring a new system, consistent with a buy/build strategy, as
described in the CAST report submitted to the Legislature. These next
steps shall include, but shall not be limited to, completing, in
consultation with the counties and the County Welfare Directors
Association, a Feasibility Study Report (FSR) and federal Advance
Planning Document (APD), as well as conducting other planning
activities. The Office of Systems Integration (OSI) and the
department shall report the results of these activities, in addition
to the key milestones and anticipated timelines for any resulting
procurement process, to the Legislature by March 1, 2013, for review
during budget hearings in 2013.
(b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on March 1, 2017, pursuant to Section
10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 53. (a) The State Department of Social Services (DSS) and the
Office of Systems Integration (OSI) shall have a qualified third
party conduct a cost-reasonableness assessment of the costs proposed
by the vendor to migrate the Consortium-IV counties to the newly
developed Los Angeles Eligibility, Automated Determination,
Evaluation and Reporting (LEADER) Replacement System (LRS). The
purpose of the assessment is to determine whether the proposed
overall costs are within range of reasonableness, based on current
market rates and prices for the products and services proposed under
the vendor contract terms and conditions, and given the proposed
migration plans, project requirements and objectives, implementation
approach, and project risks, among other factors.
(b) The assessment shall be conducted during the LRS development
period and the results shall be ready within an appropriate time for
DSS and OSI to determine how best to negotiate with the vendor in
order to proceed with the Consortium-IV migration to LRS.
SEC. 54. (a) The State Department of Social Services, in
consultation with stakeholders, including counties, advocates, and
legislative staff, shall convene a workgroup to identify best
practices and other strategies that may improve early engagement and
barrier removal efforts so that the initial months during which an
adult recipient is subject to welfare-to-work requirements are as
meaningful an opportunity as possible. The scope of the workgroup may
include, but is not limited to, evaluating the processes described
in Section 11320.1 of the Welfare and Institutions Code and
determining the extent to which the current orientation, appraisal,
assessments, evaluations, job search and job club, welfare-to-work
activities, and sanctions, meet the needs of and lead to successful
outcomes for CalWORKs recipients, including recipients with barriers
to participation. The State Department of Social Services shall
report to the appropriate policy and fiscal committees of the
Legislature by January 10, 2013, regarding the recommendations
developed pursuant to this subdivision, including those that will be
implemented through administrative changes and those that would
require statutory changes.
(b) The requirement for submitting a report imposed under
subdivision (a) shall become inoperative on January 10, 2017,
pursuant to Section 10231.5 of the Government Code and as of that
date, this section shall be repealed.
SEC. 55. (a) The State Department of Social Services shall
annually update the Legislature regarding the implementation of the
changes contained in this act. Additionally, the department shall
contract with an independent, research-based institution for an
evaluation and written report that shall be provided to the
Legislature by January 1, 2018. The report shall include, but not be
limited to, the following information, with respect to the period of
evaluation:
(1) (A) The number of adult recipients who were eligible for
CalWORKs prior to the operative date of this act.
(B) The number of recipients participating in welfare-to-work
activities pursuant to paragraph (1) of subdivision (a) of Section
11322.85 of the Welfare and Institutions Code.
(C) The number of recipients participating in welfare-to-work
activities pursuant to paragraph (3) of subdivision (a) of Section
11322.85 of the Welfare and Institutions Code.
(2) For each of the categories of recipients described in
paragraph (1):
(A) The activities in which recipients are participating.
(B) The number of recipients who are exempt from participation in
welfare-to-work activities.
(C) The average time that recipient families receive assistance.
(D) The number of families who complete their welfare-to-work plan
and exit the CalWORKs program as a result of earned income or other
factors.
(E) The number of families that reach the 24-month time limit but
are granted an extension pursuant to Section 11322.87 of the Welfare
and Institutions Code, the bases for those extensions, and the
average length of those extensions.
(F) The number of families for whom the provisions of Section
11322.85 of the Welfare and Institutions Code apply and who exit the
welfare-to-work program and have no aided adult in their assistance
unit as a result of the 24-month time limit.
(G) The number of recipients who do not complete their
welfare-to-work plans and for whom this lack of completion may be due
to barriers to employment, which may include the following:
(i) The recipient does not have a GED.
(ii) The recipient is an English language learner.
(iii) The recipient is a victim of domestic violence.
(iv) The recipient has behavioral health needs, including those
related to mental health or substance abuse.
(v) The recipient has a learning or other disability.
(vi) Other barriers identified by the advisory group established
pursuant to subdivision (b).
(H) Additional information identified by the advisory group
established pursuant to subdivision (b).
(3) The report shall also include information regarding relevant
caseload trends in the CalWORKs program.
(b) By March 1, 2013, the department shall convene an advisory
group of stakeholders, including counties, advocates, and legislative
staff, to inform the scope of the evaluation and report. This group
shall meet as necessary during the period of the evaluation, and
leading up to the finalization of the report.
(c) (1) The requirement for submitting a report imposed under
subdivision (a) shall become inoperative on January 1, 2021, pursuant
to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 56. (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 department may implement and administer the changes made pursuant
to Sections 11265.45, 11265.46. 11265.47, 11265.48, 11320.3,
11322.63, 11322.8, 11322.85, 11322.86, 11322.87, 11451.5, and 11454.5
of the Welfare and Institutions Code, as amended or added by this
act, through all-county letters or similar instructions from the
director until regulations are adopted. The department shall adopt
emergency regulations implementing these provisions no later than
July 1, 2014. The Department of Social Services may readopt any
emergency regulation authorized by this section that is the same as,
or substantially equivalent to, any emergency regulation previously
adopted under this section.
(b) 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. 57. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 58. The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the California Health and Human
Services Agency for administration.
SEC. 59. The changes made by this act to Chapter 7 (commencing
with Section 19700) of Part 2 of Division 10 of the Welfare and
Institutions Code shall become operative 30 days after the effective
date of this act.
SEC. 60. 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.
