BILL NUMBER: SB 79 CHAPTERED
BILL TEXT
CHAPTER 20
FILED WITH SECRETARY OF STATE JUNE 24, 2015
APPROVED BY GOVERNOR JUNE 24, 2015
PASSED THE SENATE JUNE 19, 2015
PASSED THE ASSEMBLY JUNE 19, 2015
AMENDED IN ASSEMBLY JUNE 17, 2015
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2015
An act to amend Section 1040 of the Evidence Code, to amend
Section 17706 of the Family Code, to amend Sections 1522 and 1596.871
of, and to amend, repeal, and add Sections 1534, 1569.33, 1597.09,
and 1597.55a of, the Health and Safety Code, to amend Section 18726
of the Revenue and Taxation Code, to amend Section 1095 of the
Unemployment Insurance Code, and to amend Sections 9305, 11265.3,
11265.47, 11330.5, 11461.3, 11477, 13302, 14124.93, 17600.10,
17600.15, 17601.25, 17604, 17605, 17605.051, 17605.07, 17606.10,
17608.05, 17608.10, 17609.05, 18910, and 18358.30 of, to amend the
heading of Chapter 5.6 (commencing with Section 13300) of Part 3 of
Division 9 of, to amend and repeal Sections 17603.05 and 17604.05 of,
to amend, repeal, and add Sections 17600 and 17606.20 of, to add
Sections 11253.4, 13303, 13304, 13305, 13306, 15753, and 18910.1 to,
to repeal Sections 17605.05, 17605.08, 17606.05, 17606.15, and
17608.15 of, and to repeal and add Section 17605.10 of, the Welfare
and Institutions Code, relating to human services, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 79, Committee on Budget and Fiscal Review. Human services.
(1) 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. Existing law requires each county to maintain a local
child support agency that has responsibility for promptly and
effectively enforcing child support obligations. Existing law also
establishes within the state's child support program a quality
assurance and performance improvement program. 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 2014-15 fiscal years, inclusive.
This bill would extend the suspension of the additional 5%
payments through the 2016-17 fiscal year.
(2) Under existing law, the State Department of Social Services
regulates the licensure and operation of community care facilities,
residential care facilities for the elderly, child day care centers,
and family day care homes. Existing law provides that these
facilities, except for foster family homes, are subject to
unannounced visits by the department at least once every 5 years.
Existing law requires the department to conduct an annual unannounced
visit under specified circumstances, including when a license is on
probation, and to conduct annual unannounced visits of no less than
20% of the facilities, other than foster family homes, that are not
subject to an inspection under those specified circumstances.
This bill would increase the frequency of inspections of those
care facilities licensed by the State Department of Social Services,
as specified. The bill would also require the department, as it
implements the first stage of the multiyear proposal to increase the
inspection frequency of facilities licensed, to update the
Legislature frequently, and no later than April 1, 2016, for the
first update, regarding the implementation of the multiyear proposal,
as specified.
(3) 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
regarding the applicant and specified other persons, including those
who will reside in the facility and employees and volunteers who have
contact with the clients or children, as specified. Existing law
generally prohibits the Department of Justice or the State Department
of Social Services from charging a fee for fingerprinting or
obtaining the criminal record of an applicant for a license or
special permit to operate a community care facility providing
nonmedical board, room, and care for 6 or fewer children, an
applicant to operate or manage a day care facility that will serve 6
or fewer children, or an applicant for a family day care license, as
specified. Existing law suspends the operation of that prohibition
against charging a fee, however, through the 2014-15 fiscal year.
This bill would extend through the 2016-17 fiscal year the
suspension of the prohibition against charging a fee for
fingerprinting or obtaining a criminal record pursuant to the
provisions described above, thereby permitting those departments to
charge a fee for those services.
(4) Under existing law, taxpayers are allowed to contribute
amounts in excess of their personal income tax liability in support
of the California Senior Legislature Fund, which is used to fund the
sessions of the California Senior Legislature. Existing law, until
January 1, 2015, authorized taxpayers to contribute amounts in excess
of their tax liability in support of the California Fund for Senior
Citizens, which was used to support those sessions. Existing law
requires that funds for the California Senior Legislature be
allocated from the now obsolete California Fund for Senior Citizens.
This bill would instead require that funds for the California
Senior Legislature be allocated from the California Senior
Legislature Fund, which the bill would designate as the successor
fund of the California Fund for Senior Citizens. The bill would
require that all assets, liabilities, revenues, and expenditures of
the California Fund for Senior Citizens be transferred to the
California Senior Legislature Fund, and that all references in state
law to the California Fund for Senior Citizens be construed to refer
to the California Senior Legislature Fund.
(5) Under existing law, the information obtained in the
administration of the Unemployment Insurance Code is for the
exclusive use and information of the Director of Employment
Development in the discharge of his or her duties and is not open to
the public. However, existing law requires the director to permit the
use of the information for specified purposes, including, among
others, to enable federal, state, and local government agencies to
verify or determine eligibility for an applicant or recipient of
specified public social services, and allows the director to require
reimbursement for direct costs incurred.
This bill would require the director to permit the use of any
information in his or her possession to enable federal, state, or
local government departments or agencies, or their contracted
agencies, subject to federal law, to evaluate, research, or forecast
the effectiveness of public social services programs, as specified,
when the evaluation, research, or forecast is directly connected
with, and limited to, the administration of those public social
services programs. The bill would also make technical, nonsubstantive
changes.
(6) Existing federal law provides for the allocation of federal
funds through the federal Temporary Assistance for Needy Families
(TANF) block grant program to eligible states. Existing law provides
for the CalWORKs program under which, through a combination of state
and county funds and federal funds received through the TANF program,
each county provides cash assistance and other benefits to qualified
low-income families. Under existing law, an otherwise qualified
individual convicted of any of certain felonies that have as an
element the possession, use, or distribution of a controlled
substance, as defined, is eligible to receive CalWORKs benefits,
except as specified.
This bill would make a conforming change by deleting certain
reporting requirements regarding those types of convictions with
respect to eligibility for the CalWORKs program.
(7) Existing law authorizes a county to provide housing supports,
including financial assistance and housing stabilization and
relocation services, to CalWORKs recipients who are experiencing
homelessness or housing instability that would be a barrier to
self-sufficiency or child well-being. Under existing law, the State
Department of Social Services is required to allocate funds to a
county that meets certain criteria for the purpose of funding these
housing supports.
This bill would authorize a county to continue to provide housing
supports to a person who has been discontinued from CalWORKs because
he or she no longer meets specified income eligibility requirements.
(8) Existing law groups families into assistance units for
purposes of determining eligibility and computing the amount of aid
payment under CalWORKs. Existing law requires, as a condition of
eligibility for assistance under the CalWORKs program, the applicant
or recipient to assign to the county any rights to support from any
other person the applicant or recipient may have on his or her own
behalf, or on behalf of any other family member for whom the
applicant or recipient is applying for or receiving aid, only with
respect to support that accrues during the period of time that the
applicant is receiving assistance under the program, and to cooperate
with efforts to establish paternity of a child of the applicant and
to establish, modify, or enforce a support order, as specified.
Existing law also requires sanctions to be imposed if an individual
fails to comply with program requirements.
This bill would exempt applicants for or recipients of CalWORKs
benefits from the requirements that they assign to the county any
rights to support, and that they cooperate with efforts to establish
paternity of a child of the applicant and to establish, modify, or
enforce a support order, if all eligible adults in the assistance
unit have been subject to sanctions for at least 12 consecutive
months for failing to comply with CalWORKs requirements. By imposing
additional administrative duties on local officers, the bill would
impose a state-mandated local program.
(9) Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. Under existing law, a child is eligible for AFDC-FC if
he or she is placed in the approved home of a relative and is
otherwise eligible for federal financial participation in the AFDC-FC
payment, as specified. Existing law establishes the Approved
Relative Caregiver Funding Option Program, in counties that choose to
participate, for the purpose of making the amount paid to relative
caregivers for the in-home care of children placed with them who are
ineligible for AFDC-FC payments equal to the amount paid on behalf of
children who are eligible for AFDC-FC payments. Existing law
requires counties to pay an approved relative caregiver a per child
per month rate in this case if the county has opted in and the child
placed in the home meets specified requirements. Existing law
appropriates for these purposes $30,000,000 from the General Fund
each calendar year, as cumulatively adjusted annually by the
California Necessities Index (CNI), as specified.
This bill would provide that a child eligible for the Approved
Relative Caregiver Funding Option Program shall not be subject to
certain requirements of CalWORKs, except as specified. This bill
would require, among other things, that any income or benefit
received by an eligible child or an approved relative caregiver on
behalf of the eligible child that would be offset against the basic
rate paid to a foster care provider, as specified, be offset from any
funds, other than CalWORKs funds, paid to the approved relative
caregiver, and would require counties to recoup overpayment in the
program using the standards and processes for overpayment recoupment
that are applicable to overpayments to an approved home of a
relative, as specified. The bill would revise the funding provisions
for the Approved Relative Caregiver Funding Option Program, including
appropriating from the General Fund the sum of $15,000,000 for the
period of January 1, 2015, to June 30, 2015, inclusive, and the
amount of $30,000,000, with specified adjustments, for the period of
July 1, 2015, to June 30, 2016, inclusive. For every 12-month period
thereafter, the bill would require an amount calculated pursuant to a
specified formula to be appropriated to fund the Approved Relative
Caregiver Funding Option Program, as prescribed.
(10) Existing federal law, the Homeland Security Act of 2002,
empowers the Director of the Office of Refugee Resettlement of the
United States Department of Health and Human Services with functions
under the immigration laws of the United States with respect to the
care of unaccompanied alien children, as defined, including, but not
limited to, coordinating and implementing the care and placement of
unaccompanied alien children who are in federal custody by reason of
their immigration status, including developing a plan to be submitted
to Congress on how to ensure that qualified and independent legal
counsel is timely appointed to represent the interests of each child,
as provided. Existing law requires the State Department of Social
Services, subject to the availability of funding, to contract with
qualified nonprofit legal services organizations to provide legal
services to unaccompanied undocumented minors, as defined, who are
transferred to the care and custody of the federal Office of Refugee
Resettlement and who are present in this state. Existing law requires
that the contracts awarded meet certain conditions.
Existing policy of the United States Department of Homeland
Security, Deferred Action for Childhood Arrivals (DACA), and Deferred
Action for Parents of Americans and Lawful Permanent Residents
(DAPA), provides that certain persons who do not have legal status in
the United States and who meet specified guidelines may apply for
deferred action on removal from the United States, as specified.
Commencing January 1, 2016, this bill would require the State
Department of Social Services, subject to the availability of
funding, to provide grants to qualified organizations, as specified,
to be used to provide persons living in California with specified
services, including services to assist with the application process
for initial or renewal requests of deferred action under the DACA and
DAPA policies, and to provide legal training and technical
assistance to other qualified organizations. The bill would also
require the department, subject to the availability of funding, to
provide grants to qualified organizations to provide free education
and outreach information, services, and materials about DACA, DAPA,
naturalization, or other immigration remedies. The bill would require
the department to update the Legislature in the course of budget
hearings on specified information, including the timelines for
implementation of these provisions and the participating
organizations awarded contracts or grants.
(11) 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 2014-15 fiscal years, inclusive.
This bill would extend the suspension of the above-described
payments to local child support agencies through the 2016-17 fiscal
year.
(12) Existing law requires each county welfare department to
establish and support a system of protective services to elderly and
dependent adults who may be subjected to neglect, abuse, or
exploitation, or who are unable to protect their own interests.
This bill would require the State Department of Social Services to
establish one full-time position that reports to the director to
assist counties with specified functions in the operation of their
adult protective services system, including developing recommended
program goals, performance measures, and outcomes for the system.
(13) Existing law provides for the allocation of funds
appropriated from the continuously appropriated Local Revenue Fund
for the distribution of sales tax and motor vehicle license fee
moneys to local agencies for the administration of various social
service programs.
The Local Revenue Fund is divided into various accounts and
subaccounts, including the Vehicle License Fee Growth Account, the
Sales Tax Growth Account, and the Sales Tax Account, which includes
the Mental Health Subaccount, the Social Services Subaccount, and the
Family Support Subaccount, among other subaccounts.
This bill would, on and after August 1, 2015, add the County
Medical Services Program Subaccount to the Sales Tax Account. The
bill would create various new subaccounts in the Vehicle License Fee
Account. The bill would also create the County Medical Services
Program Growth Subaccount and the General Growth Subaccount in the
Vehicle License Fee Growth Account.
Existing law provides for the deposit of sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund into
specified subaccounts of the Sales Tax Account. Existing law requires
the Controller to deposit into the Sales Tax Growth Account certain
remaining unallocated excess sales tax revenues. Existing law
requires the Controller to transfer funds from the Social Services
Subaccount to the Health Subaccount in an amount not to exceed
$1,000,000,000 in any fiscal year, as specified.
This bill would, for the 2015-16 fiscal year, and each fiscal year
thereafter, include the County Medical Services Program Subaccount
among those subaccounts for deposit of sales tax proceeds, as
specified, and would provide for the remaining unallocated excess
sales tax revenues to be deposited after that allocation. The bill
would restrict the limit for fund transfers between the Social
Services Subaccount and the Health Subaccount to the 2014-15 fiscal
year.
The bill would also require the Controller to make monthly
deposits of vehicle license fee proceeds, from revenues deposited to
the credit of the Local Revenue Fund, to various subaccounts of the
Vehicle License Fee Account. The bill would provide that any excess
vehicle license fee revenues would be deposited in the Vehicle
License Fee Growth Account of the Local Revenue Fund.
Existing law requires the Controller to deposit specified amounts
to the County Medical Services Subaccount in lieu of depositing those
amounts into the County Medical Services Program Account of the
County Health Services Fund, upon request of the County Medical
Services Program Governing Board. Existing law also provides for the
allocation of funds to eligible jurisdictions with a
poverty-population shortfall if deposits into certain subaccounts in
the Sales Tax Growth Account are not sufficient to eliminate
poverty-population shortfalls, as calculated by the Department of
Finance.
This bill would delete those provisions.
Existing law requires the Controller to allocate funds from the
General Growth Subaccount in the Sales Tax Growth Account to the
Mental Health Account of each county, city, or city and county based
on a schedule provided by the Department of Finance, to allocate a
specified percentage of the total General Growth Subaccount to the
Health Account, and to allocate the remaining funds to the Child
Poverty and Family Supplemental Support Subaccount in the Sales Tax
Account.
This bill would continue the allocation to the local Mental Health
Accounts, but would instead require the Controller to allocate that
specified percentage of the General Growth Subaccount to the health
account of each county, city, or city and county based on a schedule
provided by the Department of Finance, and to allocate the remaining
funds to the family support account of each county or city and
county, as specified.
Existing law requires a county or city, as a condition of the
deposit of funds from the Sales Tax Account of the Local Revenue Fund
into the local health and welfare trust fund account of that county
or city, to deposit general purpose revenues into that account
pursuant to a specified schedule, and to take additional financial
actions, as specified. Similarly, a county, city, or city and county
is required, as a condition of the deposit of Sales Tax Growth
Account funds into the local health and welfare trust fund account,
to deposit local matching funds into that account, as specified.
This bill would delete those additional financial action and
matching fund requirements.
(14) Existing federal law provides for the Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, under
which supplemental nutrition assistance benefits allocated to the
state by the federal government are distributed to eligible
individuals by each county. Existing law requires the State
Department of Social Services to redetermine recipient eligibility
and grant amounts under CalFresh on a semiannual basis, using
prospective budgeting, and to prospectively determine the benefit
amount that a recipient is entitled to receive for each month of the
semiannual reporting period. Existing law requires counties, for
individuals who are also Medi-Cal beneficiaries, to seek to align the
timing of the semiannual reports with the reports required by the
Medi-Cal program.
This bill would make that requirement inapplicable to CalFresh
households in which all adult members are elderly or disabled
members, as defined, and in which the household has no earned income.
This bill would also state the intent of the Legislature to
eliminate change reporting, as defined, and to assign certification
periods for CalFresh households that are the maximum allowed under
federal law.
(15) Existing law requires the State Department of Social Services
to implement an intensive treatment foster care program in each
county that applies for and receives the department's approval for an
intensive treatment foster care program rate. Existing law
establishes a standard rate schedule of service and rate levels and,
until June 30, 2015, an interim schedule of modified service and rate
levels. Existing law requires counties and cities and counties to
pay 100% of the nonfederal costs of these intensive foster care
programs.
This bill would extend the operation of the interim schedule of
modified service and rate levels until December 31, 2016. The bill
would also require that the amount paid to a certified foster parent
under an intensive treatment foster care program be adjusted on July
1, 2015, and on July 1, 2016, by an amount equal to the California
Necessities Index. To the extent that this bill would increase the
cost to counties and cities and counties of these intensive treatment
foster care programs, this bill would impose a state-mandated local
program.
(16) The bill would authorize the State Department of Social
Services to implement specified provisions of the bill through
all-county letters or similar instructions and would require the
department to adopt emergency regulations implementing these
provisions no later than January 1, 2017.
(17) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(18) 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 1040 of the Evidence Code is amended to read:
1040. (a) As used in this section, "official information" means
information acquired in confidence by a public employee in the course
of his or her duty and not open, or officially disclosed, to the
public prior to the time the claim of privilege is made.
(b) A public entity has a privilege to refuse to disclose official
information, and to prevent another from disclosing official
information, if the privilege is claimed by a person authorized by
the public entity to do so and either of the following apply:
(1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this state.
(2) Disclosure of the information is against the public interest
because there is a necessity for preserving the confidentiality of
the information that outweighs the necessity for disclosure in the
interest of justice; but no privilege may be claimed under this
paragraph if any person authorized to do so has consented that the
information be disclosed in the proceeding. In determining whether
disclosure of the information is against the public interest, the
interest of the public entity as a party in the outcome of the
proceeding may not be considered.
(c) Notwithstanding any other law, the Employment Development
Department shall disclose to law enforcement agencies, in accordance
with subdivision (i) of Section 1095 of the Unemployment Insurance
Code, information in its possession relating to any person if an
arrest warrant has been issued for the person for commission of a
felony.
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, 2014-15, 2015-16, and
2016-17 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 or certified family home.
(a) (1) Before and, as applicable, subsequent to 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, or for violating Section 245,
273ab, 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 is prohibited from granting a criminal record exemption
pursuant to subdivision (g).
(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 2016-17 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 criminal
record information 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, or the issuance of a certificate of approval of a
certified family home by a foster family agency, the department
determines that the licensee or any other person specified in
subdivision (b) has a criminal record, the department may revoke the
license, or require a foster family agency to revoke the certificate
of approval, pursuant to Section 1550. The department may also
suspend the license or require a foster family agency to suspend the
certificate of approval 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 record clearances and exemptions for the
following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a client, residing in the facility or
certified family home.
(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 or certified family home. 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 or certified family home 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 or certified parent are
not left alone with the foster children. However, the licensee or
certified parent, 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 or
certified parent, 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, 273ab, 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 and, as applicable, subsequent to 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,
273ab, 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 is prohibited from granting a
criminal record exemption pursuant to subdivision (g). 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, certificate of
approval, or presence 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 criminal record information 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 or other approving
authority 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 or presence shall be denied, unless the director grants
an exemption from disqualification pursuant to subdivision (g).
(8) If the State Department of Social Services or other approving
authority 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) (1) 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.
(2) The department shall not issue a criminal record clearance to
a person who has been arrested for any crime specified in Section 290
of the Penal Code, or for violating Section 245, 273ab, or 273.5, or
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 is prohibited from granting a
criminal record exemption pursuant to subdivision (g), prior to the
department's completion of an investigation pursuant to paragraph
(1).
(3) 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 273ab, 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 1534 of the Health and Safety Code is amended to
read:
1534. (a) (1) (A) Except for foster family homes, every licensed
community care facility shall be subject to unannounced inspections
by the department.
(B) Foster family homes shall be subject to announced inspections
by the department, except that a foster family home shall be subject
to unannounced inspections in response to a complaint, a plan of
correction, or under any of the circumstances set forth in
subparagraph (B) of paragraph (2).
(2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.
(B) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(C) (i) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities, except for
foster family homes, not subject to an inspection under subparagraph
(B).
(ii) The department shall conduct annual announced inspections of
no less than 20 percent of foster family homes not subject to an
inspection under subparagraph (B).
(iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.
(iv) If the total citations issued by the department to facilities
exceed the previous year's total by 10 percent, the following year
the department shall increase the random sample by an additional 10
percent of the facilities not subject to an inspection under
subparagraph (B). The department may request additional resources to
increase the random sample by 10 percent.
(v) The department shall not inspect a licensed community care
facility less often than once every five years.
(3) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a public or nonpublic school. The department
shall respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program in which a licensed
community care facility is certifying compliance with licensing
requirements.
(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that the
certified family home meets all applicable licensing standards. A
foster family agency may inspect a certified family home as often as
necessary to ensure the quality of care provided.
(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an unannounced
inspection of a certified family home under any of the following
circumstances:
(i) When a certified family home is on probation.
(ii) When the terms of the agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a certified family home is
pending.
(iv) When a certified family home requires an annual inspection as
a condition of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
certified family home by the department is no longer at the home.
(3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent or
prospective foster parent shall be afforded the due process provided
pursuant to this chapter.
(4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(6) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(7) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. In all proceedings
conducted in accordance with this section the standard of proof shall
be by a preponderance of the evidence.
(9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster
parent, notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.
(10) A foster family agency's failure to comply with the
department's order to deny or revoke the certificate of approval by
placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 5. Section 1534 is added to the Health and Safety Code, to
read:
1534. (a) (1) (A) Except for foster family homes, every
licensed community care facility shall be subject to unannounced
inspections by the department.
(B) Foster family homes shall be subject to announced inspections
by the department, except that a foster family home shall be subject
to unannounced inspections in response to a complaint, a plan of
correction, or under any of the circumstances set forth in
subparagraph (B) of paragraph (2).
(2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.
(B) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(C) On and after January 1, 2017, and until January 1, 2018, the
following shall apply:
(i) Except for foster family homes, the department shall conduct
annual unannounced inspections of no less than 30 percent of every
licensed community care facility not subject to an inspection under
subparagraph (B).
(ii) The department shall conduct annual announced inspections of
no less than 30 percent of foster family homes not subject to an
inspection under subparagraph (B).
(iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.
(iv) The department shall inspect a licensed community care
facility at least once every three years.
(D) On and after January 1, 2018, and until January 1, 2019, the
following shall apply:
(i) The department shall conduct annual unannounced inspections of
no less than 20 percent of adult residential facilities, adult day
programs, social rehabilitation facilities, enhanced behavioral
support homes for adults, and community crisis homes, as defined in
Section 1502, which are not subject to an inspection under
subparagraph (B).
(ii) These inspections shall be conducted based on a random
sampling methodology developed by the department.
(iii) The department shall inspect an adult residential facility,
adult day program, social rehabilitation facility, enhanced
behavioral support home for adults, and community crisis home, as
defined in Section 1502, at least once every two years.
(E) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all adult residential facilities,
adult day programs, social rehabilitation facilities, enhanced
behavioral support homes for adults, and community crisis homes, as
defined in Section 1502, and adult residential facilities for persons
with special health care needs, as defined in Section 4684.50 of the
Welfare and Institutions Code.
(F) On and after January 1, 2018, the following shall apply:
(i) Except for foster family homes, the department shall conduct
annual unannounced inspections of no less than 20 percent of
residential care facilities for children, as defined in Section 1502,
including enhanced behavioral support homes for children,
transitional housing placement providers, and foster family agencies
not subject to an inspection under subparagraph (B).
(ii) The department shall conduct annual announced inspections of
no less than 20 percent of foster family homes, as defined in Section
1502, not subject to an inspection under subparagraph (B).
(iii) The inspections in clauses (i) and (ii) shall be conducted
based on a random sampling methodology developed by the department.
(iv) The department shall conduct unannounced inspections of
residential care facilities for children, as defined in Section 1502,
including enhanced behavioral support homes for children,
transitional housing placement providers, and foster family agencies,
and announced inspections of foster family homes, at least once
every two years.
(3) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a public or nonpublic school. The department
shall respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program in which a licensed
community care facility is certifying compliance with licensing
requirements.
(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that the
certified family home meets all applicable licensing standards. A
foster family agency may inspect a certified family home as often as
necessary to ensure the quality of care provided.
(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an unannounced
inspection of a certified family home under any of the following
circumstances:
(i) When a certified family home is on probation.
(ii) When the terms of the agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a certified family home is
pending.
(iv) When a certified family home requires an annual inspection as
a condition of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
certified family home by the department is no longer at the home.
(3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent or
prospective foster parent shall be afforded the due process provided
pursuant to this chapter.
(4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(6) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(7) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. In all proceedings
conducted in accordance with this section the standard of proof shall
be by a preponderance of the evidence.
(9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster
parent, notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.
(10) A foster family agency's failure to comply with the
department's order to deny or revoke the certificate of approval by
placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.
(c) This section shall become operative on January 1, 2017.
SEC. 6. Section 1569.33 of the Health and Safety Code is amended
to read:
1569.33. (a) Every licensed residential care facility for the
elderly shall be subject to unannounced inspections by the
department. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.
(b) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
(c) (1) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities not subject to
an inspection under subdivision (b). These unannounced inspections
shall be conducted based on a random sampling methodology developed
by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an inspection under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department inspect a
residential care facility for the elderly less often than once every
five years.
(e) (1) The department shall notify the residential care facility
for the elderly in writing of all deficiencies in its compliance with
the provisions of this chapter and the rules and regulations adopted
pursuant to this chapter.
(2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the
deficiencies within 10 days of the notification.
(f) (1) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.
(B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by January
1, 2020.
(g) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or a
special environment for persons with dementia to monitor compliance
with Sections 1569.626 and 1569.627.
(h) (1) The department shall design, or cause to be designed, a
poster that contains information on the appropriate reporting agency
in case of a complaint or emergency.
(2) Each residential care facility for the elderly shall post this
poster in the main entryway of its facility.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 7. Section 1569.33 is added to the Health and Safety Code, to
read:
1569.33. (a) Every licensed residential care facility for the
elderly shall be subject to unannounced inspections by the
department. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.
(b) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual inspection as a condition
of receiving federal financial participation.
(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
(c) On and after January 1, 2017, and until January 1, 2018, the
following shall apply:
(1) The department shall conduct annual unannounced inspections of
no less than 30 percent of residential care facilities for the
elderly not subject to an inspection under subdivision (b).
(2) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(3) The department shall inspect a residential care facility for
the elderly at least once every three years.
(d) On and after January 1, 2018, and until January 1, 2019, the
following shall apply:
(1) The department shall conduct annual unannounced inspections of
no less than 20 percent of residential care facilities for the
elderly not subject to an evaluation under subdivision (b).
(2) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(3) The department shall inspect a residential care facility for
the elderly at least once every two years.
(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all residential care facilities for
the elderly.
(f) (1) The department shall notify the residential care facility
for the elderly in writing of all deficiencies in its compliance with
the provisions of this chapter and the rules and regulations adopted
pursuant to this chapter.
(2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the
deficiencies within 10 days of the notification.
(g) (1) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.
(B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by January
1, 2020.
(h) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or a
special environment for persons with dementia to monitor compliance
with Sections 1569.626 and 1569.627.
(i) (1) The department shall design, or cause to be designed, a
poster that contains information on the appropriate reporting agency
in case of a complaint or emergency.
(2) Each residential care facility for the elderly shall post this
poster in the main entryway of its facility.
(j) This section shall become operative on January 1, 2017.
SEC. 8. 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 and, as applicable, subsequent to 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, or for violating Section 245, 273ab, 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 is prohibited from granting a criminal
record exemption pursuant to subdivision (f).
(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 2016-17 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 criminal
record information 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 record clearances and exemptions for 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, a person specified in
subdivision (b) who is not exempt from fingerprinting shall obtain
either a criminal record clearance or an exemption from
disqualification, pursuant to subdivision (f), 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, or 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 and related information shall be
electronically submitted to the Department of Justice 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. A licensee's failure to submit fingerprint images and
related information 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 1596.886. The State
Department of Social Services may assess civil penalties for repeated
or continued violations permitted by Sections 1596.99 and 1597.58.
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 1596.886. The department may assess civil
penalties for repeated or continued violations, as permitted by
Sections 1596.99 and 1597.58.
(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, 273ab, 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 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) (1) 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.
(2) The department shall not issue a criminal record clearance to
a person who has been arrested for any crime specified in Section 290
of the Penal Code, or for violating Section 245, 273ab, or 273.5, or
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 is prohibited from granting a
criminal record exemption pursuant to subdivision (f), prior to the
department's completion of an investigation pursuant to paragraph
(1).
(3) 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
shall 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 273ab, 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 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 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 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. 9. Section 1597.09 of the Health and Safety Code is amended
to read:
1597.09. (a) Each licensed child day care center shall be subject
to unannounced inspections by the department. The department shall
inspect these facilities as often as necessary to ensure the quality
of care provided.
(b) The department shall conduct an annual unannounced inspection
of a licensed child day care center under any of the following
circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
(c) (1) The department shall conduct an annual unannounced
inspection of no less than 20 percent of facilities not subject to an
inspection under subdivision (b). These unannounced inspections
shall be conducted based on a random sampling methodology developed
by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an inspection under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department inspect a licensed
child day care center less often than once every five years.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 10. Section 1597.09 is added to the Health and Safety Code,
to read:
1597.09. (a) Each licensed child day care center shall be subject
to unannounced inspections by the department. The department shall
inspect these facilities as often as necessary to ensure the quality
of care provided.
(b) The department shall conduct an annual unannounced inspection
of a licensed child day care center under any of the following
circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
(c) (1) The department shall conduct an annual unannounced
inspection of no less than 30 percent of facilities not subject to an
evaluation under subdivision (b).
(2) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(d) The department shall inspect a licensed child day care center
at least once every three years.
(e) This section shall become operative on January 1, 2017.
SEC. 11. Section 1597.55a of the Health and Safety Code is amended
to read:
1597.55a. Every family day care home shall be subject to
unannounced inspections by the department as provided in this
section. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.
(a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities not subject to
an inspection under subdivision (b). These unannounced inspections
shall be conducted based on a random sampling methodology developed
by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an inspection under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department inspect a licensed
family day care home less often than once every five years.
(e) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
(f) The department or licensing agency shall make an unannounced
site inspection on the basis of a complaint and a followup inspection
as provided in Section 1596.853.
(g) An unannounced site inspection shall adhere to both of the
following conditions:
(1) The inspection shall take place only during the facility's
normal business hours or at any time family day care services are
being provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 12. Section 1597.55a is added to the Health and Safety Code,
to read:
1597.55a. Every family day care home shall be subject to
unannounced inspections by the department as provided in this
section. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.
(a) The department shall conduct an announced site inspection
prior to the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced
inspections of no less than 30 percent of facilities not subject to
an inspection under subdivision (b).
(2) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(d) The department shall inspect a licensed family day care home
at least once every three years.
(e) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
(f) The department or licensing agency shall make an unannounced
site inspection on the basis of a complaint and a followup inspection
as provided in Section 1596.853.
(g) An unannounced site inspection shall adhere to both of the
following conditions:
(1) The inspection shall take place only during the facility's
normal business hours or at any time family day care services are
being provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
(i) This section shall become operative on January 1, 2017.
SEC. 13. Section 18726 of the Revenue and Taxation Code is amended
to read:
18726. (a) There is hereby established in the State Treasury
the California Senior Legislature Fund to receive contributions made
pursuant to Section 18725. The Franchise Tax Board shall notify the
Controller of both the amount of money paid by taxpayers in excess of
their tax liability and the amount of refund money that taxpayers
have designated pursuant to Section 18725 to be transferred to the
California Senior Legislature Fund. The Controller shall transfer
from the Personal Income Tax Fund to the California Senior
Legislature Fund an amount not in excess of the sum of the amounts
designated by individuals pursuant to Section 18725 for payment into
that fund.
(b) The California Senior Legislature Fund is the successor fund
of the California Fund for Senior Citizens. All assets, liabilities,
revenues, and expenditures of the California Fund for Senior Citizens
shall be transferred to, and become a part of, the California Senior
Legislature Fund, as provided in Section 16346 of the Government
Code. Any references in state law to the California Fund for Senior
Citizens shall be construed to refer to the California Senior
Legislature Fund.
SEC. 14. Section 1095 of the Unemployment Insurance Code is
amended to read:
1095. The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
(a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
(b) To properly present a claim for benefits.
(c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
(d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
(e) To enable an employer to receive a reduction in contribution
rate.
(f) To enable federal, state, or local governmental departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
seq.), when the verification or determination is directly connected
with, and limited to, the administration of public social services.
(g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, when the determination
is directly connected with, and limited to, the administration of
general relief or assistance.
(h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
(i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence. The information provided pursuant
to this subdivision shall be provided to the
extent permitted by federal law and regulations, and to the extent
the information is available and accessible within the constraints
and configurations of existing department records. Any person who
receives any information under this subdivision shall make a written
report of the information to the law enforcement agency that employs
him or her, for filing under the normal procedures of that agency.
(1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
(2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
(3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
(4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
(j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
(k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
( l ) To enable federal, state, or local governmental
departments or agencies to administer child support enforcement
programs under Part D of Title IV of the federal Social Security Act
(42 U.S.C. Sec. 651 et seq.).
(m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration of
the Victims of Crime Program or in the location of victims of crime
who, by state mandate or court order, are entitled to restitution
that has been or can be recovered.
(n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are or
have been:
(1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.
(2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies. The information released by
the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.
(o) To provide an authorized governmental agency with any or all
relevant information that relates to any specific workers'
compensation insurance fraud investigation. The information shall be
provided to the extent permitted by federal law and regulations. For
the purposes of this subdivision, "authorized governmental agency"
means the district attorney of any county, the office of the Attorney
General, the Contractors' State License Board, the Department of
Industrial Relations, and the Department of Insurance. An authorized
governmental agency may disclose this information to the State Bar,
the Medical Board of California, or any other licensing board or
department whose licensee is the subject of a workers' compensation
insurance fraud investigation. This subdivision shall not prevent any
authorized governmental agency from reporting to any board or
department the suspected misconduct of any licensee of that body.
(p) To enable the Director of Consumer Affairs, or his or her
representatives, to access unemployment insurance quarterly wage data
on a case-by-case basis to verify information on school
administrators, school staff, and students provided by those schools
who are being investigated for possible violations of Chapter 8
(commencing with Section 94800) of Part 59 of Division 10 of Title 3
of the Education Code.
(q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department. Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents. Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
(r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
(s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
(t) To provide the State Board of Equalization with employment tax
information that will assist in the administration of tax programs.
The information shall be limited to the exchange of employment tax
information essential for tax administration purposes to the extent
permitted by federal law and regulations.
(u) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by any private collection agency.
(v) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included penalties
under Section 1128 or 1128.1 shall not be in violation of Section
1094 if the assessment is final. The disclosure may also include any
of the following:
(1) The total amount of the assessment.
(2) The amount of the penalty imposed under Section 1128 or 1128.1
that is included in the assessment.
(3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.
(w) To enable the Contractors' State License Board to verify the
employment history of an individual applying for licensure pursuant
to Section 7068 of the Business and Professions Code.
(x) To provide any peace officer with the Division of
Investigation in the Department of Consumer Affairs information
pursuant to subdivision (i) when the requesting peace officer has
been designated by the chief of the Division of Investigation and
requests this information in the course of and as part of an
investigation into the commission of a crime or other unlawful act
when there is reasonable suspicion to believe that the crime or act
may be connected to the information requested and would lead to
relevant information regarding the crime or unlawful act.
(y) To enable the Labor Commissioner of the Division of Labor
Standards Enforcement in the Department of Industrial Relations to
identify, pursuant to Section 90.3 of the Labor Code, unlawfully
uninsured employers. The information shall be provided to the extent
permitted by federal law and regulations.
(z) To enable the Chancellor of the California Community Colleges,
in accordance with the requirements of Section 84754.5 of the
Education Code, to obtain quarterly wage data, commencing January 1,
1993, on students who have attended one or more community colleges,
to assess the impact of education on the employment and earnings of
students, to conduct the annual evaluation of district-level and
individual college performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(aa) To enable the Public Employees' Retirement System to seek
criminal, civil, or administrative remedies in connection with the
unlawful application for, or receipt of, benefits provided under Part
3 (commencing with Section 20000) of Division 5 of Title 2 of the
Government Code.
(ab) To enable the State Department of Education, the University
of California, the California State University, and the Chancellor of
the California Community Colleges, pursuant to the requirements
prescribed by the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5), to obtain quarterly wage data, commencing
July 1, 2010, on students who have attended their respective systems
to assess the impact of education on the employment and earnings of
those students, to conduct the annual analysis of district-level and
individual district or postsecondary education system performance in
achieving priority educational outcomes, and to submit the required
reports to the Legislature and the Governor. The information shall be
provided to the extent permitted by federal statutes and
regulations.
(ac) To provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code). The information shall
be provided to the extent permitted by federal statutes and
regulations.
(ad) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages and number of employees,
and disability insurance and unemployment insurance claim
information, for the purpose of:
(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code, and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the Insurance Code, when the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.
(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), when the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, when the verification or determination is directly
connected with, and limited to, the administration of the Small
Business Health Options Program.
(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division
of the Department of Motor Vehicles with information pursuant to
subdivision (i), when the requesting peace officer has been
designated by the Chief of the Investigations Division and requests
this information in the course of, and as part of, an investigation
into identity theft, counterfeiting, document fraud, or consumer
fraud, and there is reasonable suspicion that the crime is a felony
and that the information would lead to relevant evidence regarding
the identity theft, counterfeiting, document fraud, or consumer
fraud. The information provided pursuant to this subdivision shall be
provided to the extent permitted by federal law and regulations, and
to the extent the information is available and accessible within the
constraints and configurations of existing department records. Any
person who receives any information under this subdivision shall make
a written report of the information to the Investigations Division
of the Department of Motor Vehicles, for filing under the normal
procedures of that division.
(af) Until January 1, 2020, to enable the Department of Finance to
prepare and submit the report required by Section 13084 of the
Government Code that identifies all employers in California that
employ 50 or more employees who receive benefits from the Medi-Cal
program (Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code). The information
used for this purpose shall be limited to information obtained
pursuant to Section 11026.5 of the Welfare and Institutions Code and
from the administration of personal income tax wage withholding
pursuant to Division 6 (commencing with Section 13000) and the
disability insurance program and may be disclosed to the Department
of Finance only for the purpose of preparing and submitting the
report and only to the extent not prohibited by federal law.
(ag) To provide, to the extent permitted by federal law and
regulations, the Student Aid Commission with wage information in
order to verify the employment status of an individual applying for a
Cal Grant C award pursuant to subdivision (c) of Section 69439 of
the Education Code.
(ah) To enable the Department of Corrections and Rehabilitation to
obtain quarterly wage data of former inmates who have been
incarcerated within the prison system in order to assess the impact
of rehabilitation services or the lack of these services on the
employment and earnings of these former inmates. Quarterly data for a
former inmate's employment status and wage history shall be provided
for a period of one year, three years, and five years following
release. The data shall only be used for the purpose of tracking
outcomes for former inmates in order to assess the effectiveness of
rehabilitation strategies on the wages and employment histories of
those formerly incarcerated. The information shall be provided to the
department to the extent not prohibited by federal law.
(ai) To enable federal, state, or local government departments or
agencies, or their contracted agencies, subject to federal law,
including the confidentiality, disclosure, and other requirements set
forth in Part 603 of Title 20 of the Code of Federal Regulations, to
evaluate, research, or forecast the effectiveness of public social
services programs administered pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Subchapter IV of Chapter 7 of the federal Social Security Act (42
U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast
is directly connected with, and limited to, the administration of the
public social services programs.
SEC. 15. Section 9305 of the Welfare and Institutions Code is
amended to read:
9305. (a) The funds for the California Senior Legislature shall
be allocated from the California Senior Legislature Fund or from
private funds directed to the Legislature for the purpose of funding
activities of the California Senior Legislature.
(b) The California Senior Legislature may accept gifts and grants
from any source, public or private, to help perform its functions,
pursuant to Section 9304.
SEC. 16. Section 11253.4 is added to the Welfare and Institutions
Code, to read:
11253.4. (a) (1) On and after January 1, 2015, a child eligible
for the Approved Relative Caregiver Funding Option Program in
accordance with Section 11461.3, is not subject to the provisions of
this chapter relating to CalWORKs, including, but not limited to, the
provisions that relate to CalWORKs eligibility, welfare-to-work,
time limits, or grant computation.
(2) All of the following shall apply to a child specified in
paragraph (1):
(A) He or she shall receive the applicable regional CalWORKs grant
for recipient in an assistance unit of one, pursuant to the exempt
maximum aid payment set forth in Section 11450, and any changes to
the CalWORKs grant amount shall apply to the grant described in this
subparagraph.
(B) Notwithstanding any other law, the CalWORKs grant of the child
shall be paid by the county with payment responsibility as described
in subdivision (b) of Section 11461.3, rather than the county of
residence of the child, unless the child resides in the county with
payment responsibility.
(C) For an assistance unit described in subparagraph (A),
eligibility shall be determined in accordance with paragraph (3) of
subdivision (a) of Section 672 of Title 42 of the United States Code
and state law implementing those requirements for the purposes of
Article 5 (commencing with Section 11400).
(b) (1) Except as provided in paragraph (2), a person who is an
approved relative caregiver with whom a child eligible in accordance
with Section 11461.3 is placed, shall be exempt from Chapter 4.6
(commencing with Section 10830) of Part 2 governing the statewide
fingerprint imaging system.
(2) An approved relative caregiver who is also an applicant for or
a recipient of benefits under this chapter shall comply with the
statewide fingerprint imaging system requirements.
(c) Notwithstanding Sections 11004 and 11004.1 or any other law,
overpayments to an assistance unit described in subparagraph (A) of
paragraph (2) of subdivision (a) shall be collected in accordance
with subdivision (d) of Section 11461.3.
(d) If an approved relative caregiver with whom a child eligible
in accordance with Section 11461.3 is placed is also an applicant for
or a recipient of benefits under this chapter all of the following
shall apply:
(1) The applicant or recipient and each eligible child, excluding
any child eligible in accordance with Section 11461.3, shall receive
aid in an assistance unit separate from the assistance unit described
in subparagraph (A) of paragraph (2) of subdivision (a), and the
CalWORKs grant of the assistance unit shall be paid by the county of
residence of the assistance unit.
(2) For purposes of calculating the grant of the assistance unit,
the number of eligible needy persons on which the grant is based
pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
not include any child eligible in accordance with Section 11461.3.
(3) For purposes of calculating minimum basic standards of
adequate care for the assistance unit, any child eligible in
accordance with Section 11461.3 shall be included as an eligible
needy person in the same family pursuant to paragraph (2) of
subdivision (a) of Section 11452.
(e) This section shall apply retroactively to a child eligible for
the Approved Relative Caregiver Funding Option Program and his or
her approved relative caregiver as of January 1, 2015.
SEC. 17. Section 11265.3 of the Welfare and Institutions Code is
amended to read:
11265.3. (a) In addition to submitting the semiannual report form
as required in Section 11265.1, the department shall establish an
income reporting threshold for recipients of CalWORKs.
(b) The CalWORKs income reporting threshold 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
CalWORKs benefits.
(3) The amount likely to render the recipient ineligible for
federal Supplemental Nutrition Assistance Program benefits.
(c) A recipient 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) The household address has changed. The act of failing to
report an address change shall not, in and of itself, result in a
reduction in aid or termination of benefits.
(3) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition of probation or parole, as
specified in Section 11486.5.
(d) At least once per semiannual reporting period, counties shall
inform each recipient of all of the following:
(1) The amount of the recipient's income reporting threshold.
(2) The duty to report under this section.
(3) The consequences of failing to report.
(e) When a recipient reports income exceeding the reporting
threshold, the county shall redetermine eligibility and the grant
amount as follows:
(1) If the recipient reports the increase in income for the first
through fifth months of a current semiannual reporting period, 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, the county shall discontinue the
recipient with timely and adequate notice, effective at the end of
the month in which the income was received.
(B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, the county shall reduce the
recipient's grant amount for the remainder of the semiannual
reporting period with timely and adequate notice, effective the first
of the month following the month in which the income was received.
(2) If the recipient reports an increase in income for the sixth
month of a current semiannual reporting period, the county shall not
redetermine eligibility for the current semiannual reporting period,
but shall consider this income in redetermining eligibility and the
grant amount for the following semiannual reporting period, as
provided in Sections 11265.1 and 11265.2.
(f) Counties shall act upon changes in income voluntarily reported
during the semiannual reporting period that result in an increase in
benefits, only after verification specified by the department is
received. Reported changes in income that increase the grants shall
be effective for the entire month in which the change is reported. If
the reported change in income results in an increase in benefits,
the county shall issue the increased benefit amount within 10 days of
receiving required verification.
(g) (1) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall recalculate the grant for the
current month and any remaining months in the semiannual reporting
period pursuant to Sections 11265.1 and 11265.2 based on the actual
gross monthly income reported and verified from the voluntary report
for the current month and the gross monthly income that is reasonably
anticipated for any future months remaining in the semiannual
reporting period.
(2) When the anticipated income is determined pursuant to
paragraph (1), and a grant amount is calculated based upon the new
income, if the grant amount is higher than the grant currently in
effect, the county shall revise the grant for the current month and
any remaining months in the semiannual reporting period to the higher
amount and shall issue any increased benefit amount as provided in
subdivision (f).
(h) During the semiannual reporting period, a recipient may report
to the county, orally or in writing, any changes in income and
household circumstances that may increase the recipient's grant.
Except as provided in subdivision (i), counties shall act only upon
changes in household composition voluntarily reported by the
recipients during the semiannual reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first through fifth month of the semiannual reporting period and
results in an increase in benefits, the county shall recalculate the
grant effective for the month following the month in which the change
was reported. If the reported change in household composition is for
the sixth month of a semiannual reporting period, the county shall
not redetermine the grant for the current semiannual reporting
period, but shall redetermine the grant for the following reporting
period as provided in Sections 11265.1 and 11265.2.
(i) During the semiannual reporting period, a recipient 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 issue a notice informing the recipient of the
discontinuance.
(j) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section 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.
SEC. 18. Section 11265.47 of the Welfare and Institutions Code is
amended 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) 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. Increases
in the grant that result from reported changes in income shall be
effective for the entire month in which the change is reported and
any remaining months in the year. If the reported change in income
results in an increase in benefits, the county shall issue the
increased benefit amount within 10 days of receiving required
verification.
(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. 19. Section 11330.5 of the Welfare and Institutions Code is
amended to read:
11330.5. (a) The department shall award funds in accordance with
subdivision (e) to counties for the purpose of providing CalWORKs
housing supports to CalWORKs recipients who are experiencing
homelessness or housing instability that would be a barrier to
self-sufficiency or child well-being.
(b) Notwithstanding subdivision (a), this section does not create
an entitlement to housing supports, which are intended to be a
service to CalWORKs families and not a form of assistance, to be
provided to families at the discretion of the county.
(c) It is the intent of the Legislature that housing supports
provided pursuant to this article utilize evidence-based models,
including those established in the federal Department of Housing and
Urban Development's Homeless Prevention and Rapid Re-Housing Program.
Supports provided may include, but shall not be limited to, all of
the following:
(1) Financial assistance, including rental assistance, security
deposits, utility payments, moving cost assistance, and motel and
hotel vouchers.
(2) Housing stabilization and relocation, including outreach and
engagement, landlord recruitment, case management, housing search and
placement, legal services, and credit repair.
(d) The asset limit threshold specified in subdivision (f) of
Section 11450 shall not be used to determine a family's eligibility
for receipt of housing supports provided pursuant to this article.
(e) Funds appropriated for purposes of this article shall be
awarded to participating counties by the State Department of Social
Services according to criteria developed by the department in
consultation with the County Welfare Directors Association and
Housing California.
(f) The department, in consultation with the County Welfare
Directors Association and Housing California and other stakeholders,
shall develop each of the following:
(1) The criteria by which counties may be awarded funds to provide
housing supports to eligible CalWORKs recipients pursuant to this
article.
(2) The proportion of funding to be expended on reasonable and
appropriate administrative activities to minimize overhead and
maximize services.
(3) Tracking and reporting procedures.
(g) The department, in consultation with appropriate legislative
staff and the County Welfare Directors Association, shall determine,
in a manner that reflects the legislative intent for the use of these
funds and that is most beneficial to the overall CalWORKs program,
whether housing supports provided with this funding are considered to
be assistance or nonassistance payments.
(h) Counties may continue to provide housing supports under this
section to a recipient who is discontinued because he or she no
longer meets the income eligibility requirements of Section 11450.12.
SEC. 20. Section 11461.3 of the Welfare and Institutions Code is
amended to read:
11461.3. (a) The Approved Relative Caregiver Funding Option
Program is hereby established for the purpose of making the amount
paid to approved relative caregivers for the in-home care of children
placed with them who are ineligible for AFDC-FC payments equal to
the amount paid on behalf of children who are eligible for AFDC-FC
payments. This is an optional program for counties choosing to
participate, and in so doing, participating counties agree to the
terms of this section as a condition of their participation. It is
the intent of the Legislature that the funding described in paragraph
(1) of subdivision (g) for the Approved Relative Caregiver Funding
Option Program be appropriated, and available for use from January
through December of each year, unless otherwise specified.
(b) Subject to subdivision (e), effective January 1, 2015,
participating counties shall pay an approved relative caregiver a per
child per month rate in return for the care and supervision, as
defined in subdivision (b) of Section 11460, of a child that is
placed with the relative caregiver that is equal to the basic rate
paid to foster care providers pursuant to subdivision (g) of Section
11461, if both of the following conditions are met:
(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.
(2) The related child placed in the home meets all of the
following requirements:
(A) The child resides in California.
(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of the
child.
(C) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(c) Any income or benefits received by an eligible child or the
approved relative caregiver on behalf of the eligible child that
would be offset against the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461, shall be offset from
any funds that are not CalWORKs funds paid to the approved relative
caregiver pursuant to this section.
(d) Participating counties shall recoup an overpayment in the
Approved Relative Caregiver Funding Option Program received by an
approved relative caregiver using the standards and processes for
overpayment recoupment that are applicable to overpayments to an
approved home of a relative, as specified in Section 11466.24.
Recouped overpayments shall not be subject to remittance to the
federal government. Any overpaid funds that are collected by the
participating counties shall be remitted to the state after
subtracting both of the following:
(1) An amount not to exceed the county share of the CalWORKs
portion of the Approved Relative Caregiver Funding Option Program
payment, if any.
(2) Any other county funds that were included in the Approved
Relative Caregiver Funding Option Program payment.
(e) A county's election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate that
the county understands and agrees to all of the following conditions:
(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make timely
notification, without good cause as determined by the department,
shall preclude the county from participating in the program for the
upcoming calendar year. Annually thereafter, any county not already
participating who elects to do so shall notify the department in
writing no later than October 1 of its decision to participate for
the upcoming calendar year.
(2) The county shall confirm that it will make per child per month
payments to all approved relative caregivers on behalf of eligible
children in the amount specified in subdivision (b) for the duration
of the participation of the county in this program.
(3) The county shall confirm that it will be solely responsible to
pay any additional costs needed to make all payments pursuant to
subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant to
paragraph (1) of subdivision(g) are insufficient to make all eligible
payments.
(f) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days'
prior written notice of that decision to the department.
Additionally, the county shall provide at least 90 days' prior
written notice to the approved relative caregiver or caregivers
informing them that his or her per child per month payment will be
reduced and the date that the reduction will occur.
(2) The department shall presume that all counties have opted out
of the Approved Relative Caregiver Funding Option Program if the
funding appropriated for the current 12-month period is reduced below
the amount specified in subparagraph (B), subparagraph (C), or
subparagraph (D) of paragraph(2) of subdivision (g) for that 12-month
period, unless a county notifies the department in writing of its
intent to opt in within 60 days of enactment of the State Budget. The
counties shall provide at least 90 days' prior written notice to the
approved relative caregiver or caregivers informing them that his or
her per child per month payment will be reduced, and the date that
reduction will occur.
(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from a
decision by a county, including the presumed opt-out pursuant to
paragraph (2), to not participate in the Approved Relative Caregiver
Funding Option Program shall be exempt from state hearing
jurisdiction under Section 10950.
(g) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:
(A) The applicable regional per-child CalWORKs grant, in
accordance with subdivision (a) of Section 11253.4.
(B) General Fund resources, as appropriated in paragraph (2).
(C) County funds only to the extent required under paragraph (3)
of subdivision (e).
(D) Funding described in subparagraphs (A) and (B) is intended to
fully fund the base caseload of approved relative caregivers, which
is defined as the number of approved relative caregivers caring for a
child who is not eligible to receive AFDC-FC payments, as of July 1,
2014.
(2) The following amount is hereby appropriated from the General
Fund as follows:
(A) The sum of fifteen million dollars ($15,000,000), for the
period of January 1, 2015, to June 30, 2015, inclusive.
(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
there shall be appropriated an amount equal to the sum of all of the
following:
(i) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(C) For every 12-month period thereafter, commencing with the
period of July 1, 2016, to June 30, 2017, inclusive, the sum of all
of the following shall be appropriated for purposes of this section:
(i) The total General Fund amount provided pursuant to this
paragraph for the previous 12-month period.
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
and clauses (ii) and (iii) of subparagraph (C), the total General
Fund appropriation made pursuant to subparagraph (B) shall not be
less than the greater of the following amounts:
(i) Thirty million dollars ($30,000,000).
(ii) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(3) To the extent that the appropriation made by subparagraph (A)
of paragraph (2) is insufficient to fully fund the base caseload of
approved relative caregivers as of July 1, 2014, as described in
subparagraph (D) of paragraph (1), for the period of January 1, 2015,
to June 30, 2015, inclusive, as jointly determined by the department
and the County Welfare Directors' Association and approved by the
Department of Finance on or before October 1, 2015, the amount
specified in subparagraph (A) of paragraph (2) shall be increased by
the amount necessary to fully fund that base caseload.
(4) Funds available pursuant to paragraph (2) shall be allocated
to participating counties proportionate to the number of their
approved relative caregiver placements, using a methodology and
timing developed by the department, following consultation with
county human services agencies and their representatives.
(5) Notwithstanding subdivision (e), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by participating counties, a participating
county that has paid any funds pursuant to subparagraph (C) of
paragraph (1) of subdivision (g) may request reimbursement for those
funds from the department. The authority of the department to approve
the requests shall be limited by the amount of available unallocated
funds.
(h) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.
(i) To the extent permitted by federal law, payments received by
the approved relative caregiver from the Approved Relative Caregiver
Funding Option Program shall not be considered income for the purpose
of determining other public benefits.
(j) Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section 11477.04.
If the applicant or recipient claims good cause exception at any
subsequent time to the county human services agency or the local
child support agency, the local child support agency shall suspend
child support services until the county social services agency
determines the good cause claim, as set forth in Section 11477.04. If
good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take other measures that are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for the time the failure
to cooperate lasts.
(k) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is in
the best interest of the child, taking into account both of the
following:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
SEC. 21. Section 11477 of the Welfare and Institutions Code is
amended to read:
11477. As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:
(a) (1) Do either of the following:
(i) For applications received before October 1, 2009, assign to
the county any rights to support from any other person the applicant
or recipient may have on his or her own behalf or on behalf of any
other family member for whom the applicant or recipient is applying
for or receiving aid, not exceeding the total amount of cash
assistance provided to the family under this chapter. Receipt of
public assistance under this chapter shall operate as an assignment
by operation of law. An assignment of support rights to the county
shall also constitute an assignment to the state. If support rights
are assigned pursuant to this subdivision, the assignee may become an
assignee of record by the local child support agency or other public
official filing with the court clerk an affidavit showing that an
assignment has been made or that there has been an assignment by
operation of law. This procedure does not limit any other means by
which the assignee may become an assignee of record.
(ii) For applications received on or after October 1, 2009, assign
to the county any rights to support from any other person the
applicant or recipient may have on his or her own behalf, or on
behalf of any other family member for whom the applicant or recipient
is applying for or receiving aid. The assignment shall apply only to
support that accrues during the period of time that the applicant is
receiving assistance under this chapter, and shall not exceed the
total amount of cash assistance provided to the family under this
chapter. Receipt of public assistance under this chapter shall
operate as an assignment by operation of law. An assignment of
support rights to the county shall also constitute an assignment to
the state. If support rights are assigned pursuant to this
subdivision, the assignee may become an assignee of record by the
local child support agency or other public official filing with the
court clerk an affidavit showing that an assignment has been made or
that there has been an assignment by operation of law. This procedure
does not limit any other means by which the assignee may become an
assignee of record.
(2) Support that has been assigned pursuant to paragraph (1) and
that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid has
been reimbursed.
(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance child
support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under this
chapter that are assigned pursuant to this subdivision shall be
assigned as follows:
(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.
(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes first.
(C) On or after October 1, 2000, support assigned pursuant to this
subdivision that was not otherwise permanently assigned shall be
temporarily assigned to the county until aid is no longer received.
(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:
(A) Child support assigned pursuant to this subdivision prior to
October 1, 1998, shall be assigned until aid under this chapter is no
longer received and the entire amount has been reimbursed.
(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned shall
be temporarily assigned until aid under this chapter is no longer
received.
(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom aid
is claimed, and in establishing, modifying, or enforcing a support
order with respect to a child of the individual for whom aid is
requested or obtained, unless the applicant or recipient qualifies
for a good cause exception pursuant to Section 11477.04. The granting
of aid shall not be delayed or denied if the applicant is otherwise
eligible, if the applicant completes the necessary forms and agrees
to cooperate with the local child support agency in securing support
and determining paternity, if applicable. The local child support
agency shall have staff available, in person or by telephone, at all
county welfare offices and shall conduct an interview with each
applicant to obtain information necessary to establish paternity and
establish, modify, or enforce a support order at the time of the
initial interview with the welfare office. The local child support
agency shall make the determination of cooperation. If the applicant
or recipient attests under penalty of perjury that he or she cannot
provide the information required by this subdivision, the local child
support agency shall make a finding regarding whether the individual
could reasonably be expected to provide the information before the
local child support agency determines whether the individual is
cooperating. In making the finding, the local child support agency
shall consider all of the following:
(A) The age of the child for whom support is sought.
(B) The circumstances surrounding the conception of the child.
(C) The age or mental capacity of the
parent or caretaker of the child for whom aid is being sought.
(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.
(2) Cooperation includes all of the following:
(A) Providing the name of the alleged parent or obligor and other
information about that person if known to the applicant or recipient,
such as address, social security number, telephone number, place of
employment or school, and the names and addresses of relatives or
associates.
(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.
(C) If paternity is at issue, submitting to genetic tests,
including genetic testing of the child, if necessary.
(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.
(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the Family
Code, as a condition of cooperation.
(c) (1) This section shall not apply if all of the adults are
excluded from the assistance unit pursuant to Section 11251.3, 11454,
or 11486.5, or if all eligible adults have been subject to Section
11327.5 for at least 12 consecutive months.
(2) It is the intent of the Legislature that the regular receipt
of child support in the preceding reporting period be considered in
determining reasonably anticipated income for the following reporting
period.
(3) In accordance with Sections 11265.2 and 11265.46, if the
income of an assistance unit described in paragraph (1) includes
reasonably anticipated income derived from child support, the amount
established in Section 17504 of the Family Code and Section 11475.3
of the Welfare and Institutions Code of any amount of child support
received each month shall not be considered income or resources and
shall not be deducted from the amount of aid to which the assistance
unit otherwise would be eligible.
SEC. 22. The heading of Chapter 5.6 (commencing with Section
13300) of Part 3 of Division 9 of the Welfare and Institutions Code
is amended to read:
CHAPTER 5.6. SERVICES FOR UNDOCUMENTED PERSONS
SEC. 23. Section 13302 of the Welfare and Institutions Code is
amended to read:
13302. Notwithstanding any other law:
(a) Contracts or grants awarded pursuant to this chapter shall be
exempt from the personal services contracting requirements of Article
4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division
5 of Title 2 of the Government Code.
(b) Contracts or grants awarded pursuant to this chapter shall be
exempt from the Public Contract Code and the State Contracting
Manual, and shall not be subject to the approval of the Department of
General Services.
(c) The client information and records of legal services provided
pursuant to this chapter shall be subject to the requirements of
Section 10850 and shall be exempt from inspection under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Part 1 of the Government Code).
(d) The state shall be immune from any liability resulting from
the implementation of this chapter.
(e) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific this
chapter without taking any regulatory action.
SEC. 24. Section 13303 is added to the Welfare and Institutions
Code, to read:
13303. (a) Subject to the availability of funding in the act that
added this section or the annual Budget Act, the department shall
provide grants, as described in subdivision (b), to organizations
qualified under Section 13304.
(b) Grants provided in accordance with subdivision (a) shall be
for the purpose of providing one or more of the following services,
as determined by the department:
(1) Services to persons living in California, including all of the
following:
(A) Services to assist with the application process for initial or
renewal requests of deferred action under the DACA policy with the
United States Citizenship and Immigration Services.
(B) Services to assist with the application process for initial or
renewal requests of deferred action under the DAPA policy with the
United States Citizenship and Immigration Services, as federally
established.
(C) Services to help obtain other immigration remedies for people
receiving DACA or DAPA application assistance.
(D) Services to assist with the application process for
naturalization and any appeals arising from the process.
(2) Services to provide legal training and technical assistance to
other organizations qualified under Section 13304.
(c) For purposes of this chapter, the following terms shall have
the following meanings:
(1) "DACA" refers to Deferred Action for Childhood Arrivals status
as described in guidelines issued by the United States Department of
Homeland Security.
(2) "DAPA" refers to Deferred Action for Parents of Americans and
Lawful Permanent Residents or Deferred Action for Parental
Accountability status as described in guidelines issued by the United
States Department of Homeland Security.
(3) "Services to assist" includes, but is not limited to,
outreach, workshop presentations, document review, Freedom of
Information Act requests, and screening services that seek to assist
individuals with DACA, DAPA, naturalization, or other immigration
remedies.
(4) "Legal training and technical assistance" includes, but is not
limited to, webinars, in-person trainings, and technical assistance
in the form of answering questions via email, fax, or phone from
organizations qualified under Section 13304 and their staff and
volunteers that assist individuals with DACA, DAPA, naturalization,
or other immigration remedies.
(d) No more than 40 percent of grant funds awarded to an
organization qualified under Section 13304 shall be advanced to that
organization.
(e) The department shall update the Legislature on the following
information in the course of budget hearings:
(1) The timeline for implementation of this section.
(2) The participating organizations awarded contracts or grants.
(3) The number of applications submitted.
(4) The number of clients served.
(5) The types of services provided and in what language or
languages.
(6) The regions served.
(7) The ethnic communities served.
(8) The identification of further barriers and challenges to
education, outreach, immigration assistance, and legal services
related to naturalization and deferred action.
(f) This section shall become operative on January 1, 2016.
SEC. 25. Section 13304 is added to the Welfare and Institutions
Code, to read:
13304. (a) Grants awarded pursuant to Section 13303 shall fulfill
all of the following:
(1) Be executed only with nonprofit organizations that meet the
requirements set forth in Section 501(c)(3) or 501(c)(5) of the
Internal Revenue Code and that meet all of the following
requirements:
(A) Except as provided in subparagraph (D), have at least three
years of experience handling immigration cases.
(B) Have conducted trainings on immigration issues for persons
beyond their staff.
(C) Are accredited by the Board of Immigration Appeals under the
United States Department of Justice's Executive Office for
Immigration Review or meet the requirements to receive funding from
the Trust Fund Program administered by the State Bar of California.
(D) For a legal services organization that provides legal training
and technical assistance as defined in subdivision (c) of Section
13303, have at least 10 years of experience conducting immigration
legal services and technical assistance and meet the requirements to
receive funding from the Trust Fund Program administered by the State
Bar of California.
(2) Require reporting, monitoring, or audits of services provided,
as determined by the department.
(3) Require grant recipients to maintain adequate legal
malpractice insurance and to indemnify and hold the state harmless
from any claims that arise from the legal services provided pursuant
to this chapter.
(b) This section shall become operative on January 1, 2016.
SEC. 26. Section 13305 is added to the Welfare and Institutions
Code, to read:
13305. (a) Subject to the availability of funding in the act that
added this section or the annual Budget Act, the department shall
provide grants to organizations qualified under Section 13306 to
provide free education and outreach information, services, and
materials about DACA, DAPA, naturalization, or other immigration
remedies.
(b) For purposes of this section, "education and outreach"
activities means the dissemination of information or activities that
promote the benefits of citizenship or deferred action and explain
eligibility to prospective United States citizens or prospective
individuals eligible for deferred action.
(1) Education and outreach activities shall include referrals to
educational or legal services that support the applicants'
eligibility for citizenship or deferred action and the importance of
participating in civic engagement as a naturalized citizen.
(2) Education and outreach activities do not include
representation as legal counsel that would assist in the application
process for a prospective citizen or prospective individual eligible
for deferred action.
(c) No more than 40 percent of grant funds awarded to an
organization qualified under Section 13306 shall be advanced to that
organization.
(d) The department shall update the Legislature on the following
information in the course of budget hearings:
(1) The timeline for implementation of this section.
(2) The participating organizations awarded contracts or grants.
(3) The number of applications submitted.
(4) The number of clients served.
(5) The types of services provided and in what language or
languages.
(6) The regions served.
(7) The ethnic communities served.
(8) The identification of further barriers and challenges to
education, outreach, immigration assistance, and legal services
related to naturalization and deferred action.
(e) This section shall become operative on January 1, 2016.
SEC. 27. Section 13306 is added to the Welfare and Institutions
Code, to read:
13306. (a) Grants awarded pursuant to Section 13305 shall be
provided only to nonprofit organizations that meet the requirements
set forth in Section 501(c)(3) or 501(c)(5) of the Internal Revenue
Code and have at least three years of experience with both of the
following:
(1) Conducting education and outreach with immigrant populations.
(2) Conducting outreach for government benefits and programs.
(b) This section shall become operative on January 1, 2016.
SEC. 28. 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,
2014-15, 2015-16, and 2016-17 fiscal years.
SEC. 29. Section 15753 is added to the Welfare and Institutions
Code, to read:
15753. The department shall, to the extent funding for this
purpose remains with the department, establish one full-time position
that reports to the director to assist counties with the following
functions in their operation of the adult protective services system:
(a) Facilitating the review and update of state policies and
procedures to promote best casework practices throughout the state,
and providing technical assistance to local programs to promote
consistent statewide adherence to these policies.
(b) Developing recommended program goals, performance measures,
and outcomes for the adult protective services system, and a
strategic plan to accomplish these recommended goals, performance
measures, and outcomes.
(c) Collaborating with other state departments and local
communities that provide or oversee elder justice services to address
the needs of elders and adults with disabilities and improve
coordination and effectiveness of adult protective services.
(d) Exploring the development of a state data collection system
that builds on existing statewide data and additionally tracks
outcomes that will align with national data collection efforts.
(e) Participating in national, statewide, and regional discussions
on adult protective services and elder justice issues and providing
information on California's adult protective services programs.
(f) Participating in the development of federal and state policy
that responds to new and emergent needs and develops suggested
quality assurance measures to be implemented at the local level.
(g) Facilitating the development of a regionally based, ongoing,
comprehensive and consistent statewide adult protective services
training program that responds to new and emerging trends.
(h) In collaboration with experts in the field, developing
guidelines for local adult protective services programs that will
make recommendations for local practice in following areas:
(1) Caseload levels for adult protective services workers.
(2) Availability of tangible services for local programs.
(3) Educational and professional development of adult protective
services workers.
(4) Structure for 24 hour adult protective services response.
SEC. 30. Section 17600 of the Welfare and Institutions Code is
amended to read:
17600. (a) There is hereby created the Local Revenue Fund, which
shall consist of the following accounts:
(1) The Sales Tax Account.
(2) The Vehicle License Fee Account.
(3) The Vehicle License Collection Account.
(4) The Sales Tax Growth Account.
(5) The Vehicle License Fee Growth Account.
(b) The Sales Tax Account shall have all of the following
subaccounts:
(1) The Mental Health Subaccount.
(2) The Social Services Subaccount.
(3) The Health Subaccount.
(4) The CalWORKs Maintenance of Effort Subaccount.
(5) The Family Support Subaccount.
(6) The Child Poverty and Family Supplemental Support Subaccount.
(c) The Sales Tax Growth Account shall have all of the following
subaccounts:
(1) The Caseload Subaccount.
(2) The County Medical Services Program Subaccount.
(3) The General Growth Subaccount.
(d) Notwithstanding Section 13340 of the Government Code, the
Local Revenue Fund is hereby continuously appropriated, without
regard to fiscal years, for the purpose of this chapter.
(e) Moneys in the Local Revenue Fund shall be invested in the
Surplus Money Investment Fund and all interest earned shall be
distributed in January and July among the accounts and subaccounts in
proportion to the amounts deposited into each subaccount.
(f) This section shall become inoperative on August 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 31. Section 17600 is added to the Welfare and Institutions
Code, to read:
17600. (a) There is hereby created the Local Revenue Fund, which
shall consist of the following accounts:
(1) The Sales Tax Account.
(2) The Vehicle License Fee Account.
(3) The Vehicle License Collection Account.
(4) The Sales Tax Growth Account.
(5) The Vehicle License Fee Growth Account.
(b) The Sales Tax Account shall have all of the following
subaccounts:
(1) The Mental Health Subaccount.
(2) The Social Services Subaccount.
(3) The Health Subaccount.
(4) The CalWORKs Maintenance of Effort Subaccount.
(5) The Family Support Subaccount.
(6) The Child Poverty and Family Supplemental Support Subaccount.
(7) The County Medical Services Program Subaccount.
(c) The Vehicle License Fee Account shall have all of the
following subaccounts:
(1) The Mental Health Subaccount.
(2) The Social Services Subaccount.
(3) The Health Subaccount.
(4) The CalWORKs Maintenance of Effort Subaccount.
(5) The Family Support Subaccount.
(6) The Child Poverty and Family Supplemental Support Subaccount.
(7) The County Medical Services Program Subaccount.
(d) The Sales Tax Growth Account shall have all of the following
subaccounts:
(1) The Caseload Subaccount.
(2) The County Medical Services Program Growth Subaccount.
(3) The General Growth Subaccount.
(e) The Vehicle License Fee Growth Account shall have all of the
following subaccounts:
(1) The County Medical Services Program Growth Subaccount.
(2) The General Growth Subaccount.
(f) Notwithstanding Section 13340 of the Government Code, the
Local Revenue Fund is hereby continuously appropriated, without
regard to fiscal years, for the purpose of this chapter.
(g) Moneys in the Local Revenue Fund shall be invested in the
Surplus Money Investment Fund and all interest earned shall be
distributed in January and July among the accounts and subaccounts in
proportion to the amounts deposited into each subaccount.
(h) This section shall be operative on August 1, 2015.
SEC. 32. Section 17600.10 of the Welfare and Institutions Code is
amended to read:
17600.10. (a) Each county and city and county receiving sales tax
and vehicle license fee funds in accordance with this chapter shall
establish and maintain a local health and welfare trust fund
comprised of the following accounts:
(1) The mental health account.
(2) The social services account.
(3) The health account.
(4) The CalWORKs Maintenance of Effort Subaccount.
(5) The family support account.
(b) Each city receiving funds in accordance with this chapter
shall establish and maintain a local health and welfare trust fund
comprised of a health account and a mental health account.
SEC. 33. Section 17600.15 of the Welfare and Institutions Code is
amended to read:
17600.15. (a) Of the sales tax proceeds from revenues collected
in the 1991-92 fiscal year which are deposited to the credit of the
Local Revenue Fund, 51.91 percent shall be credited to the Mental
Health Subaccount, 36.17 percent shall be credited to the Social
Services Subaccount, and 11.92 percent shall be credited to the
Health Subaccount of the Sales Tax Account.
(b) For the 1992-93 fiscal year to the 2011-12 fiscal year,
inclusive, of the sales tax proceeds from revenues deposited to the
credit of the Local Revenue Fund, the Controller shall make monthly
deposits to the Mental Health Subaccount, the Social Services
Subaccount, and the Health Subaccount of the Sales Tax Account until
the deposits equal the amounts that were allocated to counties',
cities', and cities and counties' mental health accounts, social
services accounts, and health accounts, respectively, of the local
health and welfare trust funds in the prior fiscal year pursuant to
this chapter from the Sales Tax Account and the Sales Tax Growth
Account. Any excess sales tax revenues received pursuant to Sections
6051.2 and 6201.2 of the Revenue and Taxation Code shall be deposited
in the Sales Tax Growth Account of the Local Revenue Fund.
(c) (1) For the 2012-13 fiscal year, of the sales tax proceeds
from revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make monthly deposits to the Social Services
Subaccount and the Health Subaccount of the Sales Tax Account until
the deposits equal the amounts that were allocated to counties',
cities', and cities and counties' social services accounts and health
accounts, respectively, of the local health and welfare trust funds
in the prior fiscal year pursuant to this chapter from the Sales Tax
Account and the Sales Tax Growth Account.
(2) For the 2012-13 fiscal year, of the sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make monthly deposits to the Mental Health
Subaccount of the Sales Tax Account until the deposits equal the
amounts that were allocated to counties', cities', and cities and
counties' CalWORKs Maintenance of Effort Subaccounts pursuant to
subdivision (a) of Section 17601.25, and any additional amounts above
the amount specified in subdivision (a) of Section 17601.25, of the
local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Account and the Sales Tax
Growth Account. The Controller shall not include in this calculation
any funding deposited in the Mental Health Subaccount from the
Support Services Growth Subaccount pursuant to Section 30027.9 of the
Government Code or funds described in subdivision (c) of Section
17601.25.
(3) Any excess sales tax revenues received pursuant to Sections
6051.2 and 6201.2 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) and (2) are made shall be
deposited in the Sales Tax Growth Account of the Local Revenue Fund.
(d) (1) For the 2013-14 fiscal year, of the sales tax proceeds
from revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make monthly deposits pursuant to a schedule
provided by the Department of Finance, which shall provide deposits
to the Social Services Subaccount and the Health Subaccount of the
Sales Tax Account until the deposits equal the amounts that were
allocated to counties', cities', and cities and counties' social
services accounts and health accounts, respectively, of the local
health and welfare trust funds in the prior fiscal year pursuant to
this chapter from the Sales Tax Account and the Sales Tax Growth
Account.
(2) For the 2013-14 fiscal year, of the sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make monthly deposits to the Mental Health
Subaccount of the Sales Tax Account until the deposits equal the
amounts that were allocated to counties', cities', and cities and
counties' CalWORKs Maintenance of Effort Subaccounts pursuant to
subdivision (a) of Section 17601.25, and any additional amounts above
the amount specified in subdivision (a) of Section 17601.25, of the
local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Account and the Sales Tax
Growth Account. The Controller shall not include in this calculation
any funding deposited in the Mental Health Subaccount from the
Support Services Growth Subaccount pursuant to Section 30027.9 of the
Government Code or funds described in subdivision (c) of Section
17601.25.
(3) Any excess sales tax revenues received pursuant to Sections
6051.2 and 6201.2 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) and (2) are made shall be
deposited in the Sales Tax Growth Account of the Local Revenue Fund.
(4) On a monthly basis, pursuant to a schedule provided by the
Department of Finance, the Controller shall transfer funds from the
Social Services Subaccount to the Health Subaccount in an amount that
shall not exceed three hundred million dollars ($300,000,000) for
the 2013-14 fiscal year. The funds so transferred shall not be used
in calculating future year deposits to the Social Services Subaccount
or the Health Subaccount.
(e) For the 2014-15 fiscal year and fiscal years thereafter,
except as specified in paragraph (5), of the sales tax proceeds from
revenues deposited to the credit of the Local Revenue Fund, the
Controller shall make the following monthly deposits:
(1) To the Social Services Subaccount of the Sales Tax Account,
until the deposits equal the total amount that was deposited to the
Social Services Subaccount in the prior fiscal year pursuant to this
section, in addition to the amounts that were allocated to the social
services accounts of the local health and welfare trust funds in the
prior fiscal year pursuant to this chapter from the Sales Tax Growth
Account.
(2) To the Health Subaccount of the Sales Tax Account, until the
deposits equal the total amount that was deposited to the Health
Subaccount in the prior year from the Sales Tax Account in addition
to the amounts that were allocated to the health accounts of the
local health and welfare trust funds in the prior fiscal year
pursuant to this chapter from the Sales Tax Growth Account.
(3) To the Child Poverty and Family Supplemental Support
Subaccount until the deposits equal the amounts that were deposited
in the prior fiscal year from the Sales Tax Account and the Sales Tax
Growth Account.
(4) To the Mental Health Subaccount of the Sales Tax Account until
the deposits equal the amounts that were allocated to counties',
cities', and cities and counties' CalWORKs Maintenance of Effort
Subaccounts pursuant to subdivision (a) of Section 17601.25, and any
additional amounts above the amount specified in subdivision (a) of
Section 17601.25 of the local health and welfare trust funds in the
prior fiscal year pursuant to this chapter from the Sales Tax Account
and the Sales Tax Growth Account. The Controller shall not include
in this calculation any funding deposited in the Mental Health
Subaccount from the Support Services Growth Subaccount pursuant to
Section 30027.9 of the Government Code or funds described in
subdivision (c) of Section 17601.25.
(5) (A) Any excess sales tax revenues received pursuant to
Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) to (4), inclusive, are made
shall be deposited in the Sales Tax Growth Account of the Local
Revenue Fund. This subparagraph shall only apply to allocations made
for the 2014- 15 fiscal
year.
(B) For the 2015-16 fiscal year and for every fiscal year
thereafter, any excess sales tax revenues received pursuant to
Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) to (4), inclusive, and
subdivision (f) are made shall be deposited in the Sales Tax Growth
Account of the Local Revenue Fund.
(6) For the 2014-15 fiscal year, on a monthly basis, pursuant to
a schedule provided by the Department of Finance, the Controller
shall transfer funds from the Social Services Subaccount to the
Health Subaccount in an amount that shall not exceed one billion
dollars ($1,000,000,000). The transfer schedule shall be based on the
amounts that each county is receiving in vehicle license fees
pursuant to this chapter. The funds so transferred shall not be used
in calculating future year deposits to the Social Services Subaccount
or the Health Subaccount.
(f) (1) For the 2015-16 fiscal year, the allocations to the County
Medical Services Program Subaccount shall equal the amounts received
in the prior fiscal year by the County Medical Services Program from
the Sales Tax Account and the County Medical Services Program
Subaccount of the Sales Tax Growth Account of the Local Revenue Fund,
as adjusted by the calculations required under subdivision (a) of
Section 17600.50.
(2) For the 2016-17 fiscal year and for every fiscal year
thereafter, the allocations to the County Medical Services Program
Subaccount shall equal the amounts received in the prior fiscal year
by the County Medical Services Program Subaccount of the Sales Tax
Account and the County Medical Services Program Growth Subaccount of
the Sales Tax Growth Account of the Local Revenue Fund, as adjusted
by the calculations required under subdivision (a) of Section
17600.50.
SEC. 34. Section 17601.25 of the Welfare and Institutions Code is
amended to read:
17601.25. (a) Notwithstanding any other law, beginning in the
2012-13 fiscal year, except for funds deposited in the Mental Health
Subaccount from the Support Services Growth Subaccount pursuant to
Section 30027.9 of the Government Code and the funds described in
subdivision (c), any funds under this chapter or any other provision
of Chapter 89 of the Statutes of 1991 that would otherwise have been
deposited into each county's or city and county's mental health
account subsequent to July 15 shall instead be deposited in the
CalWORKs Maintenance of Effort Subaccount. However, in each fiscal
year, the amount deposited in the CalWORKs Maintenance of Effort
Subaccount shall not exceed one billion one hundred twenty million
five hundred fifty-one thousand dollars ($1,120,551,000).
(b) All of the funds deposited in the CalWORKs Maintenance of
Effort Subaccount pursuant to subdivision (a) shall be allocated by
the Controller to counties or a city and county based on schedules
developed by the Department of Finance in consultation with the
California State Association of Counties. Each county or city and
county that receives an allocation shall use those funds to pay an
increased county contribution toward the costs of CalWORKs grants.
Each county's total annual contribution pursuant to this section
shall equal the total amount of funds deposited in the county's
CalWORKs Maintenance of Effort Subaccount during that fiscal year.
The CalWORKs Maintenance of Effort Subaccount shall not be subject to
the transferability provisions of Section 17600.20 and shall not be
factored into the calculation of growth allocations pursuant to
Article 7 (commencing with Section 17606.10). Each county's
contribution pursuant to this section and Section 17601.75 shall be
in addition to the share of cost required pursuant to Section 15200.
(c) There shall be a monthly allocation of ninety-three million
three hundred seventy-nine thousand two hundred fifty-two dollars
($93,379,252) from the Mental Health Account in the Local Revenue
Fund 2011 to the Mental Health Subaccount pursuant to subdivision (a)
of Sections 30027.5, 30027.6, 30027.7, and 30027.8 of the Government
Code.
SEC. 35. Section 17603.05 of the Welfare and Institutions Code is
amended to read:
17603.05. (a) Upon request of a county, the Controller may
deposit all or a portion of the county's allocation under this
article into the County Medical Services Program Account of the
County Health Services Fund.
(b) Any deposit or transfer the Controller makes to the County
Medical Services Program Account shall be deemed to be a deposit to
the local health and welfare fund.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 36. Section 17604 of the Welfare and Institutions Code is
amended to read:
17604. (a) All motor vehicle license fee revenues collected in
the 1991-92 fiscal year that are deposited to the credit of the Local
Revenue Fund shall be credited to the Vehicle License Fee Account of
that fund.
(b) (1) For the 1992-93 fiscal year through the 2014-15 fiscal
year, inclusive, from vehicle license fee proceeds from revenues
deposited to the credit of the Local Revenue Fund, the Controller
shall make monthly deposits to the Vehicle License Fee Account of the
Local Revenue Fund until the deposits equal the amounts that were
allocated to counties, cities, and cities and counties in the prior
fiscal year pursuant to this chapter from the Vehicle License Fee
Account in the Local Revenue Fund and the Vehicle License Fee Account
and the Vehicle License Fee Growth Account in the Local Revenue
Fund.
(2) Any excess vehicle fee revenues deposited into the Local
Revenue Fund pursuant to Section 11001.5 of the Revenue and Taxation
Code shall be deposited in the Vehicle License Fee Growth Account of
the Local Revenue Fund.
(3) The Controller shall calculate the difference between the
total amount of vehicle license fee proceeds deposited to the credit
of the Local Revenue Fund, pursuant to paragraph (1) of subdivision
(a) of Section 11001.5 of the Revenue and Taxation Code, and
deposited into the Vehicle License Fee Account for the period of July
16, 2009, to July 15, 2010, inclusive, and the amount deposited for
the period of July 16, 2010, to July 15, 2011, inclusive.
(4) Of vehicle license fee proceeds deposited to the Vehicle
License Fee Account after July 15, 2011, an amount equal to the
difference calculated in paragraph (3) shall be deemed to have been
deposited during the period of July 16, 2010, to July 15, 2011,
inclusive, and allocated to cities, counties, and a city and county
as if those proceeds had been received during the 2010-11 fiscal
year.
(c) (1) On or before the 27th day of each month, the Controller
shall allocate to each county, city, or city and county, the amounts
deposited and remaining unexpended and unreserved on the 15th day of
the month in the Vehicle License Fee Account of the Local Revenue
Fund, in accordance with paragraphs (2) and (3).
(2) For the 1991-92 fiscal year, allocations shall be made in
accordance with the following schedule:
Allocation
Jurisdiction Percentage
Alameda .................... 4.5046
Alpine ..................... 0.0137
Amador ..................... 0.1512
Butte ...................... 0.8131
Calaveras .................. 0.1367
Colusa...................... 0.1195
Contra Costa ............... 2.2386
Del Norte .................. 0.1340
El Dorado .................. 0.5228
Fresno ..................... 2.3531
Glenn ...................... 0.1391
Humboldt ................... 0.8929
Imperial ................... 0.8237
Inyo ....................... 0.1869
Kern ....................... 1.6362
Kings ...................... 0.4084
Lake ....................... 0.1752
Lassen ..................... 0.1525
Los Angeles ................ 37.2606
Madera ..................... 0.3656
Marin....................... 1.0785
Mariposa ................... 0.0815
Mendocino .................. 0.2586
Merced ..................... 0.4094
Modoc ...................... 0.0923
Mono ....................... 0.1342
Monterey ................... 0.8975
Napa ....................... 0.4466
Nevada ..................... 0.2734
Orange ..................... 5.4304
Placer ..................... 0.2806
Plumas ..................... 0.1145
Riverside .................. 2.7867
Sacramento ................. 2.7497
San Benito ................. 0.1701
San Bernardino.............. 2.4709
San Diego .................. 4.7771
San Francisco .............. 7.1450
San Joaquin ................ 1.0810
San Luis Obispo ............ 0.4811
San Mateo .................. 1.5937
Santa Barbara .............. 0.9418
Santa Clara ................ 3.6238
Santa Cruz ................. 0.6714
Shasta ..................... 0.6732
Sierra ..................... 0.0340
Siskiyou.................... 0.2246
Solano ..................... 0.9377
Sonoma ..................... 1.6687
Stanislaus ................. 1.0509
Sutter ..................... 0.4460
Tehama ..................... 0.2986
Trinity .................... 0.1388
Tulare ..................... 0.7485
Tuolumne ................... 0.2357
Ventura .................... 1.3658
Yolo ....................... 0.3522
Yuba ....................... 0.3076
Berkeley ................... 0.0692
Long Beach ........... 0.2918
Pasadena ................... 0.1385
(3) For the 1992-93, 1993-94, and 1994-95 fiscal years and fiscal
years thereafter, allocations shall be made in the same amounts as
were distributed from the Vehicle License Fee Account and the Vehicle
License Fee Growth Account in the prior fiscal year.
(4) For the 1995-96 fiscal year, allocations shall be made in the
same amounts as distributed in the 1994-95 fiscal year from the
Vehicle License Fee Account and the Vehicle License Fee Growth
Account after adjusting the allocation amounts by the amounts
specified for the following counties:
Alpine .......................... $(11,296)
Amador .......................... 25,417
Calaveras ....................... 49,892
Del Norte ....................... 39,537
Glenn ........................... (12,238)
Lassen .......................... 17,886
Mariposa ........................ (6,950)
Modoc ........................... (29,182)
Mono ............................ (6,950)
San Benito ...................... 20,710
Sierra .......................... (39,537)
Trinity ......................... (48,009)
(5) (A) For the 1996-97 fiscal year and fiscal years thereafter,
allocations shall be made in the same amounts as were distributed
from the Vehicle License Fee Account and the Vehicle License Fee
Growth Account in the prior fiscal year.
(B) Initial proceeds deposited in the Vehicle License Fee Account
in the 2003-04 fiscal year in the amount that would otherwise have
been transferred pursuant to former Section 10754 of the Revenue and
Taxation Code for the period June 20, 2003, to July 15, 2003,
inclusive, shall be deemed to have been deposited during the period
June 16, 2003, to July 15, 2003, inclusive, and allocated to cities,
counties, and a city and county during the 2002-03 fiscal year.
(d) The Controller shall make monthly allocations from the amount
deposited in the Vehicle License Collection Account of the Local
Revenue Fund to each county in accordance with a schedule to be
developed by the State Department of Health Care Services in
consultation with the County Behavioral Health Directors Association
of California, which is compatible with the intent of the Legislature
expressed in the act adding this subdivision.
(e) For the 2013-14 and 2014-15 fiscal years, before making the
monthly allocations in accordance with paragraph (5) of subdivision
(c) and subdivision (d), and pursuant to a schedule provided by the
Department of Finance, the Controller shall adjust the monthly
distributions from the Vehicle License Fee Account to reflect an
equal exchange of sales and use tax funds from the Social Services
Subaccount to the Health Subaccount, as required by subdivisions (d)
and (e) of Section 17600.15, and of Vehicle License Fee funds from
the Health Account to the Social Services Account. Adjustments made
to the Vehicle License Fee distributions pursuant to this subdivision
shall not be used in calculating future year allocations to the
Vehicle License Fee Account.
(f) For the 2015-16 fiscal year, of the vehicle license fee
proceeds from revenues deposited to the credit of the Local Revenue
Fund, the Controller shall make the following monthly deposits:
(1) To the Social Services Subaccount of the Vehicle License Fee
Account, until the deposits equal the total amount that was allocated
to the social services accounts of the local health and welfare
trust funds in the prior fiscal year pursuant to this chapter from
the Vehicle License Fee Account.
(2) To the Health Subaccount of the Vehicle License Fee Account,
until the deposits equal the total amount that was allocated to the
health accounts of the local health and welfare trust funds in the
prior fiscal year pursuant to this chapter from the Vehicle License
Fee Account and the Vehicle License Fee Growth Account.
(3) To the County Medical Services Program Subaccount of the
Vehicle License Fee Account, until the deposits equal the total
amount that was allocated to the County Medical Services Program in
the prior fiscal year pursuant to this chapter from the Vehicle
License Fee Account and the Vehicle License Fee Growth Account.
(4) To the Child Poverty and Family Supplemental Support
Subaccount until the deposits equal the amounts that were deposited
in the prior fiscal year from the Vehicle License Fee Account and the
Vehicle License Fee Growth Account.
(5) To the Mental Health Subaccount of the Vehicle License Fee
Account until the deposits equal the amounts that were allocated to
counties', cities', and cities and counties' CalWORKs Maintenance of
Effort Subaccounts pursuant to subdivision (a) of Section 17601.25,
and any additional amounts above the amount specified in subdivision
(a) of Section 17601.25 of the local health and welfare trust funds
in the prior fiscal year pursuant to this chapter from the Vehicle
License Fee Account and the Vehicle License Fee Growth Account. The
Controller shall not include in this calculation any funding
deposited in the Mental Health Subaccount from the Support Services
Growth Subaccount pursuant to Section 30027.9 of the Government Code
or funds described in subdivision (c) of Section 17601.25.
(6) Any excess vehicle license fee revenues received pursuant to
Section 11001.5 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) to (5), inclusive, are made
shall be deposited in the Vehicle License Fee Growth Account of the
Local Revenue Fund.
(g) For the 2016-17 fiscal year and fiscal years thereafter, of
the vehicle license fee proceeds from revenues deposited to the
credit of the Local Revenue Fund, the Controller shall make the
following monthly deposits:
(1) To the Social Services Subaccount until the deposits equal the
amount that was deposited to the Social Services Subaccount in the
prior fiscal year from the Vehicle License Fee Account.
(2) To the Health Subaccount until the deposits equal the total
amounts that were deposited to the Health Subaccount in the prior
fiscal year from the Vehicle License Fee Account and the Vehicle
License Fee Growth Account.
(3) To the County Medical Services Program Subaccount until the
deposits equal the total amounts that were deposited in the prior
fiscal year to the County Medical Services Program Subaccount of the
Vehicle License Fee Account and the County Medical Services Program
Growth Subaccount of the Vehicle License Fee Growth Account.
(4) To the Child Poverty and Family Supplemental Support
Subaccount until the deposits equal the amounts that were deposited
to the Child Poverty and Family Supplemental Support Subaccount in
the prior fiscal year from the Vehicle License Fee Account and the
Vehicle License Fee Growth Account.
(5) To the Mental Health Subaccount of the Vehicle License Fee
Account until the deposits equal the amounts that were allocated to
counties', cities', and cities and counties' CalWORKs Maintenance of
Effort Subaccounts pursuant to subdivision (a) of Section 17601.25,
and any additional amounts above the amount specified in subdivision
(a) of Section 17601.25 of the local health and welfare trust funds
in the prior fiscal year pursuant to this chapter from the Vehicle
License Fee Account and the Vehicle License Fee Growth Account. The
Controller shall not include in this calculation any funding
deposited in the Mental Health Subaccount from the Support Services
Growth Subaccount pursuant to Section 30027.9 of the Government Code
or funds described in subdivision (c) of Section 17601.25.
(6) Any excess vehicle license fee revenues received pursuant to
Section 11001.5 of the Revenue and Taxation Code after the
allocations required by paragraphs (1) to (5), inclusive, are made
shall be deposited in the Vehicle License Fee Growth Account of the
Local Revenue Fund.
SEC. 37. Section 17604.05 of the Welfare and Institutions Code is
amended to read:
17604.05. (a) With the exception of the deposits made into the
Vehicle License Collection Account, upon request of a county, the
Controller may deposit all or any portion of the county's allocation
under this article into the County Medical Services Program Account
of the County Health Services Fund.
(b) Deposits made pursuant to subdivision (a) shall be deemed to
be deposits into a county's or city's local health and welfare trust
fund pursuant to Section 17608.10.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 38. Section 17605 of the Welfare and Institutions Code is
amended to read:
17605. (a) For the 1992-93 fiscal year, the Controller shall
deposit into the Caseload Subaccount of the Sales Tax Growth Account
of the Local Revenue Fund, from revenues deposited into the Sales Tax
Growth Account, an amount to be determined by the Department of
Finance, that represents the sum of the shortfalls between the actual
realignment revenues received by each county and each city and
county from the Social Services Subaccount of the Local Revenue Fund
in the 1991-92 fiscal year and the net costs incurred by each of
those counties and cities and counties in the fiscal year for the
programs described in Sections 10101, 10101.1, 11322, 11322.2, and
12306, subdivisions (a), (b), (c), and (d) of Section 15200, and
Sections 15204.2 and 18906.5. The Department of Finance shall provide
the Controller with an allocation schedule on or before August 15,
1993, that shall be used by the Controller to allocate funds
deposited to the Caseload Subaccount under this subdivision. The
Controller shall allocate these funds no later than August 27, 1993.
(b) (1) (A) For the 1993-94 fiscal year and fiscal years
thereafter, the Controller shall deposit into the Caseload Subaccount
of the Sales Tax Growth Account of the Local Revenue Fund, from
revenues deposited into the Sales Tax Growth Account, an amount
determined by the Department of Finance, in consultation with the
appropriate state departments and the California State Association of
Counties, that is sufficient to fund the net cost for the realigned
portion of the county or city and county share of growth in social
services caseloads, as specified in paragraph (2), and any share of
growth from the previous year or years for which sufficient revenues
were not available in the Caseload Subaccount. The Department of
Finance shall provide the Controller with an allocations schedule on
or before March 15 of each year. The schedule shall be used by the
Controller to allocate funds deposited into the Caseload Subaccount
under this subdivision.
(B) It is the intent of the Legislature that counties shall
receive allocations from the Caseload Subaccount as soon as possible
after funds are received in the Sales Tax Growth Account. The
Department of Finance shall recommend to the Legislature, by January
10, 2005, a procedure to expedite the preparation and provision of
the allocations schedule described in subparagraph (A) and the
allocation of funds by the Controller.
(2) For purposes of this subdivision, "growth" means the increase
in the actual caseload expenditures for the prior fiscal year over
the actual caseload expenditures for the fiscal year preceding the
prior fiscal year for the programs described in Section 12306,
subdivisions (a), (b), (c), and (d) of Section 15200, and Sections
10101, 15204.2 and 18906.5 of this code, and for which funds are
allocated pursuant to subdivision (b) of Section 123940 of the Health
and Safety Code.
(3) The difference in caseload expenditures between the fiscal
years shall be multiplied by the factors that represent the change in
county or city and county shares of the realigned programs. These
products shall then be added or subtracted, taking into account
whether the county's or city and county's share of costs was
increased or decreased as a result of realignment, to yield each
county's or city and county's allocation for caseload growth.
Allocations for counties or cities and counties with allocations of
less than zero shall be set at zero.
(c) Annually, the Controller shall allocate, to the local health
and welfare trust fund social services account, the amounts deposited
and remaining unexpended and unreserved in the Caseload Subaccount,
pursuant to the schedules of allocations of caseload growth described
in subdivision (b), within 45 days of receiving those schedules from
the Department of Finance. If there are insufficient funds to fully
satisfy all caseload growth obligations, each county's or city and
county's allocation for each program specified in subdivision (d)
shall be prorated.
(d) Prior to allocating funds pursuant to subdivision (b), to the
extent that funds are available from funds deposited in the Caseload
Subaccount in the Sales Tax Growth Account in the Local Revenue Fund,
the Controller shall allocate moneys to counties or cities and
counties to correct any inequity or inequities in the computation of
the child welfare services portion of the schedule required by
subdivision (a) of Section 17602.
(e) (1) For the 2003-04 fiscal year, no Sales Tax Growth Account
funds shall be allocated pursuant to this chapter until the caseload
portion of the base of each county's social services account in the
county's health and welfare trust fund is funded to the level of the
2001-02 fiscal year. Funds to meet this requirement shall be
allocated from the Sales Tax Account of the Local Revenue Fund. If
sufficient funds are not available in the Sales Tax Account of the
Local Revenue Fund to achieve that funding level in the 2003-04
fiscal year, this requirement shall be funded in each succeeding
fiscal year in which there are sufficient funds in the Sales Tax
Account of the Local Revenue Fund until the caseload base funding
level for which each county would have otherwise been eligible in
accordance with subdivision (e) of Section 17602 for that year.
(2) The caseload portion of each county's social services account
base shall be determined by subtracting its noncaseload portion of
the base, as determined by the Department of Finance in its annual
calculation of General Growth Account allocations, from the total
base of each county's social services account for the 2001-02 fiscal
year.
SEC. 39. Section 17605.05 of the Welfare and Institutions Code is
repealed.
SEC. 40. Section 17605.051 of the Welfare and Institutions Code is
amended to read:
17605.051. Upon request of the County Medical Services Program
Governing Board, the Controller shall transfer amounts deposited into
the County Medical Services Program Subaccount to the County Medical
Services Program Governing Board for the purposes described in
subdivision (f) of Section 16809.
SEC. 41. Section 17605.07 of the Welfare and Institutions Code is
amended to read:
17605.07. (a) (1) For the 1992-93 fiscal year through the 2014-15
fiscal year, inclusive, after satisfying the obligations set forth
in Section 17605, the Controller shall deposit into the County
Medical Services Program Subaccount 4.027 percent of the amounts
remaining and unexpended in the Sales Tax Growth Account of the Local
Revenue Fund.
(2) If the amount deposited to the Caseload Subaccount of the
Sales Tax Growth Account pursuant to subdivision (b) of Section 17605
exceeds twenty million dollars ($20,000,000) for any fiscal year,
then an additional amount equal to 4.027 percent of the amount
deposited to the Caseload Subaccount shall be deposited to the County
Medical Services Program Subaccount of the Sales Tax Growth Account.
(b) (1) For the 2015-16 fiscal year and fiscal years thereafter,
after satisfying the obligations set forth in Section 17605, the
Controller shall deposit into the County Medical Services Program
Growth Subaccount 4.027 percent of the amounts remaining and
unexpended in the Sales Tax Growth Account of the Local Revenue Fund.
(2) If the amount deposited to the Caseload Subaccount of the
Sales Tax Growth Account pursuant to subdivision (b) of Section 17605
exceeds twenty million dollars ($20,000,000) for any fiscal year,
then an additional amount equal to 4.027 percent of the amount
deposited to the Caseload Subaccount shall be deposited to the County
Medical Services Program Growth Subaccount of the Sales Tax Growth
Account.
SEC. 42. Section 17605.08 of the Welfare and Institutions Code is
repealed.
SEC. 43. Section 17605.10 of the Welfare and Institutions Code is
repealed.
SEC. 44. Section 17605.10 is added to the Welfare and Institutions
Code, to read:
17605.10. For the 2014-15 fiscal year and fiscal years
thereafter, after satisfying the obligations set forth in Sections
17605 and 17605.07, the Controller shall deposit any funds remaining
in the Sales Tax Growth Account of the
Local Revenue Fund into the General Growth Subaccount.
SEC. 45. Section 17606.05 of the Welfare and Institutions Code is
repealed.
SEC. 46. Section 17606.10 of the Welfare and Institutions Code is
amended to read:
17606.10. (a) For the 1992-93 fiscal year and subsequent fiscal
years, the Controller shall allocate funds, on an annual basis from
the General Growth Subaccount in the Sales Tax Growth Account to the
appropriate accounts in the local health and welfare trust fund of
each county, city, and city and county in accordance with a schedule
setting forth the percentage of total state resources received in the
1990-91 fiscal year, including State Legalization Impact Assistance
Grants distributed by the state under former Part 4.5 (commencing
with Section 16700), funding provided for purposes of implementation
of Division 5 (commencing with Section 5000), for the organization
and financing of community mental health services, including the
Cigarette and Tobacco Products Surtax proceeds that are allocated to
county mental health programs pursuant to Chapter 1331 of the
Statutes of 1989, Chapter 51 of the Statutes of 1990, and Chapter
1323 of the Statutes of 1990, and state hospital funding and funding
distributed for programs administered under Sections 1794, 10101.1,
and 11322.2, as annually adjusted by the Department of Finance, in
conjunction with the appropriate state department to reflect changes
in equity status from the base percentages. However, for the 1992-93
fiscal year, the allocation for community mental health services
shall be based on the following schedule:
Percentage
of Statewide
Jurisdiction Resource Base
Alameda ....................... 4.3693
Alpine ........................ 0.0128
Amador ........................ 0.0941
Butte ......................... 0.7797
Calaveras ..................... 0.1157
Colusa ........................ 0.0847
Contra Costa .................. 2.3115
Del Norte ..................... 0.1237
El Dorado ..................... 0.3966
Fresno ........................ 3.1419
Glenn ......................... 0.1304
Humboldt ...................... 0.6175
Imperial ...................... 0.5425
Inyo .......................... 0.1217
Kern .......................... 1.8574
Kings ......................... 0.4229
Lake .......................... 0.2362
Lassen ........................ 0.1183
Los Angeles.................... 27.9666
Madera ........................ 0.3552
Marin ......................... 0.9180
Mariposa ...................... 0.0792
Mendocino ..................... 0.4099
Merced ........................ 0.8831
Modoc ......................... 0.0561
Mono .......................... 0.0511
Monterey ...................... 1.1663
Napa .......................... 0.3856
Nevada ........................ 0.2129
Orange ........................ 5.3423
Placer ........................ 0.5034
Plumas ........................ 0.1134
Riverside ..................... 3.6179
Sacramento .................... 4.1872
San Benito .................... 0.1010
San Bernardino ................ 4.5494
San Diego ..................... 7.8773
San Francisco ................. 3.5335
San Joaquin ................... 2.4690
San Luis Obispo ............... 0.6652
San Mateo ..................... 2.5169
Santa Barbara ................. 1.0745
Santa Clara ................... 5.0488
Santa Cruz .................... 0.7960
Shasta ........................ 0.5493
Sierra ........................ 0.0345
Siskiyou ...................... 0.2051
Solano ........................ 0.6694
Sonoma ........................ 1.1486
Stanislaus .................... 1.4701
Sutter/Yuba ................... 0.6294
Tehama ........................ 0.2384
Trinity ....................... 0.0826
Tulare ........................ 1.4704
Tuolumne ...................... 0.1666
Ventura ....................... 1.9311
Yolo .......................... 0.5443
Berkeley ...................... 0.2688
Tri-City ...................... 0.2347
(b) The Department of Finance shall recalculate the resource base
used in determining the General Growth Subaccount allocations to the
Health Account, Mental Health Account, and Social Services Account of
the local health and welfare trust fund of each city, county, and
city and county for the 1994-95 fiscal year general growth
allocations according to subdivisions (c) and (d). For the 1995-96
fiscal year and annually until the end of the 2012-13 fiscal year,
the Department of Finance shall prepare the schedule of allocations
of growth based upon the recalculation of the resource base as
provided by subdivision (c).
(c) For the Mental Health Account, the Department of Finance shall
do all of the following:
(1) Use the following sources as reported by the State Department
of Health Care Services:
(A) The final December 1992 distribution of resources associated
with Institutes for Mental Disease.
(B) The 1990-91 fiscal year state hospitals and community mental
health allocations.
(C) Allocations for services provided for under Chapter 1294 of
the Statutes of 1989.
(2) Expand the resource base with the following nonrealigned
funding sources as allocated among the counties:
(A) Tobacco surtax allocations made under Chapter 1331 of the
Statutes of 1989 and Chapter 51 of the Statutes of 1990.
(B) For the 1994-95 allocation year only, Chapter 1323 of the
Statutes of 1990.
(C) 1993-94 fiscal year federal homeless block grant allocation.
(D) 1993-94 fiscal year Mental Health Special Education
allocations.
(E) 1993-94 fiscal year allocations for the system of care for
children, in accordance with Chapter 1229 of the Statutes of 1992.
(F) 1993-94 fiscal year federal Substance Abuse and Mental Health
Services Administration block grant allocations pursuant to
Subchapter 1 (commencing with Section 10801) of Chapter 114 of Title
42 of the United States Code.
(d) For the Health Account, the Department of Finance shall use
the historical resource base of state funds as allocated among the
counties, cities, and city and county as reported by the former State
Department of Health Services in a September 17, 1991, report of
Indigent and Community Health Resources.
(e) The Department of Finance shall use these adjusted resource
bases for the Health Account and Mental Health Account to calculate
what the 1994-95 fiscal year General Growth Subaccount allocations
would have been, and together with 1994-95 fiscal year Base
Restoration Subaccount allocations, CMSP subaccount allocations,
equity allocations to the Health Account and Mental Health Account as
adjusted by subparagraph (E) of paragraph (2) of subdivision (c) of
Section 17606.05, as that subparagraph read on January 1, 2015, and
special equity allocations to the Health Account and Mental Health
Account as adjusted by subdivision (e) of Section 17606.15
reconstruct the 1994-95 fiscal year General Growth Subaccount
resource base for the 1995-96 allocation year for each county, city,
and city and county. Notwithstanding any other law, the actual
1994-95 general growth allocations shall not become part of the
realignment base allocations to each county, city, and city and
county. The total amounts distributed by the Controller for general
growth for the 1994-95 allocation year shall be reallocated among the
counties, cities, and city and county in the 1995-96 allocation year
according to this paragraph, and shall be included in the general
growth resource base for the 1996-97 allocation year and each fiscal
year thereafter. For the 1996-97 allocation year and fiscal years
thereafter, the Department of Finance shall update the base with
actual growth allocations to the Health Account, Mental Health
Account, and Social Services Account of each county, city, and city
and county local health and welfare trust fund in the prior year, and
adjust for actual changes in nonrealigned funds specified in
subdivision (c) in the year prior to the allocation year.
(f) For the 2013-14 fiscal year and every fiscal year thereafter,
the Controller shall do all of the following:
(1) Allocate to the Mental Health Account of each county, city, or
city and county based on a schedule provided by the Department of
Finance. The Department of Finance shall recalculate the resource
base used in determining the General Growth Subaccount allocations to
the Mental Health Account in accordance with subdivision (c) and
allocate based on that recalculation.
(2) Allocate 18.4545 percent of the total General Growth
Subaccount to the health account of each county, city, or city and
county based on a schedule provided by the Department of Finance in
accordance with subdivision (d).
(3) Allocate the remainder of the funds in the General Growth
Subaccount to the family support account of each county or city and
county based on a schedule provided by the Department of Finance.
These funds shall be expended in accordance with Section 17601.50.
(g) The amounts deposited and remaining unexpended and unreserved
in the General Growth Subaccount shall be allocated on an annual
basis by the Controller, as described in subdivision (f), within 45
days of receiving the General Growth Subaccount allocation schedule
from the Department of Finance.
SEC. 47. Section 17606.15 of the Welfare and Institutions Code is
repealed.
SEC. 48. Section 17606.20 of the Welfare and Institutions Code is
amended to read:
17606.20. (a) On or before the 27th day of each month, the
Controller shall allocate money to each county, city, and city and
county, as general purpose revenues, from revenues deposited in the
Vehicle License Fee Growth Account in the Local Revenue Fund in
amounts that are proportional to each county's, city's, or city and
county's total allocation from the Sales Tax Growth Account, except
amounts provided pursuant to Section 17605.
(b) Notwithstanding subdivision (a), for the 1998-99 fiscal year
and fiscal years thereafter, if, after meeting the requirements of
Section 17605, there are no funds remaining in the Sales Tax Growth
Account to allocate to each county, city, and city and county
pursuant to subdivision (a) of Section 17605.07, Section 17605.08, or
Section 17605.10, the Controller shall allocate the revenues
deposited in the Vehicle License Fee Growth Account to each county,
city, and city and county, as general purpose revenues, in the
following manner:
(1) The Controller shall determine the amount of sales tax growth
in the 1996-97 fiscal year which exceeded the requirements of Section
17605 in the 1996-97 fiscal year.
(2) The Controller shall determine the amount of sales tax growth
allocated in the 1996-97 fiscal year to the County Medical Services
Program Subaccount pursuant to subdivision (a) of Section 17605.07
and to the Indigent Health Equity, Community Health Equity, Mental
Health Equity, State Hospital Mental Health Equity, General Growth,
and Special Equity Subaccounts pursuant to Section 17605.10.
(3) The Controller shall compute percentages by dividing the
amounts determined in paragraph (2) by the amount determined in
paragraph (1).
(4) For calculation purposes related to paragraph (5), the
Controller shall apply the percentages determined in paragraph (3) to
revenues in the Vehicle License Fee Growth Account to determine the
amount of vehicle license fee growth revenues attributable to the
County Medical Services, Indigent Health Equity, Community Health
Equity, Mental Health Equity, State Hospital Mental Health Equity,
General Growth, and Special Equity Subaccounts. This paragraph shall
not require the Controller to deposit vehicle license fee growth
revenues into the subaccounts specified in this paragraph, and is
solely for determining the distribution of vehicle license growth
revenues to each county, city, and city and county.
(5) On or before the 27th day of each month, the Controller shall
allocate money to each county, city, and city and county, as general
purpose revenues, from revenues deposited in the Vehicle License Fee
Growth Account in the Local Revenue Fund. These allocations shall be
determined based on schedules developed by the Department of Finance
pursuant to Section 17606.10, in consultation with the California
State Association of Counties.
(c) This section shall become inoperative on August 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 49. Section 17606.20 is added to the Welfare and Institutions
Code, to read:
17606.20. (a) Annually, the Controller shall allocate money to
each county, city, and city and county, from revenues deposited in
the Vehicle License Fee Growth Account in the Local Revenue Fund in
amounts that are proportional to each county's, city's, or city and
county's total allocation from the Sales Tax Growth Account, except
amounts provided pursuant to Section 17605.
(b) Notwithstanding subdivision (a), for the 1998-99 fiscal year
and fiscal years thereafter, if, after meeting the requirements of
Section 17605, there are no funds remaining in the Sales Tax Growth
Account to allocate to each county, city, and city and county
pursuant to paragraph (1) of subdivision (a) of, or paragraph (1) of
subdivision (b) of, Section 17605.07, or Section 17605.10, the
Controller shall allocate the revenues deposited in the Vehicle
License Fee Growth Account to each county, city, and city and county,
in the following manner:
(1) The Controller shall determine the amount of sales tax growth
in the 1996-97 fiscal year which exceeded the requirements of Section
17605 in the 1996-97 fiscal year.
(2) The Controller shall determine the amount of sales tax growth
allocated in the 1996-97 fiscal year to the County Medical Services
Program Subaccount pursuant to paragraph (1) of subdivision (a) of
Section 17605.07, and to the Indigent Health Equity, Community Health
Equity, Mental Health Equity, State Hospital Mental Health Equity,
General Growth, and Special Equity Subaccounts pursuant to Section
17605.10, as that section read on January 1, 2015.
(3) The Controller shall compute percentages by dividing the
amounts determined in paragraph (2) by the amount determined in
paragraph (1).
(4) For calculation purposes related to paragraph (5), the
Controller shall apply the percentages determined in paragraph (3) to
revenues in the Vehicle License Fee Growth Account to determine the
amount of vehicle license fee growth revenues attributable to the
County Medical Services Program Growth, Indigent Health Equity,
Community Health Equity, Mental Health Equity, State Hospital Mental
Health Equity, General Growth, and Special Equity Subaccounts. This
paragraph shall not require the Controller to deposit vehicle license
fee growth revenues into the subaccounts specified in this
paragraph, and is solely for determining the distribution of vehicle
license growth revenues to each county, city, and city and county.
(5) Annually, the Controller shall allocate money to each county,
city, and city and county, from revenues deposited in the Vehicle
License Fee Growth Account in the Local Revenue Fund. These
allocations shall be determined based on schedules developed by the
Department of Finance pursuant to Section 17606.10, in consultation
with the California State Association of Counties. The Controller
shall allocate these funds within 45 days of receiving the schedules
from the Department of Finance.
(c) This section shall become operative on August 1, 2015.
SEC. 50. Section 17608.05 of the Welfare and Institutions Code is
amended to read:
17608.05. (a) As a condition of deposit of funds from the Sales
Tax Account of the Local Revenue Fund into a county's local health
and welfare trust fund mental health account, the county or city
shall deposit each month local matching funds in accordance with a
schedule developed by the State Department of Mental Health based on
county or city standard matching obligations for the 1990-91 fiscal
year for mental health programs.
(b) A county, city, or city and county may limit its deposit of
matching funds to the amount necessary to meet minimum federal
maintenance of effort requirements, as calculated by the State
Department of Health Care Services, subject to the approval of the
Department of Finance. However, the amount of the reduction permitted
by the limitation provided for by this subdivision shall not exceed
twenty-five million dollars ($25,000,000) per fiscal year on a
statewide basis.
(c) Any county, city, or city and county that elects not to apply
maintenance of effort funds for community mental health programs
shall not use the loss of these expenditures from local mental health
programs for realignment purposes.
SEC. 51. Section 17608.10 of the Welfare and Institutions Code is
amended to read:
17608.10. As a condition of deposit of funds from the Sales Tax
Account of the Local Revenue Fund into a county's or city's local
health and welfare trust fund account, a county or city shall deposit
county or city general purpose revenues into the health account each
month equal to one-twelfth of the amounts set forth in the following
schedule:
Jurisdiction Amount
Alameda ............................ $
20,545,579
Alpine ............................. 21,465
Amador ............................. 278,460
Butte .............................. 724,304
Calaveras .......................... 0
Colusa ............................. 237,754
Contra Costa ....................... 10,114,331
Del Norte .......................... 44,324
El Dorado .......................... 704,192
Fresno ............................. 10,404,113
Glenn .............................. 58,501
Humboldt ........................... 589,711
Imperial ........................... 772,088
Inyo ............................... 561,262
Kern ............................... 7,623,407
Kings .............................. 466,273
Lake ............................... 118,222
Lassen ............................. 119,938
Los Angeles ........................ 159,324,707
Madera ............................. 81,788
Marin .............................. 1,196,515
Mariposa ........................... 0
Mendocino .......................... 347,945
Merced ............................. 858,484
Modoc .............................. 70,462
Mono ............................... 409,928
Monterey ........................... 3,367,970
Napa ............................... 546,957
Nevada ............................. 96,375
Orange ............................. 15,727,317
Placer ............................. 368,490
Plumas ............................. 66,295
Riverside .......................... 7,365,244
Sacramento ......................... 7,128,508
San Benito ......................... 0
San Bernardino ..................... 4,316,679
San Diego .......................... 4,403,290
San Francisco ...................... 39,363,076
San Joaquin ........................ 2,469,934
San Luis Obispo .................... 1,359,837
San Mateo .......................... 6,786,043
Santa Barbara ...................... 3,794,166
Santa Clara ........................ 13,203,375
Santa Cruz ......................... 2,053,729
Shasta ............................. 184,049
Sierra ............................. 7,330
Siskiyou ........................... 287,627
Solano ............................. 115,800
Sonoma ............................. 438,234
Stanislaus ......................... 3,510,803
Sutter ............................. 674,240
Tehama ............................. 446,992
Trinity ............................ 292,662
Tulare ............................. 1,547,481
Tuolumne ........................... 305,830
Ventura ............................ 4,185,070
Yolo ............................... 1,081,388
Yuba ............................... 187,701
Berkeley ........................... 1,953,018
Long Beach ......................... 0
Pasadena ........................... 0
SEC. 52. Section 17608.15 of the Welfare and Institutions Code is
repealed.
SEC. 53. Section 17609.05 of the Welfare and Institutions Code is
amended to read:
17609.05. (a) Each county, city, or city and county shall file
with the Controller annual reports of trust fund deposits and
disbursements within 60 days after the end of the year.
(b) The Controller shall verify deposits and notify appropriate
state agencies upon request of deficits in deposits. The next
scheduled allocations shall not be made until deposits are made
accordingly. Reports shall be forwarded to the appropriate state
department for expenditure verification.
SEC. 54. Section 18910 of the Welfare and Institutions Code is
amended to read:
18910. (a) To the extent permitted by federal law, regulations,
waivers, and directives, the department shall implement the
prospective budgeting, semiannual reporting system provided in
Sections 11265.1, 11265.2, and 11265.3, and related provisions,
regarding CalFresh, in a cost-effective manner that promotes
compatibility between the CalWORKs program and CalFresh, and
minimizes the potential for payment errors.
(b) For CalFresh recipients who also are Medi-Cal beneficiaries
and who are subject to the Medi-Cal midyear status reporting
requirements, counties shall seek to align the timing of reports
required under this section with midyear status reports required by
the Medi-Cal program. This subdivision does not apply to CalFresh
households in which all adult members are elderly or disabled
members, as defined in Section 271.2 of Title 7 of the Code of
Federal Regulations, and in which the household has no earned income.
(c) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement subdivision (a).
(d) Counties may establish staggered, semiannual reporting cycles
for individual households, based on factors established or approved
by the department, provided the semiannual reporting cycle is aligned
with the certification period; however, all households within a
county must be transitioned to a semiannual reporting system
simultaneously. Up to and until the establishment of a countywide
semiannual reporting system, a county shall operate a quarterly
system, as established by law and regulation.
(e) The requirement of subdivision (e) of Section 11265.1 shall
apply to the implementation of this section.
(f) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section 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.
(g) (1) It is the intent of the Legislature that, due to the
establishment of a semiannual reporting cycle, change reporting no
longer be imposed on certain households that were exempt from
quarterly reporting pursuant to federal law. To that end, the
department shall work with county human services agencies, client
advocates, and the Statewide Automated Welfare System to eliminate
change reporting for all households no later than January 1, 2017.
(2) For the purposes of this subdivision, "change reporting" means
the reporting requirements imposed on households designated as
certified change reporting households pursuant to Section 273.12(a)
of Title 7 of the Code of Federal Regulations.
SEC. 55. Section 18910.1 is added to the Welfare and Institutions
Code, to read:
18910.1. It is the intent of the Legislature that all CalFresh
households shall be assigned certification periods that are the
maximum number of months allowable under federal law based on the
household's circumstances, unless a county is complying with
subdivision (b) of Section 18910.
SEC. 56. Section 18358.30 of the Welfare and Institutions Code is
amended to read:
18358.30. (a) Rates for foster family agency programs
participating under this chapter shall be exempt from the current
AFDC-FC foster family agency ratesetting system.
(b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family. For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement. For an eligible child
assessed by the county interagency review team or county placing
agency as at imminent risk of group home placement or psychiatric
hospitalization, the appropriate service and rate level for the child
shall be determined by the interagency review team or county placing
agency at time of placement. In all of the service and rate levels,
the foster family agency programs shall:
(1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.
(2) Pay an amount not less than two thousand one hundred dollars
($2,100) per child per month to the certified foster parent or
parents.
(3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.
(4) (A) (i) Provide a minimum average range of service per month
for children in each service and rate level in a participating foster
family agency, represented by paid employee hours incurred by the
participating foster family agency, by the in-home support counselor
to the eligible child and the certified foster parents depending on
the needs of the child and
according to the following schedule:
Service In-Home Support
and Counselor Hours
Rate Level Per Month
A 98-114 hours
B 81-97 hours
C 64-80 hours
D 47-63 hours
(ii) Children placed at Service and Rate Level E shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
(B) (i) For the interim period beginning July 1, 2012, through
December 31, 2016, inclusive, only the following modified service and
rate levels to support modified in-home support counselor hours per
month shall apply:
Service In-Home Support
and Counselor Hours
Rate Level Per Month
Level I 81-114 hours
Level II 47-80 hours
Level III Less than 47 hours
(ii) Children placed at Service and Rate Level III shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
(C) When the interagency review team or county placing agency and
the foster family agency agree that alternative services are in the
best interests of the child, the foster family agency may provide or
arrange for services and supports allowable under California's foster
care program in lieu of in-home support services required by
subparagraphs (A) and (B). These services and supports may include,
but need not be limited to, activities in the Multidimensional
Treatment Foster Care (MTFC) program.
(c) The department or placing county, or both, may review the
level of services provided by the foster family agency program. If
the level of services actually provided are less than those required
by subdivision (b) for the child's service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.
(d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:
Service Fiscal Year
and 1998-99
Rate Level Standard Rate
A $3,957
B $3,628
C $3,290
D $2,970
E $2,639
(2) For the interim period beginning July 1, 2012, through
December 31, 2016, inclusive, only the following modified service and
rate levels to support the modified standard rate schedule shall
apply:
Service
and
Rate Level Standard Rate
Level I $5,581
Level II $4,798
Level III $4,034
(3) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded to the
nearest dollar. The resultant amounts shall constitute the new
standardized rate schedule, subject to further adjustment pursuant to
subparagraph (B), for foster family agency programs participating
under this chapter.
(B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized schedule of rates shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized rate schedule
for foster family agency programs participating under this chapter.
(4) (A) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the California Necessities Index computed pursuant to Section 11453,
subject to the availability of funds. The resultant amounts, rounded
to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under this
chapter.
(B) Effective October 1, 2009, the rates identified in this
subdivision shall be reduced by 10 percent. The resulting amounts
shall constitute the new standardized schedule of rates.
(5) Notwithstanding paragraphs (3) and (4), the rate identified in
paragraph (2) of subdivision (b) shall be adjusted on July 1, 2013,
and each July 1 thereafter through July 1, 2016, inclusive, by an
amount equal to the California Necessities Index computed pursuant to
Section 11453.
(e) (1) Rates for foster family agency programs participating
under paragraph (1) of subdivision (d) shall not exceed Service and
Rate Level A at any time during an eligible child's placement. An
eligible child may be initially placed in a participating intensive
foster care program at any one of the five Service and Rate Levels A
to E, inclusive, and thereafter placed at any level, either higher or
lower, not to exceed a total of six months at any level other than
Service and Rate Level E, unless it is determined to be in the best
interests of the child by the child's county interagency review team
or county placing agency and the child's certified foster parents.
The child's county interagency placement review team or county
placement agency may, through a formal review of the child's
placement, extend the placement of an eligible child in a service and
rate level higher than Service and Rate Level E for additional
periods of up to six months each.
(2) Rates for foster family agency programs participating under
paragraph (2) of subdivision (d) shall not exceed Service and Rate
Level I at any time during an eligible child's placement. An eligible
child may be initially placed in a participating intensive foster
care program at any one of the three Service and Rate Levels I to
III, inclusive, and thereafter placed at any level, either higher or
lower, not to exceed a total of six months at any level other than
Service and Rate Level III, unless it is determined to be in the best
interests of the child by the child's county interagency review team
or county placing agency, foster family agency, and the child's
certified foster parents. The child's county interagency placement
review team or county placement agency, through a formal review of
the child's placement, may extend the placement of an eligible child
in a service and rate level higher than Service and Rate Level III
for additional periods of up to six months each.
(f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child's need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.
(g) It is the intent of the Legislature to prohibit any
duplication of public funding. Therefore, social worker services,
payments to certified foster parents, administrative activities, and
the services of in-home support counselors that are funded by another
public source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.
(h) It is the intent of the Legislature that the State Department
of Social Services and the State Department of Health Care Services,
in collaboration with county placing agencies and ITFC providers and
other stakeholders, develop and implement an integrated system that
provides for the appropriate level of placement and care, support
services, and mental health treatment services to foster children
served in these programs.
(i) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 57. As the State Department of Social Services implements the
first stage of the multiyear proposal to increase the inspection
frequency of facilities licensed by the Community Care Licensing
Division pursuant to the quality enhancement and program improvement
reforms, pursuant to Sections 1534, 1569.33, 1597.09 and 1597.55a, of
the Health and Safety Code, the department shall update the
Legislature frequently, and no later than April 1, 2016, for the
first update, regarding the implementation of the multiyear proposal.
These updates shall be based on the most recent workload analysis
and shall include, but not be limited to, an analysis of the policy
and fiscal implications of implementing annual inspections for all
facilities, an update of the number of filled and authorized
positions within the division, an analysis of the fiscal and policy
implications of any federal licensing requirements, and the data
necessary to assess whether the department is in compliance with
statutorily required inspection frequencies.
SEC. 58. (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the State Department of Social Services may implement and administer
the changes made in this act to Sections 11253.4, 11330.5, 11461.3,
and 11477 of the Welfare and Institutions Code through all-county
letters or similar instructions until regulations are adopted.
(b) The department shall adopt emergency regulations implementing
the sections specified in subdivision (a) no later than January 1,
2017. The department may readopt any emergency regulation authorized
by this section that is the same as, or substantially equivalent to,
any emergency regulation previously adopted pursuant to this section.
The initial adoption of regulations pursuant to this section and one
readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted.
SEC. 59. To the extent that any provision of this act has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation within the meaning of Section 36 of Article
XIII of the California Constitution, it shall apply to local agencies
only to the extent that the state provides annual funding for the
cost increase. Any new program or higher level of service provided by
a local agency pursuant to any provision of this act for programs or
levels of service mandated by the 2011 Realignment Legislation above
the level for which funding has been provided shall not require a
subvention of funds by the state nor otherwise be subject to Section
6 of Article XIII B of the California Constitution.
Provisions of this act addressing programs or levels of service
not included in the 2011 Realignment Legislation may be subject to
Section 6 of Article XIII B of the California Constitution. If the
Commission on State Mandates determines that any provision 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. 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.