Human services omnibus.
Summary
(1) 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 California Work Opportunity and Responsibility to Kids (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. Existing law, until January 1, 2021, requires the State Department of Social Services to implement and maintain a nonbiometric identity verification method in the CalWORKs program. This bill would repeal the January 1, 2021, repeal date, thereby extending that provision indefinitely, and would also provide, commencing July 1, 2020, that the methods approved by the department as of July 1, 2018, satisfy that requirement for nonbiometric identity verification methods in the CalWORKs program. Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required child support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible. This bill would, commencing January 1, 2022, or when the State Department of Social Services and the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction no later than September 1, 2020, to facilitate automation changes necessary and would authorize the Department of Social Services and the Department of Child Support Services to implement, interpret, or make specific the increase by means of all-county letters or similar instructions from the departments until regulations are adopted. Existing law provides that a parent or caretaker relative shall not be eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months, and provides that any month in which specified conditions exist is not counted toward that 48-month time limit. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility, except when exempt under specified conditions. Existing law requires that necessary supportive services be available to participants in welfare-to-work activities, including, among other things, childcare. This bill would clarify that individuals who are not required to participate, and express an intent to participate voluntarily, or sanctioned participants who indicate an intent to engage in any program activity or employment, pursuant to program rules, are eligible to receive childcare under these provisions. The bill would require a participant, after securing childcare services, to sign a welfare-to-work plan or a curing plan, whichever is appropriate, or other agreement that may be developed and approved for use on a statewide basis by the State Department of Social Services. Existing law establishes the Cal-Learn Program and requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires counties to contract for the provision of case management services with public or nonprofit agencies or school districts that administer services under the Adolescent Family Life Program. This bill would instead require counties to contract for the provision of intensive case management services with public or nonprofit agencies or school districts that administer services pursuant to various intensive case management models, including a home visiting model, and to include approved contractors in their planning and implementation of the Cal-Learn Program. Existing law provides for childcare for CalWORKs recipients and requires the county welfare department to manage the first of 3 stages of childcare, as described, which begins upon the entry of a person into the program and during which a family receives a childcare subsidy for any legal care chosen by the parent. Existing law also states the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide benefit payments to recipients of aid under the CalWORKs program, as specified. Existing law requires, commencing with the 2020–21 fiscal year, that the funding provided for stage one childcare be allocated to counties separately from the single allocation for purposes of providing direct stage one childcare services and stage one childcare-related administration. This bill would instead make that requirement applicable commencing with the 2021–22 fiscal year and for each fiscal year thereafter. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law requires the State Department of Social Services to establish, by July 1, 2019, the CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the State Department of Social Services of best practices in service delivery. Existing law requires Cal-OAR to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. Existing law establishes a 3-year Cal-OAR cycle, and requires performance indicator data to be used to establish both county and statewide baselines for each of the process measures during the first 3-year Cal-OAR cycle. Existing law also requires the county CalWORKs self-assessment process and the county CalWORKs system improvement plan to be completed by the county every 3 years. Under existing law, a county is required to fulfill any components of its CalWORKs system improvement plan that it can do with existing resources, but is not required to fulfill any components of its CalWORKs system improvement plan that creates new costs unless funds are appropriated for this purpose in the annual Budget Act. This bill would instead establish a 5-year Cal-OAR cycle, would require the county CalWORKs self-assessment process and the county CalWORKs system improvement plan to be completed every 5 years, and would make the implementation of the Cal-OAR continuous quality improvement components optional for counties for the 2020–21 fiscal year. The bill would exempt specified contracts or grants necessary for the State Department of Social Service to implement or evaluate the Cal-OAR from prescribed requirements, including review and approval by the Department of General Services or the Department of Technology. Commencing on January 10, 2021, the bill would require the department to provide a summary of executed and pending contracts and grants relating to Cal-OAR on the State Department of Social Services' website. The bill would make these provisions on contracts and grants inoperative on July 1, 2023, and would repeal it as of January 1, 2024. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill. (2) Existing federal law provides for the federal 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 each county human services agency to carry out the local administrative responsibilities of this program, subject to the supervision of the State Department of Social Services and to rules and regulations adopted by the department. Among other requirements, existing law requires each county welfare department to, if appropriate, exempt a household from complying with face-to-face interview requirements for purposes of determining eligibility at initial application and recertification. This bill would require the department to establish verification policies and procedures for CalFresh applicants and beneficiaries to verify required information, which would require counties to first seek verification from available electronic sources or self-attestation before requesting additional information, to the extent permitted by federal law. The bill would require the department to issue guidance that prohibits a county human services agency from requesting additional documents to verify dependent care expenses, except as specified. The bill would require county welfare departments to take specified actions by January 1, 2022, in an effort to expand CalFresh program outreach and retention and improve dual enrollment between the CalFresh and Medi-Cal programs, and to provide prepopulated CalFresh applications to Medi-Cal beneficiaries who are apparently CalFresh eligible and not dually enrolled during the Medi-Cal renewal process, as specified. The bill would also require county welfare departments to implement specified scheduling techniques for purposes of scheduling and rescheduling eligibility interviews by July 1, 2021, and would authorize the department, in consultation with counties and client advocates, to authorize additional scheduling techniques that may also be used to fulfill this requirement. Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits and, at the time of redetermination, require the family to complete a certificate of eligibility. Existing law additionally requires the county to redetermine recipient eligibility and grant amounts on a semiannual basis and requires the recipient to submit a semiannual report form during the first semiannual reporting period following the application or annual redetermination of eligibility. Existing law requires, to the extent permitted by federal law, the department to implement the semiannual reporting system, including the use of the semiannual report form, in the CalFresh program. This bill would require the department to convene a workgroup to consider semiannual reporting for purposes of reducing the reporting burden on recipients and the workload for county eligibility staff. The bill would require the workgroup to consider federally allowable reporting structures implemented in other state, and would require the workgroup's recommendations to be submitted to the Legislature by October 1, 2021. The bill would also make various changes to the existing semiannual reporting requirements, including by, among other things, requiring counties to attempt to collect necessary information to complete a recipient's semiannual report form if the recipient has failed to complete the form by a specified date. The bill would require the department to work with specified entities to develop and implement the necessary system changes to prepopulate the semiannual report form, among other requirements. The bill would also add to the eligibility redetermination certification requirements that a recipient is required to provide information on the certificate about income received during the 30 days prior to submission. The bill would also make technical and conforming changes. By imposing a higher level of service on county welfare departments, the bill would impose a state-mandated local program. Existing law requires current and future CalFresh benefits to be reduced to recover a benefit overissuance caused by intentional program violation, inadvertent household error, or administrative error, as specified. Existing law prohibits the establishment or collection of a CalFresh overissuance caused by administrative error or inadvertent household error for a household that is no longer receiving CalFresh benefits, if the overissuance is less than $400. This bill would prohibit the establishment or collection of the above-described overissuance if the overissuance is in an amount that is higher than $400 if approved by the United States Department of Agriculture, as specified. Existing law, until July 1, 2020, requires the State Department of Social Services to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would extend that program to July 1, 2024, and would repeal those provisions on January 1, 2025. Under existing law, the state pays 70% of the nonfederal costs of administering the CalFresh program and the counties pay the remaining share of administering the program. For the 2021–21 and 2021–22 fiscal years, this bill would limit a county's share of cost contributions for the nonfederal costs for administering the CalFresh program to the amount of county funds that the county was required to match to receive its full General Fund allocation under the Budget Act of 2019, and would provide that the General Fund allocation for administration of CalFresh, for the 2021–21 and 2021–22 fiscal year, be equal to 35% of the total federal and nonfederal projected funding for administration of that program. This bill would make these provisions inoperative on July 1, 2022, and would repeal it as of January 1, 2023. Existing law requires the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association of California to update the budgeting methodology used to determine the annual funding for county administration of the CalFresh program beginning with the 2020–21 fiscal year. This bill would instead require the department to work with those entities to update that budgeting methodology beginning with the 2021–22 fiscal year. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the State Department of Social Services of community care facilities. Under existing law, community care facilities include, among others, various types of adult residential facilities. Under existing law, a violation of the act is a misdemeanor. Existing law separately licenses and regulates residential care facilities for the elderly (RCFE) , which provide housing and other specified services for persons 60 years of age and older. Existing law requires an RCFE, prior to transferring a resident to another facility or to an independent living arrangement as a result of the forfeiture of a license or change in use of the facility, to take certain specified actions. Among other provisions, existing law requires an RCFE, if 7 or more residents of the facility will be transferred as a result of the forfeiture of a license or the change in the use of a facility, to submit a proposed closure plan for the affected residents to the department for review, and requires the department to approve or disapprove the plan. This bill would require the licensee of an RCFE that has submitted a closure plan to inform the city and county in which the facility is located of the proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before the proposed closure. The bill would also require the licensee of an adult residential facility that is planning to close to provide this notice to the city and county in which the facility is located. Because a violation of the bill's requirements by an adult residential facility would be a misdemeanor, the bill would impose a state-mandated local program. (3) Existing law provides for the implementation of the resource family approval process, which replaces the multiple processes for licensing foster family homes, certifying foster homes by foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. Existing law requires the department to annually conduct reviews of resource families to ensure that approval standards are probably applied and requires counties and foster family agencies to update resource family approval annually. This bill would instead require the department to conduct those reviews biennially and require counties and foster family agencies to update resource family approval biennially. Existing law, the California Community Care Facilities Act, among other things, provides for the licensure and regulation of foster family agencies, which are organizations engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents and resource families, or in finding homes for foster children in need of care. Existing law requires social work personnel for a foster family agency to have a master's degree or higher from an accredited or state-approved graduate school in social work or social welfare, or equivalent education and experience, and to complete specified coursework and field practice. In addition to those requirements, existing law requires social work personnel to meet core competencies, as specified, to participate in an assessment and evaluation of an applicant or resource family. This bill would authorize nonsocial work personnel, who have a minimum of a bachelor's degree in social work, psychology, or a similar field, and who have specified experience and core competencies, to complete a resource family home health and safety assessment if the assessment is reviewed and approved by a social worker. The bill would also authorize those nonsocial work personnel to complete orientation of potential resource family applicants. Existing interim licensing standards set by the State Department of Social Services require a foster family agency to employ one full-time social worker for every 15 children or fraction thereof in placement. This bill would instead require a foster family agency to employ one full-time social worker for every 18 children or fraction thereof in placement. Existing law requires the State Department of Social Services to develop a payment system for foster family agencies that provide treatment, intensive treatment, and therapeutic foster care programs. Existing law, commencing July 1, 2019, requires that the rates paid to foster family agencies, except for the rate paid to a certified family home or resource family agency, be 4.15% higher than the rates paid to foster family agencies in the 2018–19 fiscal year, and suspends that rate increase on December 31, 2021, unless a specified circumstance applies. The bill would state the intent of the Legislature to offset any General Fund moneys appropriated for the above-described rate increase if, during the 2020–21 fiscal year, the State Department of Social Services and the Department of Finance identify additional federal funds due to the ability of the State Department of Social Services to implement a foster family agency Social Worker Time Study, and would require an update on the results of that study to be provided to specified committees of the Legislature. Existing law provides for the temporary or emergency placement of dependent children of the juvenile court and nonminor dependents with relative caregivers or nonrelative extended family members under specified circumstances. Existing law requires counties to provide a specified payment to an emergency caregiver if, among other things, the emergency caregiver has completed an application for resource family approval and an application for the Emergency Assistance Program. Existing law requires these payments to be made from Emergency Assistance Program funds included in the state's TANF block grant, with the county solely responsible for the nonfederal share of cost, except as specified. Under existing law, during the 2019–20 fiscal year, these payments are ineligible for the federal or state share of payment upon approval or denial of the resource family application or beyond 120 days, whichever comes first, subject to an extension beyond those payments, for up to 365 days of payments, if certain conditions are met by the county, including, among others, the provision of monthly documentation showing good cause for the delay in approving the resource family application that is outside the control of the county. For the 2020–21 fiscal year, and each fiscal year thereafter, existing law makes these payments ineligible for the federal or state share of payment upon approval or denial of the resource family application or beyond 90 days, whichever comes first, and authorizes the department to consider extending the required payments beyond 90 days if the resource family approval process cannot be completed within 90 days due to circumstances outside of a county's control. This bill would instead apply the time limits for the 2019–20 fiscal year to the 2020–21 fiscal year, and would delete the department's authority, as described above, to consider extending the required payment. For the 2021–22 fiscal year and each fiscal year thereafter, the bill would prescribe that these payments be made from Emergency Assistance Program funds included in the state's TANF block grant, with the county solely responsible for the nonfederal share of cost, except as specified, and would authorizes the department to consider extending the required payments beyond 90 days if the resource family approval process cannot be completed within 90 days due to circumstances outside of a county's control. Existing law establishes the supervised independent living placement as an independent supervised setting that is specified in a nonminor dependent's transitional independent living case plan and in which the nonminor dependent is living independently. This bill would authorize a county to complete an inspection of a supervised independent living placement through a method other than an in-person visit and would authorize a county, for the 2020–21 fiscal year, to temporarily approve the supervised independent living placement pending the submission of required forms by the nonminor dependent, based on the nonminor dependent's agreement that the forms will be submitted. Existing law makes transitional housing available to any former foster youth who is at least 18 years of age and not more than 24 years of age who has exited from the foster care system on or after their 18th birthday and has elected to participate in the Transitional Housing Program-Plus, as defined, if they have not received services pursuant to these provisions for more than a total of 24 months. Existing law provides for the establishment of rates to be paid to providers of transitional housing. This bill would authorize a county to extend the provision of services to former foster youth who are participating in the Transitional Housing Program-Plus as of July 1, 2020, without regard to their age or the length of time they have received services, until July 1, 2021. This bill would require, subject to an appropriation in the annual budget act, and commencing July 1, 2021, or September 1, 2022, as specified, that rate to be supplemented with a housing supplement to be calculated by the State Department of Social Services. The bill would specify the method to be used by the State Department of Social Services to calculate that supplement and would require the department to notify county welfare agencies by November 1 of each year of the amount of the supplement by means of all-county letters or similar written instructions. To the extent that this bill would expand the duties of county welfare agencies with regard to the administration of the transitional housing programs, it would impose a state-mandated local program. Existing law requires the State Department of Social Services to establish a statewide hotline as the entry point for a Family Urgent Response System, as defined, to respond to calls from caregivers or current or former foster children or youth during moments of instability, as specified. Existing law requires the hotline to include, among other things, referrals to a county-based mobile response system, as specified, for further support and in-person response. Existing law also requires county child welfare, probation, and behavioral health agencies, in each county or region of counties, as specified, to establish a joint county-based mobile response system that includes a mobile response and stabilization team for the purpose of providing supportive services to, among other things, address situations of instability, preserve the relationship of the caregiver and the child or youth, and stabilize the situation. Existing law requires the statewide hotline and each county-based mobile response system to become operational on the same date, no sooner than January 1, 2021, and authorizes a county or region of counties to receive an extension, not to exceed six months, to implement that system after that date upon submission of a written request. This bill would authorize the statewide hotline to operate sooner than January 1, 2021, or before the date that each county has created a county mobile response system, upon notification from each county to the department that the county satisfies prescribed requirements. The bill would modify the requirements for a county or region of counties to receive the above-specified extension on system implementation. The bill would authorize county-based mobile response systems to be temporarily adapted to address circumstances associated with COVID-19. Existing law establishes a child welfare public health nursing early intervention program in the County of Los Angeles to improve outcomes for youth who are at risk of entering the foster care system. Existing law requires the program to be administered by the Los Angeles County Department of Public Health (DPH) , in cooperation with the county's Department of Children and Family Services (DCFS) . Existing law requires the DPH and the DCFS to develop appropriate outcome measures to determine the effectiveness of the program in achieving its objectives and report, commencing January 1, 2021, and each January 1 thereafter, its findings and recommendations to the Legislature. Existing law requires the State Department of Health Care Services and the county to seek federal approvals necessary to implement the program and maximize federal financial participation, and requires the State Department of Social Services, contingent upon an appropriation in the annual Budget Act, to provide funds to the DPH for the program. Existing law suspends the implementation of these provisions on December 31, 2021, unless the Department of Finance makes a specified determination relating to the 2021–22 and 2022–23 fiscal years. This bill would instead require the DPH to report, on January 1 during the fiscal year when funding has been provided to the DPH by the State Department of Social Services, and each January 1 thereafter, to the Legislature on the program. Before January 1, 2021, and to the extent enabled by existing resources or appropriated funds, the bill would additionally require the State Department of Health Care Services and the county to determine the steps required to seek federal approvals necessary to claim federal financial participation for those allowable Medicaid activities of the program, and to seek those federal approvals. The bill would require the County of Los Angeles to submit to the State Department of Health Care Services specified information relating to that department's determinations on those federal approvals, and would condition the implementation of Medicaid activities under this program on that department obtaining federal approval. Existing law establishes the California Child and Family Service Review System to review all county child welfare systems, as specified. Among other provisions, existing law requires child and family service reviews to maximize compliance with the federal regulations for the receipt of designated federal funding. Under existing law, if a federal disallowance or other financial penalty is imposed on the state based on the results of the federal Children and Family Services Review, the State Department of Social Services, in consultation with the California State Association of Counties, is required to develop an apportionment of the total counties' share of the penalty, as prescribed. This bill would require counties to be held harmless, and the state to provide a funding backfill, for any loss of federal funding associated with a reduction in federal financial participation for failure to meet federal monthly visitation requirements, and federal disallowances due to specified federal review findings, during months when a statewide or locally declared disaster or state of emergency is in effect, or in a fiscal year when specified conditions exist relating to the availability of county revenues. (4) Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law provides that the public authority or nonprofit consortium shall be deemed to be the employer of in-home supportive services personnel for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law requires prospective providers of in-home supportive services to complete a provider orientation at the time of enrollment, and requires representatives of the recognized employee organization in the county to be permitted to make a presentation of up to 30 minutes at that orientation. Existing law requires each public employer, as defined, to provide the exclusive representative mandatory access to its new employee orientations, and requires the parties, upon request of the employer or the exclusive representative, to negotiate regarding the structure, time, and manner of that access. Existing law, until July 1, 2021, applies that requirement to negotiate IHSS provider orientations in the Counties of Los Angeles, Merced, and Orange. This bill would delete that requirement for the Counties of Los Angeles, Merced, and Orange. The bill would, among other things, prohibit counties from discouraging prospective providers from attending, participating, or listening to the orientation presentation of the recognized employee organization, but would authorize prospective providers to choose not to participate in the recognized employee organization presentation. This bill would, prior to scheduling a provider orientation, require counties to provide the recognized employee with not less than 10 days advance notice of the planned date, time, and location of the orientation, and to make reasonable efforts to schedule the orientation so the recognized employee organization can attend if notified by the organization of its unavailability on the planned date, time, and location, unless waived, as specified. The bill would, to the extent that the orientation is modified from an onsite and in-person orientation, impose the same requirements for counties in regards to the recognized employee organization presentation, as previously described. By imposing new requirements on counties, the bill would impose a state-mandated local program. Existing law prohibits a person from providing supportive services if the person has been convicted of specified crimes in the previous 10 years. Existing law requires the State Department of Social Services and the State Department of Health Care Services to develop a provider enrollment form that each person seeking to provide supportive services shall complete, sign under penalty of perjury, and submit to the county, containing designated statements relating to the provider's criminal history. Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act exempts from public inspection specified information regarding persons paid by the state to provide in-home supportive services or personal care services. This bill would additionally exempt from public inspection specified information regarding persons who have completed the above-described provider enrollment form. Existing law requires the State Department of Social Services to develop a standardized curriculum, training materials, and work aids, and operate an ongoing, statewide training program on the supportive services uniformity system for specified staff involved in the provision of IHSS services. This bill would require that training to address, at a minimum, statutes, regulations, and policies related to in-home supportive services and service assessment and authorization, including the functional index ranks and statewide hourly task guidelines, and would require the department to develop a one-day refresher training program on service assessment and authorization, including the functional index ranks and statewide hourly task guidelines. The bill would require staff in certain positions who were hired after a specified date to complete the training within 6 months of being hired and require staff in those positions who were hired prior to that date and who either have not taken the training or took the training prior to July 1, 2019, to complete the refresher training program by December 31, 2021. By imposing additional training requirements on county staff, this bill would impose a state-mandated local program. Existing law requires counties to perform specified quality assurance activities in connection with the provision of services under the IHSS program. This bill, until December 31, 2020, would authorize a county to request, and authorize the department to approve, a reduction of quality assurance and program integrity activities to address staffing shortages and enable the county to repurpose staff to support critical IHSS administrative functions for a prescribed time period. The bill, until December 31, 2020, would authorize a county to perform required quality assurance and program integrity activities remotely, as specified. Existing law, the Medi-Cal Benefits Program, permits a person to receive "waiver personal care services" upon approval by the State Department of Social Services after meeting certain conditions and in accordance with a waiver approved under federal law for persons who would otherwise require care in a nursing home. Existing law defines "waiver personal care services" to mean personal care services authorized by the department for persons who are eligible for either nursing or model nursing facility waiver services, as specified. Existing law, the Healthy Workplaces, Healthy Families Act of 2014, with certain exceptions, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days in accordance with certain provisions. Existing law entitles, among others, a provider of in-home supportive services, as defined, who meets certain requirements, to paid sick days commencing July 1, 2018. Existing law authorizes the State Department of Social Services to implement and interpret these provisions. This bill would entitle an individual provider of "waiver personal care services" who also provides in-home supportive services in an applicable month to paid sick days commencing July 1, 2019. The bill would, for a provider of waiver personal care services, require eligibility to be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services, subject to use and accrual limitations. (5) Existing law vests in the State Department of Developmental Services jurisdiction over various state hospitals, referred to as developmental centers, to provide care to persons with developmental disabilities. Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is experiencing an acute crisis and is committed by a court to the acute crisis center at the Fairview Developmental Center or the Sonoma Developmental Center. Existing law includes those acute crisis centers in the definition of an acute crisis home and establishes certain procedures to be followed prior to, and following, a consumer's admission to an acute crisis home. This bill would authorize the department to execute leases, lease-purchases, or leases with the option to purchase for real property necessary for the establishment or maintenance of Stabilization, Training, Assistance and Reintegration (STAR) homes to serve as acute crisis homes operated by the department. Existing law requires a state department, board, or commission to obtain prior approval of the Department of General Services to engage in any lease activity and subjects a lease agreement to approval by the department. This bill would exempt the State Department of Developmental Services from the requirement to receive lease approval from the Department of General Services for the lease, lease-purchase, or lease with the option to purchase the STAR homes known as North STAR Home 1 and North STAR Home 2, both located in the City of Vacaville. Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Under existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) , developed in accordance with prescribed requirements. Existing law requires an individual program plan to be reviewed and modified by the planning team no less often than once every 3 years, but provides that if the consumer, consumer's parents, legal guardian, authorized representative, or conservator requests an individual program plan review, the individual program plan is required to be reviewed within 30 days after the request is submitted. This bill would require the individual program plan to be reviewed no later than 7 days after the request is submitted if necessary for the consumer's health and safety or to maintain the consumer in their home. Existing law requires the department, contingent upon approval of federal funding, to establish and implement a state Self-Determination Program, as defined, that would be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP, in accordance with prescribed requirements. Existing law authorizes the State Council on Developmental Disabilities, in collaboration with a specified protection and advocacy agency and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, to work with regional centers to survey participants regarding participant satisfaction under the Self-Determination Program. Existing law requires those entities to issue a report to the Legislature, no later than 3 years following the approval of the federal funding on the status of the Self-Determination Program. This bill would instead require those entities to issue the report to the Legislature by December 31, 2022. The bill would additionally require the council to issue an interim report to the Legislature, no later than June 30, 2021, on the status of the Self-Determination Program, barriers to implementation, and recommendations to enhance the effectiveness of the program, as specified. The bill would require the department to assist in providing available information to the council in order to facilitate the timely issuance of the report. Existing law requires the department, effective January 1, 2020, and subject to certain conditions, to provide a rate increase for specified services, including supported employment services and vouchered community-based services. Existing law suspends the implementation of these rate increases on December 31, 2021, unless the Department of Finance makes a specified determination relating to General Fund revenues and expenditures. This bill would require the department, effective January 1, 2021, and subject to those same conditions, to provide a rate increase to independent living programs, infant development programs, and early start specialized therapeutic services, and would suspend this rate increase on, and delay the suspension described above until, December 31, 2021, unless the Department of Finance makes that specified determination. (6) Executive Order No. N-29-20, signed by the Governor on March 17, 2020, suspended for 90 days, any state law that would have required a redetermination of benefits under various public programs, including the IHSS program and the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants, for an individual eligible for benefits on the date the executive order was signed. This bill would make a specified exception for reassessments under the IHSS program that were due between the issuance of the executive order and June 30, 2020, but not completed due to the waiver authority, and would provide for the authorization of those reassessments to be conducted remotely using telehealth. For the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants, the bill would provide for the authorization of eligibility interviews to be conducted electronically, as specified. The bill would repeal those provisions on January 1, 2024. (7) Existing law requires, until January 1, 2021, the State Department of Developmental Services to implement a pilot project using community placement plan funds, as appropriated in the State Department of Developmental Services' annual budget, to test the effectiveness of providing enhanced behavioral supports in homelike community settings. Among other things, the pilot project authorizes an enhanced behavioral supports home using delayed egress devices to also utilize secured perimeters, but limits the number of these homes using delayed egress devices in combination with a secured perimeter that may be certified during the pilot program to 6. Existing law, until January 1, 2021, requires these homes to be licensed pursuant to the California Community Care Facilities Act by the State Department of Developmental Services and certified by the State Department of Social Services. The act defines an "enhanced behavioral supports home," as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. A violation of the act is a misdemeanor. This bill would make the licensing, regulation, and other requirements for enhanced behavioral supports homes operative statewide, indefinitely. The bill would also increase the number of homes using delayed egress devices in combination with a secured perimeter that may be certified to 11. By extending the operative date of crimes, the bill would impose a state-mandated local program. (8) Existing law imposes a statewide maximum of 150 beds permitted in various types of facilities for persons with developmental disabilities that utilize delayed egress devices in combination with secured perimeters. This bill would increase the maximum number of beds in those facilities to 174. (9) Existing law establishes a process for diversion of a defendant in a criminal proceeding for an offense that is charged as, or reduced to, a misdemeanor, if the defendant has been evaluated by a regional center to have a cognitive developmental disability, as defined, the court determines from reports from the regional center, the prosecutor, and the probation department that diversion is acceptable, and the defendant consents to diversion. Existing law excludes persons who have been previously diverted from participating in the program. This bill, commencing January 1, 2021, would revise those provisions to refer instead to "developmental disability," which would mean a disability as defined in the Lanterman Developmental Disabilities Services Act and for which a regional center finds eligibility for services under the act, and would expand the offenses to which the diversion program would apply to include any misdemeanor or felony offense, with specified exceptions. The bill would specify circumstances when a court may hold a hearing to reinstitute diverted criminal proceedings, based on subsequent actions of the defendant. By expanding the availability of a program that provides for services by local probation offices, the bill would impose a state-mandated local program. (10) Existing law vests in the State Department of Developmental Services jurisdiction over various state hospitals, referred to as developmental centers, for the provision of care to persons with developmental disabilities. Existing law authorizes the State Department of Developmental Services to admit an adult committed by a court to the Porterville Developmental Center secure treatment program if the adult is a defendant found mentally incompetent to stand trial, or is a person with a developmental disability, found to be a danger to self or others as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial. Existing law also requires other conditions to be met for admittance to that secure treatment facility, including that the population of the secure treatment facility is no more than 211 persons. This bill would, until June 30, 2023, increase the maximum population of the secure treatment facility at Porterville Developmental Center to 231. (11) The Budget Act of 2020 makes appropriations for the support of state government for the 2020-21 fiscal year, including funding to the California Department of Aging and the State Department of Social Services. This bill would suspend $17,500,000 of that funding appropriated to the California Department of Aging for the Senior Nutrition Program on December 31, 2021, unless specified conditions are met. The bill would suspend funding appropriated to the State Department of Social Services for the Emergency Child Care Bridge Program, unless specified conditions apply, and would declare the intent of the Legislature to consider alternatives to restore the Emergency Child Care Bridge Program if the suspension takes effect. (12) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. (13) 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. (14) The bill would appropriate $234,000 from the General Fund to the State Department of Developmental Services for the purposes of carrying out provisions of the bill, as specified. (15) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill status
signed
all 5 stages cleared
Introduction
Dec 2018
Committee Review
Jun 2020
Assembly Passage
Apr 2019
Senate Passage
Jun 2020
Signed into Law
Jun 2020
Introduced Dec 3, 2018
Signed Jun 29, 2020
Floor votes · Senate Jun 25, 2020 · Assembly Apr 11, 2019
How they voted
26–9
Passed
Total votes 35
Jun 25, 2020
D
Democratic26
100% Yea
R
Republican9
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
10
Committee
9
Amendments
2
Jun 29, 2020
Signed into law
Approved by the Governor.
legislature
Jun 26, 2020
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 4957.).
lower
Jun 25, 2020
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 27 pursuant to Assembly Rule 77.
lower
Jun 25, 2020
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 11. Page 3850.).
upper
Jun 24, 2020
Upper · Passed
From committee: Do pass. (Ayes 13. Noes 5.) (June 24).
upper
Jun 26, 2019
Committee
Re-referred to Com. on B. & F.R.
upper
Jun 19, 2019
Upper · Passed
From committee: Do pass. (Ayes 13. Noes 0.) (June 19).
upper
Jun 17, 2019
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 12, 2019
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 10, 2019
Upper · Passed
In committee: Hearing postponed by committee.
upper
Apr 24, 2019
Committee
Referred to Com. on B. & F.R.
upper
Apr 11, 2019
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 13. Page 1167.)
lower
Jan 24, 2019
Committee
Referred to Com. on BUDGET.
lower
Dec 4, 2018
Lower · Passed
From printer. May be heard in committee January 3.
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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