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Bill results

signed · California · Assembly Sep 27, 2024

AB 598: San Francisco Bay Area Regional Housing Finance Act: regional and county expenditure plans.

Existing law, the San Francisco Bay Area Regional Housing Finance Act, establishes the Bay Area Housing Finance Authority (BAHFA) to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. The act requires the executive board and the authority board of BAHFA to form an advisory committee, as specified, to assist in the development of funding guidelines and overall implementation of the program. The act authorizes the authority to impose various funding mechanisms including a parcel tax and a special tax measured by gross receipts. The act authorizes the authority to issue general obligation bonds secured by the levy of ad valorem property taxes, in accordance with applicable constitutional requirements. The act requires the executive board and BAHFA, in consultation with the advisory committee, to adopt a regional expenditure plan for the use of housing revenue that includes specified information, including a description of any specific project or program proposed to receive funding, as specified. The act requires up to 20% of the revenue received by BAHFA from any of the aforementioned funding mechanisms to be collected by BAHFA for expenditures consistent with the regional expenditure plan adopted, as specified, and to be eligible to be spent in any county in which the funding measure is in effect. This bill would prohibit the regional expenditure plan from rendering projects ineligible for funding based on the presence or absence of any city, county, or city and county land use or housing policies. Notwithstanding that provision, the bill would authorize BAHFA to use project-specific conditions to prioritize projects for funding. The act requires each county to adopt a county expenditure plan that includes specified information, including the proposed share of revenues that will be allocated to the construction of new affordable housing, affordable housing preservation, and tenant protection programs. The act requires at least 80% of the revenue received by BAHFA from any of the aforementioned funding mechanisms to be allocated to the county of origin for expenditure in that county, consistent with the adopted county expenditure plan. This bill would prohibit the authority from imposing any other conditions for a county expenditure plan to be deemed complete to allocate funds. Notwithstanding that provision, the bill would authorize the authority to enter into an agreement with a county or city that receives an allocation of county housing revenue to ensure that the authority or the county, city, or city and county take the actions necessary or incidental to implementing the above-described provisions. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Francisco Bay area.
Buffy Wicks (D)
signed · California · Assembly Sep 27, 2024

AB 3122: Streamlined housing approvals: objective planning standards and subdivision applications.

(1) Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that (1) the locality's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period and (2) the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income. This bill would also include as an objective planning standard that (1) the locality's latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced. Existing law requires a local government or relevant local planning and permitting department if the local government's planning director or equivalent position determines that a housing development project is in conflict with any of the above-described objective planning standards to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units. This bill would also require a local government or relevant local planning and permitting department to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning as described above within 30 days of the submittal of any development proposal that was resubmitted to address written feedback provided by the local government. Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program. Existing law includes as an objective planning standard that the house development and site on which it is located satisfy specified requirements, including that at least 75% of the perimeter of the development site is adjoined with parcels that are developed with urban uses. Existing law defines "urban uses" for purposes of that provision to include any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. This bill would also include within the definition of "urban uses" any current or former public park that is surrounded by other urban uses, and parking lot or structure. (2) Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law exempts from the requirements of CEQA, and requires specified public oversight timelines for, an application for a subdivision pursuant to the Subdivision Map Act that is submitted pursuant to the streamlined, ministerial approval process described above if the development is consistent with specified requirements. In this regard, existing law requires the development to consist of 10 or fewer units and to not be a public work, as specified, and to be consistent with all objective subdivision standards in the local subdivision ordinance. This bill would remove the above-described requirement that the development consists of 10 or fewer units and is not a public work, as specified, and would instead require the development to comply with specified provisions relating to the streamlined, ministerial approval process and to meet at least one of other specified requirements, including that the development has received or will receive financing or funding by means of a low-income housing tax credit. By modifying the duties of a local agency in reviewing applications for a subdivision, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Ash Kalra (D)
signed · California · Assembly Sep 27, 2024

AB 2624: Prisoners: employment: bereavement.

Existing law requires every able-bodied prisoner imprisoned in a state prison to work as many hours of faithful labor in each day and every day during their term of imprisonment as prescribed by the Secretary of the Department of Corrections and Rehabilitation in departmental rules and regulations. This bill would require a person incarcerated in the state prison to be allowed relief with pay from prison employment after the death of an immediate family member of the incarcerated person, as specified, unless the incarcerated person is employed in a position requiring emergency response and there is an exigent circumstance requiring their employment during the requested period, and if so, would require the warden or prison administrator to grant the requested relief as soon as practicable after the exigent circumstance has ended.
Marie Waldron (R)
signed · California · Senate Sep 27, 2024

SB 1210: New housing construction: electrical, gas, sewer, and water service: service connection information.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, sewer system corporations, and water corporations, while local publicly owned utilities, including municipal utility districts, public utility districts, and irrigation districts, are under the direction of their governing boards. This bill would, for new housing construction, require the above-described utilities, on or before January 1, 2026, to publicly post on their internet websites (1) the schedule of estimated fees for typical service connections for each housing development type, including, but not limited to, accessory dwelling unit, mixed-use, multifamily, and single-family developments, except as specified, and (2) the estimated timeframes for completing typical service connections needed for each housing development type, as specified. The bill would exempt from its provisions a utility with fewer than 4,000 service connections that does not establish or maintain an internet website due to a hardship, and would authorize the utility to establish that a hardship exists by annually adopting a resolution that includes detailed findings, as provided. To the extent that this bill would impose new requirements on certain local agencies, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Nancy Skinner (D)
signed · California · Assembly Sep 27, 2024

AB 1284: Tribal ancestral lands and waters: cogovernance and comanagement agreements.

(1) Existing law governs various interactions between the state and federally recognized Native American tribes within the state. Existing law encourages and authorizes all state agencies, as defined, to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes. Existing law provides that the Legislature encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes and to consult with nonfederally recognized tribes and tribal organizations, as appropriate, in order to allow tribal officials the opportunity to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications. Existing law provides that the Legislature encourages the state and its agencies to consult with a federally recognized tribe, at the tribe's request for a government-to-government consultation on a specified agency action, within 60 days of the request. This bill would provide that the Legislature encourages the Natural Resources Agency, and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes. The bill would authorize the Secretary of the Natural Resources Agency or a delegate to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decisionmaking, and partnership in resource management and conservation within a tribe's ancestral lands and waters, and would require the secretary or a delegate to be the signatory for these agreements. The bill would authorize the secretary or a delegate, as provided, and within 90 days of a federally recognized tribe's request, to begin government-to-government negotiations on cogovernance and comanagement agreements with the tribe. (2) Existing law provides that 2 or more public agencies, by agreement, may form a joint powers authority to exercise any power common to the contracting parties, as specified. For purposes of cogovernance and comanagement agreements entered into pursuant to the provisions described in paragraph (1) , this bill would deem powers exercisable by any public agency that is not a federally recognized tribe to be common to a contracting federally recognized tribe.
James Ramos (D) · 1 co-sponsor
signed · California · Assembly Sep 27, 2024

AB 1359: California Environmental Quality Act: geothermal exploratory projects: lead agency.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law requires the delegation to provide that the county complete its lead agency responsibility within 135 days of the receipt of the application for the project. This bill would delete the requirement of the delegation to provide that the county complete its lead agency responsibility within 135 days. The bill would specify, upon the request of an applicant of a geothermal exploratory project, that the county in which the project is located is to assume the responsibilities of a lead agency regardless of whether the county has adopted a geothermal element for its general plan. The bill would require the applicant to make the request to the county and the division. If a county assumes lead agency responsibility for a geothermal exploratory project, the bill would require the county and the division to confer regarding necessary information that should be included in the environmental review for the project to facilitate the division's exercise of its authority as a responsible agency. Because the bill would require a county, upon the request of an applicant, to assume the responsibilities of a lead agency under CEQA, and would, if a county assumes lead agency responsibility, require the county and division to confer, as specified, this bill would impose a state-mandated local program by increasing the duties of a county. 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Diane Papan (D) · 1 co-sponsor
signed · California · Assembly Sep 27, 2024

AB 1205: California State University students: California Promise: Finish in Four and Through in Two.

Existing law establishes the California Promise, which requires at least 20 campuses of the California State University to establish a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within 2 academic years of the student's first year of enrollment to the campus, as provided. Existing law repeals these provisions on January 1, 2026. This bill would rename the California Promise program the Finish in Four and Through in Two program, as provided. The bill would require each campus participating in the Finish in Four and Through in Two program to take specified actions to promote the program. The bill would require the Trustees of the California State University, on or before July 1, 2025, and annually thereafter, until January 1, 2034, to submit a report to the Legislature that includes specified program participation information. The bill would delete an obsolete reporting requirement. The bill would delete the January 1, 2026, program repeal date, thereby extending the program indefinitely.
Rebecca Bauer-Kahan (D) · 1 co-sponsor
signed · California · Assembly Sep 27, 2024

AB 1821: Pupil instruction: course of study: social sciences: treatment of Native Americans.

Existing law requires the adopted course of study for grades 1 to 6, inclusive, and the adopted course of study for grades 7 to 12, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and visual and performing arts, as specified. Existing law requires the Instructional Quality Commission, when the history-social science curriculum framework is next revised, on or after January 1, 2024, to consider providing for inclusion, in that curriculum framework, related evaluation criteria, and accompanying instructional materials, of instruction, among other things, the historical, social, economic, and political contributions of Asian Americans, Native Hawaiians, and Pacific Islanders in the United States. This bill, with respect to the adopted course of study for grades 1 to 6, inclusive, for social sciences, would additionally require instruction that provides a foundation for understanding the Spanish colonization of California and the Gold Rush Era, including the treatment and perspectives of Native Americans during those periods. The bill, with respect to the adopted course of study for grades 7 to 12, inclusive, for social sciences, would require, to the extent instruction is provided on the Spanish colonization of California or the Gold Rush Era, instruction that provides a foundation for understanding the treatment and perspectives of Native Americans during those periods. The bill would require the commission, when the State Board of Education next revises the history-social science curriculum framework or adopts new instructional materials, on or after January 1, 2025, to consider including content on the treatment and perspectives of Native Americans during those periods in that curriculum framework or evaluation criteria for instructional materials. To the extent that this bill would create new duties for local educational agencies or local officials, it would constitute a state-mandated local program. This bill would incorporate additional changes to Section 51210 of the Education Code proposed by AB 2073 to be operative only if this bill and AB 2073 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 51220 of the Education Code proposed by AB 1871 to be operative only if this bill and AB 1871 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 51226.3 of the Education Code proposed by AB 1805 to be operative only if this bill and AB 1805 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
James Ramos (D) · 10 co-sponsors
signed · California · Senate Sep 27, 2024

SB 1295: Automobile insurance: notice of cancellation.

Under existing law, a notice of cancellation of an automobile insurance policy shall not be effective unless mailed or delivered by the insurer to the named insured, lienholder, or additional interest at least 20 days prior to the effective date of cancellation, and at least 10 days' notice of cancellation when the reason for cancellation is for nonpayment of premium. For purposes of this provision, nonpayment of premium means failure of the named insured to discharge when due any of their obligations in connection with the payment of premiums on a policy, or any installment of the premium, as specified. Existing case law requires the 10-day notice period for nonpayment to commence after default. This bill would require that the 10-day notice period for nonpayment commence after nonpayment of premium due by the specified due date and make a cancellation for nonpayment effective, as specified, if the insured has not cured the nonpayment of premium due identified in the notice by the end of the 10-day period.
signed · California · Assembly Sep 27, 2024

AB 1842: Health care coverage: Medication-assisted treatment.

Existing law, the Knox–Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law authorizes health care service plans and health insurers that cover prescription drugs to utilize reasonable medical management practices, including prior authorization and step therapy, consistent with applicable law. This bill would require a group or individual health care service plan or health insurer offering an outpatient prescription drug benefit to provide coverage without prior authorization, step therapy, or utilization review for at least one medication approved by the United States Food and Drug Administration in each of 4 designated categories, including medication for the reversal of opioid overdose, including a naloxone product or another opioid antagonist. Because a willful violation of these provisions by a health care service plan would be a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Eloise Reyes (D) · 1 co-sponsor
signed · California · Senate Sep 27, 2024

SB 1458: The Revised Uniform Fiduciary Access to Digital Assets Act.

Existing law, the Revised Uniform Fiduciary Access to Digital Assets Act, generally authorizes a decedent's fiduciary to access and manage digital assets and electronic communications, as specified. The act authorizes a user, defined to mean a person who has an account with a custodian, to use an online tool to direct the custodian to disclose or not disclose the user's digital assets to a designated recipient, which is defined to mean a person chosen by a user using an online tool to administer digital assets of the user. The act specifies that, if a user has not used an online tool to give that direction, the user may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record to a fiduciary. The act defines "fiduciary" for purposes of the act to mean an original, additional, or successor personal representative or trustee. Under existing law, the act applies in certain situations, including when a fiduciary is acting under a will. This bill would add conservator and agent to the definition of "fiduciary" for purposes of these provisions. The bill would also define "agent," "conservator," "conservatee," and "principal" for purposes of the act. This bill would also make the act applicable if a fiduciary is acting under a power of attorney or to a conservator, as specified. The bill would require a custodian to disclose to an agent the content of electronic communications or the catalogue of electronic communications sent or received by a principal and digital assets, other than the content of electronic communications, as specified. The bill would require a custodian to disclose to a conservator the catalogue of electronic communications sent or received by a conservatee and digital assets, other than the content of electronic communications, as specified. Existing law imposes the legal duties of care, loyalty, and confidentiality on a fiduciary charged with digital assets. Existing law gives a fiduciary specific authorities when acting within the scope of their duties, including making the fiduciary an authorized user of the property of the decedent or settlor, as specified. Existing law authorizes a fiduciary to request that a custodian terminate a user's account and requires that request to include specific information, including a certified copy of the letter of appointment of the representative, a small-estate affidavit, a court order, a certified copy of the trust instrument, or the certification of the trust, as specified. This bill would extend that authority to a fiduciary with respect to the property of a conservatee or principal. The bill would also authorize a fiduciary, or an affiant acting with respect to a deceased user, as specified, to submit a request for termination with a power of attorney. Existing law requires a custodian to comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account within 60 days after the receipt of information, as specified. Existing law specifies that it does not limit a custodian's ability to obtain, or require a fiduciary or designated recipient to obtain, a court order that makes specific findings, including that the account belongs to the decedent, principal, or trustee and that there is sufficient consent from the decedent, principal, or settlor to support the disclosure. This bill would also authorize a custodian to, or require a fiduciary or designated recipient to, obtain a court order that finds that the account belongs to, and that there is sufficient consent from, the conservatee. The bill would also make technical and conforming changes.
Ben Allen (D)
signed · California · Assembly Sep 27, 2024

AB 81: Indian children: child custody proceedings.

(1) Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child's membership or citizenship in the child's Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings. This bill would add to those findings and declarations by stating that the State of California is committed to protecting essential tribal relations by recognizing a tribe's right to protect the health, safety, and welfare of its citizens. The bill would also declare that provisions of the Family Code, Health and Safety Code, Probate Code, and the Welfare and Institutions Code that apply to an Indian child, as defined, are to be collectively known as the California Indian Child Welfare Act. (2) Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law provides various definitions for these purposes, including "Indian child," as provided in the ICWA. This bill would define various terms, including "Indian child," consistent with provisions of the ICWA. The bill would also make conforming changes and cross-references throughout various provisions. (3) Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian. Existing law also requires a court, if removing a child from the parent's, guardian's, or Indian custodian's physical custody, to determine whether the child's placement complies with specified placement preferences for Indian children. Existing law requires, for all youth in foster care, a county social worker to create a case plan within a specified timeframe after the child is introduced into the foster care system. Existing law requires certain assessments to be included within the case plan, including, preplacement assessment of service needs and requires documentation that reasonable efforts have been made to prevent out-of-home placement. This bill would make changes throughout various code sections regarding placement of children to require that any placement of an Indian child complies with specified placement preferences. The bill would require a case plan to include, in the case of an Indian child, that the county welfare agency made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and would require the agency to make active efforts, as defined, to reunite an Indian child with their family. By imposing additional duties on county employees, this bill would impose a state-mandated local program. (4) Existing law imposes a duty to inquire whether a child for whom various juvenile petitions have been filed may be an Indian child beginning with the initial contact of the party reporting child abuse or neglect, as specified. This bill would specify that a county welfare department or county probation department has a duty to inquire whether the child is or may be an Indian child when first contacted regarding a child. The bill would require a court presiding over any juvenile proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, to inquire at the first hearing on a petition whether the child is, or may be, an Indian child, as specified. (5) Existing law permits the participation of child's tribe for a child is who involved in a dependency proceeding, who would be an Indian child except that the child's Indian tribe is not federally recognized. This bill would authorize a tribe described in these provisions to appear remotely. (6) Existing law requires the State Department of Social Services, upon an Indian tribe's request, to enter into an agreement with any Indian tribe, tribal organization, or tribal consortium in this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, as specified. The bill would authorize the State Department of Social Services to establish and administer programs designed to facilitate tribal participation in Indian child custody proceedings. (7) Existing law requires the State Department of Social Services to establish a full-time position to assist counties in complying with the ICWA, including by providing information and support regarding the requirements of laws, regulations, and rules of court in juvenile dependency cases involving a child who is subject to the ICWA. This bill would require the position within the department to assist the department and counties in compliance with the ICWA and would additionally require as part of support, the provision of technical assistance and support regarding state guidance applicable to Indian child custody proceeding and related matters. (8) Under existing law, in an Indian child custody proceeding, when it appears to the court that a parent or Indian custodian desires counsel but is unable to afford and hire counsel, the federal law and regulations authorizing the appointment of counsel applies, as specified. Federal law requires the appointment of counsel for the parent or Indian custodian in any removal, placement, or termination proceeding, in which the court determines the parent or Indian custodian is indigent. This bill would require the court to appoint counsel for the parent or Indian custodian when it appears to the court that a parent or Indian custodian in an Indian child custody proceeding cannot afford to hire counsel and desires to have counsel for the proceedings. (9) Existing law requires a county welfare department to take certain steps before making an emergency placement of a child, including conducting an in-home inspection to assess the safety of the home and ability of the relative or nonrelative extended family member to care for the child's needs. This bill would authorize a federally recognized tribe or tribal organization to approve homes for the purpose of emergency placement of an Indian child, as specified. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (11) This bill would declare that it is to take effect immediately as an urgency statute.
James Ramos (D) · 1 co-sponsor
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