(1) Existing law provides for the out-of-home placement of children who are unable to remain in the custody and care of their parent or parents, and provides for a range of child welfare, foster care, and adoption assistance services for which these children may be eligible. Existing federal law, the Fostering Connections to Success and Increasing Adoptions Act of 2008, revises and expands federal programs and funding for certain foster and adopted children. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including facilities that provide care for foster children, by the State Department of Social Services. A violation of these provisions is a misdemeanor. Existing law authorizes the placement of children with varying designations and varying needs in the same facility under specified circumstances. This bill would extend these provisions to also include nonminor dependents commencing January 1, 2012. The bill would define the term "nonminor dependent" and related terms for purposes of the bill. This bill, commencing no later than July 1, 2012, would require the department, in consultation with specified government and other entities, to revise regulations regarding health and safety standards for licensing foster family homes and community care facilities in which nonminor dependents of the juvenile court are placed under the responsibility of the county welfare or probation department or an Indian tribe that has entered into a specified agreement with the department. Under existing law, the California Community Care Facilities Act does not apply to designated categories of facilities, including, among others, the home of a relative caregiver or nonrelative extended family member of a child placed by a juvenile court, as specified. This bill would include, on and after January 1, 2012, a supervised independent living setting, and a THP-Plus-Foster Care placement, as established by the bill, for a nonminor dependent placed by the juvenile court on the list of facilities to which the act does not apply. The bill would require the department to convene a workgroup to establish a new rate structure for THP-Plus-Foster Care placements, and would require counties to submit to the department a plan setting forth how the county would provide for the THP-Plus-Foster Care program, as specified. By requiring counties to perform additional duties with respect to implementation of the THP-Plus-Foster Care program, this bill would impose a state-mandated local program. (2) Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances. This bill would expand the jurisdiction of the juvenile court, effective January 1, 2012, to include a child who had been previously removed from the custody of his or her parent and placed in foster care, who was also declared a delinquent ward of the court, as specified. The bill would authorize a court to modify an existing order with respect to the delinquent ward under these circumstances and assert dependency jurisdiction, as specified. Existing law authorizes a juvenile court to retain jurisdiction over any person who is found to be a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law places certain minors for whom a guardianship has been established within the jurisdiction of the juvenile court. This bill would expand the court's jurisdiction to include, on and after January 1, 2012, a nonminor dependent who is receiving specified kinship guardian assistance payments. This bill would extend the court's jurisdiction to a ward who has been placed into foster care or a dependent who reaches the age of majority before jurisdiction is terminated until the nonminor reaches 21 years of age. The bill, commencing January 1, 2012, would allow a nonminor who left foster care at or after the age of majority to petition the court to have dependency or delinquency jurisdiction resumed, in accordance with a provision of existing law. The bill would authorize a local entity to obtain specified background information regarding a nonminor who may be placed in a foster care setting with minor dependent children under these circumstances. By making various conforming changes in provisions relating to the duties of local agency employees in dependency and delinquency proceedings, this bill would create a state-mandated local program. (3) Existing law authorizes a social worker to place a child whom the court has ordered to be removed from his or her home into one of 7 designated placements, including the home of a noncustodial parent or the approved home of a relative. This bill would add to this list of approved placements, on and after January 1, 2012, a supervised independent living setting, as defined by the bill, for a nonminor dependent between 18 and 21 years of age. (4) Existing law authorizes a change in the placement of a child on an emergency basis due to the sudden unavailability of a foster caregiver. This bill, on and after January 1, 2012, would require, under these emergency circumstances, when a nonminor dependent is placed in the home of a relative or nonrelative, that the home be approved using the health and safety standards established by the department for the placement of nonminor dependents, as required by the bill. The bill would require the department, in consultation with specified stakeholders, to prepare for the implementation of these provisions by publishing all-county letters or similar instructions from the director, pending the adoption of emergency regulations, as specified. (5) Existing law requires the status of dependent children to be periodically reviewed, and requires the court to consider the safety of the child and make certain determinations. This bill similarly would require a status review for every nonminor dependent who is in foster care to be conducted pursuant to specified provisions. This bill, commencing January 1, 2012, would require the court to ensure that the child's transitional independent living case plan includes a plan for the child to meet one or more criteria that would allow the child to remain a nonminor dependent, and to ensure that the child has been informed of his or her right to seek the termination of dependency jurisdiction. This bill, on and after October 1, 2012, would authorize a court to continue jurisdiction over a nonminor dependent with a permanent plan of long-term foster care, and would designate the responsibilities of the court in this regard. (6) Existing law establishes procedures for a hearing to terminate the court's jurisdiction over a dependent child who has reached the age of majority. This bill would delete the existing hearing procedures as of January 1, 2012, and would set forth revised hearing requirements for determining whether to terminate or continue dependency jurisdiction. The bill would require the court to continue dependency jurisdiction for a child participating in certain educational or vocational activities. This bill would impose various duties on county welfare departments in connection with the hearing process, thereby creating a state-mandated local program. This bill would require a court to authorize a trial period of independence from foster care, as defined, when it terminates dependency jurisdiction over a nonminor dependent youth, as authorized by specified federal law. (7) Existing law requires the State Department of Social Services to develop statewide standards for the Independent Living Program for emancipated foster youth, which is established and funded pursuant to federal law to assist these individuals in making the transition to self-sufficiency. Under existing law, the department is required to develop and adopt emergency regulations that counties are required to meet when administering the program, that are achievable within available resources. This bill would require the department to develop and adopt the Independent Living Program regulations on or before July 1, 2012, and would specify that the regulations be achievable within both available program resources and available federal funds for case management and case plan review provided for in the federal act. The bill would require the department, by a specified date, to review and develop modifications to the Independent Living Program to also serve the needs of nonminor dependent youth, as specified. (8) Existing law prohibits benefits under the CalWORKs program from being paid to or on behalf of any child who has attained 18 years of age, unless the child is engaged in specified educational or training activities. This bill, on and after January 1, 2012, also would authorize a nonminor dependent, as defined, to receive CalWORKs aid, as specified. (9) Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, to retain specified cash resources and still remain eligible to receive public social services. This bill would apply this provision, on and after January 1, 2012, to a current or former dependent child or ward of the court between 18 and 21 years of age, who is participating in a transitional independent living case plan pursuant to the federal act. (10) Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. The program is funded by state and county funding and available federal funds. Existing eligibility requirements for the Kin-GAP Program include a requirement that a child has been living with a relative for at least 12 consecutive months. This bill would reduce the above requirement to 6 months, consistent with federal law. To the extent that this would increase duties of counties administering the Kin-GAP program, this bill would impose a state-mandated local program. This bill would revise the Kin-GAP Program, by repealing the existing program and enacting similar provisions, effective on the date that the Director of Social Services executes a declaration, as required by the bill, declaring that increased federal financial participation in the Emergency Contingency Fund for State TANF Programs is no longer available pursuant to the federal American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5) , or subsequent federal legislation that maintains or extends increased federal financial participation to provide state-funded assistance for youth not eligible under the federally funded program and would require the state to exercise its option under specified federal law to establish a kinship guardianship assistance payment program, with components as set forth in the bill, for youth eligible for federal financial participation. This bill would require, as a condition of receiving payments under the revised Kin-GAP Program provisions, that a county welfare agency, probation department, or Indian tribe, as applicable, negotiate and enter into a written, binding kinship guardianship assistance agreement with the relative guardian of an eligible child, as prescribed. The bill also would specify the state's share of cost for the support and care of children eligible for Kin-GAP benefits. The bill would make related conforming changes. This bill, under the revised Kin-GAP Program provisions, also would require a county, at the time of the annual redetermination of state-funded Kin-GAP benefits, to determine whether a child was receiving federal AFDC-FC benefits before receiving Kin-GAP, while a dependent child or ward of the juvenile court. The bill would require the county to reassign these children to the county social worker for information regarding transition to the federal Kin-GAP program. By increasing county responsibilities, this bill would impose a state-mandated local program. (11) 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. The program is funded by a combination of federal, state, and county funds. Under existing law, AFDC-FC benefits are available, with specified exceptions, on behalf of qualified children under 18 years of age. Existing law requires a county to annually redetermine AFDC-FC eligibility, as specified. This bill would require the department to amend its foster care state plan required under specified federal law, to extend AFDC-FC benefits, commencing January 1, 2012, to specified individuals up to 21 years of age, in accordance with a designated provision of federal law. The bill would repeal the existing annual redetermination requirement. This bill would extend AFDC-FC benefits to nonminor dependents, as specified, on and after January 1, 2012, including revising AFDC-FC rate provisions to apply to these individuals. This bill would require an annual review of a child's or nonminor's payment amount, as specified. The bill also would require a county to contribute to the cost of extending aid to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, and to the cost of providing permanent placement services and administering the AFDC–FC program, as specified. The bill would provide that the county's total contribution for these purposes would not exceed the amount of savings realized by the county as a result of the implementation of the federally funded Kin-GAP Program. By expanding eligibility and duties under the county-administered AFDC-FC program, the bill would impose a state-mandated local program. (12) Under existing law, in order to be eligible for AFDC-FC benefits, a child must be placed in one of 8 designated placements. This bill would add to the eligible AFDC-FC placements, with respect to an otherwise eligible youth over 18 years of age, a supervised independent living setting. By increasing county duties in administering the AFDC-FC program, the bill would impose a state-mandated local program. (13) Under existing law, a minor between 16 and 18 years of age who is eligible for AFDC-FC benefits and who meets other specified requirements is eligible for certain transitional housing placement program services in a participating county. This bill, commencing January 1, 2012, would make a nonminor dependent who is eligible for AFDC-FC benefits also eligible for transitional housing benefits. This bill would revise existing provisions relating to the resolution of certain foster care overpayments to apply to Kin-GAP guardian homes and payments on behalf of nonminor dependents residing in supervised independent living settings. (14) Under existing law, a parent or caretaker relative is ineligible to receive CalWORKs aid when he or she has received aid for a cumulative total of 60 months. Existing law excludes from this calculation months when designated conditions exist. This bill, commencing January 1, 2012, would additionally exclude from the above calculation months when a recipient is a nonminor dependent participating in educational or training activities, as prescribed. Moneys from the General Fund are continuously appropriated to pay for a portion of CalWORKs aid grant costs, and for the state's share of AFDC-FC costs. This bill would provide that no appropriation from the General Fund would be made for the purposes of implementing these provisions. By increasing duties of counties administering the AFDC-FC program, this bill also would impose a state-mandated local program. (15) Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and Supplemental Security Income (SSI) benefits for, among others, blind and disabled children. The act authorizes a person or entity to be appointed as a representative payee for a beneficiary who cannot manage or direct the management of his or her money. Existing law also provides for State Supplemental Payments (SSP) in supplementation of SSI benefits. Existing law, the Foster Care Social Security and Supplemental Security Income Assistance Program, requires the county to apply to be appointed representative payee on behalf of a child beneficiary in its custody when no other appropriate party is available to serve. This bill would additionally require the county, when a child beneficiary reaches 18 years of age and elects to remain in the custody of the county as a nonminor dependent, to provide specified information to the youth regarding the process for becoming his or her own payee, and to assist the youth in this process, unless becoming his or her own payee is not in the youth's best interests, as specified. It would, as part of this process, express the intent of the Legislature that the county ensure that the nonminor receive direct payment of SSI benefits at least one month each year. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for potential eligibility for SSI benefits, as prescribed. Existing law authorizes a county, under certain circumstances, to forgo a youth's federally funded AFDC-FC benefits in the month of application for SSI benefits, and instead to use state resources to fund the placement, in order to ensure that the youth meets all of the SSI eligibility requirements. This bill would establish similar requirements for a county child welfare agency, with respect to a nonminor dependent who has been approved for SSI payments but is receiving an AFDC-FC or Kin-GAP benefit that includes federal financial participation in an amount that exceeds the SSI payment, causing the SSI payment to be placed in suspense. By placing new duties on county child welfare agencies, this bill would impose a state-mandated local program. (16) Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. The AAP provides for the payment by the department and counties, of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the resources of the family to meet those needs. Existing law sets forth eligibility requirements for the AAP, including that a child must be under 18 years of age, or under 21 years of age with a mental or physical disability that warrants continued assistance. This bill would additionally include children under 21 years of age who turned 16 years of age before the adoption assistance agreement became effective, and is involved in designated education or employment activities, or is incapable of engaging in these activities due to a medical condition. Payment of adoption assistance would be available for these individuals commencing January 1, 2012, as long as specified federal funds remain available and the state continues to exercise its option to extend payments up to 21 years of age, pursuant to the federal act. (17) Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services. Under existing law, the term "child welfare services" includes various services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. Existing law establishes the case plan as the foundation and central unifying tool in the provision of child welfare services. This bill would revise the definition of child welfare services to include transitional independent living services, as needed in connection with the provision of other permanent placement services. The bill would revise the requirements for the case plan, effective January 1, 2012, with respect to nonminor dependents, to address the developmental needs of young adults, as specified. The bill would also require the case plan to specify why a group home placement, if made, is necessary for the nonminor dependent's transition to independent living, and would require the nonminor dependent to participate and develop, and to sign, his or her case plan, commencing January 1, 2012. By increasing the duties of counties in preparing case plans, the bill would impose a state-mandated local program. This bill would revise the definition of a whole family foster home, to include a home that provides foster care for a nonminor dependent parent and his or her child, for purposes of the AFDC-FC program. Effective January 1, 2012, the bill would require that the same rate be paid for the care and supervision of the child of a nonminor dependent as is paid for the child of a teen parent in a whole family foster home. The bill would make other provisions applicable to a teen parent, for purposes of the child welfare services program, also applicable to certain nonminor dependents living in a whole family foster home. Existing law limits child welfare services for voluntarily placed children to a period not to exceed 6 consecutive months, as specified. This bill would, instead, limit the services to a period not to exceed 180 days, and would make conforming changes. (18) (A) This bill would incorporate additional changes in Section 11402 of the Welfare and Institutions Code proposed by SB 1214, that would become operative only if SB 1214 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (B) The bill would also incorporate additional changes in Section 16501.1 of the Welfare and Institutions Code proposed by SB 945 and SB 1353, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (19) 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.
Sponsored bills
Existing law authorizes specified local agencies that provide water service to adopt and implement a groundwater management plan. Existing law requires a local agency that elects to develop a groundwater management plan to hold a hearing prior to adopting a resolution of intention to draft a plan and, after the plan is prepared, to hold a 2nd hearing to determine whether to adopt the plan. Existing law requires the local agency to publish a specified notice before each of these hearings. This bill would require the local agency to provide a copy of a resolution of intention to the Department of Water Resources within 30 days of the date of adoption. The bill would require the local agency, upon written request, to provide a copy of the proposed groundwater management plan to an interested person. The bill would require the local agency to provide each of those interested persons with a specified notice at least 30 days prior to the commencement of the 2nd hearing to determine whether to adopt the plan. The bill would require the department to post on its Internet Web site the information the department possesses regarding the local agencies that have jurisdiction to develop groundwater management plans. Existing law requires a local agency seeking specified state funds for certain groundwater projects to include in a groundwater management plan various components, including components relating to the monitoring and management of groundwater levels within the groundwater basin. This bill would specify that the groundwater projects to which these requirements apply include projects that are part of an integrated regional water management program or plan. The bill, commencing January 1, 2012, would additionally require a map identifying the recharge areas, as defined, for the groundwater basin to be included in a groundwater management plan for purposes of the state funding requirements.
(1) Existing law allows for an application authorizing the interception of a wire, electronic pager, or electronic cellular telephone to be made by the Attorney General or a district attorney to a judge of a superior court, as specified. Existing law defines wire communication, electronic pager communication, and electronic cellular telephone communication for these purposes. This bill would delete the references to electronic pager communication and electronic cellular telephone communication and replace those references with references to electronic communication. The bill would define electronic communication as any transfer of signs, signals, writings, images, sounds, data, or intelligence by a wire, radio, electromagnetic, photoelectric, or photo-optical system, with specified exceptions. This bill would thereby authorize the above persons to make an application for an order permitting the interception of electronic communications, as defined. (2) Under existing law an application for a communications interception may be made informally and granted orally if an emergency situation exists, and other factors are present. Existing law conditions the oral grant of the informal application on the filing of a written application for an order within 48 hours of the oral approval. This bill would condition the granting of an oral approval on the filing of a written application by midnight of the second full court day after the oral approval is made. (3) Under existing law an order may not authorize a communications interception for longer than a maximum of 30 days. This bill would provide that the 30 days would not commence until the day of the actual initial interception, or 10 days after the issuance of the order, whichever comes first. (4) Existing law requires an order for a communications interception to require that written reports be made to the judge authorizing the interception, as provided. Existing law requires that a report be filed at least every 6 days until the authorization is terminated. This bill would require the reports to be made every 10 days, commencing with the date of the signing of the order authorizing the interception. (5) This bill would make other conforming and clarifying changes. (6) Existing law specifies obligations for parties applying for and carrying out orders to intercept communication, and makes a violation of these provisions a misdemeanor or felony. This bill would broaden the types of communication to which these crimes would apply. By creating new crimes, this bill would impose a state-mandated local program. (7) 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.
The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of emissions of greenhouse gases and to monitor and enforce compliance with the reporting and verification program, and requires the state board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. The act authorizes the state board to adopt a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to the act, and requires the revenues collected pursuant to that fee to be deposited into the Air Pollution Control Fund and be available, upon appropriation by the Legislature, for purposes of carrying out the act. This bill would establish the California Climate Change Community Benefits Fund, and would require a minimum of 10% of revenues generated for the state each year from the state sale of compliance instruments for market-based compliance mechanisms pursuant to the act, other than revenues collected for administrative purposes, to be deposited into that fund. The moneys in the fund would be used, upon appropriation by the Legislature, in the most impacted and disadvantaged communities, as defined, to fund programs or projects that reduce greenhouse gas emissions or mitigate direct health, or environmental, impacts of climate change through competitive grants, loans, or other funding mechanisms. The Secretary for Environmental Protection would be required to administer moneys appropriated from the fund and would be required to establish criteria and procedures, and meet other requirements in connection with implementation, as provided.
Existing law provides a system of prisons under the Department of Corrections and Rehabilitation to house inmates committed to state prison for felonies. This bill would authorize the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates, pregnant inmates, or inmates who, immediately prior to incarceration, were primary caregivers of dependent children, as defined, who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. The bill would define an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. The bill would authorize the department to enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. The bill would require the department to determine the recidivism rate of each participant in an alternative custody program. The bill would, among other things, provide inmate eligibility criteria, authorize the secretary to prescribe rules and regulations for the program, including imposing certain inmate participation requirements, and authorize certain inmate compliance verification procedures. The bill would make the escape or attempted escape from this program a misdemeanor, thereby creating a state-mandated local program. This bill would incorporate changes made by AB 1369 that would become operative if both bills are enacted and this bill is enacted after AB 1369. 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.
Existing law, the federal Patient Protection and Affordable Care Act, requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and qualified employers, as specified, and meets certain other requirements. Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and the regulation of health insurers by the Department of Insurance. This bill would, contingent on the enactment and operation of AB 1602, establish the California Health Benefit Exchange (the Exchange) within state government. The bill would require the Exchange to be governed by a board composed of the Secretary of California Health and Human Services, or his or her designee, and 4 other members appointed by the Governor and the Legislature in a specified manner and would enact other related provisions with respect to the governance of the Exchange. The bill would also require the board of the exchange, or the California Health and Human Services Agency, if a majority of the board has not been appointed, to apply for and receive federal funds for purposes of establishing the Exchange. The bill would require the Director of the Department of Managed Health Care and the Insurance Commissioner to review an Internet portal developed by the United States Department of Health and Human Services and to jointly develop and maintain an electronic clearinghouse of coverage available in the individual and small employer markets if the federal Internet portal does not adequately achieve certain purposes.
Existing law, the Every Woman Counts program, requires the State Department of Public Health to provide breast cancer and cervical cancer screening services to eligible low-income individuals under a federal grant made under the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program. Funding for these services is provided by a combination of federal and state moneys. Existing law requires these services to be provided at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. The bill would require the department, 90 days prior to making policy changes, to send written notice outlining the proposed changes to contractors providing services pursuant to this program and to notify the Legislature, in writing, if the changes would restrict access or reduce services offered. Existing law establishes the Breast Cancer Fund, which funds various programs through the Breast Cancer Control Program for the detection, treatment, and cure of breast and cervical cancer, as specified. Entities funded by the Breast Cancer Control Program are required to submit a specified report annually to the Legislature. This bill would require that the report be submitted on or before February 1 of each year and would add specified information to that report.
Existing law, the Physician Assistant Practice Act, is administered by the Physician Assistant Committee of the Medical Board of California and provides for the licensure and regulation of physician assistants. Existing law provides that a physician assistant may perform the medical services that are set forth by the regulations of the board when the services are rendered under the supervision of a licensed physician and surgeon. Existing law requires a physician assistant and his or her supervising physician to establish written guidelines for the adequate supervision of the physician assistant. Existing law provides that those requirements may be satisfied by adopting protocols for some or all of the tasks performed by the physician assistant, as specified. This bill would provide that a physician assistant acts as the agent of the supervising physician when performing authorized activities, and would authorize a physician assistant to perform physical examinations and other specified medical services, as defined, and sign and attest to any document evidencing those examinations and other services, as required pursuant to specified provisions of law. The bill would further provide that a delegation of services agreement may authorize a physician assistant to order durable medical equipment and make arrangements with regard to home health services or personal care services. The bill would make conforming changes to provisions in the Education Code and the Public Utilities Code with regard to the performance of those examinations and services and acceptance of those attestations. The bill would also authorize a physician assistant to perform a physical examination that is required for participation in an interscholastic athletic program, as specified.
Existing law generally provides for the confidentiality of juvenile court records and records relating to the administration of public social services. However, records connected to public social services programs are generally permitted to be disclosed for purposes related to the administration of those programs and for other prescribed purposes. Under existing law, counties are authorized to establish multidisciplinary personnel teams trained in the prevention, identification, or treatment of child abuse and neglect cases, or the abuse of elder or dependent persons. Existing law provides, for purposes of the disclosure of information, that the activities of multidisciplinary teams engaged in the prevention, identification, and treatment of child abuse or the abuse of elder or dependent persons are activities performed in the administration of public social services. This bill would recast these provisions to provide that activities of multidisciplinary personnel teams engaged in the prevention, identification, management, or treatment of child abuse or neglect, or the prevention, identification, management, or treatment of the abuse of an elder or dependent person, are activities performed in the administration of public social services. Existing law provides that testimony about discussions relative to the disclosure or exchange of the information or writings during multidisciplinary personnel team meetings is not admissible in any criminal, civil, or juvenile court proceeding. Existing law also 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. This bill would include in the definition of a multidisciplinary personnel team CalWORKs case managers, and social workers with experience or training in child abuse or neglect prevention, identification, management, or treatment. This bill would also include information relevant to the provision of child welfare services, as defined, as information that may be disclosed and exchanged by a multidisciplinary personnel team. Because the California Constitution provides that a statute excluding relevant evidence in a criminal proceeding requires a 23 vote for passage by the Legislature, this bill requires a 23 vote. Existing law permits a county to establish a computerized database system to allow provider agencies, as defined, to share specified information regarding families at risk for child abuse or neglect for the purpose of forming a multidisciplinary personnel team to prevent, identify, manage, or treat child abuse. This bill would require the database to include information about persons living in a child's home and a contact person instead of the employee assigned to the case from a provider agency. This bill would require a county that establishes this database system to install database system controls to monitor system use and to detect any violations of the system controls. This bill would in addition, with respect to the County of Los Angeles, authorize the database to include information about convictions of family members or persons living in the child's home for crimes that involved a child as a victim, as specified. Existing law requires the information obtained pursuant to the computerized database system to be kept confidential and to be used solely for the prevention, identification, management, or treatment of child abuse, child neglect, or both. This bill would permit the information to be used for the provision of child welfare services. This bill would also provide that any person knowingly and intentionally violating the above confidentiality requirements shall be subject to prescribed administrative and civil penalties. Existing law makes all information and records obtained in the course of providing intake assessment and services under statutes relating to services for persons with developmental disabilities and persons with mental illness confidential, and permits disclosure only under prescribed conditions, including, but not limited to, the courts as necessary to the administration of justice. This bill would recast some, but not all, related confidentiality provisions, to provide that the above information, if relevant to the provision of child welfare services, as defined, or the investigation, prevention, identification, management, or treatment of child abuse or neglect, may be disclosed to multidisciplinary personnel teams. This bill would also recast some, but not all, related confidentiality provisions to expressly prohibit this information from being used in a criminal or delinquency proceeding, but that evidence identical to the information contained within the records is admissible if obtained by other means as permitted by law. Existing law permits a psychotherapist, when the psychotherapist opines that a patient presents a serious danger of violence to a reasonably foreseeable victim or victims, to release mental health information or records to that person or persons, and to law enforcement agencies. This bill would recast some, but not all, related confidentiality provisions to permit a psychotherapist to release the information or records to county child welfare agencies. By imposing a higher level of service on local government this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would incorporate changes to Section 18961.5 of the Welfare and Institutions Code made by AB 2229, to become operative only if both this bill and AB 2229 are enacted and become effective on or before January 1, 2011, 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 these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the 3 segments of public postsecondary education in this state. These segments include the California State University, the campuses of which are administered by the Trustees of the California State University, the University of California, which is administered by the Regents of the University of California, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses. Existing law, known as the Donahoe Higher Education Act, authorizes the community colleges to grant associate in arts and associate in science degrees. The act also requires the regents, the trustees, and the board of governors to have as a fundamental policy the maintenance of a healthy and expanded program to increase the number of transfer students from community colleges. This bill would enact the Student Transfer Achievement Reform Act, which, commencing with the 2011–12 academic year, would require a student that receives an associate degree for transfer to be deemed eligible for transfer into a California State University baccalaureate program when the student meets prescribed requirements. The bill would condition a community college district's receipt of state apportionment funds on its development and granting of associate degrees for transfer, unless each of the state's community college districts waives reimbursement for specified state-mandated costs of implementing the bill in accordance with a prescribed procedure. This bill would prohibit a community college district from imposing any requirements, in addition to these requirements, for a student to be eligible for the associate degree for transfer, and would prohibit remedial noncollegiate level coursework from being counted towards the units required for the associate degree for transfer. This bill would require the California State University to guarantee admission with junior status to any community college student who meets the requirements for the associate degree for transfer. This bill would not guarantee a student admission for specified majors or campuses, but would require the California State University to grant a student priority admission to his or her local California State University campus and to a program or major that is similar to his or her community college major or area of emphasis, as determined by the California State University campus to which the student is admitted. This bill would authorize the California State University to require a transferring student to take additional coursework at the California State University in specified circumstances, and would prohibit the California State University from requiring a transferring student to repeat courses that are similar to those taken at the community college that counted towards the units required for the associate degree for transfer. This bill would also require the Legislative Analyst's Office to review and report to specified legislative committees and subcommittees, within a prescribed time period, on specified outcomes and recommendations related to this act. By requiring a community college district to grant the associate degree for transfer in exchange for receipt of state apportionment funds, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.