Sen. Sabrina Cervantes

Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law vests in the Department of Rehabilitation the responsibility and authority for the encouragement of the planning, development, and funding of independent living centers, which are private, nonprofit organizations that provide specified services to individuals with disabilities, in order to assist those individuals in their attempts to live fuller and freer lives outside institutions. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that Medi-Cal long-term services and supports, including In-Home Supportive Services (IHSS) , Community-Based Adult Services (CBAS) , Multipurpose Senior Services Program (MSSP) services, and certain skilled nursing facility and subacute care services, shall be covered services by a specified date under managed care health plan contracts for beneficiaries residing in counties participating in the Coordinated Care Initiative. This bill would, contingent upon the appropriation of funds for that purpose by the Legislature, establish the Aging and Disability Resource Connection (ADRC) program, to be administered by the California Department of Aging, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. The bill would specify the services offered by, and responsibilities of, an ADRC program, including providing short-term service coordination and transition services, as specified.

Existing law establishes a statewide system of courts with a superior court of one or more judges in each county. Existing law authorizes the Judicial Council to prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure. This bill would require the Judicial Council, if certain funding is provided, to report to the Legislature, on or before June 1, 2020, on a study of veterans and veterans treatment courts that includes a statewide assessment, as specified, of veterans treatment courts currently in operation and a survey of counties that do not operate veterans treatment courts that identifies barriers to program implementation and assesses the need for veterans treatment courts in those counties. The bill would repeal these provisions on January 1, 2021.

Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including skilled nursing facilities and intermediate care facilities. A violation of these provisions is a crime. Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, imposes various requirements on long-term health care facilities, as defined, and prescribes the civil penalties assessed for a violation of those requirements. Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Under existing law, a person who violates the act, or who willfully or repeatedly violates any rule or regulation adopted under the act, is guilty of a misdemeanor. Existing law also provides for civil penalties for a violation of the act. Existing law, the California Fair Employment and Housing Act, makes it unlawful to discriminate against any person in any housing accommodation on the basis of, among others, sex, gender, gender identity, gender expression, or sexual orientation. This bill would enact the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents' Bill of Rights. Among other things, the bill would make it unlawful, except as specified, for any long-term care facility to take specified actions wholly or partially on the basis of a person's actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status, including, among others, willfully and repeatedly failing to use a resident's preferred name or pronouns after being clearly informed of the preferred name or pronouns, or denying admission to a long-term care facility, transferring or refusing to transfer a resident within a facility or to another facility, or discharging or evicting a resident from a facility. The bill would also provide certain protections to all residents of long-term care facilities during, among other things, physical examinations or treatments, relating to bodily privacy. The bill would define long-term care facility for purposes of these provisions to include skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly. The bill would also, among other things, require each facility to post a specified notice regarding discrimination alongside its current nondiscrimination policy in all places and on all materials where the nondiscrimination policy is posted. The bill would require a violation of these provisions to be treated as a violation under the Long-Term Care, Health, Safety, and Security Act of 1973, the California Residential Care Facilities for the Elderly Act, or specified provisions providing for the licensure and regulation of health facilities, which may include the imposition of civil penalties. By expanding the definition of existing crimes, 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.

Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. This bill would require the commission to grant or deny a completed application for a credential within 7 days of the date that the commission received the application if the applicant supplies the commission with evidence that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders and holds a valid teaching credential in another state, district, or territory of the United States. The bill would exempt an application subject to a designated fitness review from this requirement.

Existing law establishes the Department of Veterans Affairs. Among other duties, the department is authorized to assist every veteran of any war of the United States and the dependent or survivor of every veteran in presenting and pursuing claims against the United States that the veteran may have arising from war service and in establishing the veteran's or dependent's right to privilege, preference, care, or compensation as provided for by federal or state law, as specified. Existing law also authorizes the board of supervisors of a county to grant financial assistance, relief, and support to indigent veterans. Existing law requires an organization desiring to assist indigent veterans to first file with the board of supervisors of the county in which it is operating or intending to operate a verified statement setting forth specified information regarding the organization, including its financial condition. This bill would establish a competitive grant program, to be administered by the department with existing funds, as defined, for purposes of awarding grant moneys to certified California veteran service providers for purposes of providing supportive services that improve the quality of life for veterans and their families, as specified. The bill would authorize the department to enter into memoranda of understanding with other state departments and agencies to implement these provisions. The bill would require competitive grants to be awarded in support of the state's strategic plan for providing veterans with transition assistance. The bill would require the department to adopt regulations to implement the program and to define criteria for supporting the state's strategic plan. This bill would establish a certification process for California veteran service providers, as defined, applying for the competitive grants. The bill would require an applicant for certification to provide specified information to the department upon application and, after certification, on request and reasonable notice by the department.

This measure would recognize September 11, 2017, as a day of solemn commemoration and extend the Legislature's deepest sympathies to the victims of the September 11, 2001 attacks.

This measure would recognize the importance of civic engagement across the State of California.

Existing law requires every law enforcement agency to develop, adopt, and implement written policies and standards for officers' responses to domestic violence calls. Existing law requires these policies to include specific standards for furnishing written notice to victims at the scene, including, among other things, information about the victim's rights. This bill would additionally require that information to include a statement informing the victim that strangulation may cause internal injuries and encouraging the victim to seek medical attention. Existing law requires each law enforcement agency to develop a system for recording all domestic violence-related calls for assistance, including whether weapons are involved, to compile the total number of domestic violence calls received and the numbers of those cases involving weapons, and to report that information annually to the Governor, the Legislature, and the public, as specified. This bill would, in addition to the information about whether weapons are involved, require this information to include whether the incident involved strangulation or suffocation. Existing law requires each law enforcement agency to develop an incident report form that includes a domestic violence identification code, and requires that incident report form to include specified information. This bill would require that incident report form to additionally include whether there were indications that the incident involved strangulation or suffocation, as specified. By imposing additional duties on local law enforcement agencies, this bill would create 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 the statutory provisions noted above.

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 his or her parents or guardian, and establishes procedures to determine the temporary and permanent placement of a dependent child. Whenever a court orders a hearing to terminate parental rights to, or to establish legal guardianship of, a dependent child to be held, existing law requires the court to direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment and requires this assessment to include, among other things, a preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, as specified. Existing law authorizes the court under specified circumstances to hold a hearing to determine whether parental rights should be permanently terminated, and requires the court, after reviewing the assessment described above, to make findings and orders in a specified order of preference regarding the permanent placement of the child, including appointment of a relative or nonrelative legal guardian. If the court finds that legal guardianship is the appropriate permanent plan, existing law requires the court to appoint the legal guardian and issue letters of guardianship. Existing law requires the court, prior to the appointment of a guardian for the child, to read and consider the assessment described above. This bill would authorize the assessment of a legal guardian described above to also include the naming of a prospective successor guardian if one is identified. The bill, in the event of the incapacity or death of an appointed guardian, would authorize the named successor guardian to be assessed and appointed pursuant to the existing procedures that govern the appointment of a legal guardian. This bill would incorporate additional changes to Section 366.26 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.

This measure would proclaim the month of September 2017 as Childhood Cancer Awareness Month, and state the commitment of the Legislature to support efforts to find cures for, and achieve prevention of, childhood cancer.