text:
(a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board and the Treasurer for implementation of the program.

(b) (1) The Treasurer may do both of the following:

(A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code.

(B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.

(2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.

(c) (1) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts. The amount of these deposits shall be determined by the HOPE Trust Account Program Board and may increase over time to address increased costs of living or research that suggests that the goals of the program are better met with larger deposits.

(2) With the approval of the HOPE Trust Account Program Board, the Treasurer may accept contributions of funds to existing trust accounts and the creation of new trust accounts from any federal, state, local, or philanthropic source to increase the amount of individual trust accounts for youth eligible pursuant to this chapter or to expand youth eligible for the program. These funds may target a subpopulation of youth or youth within a specific geographic region.

(d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account Program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the board’s administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairperson’s designee.

(e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account.

(f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter:

(1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter.

(2) It shall not be pledged as collateral for any loan.

(3) It may be subject to a lien or levy.

history: (History: Amended by Stats. 2024, Ch. 1010, Sec. 9. (SB 242) Effective January 1, 2025.)


kind: section

code: WIC

text:
(a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts.

(b) The advisory workgroup shall invite participation in the workgroup from the following entities:

(1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation.

(2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching.

(3) Representatives of county human services agencies.

(4) The exclusive representatives of county child welfare workers.

(5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members.

(6) Representatives of the foster youth advocacy community with personal experience in the foster system.

(c) The workgroup shall specifically focus on, but need not be limited to, all of the following:

(1) Who is included as an “eligible child” and “eligible youth” under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year.

(2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter.

(3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth.

(4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return.

(5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes.

(6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available.

(7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators.

(8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup.

(9) Timelines for implementation of this chapter.

(d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations.

history: (History: Added by Stats. 2022, Ch. 569, Sec. 57. (AB 156) Effective September 27, 2022.)

division: 9. PUBLIC SOCIAL SERVICES

path: 9. PUBLIC SOCIAL SERVICES > 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act


text:
On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following:

(a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity.

(b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts.

(c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program.

(d) Further statutory and budget allocations.

chapter: 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act


text:
(a) (1) Notwithstanding any other law, and to the extent permitted by federal law, funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter shall not be considered as income or assets when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, CalFresh, General Assistance, Medi-Cal, Kinship Guardianship Assistance Payment (Kin-GAP), or Adoption Assistance Program (AAP), and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California or California State University, until an eligible youth withdraws or transfers the funds from the HOPE trust fund account, at which point, the distribution of the funds shall be considered a lump-sum payment and the balance shall be counted to any extent that the balance of any savings account is counted as income or an asset in a program.

(2) To the extent permitted by federal statute, a one-time lump sum withdrawal made from a HOPE trust account shall be considered as exempt property for all programs established under this code.

(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted.

(c) This section shall become operative on July 1, 2025, or on the date that the department notifies the Legislature of either of the following, whichever is later:

(1) The Statewide Automated Welfare System can perform the necessary automation to implement this section.

(2) The California Automated Response and Engagement System (CARES) can perform the necessary automation to implement this section.

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 10. (SB 242) Effective January 1, 2025. Conditionally operative on or after July 1, 2025, by its own provisions.)


text:
(a) The Treasurer shall, in consultation with the board, design and disseminate information for parents, Indian custodians, and legal guardians of children and youth who are potentially eligible for the HOPE Trust Account Program to facilitate their enrollment in the program and the transfer of funds.

(b) The information disseminated pursuant to this section shall include, but not be limited to, all of the following:

(1) The mechanics of how appropriations are made to the account and how to track the balance of the account.

(2) The process and timeline for withdrawing the funds from a HOPE trust account.

(3) The process and timeline for transferring the funds to an ABLE account, as defined in Section 4875, an account opened under the CalSavers Retirement Savings Program pursuant to Title 21 (commencing with Section 100000) of the Government Code, or an account opened under the California Kids Investment and Development Savings Program pursuant to Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code.

(4) How to obtain additional information on the program.

(c) The information disseminated pursuant to this section shall include a method for the parent, Indian custodian, or legal guardian of an eligible child or an eligible youth to acknowledge that they have read all of the disclosures and understand their content.

(d) The information disseminated pursuant to this section with the disclosure form shall be made available to parents, Indian custodians, or legal guardians of eligible children and to eligible youth by the program and supplied to all parents, Indian custodians, or legal guardians of eligible children and to eligible youth gaining access to their HOPE trust account.

(e) The information disseminated pursuant to this section with the disclosure form shall be supplied to parents, Indian custodians, or legal guardians of eligible children and to eligible youth when the program is initially launched.

(f) If the Treasurer deems it necessary, the Treasurer may establish an enrollment period for eligible children who are not automatically enrolled, if this information is provided in the information disseminated pursuant to this section.

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 11. (SB 242) Effective January 1, 2025.)


text:
(a) It is the intent of the Legislature that all eligible children will be automatically enrolled for a HOPE trust account to the extent possible. To achieve this goal, the Treasurer shall do both of the following:

(1) (A) Collaborate with the State Department of Social Services pursuant to a data-sharing agreement, and any other relevant governmental agencies or departments, to gather data to maximize participation in the HOPE Trust Account Program for eligible children and youth. For purposes of this subdivision, the information received by the Treasurer shall only be utilized to the extent allowable by federal and state law, regulation, and guidance and only for the purposes of facilitating enrollment in the HOPE Trust Account Program.

(B) Notwithstanding Sections 827 and 10850, the State Department of Social Services shall provide the Treasurer with information necessary to verify foster care status for the sole purpose of determining eligibility for a HOPE trust account.

(C) This paragraph shall be implemented only to the extent permitted by federal law.

(D) The State Department of Social Services shall seek any federal approvals that it deems necessary to implement this paragraph.

(2) Collaborate with the State Department of Public Health, and any other relevant governmental agencies or research institutions, to identify parents, Indian custodians, or legal guardians of children who have lost a parent, Indian custodian, or legal guardian as a result of a COVID-19-related death for the purpose of conducting outreach to those families about the HOPE Trust Account Program.

(b) The Treasurer shall comply with federal and state laws to protect individual privacy, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).

(c) Notwithstanding any other law, individual records or source data associated with the establishment of a HOPE trust account pursuant to this chapter shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(d) Notwithstanding any other law, the Treasurer may share HOPE trust account data with the United States Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation (ASPE), and California research institutes supported by ASPE, including, but not limited to, the Center for Poverty and Inequality Research at the University of California, Davis, and the Stanford Center on Poverty and Inequality at Stanford University, to conduct and report on research related to the impact of the HOPE trust accounts. The Treasurer may only share data pursuant to this subdivision to the extent that it also complies with federal and state laws to protect individual privacy in accordance with subdivision (b).

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 12. (SB 242) Effective January 1, 2025.)


text:
(a) (1) Except as provided in paragraph (2), a program enrollee who is also an eligible youth may, on and after their 18th birthday, withdraw or transfer funds from their HOPE trust account.

(2) A program enrollee who is a nonminor dependent, as defined in subdivision (v) of Section 11400, may withdraw or transfer funds from their HOPE trust account on and after their 18th birthday, or upon exit from foster care if exiting prior to 21 years of age.

(b) The Treasurer shall assist a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for an ABLE account, as defined in Section 4875, and their parent, Indian custodian, or legal guardian, in transferring funds from their HOPE trust account to the ABLE account.

(c) The Treasurer shall assist eligible youth in transferring funds from their HOPE trust account to an account opened under the CalSavers Retirement Savings Program pursuant to Title 21 (commencing with Section 100000) of the Government Code, an account opened under the California Kids Investment and Development Savings Program pursuant to Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, or an account opened under the CalAccount Program pursuant to Title 21.1 (commencing with Section 100100) of the Government Code, once that other account is established.

(d) The Treasurer shall maintain a publicly available internet website where program enrollees and, as determined appropriate by a policy set by the Treasurer in consultation with the board, their parents, Indian custodians, or legal guardians, may have password-protected online access to view information about the HOPE trust account’s growth and value, and eligible youth may be connected to banking services and financial coaching and financial literacy resources made available through the Department of Financial Protection and Innovation.

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 13. (SB 242) Effective January 1, 2025.)


text:
(a) The Treasurer shall annually submit an audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the program by August 1 to the Governor, the Controller, the California State Auditor, and the Legislature. The annual audited financial report shall be prepared by an independent certified public accountant, and shall include, but not be limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees.

(b) The annual audited financial report shall be supplemented by all of the following information prepared by the Treasurer:

(1) Any studies or evaluations prepared in the preceding year.

(2) A summary of the benefits provided by the program, including the number of participants in the trust.

(3) Any other information that is relevant in order to make a full, fair, and effective disclosure of the operations of the program.

(c) A report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 14. (SB 242) Effective January 1, 2025.)


text: The state shall not have any liability for the payment of the HOPE trust account benefits earned by program participants pursuant to this chapter. The state, and any of the funds of the state, shall have no obligation for payment of the benefits arising from this chapter.

history: (History: Added by Stats. 2024, Ch. 1010, Sec. 15. (SB 242) Effective January 1, 2025.)


text:
(a) Notwithstanding any other law, and to the extent permitted by federal law, funds deposited and investment returns accrued in a 530A account added by Section 70204(c)(1) of Public Law 119-21 shall not be considered as income or assets when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, CalFresh, General Assistance, California Medical Assistance Program (Medi-Cal), Kinship Guardianship Assistance Payment (Kin-GAP), or Adoption Assistance Program (AAP), and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California or California State University, until an account beneficiary withdraws or transfers the funds from the 530A account added by Section 70204(c)(1) of Public Law 119-21, at which point, the distribution of the funds shall be considered a lump-sum payment and the balance shall be counted to any extent that the balance of any savings account is counted as income or an asset in a program.

(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted.

(c) This section shall become operative on July 1, 2026, or on the date that the department notifies the Legislature of either of the following, whichever is later:

(1) The California Statewide Automated Welfare System can perform the necessary automation to implement this section.

(2) The California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement this section.

history: (History: Added by Stats. 2026, Ch. 26, Sec. 38. (AB 152) Effective June 29, 2026. Operative on or after July 1, 2026, as prescribed by its own provisions.)

path: 9. PUBLIC SOCIAL SERVICES > 16.5. Federal Children’s Savings Accounts


text: In enacting this chapter, it is the intent of the Legislature to establish the Housing and Disability Income Advocacy Program under which counties, tribes, or combinations of counties or tribes assist Californians with disabilities who may be experiencing homelessness, to increase participation among individuals who may be eligible for disability benefits programs, including, but not limited to, the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP), the federal Social Security Disability Insurance (SSDI) program, the Cash Assistance Program for Immigrants, and veterans benefits provided under federal law, including disability compensation.

history: (History: Amended by Stats. 2019, Ch. 27, Sec. 126. (SB 80) Effective June 27, 2019.)

path: 9. PUBLIC SOCIAL SERVICES > 17. Housing and Disability Income Advocacy Program


text:
(a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall administer the Housing and Disability Income Advocacy Program to provide state funds to participating counties, tribes, or combinations of counties or tribes for the provision of outreach, case management, and advocacy services to individuals as described in Section 18999. Housing assistance shall also be offered to individuals described in subdivision (b) of Section 18999.2.

(b) Funds appropriated for this chapter shall be awarded to grantees by the department according to criteria developed by the department, in consultation with the County Welfare Directors Association of California, tribes, and advocates for clients, subject to the following restrictions:

(1) State funds appropriated for this chapter shall be used only for the purposes specified in this chapter.

(2) The annual ongoing appropriation of funds for this chapter, subject to an appropriation made by the Legislature, is defined as a twenty-five million dollar ($25,000,000) General Fund appropriation.

(3) A grantee shall, at a minimum, maintain a level of funding for the outreach, active case management, advocacy, and housing assistance services described in this chapter that is at least equal to the total of the amounts expended by the grantee for those services in the 2015–16 fiscal year.

(4) As part of its application to receive state funds under this chapter, a prospective grantee shall identify how it will collaborate locally among, at a minimum, the county departments and tribal entities, as may be appropriate, that are responsible for health, including behavioral health, and human or social services in carrying out the activities required by this chapter. This collaboration shall include, but is not limited to, the sharing of information among these departments or other entities as necessary to carry out the activities required by this chapter.

(c) For purposes of this chapter, “grantee” means a participating county, tribe, or combination of counties or tribes receiving state funds pursuant to this chapter.

(d) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to this section, as amended by Section 3 and added by Section 4 of the act that added subdivision (e), by means of all-county letters or similar instructions from the department that shall have the same force and effect as regulations until regulations are adopted.

(2) The department shall adopt regulations implementing this chapter no later than July 1, 2024.

(e) This section shall become operative on July 1, 2024.

history: (History: Repealed (in Sec. 65) and added by Stats. 2024, Ch. 46, Sec. 66. (AB 161) Effective July 2, 2024. Operative July 1, 2024, by its own provisions.)

chapter: 17. Housing and Disability Income Advocacy Program


text:
(a) (1) A grantee shall provide, or contract for, outreach, active case management, and advocacy services related to all of the following programs, as appropriate:

(A) The Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP).

(B) The federal Social Security Disability Insurance (SSDI) program.

(C) The Cash Assistance Program for Immigrants.

(D) Veterans benefits provided under federal law, including, but not limited to, disability compensation.

(E) Any disability benefits that are not identified in subparagraphs (A) to (D), inclusive, that an individual may be eligible to receive.

(2) The outreach and case management services required by this subdivision shall include, but not be limited to, all of the following:

(A) Receiving referrals.

(B) Conducting outreach, training, and technical assistance.

(C) Providing assessment and screening.

(D) Coordinating record retrieval and other necessary means of documenting disability.

(E) Coordinating the provision of health care, including behavioral health care, for clients, as appropriate.

(3) The advocacy services required by this subdivision, which may be provided though legal representation, shall include, but not be limited to, the following:

(A) Developing and filing competently prepared benefit applications, appeals, reconsiderations, reinstatements, and recertifications.

(B) Coordinating with federal and state offices regarding pending benefit applications, appeals, reconsiderations, reinstatements, and recertifications and advocating on behalf of the client.

(b) A grantee shall use screening tools to identify populations of individuals who are likely to be eligible for the programs listed in subdivision (a), in accordance with the following:

(1) The grantee shall give highest priority to either individuals who are chronically homeless or individuals who are homeless and rely most heavily on government-funded services.

(2) Other populations to be targeted by the program include, but are not limited to, the following:

(A) General assistance or general relief applicants or recipients with disabilities or who are likely to have disabilities and who are homeless or at risk of homelessness, which may include individuals who have not yet received an eviction notice.

(B) Parents who receive CalWORKs or tribal Temporary Aid to Needy Families (tribal TANF) assistance, parents whose children receive CalWORKs or tribal TANF assistance, or children who are recipients of CalWORKs or tribal TANF assistance in families where one or more members has a disability or is likely to have a disability and that are homeless or at risk of homelessness, which may include individuals who have not yet received an eviction notice.

(C) Low-income individuals with disabilities or who are likely to have disabilities who can be diverted from, or who are being discharged from, jails or prisons and who are homeless or at risk of homelessness, which may include individuals who have not yet received an eviction notice.

(D) Low-income veterans with disabilities or who are likely to have disabilities who are homeless or at risk of homelessness, which may include individuals who have not yet received an eviction notice.

(E) Low-income individuals with disabilities or who are likely to have disabilities who are being discharged from hospitals, long-term care facilities, or rehabilitation facilities and who are homeless or at risk of homelessness, which may include individuals who have not yet received an eviction notice.

(c) (1) A grantee, as may be appropriate, may refer an individual to workforce development programs who is not likely to be eligible for the programs listed in subdivision (a) and who may benefit from workforce development programs.

(2) In consultation with an individual who has been served by the Housing and Disability Income Advocacy Program and considering the circumstances of the individual’s disabilities, a grantee may, upon approval or final denial of disability benefits, refer an individual who may benefit from workforce development programs to those programs.

(3) An individual’s participation in a workforce development program pursuant to this subdivision is voluntary.

history: (History: Amended by Stats. 2021, Ch. 85, Sec. 89. (AB 135) Effective July 16, 2021.)


text:
(a) (1) Pursuant to Section 18999.1, a grantee shall offer housing assistance to individuals described in subdivision (b) of Section 18999.2 and shall use funds received under this program to establish or expand programs that provide housing assistance, including interim housing, recuperative care, rental subsidies, or, only when necessary, shelters, for clients receiving services under Section 18999.2 during the clients’ application periods for disability benefits programs described in that section. The grantee shall make a reasonable effort to place a client who receives subsidies in housing that the client can sustain without a subsidy upon approval of disability benefits, or consider providing limited housing assistance until an alternative subsidy, affordable housing voucher, or other sustainable housing option is secured. Upon approval or denial of disability benefits, where needed, case management staff shall assist in developing a transition plan for housing support.

(2) A client’s participation in housing assistance programs or services is voluntary.

(b) To the extent authorized under federal law, a grantee, with the assistance of the department, shall seek reimbursement of funds used for housing assistance, general assistance, or general relief from the federal Commissioner of Social Security pursuant to an interim assistance reimbursement agreement authorized by Section 1631(g) of the federal Social Security Act, and shall expend funds received as reimbursement for housing assistance only on additional housing assistance for clients receiving services under this chapter.

(c) Beginning on July 1, 2025, the requirement to seek reimbursement of funds pursuant to subdivision (b) is waived.

history: (History: Amended by Stats. 2025, Ch. 79, Sec. 35. (SB 119) Effective July 29, 2025.)


text:
(a) A grantee shall report at least annually to the department on its funding of advocacy and outreach programs in the prior year and its use of state funding provided under this chapter, including, to the extent that data is available, all of the following:

(1) The number of clients served in each of the targeted populations described in subdivision (b) of Section 18999.2 and any other populations the grantee chose to target.

(2) The demographics of the clients served, including race or ethnicity, age, and gender.

(3) The number of applications for benefits, and type of benefits, filed with the assistance of the grantee.

(4) The number of applications approved initially, the number approved after reconsideration, the number approved after appeal, and the number not approved, including the average processing time from submission of applications while in the Housing and Disability Income Advocacy Program to final determination.

(5) For applications that were denied, the reason or reasons for denial.

(6) The number of clients who received subsidized housing during their enrollment in the Housing and Disability Advocacy Program.

(7) A description of how housing impacted the clients and the rates of completed applications or approval.

(8) The number of clients who received subsidized housing who maintained that housing during the disability benefits application period.

(9) The percentage of clients approved for disability benefits who retain permanent housing 6 and 12 months after the approval of disability benefits.

(10) The number of individuals eligible to be served by this program but who have not yet received services.

(11) Any additional data requirements established by the department after consultation with the County Welfare Directors Association of California, tribes, and advocates for clients.

(b) The department shall annually inform the Legislature of the implementation progress of the program and make related data available on its internet website. Beginning in 2020, the department shall also submit an annual report, by February 1, to the Legislature, in compliance with Section 9795 of the Government Code, regarding the implementation of the program, including the information reported by participating grantees pursuant to this section.

history: (History: Amended by Stats. 2021, Ch. 85, Sec. 91. (AB 135) Effective July 16, 2021.)


text:
(a) (1) Notwithstanding any other law, a county may establish a homeless adult and family multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care.

(2) If a city within a county that has established a homeless adult and family multidisciplinary personnel team pursuant to this chapter requests to participate in that team, the county shall allow for the participation of appropriate city personnel, as determined by the county, unless the county determines that participation by the city would hinder compliance with the requirements and obligations set forth in this chapter or would otherwise conflict with the county’s goals and objectives.

(b) For the purposes of this section, the following terms have the following meanings:

(1) “Homeless” means any recorded instance of an adult or family self-identifying as homeless within the most recent 12 months, or any element contained in service utilization records indicating that an adult or family experienced homelessness within the most recent 12 months.

(2) “Homeless adult and family multidisciplinary personnel team” means any team of two or more persons who are trained in the identification and treatment of homeless adults and families, and who are qualified to provide a broad range of services related to homelessness. The team may include, but shall not be limited to, all of the following:

(A) Mental health and substance abuse services personnel and practitioners or other trained counseling personnel.

(B) Police officers, probation officers, or other law enforcement agents.

(C) Legal counsel for the adult or family representing them in a criminal matter.

(D) Medical personnel with sufficient training to provide health services.

(E) Social services workers with experience or training in the provision of services to homeless adults or families or funding and eligibility for services.

(F) Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults or families.

(G) Veterans services providers and counselors.

(H) Domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.

(I) Any public or private school teacher, administrative officer, or certified pupil personnel employee.

(J) Housing or homeless services provider agencies and designated personnel.

(3) “Homeless services provider agency” means any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to homeless adults or families. The homeless services provider agencies serving adults or families that may share information under this section include, but are not limited to, all of the following entities or service agencies:

(A) Social services.

(B) Health services.

(C) Mental health services.

(D) Substance abuse services.

(E) Probation.

(F) Law enforcement.

(G) Legal counsel for the adult or family representing them in a criminal matter.

(H) Veterans services and counseling.

(I) Domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.

(J) Schools.

(K) Homeless services.

(L) Housing.

(c) (1) Members of a homeless adult and family multidisciplinary personnel team engaged in the identification, assessment, and linkage of housing and supportive services to homeless adults or families may disclose to, and exchange with, one another, information and writings that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification, reduction, or elimination of homelessness or the provision of services. Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.

(2) Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the homeless adult and family multidisciplinary personnel who are involved in that disclosure or exchange of information.

(3) Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the homeless adult and family multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).

(4) Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individual’s informed consent, in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section.

(d) The homeless adult and family multidisciplinary personnel team may designate persons qualified pursuant to paragraph (2) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).

(e) (1) The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the homeless adult and family multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the homeless adult and family multidisciplinary personnel team, and shall be posted on the county’s internet website on the homepage of the office of homelessness, social services department, or human services agency within 30 days of adoption. Each county shall provide a copy of its protocols to the State Department of Social Services. This subdivision shall not be construed to require the department to review or approve any homeless multidisciplinary personnel team county protocols that it receives.

(2) A protocol developed in a county pursuant to paragraph (1) shall include, but not be limited to, all of the following:

(A) The items of information or data elements that will be shared.

(B) The participating agencies.

(C) A description of how the information shared pursuant to this section will be used by the homeless adult and family multidisciplinary personnel team only for the intended purposes specified in subdivision (a).

(D) The information retention schedule that participating agencies shall follow.

(E) A requirement that no confidential information or writings be disclosed to persons who are not members of the homeless adult and family multidisciplinary personnel team, except to the extent required or permitted under applicable law.

(F) A requirement that participating agencies develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol.

(G) A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies.

(H) A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure.

(I) A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner.

(f) Every member of the homeless adult and family multidisciplinary personnel team who receives information or records regarding adults and families in that member’s capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

(g) This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.

(h) Information and records communicated or provided to the team members by all providers and agencies shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.

history: (History: Amended by Stats. 2019, Ch. 337, Sec. 1. (AB 728) Effective January 1, 2020.)

path: 9. PUBLIC SOCIAL SERVICES > 18. Homeless Multidisciplinary Personnel Team


text:
(a) A homeless adult and family multidisciplinary personnel team established pursuant to Section 18999.8 in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Mateo, Santa Clara, and Ventura may additionally have the goal of facilitating the expedited identification, assessment, and linkage of individuals at risk of homelessness to housing and supportive services within that county, and the goal of facilitating the expedited prevention of homelessness for those individuals.

(b) For the purposes of this section, “individual at risk of homelessness” means an individual who is indigent or receiving or eligible to receive public benefits in the form of cash aid, and who meets both of the following conditions:

(1) The individual experiences either of the following:

(A) Is exiting, or exited within the most recent 12 months, a state-funded or locally funded detention or treatment setting, including, but not limited to, a jail, prison, health facility, mental health facility, or substance use disorder treatment program.

(B) Is aging out, or aged out within the most recent 12 months, of the child welfare system or the juvenile justice system.

(2) The individual presents with, or received services within the most recent 12 months for, significant health, mental health, or substance use issues.

(c) The homeless adult and family multidisciplinary personnel teams described in this section shall also include persons who are trained in the prevention of homelessness.

(d) (1) Members of a homeless adult and family multidisciplinary personnel team engaged in the prevention of homelessness or linkage of housing and supportive services for individuals at risk of homelessness, may disclose to, and exchange with, one another, information and writings that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of individuals at risk of homelessness or the prevention of homelessness or the provision of services.

(2) (A) The multidisciplinary personnel team member who first establishes contact with an individual at risk of homelessness, as defined in subdivision (b), shall notify the individual that the individual’s confidential information may be shared for the purpose of coordinating housing and supportive services to ensure continuity of care and shall attempt to obtain the individual’s consent for that information sharing.

(B) For individuals at risk of homelessness, members of the multidisciplinary personnel team may share with other members of the team confidential information for either of the following purposes:

(i) Identifying individuals at risk of homelessness, unless and until the individual affirmatively opts out of having their information shared.

(ii) Coordinating housing and supportive services to ensure continuity of care for a period not to exceed 30 days from the time a team member first establishes contact with the individual, or unless and until the individual affirmatively opts out of having their information shared, whichever occurs first.

(e) The confidentiality and privacy provisions contained in Section 18999.8 apply to information or writings disclosed, exchanged, or acquired pursuant to this section, and that information and writings shall not be disclosed in violation of existing federal or state privacy laws.

history: (History: Amended by Stats. 2024, Ch. 94, Sec. 1. (AB 1948) Effective January 1, 2025.)

chapter: 18. Homeless Multidisciplinary Personnel Team


text:
(a) The Counties of Yuba and Sutter may establish a joint homeless adult and family multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within either of those counties and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care.

(b) A joint homeless adult and family multidisciplinary personnel team established pursuant to this section shall conform to all requirements and obligations of a homeless adult and family multidisciplinary personnel team established pursuant to Section 18999.8.

(c) The Counties of Yuba and Sutter shall adopt a joint protocol to govern the sharing of information that is in full compliance with the requirements and obligations for protocols developed pursuant to Section 18999.8. A joint protocol adopted pursuant to this subdivision shall be at least as restrictive of the sharing of confidential information as any protocol adopted pursuant to subdivision (e) of Section 18999.8 for the sharing of information by a team comprised solely of members of either county individually.

(d) If a city within the County of Yuba or Sutter requests to participate in a joint multidisciplinary personnel team established pursuant to this section, the counties shall allow for the participation of appropriate city personnel, as determined by the counties, unless the counties determine that participation by the city would hinder compliance with the requirements and obligations set forth in this chapter or would otherwise conflict with the counties’ goals and objectives.

history: (History: Added by Stats. 2020, Ch. 143, Sec. 1. (AB 2174) Effective January 1, 2021.)


text:
(a) The Community Care Expansion Program is hereby established. Under the program, qualified grantees shall administer projects for the acquisition, construction, or rehabilitation of property to be operated as residential adult and senior care facilities, or to promote the sustainability of existing licensed residential adult and senior care facilities through the provision of capitalized operating subsidy reserves.

(b) (1) The department may enter into an agreement with one or more entities to facilitate the grant awards. A contracting entity shall act as a third-party administrator to provide operational services under the contract with the department. The services may include, but are not limited to, all of the following:

(A) Supporting the development of the notice of funding availability.

(B) Developing an online application portal.

(C) Executing contracts.

(D) Processing invoices and making grant payments.

(E) Providing technical assistance via webinars, learning collaboratives, application assistance, and other methods.

(F) Reporting.

(2) Funds appropriated for the purposes of this section shall be awarded, at the discretion of the department, to qualified grantees that include, but are not limited to, counties, tribes, or jointly applying counties and tribes.

(3) Qualified grantees may award grant funds to one or more subgrantees for projects consistent with the requirements of this chapter.

(c) Subject to an appropriation of funds in the annual Budget Act for the following purposes, the department shall award grants for one or both of the following as specified in the annual Budget Act:

(1) To preserve or expand capacity of residential adult and senior care facilities through the acquisition, construction, or rehabilitation of property.

(A) Qualified grantees may also use a portion of grant funds to establish capitalized operating subsidy reserves.

(B) Counties and tribes receiving funds under this paragraph shall provide matching funds or real property.

(C) The department, at its discretion, may award grants in a manner that takes into consideration the prioritization of qualified residents who are experiencing homelessness or who are at risk of homelessness.

(2) To provide capitalized operating subsidy reserves to existing licensed residential adult and senior care facilities that serve at least one qualified resident, in order to avoid the closure of facilities and to increase the acceptance of new qualified residents, consistent with Provision 19 of Item 5180-151-0001 of the Budget Act of 2021 (Ch. 69, Stats. 2021).

(A) The department shall award grants in a manner that prioritizes preserving the placement of qualified residents currently residing within a licensed residential adult or senior care facility that is at risk of closure and facilities with the highest percentage of qualified residents.

(B) As a condition of accepting funds, facilities are required to prioritize applications from prospective qualified residents, including those who are currently or formerly homeless or who are at risk of homelessness.

(C) The department shall report to the Legislature at the midpoint of program implementation and within six months after program completion on outcome monitoring, the use of funds, and the impact on retention of current capacity and additional capacity as a result of receiving operating subsidies. The report shall include data on the capacity of facilities serving individuals with a serious mental illness.

(d) The department shall develop criteria for the program, including, but not limited to, all of the following:

(1) The methodology and distribution of the funds awarded to qualified grantees under paragraphs (1) and (2) of subdivision (c). The department shall consider the distribution of adult and senior care facilities in counties across the state, the share of the latest homeless point-in-time count across the counties, and the relative cost of construction, acquisition, and rehabilitation between counties. The department shall set aside 8 percent of funds for a competitive program for small counties with a population of less than 200,000, and shall redistribute any unexpended funds.

(2) The proportion of funds that may be expended on capitalized operating subsidy reserves pursuant to subparagraph (A) of paragraph (1) of subdivision (c).

(3) Allowable use of funds awarded under paragraphs (1) and (2) of subdivision (c).

(4) Tracking and reporting procedures.

(e) “Qualified resident” for the purpose of this section means applicants or recipients of the Supplementary Security Income/State Supplemental Program (SSI/SSP) pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code and Chapter 3 (commencing with Section 12000), and applicants or recipients the Cash Assistance Program for Immigrants (CAPI) pursuant to Chapter 10.3 (commencing with Section 18937), who need the care and supervision that is provided by the licensed facility that receives the grant. “Qualified resident” shall not include SSI/SSP or CAPI applicants or recipients who are receiving services through a regional center.

(f) “Capitalized operating subsidy reserve” for the purpose of this section means an interest bearing account maintained by the qualified grantee, the residential adult or senior care facility, or a third-party entity and created to cover potential or projected operating deficits on a facility that provides licensed residential care for at least the term of the reserve, as demonstrated by a deed restriction or, at the discretion of the department, a legally enforceable agreement. The department shall develop guidelines on the qualified grantees’ use of capitalized operating subsidy reserves to ensure safeguards for those reserves, based on use in other state programs.

(g) Funds awarded pursuant to this section shall be used to supplement, and not supplant, other funding available from existing local, state, or federal programs or grants with similar purposes.

(h) A qualified grantee or entity operating a program pursuant to this chapter shall be exempt from any data entry or reporting requirements pursuant to Chapter 6.5 (commencing with Section 8255) of Division 8.

(i) Utilizing the funds appropriated for purposes of this section, the department shall, in consultation with legislative staff and relevant stakeholders, enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program, collect data, and provide technical assistance.

(j) For purposes of implementing this section, contracts entered into or amended pursuant to this section shall be exempt from the following:

(1) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code.

(2) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.

(3) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and the State Contracting Manual.

(4) Notwithstanding Section 11546 of the Government Code, from review or approval of any division of the Department of Technology, upon approval from the Department of Finance.

(5) From the review or approval of any division of the Department of General Services.

(k) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this chapter through all-county letters or similar instruction that shall have the same force and effect as regulations.

(l) Any project that receives funds pursuant to this section shall be deemed consistent and in conformity with any applicable local plan, standard, or requirement, and any applicable coastal plan, local or otherwise, shall be allowed as a permitted use, within the zone in which the structure is located, shall not be subject to a conditional use permit, discretionary permit, or any other discretionary reviews or approvals, and shall be deemed as a ministerial action under Section 15268 of Title 14 of the California Code of Regulations.

(m) The state shall be immune from any liability resulting from the implementation of this chapter.

history: (History: Amended by Stats. 2024, Ch. 46, Sec. 68. (AB 161) Effective July 2, 2024.)

chapter: 20. Community Care Expansion Program

path: 9. PUBLIC SOCIAL SERVICES > 20. Community Care Expansion Program


text:
The term “low-rent housing project,” as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to the development of an adult or senior care facility that meets any one of the following criteria:

(a) (1) The development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and (2) not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.

(b) The development is privately owned housing, is not exempt from ad valorem taxation by reason of any public ownership, and is not financed with direct long-term financing from a public body.

(c) The development is intended for owner-occupancy, which may include a limited equity housing cooperative as defined in Section 50076.5 of the Health and Safety Code, or cooperative or condominium ownership, rather than for rental-occupancy.

(d) The development consists of newly constructed, privately owned, one-to-four family dwellings not located on adjoining sites.

(e) The development consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.

(f) The development consists of the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5 of the Health and Safety Code.

(g) The development consists of the acquisition, rehabilitation, reconstruction, improvement, or any combination thereof, of a development which, prior to the date of the transaction to acquire, rehabilitate, reconstruct, improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.

history: (History: Added by Stats. 2021, Ch. 696, Sec. 27. (AB 172) Effective October 8, 2021.)


text:
(a) The Legislature finds and declares as follows:

(1) Work is a valuable and important activity, both for individuals and society, and fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life.

(2) Disability is a natural part of human experience and in no way diminishes the capacity of individuals to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy inclusion and integration in the economic, political, social, cultural, and educational mainstream of society.

(3) As a group, individuals with disabilities experience staggering levels of unemployment and poverty.

(4) Increased employment of, and independent living for, individuals with disabilities can be achieved by providing individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings with reasonable accommodations.

(5) Individuals with disabilities, including individuals with the most significant disabilities, have demonstrated their ability to achieve gainful employment in integrated settings if appropriate services and supports are provided.

(6) The provision of vocational rehabilitation services can enable individuals with disabilities, including individuals with the most significant disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities.

(b) The purpose of this division is to assist the Department of Rehabilitation in operating comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation and independent living that are designed to assess, plan, develop, and provide services for individuals with disabilities, particularly individuals with the most significant disabilities, consistent with their strengths, resources, priorities, concerns, abilities, and capabilities, so that these individuals may prepare for and engage in gainful employment and live more independently.

(c) The Department of Rehabilitation’s vocational rehabilitation and independent living programs shall be consistent with the national policy toward people with disabilities articulated in the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Rehabilitation Act of 1973, as amended.

(d) It shall be the goal of the Department of Rehabilitation to provide individuals with disabilities with the tools necessary to do all of the following:

(1) Make informed choices and decisions.

(2) Maximize employment, independence, and economic and social self-sufficiency in the mainstream of society.

(3) Achieve equality of opportunity and inclusion and integration into all aspects of society.

(e) The Department of Rehabilitation’s vocational rehabilitation and independent living programs, projects, and activities shall be carried out in a manner consistent with the following principles:

(1) Respect for individual dignity, personal responsibility, self-determination, and pursuit of independent living and meaningful careers, based on informed choice of individuals with disabilities.

(2) Respect for the privacy, rights, and equal access of individuals with disabilities, including, but not limited to, the use of accessible formats.

(3) Individuals with disabilities, including individuals with the most significant disabilities, shall be generally presumed to be capable of engaging in gainful employment, and the provision of individualized vocational rehabilitation services can improve their ability to become gainfully employed.

(4) Promotion of independence, inclusion, integration, and full participation of individuals with disabilities.

(5) Individuals with disabilities shall be provided the opportunities to obtain competitive employment in integrated settings.

(6) Individuals with disabilities shall be active participants in their own rehabilitation programs, including, but not limited to, making meaningful and informed choices about the selection of their vocational goals and objectives and the vocational rehabilitation services they receive.

(7) Support for the involvement of a parent, a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs that support.

(8) Individuals with disabilities and their advocates are full partners in the vocational rehabilitation and independent living programs and shall be involved on a regular basis and in a meaningful manner with respect to policy development and implementation.

(9) Qualified vocational rehabilitation counselors, and other qualified personnel facilitate the accomplishment of the employment and independent living goals and objectives of an individual.

(10) Accountability measures must facilitate and not impede the accomplishment of the goals and objectives of the department’s programs, including providing vocational rehabilitation and independent living services to, among others, individuals with the most significant disabilities.

history: (History: Amended by Stats. 2016, Ch. 190, Sec. 2. (AB 2877) Effective January 1, 2017.)

division: 10. STATE DEPARTMENT OF REHABILITATION

chapter: 1. Powers and Duties

path: 10. STATE DEPARTMENT OF REHABILITATION > 1. Powers and Duties


text: There is in the California Health and Human Services Agency the Department of Rehabilitation.

history: (History: Amended by Stats. 2011, Ch. 227, Sec. 102. (AB 1400) Effective January 1, 2012.)


text: The Department of Rehabilitation is under the control of an officer known as the Director of Rehabilitation. As used in this division “department” and “director” refer to the Department of Rehabilitation and the Director of Rehabilitation, respectively, unless the context otherwise requires.

history: (History: Added by Stats. 1969, Ch. 1107.)


text:
The director is appointed by the Governor, subject to confirmation by the Senate, and holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.

Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law.

history: (History: Amended by Stats. 1978, Ch. 432.)


text: The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director and the director is the head of a department within the meaning of the chapter.


text: The department is vested with all necessary powers and authority to cooperate with the government of the United States or any agency or agencies thereof in the administration of any act of Congress and rules and regulations lawfully adopted thereunder relating to individuals with disabilities or their vocational rehabilitation and independent living.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 3. Effective October 8, 1993.)


text: The Department of Rehabilitation is hereby designated as the sole state agency with full power to supervise every phase of the administration of the state plan for vocational rehabilitation services. All decisions affecting eligibility for and the nature and scope of vocational rehabilitation services to be provided will be made by the department through its organizational units.

history: (History: Added by Stats. 1975, Ch. 171.)


text:
(a) The Department of Rehabilitation shall establish a program authorizing rehabilitation professionals serving industrially injured workers under the provisions of Labor Code Section 139.5 to refer clients to the Department of Rehabilitation for federal targeted jobs tax credit eligibility determination. The Department shall set forth the specific requirements, procedures, and eligibility criteria. The Department shall not be required to certify, for purposes of the federal targeted jobs tax credit, industrially injured workers who do not meet the eligibility requirements set forth in the federal Rehabilitation Act.

(b) The Department shall be authorized to collect a fee from the insurer or self-insured employer in the amount necessary to determine eligibility and to certify the industrially injured worker for this program.

history: (History: Added by Stats. 1983, Ch. 1266, Sec. 3.)


text: The department may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, such rules and regulations as may be reasonably necessary to enable it to carry out its duties and powers.


text: The director may, with the approval of the Director of Finance, accept on behalf of, and in the name of, the state such gifts, donations, bequests, and devises as may be made to the department or to any school or other institution administered by the director or the department which in his judgment would be of benefit to the state and, if made to a school or other institution, would be of benefit to the school or other institution. Gifts, donations, bequests, and devises may be made subject to such conditions or restrictions as the director may deem advisable.


text: To the extent resources are available, the department may utilize funds from appropriations by Congress, by gifts, grants, or reimbursements from private or public sources or by state appropriations, or both, or by transfer of funds from other state departments subject to usual budgetary controls for the purpose of establishing and operating rehabilitation programs, including an orientation center for the blind, or of providing vocational rehabilitation or independent living services including related administrative costs, or of cooperating with other public or private agencies for these purposes.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 4. Effective October 8, 1993.)


text:
(a) The department is authorized to solicit and accept gifts, contributions, and grants from any source, public or private, to establish, implement, and maintain an awards program.

(b) (1) There is hereby established the Public Awards Fund, which is continuously appropriated, without regard to fiscal years, for the purpose of this section.

(2) The director may receive contributions pursuant to this section and deposit them in the Public Awards Fund for use pursuant to subdivision (c).

(3) Sections 11005 and 16302 of the Government Code shall not apply to funds under this section.

(c) In order to achieve the public policy of the State of California, as specified in Section 19000, the director may present awards to those employers, architects, clients, ex-clients, Californians with disabilities nominated or selected for the Hall of Fame, and other persons whose superior cooperation and contributions to the employment of persons with disabilities deserve special recognition.

history: (History: Amended by Stats. 2023, Ch. 797, Sec. 7. (AB 248) Effective January 1, 2024.)


text: No period of residence in this state is required for participation in any program administered by the department, except as required by federal law or regulations.


text: No person shall have his or her rehabilitation services reduced due to the receipt of any private grants, scholarships, or awards, provided for the purpose of postsecondary education, except insofar as federal law may require service reductions due to these scholarships, grants, or awards when provided by postsecondary institutions.

history: (History: Added by Stats. 1983, Ch. 282, Sec. 2.)


text: Pursuant to agreements the department shall cooperate with the federal government in carrying out the purposes of any federal statutes pertaining to the purposes of this division and may adopt the methods of administration found necessary by the federal government for the proper and efficient operation of the agreements or plans for vocational rehabilitation and independent living services and may comply with the conditions as may be necessary to secure the full benefits of such federal statutes.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 5. Effective October 8, 1993.)


text: The people of the state accept the provisions and benefits of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and any subsequent amendments thereto.

history: (History: Amended by Stats. 2016, Ch. 190, Sec. 3. (AB 2877) Effective January 1, 2017.)


text: In accepting the provisions and benefits of the act of Congress referred to in Section 19011, the people of the state agree to observe and comply with all of its requirements.


text:
(a) (1) The department may cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this division to individuals with disabilities, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this division, such programs, facilities, and services as may be necessary or desirable.

(2) Cooperation may include contracts and cost-sharing agreements, to the extent permitted by the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and the implementing federal regulations.

(3) Within the scope of the federal Rehabilitation Act, through cooperative agreements with other public agencies, the department shall maximize the resources of each agency to better mutually serve individuals with disabilities through enhanced services. To provide these services, within the provisions of federal law, the department and other agencies shall share facilities, utilize existing eligibility and assessment information, participate in cross-training for agencies participating in cooperative programs, and engage in other cooperative activities to reduce duplication of services and to provide a new enhanced pattern of services for individuals with disabilities.

(b) The department may cooperate with the State Department of Education and with the state public postsecondary education system to provide instruction, individual counseling and guidance, and related rehabilitation services for eligible students with disabilities.

(c) The department may cooperate with school districts, with public secondary schools, and with the state public postsecondary education system to employ personnel to assist in the vocational orientation of students with disabilities.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 7. Effective October 8, 1993.)


text:
(a) In performing any rehabilitative services or in contracting with other public or private agencies for rehabilitative services, the department shall take into consideration the needs of non-English-speaking individuals with disabilities and shall provide language assistance to those individuals participating in the department’s public or private rehabilitation programs.

(b) To the extent funds are available, the department also shall take into consideration the needs of individuals with disabilities who rely on alternate modes of communication, such as manual communication, tactile, oral, and nonverbal communication devices, and shall provide communication assistance to those individuals participating in the department’s programs.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 8. Effective October 8, 1993.)


text: The Department of Rehabilitation and the Division of Labor Standards Enforcement shall formulate a plan of cooperation for the referral and rehabilitation of persons in industry.

history: (History: Amended by Stats. 1979, Ch. 373.)


text: The department may enter into reciprocal agreements with other states to provide for the services authorized by this division to residents of the state concerned.


text: The department may prepare and promulgate regulations and statements of policy governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigation and determination thereof, for vocational rehabilitation services, procedure for fair hearings and such other regulations and policies as are found necessary to carry out the purposes of this division.


text: The department may conduct research and compile statistics relating to the provision of services or the need of services by individuals with disabilities.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 9. Effective October 8, 1993.)


text: Financial need shall be considered in the furnishing or denial of services in accordance with the Federal Vocational Rehabilitation Act and regulations adopted thereunder.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 10. Effective October 8, 1993.)


text:
(a) On and after July 1, 1993, the department shall recommend to each organization or agency, the purpose of which is to provide services to individuals who are blind, that receives grants or contracts from the department, the number of blind members of the board that is appropriate to meet the needs of the community being served by that board.

(b) As used in this section, “blind” means the same as defined in Section 12050 of the Welfare and Institutions Code.

history: (History: Added by Stats. 1992, Ch. 1037, Sec. 1. Effective January 1, 1993.)


text: There is in the department a program manager for the blind and visually impaired and a program manager for the deaf and hard of hearing. The program managers shall, as determined by the director, report to the deputy director of the division established pursuant to Section 19095, and shall assist in the development and coordination of policy with respect to programs for persons who are blind and visually impaired and persons who are deaf and hard of hearing.

history: (History: Amended by Stats. 2002, Ch. 1102, Sec. 3. Effective January 1, 2003.)

chapter: 1.5. Program Managers

path: 10. STATE DEPARTMENT OF REHABILITATION > 1.5. Program Managers


text: The program manager for the blind and visually impaired programs and the program manager for the deaf and hard-of-hearing programs shall have demonstrated experience and sensitivity in working with these disabilities.

history: (History: Amended by Stats. 2002, Ch. 1102, Sec. 4. Effective January 1, 2003.)


text: The provisions of this chapter shall be effective only to the extent permitted under federal law.

history: (History: Added by Stats. 1981, Ch. 871, Sec. 1.)


text: The director shall appoint a Deaf Advisory Committee to advise the director on means to increase employment, enlarge economic opportunities, enhance independence and self-sufficiency, and otherwise improve services to persons who are deaf or hard of hearing. A majority of the committee members shall be deaf or hard of hearing, and other members shall have experience relating to services to the deaf or hard of hearing. The committee shall develop, in conjunction with stakeholders, an annual work plan to identify and address areas for improvement in services provided by the department to persons who are deaf or hard of hearing.

history: (History: Added by Stats. 2002, Ch. 1102, Sec. 5. Effective January 1, 2003.)


text: The Vocational Rehabilitation Federal Fund in the State Treasury is hereby created. All grants of money received by this state from the United States, the expenditure of which is administered under the provisions of Sections 19011 to 19013, inclusive, shall, on order of the State Controller, be deposited in the Vocational Rehabilitation Federal Fund.

history: (History: Added by Stats. 1969, Ch. 1107.)

path: 10. STATE DEPARTMENT OF REHABILITATION > 2. Vocational Rehabilitation Federal Fund


text: The State Treasurer, as required by the federal act relating to vocational rehabilitation referred to in Section 19012 shall receive and provide for the proper custody of all funds apportioned to the state under that act.

chapter: 2. Vocational Rehabilitation Federal Fund


text: The State Treasurer shall also receive and provide for the proper custody of all money appropriated by this chapter (commencing with Section 19075), of all money that may be hereafter appropriated for the purpose of carrying out the provisions of this chapter, and of all money that may be received by the department under the provisions of this chapter.


text: Money in the Vocational Rehabilitation Federal Fund shall be expended as provided by this chapter, as requisitioned by the department in carrying out the provisions of this code and the federal act relating to vocational rehabilitation.


text: All money in the Vocational Rehabilitation Federal Fund is hereby appropriated to the department without regard to fiscal years, for expenditure for the purposes for which the money deposited therein is made available by the United States for expenditure by the state.


text:
The State Controller may approve any general plan whereby:

(a) Any expenditures which are a proper charge against money made available by the United States and deposited in the Vocational Rehabilitation Federal Fund may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered under the provisions of Sections 19010 to 19012, inclusive; and

(b) The General Fund shall be reimbursed for expenditures made therefrom that are a proper charge against the Vocational Rehabilitation Federal Fund.

Such a general plan may provide for advance transfers from the Vocational Rehabilitation Federal Fund to the General Fund, based on estimates of such expenditures that will be subject to reimbursement from the Vocational Rehabilitation Federal Fund pursuant to such plan, and may provide for reimbursements to the Vocational Rehabilitation Federal Fund, when necessary.

Requests for reimbursement or transfer pursuant to such a plan shall be furnished to the State Controller in writing by the department, accompanied by such financial statements as the plan may provide. On order of the State Controller, the required amount shall be transferred in accordance therewith.


text:
(a) Pursuant to federal law, there is a State Rehabilitation Council, that shall advise and assist the director in carrying out the vocational rehabilitation provisions of this division.

(b) The membership of the council shall be appointed by the Governor and shall be composed of the representatives specified in Section 725 of Title 29 of the United States Code.

history: (History: Amended by Stats. 2001, Ch. 193, Sec. 3. Effective January 1, 2002.)


text:
(a) Pursuant to federal law, there is a State Independent Living Council, that shall advise and assist the director in carrying out the independent living provisions of this division and federal law.

(b) The membership of the council shall be appointed by the Governor and shall be composed of the representatives specified in Section 796d of Title 29 of the United States Code.

history: (History: Amended by Stats. 1999, Ch. 147, Sec. 44. Effective July 22, 1999.)


text:
(a) The functions of the State Rehabilitation Council and the State Independent Living Council and terms of appointment of the members thereof shall be governed by Chapter 16 (commencing with Section 701) of Title 29 of the United States Code.

(b) Members of the councils described in subdivision (a) shall be reimbursed for the actual costs of reasonable and necessary expenses, including child care and personal assistance services, incurred when attending council meetings and or performing council duties. In addition, any member who is unemployed or who is required to forfeit wages from other employment shall be compensated one hundred dollars ($100) per day for each day the member is engaged in attending council meetings and or performing duties of the council.

(c) The director, in consultation with the councils, shall provide necessary staff support and assistance for the respective councils to carry out their functions.

history: (History: Amended by Stats. 2001, Ch. 193, Sec. 4. Effective January 1, 2002.)


text:
(a) (1) There is hereby established in the Department of Rehabilitation a Division of Specialized Services for the Blind and Visually Impaired and the Deaf and Hard of Hearing.

(2) For purposes of this chapter “division” means the division established pursuant to paragraph (1).

(b) The purposes of the division shall be as follows:

(1) To assist persons who are blind and visually impaired and deaf and hard of hearing in gaining competitive employment.

(2) To enlarge economic opportunities for persons who are blind or visually impaired and deaf and hard of hearing.

(3) To enhance the independence and self-sufficiency of blind and visually impaired and deaf and hard-of-hearing persons.

history: (History: Added by Stats. 2002, Ch. 1102, Sec. 6. Effective January 1, 2003.)

path: 10. STATE DEPARTMENT OF REHABILITATION > 3. Division of Services for the Blind and Visually Impaired and the Deaf and Hard of Hearing


text:
(a) The division shall be under the direction of a deputy director, who shall be appointed by the Governor.

(b) The deputy director shall have extensive background in, or knowledge of, services to the blind and visually impaired and the deaf and hard of hearing.

(c) The deputy director shall report directly to the directorate of the Department of Rehabilitation and shall be a member of the department’s executive management, taking part in all departmental planning and decisionmaking.

chapter: 3. Division of Services for the Blind and Visually Impaired and the Deaf and Hard of Hearing


text:
(a) Commencing July 1, 2003, the division shall be charged with the administration of the following programs and services:

(1) All staff within the division, including rehabilitation counselors, rehabilitation counselors for the blind, staff of the orientation center, and staff of the business enterprises program.

(2) Orientation centers for the blind, provided for pursuant to Article 1 (commencing with Section 19500) of Chapter 6 of Part 2.

(3) The Business Enterprise Program for the Blind, provided pursuant to Article 5 (commencing with Section 19625) of Chapter 6 of Part 2.

(4) Contracts for services with organizations serving the blind and visually impaired and the deaf and hard of hearing.

(5) Programs for the blind under Subchapter 7 (commencing with Section 796) of Chapter 16 of Title 29 of the United States Code.

(b) The division shall also provide additional rehabilitation services to its blind and visually impaired and deaf and hard-of-hearing clients, to the extent that funds are available.

(c) The program managers shall report to the deputy director of the division established pursuant to this chapter.

(d) The division shall be responsible for administrative functions, including, but not limited to, the following:

(1) Develop, implement, and oversee policies related to blind and visually impaired and deaf and hard-of-hearing consumers, including timely provision of assistive technology services.

(2) Develop and implement mandatory orientation training programs for new rehabilitation counselors for the blind, rehabilitation counselors for the deaf, and counselor teachers.

(3) Develop and implement ongoing mandatory training for rehabilitation supervisors of blind-designated units.

(4) Establish minimum professional competencies for rehabilitation counselors for the blind, rehabilitation counselors for the deaf, and counselor teachers, and provide continuing in-service education to rehabilitation counselors for the blind, rehabilitation counselors for the deaf, and counselor teachers.

(5) Provide support and assistance to field staff on issues related to the cases of blind and visually impaired and deaf and hard-of-hearing consumers.

(6) Provide technical assistance to the department related to the assistive technology needs of blind and visually impaired and deaf and hard-of-hearing employees and consumers.

(7) Establish and maintain within the department’s Internet Web site, a communications system for staff serving blind and visually impaired and deaf and hard-of-hearing consumers for the purpose of sharing resource information, effective practices, and problem solving.

(e) Any program administered in whole or in part by the State Department of Education relative to the transition from school to work for blind and visually impaired and deaf and hard-of-hearing secondary education students shall be conducted in partnership with the division.


text:
(a) Subject to the control of the director, all employees of the department providing services to persons who are blind and visually impaired administered by the division pursuant to this chapter shall be under the exclusive direction and supervision of the deputy director of the division.

(b) The division shall establish criteria and train counselors and supervisors working with persons who are blind and visually impaired and deaf and hard of hearing to ensure they have the specialized knowledge and skills to meet the needs of these persons.


text: The department shall report annually in the fourth quarter of each calendar year to the Blind Advisory Committee on the amount of state and federal funds allocated to direct services governed by this chapter.


text: The Director of Rehabilitation shall, on or before July 1, 2005, and every other year thereafter, report to the Legislature and the Governor on the programs administered by the division. The report shall include statistics on competitive employment placements of persons who are blind or visually impaired.


text: The Director of Rehabilitation shall establish the Blind Advisory Committee to advise the Director of Rehabilitation on means to increase competitive employment, enlarge economic opportunities, enhance independence and self-sufficiency, and otherwise improve services for persons who are blind and visually impaired. A majority of the members shall be blind or visually impaired. Members of the committee who are not blind or visually impaired shall have experience in services to the blind. The committee shall develop, in conjunction with stakeholders, an annual work plan to identify and address areas for improvement in services provided by the division to persons who are blind and visually impaired.


text:
(a) The department shall provide the services defined and authorized by this part to individuals with physical or mental disabilities who are found to be eligible therefor.

(b) To the maximum extent appropriate, and consistent with federal law, existing information available from other programs and providers, particularly information used by education officials and the United States Social Security Administration, and information that can be provided by the individual with a disability or the family of the individual, may be used for purposes of determining eligibility for vocational rehabilitation services and for choosing rehabilitation goals, objectives, and services.

history: (History: Amended by Stats. 1993, Ch. 937, Sec. 14. Effective October 8, 1993.)

chapter: 1. General Provisions

path: 10. STATE DEPARTMENT OF REHABILITATION > 1. General Provisions


text: Pursuant to federal law, the department may conduct an evaluation, when necessary, including, but not limited to, diagnostic and related services, necessary to determine eligibility for vocational rehabilitation services and for choosing rehabilitation goals, objectives, and services.

history: (History: Added by Stats. 1993, Ch. 937, Sec. 14.5. Effective October 8, 1993.)


text: Pursuant to federal law, the department shall establish a priority order to be followed in selecting individuals to whom vocational rehabilitation services will be provided.

history: (History: Added by Stats. 1993, Ch. 937, Sec. 15. Effective October 8, 1993.)


text:
(a) Any individual with a disability, as defined in Section 19151, who requires vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment, is eligible for services under this chapter.

(b) For the purposes of Section 19151, it shall be presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services unless it can be demonstrated by clear and convincing evidence that the individual is incapable of doing so.

(c) Eligibility determinations for vocational rehabilitation services shall be completed within the timeframes specified in federal law and, to the extent possible, shall rely upon the information specified in Section 19100.

history: (History: Added by Stats. 1993, Ch. 937, Sec. 16. Effective October 8, 1993.)


text:
(a) Subject to the limitation of Section 19102 and to the extent federal funds are available, an individualized plan for employment shall be developed for each individual determined to be eligible under this chapter.

(b) The individualized plan for employment shall do all of the following:

(1) Be designed to achieve the employment objective of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual, and, to the maximum extent appropriate, to include placement in integrated settings.

(2) Be jointly developed and agreed upon by the eligible individual, or when appropriate the individual’s parent, family member, guardian, advocate, or authorized representative, and the department. In developing the program, the department shall inform the individual about and involve the individual in choosing among alternative goals, objectives, available services, entities providing the services, and the methods used to provide or procure the services.

(3) Contain all of the information required by federal law and regulations, including a statement of the specific vocational goods and services, as defined in Section 19150, to be provided and the terms and conditions under which available goods and services will be provided, to the extent federal funds are available, to the individual in the most integrated setting.

(4) To the extent possible, utilize the information specified in Section 19100.

history: (History: Amended by Stats. 2016, Ch. 190, Sec. 4. (AB 2877) Effective January 1, 2017.)


text:
(a) For the purpose of ensuring, consistent with federal law, that eligible individuals are given meaningful, informed, and increased choices in the rehabilitation process, identification of all of the following shall occur for each eligible individual with the full participation of that individual:

(1) Possible alternative employment goals and outcomes that are consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual.

(2) The service options that are available to achieve the employment goals and outcomes selected by the individual.

(3) For each service selected by the individual, the entities available to provide those services.

(b) Choices made by the eligible individual in accordance with subdivision (a) shall be incorporated into the individualized plan for employment.

history: (History: Amended by Stats. 2016, Ch. 190, Sec. 5. (AB 2877) Effective January 1, 2017.)