text:
(a) This section shall be known, and may be cited, as the Foster Outreach and Support for Tax Education Readiness (FOSTER) Act.

(b) (1) By no later than July 30, 2026, the department shall issue guidance to county welfare departments and juvenile probation departments with information to support best practices for encouraging nonminor dependents to file state and federal income tax returns and to access the state foster youth tax credit, as described in Section 17052.2 of the Revenue and Taxation Code.

(2) This guidance shall be updated as needed and reissued no less than every two years thereafter.

(3) The guidance issued pursuant to this subdivision shall include, but not be limited to, all of the following:

(A) The eligibility requirements for the foster youth tax credit and the maximum foster youth tax credit available pursuant to Section 17502.2 of the Revenue and Taxation Code.

(B) An advisement of the county responsibilities described in subdivision (c).

(C) Outreach strategies to increase awareness among nonminor dependents and former foster youth about the foster youth tax credit.

(D) Resources from the Internal Revenue Service internet website for identifying local Volunteer Income Tax Assistance providers.

(E) Any promising strategies developed by individual counties to communicate with the eligible population about resources available to assist them with tax filing, including county-hosted workshops for foster youth to educate and assist them with filing their taxes, in partnership with a local Volunteer Income Tax Assistance internet website by the Internal Revenue Service or community-based organizations.

(F) Identification of resources available through nonprofit organizations for improving knowledge about the foster youth tax credit.

(G) Identification of resources available through other state agencies to aid with communication or disseminating the information described in subparagraph (A) and subparagraphs (C) to (F), inclusive.

(c) (1) The county welfare department and juvenile probation department shall annually send by mail to every nonminor dependent information about filing state and federal income tax returns and the foster youth tax credit.

(2) The mailing pursuant to this subdivision shall occur between November 1 and January 31, inclusive, of each year.

(3) The mailing pursuant to this subdivision shall include, but not be limited to, all of the following information:

(A) Eligibility requirements for the foster youth tax credit pursuant to subdivision (c) of Section 17052.2 of the Revenue and Taxation Code.

(B) The maximum amount of the foster youth tax credit for the forthcoming tax season pursuant to paragraph (2) of subdivision (a) of Section 17052.2 of the Revenue and Taxation Code.

(C) An advisement that the nonminor dependent may be eligible for other tax credits, including, but not limited to, state and federal earned income tax credits, the federal Child Tax Credit and state Young Child Tax Credit, the federal Child and Dependent Care Credit and state Child and Dependent Care Expenses Credit, the federal American Opportunity Tax Credit, the federal Lifetime Learning Credit, and the state Renters’ Credit.

(D) The location of and how to set up an appointment with or otherwise receive services from local Volunteer Income Tax Assistance internet websites certified by the Internal Revenue Service within the county where the nonminor dependent resides, or, if none are available, those located in nearby counties, and any workshops, as described in subparagraph (E) of paragraph (3) of subdivision (b).

(E) Resources to assist the nonminor dependent with self-filing federal and state tax returns at no cost.

history: (History: Added by Stats. 2025, Ch. 230, Sec. 1. (SB 624) Effective January 1, 2026.)

article: 2. Powers and Duties


kind: section

code: WIC

text:
(a) Utilizing no more than ten million five hundred thousand dollars ($10,500,000) of the combined one-time funds appropriated in the Budget Act of 2021 and the Budget Act of 2022 for the purposes of the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3), the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3), the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4), and the Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6), the department may contract with one or more vendors for the purpose of establishing a system to collect data and track outcomes, and may, in consultation with the Legislature, the County Welfare Directors Association of California, advocates for clients, and housing and homelessness stakeholders, contract with one or more independent evaluation and research agencies to evaluate the impacts of each of these programs, which may include, but are not limited to, all of the following:

(1) Outcomes for recipients, including achievement of housing stability.

(2) Demographic information about recipients.

(3) The likelihood of future homelessness and housing instability among recipients.

(4) Program costs and benefits.

(b) Program evaluation efforts described in subdivision (a) shall complement evaluation efforts specified in subdivision (g) of Section 15771.

(c) Utilizing no more than ten million five hundred thousand dollars ($10,500,000) of the one-time funds appropriated in the Budget Act of 2021, and no more than ten million five hundred thousand dollars ($10,500,000) of the one-time funds appropriated in the Budget Act of 2022 in a manner consistent with the purpose of this subdivision, for the purposes of the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3), the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3), the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4), and the Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6), the department may, in consultation with the Legislature, County Welfare Directors Association of California, advocates for clients, and housing and homelessness stakeholders, contract with one or more entities to provide technical assistance for each of these programs, which may include, but is not limited to, all of the following:

(1) Implementing and administering programs that incorporate evidence-based and emerging promising practices in homeless assistance and homelessness prevention that support the advancement of racial equity.

(2) Scaling housing navigation and location services.

(3) Coordination and integration between the social services department, homelessness system of care, and health systems.

(4) Streamlining administrative efficiencies.

(5) Data collection and reporting, outcomes monitoring, and continuous quality improvement.

(d) On or before February 1 of each year, the department shall report annually to the Legislature, in accordance with Section 9795 of the Government Code, on all of the following:

(1) Detailed information on the dollar amounts and entities for contracts entered into and other activities funded pursuant to the amounts authorized in subdivisions (a), (b), and (c).

(2) Data regarding implementation for each of the programs specified in subdivision (a), including all of the following:

(A) All actual expenditures against the total appropriations provided, noting funds remaining and expenditure deadlines. If the program is subject to a regional allocation approach, this information shall be provided by region.

(B) For the state as a whole and on a regional basis, the number of requests for service, where available, the number of families or individuals approved to receive program services as applicable to each program, and net expenditures. For the Community Care Expansion Program (Chapter 20 (commencing with Section 18999.97) of Part 6), the department shall report the number of awards funded, the amount of these awards, the number of proposed beds to be expanded through the expansion component of the program, and the number of existing beds to be preserved through the preservation component of the program.

(C) For the state as a whole and on a regional basis, the housing status of families or individuals, as applicable to each program, at exit from the program, including those who exit to permanent housing, temporary housing, homelessness, unknown, or other exit destinations, including institutions, as available by program.

(D) For the state as a whole and on a regional basis, the relevant information reported to the department historically across at least the previous seven fiscal years to ascertain and display trend data reported pursuant to subparagraphs (B) and (C). For programs that have not been operational for at least seven years, the historical information shall be provided for as long as relevant program data was being reported to the department.

(E) Trend information across California, even if informal and by observation, about the increasing or decreasing of housing and homelessness needs for families, adults with disabilities, and older adults.

(e) For purposes of subdivision (d), “regional” and “regional basis” shall, at a minimum, include information about all of the following:

(1) County of Los Angeles.

(2) Bay area: Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma.

(3) Southern California: Counties of Imperial, Orange, Riverside, San Bernardino, San Diego, and Ventura.

(4) San Joaquin Valley: Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare.

(5) Sacramento area: Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba.

(6) Central coast: Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz.

(7) Balance of the state: Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, and Tuolumne.

(f) For purposes of implementing this section, contracts entered into or amended shall be exempt from all of 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 the 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.

(g) (1) If any provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation of, would fail to satisfy, or would create inconsistencies with, program requirements for the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3), the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3), the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4), the Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6), or the Community Care Expansion Program (Chapter 20 (commencing with Section 18999.97) of Part 6), any regulatory or other program requirement set forth by the department may be modified or waived, at the discretion of the department, as necessary to ensure program compatibility or to avoid an unnecessary administrative burden on tribes.

(2) Paragraph (1) shall not be applied or interpreted to permit the modification or waiver of any federal regulation or statute.

(3) 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, interpret, or make specific paragraph (1) without taking any regulatory action.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 34. (AB 120) Effective July 10, 2023.)

division: 9. PUBLIC SOCIAL SERVICES

chapter: 2. State Department of Social Services

article: 2. Powers and Duties

path: 9. PUBLIC SOCIAL SERVICES > 2. State Department of Social Services > 2. Powers and Duties


text:
(a) The Legislature finds and declares that the procedure described in this section is sufficient to meet any applicable due process requirements for the programs described in this section. Furthermore, for the purposes of those programs, it is the intent of the Legislature to promote the fair and expeditious resolution of disputes through the creation of complaint resolution processes and to establish minimum standards for the development of individualized written housing plans.

(b) (1) Counties opting to participate in any of the following programs shall have written program policies and make them available to the public, including on the internet website of the county, and implement and conduct county-level complaint resolution processes according to minimum requirements developed by the department:

(A) The CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3).

(B) The Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3).

(C) The Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4).

(D) The Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6).

(2) The minimum requirements developed by the department pursuant to paragraph (1) shall include all of the following elements:

(A) A statewide standardized notice informing applicants for, and recipients of, the programs of the county-level complaint resolution process and state hearings process pursuant to subdivision (c), including all associated timelines, the right to submit a complaint within 30 calendar days from the date of the county action that gave rise to the complaint, and what constitutes good cause, as defined by future guidance to be developed by the department, for submitting a complaint after 30 calendar days. This information shall be provided in writing at the time of enrollment and discontinuance from the program, and shall meet all language and accessibility requirements, as prescribed by the department. The statewide standardized notice, which may be modified by counties to reflect their county-level complaint resolution process, shall be developed in consultation with stakeholders, including advocates for program applicants and recipients, representatives of labor organizations, the County Welfare Directors Association of California (CWDA), and legislative staff.

(B) An objective decisionmaker who is a neutral person not directly involved in the county action that gave rise to the complaint and who has knowledge of the program’s written policies, the program requirements, and departmental guidance.

(C) The right for any party to the complaint to present information in support of the complaint. Any party to the complaint shall also have the right to request a meeting to present information in person, by phone, or virtually, and to be represented by someone of their choosing. The meeting shall be held within 30 calendar days of receipt of a complaint.

(D) A written decision describing the outcome of the complaint, including information about the complaint, the date of the decision, the basis of the county’s decision, including the relevant policies, laws, and facts, county contact information for any questions about the decision, and notice of the right to appeal the decision to a state hearing pursuant to subdivision (c). The decision shall be issued within the following timelines:

(i) If no meeting is requested, a written decision shall be issued by the county no later than 30 calendar days following receipt of a complaint.

(ii) If a meeting is requested, a written decision shall be issued within 15 working days from the date of the meeting.

(E) Any other criteria or clarifying guidance determined by the department, in collaboration with CWDA, counties, and advocates for program applicants and recipients.

(3) The department shall develop program guidance on a procedure for counties to inform recipients in writing of housing-related services and financial assistance being provided to the recipient, which shall include advance notice when housing-related services or financial assistance will be reduced or discontinued, and which may include electronic copies. This guidance shall include, at a minimum, all of the following elements:

(A) Counties shall provide recipients with an individualized written housing plan that shall meet all of the following requirements:

(i) Be developed by the county in coordination with the recipient, when possible, and consistent with Housing First requirements specified in Section 8255, to meet the recipient’s specified housing-related goals.

(ii) Describe the housing-related services and financial assistance being provided to a recipient and specify the start and expiration dates, as applicable, within the plan.

(iii) Be provided to the recipient upon enrollment and updated when the recipient’s housing-related services or financial assistance change and as specified by the department.

(B) If the recurring housing-related services or financial assistance described in a current written housing plan will be reduced or discontinued before its planned expiration date stated in the plan, the county shall provide the recipient with an updated housing plan before the reduction or discontinuance is effective that explains why the change is being made and when the change will take effect. The updated housing plan shall include accessible and easily understandable information about possible alternative and available housing supports and services.

(C) A formal process for discontinuing a recipient from a program that includes providing the recipient with a written description of the reason for the discontinuance and when it will occur.

(D) The county shall document in an updated written housing plan provided to the recipient when the reduction or discontinuance of housing-related services or financial assistance is a result of the county closing the program, including closure or caseload reduction due to insufficient program funding.

(E) Any other criteria or clarifying guidance determined by the department in collaboration with CWDA, counties, and advocates for program applicants and recipients.

(4) A county participating in a program shall amend existing processes for those programs to satisfy the minimum requirements developed by the department pursuant to this subdivision if the existing processes do not meet the minimum requirements. If the county does not have existing processes for those programs, the county shall adopt processes for those programs that satisfy the minimum requirements developed by the department pursuant to this subdivision.

(c) If a recipient is dissatisfied with a decision issued pursuant to subparagraph (D) of paragraph (2) of subdivision (b), or if the county fails to provide a county complaint process or timely issue a decision as set forth in paragraph (2) of subdivision (b), the recipient shall have the right to file a request within 30 calendar days with the department for a state administrative hearing conducted by an administrative law judge for county actions resulting in a reduction or discontinuance of housing-related services or financial assistance, including discontinuance from a program, subject to all of the following:

(1) (A) An administrative hearing decision may determine that a county action is correct or incorrect.

(B) If a county action for discontinuance from a program is determined incorrect, the decision shall order the county to reenroll the recipient into the program, subject to the availability of funds for that program.

(C) If a county action for reduction or discontinuance of housing-related services or financial assistance is determined incorrect, the decision shall either order the county to continue to provide the housing-related services or financial assistance, as stated in the previous housing plan in effect immediately prior to the proposed county action for reduction or discontinuance of housing-related services or financial assistance that gave rise to the complaint, or order the county to reevaluate the housing-related services or financial assistance provided to the recipient when the previous housing plan no longer suits the needs of the recipient or if the housing-related services or financial assistance is no longer available within the county program, subject to guidance from the department and the availability of funds for that program.

(D) The county shall carry out all orders in accordance with its written policies, the program requirements, and departmental guidance. The county shall notify the recipient and state hearings upon complying with the decision as set forth in Section 22-071.1 (h) and 22-078.2 of Chapter 22-000 of Division 22 of the State Department of Social Services Manual of Policies and Procedures.

(2) (A) An administrative hearing decision may determine that the county failed to provide a county-level complaint resolution process, as required by paragraph (2) of subdivision (b), or that the county failed to issue a timely decision, as required by subparagraph (D) of paragraph (2) of subdivision (b).

(B) If an administrative hearing decision finds that the county failed to issue a timely decision, as required by subparagraph (D) of paragraph (2) of subdivision (b), the decision shall order the county to issue a decision within 15 calendar days.

(C) If an administrative hearing decision finds that the county failed to provide a county-level complaint resolution process, the administrative law judge shall render a decision consistent with this section and guidance issued by the department.

(3) (A) For any program specified under paragraph (1) of subdivision (b), a county shall notify the department in writing at least 30 calendar days in advance of programwide caseload reductions due to insufficient funding, and of any temporary or permanent interruption or end to a program’s services and operations, for any reason, including fully spending the given allocation.

(B) There shall be no right to an administrative hearing for county actions if the county has provided notice to the recipients that their housing-related services or financial assistance will be reduced or discontinued, as set forth in paragraph (3) of subdivision (b), in the following circumstances:

(i) The program under which the recipient is receiving housing-related services or financial assistance has closed or is closing permanently or temporarily, and the county has provided notice to the department, as required by subparagraph (A).

(ii) A county determination to reduce its program caseload due to insufficient funding.

(iii) For temporary program reductions or suspensions to program operations due to unexpected and extenuating circumstances that are publicly disclosed, including on the internet website of the county, and approved by the department.

(4) In the event that program funding is depleted, as defined by department guidance, or the program closes while an administrative hearing is pending, and the administrative law judge is made aware that the funding has been depleted or the program has closed, the matter shall be administratively dismissed without a hearing.

(5) Local assistance funds shall be used to implement this subdivision if an appropriation for administrative resources for the purpose of implementing this subdivision is not provided by the Legislature, subject to all of the following:

(A) The department shall prioritize any available funding for state set asides from local assistance allocations, or other available state administrative funding, such as for evaluation or training, appropriated prior to the Budget Act of 2025 for the purpose of implementing this subdivision.

(B) To the extent additional state operation funds are needed, any local assistance funds specifically set aside for state administrative costs for the program, pursuant to and consistent with Provisions 14, 15, and 16 of Item 5180-151-0001 of the Budget Act of 2025, may be used to implement this subdivision.

(C) During the first fiscal year that this subdivision is implemented, at least nine hundred fifty one thousand dollars ($951,000) in local assistance funds set aside for state administrative costs shall be available for this purpose. The department shall notify CWDA and advocates for program applicants and recipients on any updated estimates for state operations funding needed for implementing this subdivision in a future fiscal year. Any changes to local assistance funds needed for implementing this subdivision in a future fiscal year shall be reported to the Legislature.

(D) Commencing February 1, 2028, and each year thereafter, the department shall report to the Legislature on the counties’ cost of implementing county-level complaint resolution processes and participating in state hearings. The reporting process shall be developed by the department in consultation with CWDA, and shall include, but not be limited to, the number of county-level complaints, the number of state hearing requests, and the number of cases which proceeded to state hearings when available.

(E) Following the first fiscal year of implementation, to the extent state operations funding is needed for continued implementation of this subdivision, and if there is no separate appropriation for administrative purposes, set aside funds from appropriations for the CalWORKs Housing Support Program and Housing and Disability Income Advocacy Program, and, if applicable, future appropriations for the Home Safe Program and Bringing Families Home Program, may be used to implement this subdivision. The total combined amount of these set aside funds to be used for this purpose may not exceed 1 percent of the total combined amount of the appropriated funds for these four programs in a given fiscal year.

(d) (1) The department shall establish criteria for recipients to receive housing-related services and financial assistance pending the resolution of a complaint pursuant to subdivision (b) and a state hearing pursuant to subdivision (c), in consultation with CWDA and advocates for program applicants and recipients.

(2) Assistance pending shall mean the continuation of housing-related services and financial assistance, as described in the recipient’s housing plan that was in effect immediately prior to a proposed county action for reduction or discontinuance of assistance that gave rise to the complaint prior to the expiration of that housing plan.

(3) Financial assistance provided under this subdivision shall include recurring housing-related direct financial assistance provided to, or on behalf of, a recipient, including, but not limited to, rental assistance, utility payments, or other recurring payments consistent with program requirements and departmental guidance.

(4) Housing-related services that may be provided under this subdivision include, but are not limited to, housing navigation, credit repair support, ongoing housing education, case management, and legal services.

(5) The department shall establish criteria for collecting overpayments for financial assistance only, in the event that the county action reducing or discontinuing the financial assistance is determined correct pursuant to subdivision (b) or (c). The criteria, at a minimum, shall include both of the following provisions:

(A) There shall be no collection of overpayments for services rendered.

(B) The county shall waive overpayment collections when the collection will create an exceptional burden to the recipient, and for other good cause, as determined by further guidance issued by the department, in consultation with CWDA and advocates for applicants and recipients.

(e) The department shall issue guidance to counties to implement subdivisions (b), (c) and (d) no later than 18 months after the effective date of this section. The county shall then implement the guidance within six months of the department’s issuance of guidance. The right to file a request for an administrative hearing and the right to receive assistance pending shall become operative on the date the department notifies the Legislature that the department and counties have finalized the implementation of that guidance.

(f) Notwithstanding any other law, the processes described in subdivisions (b) and (c) shall be the sole administrative remedies available to any applicant for, or recipient of, the programs.

(g) 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 written instructions from the department. These all-county letters or similar written instructions shall have the same force and effect as regulations.

(h) The department shall consult with CWDA, counties, and advocates for program applicants and recipients on the development of the processes described in subdivisions (b), (c) and (d).

(i) Subject to paragraph (5) of subdivision (c), funds appropriated for the programs shall be available to the department to administer this section. Funds appropriated for the programs shall also be available to counties participating in those programs to administer this section.

(j) “Program” or “Programs” means the programs described in paragraph (1) of subdivision (b).

history: (History: Added by Stats. 2025, Ch. 107, Sec. 1. (SB 146) Effective September 17, 2025.)

article: 2. Powers and Duties


text: A public agency shall, in implementing programs affected by the act adding this section to the Welfare and Institutions Code, perform program functions exclusively through the use of merit civil service employees of the public agency, except to the extent permitted by provisions of state and federal law governing the affected program that were in effect on August 21, 1996.

history: (History: Added by Stats. 1997, Ch. 270, Sec. 35. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)

article: 2. Powers and Duties


text: The Legislature finds that over 1.5 million persons in California are deaf or are significantly hard of hearing. Basic governmental services are not routinely adapted to meet the communication needs of deaf and hard-of-hearing persons and, therefore, the services they receive may be less than those provided to other persons because of the overwhelming communication problems which exist between service agencies and deaf and hard-of-hearing persons.

history: (History: Amended by Stats. 2016, Ch. 94, Sec. 29. (AB 1709) Effective January 1, 2017.)

path: 9. PUBLIC SOCIAL SERVICES > 2.1. Public Social Services for Deaf Persons


text:
Public social services for the deaf and hard of hearing shall include, but not be limited to, the following services:

(a) Complete communication services through interpreter services by a professional interpreter for the deaf possessing the comprehensive skills certification of the national Registry of Interpreters for the Deaf or the equivalent, teletypewriter relay, and, when necessary, training in communication skills.

(b) Advocacy to ensure deaf and hard-of-hearing persons receive equal access to public and private services.

(c) Job development and job placement.

(d) Information and referral.

(e) Counseling, including peer counseling.

(f) Independent living skills instruction.

(g) Community education about deafness and being hard of hearing.

history: (History: Amended by Stats. 2017, Ch. 561, Sec. 279. (AB 1516) Effective January 1, 2018.)

chapter: 2.1. Public Social Services for Deaf Persons


text: Public social services for the deaf and hard of hearing shall be available in at least three regions throughout the state so that deaf and hard-of-hearing persons are able to secure public social services within a reasonable commuting distance. Deaf and hard-of-hearing persons, residing in urban, suburban, and rural areas, shall be served.

history: (History: Amended by Stats. 2016, Ch. 94, Sec. 31. (AB 1709) Effective January 1, 2017.)


text: Public agencies or private nonprofit corporations or a combination thereof in a region may provide the public social services listed in Section 10621 directly or through agreements with other public agencies or private nonprofit corporations.

history: (History: Added by Stats. 1980, Ch. 1193, Sec. 2.)


text:
(a) The department, with the advice of persons knowledgeable about the provision of public social services to deaf and hard-of-hearing persons, shall establish the criteria for funding public social services for the deaf and hard of hearing.

(b) The criteria shall include, but shall not be limited to, demonstrated need for services, ability to provide services in a deaf or hard-of-hearing person’s preferred mode of communication, ability to secure community support, including written endorsements of local officials and organizations, including organizations of and for the deaf and hard of hearing, and funding from one or more public or private sources. Special consideration shall be given to the extent to which deaf and hard-of-hearing persons are included in the agency’s staff and in the case of a private nonprofit corporation on the board of directors.

history: (History: Amended by Stats. 2016, Ch. 94, Sec. 32. (AB 1709) Effective January 1, 2017.)


text:
The department shall do all of the following:

(a) Determine the number and location of regions of the state providing public social services.

(b) Coordinate the provision of services with the Department of Rehabilitation.

(c) Establish uniform accounting procedures and contracts or grant agreements for use with regard to this chapter.

(d) Promulgate requests for proposals or applications and conduct bidders’ conferences, if applicable.

(e) Establish by regulation the definitions of deafness and significantly hard of hearing.

(f) Conduct a management or fiscal audit of any contract or grant whenever it is necessary for proper supervision of a contract or grant.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 35. (AB 120) Effective July 10, 2023.)


text:
(a) The department shall contract with, or award grants to, public agencies or private nonprofit corporations for purposes of this chapter. Those contracts or grants shall be competitively bid pursuant to a request for proposals or applications, either statewide or by specific region or regions. Each contract or grant shall have a term not to exceed five years. Before the end of each contract or grant term, the department shall conduct a timely competitive request for proposals or applications that allows sufficient time for execution of a subsequent contract or grant to avoid a lapse in services.

(b) Notwithstanding any other law, contracts necessary pursuant to this section shall be exempt from 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.

(c) A private nonprofit corporation shall submit a complete financial statement for its most recent fiscal year as prepared by a certified public accountant prior to a renewal or new award of a contract or grant.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 36. (AB 120) Effective July 10, 2023.)


text:
(a) A public agency or nonprofit corporation, or a combination thereof, providing the public social services listed in Section 10621, may charge a fee to all public and private agencies when providing public social services to those agencies. The charge shall be based on a standard schedule of fees established and maintained by the service provider. The amount charged shall equal the sum of all costs, direct and indirect, for providing the public social services listed in Section 10621. This fee shall be referred to as program income.

(b) The purpose of program income shall be for either (1) expanding, or (2) continuing the provision of public social services as listed in Section 10621, irrespective of the state fiscal year in which the program income was earned or collected. In the event of cancellation or nonrenewal of a contract or grant, all program income not expended shall be remitted to the department.

(c) Except as otherwise provided by law, all program income received shall be accounted for to the State Department of Social Services at the close of each fiscal year, or more frequently if required by the State Department of Social Services, or the Department of Finance, in such form as prescribed. It is the intent of the Legislature to allow prior collected funds currently in the possession of the service providers to be expended on the provision of the public social services as listed in Section 10621.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 37. (AB 120) Effective July 10, 2023.)


text: The State Department of Social Services shall not expend over 5 percent of the sum appropriated for this chapter for the administrative costs of this chapter.


text: It is hereby declared that the solution and prevention of individuals and families who could otherwise be productive and self-supporting members of society from becoming or remaining public assistance recipients is a matter of statewide concern. The Secretary of the Health and Welfare Agency shall have full power to direct, supervise, and coordinate all services provided by the state departments of the Health and Welfare Agency which relate to this matter, as necessary to achieve the purposes of this chapter.

history: (History: Amended by Stats. 1973, Ch. 1212.)

path: 9. PUBLIC SOCIAL SERVICES > 2.5. Rehabilitation and Employment Coordination


text:
The purposes of this chapter are as follows:

(a) To combat poverty and reduce dependency by placing special attention and emphasis on the training, rehabilitation, and employment of present and potential recipients of public assistance and to prevent their future unemployment;

(b) To combine and coordinate all state services and programs relating to vocational education, vocational rehabilitation, and employment for public assistance recipients;

(c) To avoid duplication and fragmentation of training, rehabilitation, and employment services, and provide the most effective services possible, on behalf of public assistance recipients.

history: (History: Added by Stats. 1967, Ch. 1457.)

chapter: 2.5. Rehabilitation and Employment Coordination


text:
The department and the State Department of Rehabilitation, acting jointly, shall select public assistance recipients who qualify under either federal or state vocational rehabilitation laws, or both, as being in need of, and being able to benefit from, rehabilitation services pursuant to this chapter.

The two departments shall enter into a statewide agreement for the purpose of implementing the provisions of this section.

Any agreement entered into by the two departments pursuant to this section shall include plans which provide for the most effective use of all federal funds available to the two departments. Such plans may include budgetary transfers, subject to authorization of the Director of Finance, when such transfer will result in increased funds available for vocational rehabilitation services for public assistance recipients, and for former and potential recipients.

All increased funds made available as a result of the implementation of agreements and plans made pursuant to this section, shall be used exclusively to provide vocational rehabilitation service for current, former, or potential public assistance recipients.

history: (History: Amended by Stats. 1977, Ch. 1252.)


text: The county department shall be responsible for the initial selection of public assistance recipients who are to participate in training, vocational educational programs, or other employment preparation programs that are developed pursuant to the provisions of this chapter. The county department shall have primary responsibility for providing those services which will prepare recipients for the specific vocational training and employment placement services offered by the Employment Development Department, the Department of Rehabilitation, the Department of Education, and any other state or federal agencies offering specialized programs to upgrade the capacity of recipients and potential recipients to improve their capacity for self-support or self-direction. The services provided by the county department shall be geared to complement those services offered by state and federal agencies to the end that recipients of public assistance receive and participate in the programs to the fullest extent of their capacity.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 473.)


text: The Division of Vocational Education of the State Department of Education shall have primary responsibility for the education and training of public assistance recipients. The Secretary of the Health and Welfare Agency shall through the Employment Development Department work with the State Department of Education to develop vocational education programs which will meet the particular requirements and needs of recipients of public assistance whenever it is determined that such special programs will substantially improve such recipients’ capacity to achieve self-support or self-direction. The Employment Development Department shall determine the kinds, quality, and number of persons requiring such education.

history: (History: Amended by Stats. 1978, Ch. 380.)


text:
The Employment Development Department shall have primary responsibility for placement and other employment services for public assistance recipients; provided, however, that a county department may refer a public assistance recipient to a private employment agency at the same time the recipient is referred to the Employment Development Department. For the purposes of this section, a county department is authorized to enter into contracts with any private employment agencies under such terms and conditions and for such rates as the county department deems reasonable; provided, that once a public assistance recipient has been placed in employment by such an agency, a county department may not contract again with a private employment agency for placement of that recipient within six months of the original date of placement.

No referral or contract authorized under this section shall result in the recipient’s paying any fee, part of wages or other charges to the county department or private employment agency for such services.


text: The provisions of this chapter shall be implemented to the full extent of funds available for such purposes.


text: As used in this chapter, “department” means the State Department of Health Services, and “director” means the State Director of Health Services.

history: (History: Added by Stats. 1977, Ch. 1252.)

article: 1. Organization

path: 9. PUBLIC SOCIAL SERVICES > 3.5. State Administration of Health Care Services and Medical Assistance > 1. Organization


text: The director shall administer Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of this division and any other law pertaining to the administration of health care services and medical assistance. He shall perform such other duties as may be prescribed by law and shall observe and report to the Secretary of Health and Welfare and the Governor on the condition of health care services and medical assistance throughout the state

chapter: 3.5. State Administration of Health Care Services and Medical Assistance

article: 1. Organization


text:
The State Department of Health Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Health or the State Department of Benefit Payments pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), Chapter 8.5 (commencing with Section 14500), and Chapter 8.7 (commencing with Section 14520) of this part on the date immediately prior to the date this section becomes operative. Functions transferred pursuant to this section include the management and administration of the Health Care Deposit Fund and the audit and recovery of amounts due as the result of payments made under the California Medical Assistance Program (Medi-Cal).

Transfer to the State Department of Health Services of the above functions shall not impair any contract between the State Department of Health or the State Department of Benefit Payments and any third party and such transfer shall neither create nor vest any right or obligation in either party. In no case shall the substitution of the State Department of Health Services for the State Department of Health or the State Department of Benefit Payments be considered a breach of contract or failure of performance, nor shall it disturb the legal relationships of the parties.

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

article: 1. Organization


text: The State Department of Health Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the Director of Health or the Director of Benefit Payments in the performance of his duties, powers, purposes, responsibilities, and jurisdiction that are vested in the State Department of Health Services by Section 10722.

article: 1. Organization


text: All officers and employees of the Director of Health and the Director of Benefit Payments who on the operative date of this section are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the State Department of Health Services by Section 10722 shall be transferred to the State Department of Health Services. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the State Department of Health Services pursuant to the State Civil Service Act, except as to positions exempt from civil service.

article: 1. Organization


text:
The director may adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the department, and those regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Regulations relating to services need not be printed in the California Code of Regulations or the California Regulatory Notice Register if they are included in the publications of the department. This authority also may be exercised by the director’s designee.

In adopting regulations the director shall strive for clarity of language that may be readily understood by those administering services or subject to those regulations.

The rules of the department need not specify or include the detail of forms, reports, or records, but shall include the essential authority by which any person, agency, organization, association, or institution subject to the supervision or investigation of the department is required to use, submit, or maintain those forms, reports, or records.

history: (History: Amended by Stats. 2014, Ch. 442, Sec. 21. (SB 1465) Effective September 18, 2014.)

article: 1. Organization


text: All regulations heretofore adopted by the Director of the State Department of Benefit Payments which relate to payment, accounting, auditing and collection functions vested in the State Department of Health Services, or by the State Department of Health or any predecessor department which relate to health care services or medical assistance functions vested in the State Department of Health Services, and which are in effect immediately preceding the operative date of this section, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the State Director of Health Services.

history: (History: Amended by Stats. 1978, Ch. 429.)

article: 1. Organization


text:
Except as otherwise provided by law, for purposes of the Health and Safety Code and this code, and any regulations adopted thereunder, after June 1, 1996, “children’s hospital” means any of the following hospitals:

(a) Valley Children’s Hospital, Madera.

(b) Miller Children’s Hospital, Long Beach.

(c) Childrens Hospital Los Angeles, Los Angeles.

(d) Children’s Hospital Medical Center of Northern California, Oakland.

(e) Children’s Hospital of Orange County.

(f) Lucile Salter Packard Children’s Hospital at Stanford, Palo Alto.

(g) Children’s Hospital and Health Center, San Diego.

(h) Loma Linda University Children’s Hospital, Loma Linda.

history: (History: Amended by Stats. 2001, Ch. 290, Sec. 2. Effective January 1, 2002.)

article: 1. Organization


text:
(a) Except as otherwise provided by law, for purposes of this code and the Health and Safety Code, and any regulations adopted thereunder, “University of California children’s hospital” means each of the University of California children’s programs within the five University of California academic medical center campuses.

(b) This section is not intended to preclude participation by other entities in funding that would benefit children’s health care programs.

(c) For purposes of this section, the term “children’s hospital” may be used for signage, marketing, community service, and other university communication and philanthropic purposes only.

(d) Nothing in this section shall affect eligibility for any existing state funded health care programs.

history: (History: Added by Stats. 2001, Ch. 290, Sec. 3. Effective January 1, 2002.)

article: 1. Organization


text: It is hereby declared that provision for health care services and medical assistance in this code is a matter of statewide concern. The State Department of Health Services is hereby designated as the single state agency with full power to supervise every phase of the administration of health care services and medical assistance for which grants-in-aid are received from the United States government or made by the state in order to secure full compliance with the applicable provisions of state and federal laws.

history: (History: Amended by Stats. 2001, Ch. 745, Sec. 240. Effective October 12, 2001.)

article: 2. Powers and Duties

path: 9. PUBLIC SOCIAL SERVICES > 3.5. State Administration of Health Care Services and Medical Assistance > 2. Powers and Duties


text: The department shall investigate, examine and make reports upon the public officers who are in any way responsible for the administration of public funds used for health care services and medical assistance.

article: 2. Powers and Duties


text: The department shall advise public officers regarding the administration of health care services and medical assistance by public agencies throughout the state, and shall supervise the administration of such services and assistance to all persons receiving or eligible to receive such services and assistance.

article: 2. Powers and Duties


text: In administering any funds appropriated or made available to the department for disbursement through the counties for welfare purposes, the department shall establish regulations, not in conflict with the law fixing statewide standards for the administration of all state or federally assisted health care services or medical assistance programs. All regulations established by the department shall be binding upon the boards of supervisors and the county department.

article: 2. Powers and Duties


text: It is the intent of the Legislature that, if the department seeks a waiver for any experimental, pilot, or demonstration project in the 1995–96 fiscal year pursuant to the authority of Section 1315 of Title 42 of the United States Code that has as one of its objectives the obtaining of additional federal funds for health care services, the department shall notify all counties of its intent to seek a waiver. A county shall notify the department within three working days of its intent to participate in this waiver. The department shall include these counties if the necessary documentation required of the counties supports their inclusion in the waiver request. It is further the intent of the Legislature that the department seek to include as many counties as possible in this request.

history: (History: Added by Stats. 1995, Ch. 305, Sec. 9. Effective August 3, 1995.)

article: 2. Powers and Duties


text:
If the director considers a county director to be failing, in a substantial manner, to comply with any provision of this code or any regulation pertaining to the administration of health care services and medical assistance, he shall put the county director on written notice to that effect, and shall give a copy of the notice to the board of supervisors.

If within 60 days the county director fails to give reasonable assurance that he is complying and will continue to comply with the laws and regulations, the director shall order the county to appear at a hearing, before him to show cause why he should not take action to secure compliance. The county shall be given at least 30 days notice of such hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have an opportunity to appear within 10 days at such time and place as may be fixed by the director for the purpose of presenting oral arguments respecting the proposed findings and decision. Thereupon, the director shall make his final findings and decision.

If the director determines that there is a failure on the part of the county to comply with the provisions of this code or the established regulations, or if the State Personnel Board certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke any of the following sanctions:

(a) Withhold part or all of state and federal funds from such county until the county shall make a showing to the director of compliance; or

(b) Assume, temporarily, direct responsibility for the administration of any or all state-aided health care services and medical assistance programs in such county until the county shall provide reasonable assurance to the director of its intention and ability to comply with such laws and regulations. During such period of state administrative responsibility for county programs, the director or his authorized representative shall have all of the powers and responsibilities of the county director, with the exception that he shall not be subject to the authority of the board of supervisors; or

(c) Bring an action in mandamus or such other action in court as may be appropriate to compel compliance. Any such action shall be entitled to a preference in setting a date for a hearing.

Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.

Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.

article: 2. Powers and Duties


text:
The department shall cause to be published and made available for sale to the public, at the cost of publishing, all of its rules and regulations relating to:

(a) The government of the department.

(b) Any form of health care services or medical assistance for which state aid is granted to the counties or over the administration of which the department has supervision.

The department shall also provide at cost such subscription service as may be necessary to assure to purchasers of the printed rules and regulations with respect to services prompt receipt of all additions and amendments to the rules and regulations of the department.

article: 2. Powers and Duties


text: When the department causes to be published for public distribution informational pamphlets and related materials relating to public assistance programs administered or supervised by the department, they shall be printed in English and may be printed separately in Spanish, or at the discretion of the department, in English and Spanish, in such numbers as the department may determine.

article: 2. Powers and Duties


text: Copies of all laws relating to any form of public social service for which state aid is granted to counties, and over the administration of which the department has supervision, and of all bulletins and rules and regulations of the department, shall be made available to the public and for public inspection during regular office hours at each county office administering such aid and in each local or regional office of the department.

article: 2. Powers and Duties


text:
The department may act as the agent or representative of or cooperate with the federal government in any matters within the scope of the functions of the department under this division, for the administration of federal funds granted to this state or for any other purpose in furtherance of those functions.

Any contract or agreement entered into by the department with the federal government or any agency thereof for the expenditure of any funds in the exercise of any power granted to the department by this section shall be subject to approval by the State Department of Finance.

article: 2. Powers and Duties


text: The department may join associations of social welfare agencies having as their purpose the interchanging or supplying of information relating to the technique of social welfare administration.

article: 2. Powers and Duties


text: The functions of the department may include the administration and the supervision of the administration of health care services and medical assistance within this state as an agent of the federal government and acting as a service agency for the federal government in the field of health care services and medical assistance.

article: 2. Powers and Duties


text:
The department, with the cooperation of the State Department of Social Services and the Employment Development Department, shall develop a homemaker and home health aid training and employment program for recipients under the Aid to Families with Dependent Children Program for purposes of applying for any available federal funds.

The departments shall undertake the program development only if federal legislation making federal funds available is enacted, and upon receiving federal funds, the department shall carry out the program by establishing demonstration projects. The Employment Development Department shall develop and supervise the training part of the program.

history: (History: Added by Stats. 1979, Ch. 901.)

article: 2. Powers and Duties


text: The department shall, by March 1, 2017, in coordination with the Department of Finance, notify the Legislature of the fiscal impact on the Medi-Cal program resulting from, and the planned reimbursement methodology for emergency medical air transportation services after, the termination of penalty assessments pursuant to subdivision (f) of Section 76000.10 of the Government Code on January 1, 2020.

history: (History: Amended by Stats. 2017, Ch. 718, Sec. 2. (AB 1410) Effective January 1, 2018.)

article: 2. Powers and Duties


text:
Subject to the provisions of Section 11050 and Chapter 3 (commencing with Section 12000) of Part 3, the administration of public social services in each of the several counties of the state is hereby declared to be a county function and responsibility and therefore rests upon the boards of supervisors in the respective counties pursuant to the applicable laws, and in the case of public social services for which federal or state funds are provided, subject to the regulations of the department and the State Department of Health Services.

For the purpose of providing for and carrying out this function and responsibility, the board of supervisors of each county, or other agency as may be otherwise provided by county charter, shall establish a county department, unless otherwise provided by the county charter. Except as provided herein, the county department shall be the county agency for the administration of public social services and for the promotion of public understanding of the public social services provided under this code and the problems with which they deal.

chapter: 4. County Departments

path: 9. PUBLIC SOCIAL SERVICES > 4. County Departments


text:
A county director shall be appointed in each county by the board of supervisors or other agency designated by county charter, subject to either local merit system standards or to standards prescribed under the merit system required by state law.

The county director shall at all times be under the general direction and supervision of the board of supervisors, unless otherwise provided by county charter.

history: (History: Amended by Stats. 2013, Ch. 427, Sec. 117. (AB 1062) Effective January 1, 2014.)


text: The county director shall, for and in behalf of the board of supervisors, have full charge of the county department and the responsibility for administering and enforcing the provisions of this code pertaining to public social services under the regulations of the department and the State Department of Health Services. He shall abide by all lawful directives of the department and the State Department of Health Services, transmitted through the board of supervisors.


text:
The county director shall:

(a) Serve as the executive and administrative officer of the county department. The county director may delegate his powers and functions to any member of his staff.

(b) Establish such administrative units as he may deem necessary or desirable for the proper and efficient administration of the county department, and employ such personnel as may be authorized subject to merit system regulations and the state standards established pursuant to Section 19801 of the Government Code.

(c) Perform such other duties as may be prescribed by law, and, except for Section 10801, such other administrative and executive duties pertaining to the public social services as may, by other provisions of law, be imposed upon the board of supervisors.

(d) Perform such other duties as may be prescribed by the board of supervisors.

history: (History: Amended by Stats. 1969, Ch. 1283.)


text: The board of supervisors in any county may contract with any other county or counties or with the department for the operation and maintenance of such public social services as are provided in one or more of the contracting counties, or for the establishment and maintenance of such public social services as the board of supervisors shall deem to be desirable to discharge the duties of the county to provide for public social services for those eligible therefor or the health and care of the sick. Except as provided in Section 11050, the cost of contracted services shall be borne by the contracting county or counties and shall, insofar as state or federal funds are involved, conform to department standards and regulations generally applicable to such services.

history: (History: Amended by Stats. 1971, Ch. 578.)


text: The board of supervisors in any county may contract with any other county or counties or with the State Department of Health Services for the operation and maintenance of such services as are provided in one or more of the contracting counties, or for the establishment and maintenance of such services as the board of supervisors shall deem to be desirable to discharge the duties of the county to provide for services for those eligible therefor or the health and care of the sick. The cost of contracted services shall be borne by the contracting county or counties and shall, insofar as state or federal funds are involved, conform to department standards and regulations generally applicable to such services.


text:
Each worker employed by the department or the State Department of Health Services whose responsibilities require making home visits shall be provided with an identification card, showing the name and position of the worker, and containing a recent picture. Upon calling at the home of any applicant for or recipient of public social services, the worker shall display the identification card to the applicant or recipient.

Should a worker terminate his employment with the agency, he shall return his identification card to the agency.


text: If a dispute occurs between counties as to the responsibility for public social services for an applicant or recipient, either county may submit the dispute to the department or the State Department of Health Services, whichever department has jurisdiction. The decision of the appropriate department shall be final.


text: Any report published by the county in written or graphic form of expenditures for public social services shall show clearly the amount and proportion of costs borne by local taxes and the amount and proportion of costs borne by the state and federal governments.

history: (History: Added by Stats. 1965, Ch. 1784.)


text:
The county department shall administer the public social services authorized or permitted under the applicable portions of this code in accordance with the regulations of the department and the State Department of Health Services.

The county department shall make such reports to the appropriate department as may be required.

history: (History: Amended by Stats. 1977, Ch. 1252.)


text:
Subject to the approval of the department each county department is authorized to sponsor and conduct programs for the recruitment, training, and utilization of volunteers to assist county department employees in the performance of office duties and to aid in performing services in the counties including but not limited to the following:

(a) Friendly visiting of the indigent aged;

(b) Finding homes for foster children;

(c) Escorting and transporting recipients to clinics and other destinations;

(d) Aiding in location of improved housing;

(e) Teaching homemaking skills and aiding in budgeting and care of the household;

(f) Providing tutoring and other educational aid.

Volunteers shall not duplicate services performed by county department employees.

The county department shall maintain the confidentiality of records of recipients.


text: In addition to services, as defined in Section 10053, that may be required under this division a county may provide any service permitted by federal law and for which federal participation is available.

history: (History: Added by Stats. 1971, Ch. 578.)


text: Each county shall submit to the department by December 31 of each year a comprehensive plan for the financing and delivery of social services for the next fiscal year to meet the purposes of Section 10053. Such plan shall specify a priority of services for adults and for families and children.


text:
The system shall have the following goals:

(a) Prompt and accurate verification of eligibility.

(b) Accurate computation and timely disbursal of benefits for such public assistance programs.

(c) Equitable, timely, and consistent treatment of recipients within each program.

(d) Reduction of administrative complexity.

(e) Strict enforcement of management and fiscal controls.

(f) Collection of management information.

history: (History: Added by Stats. 1979, Ch. 282.)

chapter: 4.1. Statewide Automated Welfare System

path: 9. PUBLIC SOCIAL SERVICES > 4.1. Statewide Automated Welfare System


text: The department shall seek advice and assistance from the State Department of Health Services and counties in the planning and implementation of the system so that efficient, effective, and equitable administration of public assistance programs can be maintained.

history: (History: Amended by Stats. 1979, Ch. 1133.)


text:
The department shall submit to the Joint Legislative Budget Committee by August 1, 1984, a detailed work plan for the implementation of the statewide automated welfare system. The work plan shall include at least the following:

(a) A detailed description of the functions to be performed by the system.

(b) The sequence of the functions to be assumed by the system, and the dates on which the functions would be assumed.

(c) The long-range design goals for California’s welfare computer systems.

(d) The cost of the equipment and the administrative costs of implementing the system.

(e) The impact of such a system on the administration of such public assistance programs.

(f) Mechanisms by which the savings resulting from computer systems development can be recouped through reduced welfare administrative costs.

(g) A detailed description of how the data will be collected, stored, and disseminated to protect the privacy of individuals to ensure the confidentiality of such data.

(h) Recommendations for necessary legislative changes to implement the system.

The department shall provide to the counties no later than July 15, 1984, copies of the draft of the detailed work plan. The counties may submit no later than August 15, 1984, to the Joint Legislative Budget Committee their comments and recommendations on the detailed work plan.

history: (History: Amended by Stats. 1984, Ch. 268, Sec. 40.7. Effective June 30, 1984.)


text:
The department may test the system in several counties prior to actual statewide implementation. Criteria in selecting county test sites may include high dollar error rates for overpayments and payments to ineligibles, high administrative unit costs, size of county, and scope of data-processing activities.

The department may delay implementation of the system in counties where not cost effective. If the implementation is delayed in such counties, the counties shall make available their data on a timely basis so that a statewide file on public assistance recipients can be maintained.

history: (History: Amended by Stats. 1984, Ch. 268, Sec. 40.9. Effective June 30, 1984.)


text:
To ensure statewide uniformity in program administration, the department shall do the following:

(a) Develop and publish an exclusive manual of standards procedures for use by county welfare departments in their daily administration of public assistance programs.

(b) Provide a comprehensive training package for the use of the uniform standards manual.

(c) Develop standard forms to use with the statewide automated welfare system.

history: (History: Amended by Stats. 1984, Ch. 268, Sec. 41.2. Effective June 30, 1984.)


text: Nothing in this chapter shall be construed to reduce or otherwise impair the authority of the State Department of Health Services under Sections 10740 and 14100.1 as the single state agency responsible for administration of the medical assistance program. However, the State Department of Social Services shall develop and implement a statewide automated welfare system for the public assistance programs as provided in Section 10815. The department, in developing this system, shall recognize and utilize to the extent feasible, the centralized Medi-Cal eligibility system now maintained by the State Department of Health Services, and shall ensure that the fully implemented system shall meet those Medi-Cal program requirements deemed necessary by the State Department of Health Services. Both departments shall coordinate their efforts to ensure the mutual benefits of the statewide automated welfare system.

history: (History: Amended by Stats. 1984, Ch. 268, Sec. 41.7. Effective June 30, 1984. See same-numbered section, as amended by Stats. 2023, Ch. 43.)


text:
(a) (1) The Office of Technology and Solutions Integration shall implement a statewide automated welfare system for the following public assistance programs:

(A) The CalWORKs program.

(B) CalFresh.

(C) The Medi-Cal program.

(D) The foster care program.

(E) The refugee program.

(F) County medical services programs.

(2) Statewide implementation of the statewide automated welfare system for the programs listed in paragraph (1) shall be achieved through no more than four county consortia, including the Interim Statewide Automated Welfare System Consortium, and the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting System.

(3) Notwithstanding paragraph (2), the Office of Technology and Solutions Integration shall migrate the 35 counties that currently use the Interim Statewide Automated Welfare System (SAWS) into the C-IV system within the following timeline:

(A) Complete Migration System Test and begin User Acceptance Testing on or before June 30, 2009.

(B) Complete implementation in at least five counties by February 28, 2010.

(C) Complete implementation in at least 14 additional counties on or before May 31, 2010.

(D) Complete implementation in all 35 counties on or before August 31, 2010.

(E) Decommission the Interim Statewide Automated Welfare System on or before January 31, 2011.

(4) Notwithstanding paragraph (2), the Office of Technology and Solutions Integration shall oversee the migration of the 39 counties composing the C-IV Consortium into a system jointly designed by the 39 counties plus Los Angeles County under the LEADER Replacement System contract. This migration shall result in a new consortium to replace the LEADER and C-IV Consortia.

(5) The consortia and the state shall take any action necessary to ensure that the current SAWS maintenance and operations agreements are extended for the LEADER and C-IV Consortia, pending the completion of the LEADER Replacement System and migration of the C-IV Consortium as set forth in paragraph (4), and for the continuation of the Welfare Client Data System Consortium.

(6) Each SAWS consortium shall provide a seat on its governing body for a representative of the state and shall allow for the stationing of state staff at the project site.

(b) Nothing in subdivision (a) transfers program policy responsibilities related to the public assistance programs specified in subdivision (a) from the State Department of Social Services or the State Department of Health Care Services to the Office of Technology and Solutions Integration.

(c) (1) On February 1 of each year, the Office of Technology and Solutions Integration shall provide an annual report to the appropriate committees of the Legislature on the statewide automated welfare system implemented under this section. The report shall address the progress of state and consortia activities and any significant schedule, budget, or functionality changes in the project.

(2) The report provided pursuant to this subdivision in 2012 shall also include the projected timeline and key milestones for the development of the LEADER Replacement System and of the new consortium described in paragraph (4) of subdivision (a).

(d) Notwithstanding any other law, the Statewide Automated Welfare System consortia shall have the authority to expend within approved annual state budgets for each system as follows:

(1) Make changes within any line item, provided that the change does not create additional project costs in the current or in a future budget year.

(2) Make a change of up to one hundred thousand dollars ($100,000) or 10 percent of the total for the line item from which the funds are derived, whichever is greater, between line items with notice to the Office of Technology and Solutions Integration, provided that the change does not create additional project costs in the current or in a future budget year.

(3) Make requests to the Office of Technology and Solutions Integration for changes between line items of greater than one hundred thousand dollars ($100,000) or 10 percent of the total for the line item from which the funds are derived, which do not increase the total cost in the current or a future budget year. The Office of Technology and Solutions Integration shall take action to approve or deny the request within 10 days.

(e) (1) The Statewide Automated Welfare System shall be the system of record for Medi-Cal and shall contain all Medi-Cal eligibility rules and case management functionality.

(2) Notwithstanding paragraph (1), the business rules necessary for an eligibility determination to be made under the Modified Adjusted Gross Income (MAGI) rules pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148) may be housed in the California Healthcare Eligibility, Enrollment, and Retention System developed pursuant to Section 15926, hereafter referred to as CalHEERS. If that authority is exercised, the business rules contained in CalHEERS shall be made available to the Statewide Automated Welfare System consortia, through an automated interface, in order for the consortia to determine eligibility for Medi-Cal under the MAGI rules.

(3) Effective January 1, 2016, the functionality to create and send notices of action for Medi-Cal and premium tax credit programs, as described in Section 36B of Title 26 of the United States Code, shall be implemented consistent with the following:

(A) Except as specified in subparagraphs (B) and (C), the Statewide Automated Welfare System shall be used to generate noticing language and notice of action documents and to send notice of action documents for all Medi-Cal programs, including, but not limited to, MAGI and non-MAGI based programs.

(B) If authority is exercised pursuant to paragraph (2), CalHEERS shall be used to generate noticing language for the premium tax credit program, including, but not limited to, Medi-Cal denial noticing language related to tax subsidy approvals, and shall be used to generate and send notice of action documents for the premium tax credit only program.

(C) If authority is exercised pursuant to paragraph (2), in any mixed eligibility cases that include an approval or approvals for MAGI Medi-Cal eligibility determinations, non-MAGI Medi-Cal eligibility determinations, or both, and premium tax credit approvals, the Statewide Automated Welfare System shall be used to combine the noticing language for Medi-Cal programs generated by the Statewide Automated Welfare System and the noticing language for the premium tax credit program generated by CalHEERS into one notice, and the Statewide Automated Welfare System shall be used to send the document, as one combined notice, for all programs.

history: (History: Amended (as amended by Stats. 2014, Ch. 846, Sec. 1) by Stats. 2023, Ch. 43, Sec. 38. (AB 120) Effective July 10, 2023.)


text:
(a) It is the intent of the Legislature that representatives from the State Department of Social Services, the State Department of Health Care Services, the Office of Technology and Solutions Integration, the SAWS consortia, and the counties meet with advocates, clients, and other stakeholders no less than quarterly to review the development status of the California Automated Consortium Eligibility System (CalACES) and the California Statewide Automated Welfare System (CalSAWS) projects.

(b) Meeting agendas shall be established based on input from all parties, who may indicate their priorities for discussion.

(c) The State Department of Social Services, the State Department of Health Care Services, the Office of Technology and Solutions Integration, and the SAWS consortia shall engage with stakeholders to discuss current and planned functionality changes, system demonstrations of public portals and mobile applications, and advocates’ identification of areas of concern, especially with the design of public-facing elements and other areas that directly impact clients.

(d) These meetings shall commence in the summer of 2018 and shall continue at least quarterly through development, implementation, and maintenance.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 39. (AB 120) Effective July 10, 2023.)


text:
(a) The State Department of Social Services, the State Department of Health Care Services, and the Office of Technology and Solutions Integration shall develop, in consultation with the County Welfare Directors Association of California, the SAWS consortia, and stakeholders, a formal process for health and human services advocates and clients to provide input into new or changing public-facing elements of CalACES and CalSAWS.

(b) The process described in subdivision (a) shall include public portals, mobile applications, notices, certain ancillary services, and intercounty transfers.

(c) The process described in subdivision (a) may include focus groups, user-centered design sessions, and user acceptance testing.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 40. (AB 120) Effective July 10, 2023.)


text:
(a) The development of the SAWS enrollment and eligibility functionality, case management systems, ancillary services, public portals, and mobile applications shall, to the extent possible within the technology, have the goals of:

(1) Minimizing the burden of the overall eligibility process for enrollment and retention of benefits for low-income Californians and streamlining interactions for both clients and eligibility workers.

(2) Facilitating applicant and client submission of feedback.

(b) The parties listed in subdivision (a) of Section 10823.1 shall jointly update the Legislature at least twice per year through existing processes as to how the SAWS development, implementation, and maintenance minimizes client burden in order to improve access to safety net programs and incorporates ongoing applicant and client feedback towards continuous improvement.

history: (History: Added by Stats. 2019, Ch. 27, Sec. 28. (SB 80) Effective June 27, 2019.)


text: The State Department of Social Services shall pay the county share of Merced County’s Merced Automated Global Information Control (MAGIC) application maintenance costs until September 30, 1998, or until Merced County has converted its caseload to one of the Statewide Automated Welfare System (SAWS) consortia systems, whichever occurs first. Merced County shall be the first county implemented under the SAWS consortium system approved for Merced County. Beginning October 1, 1998, Merced County shall pay the county share of MAGIC application maintenance costs based on its percentage share of the total caseload for the consortium approved for Merced County on October 1, 1998. The caseload percentage share shall be adjusted each fiscal year to reflect changes in caseload throughout the consortium. Caseload for the purposes of this section shall be defined as actual average annual duplicated case counts for the most current full fiscal year for the programs included in the consortia system. Beginning October 1, 1998, and until Merced County has converted its caseload to the SAWS consortium approved for Merced County, the department shall pay the difference between the total county share of MAGIC application maintenance costs and the Merced County caseload percentage share of MAGIC application costs.

history: (History: Added by Stats. 1997, Ch. 606, Sec. 21. Effective October 3, 1997.)


text:
(a) It is the intent of the Legislature that health and human services programs shall leverage telephonic signature technology to enhance the ability for county human services customers and staff to complete transactions by telephone through the creation of a global telephonic signature solution for use by county human services departments, to the extent permitted by program policy.

(b) The California Statewide Automated Welfare System (CalSAWS) consortium shall be authorized to develop, deploy, and maintain a simple, standalone telephonic signature solution according to the following requirements:

(1) The telephonic signature solution shall allow for storage and retrieval of recorded telephonic signatures in compliance with program policy.

(2) This telephonic signature solution shall be available until equivalent functionality has been integrated into the following case management systems:

(A) CalSAWS.

(B) Case Management Information and Payroll System (CMIPS).

(C) California Automated Response and Engagement System (CWS-CARES).

(c) This section shall only be implemented to the extent funding is appropriated for these purposes.

(d) This section shall be rendered inoperative upon integration of the telephonic signature solution into all statewide systems included in paragraph (2) of subdivision (b), and is repealed as of January 1 of the calendar year following the date of the inoperability.

history: (History: Added by Stats. 2021, Ch. 85, Sec. 23. (AB 135) Effective July 16, 2021. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 after inoperative date.)


text:
(a) The counties not participating in the Interim Statewide Automated Welfare System Consortium or the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting Consortium shall collectively pay 5 percent of the total application development costs of the Statewide Automated Welfare System consortium to which they belong. The proportion of the 5 percent of total application development costs paid by a participating county shall be the same proportion that the county’s caseload bears to the total consortium caseload for the fiscal year in which the contract for application development is executed. “Caseload” for purposes of this section, means the actual average annual duplicated case counts for the programs included in each consortia’s application. A county subject to this section may pay its proportion of application development costs during development of its consortium’s system, or, by agreement with the department, may pay its proportion after its consortium’s system in production, but within four years after the start of production in a county.

(b) The department shall pay the county share of all other Statewide Automated Welfare System development and implementation costs approved by the Department of Finance and the federal funding agencies for the counties participating in each consortium, except the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting Consortium.

(c) The department shall pay the county share of maintenance and operations costs for the first 12 months of production of the Statewide Automated Welfare System for the counties participating in each consortium, except the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting Consortium.

(d) For purposes of this section, “production” means the first conversion of a county case to the Statewide Automated Welfare System application used by the county’s consortium, or the first processing of an intake case using the county’s Statewide Automated Welfare System consortium application, whichever occurs first.

(e) The department shall pay all Statewide Automated Welfare System maintenance and operations costs for specified counties as defined in this subdivision. A county qualified for Statewide Automated Welfare System maintenance and operations funding is defined as one having an average monthly, duplicated continuing case count below 3,700 cases for the CalWORKs, nonassistance CalFresh, public assistance CalFresh, Medi-Cal, foster care, refugee, and county medical services programs. The department shall make its determination based on actual case counts for the most current full fiscal year. The department shall provide funding for the county share-of-costs for those counties that annually meet this definition until June 30, 2001.

(f) Beginning October 1, 1998, the original 14 Interim Statewide Automated System counties shall pay the county share of Statewide Automated Welfare System maintenance and operations costs at the county administrative cost sharing ratios otherwise provided by law. Counties described in subdivision (e) shall not be subject to this requirement.

(g) The department shall pay the county share of Napa County’s Interim Statewide Automated Welfare System’s application maintenance costs through September 30, 1998. Beginning October 1, 1998, Napa County shall pay the county share of the Interim Statewide Welfare System application maintenance costs at the county administrative cost sharing ratios otherwise provided by law.

(h) (1) The county shall secure the prior approval of the department for any use of Statewide Automated Welfare System equipment, software or resources for activities and program administration not eligible for federal financial participation.

(2) The county shall allocate Statewide Automated Welfare System costs to the respective programs eligible for federal financial participation in accordance with the cost allocation requirements of each program.

(3) The county shall allocate as Statewide Automated Welfare System costs only for activities and program administration eligible for federal financial participation.

(i) If a county uses Statewide Automated Welfare System equipment, software, or resources for activities and program administration not eligible for federal financial participation, and fails to comply with provisions specified in subdivision (h), the county shall be liable to the department for any disallowance due to that use by the county of Statewide Automated Welfare System equipment, software, or resources. In the event of such a loss, the department may recover the loss by reducing funds otherwise due the county as state participation in programs administered by the county under the supervision of the department.

(j) The department shall fund each county’s share of the Central Data Base for the Medi-Cal Eligibility Data System until the end of the 12th month after Statewide Automated Welfare System production begins, as defined in subdivision (d).

history: (History: Amended by Stats. 2011, Ch. 227, Sec. 32. (AB 1400) Effective January 1, 2012.)


text:
(a) Any single state automated welfare system implemented pursuant to this chapter shall include a notification to inform the caseworker of a public assistance program applicant or recipient of the following information:

(1) That the applicant or recipient has indicated the need for an accommodation due to disability consistent with Section 12132 of Title 42 of the United States Code and Section 35.130 of Title 28 of the Code of Federal Regulations.

(2) That the applicant or recipient has disclosed a disability or experience of domestic violence that may affect the applicant’s or recipient’s eligibility for certain exemptions from, and exceptions to, requirements imposed by any public assistance program included in the single state automated welfare system pursuant to Section 10823.

(b) The State Department of Social Services shall collaborate with county welfare departments in developing the notification required by this section.

(c) The notification required by this section shall be immediately visible to the caseworker upon opening the applicant’s or recipient’s file in the system.

(d) The department shall include in any amendment of or revision to a form or report that is adopted on or after January 1, 2020, and that is to be completed by an applicant for, or a recipient of, public assistance, using the single statewide automated welfare system, questions that permit the applicant or recipient to disclose a disability, the need for accommodation due to disability, and any experience of domestic violence.

history: (History: Amended by Stats. 2019, Ch. 155, Sec. 1. (SB 735) Effective January 1, 2020.)


text: Notwithstanding any other provision of law relating to the method of payment of aid under this part, a county may develop a payment system which, to the extent feasible, spreads the issuance of public assistance warrants evenly over the month. Such a payment system shall not be instituted until approved by the department.

history: (History: Added by Stats. 1972, Ch. 1177.)

chapter: 4.5. Aid Payments

path: 9. PUBLIC SOCIAL SERVICES > 4.5. Aid Payments


text:
Upon election by a county to utilize the aid payment method provided by this chapter, the county shall submit a plan to the department for approval. The plan shall be approved by the department before it is implemented and shall include provisions for assuring that

(a) Each recipient of aid will be assigned a date or dates within the month as the date or dates on which he will be paid in subsequent months;

(b) Each warrant will be placed in the mail in order to be delivered on the assigned payment date and that in the event there is no mail delivery on the assigned payment date, the warrant will be placed in the mail in time to be delivered to the payee on the last mail delivery date prior to the payment date; and

(c) Upon changing payment dates for any recipient, the recipient will receive a pro rata payment on the old payment date in payment of the aid to which such recipient is entitled prior to the new payment date.

history: (History: Amended by Stats. 1975, Ch. 113.)


text:
To the extent permitted by federal law and notwithstanding Sections 11006.2, 11056, 11450 and 11455, a county electing to utilize the aid payment method provided by this chapter may establish new eligibility periods and payment periods which may be monthly or semimonthly and which are not limited to a calendar month to correspond with changes of payment dates under this chapter.

Changes in eligibility or payment periods under this chapter shall be approved by the department before implementation.

history: (History: Added by Stats. 1975, Ch. 113.)


text:
(a) The department shall implement and maintain nonbiometric identity verification methods in the CalWORKs program. The methods approved by the department as of July 1, 2018, satisfy this requirement.

(b) Notwithstanding subdivision (a), commencing July 1, 2021, for purposes of identity verification, a CalWORKs applicant or recipient may provide proof of identity via videoconferencing or any other electronic means that allows for a visual interaction between the applicant or recipient and county eligibility staff. Verification conducted in this manner shall satisfy any inperson identification requirement.

history: (History: Amended by Stats. 2021, Ch. 85, Sec. 24. (AB 135) Effective July 16, 2021.)

chapter: 4.6. CalWORKs Identity Verification

path: 9. PUBLIC SOCIAL SERVICES > 4.6. CalWORKs Identity Verification


text: The State Department of Social Services shall develop and implement an electronic visit verification system (EVV system) for the In-Home Supportive Services program, pursuant to this chapter. For purposes of this chapter, “electronic visit verification system” or “EVV system” means a system as described in subsection (l) of Section 1396b of Title 42 of the United States Code, as added by the federal 21st Century Cures Act (Public Law 114-255).

history: (History: Added by Stats. 2019, Ch. 27, Sec. 31. (SB 80) Effective June 27, 2019.)

path: 9. PUBLIC SOCIAL SERVICES > 4.7. Electronic Visit Verification System


text:
In developing and implementing the EVV system, the department shall adhere to all of the following general principles:

(a) The EVV system shall be developed and implemented in a manner and timeframe that avoids payment of the federal financial participation penalties, as described in the federal 21st Century Cures Act.

(b) Consistent with the requirements of the federal 21st Century Cures Act, the EVV system shall be developed through a collaborative stakeholder process, and be as minimally burdensome to providers and consumers as is necessary to comply with the federal mandate to implement electronic visit verification.

(c) Consistent with the United States Supreme Court decision in Olmstead v. L.C. ex rel. Zimring (1999) 527 U.S. 581, the EVV system shall not infringe upon the rights of In-Home Supportive Services program consumers.

(d) The department shall collaborate with stakeholders to identify the least intrusive manner to record the location of in-home supportive service delivery at the time service begins and ends each day, to the extent necessary to comply with the federal 21st Century Cures Act and related federal guidance.

(e) To the maximum extent possible, the EVV system shall leverage the existing electronic and telephonic timesheet systems.

(f) The EVV system shall utilize the maximum flexibility allowed by the federal government in the definitions of the terms “personal care services,” “location of services,” and “start and stop time of each service.”

(g) The department shall not implement a violations policy or process for in-home supportive service providers as part of electronic visit verification. Social workers shall continue to do individual assessments, and information from electronic visit verification shall not be used to reduce a consumer’s hours.

(h) Consistent with the requirements of the federal 21st Century Cures Act, in-home supportive service providers and recipients shall be provided with training on the use of the EVV system.

(i) Consistent with the requirements of the federal 21st Century Cures Act and related federal guidance, live-in in-home supportive service providers shall not be subject to electronic visit verification requirements.

history: (History: Amended by Stats. 2021, Ch. 85, Sec. 25. (AB 135) Effective July 16, 2021.)

chapter: 4.7. Electronic Visit Verification System


text:
(a) The director and the Director of Health Care Services shall implement a comprehensive program for the simplification of administration of the Aid to Families with Dependent Children, Medi-Cal, and CalFresh programs, which shall include the elements identified in Section 10841. The director shall prepare appropriate amendments in the state plan for these programs and waiver requests of federal requirements that are necessary for the implementation of this chapter.

(b) The director and the Director of Health Care Services shall, by formal order, waive the enforcement of those regulations and standards necessary to implement the project with federal approval, in order to implement the demonstration project.

history: (History: Amended by Stats. 2011, Ch. 227, Sec. 34. (AB 1400) Effective January 1, 2012.)

chapter: 4.8. Administrative Reform Act

path: 9. PUBLIC SOCIAL SERVICES > 4.8. Administrative Reform Act