text:
(a) The department shall allocate child care funding pursuant to this part based on the amount of state and federal funding that is available.

(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department and the State Department of Education the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:

(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:

(A) The needs of families eligible for subsidized child care.

(B) The needs of families not eligible for subsidized child care.

(C) The waiting lists for programs funded by the department.

(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.

(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.

(F) Family income among families with preschool or schoolage children.

(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 10236.

(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.

(I) The number of children in the county by primary language spoken pursuant to the department’s language survey.

(J) Special needs based on geographic considerations, including rural areas.

(K) The number of children needing child care services by age cohort.

(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.

(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.

(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.

(5) Conduct a periodic review of child care programs funded by the department to determine if identified priorities are being met.

(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.

(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.

(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.

(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.

(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.

(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Chapter 18 (commencing with Section 10340).

(d) The department shall, in conjunction with all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.

(e) The department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.

article: 2. Membership and Funding of Local Child Care Development Planning Councils


kind: section

code: WIC

text: It is the intent of the Legislature that any additional conditions imposed upon local planning councils shall be funded from available federal funds to the greatest extent legally possible.

history: (History: Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)

division: 9. PUBLIC SOCIAL SERVICES

chapter: 31. Local Planning Councils

path: 9. PUBLIC SOCIAL SERVICES > 31. Local Planning Councils > 2. Membership and Funding of Local Child Care Development Planning Councils


text:
The Legislature finds and declares all of the following:

(a) The Congress has recognized the importance of the transfer from preschool to primary school. Section 642A of Title VI of Subtitle A of Chapter 8 of Subchapter B of the federal Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) was enacted to require grantees of federal Head Start funds to take steps to coordinate with and involve the local educational agency serving the community, including, but not limited to, all of the following:

(1) Developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which the child will enroll.

(2) Establishing channels of communication between Head Start staff and their counterparts in the schools, including, but not limited to, teachers, social workers, and health staff, to facilitate the coordination of programs.

(3) Conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start program teachers to discuss the educational, developmental, and other needs of individual children.

(4) Organizing and participating in joint transition-related training of school staff and Head Start staff.

(5) Developing and implementing a family outreach and support program in cooperation with entities carrying out parental involvement efforts under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.).

(6) Assisting families, administrators, and teachers in enhancing educational and developmental continuity between Head Start services and elementary school classes.

(7) Linking the services provided in the Head Start program with the education services provided by the local educational agency.

(b) The department shall advise local education agencies of these federal requirements.

chapter: 32. Head Start

path: 9. PUBLIC SOCIAL SERVICES > 32. Head Start


text:
For purposes of this chapter, the following terms shall apply:

(a) “Expulsion” means the permanent dismissal of a child from a program in response to a child’s behavior.

(b) “Licensed family childcare provider” means a childcare provider who participates in a state-funded early care and education program, as defined in Section 10421, and is an individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code.

(c) “Program” means a general childcare and development program, as described in Chapter 7 (commencing with Section 10240), a childcare and development service for children with severe disabilities, as described in Chapter 9 (commencing with Section 10260), or a migrant childcare and development program, with the exception of migrant alternative payment programs, as described in Chapter 6 (commencing with Section 10235), that serves children from zero to five years of age, inclusive.

(d) “Suspension” means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior.

(e) “Persistent and serious behaviors” means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limited to, physical aggression, property destruction, and self-injury.

history: (History: Added by Stats. 2022, Ch. 915, Sec. 8. (AB 2806) Effective January 1, 2023.)

path: 9. PUBLIC SOCIAL SERVICES > 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs


text:
(a) (1) Except as authorized by paragraph (3), a program shall not do either of the following:

(A) Expel or unenroll a child because of a child’s behavior.

(B) Persuade or encourage a child’s parents or legal guardians to voluntarily unenroll from the program due to a child’s behavior.

(2) (A) If a child exhibits persistent and serious behaviors, the program shall expeditiously pursue and document reasonable steps, including, but not limited to, consulting with the child’s parents or legal guardians and teacher, and, if available, engaging an early childhood mental health consultant, to maintain the child’s safe participation in the program. The program shall inform the parents or legal guardians of a child exhibiting persistent and serious behaviors of the process described in this section in writing, including a description of the behaviors and the program’s plan for maintaining the child’s safe participation in the program.

(B) (i) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child.

(ii) The program shall consider, if appropriate, completing a comprehensive screening to identify the needs of the child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program.

(3) If a program has expeditiously pursued and documented reasonable steps to maintain the child’s safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the child’s teacher, and, if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, it shall refer the parents or legal guardians to other potentially appropriate placements, the local childcare resource and referral agency, or other referral service available in the local community, and, to the greatest extent possible, support direct transition to a more appropriate placement. The program may then unenroll the child.

(4) A program shall have up to 180 days to complete the process described in paragraphs (2) and (3).

(b) (1) Except as provided in paragraphs (2), (3), and (4), a program shall not do either of the following:

(A) Suspend a child due to a child’s behavior.

(B) Encourage or persuade a child’s parents or legal guardians to prematurely pick up a child due to a child’s behavior before the program day ends.

(2) Suspension shall only be used as a last resort in extraordinary circumstances when there is a serious safety threat that cannot be reduced or eliminated without removal. To the greatest extent possible, a program shall endeavor to ensure the full participation of enrolled children in all program activities.

(3) Before a program determines that suspension is necessary, the program shall collaborate with the child’s parents or legal guardians and use appropriate community resources, as needed, to determine no other reasonable option is appropriate, and provide written notice to the child’s parents or legal guardians pursuant to paragraph (4) of subdivision (c).

(4) If suspension is deemed necessary, a program shall help the child return to full participation in all program activities as quickly as possible while ensuring child safety by doing all of the following:

(A) Continuing to engage with the parents or legal guardians and continuing to use appropriate community resources.

(B) Developing a written plan to document the action and supports needed.

(C) Providing referrals to appropriate community services.

(D) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child.

(c) (1) The State Department of Social Services shall, commencing July 1, 2023, include in each contract for service with a program the limitations on expulsion and suspension provided in this section.

(2) Commencing July 1, 2023, upon enrollment of a child, a program shall notify the child’s parents or legal guardians of the limitations on disenrollment, including expulsion and suspension provided in this section. This notification shall be in writing and shall inform parents on how they may file an appeal to the department in the event of the expulsion or suspension of a child.

(3) Commencing July 1, 2023, in the event a program suspends or expels a child pursuant to this section, the program shall issue the child’s parent or guardian a written “Notice of Action, Recipient of Services,” as described in Section 18095 of Title 5 of the California Code of Regulations, with the exception that the effective date of the action may be no less than 24 hours after service of the notice. The agency shall, at the same time, inform the parent or guardian in writing of their right to file an appeal of the action directly with the department no later than 14 calendar days after receipt of the notice. Because the action to suspend or expel a child involves persistent and serious behaviors that impact the safety of children, the action shall not be stayed during the pendency of any appeal.

(d) 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), until regulations are filed with the Secretary of State, the State Department of Social Services shall, in consultation with the State Department of Education, on or before December 31, 2023, implement this chapter through all-county letter or similar instructions until regulations are adopted.

(e) A program shall maintain records on, and, beginning on July 1, 2030, and subject to an appropriation by the Legislature for this purpose, the State Department of Social Services shall annually collect from contracting agencies, all of the following information:

(1) The number of times the process described in paragraph (2) of subdivision (a) was initiated during a program year, and the outcome of each reported instance.

(2) The number of times the process described in paragraphs (3) and (4) of subdivision (b) was initiated during a program year, and the outcome of each reported instance, including, if applicable, how long a child was excluded from the program.

(3) The data collected pursuant to paragraphs (1) and (2) shall include for each child, at a minimum, age, sex, race and ethnicity, foster status, home language, disability, and whether the child has an individualized family service plan or an individualized education program.

(f) (1) Subject to an appropriation by the Legislature for this purpose, no later than January 1, 2031, and annually thereafter, the State Department of Social Services shall publish aggregate data on how many times during the most recent program year the processes described in paragraph (2) of subdivision (a) and paragraphs (3) and (4) of subdivision (b) were initiated and the outcomes of the processes, disaggregated by student demographic, as required, and how many appeals or complaints the State Department of Social Services received from parents or legal guardians regarding expulsion and suspension. The data shall be made available at a statewide and countywide level and shall be disaggregated by age, sex, race and ethnicity, foster status, home language, disability, and assignment of an individualized family service plan or individualized education program, as applicable, pursuant to all applicable federal and state privacy protections.

(2) Data collection pursuant to subdivision (e), and reporting pursuant to this subdivision, by the State Department of Social Services shall, to the greatest extent possible, be undertaken within the framework of the department’s existing data systems.

(g) The State Department of Social Services shall create guidelines for offering additional support and requiring additional staff training for programs with exceptionally high numbers of suspension and expulsion reported pursuant to this section.

(h) (1) This section shall not apply to licensed family childcare providers until the joint labor-management committee established pursuant to paragraph (2) of subdivision (a) of Section 10424.5 makes recommendations for potential changes related to suspensions and expulsions.

(2) Within 10 calendar days of the committee recommendations being completed, the State Department of Social Services and State Department of Education shall provide the committee recommendations to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office.

history: (History: Amended by Stats. 2023, Ch. 193, Sec. 15. (SB 140) Effective September 13, 2023.)

chapter: 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs


text: This chapter shall be known, and may be cited, as the End Racial and Economic Inequities in Childcare in California Initiative.

history: (History: Added by Stats. 2022, Ch. 699, Sec. 2. (AB 2832) Effective January 1, 2023.)

chapter: 34. Whole Child Community Equity

path: 9. PUBLIC SOCIAL SERVICES > 34. Whole Child Community Equity


text:
(a) The State Department of Social Services, in consultation with the State Department of Education, and with input from early childhood stakeholders, shall develop the Whole Child Equity Framework (the Framework) and Whole Child Community Equity Screening Tool (the Equity Tool). The Framework shall outline categories that are essential to supporting children 0 to 13 years of age, inclusive, through a whole child approach, including, but not limited to, access to childcare, physical and mental health services, education, childhood adversity and community safety, economic well-being, and built environments. “Built environments” means all of the physical parts of where families live and work such as homes, buildings, streets, open spaces, and infrastructure. The Framework shall guide the development of the Equity Tool that will consist of indicators aligned with each of the Framework’s categories. The Equity Tool will examine community-level data for the indicators and classify communities based on higher or lower values for these indicators. This approach will identify highest-need communities across the state with significant disparities across indicators that are essential to supporting the whole child. It will provide the data needed to support the equitable distribution of resources and monitor progress on addressing racial and economic inequities.

(b) With input from early childhood stakeholders, and in consultation with the State Department of Education, the State Department of Social Services shall develop the Equity Tool building on an existing index or set of indicators from existing indices such as the Child Opportunity Index, the California Healthy Places Index, the Human Development Index, the California Strong Start Index, the COVID-19 Statewide Vulnerability and Recovery Index, and the federal Centers for Disease Control and Prevention and Agency for Toxic Substances and Disease Registry Social Vulnerability Index. Data available in Brilliant Beginnings, the California Cradle-to-Career Data System, and other relevant data can be utilized as needed. The State Department of Social Services shall also consider indicators that address disparities that impact young children related to state priorities such racial inequities reflected in learning loss and learning recovery due to the COVID-19 pandemic.


text:
(a) (1) The State Department of Social Services, in consultation with the State Department of Education, shall convene a public workgroup to provide recommendations to the State Department of Social Services for the development of the Framework, the Equity Tool, and recommended uses of the Equity Tool for early childhood investments and whole child resources to address racial and economic inequities for California’s youngest children.

(2) The workgroup shall include parents and families from historically underserved communities and shall include, but not be limited to, other stakeholders that bring insight to support the whole child, which may include practitioners, experts, researchers, or advocates in childcare and development, physical and mental health, childhood adversity, family support and engagement, community safety, economic well-being, and built environments, representatives from First 5 California and local First 5 commissions, representatives of duly designated collective bargaining agents of family childcare home providers, and representatives from resource and referral agencies, local planning councils, and county offices of education. Workgroup members shall reflect the racial, ethnic, linguistic, and economic diversities of the State of California and represent the interests of individuals who are Black, Latinx, and Indigenous, people of color, multilingual communities, LGBTQIA+ families, children with disabilities, and families from socioeconomically disadvantaged communities that have been disproportionately marginalized. The workgroup shall provide updates to the Early Childhood Policy Council to ensure that the council is informed on the workgroup’s recommendations.

(3) The workgroup is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(b) On or before January 1, 2025, with input from the workgroup, the State Department of Social Services shall finalize and present the Framework, the Equity Tool, and recommended uses of the Equity Tool to the Legislature. The Framework and the Equity Tool shall be used to build on the existing strengths of communities and support them to address their critical needs of young children.

(c) The State Department of Social Services shall publish the tool for public use, including the data and methodology, on the department’s internet website.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 193. (AB 1170) Effective January 1, 2026.)


text: Every person administering aid under any public assistance program shall conduct himself with courtesy, consideration, and respect toward applicants for and recipients of aid under that program, and shall endeavor at all times to perform his duties in such manner as to secure for every person the amount of aid to which he is entitled, without attempting to elicit any information not necessary to carry out the provisions of law applicable to the program, and without comment or criticism of any fact concerning applicants or recipients not directly related to the administration of the program.

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

chapter: 1. General Provisions

path: 9. PUBLIC SOCIAL SERVICES > 1. General Provisions


text: No person concerned with the administration of a public assistance program shall dictate how any recipient shall expend the aid granted to him.

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


text:
Any decisions governing eligibility for any of the following programs that, in California, are made by a county pursuant to this division shall be made exclusively by a merit or civil service employee of the county:

(a) The Medi-Cal program, as described in Chapter 7 (commencing with Section 14000) of Part 3.

(b) The In-Home Supportive Services (IHSS) program, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3.

(c) The California Work Opportunity and Responsibility to Kids (CalWORKs) program, as described in Chapter 2 (commencing with Section 11200) of Part 3.

(d) The CalFresh program, as described in Chapter 10 (commencing with Section 18900) of Part 6.

(e) The California Food Assistance Program (CFAP), as described in Chapter 10.1 (commencing with Section 18930) of Part 6.

(f) The Cash Assistance Program for Immigrants (CAPI) pursuant to Chapter 10.3 (commencing with Section 18937) of Part 6.

(g) The Adult Protective Services (APS) program, as described in Chapter 13 (commencing with Section 15750) of Part 3.

history: (History: Amended by Stats. 2023, Ch. 279, Sec. 1. (AB 1457) Effective January 1, 2024.)


text:
Prior to granting any changes in benefits or levels of service for public social services programs, including the Medi-Cal program, funded by the federal government for benefits or services which are permitted, but not required to be given, under federal law, and which changes program or county administrative costs funded from the General Fund in excess of five hundred thousand dollars ($500,000) on an annual basis, there shall first be obtained a certification by the State Department of Finance that funds are available for the expenditure and that the department has identified the specific funding sources, and has determined whether the expenditure involves a federal mandatory or optional benefit or level of service.

The Department of Finance may not approve any expenditure covered by this section until at least 30 days after the information required by this section has been provided to the chairman of the committee of each house which considers appropriations and the Chairman of the Joint Legislative Budget Committee.

history: (History: Added by Stats. 1982, Ch. 339, Sec. 1.)


text:
(a) Except as otherwise required by Sections 10614 and 14100.5, the State Department of Health Care Services (Genetically Handicapped Persons, CCS, CHDP, and the caseload programs in the Genetic Disease Branch), Managed Risk Medical Insurance Board, State Department of Developmental Services, State Department of State Hospitals, and Department of Child Support Services shall submit to the Department of Finance for its approval all assumptions underlying all estimates used to develop the departments’ budgets by September 10 of each year, and those assumptions, as revised by, March 1 of the following year.

(b) The Department of Finance shall approve, modify, or deny the assumptions underlying all estimates within 15 working days of their submission. If the Department of Finance does not modify, deny, or otherwise indicate that the assumptions are open for consideration pending further information submitted by the department by that date, the assumptions as presented by the submitting department shall be deemed to be accepted by the Department of Finance as of that date.

(c) Each department or board described in subdivision (a) shall also submit an estimate of expenditures for each of the categorical aid programs in its budget to the Department of Finance by November 1 of each year and those estimates as revised by April 20 of the following year. Each estimate shall contain a concise statement identifying applicable estimate components, such as caseload, unit cost, implementation date, whether it is a new or continuing premise, and other assumptions necessary to support the estimate. The submittal shall include a projection of the fiscal impact of each of the approved assumptions related to a regulatory, statutory, or policy change, a detailed explanation of any changes to the base estimate projections from the previous estimate, and a projection of the fiscal impact of that change to the base estimate.

(d) Each department or board shall identify those premises to which either of the following applies:

(1) Have been discontinued since the previous estimate was submitted. The department or board shall provide a chart that tracks the history of each discontinued premise in the prior year, the current year, and the budget year.

(2) Have been placed in the basic cost line of the estimate package.

(e) In the event that the methodological steps employed in arriving at the estimates in May differ from those used in November of the preceding year, the department or board shall submit a descriptive narrative of the revised methodology. In addition, the estimates shall include fiscal charts that track appropriations from the Budget Act to the current Governor’s Budget and May Revision for all fund sources for the prior year, current year and budget year. This information shall be provided to the Department of Finance, the Joint Legislative Budget Committee, the Health and Human Services Policy Committees, and the fiscal committees, along with other materials included in the annual May Revision of expenditure estimates.

(f) The estimates of average monthly caseloads, average monthly grants, total estimated expenditures, including administrative expenditures and savings or costs associated with all regulatory or statutory changes, as well as all supporting data provided by the department or developed independently by the Department of Finance, shall be made available to the Joint Legislative Budget Committee, the Health and Human Services Policy Committees, and the fiscal committees.

(g) On or after January 10, if the Department of Finance discovers a material error in the information provided pursuant to this section, the Department of Finance shall inform the consultants to the fiscal committees of the error in a timely manner.

(h) The departmental estimates, assumptions, and other supporting data prepared for purposes of this section shall be forwarded annually to the Joint Legislative Budget Committee, the Health and Human Services Policy Committees, and the fiscal committees of the Legislature, not later than January 10 and May 14 by the department or board if this information has not been released earlier by the Department of Finance.

(i) The requirements of this section do not apply to the State Department of Social Services estimate or the State Department of Health Care Services’ Medi-Cal Program estimate, which are governed by Sections 10614 and 14100.5, respectively.

(j) The Department of Rehabilitation shall submit assumptions and an estimate of case services expenditures for the Vocational Rehabilitation (VR) program specifically detailing the VR supported employment and work activity elements in accordance with this part, except that assumptions shall be submitted only annually, on or before March 1, and an estimate of expenditures shall be submitted only annually, on or before April 20, to the Department of Finance. The departmental assumptions and the departmental estimate of expenditures shall be forwarded annually, on or before May 14, to the Joint Legislative Budget Committee, and to the health and human services policy committees and fiscal committees of the Legislature, if this information has not been released earlier by the Department of Finance.

history: (History: Amended by Stats. 2013, Ch. 22, Sec. 102. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)


text: It is the intent of the Legislature that, in developing the plan required by this chapter, counties shall make an effort not to duplicate planning processes that have already occurred within the county, but rather to build upon, and incorporate where appropriate, existing local plans that provide for a collaborative approach to employment services, economic development, and family and children’s services. These shall include, but are not limited to, county GAIN plans developed prior to CalWORKs implementation, county plans developed pursuant to Section 18987.3, economic development plans, employment development plans, and plans intended to guide any other local efforts relevant to CalWORKs implementation.

history: (History: Added by Stats. 1997, Ch. 270, Sec. 32. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)

chapter: 1.3. County Plans for CalWORKs

path: 9. PUBLIC SOCIAL SERVICES > 1.3. County Plans for CalWORKs


text:
Each county shall develop a plan consistent with state law that describes how the county intends to deliver the full range of activities and services necessary to move CalWORKs recipients from welfare to work. The plan shall be updated as needed. The plan shall describe:

(a) How the county will collaborate with other public and private agencies to provide for all necessary training, and support services.

(b) The county’s partnerships with the private sector, including employers and employer associations, and how those partnerships will identify jobs for CalWORKs program recipients.

(c) Other means the county will use to identify local labor market needs.

(d) The range of welfare-to-work activities the county will offer recipients and the identification of any allowable activities that will not be offered.

(e) The process the county will use to provide for the availability of substance abuse and mental health treatment services.

(f) The process the county will use to provide for child care and transportation services.

(g) The county’s community service plan.

(h) How the county will provide training of county workers responsible for working with CalWORKs recipients who are victims of domestic violence.

(i) The performance outcomes identified during the local planning process that the county or other local agencies will track in order to measure the extent to which the county’s program meets locally established objectives.

(j) The means the county used to provide broad public input to the development of the county’s plan.

(k) A budget that specifies the source and expenditures of funds for the program.

(l) How the county will assist families that are transitioning off aid.

(m) All necessary components of the job creation plan required by Section 15365.55 of the Government Code in counties that choose to implement the program described in Chapter 1.12 (commencing with Section 15365.50) of Part 6.7 of Division 3 of Title 2 of the Government Code.

(n) Other elements identified by the director, in consultation with the steering committee under Section 10544.5, including elements related to the performance outcomes listed in Sections 10540 and 10541.

(o) How the county will comply with federal requirements of the Temporary Assistance for Needy Families program (Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code).

(p) How the county will coordinate welfare-to-work activities with the local private industry councils or alternate administrative entities designated by the Governor to administer local welfare-to-work programs, including the expenditure of state or other matching funds provided to the county welfare department for welfare-to-work activities. No later than September 1, 1998, and each year thereafter, subject to continued welfare-to-work funding, each county shall submit an addendum to its plan required under this section that describes its coordination efforts.

history: (History: Amended by Stats. 2004, Ch. 229, Sec. 17. Effective August 16, 2004. Operative December 1, 2004, by Sec. 65 of Ch. 229.)


text:
The department and the counties shall implement the provisions of the CalWORKs program in the following manner:

(a) The department shall issue a planning allocation letter and county plan instructions to the counties within 30 days of the enactment of the CalWORKs program.

(b) (1) Each county shall submit a plan for implementation of the CalWORKs program within four months of the issuance of the planning allocation letter by the department. A county may begin implementation of its plan upon submission of the plan to the department or the effective date of the CalWORKs program, whichever is later.

(2) Within 30 days of receipt of a county plan, the department shall either certify that the plan includes the description of the elements required by Section 10531 and that the descriptions are consistent with the requirements of state law and, to the extent applicable, federal law or notify the county that the plan is not complete or consistent stating the reasons therefor.

(3) If a county is notified that its plan is not complete or consistent, the county shall, within 30 days, resubmit a revised plan to the department for certification.

(c) A county shall begin enrolling all new applicants for aid under this chapter in the county’s welfare-to-work program no later than six months from the date of issuance of the planning allocation letter references in subdivision (a) or two months after the certification of the county plan, whichever is later.

(d) Funds remaining at the end of the 1997–98 fiscal year or the 1998–99 fiscal year from the funds provided to a county in those years pursuant to Section 15204.2 shall be available to a county until July 1, 2000, and may be expended only for the purposes set forth in Section 15204.2.

history: (History: Amended by Stats. 2004, Ch. 229, Sec. 18. Effective August 16, 2004. Operative December 1, 2004, by Sec. 65 of Ch. 229.)


text: Commencing July 1, 2013, the department shall establish a CalWORKs county peer review process, which shall be implemented on a statewide basis no later than July 1, 2014. The peer review process shall include individual CalWORKs data reviews of counties, based on existing data. Counties shall receive programmatic technical assistance from teams made up of state and peer-county administrators to assist with implementing best practices to improve their performance and make progress toward meeting established state performance goals, as specified in Chapter 1.5 (commencing with Section 10540) and Section 15204.6.

history: (History: Amended by Stats. 2011, Ch. 8, Sec. 3. (SB 72) Effective March 24, 2011.)


text:
(a) Each county shall perform a comprehensive review of its existing CalWORKs plan developed pursuant to Section 10531, and shall prepare and submit to the department a plan addendum detailing how the county will meet the goals defined in Section 10540, while taking into consideration the work participation requirements of the federal Deficit Reduction Act of 2005 (P.L.109-171). The plan shall include immediate and long-range actions that the county will take to improve work participation rates among CalWORKs applicants and recipients. The plan addendum, at a minimum, shall include all of the following:

(1) How the county will address increased participation in the following areas:

(A) Providing upfront engagement activities.

(B) Reengaging noncompliant or sanctioned individuals.

(C) Providing activities to encourage participation and to prevent families from going into sanction status.

(D) Achieving full engagement by individuals who are required to participate, and who are partially participating, not participating, or are between activities.

(E) Other activities designed to increase the county’s federal work participation rate.

(2) A description of how the county will utilize the single allocation and other funding that will be committed to the county’s CalWORKs program.

(3) A description of anticipated outcomes, including the number of families affected, that will result in county program improvements, and the projected impact on the county’s federal work participation rate.

(4) A proposed plan to measure progress in achieving the anticipated outcomes pursuant to paragraph (3) on a quarterly basis.

(5) A description of how the county will collaborate with local agencies, including, but not limited to, local workforce investment boards, community colleges, and adult education and regional occupational programs that provide activities that meet federal work participation requirements and provide participants with skills that will help them achieve long-term self-sufficiency.

(b) Each county shall submit its plan addendum to the department no later than 90 days after the department issues guidance for the addendum by all-county letter. Each addendum shall include a certification that the county board of supervisors has been briefed regarding the contents of the plan.

(c) Within 30 days of receipt of a county plan addendum, the department shall either certify that the plan includes the elements required by subdivision (a) and that the descriptions are consistent with state, and to the extent applicable, federal law, or notify the county that the addendum is not complete or consistent, stating the reasons therefor.

(d) Pending certification of the plan addendum, a county shall continue to operate its program according to its existing plan, and may implement changes consistent with the goals of the activities to be described by the addendum as specified in subdivision (a).

(e) A county shall submit an addendum to the county plan, as required by this chapter once every three years, as required by the department.

history: (History: Added by Stats. 2006, Ch. 75, Sec. 27.3. Effective July 12, 2006.)


text:
(a) The department shall review the county plans developed pursuant to Section 10534 in order to identify promising practices in the areas of upfront engagement and reengagement of sanctioned families, and shall work with the County Welfare Directors Association (CWDA) and county welfare directors to gather information on implementation and results of these practices, that can inform future efforts to increase participation in welfare-to-work activities.

(b) The department, in conjunction with the CWDA, shall review the county plans and work with county welfare directors and the CWDA to determine what activities and strategies that counties are using to encourage participation among time-limited families, and gather information about the characteristics of the time-limited population.

(c) The department shall provide a written update to the Legislature on March 1, 2008, of the information required by subdivisions (a) and (b) that is gathered by that date. The department shall provide the final report of the information required by subdivisions (a) and (b) to the Legislature and county welfare directors, on or before September 1, 2008.

history: (History: Added by Stats. 2007, Ch. 177, Sec. 19. Effective August 24, 2007.)


text: Notwithstanding any other provision of law, of the amount appropriated in Item 5180-101-0890 in the Budget Act of 2006, ninety million dollars ($90,000,000) in federal Temporary Assistance for Needy Families block grant funds for the CalWORKs program shall remain eligible for expenditure until June 30, 2008.

history: (History: Added by Stats. 2006, Ch. 75, Sec. 27.5. Effective July 12, 2006.)


text:
(a) It is the intent of the Legislature to implement Public Law 104-193 in such a manner as to do all of the following:

(1) Reduce child poverty in the state.

(2) Achieve the goals of Public Law 104-193, which include reducing dependence of needy parents on government benefits by promoting job preparation, work, and marriage; reducing out-of-wedlock births; and encouraging the formation and maintenance of two-parent families.

(3) Meet the requirements of federal law.

(b) It is further the intent of the Legislature to ensure that the implementation of Public Law 104-193 does not result in unanticipated outcomes that negatively affect child well-being, the demand for county general assistance, or the number of families affected by domestic violence.

history: (History: Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)

path: 9. PUBLIC SOCIAL SERVICES > 1.5. Performance Outcome Incentives Monitoring


text:
The department shall ensure that performance outcomes are monitored at the state and county levels in order to do all of the following:

(a) Identify the extent to which the state and counties achieve the goals of Public Law 104-193.

(b) Identify the extent to which unanticipated negative outcomes do or do not occur.

(c) Meet the requirements of federal law.

(d) Assist counties in tracking the effect of CalWORKs program implementation on aided families and on local communities.

(e) Assist counties, the Legislature, and state agencies in determining what adjustments are required in the program.

chapter: 1.5. Performance Outcome Incentives Monitoring


text: Commencing no later than April 1, 2007, the department, on a periodic, but no less frequently than a quarterly basis, shall publish available data reported by counties regarding caseload characteristics, welfare-to-work performance outcomes, engagement rates, and other outcomes consistent with Sections 10534 and 10540.5. The department shall consult with the County Welfare Directors Association, legislative staff, and other stakeholders, when developing the data sources, methodology, and format for the data to be published.

history: (History: Added by Stats. 2006, Ch. 75, Sec. 27.6. Effective July 12, 2006.)


text:
The department shall consult with experts in monitoring and research, and representatives of counties, the Legislature, and appropriate state agencies in the development and implementation of the system of performance outcomes, which shall include, but are not limited to, the following:

(a) Success of welfare-to-work, including the rate of movement to employment, earnings for CalWORKs recipients and those who have left the CalWORKs program, and job retention rates. This shall include the extent to which recipients have obtained unsubsidized employment in each of their years on aid.

(b) Rates of child support payment and collection.

(c) Child well-being, including entries into foster care, at-risk births, school achievement, child poverty, and child abuse reports.

(d) Changes in the demand for general assistance.

(e) Supply, demand, and utilization of support services by CalWORKs recipients, including child care, transportation, mental health services, and substance abuse treatment.

(f) The number of identified families affected by domestic violence.


text:
The department, in consultation with experts in research and program evaluation and representatives of counties, the Legislature, and appropriate state agencies, shall do both of the following, by March 1, 1998:

(a) Identify methods by which to collect data on the outcomes set forth in Section 10541, using, to the extent possible, data that is available and does not require the establishment of new data collection processes at the county level.

(b) Develop consistent data collection standards.


text: Each county shall participate in monitoring performance outcomes by collecting and reporting data in the manner established by Section 10541.


text:
(a) Each county shall, as part of its CalWORKs plan, identify outcomes to be tracked on the local level that are in addition to any required to be tracked statewide. These outcomes shall be identified through a collaborative process that includes all local agencies and stakeholders concerned with the implementation of the CalWORKs program and its effects on local communities. The outcomes identified may reflect goals for CalWORKs implementation established by the local community, possible negative outcomes the local community wishes to monitor, or both.

(b) The process of local identification of outcomes shall be designed to contribute to greater collaboration among county public and private agencies that serve current and former CalWORKs recipients. The outcomes identified shall be those that can be tracked in a cost-effective manner. To the extent counties identify the same outcomes, the department shall provide technical assistance to ensure consistency among the counties.

(c) The outcomes that each county plans to monitor shall be included in its county CalWORKs plan. The plan shall identify the outcomes, the data the county intends to collect to monitor the outcomes, and the method of data collection the county intends to use.


text:
(a) Within six months of CalWORKs implementation, each county, in conjunction with the department, shall determine a baseline for the data to be collected to meet both state and local need. The baseline shall be used in subsequent years to determine whether or not the county’s outcomes are improving.

(b) If a county fails to meet outcomes required by federal law, the county, in consultation with the department, shall develop and implement a corrective action plan.

(c) If outcomes have not improved over the baseline, the county and the department shall evaluate the reasons. To the extent the county and the department determine that county and state actions could positively influence the outcomes, they shall mutually develop and implement a corrective action plan.

(d) In both cases, the corrective action plan shall identify actions that shall be taken by the county and by appropriate state agencies.


text:
(a) If the department finds that a county is experiencing significantly worsened outcomes, it shall report this finding to the Chairs of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Health and Human Services, and the Assembly Committee on Human Services.

(b) If the state does not achieve the outcomes required by federal law and, as a result, is subject to a fiscal penalty, the penalty shall be shared equally by the state and the counties after exhaustion of all reasonable and available federal administrative remedies. If a county’s single allocation pursuant to Section 15204.2 is reduced by the state to offset the county’s share of any federal penalty imposed pursuant to this section, the county shall be required to utilize county general funds to replace the offset amount, so that total funding remains equal to the county’s single allocation. These funds shall be in addition to the funds required to meet the maintenance-of-effort requirement pursuant to Section 15204.4. Only those counties that have failed to meet the federal requirements shall be required to share in the fiscal penalty imposed on the state. Those counties’ share of the penalty imposed on the state shall equal 50 percent of that penalty. Each county’s share of the penalty shall be based, in consultation with the County Welfare Directors Association, on the county’s degree of performance that contributes to the failure to meet the federal requirement.

(c) A county may be provided relief, in whole or in part, from a penalty imposed pursuant to subdivision (b) if the department determines that there were circumstances beyond the control of the county. A county may also be provided relief based on the degree of success or progress in meeting federal requirements, and, to the extent that there are differences between state and federal program requirements, the degree of success in meeting state participation requirements. Any adjustment made pursuant to this subdivision shall be reported to the Chair of the Joint Legislative Budget Committee. If a county is granted relief, that portion of the total penalty shall not be imposed on the other counties that failed to meet the federal requirements.

(d) A county that fails, without good cause, to submit accurate and timely data used to measure work participation, as required by the department, shall be deemed to have failed to meet applicable federal requirements. For purposes of this subdivision, good cause includes, but is not limited to, the lack of accurate, timely, and complete instructions from the department.

(e) The amendments made to subdivision (b) by the amendment of this section in 2006 by Chapter 75 of the Statutes of 2006, clarify existing law, as enacted by Assembly Bill 1542 (Ch. 270, Stats. 1997).

(f) (1) The department shall consult with the workgroup created pursuant to Section 11523, in the fall of 2022, to develop recommendations to address the existing emphasis on the federal work participation rate and penalty pass-on structure, as described in this section, while optimizing the implementation of the first cycle of the CalWORKs Outcomes and Accountability Review (Cal-OAR) process. The department shall submit a report of recommendations to the Legislature on or before April 15, 2023.

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

(g) This section does not apply to any federal fiscal penalties imposed as a result of not meeting federal work participation rate requirements on or after October 1, 2025.

history: (History: Amended by Stats. 2025, Ch. 79, Sec. 7. (SB 119) Effective July 29, 2025.)


text:
(a) It is the intent of the Legislature to provide counties with grant savings as defined in subdivisions (d) and (e) subject to the amounts appropriated in the annual Budget Act.

(b) It is the intent of the Legislature that the counties use the funds, when appropriated, to do all of the following:

(1) Improve the quality of jobs provided to recipients.

(2) Help individuals attain long-term self-sufficiency.

(3) Prevent the need for CalWORKs benefits for those families making the transition from the CalWORKs program.

(c) It is further the intent of the Legislature to evaluate the efforts of counties in using the funds to improve the state’s understanding of how best to assist families in attaining long-term and sustained self-sufficiency.

(d) In order to provide counties with additional incentive to move CalWORKs recipients to employment, each county shall receive the state share of savings, including federal funds under the Temporary Assistance for Needy Families block grant subject to the amounts appropriated in the annual Budget Act, resulting from the following outcomes:

(1) Recipients exiting the program due to employment that has lasted a minimum of six months.

(2) Increased earnings by recipients due to employment.

(3) Diversion of applicants from the program pursuant to Section 11266.5 for six months in addition to the number of months equivalent to the diversion payment.

(e) (1) For purposes of subdivision (d), the department, shall apply the method for valuing the outcomes to determine county share of savings that was utilized in fiscal years 1998–99 and 1999–2000, except that increased earning by recipients due to employment shall be valued at 50 percent of actual grant savings instead of 100 percent.

(2) The method shall be adjusted as appropriate, and determined in consultation with program stakeholders, to account for any changes made to the Temporary Assistance to Needy Families program requirements for block grant funding levels as a result of Congressional reauthorization of the program in 2002.

(f) The funds allocated to counties pursuant to subdivisions (d) and (e) that are federal Temporary Assistance for Needy Families block grant funds shall be used only for purposes for which these federal funds may be used. The funds that are state General Fund dollars shall be expended for purposes directly connected to the CalWORKs program and countable towards the state maintenance of effort level required by federal law, unless the Director of Finance determines that all or part of the funds are not needed in that fiscal year to meet the required maintenance of effort. Any unexpended funds may be retained by each county for expenditure in subsequent fiscal years for purposes consistent with this subdivision.

(g) (1) Notwithstanding Section 11250 or any other provision of law, commencing October 1, 2000, exclusively for purposes of county performance incentives provided under this section and exclusively for purposes of providing nonassistance services pursuant to Section 42 U.S.C. Sec. 601(a)(1) and (2) to families not receiving aid under this chapter, “needy families” also includes any family in which the minor child is living with a parent or adult relative caregiver and the family’s income is less than 200 percent of the official federal poverty guidelines applicable to a family of the size involved.

(2) A county shall not expend more than 25 percent of its performance incentive funds for purposes of this subdivision.

(3) For purposes of this subdivision, “nonassistance services” means services that do not constitute assistance as defined in applicable federal law and regulations governing the Temporary Assistance for Needy Families program.

(h) Each county shall submit a plan to the department describing how it intends to expend its fiscal incentive funds and how the benefits and services relate to the issue of sustaining self-sufficiency. The plan shall also describe how these services will be coordinated with other services within the community that are funded from sources such as the county’s single allocation, Welfare-to-Work grants, and community college funds.

(i) Each county shall report quarterly on the actual expenditure of funds under this section and shall complete a self-evaluation report annually on the results of the benefits and services provided and any lessons the county has learned from the approach it has taken.

(j) The department shall evaluate the programs that have been supported by county incentive funds to determine the extent to which the goals of the TANF program and the goals specified in this section are achieved.

(k) Acceptance of incentive funds beginning with the 2000–01 fiscal year shall constitute a waiver of any claim, cause of action, or action whenever filed, with respect to fiscal incentives earned through the 1999–2000 fiscal year under subdivision (c) of this section as enacted by Chapter 270 of the Statutes of 1997, but not allocated to counties by the department.

(l) This section shall not be interpreted to entitle any individual or family to assistance or services under any program created and funded under this section.

history: (History: Amended by Stats. 2000, Ch. 108, Sec. 24.5. Effective July 10, 2000.)


text: CalWORKs performance incentive funds allocated to counties under Items 5180-101-0001 and 5180-101-0890 of the Budget Act of 2002 shall be available for encumbrance and expenditure by the county until all of the funds are expended, without regard to fiscal years.

history: (History: Added by Stats. 2003, Ch. 225, Sec. 26.5. Effective August 11, 2003.)


text:
(a) There is hereby created a welfare reform steering committee comprised of a representative of the California Health and Human Services Agency, who shall chair the committee, the Department of Finance, the State Department of Social Services, the California State Association of Counties, the County Welfare Directors Association of California, representatives of the Legislature appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, the minority leader of the Assembly, and the minority leader of the Senate, and two public members appointed by the Secretary of California Health and Human Services.

(b) The steering committee shall:

(1) Provide advice and consultation on implementation issues related to welfare reform.

(2) Perform other duties as described elsewhere in this division.

history: (History: Amended by Stats. 2011, Ch. 227, Sec. 26.5. (AB 1400) Effective January 1, 2012.)


text:
(a) The Legislature finds and declares that the direction outlined in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program pursuant to Section 302 of the federal Fiscal Responsibility Act of 2023 (Public law 118-5; 42 U.S.C. Sec. 611(e)) calls for “innovations that re-envision employment and training opportunities as aligned with family goals,” and recognizes that “family well-being occurs when all family members are safe, healthy, and have chances for educational advancement and economic mobility.”

(b) The State Department of Social Services shall apply to the United States Secretary of Health and Human Services to participate in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program pursuant to Section 302 of the federal Fiscal Responsibility Act of 2023 (Public law 118-5; 42 U.S.C. Sec. 611 (e)).

(c) The intent of the Legislature is to continue to reimagine CalWORKs into a trauma-informed, family-centered program that maximizes family and child well-being while building meaningful pathways out of poverty.

(d) To meet the goals of subdivision (c), the department may consider the following reforms: modify the existing welfare-to-work process to be family centered; align sanctions to the minimum federal requirements; and repeal the federal work participation rate penalty passthrough.

(e) The reforms pursuant to subdivision (d) may be as considered part of the department’s application to the United States Secretary of Health and Human Services to participate in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program pursuant to Section 302 of the federal Fiscal Responsibility Act of 2023 (Public law 118-5; 42 U.S.C. Sec. 611(e)) or as statewide initiatives that the department pursues. The department shall provide to the Legislature a set of any necessary statutory changes no later than January 10, 2025, in order to align state policy to the goals of the federal pilot program, including comprehensive cost estimates by policy change as described in subdivision (d), or other changes as part of the application, for the 2025–26 fiscal year and ongoing.

(f) In implementing this section, the department shall consult legislative staff, representatives of county human services agencies, the County Welfare Directors Association of California, advocate representatives, and labor organizations that represent county workers.

history: (History: Added by Stats. 2024, Ch. 46, Sec. 11. (AB 161) Effective July 2, 2024.)


text: It is the intent of the Legislature for clause (ii) of subparagraph (C) of paragraph (13) of subdivision (b) of Section 8257 to measure point-in-time data and trends of homelessness, housing instability, and utilization of housing services among individuals and families in programs administered by the State Department of Social Services, including, but not limited to, the CalWORKs program. Upon access to the data, development of a match and analysis methodology, the successful match of data, and a methodologically feasible approach, the department shall capture this point-in-time data and trends on an annual basis and disclose the data in compliance with the Information Practices Act of 1977.

history: (History: Added by Stats. 2024, Ch. 46, Sec. 12. (AB 161) Effective July 2, 2024.)


text: There is in the Health and Welfare Agency a State Department of Social Services.

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

chapter: 2. State Department of Social Services

article: 1. Organization

path: 9. PUBLIC SOCIAL SERVICES > 2. State Department of Social Services > 1. Organization


text: The department consists of the director, the State Social Services Advisory Board, and such divisions or other administrative units as the director may find necessary.

article: 1. Organization


text:
With the consent of the Senate, the Governor shall appoint, to serve at his pleasure, an executive officer who shall be director of the department. The director shall be appointed wholly on the basis of training, demonstrated ability, experience, and leadership in organized social welfare administration. He shall receive the salary provided for by Chapter 6 (commencing with Section 11550), Part 1, Division 3, Title 2 of the Government Code.

The Governor also may appoint, to serve at his pleasure, not to exceed two chief deputy directors of the department, and one deputy director of the department who shall be the deputy director for the social services division. The salaries of the chief deputy directors and the deputy director shall be fixed in accordance with law.

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

article: 1. Organization


text:
The director shall:

(a) Be responsible for the management of the department.

(b) Administer the laws pertaining to the administration of public social services, except health care services and medical assistance.

(c) Observe and report to the Governor on the conditions of public social services, except health care services and medical assistance, throughout the state.

(d) Perform the disability determination function pursuant to Titles II and XVI of the federal Social Security Act.

(e) Formulate, adopt, amend or repeal regulations and general policies affecting the purposes, responsibilities, and jurisdiction of the department and which are consistent with law and necessary for the administration of public social services, except health care services and medical assistance, and the disability determination function pursuant to Titles II and XVI of the federal Social Security Act.

All regulations relating to public social services, except health care services and medical assistance, or relating to the disability determination function pursuant to Titles II and XVI of the federal Social Security Act, the licensing of community care facilities, or any other function vested in the department, heretofore adopted by the State Department of Health, the State Department of Benefit Payments, or any predecessor department, and in effect immediately preceding the operative date of amendments to this section enacted by the Legislature during the 1977–78 Regular Session, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the director.

(f) Perform such other duties as may be prescribed by law, and such other administrative and executive duties as have by other provisions of law been previously imposed.

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

article: 1. Organization


text:
(a) Notwithstanding any other law, the department shall, upon an Indian tribe’s request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.

(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).

(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.

(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.

(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.

(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.

(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the county’s jurisdiction.

(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.

(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds.

(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.

(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.

history: (History: Amended by Stats. 2022, Ch. 573, Sec. 14. (AB 207) Effective September 27, 2022.)

article: 1. Organization


text: Child welfare services allocation methodologies for agreements entered into pursuant to Section 10553.1 shall be developed in consultation with the State Department of Social Services, the affected counties, and the affected Indian tribe, consortium of tribes, or tribal organization.

history: (History: Amended by Stats. 2010, Ch. 725, Sec. 13. (AB 1612) Effective October 19, 2010.)

article: 1. Organization


text:
(a) Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to license or approve a home for the purpose of foster or adoptive placement of an Indian child.

(b) An Indian child, as defined in Section 224.1, who has been removed pursuant to Section 361, from the custody of their parents or Indian custodian may be placed in a tribally approved home, as defined in subdivision (r) of Section 224.1.

(c) To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks pursuant to Section 8712 of the Family Code, a tribe or tribal organization may request from the Department of Justice federal and state summary criminal history information and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children.

(d) As used in this section, a “tribal organization” means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the federal Indian Child Welfare Act for the purpose of placing an Indian child into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of, and grant exemptions to, individuals who are prospective foster parents or adoptive parents, an adult who resides or is employed in the home of an applicant for approval, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the tribal organization who may have contact with children.

(e) A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification by the tribe or tribal organization of the following:

(1) The tribe or tribal organization has completed a criminal record background check in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c).

(2) The tribe or tribal organization has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribe or tribal organization by the Department of Justice, of any subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed.

(3) If the tribe or tribal organization in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision.

(f) Tribal home approvals conducted in compliance with this section are not subject to resource family approval requirements.

history: (History: Amended by Stats. 2024, Ch. 656, Sec. 25. (AB 81) Effective September 27, 2024.)

article: 1. Organization


text:
(a) (1) The Tribally Approved Homes Compensation Program is hereby established to provide funding, as described in this section, to eligible Indian tribes to assist in funding the costs associated with recruiting and approving homes for the purpose of foster or adoptive placement of an Indian child as described in Section 10553.12. Funding is limited to eligible Indian tribes as described in subdivision (b).

(2) Subject to an appropriation in the annual Budget Act for the express purpose described in paragraph (1), the department shall provide each eligible Indian tribe, as described in subdivision (b), an annual allocation of seventy-five thousand dollars ($75,000) for the purpose described in paragraph (1). If the annual Budget Act provides for an allocation of more than seventy-five thousand dollars ($75,000) per eligible Indian tribe, then each eligible Indian tribe shall receive an adjusted allocation within and for that same fiscal year. The adjusted allocation shall be based on a methodology considering the number of Indian children in foster care or prospective adoptive placements through the juvenile court. The allocation methodology and the implementation plan shall be established by the department in government-to-government consultation with tribes no later than June 30, 2023. The department shall provide an update to legislative staff and stakeholders on the progress of implementation of this section, preferably by January 1, 2023, but no later than February 1, 2023.

(3) For purposes of this section, the following definitions apply:

(A) “Department” means the State Department of Social Services.

(B) “Indian tribe” means any federally recognized Indian tribe located in California or with lands that extend into California.

(b) To be eligible for an allocation of funds under this section, an Indian tribe shall enter into an agreement with the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1919). An Indian tribe may designate another entity to administer the allocation of funds on the Indian tribe’s behalf upon designation by the Indian tribe for this purpose. An Indian tribe that seeks funding pursuant to this section shall submit a letter of interest to the department each year by a deadline established by the department through government-to-government consultation with Indian tribes. The agreement shall contain, but not be limited to, the following terms:

(1) A timeline for the distribution of funds by the department.

(2) A description of how the Indian tribe will administer the funds.

(3) A description of the Indian tribe’s staffing needs to administer the program, including recruitment, retention, and training.

(4) The estimated number of homes the Indian tribe will assess and potentially approve for foster or adoptive placement per year.

(5) The number of existing foster or prospective adoptive homes approved by the Indian tribe, if applicable.

(6) A description of the existing or planned recruitment activities and processes that will be developed, including meeting criminal background check requirements.

(7) If the Indian tribe plans to designate another entity to administer the funds, the name of that entity.

(c) An Indian tribe that receives funding pursuant to this section shall submit a progress report to the department. The progress report shall be submitted to the department on or before September 1 following the close of the fiscal year in which the Indian tribe received an allocation. The progress report shall include all of the following information for the fiscal year that was funded:

(1) A description of how the Indian tribe administered the funds.

(2) A description of how the funds were used to meet the Indian tribe’s staffing needs to administer the program, including recruitment, retention, and training.

(3) The number of homes the Indian tribe assessed and approved for foster or adoptive placement for the fiscal year the funds were allocated.

(4) The number of existing foster or prospective adoptive homes approved by the Indian tribe, if applicable.

(5) A description of the existing or planned recruitment activities and processes that were developed, including meeting the criminal background check requirements.

(d) The department shall annually provide to the budget committees of the Legislature a report summarizing the information and data provided by the Indian tribes in their progress reports to the department. The annual report shall be submitted to the budget committees no later than January 31 following the close of the fiscal year covered by the tribe’s progress reports. The report shall include, but be not be limited to, all of the following:

(1) The total amount of funds allocated by the department for the program.

(2) The number of Indian tribes that received an allocation of funds during the fiscal year and the amount of funds allocated to each Indian tribe.

(3) A summary of the data submitted to the department by the Indian tribes pursuant to paragraphs (1) to (3), inclusive, of subdivision (c).

(e) The department shall seek federal approvals or waivers necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) in order to maximize funding for the purpose described in this section.

(f) An agreement entered into pursuant to this section may be revoked by either party upon a 180-day written notice to the other party.

(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 issue written guidance to implement, interpret, or make specific this section without taking any regulatory action.

history: (History: Amended by Stats. 2024, Ch. 656, Sec. 26. (AB 81) Effective September 27, 2024.)

article: 1. Organization


text:
(a) The Tribal Dependency Representation Program is hereby established to provide funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding legal counsel to represent the Indian tribe in a California Indian child custody proceeding, as defined by subdivision (d) of Section 224.1, that is initiated or ongoing in the juvenile court. An Indian tribe may designate another entity to administer the allocation of funds on a tribe’s behalf upon designation by the tribe for this purpose. There shall be no tribal share of cost for any agreement executed under this section.

(b) To be eligible for an allocation of funds under this allocation, an Indian tribe shall enter into an agreement with the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code.

(c) An Indian tribe that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services. The letter shall include all of the following:

(1) The approximate number of Indian child custody proceedings, as defined by subdivision (d) of Section 224.1, involving an Indian child who is a member of the tribe or eligible for membership in the tribe that were initiated or ongoing in the juvenile court in the preceding 12 months.

(2) The approximate number of cases in an appellate court or the California Supreme Court involving an Indian child in which the tribe was an active participant in the preceding 12 months.

(3) The approximate number of Indian child custody cases for which the tribe will be served by the legal counsel funded through the allocation provided by this section in the upcoming year.

(4) If the tribe plans to designate another entity for representation, the name of that entity.

(d) Subject to an appropriation in the annual Budget Act for the express purpose described in this section, the State Department of Social Services shall provide each eligible Indian tribe, as described in subdivision (a), that enters into an agreement pursuant to subdivision (b) and submits a letter of interest pursuant to subdivision (c), an annual base allocation of fifteen thousand dollars ($15,000) for the purpose described in subdivision (a). If the annual Budget Act provides for an allocation of funds of more than fifteen thousand dollars ($15,000) per eligible tribe, then each eligible tribe shall receive an adjusted allocation within and for that same fiscal year. The allocation methodology and the implementation plan shall be established by the department in government-to-government consultation with tribes. The department shall provide an update to legislative staff and stakeholders on the progress of implementation of this section, preferably by January 1, 2023, but no later than February 1, 2023.

(e) An Indian tribe that receives funds pursuant to this section shall submit a progress report to the department. The progress report shall be submitted on or before September 30 following the close of the fiscal year in which funding was received. The report shall include all of the following information:

(1) The total number of Indian child custody proceeding hearings and the number of hearings attended by the Indian tribe with legal representation paid for with this allocation.

(2) The counties in which the hearings were held.

(3) The total number of appellate proceedings and the number of appellate proceedings in which counsel paid for with this allocation appeared on behalf of the tribe.

(f) The department shall seek federal approvals or waivers necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) in order to maximize funding for the purpose described in this section.

(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, interpret, or make specific this section without taking any regulatory action.

(h) This section shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for this purpose.

(i) It is the intent of the Legislature that the state provide the adequate level of funding for legal representation for tribes in child welfare proceedings pursuant to this section, and that the state consider how well the objectives of this policy are being met with the funding appropriated in the annual Budget Act.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 33. (AB 120) Effective July 10, 2023.)

article: 1. Organization


text:
(a) The CalWORKs Indian Health Clinic Program is established to provide funding to Indian health clinics to provide substance abuse and mental health treatment services, and other related services authorized under the CalWORKs program, to CalWORKs applicants and recipients and tribal Temporary Assistance for Needy Families (TANF) applicants and recipients living in California.

(b) For purposes of this section, “applicants and recipients” includes individuals who self-attest to an Indian health clinic as either having applied for, or currently receiving, CalWORKs or tribal TANF assistance. An Indian health clinic may also provide services under this section to an individual the clinic verifies is enrolled in the Medi-Cal program, or who self-attests to their enrollment in the Medi-Cal program. An Indian health clinic may accept self-attestation, as described in this subdivision, as conclusive proof of eligibility for services under this section, and is not required to further verify eligibility.

(c) (1) At the beginning of each state fiscal year, an Indian health clinic may choose to request an advance payment in an amount equal to not more than 50 percent of the total allocated amount, contingent upon both of the following:

(A) A written request for an advance payment from the Indian health clinic.

(B) The grantee’s timely and accurate submission within 45 days of the beginning of the fiscal year, and the department’s approval within 90 days of the completed submission, of the data reports required under the agreement, budget expenditure reports, and an annual reconciliation report, from the prior year.

(2) The department shall remit the advance payment requested pursuant to paragraph (1) if funds have been appropriated through the annual Budget Act.

(3) The department shall remit the remainder of the total allocated amount as a reimbursement when in receipt of a written request and supporting documents from the Indian health clinic.

history: (History: Repealed and added by Stats. 2024, Ch. 663, Sec. 2. (AB 2795) Effective January 1, 2025.)

article: 1. Organization


text:
(a) The Legislature finds and declares all of the following:

(1) American Indian and Alaska Native children continue to be overrepresented in the California foster care system.

(2) The historic policies of the state and federal governments have specifically targeted American Indian and Alaska Native children for removal from their families and tribal communities, the legacy of which continues to ripple through generations of American Indian and Alaska Native families in California.

(3) The historic policies of the state and federal governments specifically have not honored treaty obligations to tribal nations in California that would have provided for the health and welfare of tribal children and families.

(4) Tribal nations within California are experts in determining the best interest of their members and citizens and preserving tribal families, but lack funding to support culturally responsive family preservation services.

(b) It is the intent of the Legislature in enacting this act to support federally recognized tribes in California in developing and implementing prevention services and to ensure equitable funding for California’s tribal families.

(c) Subject to an appropriation by the Legislature, the Tribal Foster Care Prevention Initiative is hereby established to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs, including staffing and administrative, associated with services aimed at preserving families and preventing the entry of children into foster care.

(d) Services under this section shall be focused on prevention services determined by the federally recognized tribe and may include any of the following:

(1) Concrete supports to a family to address immediate needs, such as childcare, transportation, housing, utilities, and food.

(2) Behavioral health and wellness services.

(3) Cultural or traditional activities.

(4) Parenting support, education, and training services.

(e) To be eligible for an allocation of funds under this section, an eligible federally recognized tribe as described in subdivision (c) shall enter into an agreement provided by the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code.

(f) A federally recognized tribe that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services by May 1 of each year. The letter shall include all of the following:

(1) The name of the tribe and the identified contact person.

(2) The approximate number of Indian children, as defined by Section 224.1, in the tribe.

(3) The approximate number of children identified in paragraph (2) that were in foster care in the previous fiscal year.

(g) Subject to an appropriation in the annual Budget Act for the express purpose described in this section, the State Department of Social Services shall provide each eligible federally recognized tribe, as described in subdivision (c), that enters into an agreement pursuant to subdivision (e) and submits a letter of interest pursuant to subdivision (f), an annual allocation. The annual allocation for each eligible federally recognized tribe shall be based on an equal division of the allocated funds amongst the eligible federally recognized tribes opting in for that year.

(h) A federally recognized tribe that receives funds pursuant to this section shall submit a progress report to the department. The progress report shall be submitted on or before September 30 following the close of the fiscal year in which funding was received. The report shall include all of the following:

(1) The total number of children that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year.

(2) The total number of families that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year.

(3) The number of Indian children, as defined by Section 224.1, that received prevention services pursuant to the Tribal Foster Care Prevention Initiative and entered foster care within 12 months.

(4) A description of the type or types of prevention services provided pursuant to the Tribal Foster Care Prevention Initiative to Indian children, as defined by Section 224.1, and their families.

(5) A description of how the funding has impacted the tribe’s capacity to increase services to Indian children, as defined by Section 224.1, and their families.

(6) A description of the outcomes achieved.

(i) The department shall provide an update in writing to legislative staff, federally recognized tribes, and stakeholders on the progress of implementation of this section by February 1, 2028.

(j) 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 this section without taking any regulatory action.

(k) The department shall only perform the duties under this section to the extent funding has been provided expressly for this purpose.

history: (History: Added by Stats. 2026, Ch. 26, Sec. 17. (AB 152) Effective June 29, 2026.)

article: 1. Organization


text:
(a) The department shall make an annual allocation of funds appropriated for the purpose of this subdivision to all eligible federally recognized American Indian tribes with reservation lands or rancherias located in this state that administer a program pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193).

(b) The department shall collect and maintain specific available data for each tribe in this state for federal fiscal year 1994 for the purpose of the implementation and administration of the federal program.

(c) The department shall submit requests on behalf of tribes, for all applicable federal waivers and exemptions for all eligible federally recognized American Indian tribes located on reservations and rancherias, or for consortia of tribes, for the administration of the CalWORKs program, whether or not tribes administer an approved Temporary Assistance for Needy Families (TANF) plan, independent of any county participation, demographics, or circumstances.

(d) Each county, in the administration of the CalWORKs program, shall consult with all eligible federally recognized tribes within any portion of the county, for the purpose of providing American Indian recipients with equitable access to assistance under the state program or an approved tribal TANF program if implemented in the county, and for the consideration of transfers of administration responsibilities to those entities.

(e) Beginning July 1, 2006, state funding for tribal TANF programs provided pursuant to this section shall be based on the caseload used to develop the Tribal Family Assistance Grant negotiated with the Administration for Children and Families and the state. Tribal TANF programs shall do both of the following:

(1) Report to the department, on a quarterly basis, the aggregated data, as reported by tribal TANF programs to the federal Department of Health and Human Services pursuant to paragraph (2) of subdivision (b) of Part 286.255 of Title 45 of the Code of Federal Regulations, and any additional federal data required to meet the state maintenance of effort (MOE) reporting requirements.

(2) Provide the department, on an annual basis, corresponding with the program’s fiscal year, a certified audit in accordance with the requirements of the federal Office of Management and Budget (OMB) Circular A-133.

(f) In no case shall the state match under subdivision (e) exceed the original state share designated for the tribal TANF program in the original negotiation of 1994 caseload counts.

(g) The department shall amend the state TANF plan to reflect that the state adopts by reference the federally approved financial eligibility criteria established by each tribal TANF program as the state’s financial eligibility criteria when determining eligibility for state funded services provided by tribal TANF programs.

(h) Beginning July 1, 2005, the department shall not reduce county single allocations to offset funding provided for tribal TANF programs. The department may adjust county single allocations to reflect the actual caseload declines associated with the number of Native American cases transferring from the counties to the tribal TANF programs.

history: (History: Amended by Stats. 2006, Ch. 75, Sec. 28. Effective July 12, 2006.)

article: 1. Organization


text:
The department shall 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 department only in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, provided that the regulations need not be printed in the California Code of Regulations or California Administrative Register if they are included in the publications of the department.

In adopting regulations the department shall strive for clarity of language that may be readily understood by those administering public social services or subject to the 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 the forms, reports or records.

history: (History: Amended by Stats. 1999, Ch. 887, Sec. 5. Effective January 1, 2000.)

article: 1. Organization


text: Subject to the State Civil Service Act, the director shall appoint such assistants and other employees as are necessary for the administration of the affairs of the department and shall prescribe their duties and, subject to the approval of the Department of Finance, fix their salaries.

history: (History: Amended by Stats. 1971, Ch. 1593.)

article: 1. Organization