text:
(a) Notwithstanding any other law and to the extent permitted by federal law, a Chiquita Canyon elevated temperature landfill event payment received by a taxpayer shall not be considered income or resources for purposes of determining eligibility for benefits, or the amount of benefits, under a means-tested program, including, but not limited to, any of the following:

(1) Childcare and development programs, as defined in Section 10213.5.

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

(3) The Kinship Guardianship Assistance Payment (Kin-GAP) Program, as described in Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3.

(4) The State Supplementary Program (SSP) for Aged, Blind and Disabled, as described in Chapter 3 (commencing with Section 12000) of Part 3.

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

(6) The Adoption Assistance Program (AAP), as described in Chapter 2.1 (commencing with Section 16115) of Part 4.

(7) General assistance programs, as described in Chapter 1 (commencing with Section 17000) of Part 5.

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

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

(10) The Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI), as described in Chapter 10.3 (commencing with Section 18937) of Part 6.

(b) Notwithstanding any other law and to the extent permitted by federal law, a Chiquita Canyon elevated temperature landfill event payment received by a taxpayer shall not be considered income or resources for purposes of determining eligibility for guaranteed income payments or the amount of those guaranteed income payments.

(c) For purposes of this section:

(1) “Chiquita Canyon elevated temperature landfill event payment” has the same meaning as defined in Sections 17157.5 and 24309.9 of the Revenue and Taxation Code.

(2) “Guaranteed income payments” means unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs or projects receiving funding from the California Guaranteed Income Pilot Program, as described in Chapter 16 (commencing with Section 18997) of Part 6, or payments provided through locally funded programs.

history: (History: Added by Stats. 2025, Ch. 17, Sec. 26. (SB 132) Effective June 27, 2025.)


kind: section

code: WIC

text:
(a) No person having private health care coverage shall be entitled to receive the same health care items or services furnished or paid for by a publicly funded health care program.

(b) As used in this chapter:

(1) “Publicly funded health care program” shall mean care or services rendered by a local government or any facility thereof, or health care services for which payment is made under the California Medical Assistance Program established by Chapter 7 (commencing with Section 14000) of Part 3 of this division by the State Department of Health Services or by its fiscal intermediary, or by a carrier or other organization with which the State Department of Health Services has contracted to furnish those services or to pay providers who furnish those services.

(2) As used in this chapter, “private health care coverage” means any health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service.

(c) If a person receives health care furnished or paid for by a publicly funded health care program, the carrier of the person’s private health care coverage shall reimburse the publicly funded health care program the cost incurred in rendering that care to the extent of the benefits provided under the terms of the policy for the items provided or the services rendered.

history: (History: Amended by Stats. 2007, Ch. 188, Sec. 32. Effective August 24, 2007.)

division: 9. PUBLIC SOCIAL SERVICES

chapter: 1.5. Health Care Insurance

path: 9. PUBLIC SOCIAL SERVICES > 1.5. Health Care Insurance


text:
(a) Each publicly funded health care program, as defined in paragraph (1) of subdivision (b) of Section 10020, that furnishes or pays for health care items or services under this division to a person having private health care coverage shall be entitled to be subrogated to the rights that person has against the carrier of the coverage to the extent of the health care items provided or services rendered.

(b) An entity providing private health care coverage, as defined in paragraph (2) of subdivision (b) of Section 10020, shall do all of the following:

(1) Accept the state’s right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan, waivers granted in accordance with Section 1315 or 1396n of Title 42 of the United States Code, or through a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101.

(2) Respond to an inquiry by the state or a provider, as defined in subdivision (o) of Section 14043.1, including a billing agent or a billing agent of the provider, as defined in subdivision (a) of Section 14040.1, or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, regarding a claim for payment for a health care item or service that is submitted not later than three years after the date of the provision of that health care item or service.

(3) Agree not to deny a claim submitted by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, or in the case of a responsible third party, a failure to obtain a prior authorization for the item or service for which the claim is being submitted if both of the following occur:

(A) The claim is submitted by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, within the three-year period beginning on the date on which the item or service was furnished.

(B) An action by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, to enforce its rights with respect to that claim is commenced within six years of the state’s or provider’s submission of the claim.

(4) Request a refund of a claim paid in error no later than three years from the date the payment was made to the State Department of Health Care Services. The State Department of Health Care Services shall not refund a claim paid in error if the request for a refund is more than three years from the date the payment was made to the State Department of Health Care Services.

(5) Respond to a request for payment by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in paragraph (2), within 60 days by providing one of the following:

(A) Payment on the claim.

(B) A written request for additional information necessary to process the claim.

(C) A written explanation for the denial of the claim.

history: (History: Amended by Stats. 2024, Ch. 492, Sec. 16. (SB 1511) Effective January 1, 2025.)


text: Every contract or agreement for private health care coverage entered into or renewed after January 1, 1972, is deemed to provide for payment to a publicly funded health care program for the actual cost that the program incurs in providing health care items or rendering health care services to any party or beneficiary of that contract or agreement to the extent of the benefits provided under the terms of the policy for the items provided or services rendered.

history: (History: Amended by Stats. 2007, Ch. 188, Sec. 34. Effective August 24, 2007.)


text:
The state shall not reimburse any local government or any facility thereof, under Medi-Cal or under any other health program where the state pays part or all of the costs, for care provided to a person covered under any disability insurance, health insurance, or prepaid health plan.

In local programs fully or partially funded by the state, state participation shall be reduced in an amount proportionate to the cost of service provided to a person violating Section 10020.

history: (History: Added by Stats. 1971, Ch. 812.)


text: Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.

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

chapter: 2. Definitions

path: 9. PUBLIC SOCIAL SERVICES > 2. Definitions


text: “Public social services” means those activities and functions of state and local government administered or supervised by the department or the State Department of Health Services and involved in providing aid or services or both, including health care services and medical assistance, to those people of the state who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.

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


text: “Aid” means financial assistance provided to or in behalf of needy persons under the terms of this division, including direct money payments and vendor payments.


text:
(a) “Services” means those activities and functions performed by social work staff and related personnel of the department and county departments with or in behalf of individuals or families, which are directed toward the improvement of the capabilities of the individuals or families maintaining or achieving a sound family life, rehabilitation, self-care, and economic independence.

(b) Services for children shall include the coordinated efforts of the State Departments of Social Services and Education to ensure that all children in receipt of aid under CalWORKs are afforded the opportunity to participate and progress under an educational program that will lead to their functioning at full capacity upon reaching maturity. The educational services aspect of public social services includes education for parents in food preparation and provision for nutritional supplements to the extent necessary and as authorized by Article 9 (commencing with Section 49510 of Chapter 9 of Part 27 of the Education Code.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 700. Effective January 1, 2007.)


text: Funding of Sections 10053 and 14503 is subject to the provisions of Part 1.5 (commencing with Section 10100). The level of funding for Sections 14503 and 14504 shall not fall below the total amount appropriated for family planning services in the 1977–78 fiscal year.

history: (History: Amended by Stats. 1980, Ch. 676, Sec. 345. Note: Conditions in Stats. 1978, Ch. 1235, Sec. 14, for repeal of this section failed.)


text: “Department” means the State Department of Social Services.


text: “Director” means the Director of Social Services.


text: “Board” means the State Social Services Advisory Board. Whenever any reference is made in any provision of law to the “State Benefits and Services Advisory Board”, it shall mean the State Social Services Advisory Board.


text: “Board of supervisors” means the county board of supervisors.


text: “County department” means the county agency designated by the board of supervisors, or by such other authority as may be provided in the county charter, as responsible for the administration of public social services.


text: “County director” means the director or other chief executive of the county department.


text: “Regulations” includes but is not limited to standards of eligibility for aid and services, procedures necessary for the proper and efficient administration of public social services, and standards as to conditions which must be met by agencies or individuals subject to licensing or supervision by the department or the State Department of Health Services.


text: “Public assistance” and “public assistance programs” refer to those public social services programs provided for in Part 3 of this division.


text: Notwithstanding any other provision of law, the State Department of Health Services and the Director of Health Services shall have those powers and duties conferred by state law upon the State Department of Social Services and its director as is necessary to carry out the purposes imposed on it by this chapter.


text:
(a) Notwithstanding any other provision of law, the name of the program provided for pursuant to Chapter 2 (commencing with Section 11200) is hereby changed to the California Work Opportunity and Responsibility to Kids program, referred to as CalWORKs.

(b) Any reference to the Aid to Families with Dependent Children Program, Family Group and Unemployment program, and the Greater Avenues for Independence program shall be deemed to refer to the CalWORKs program.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 376. Effective January 1, 2005.)


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

(a) The development of incompatible systems for electronic benefits transfer will create significant hardships on recipients of public social services and businesses that accept electronic transactions as payment for goods and services.

(b) The goals of electronic benefits transfer are to reduce the cost of delivering benefits to recipients, to ensure that all systems within California are compatible, and to afford public social services recipients the opportunity to better and more securely manage their financial affairs.

history: (History: Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)

chapter: 3. Electronic Benefits Transfer Act

article: 1. General

path: 9. PUBLIC SOCIAL SERVICES > 3. Electronic Benefits Transfer Act > 1. General


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

(a) “Committee” means the committee created pursuant to this chapter.

(b) “Benefits” means financial and food assistance provided to, or on behalf of, those Californians who, because of their economic circumstances or social condition, are in need thereof, and may benefit thereby.

(c) “System” means the electronic benefits transfer system developed pursuant to this chapter.

article: 1. General


text: The Electronic Benefits Transfer Committee is hereby created. The committee shall remain in existence until January 1, 2003.

path: 9. PUBLIC SOCIAL SERVICES > 3. Electronic Benefits Transfer Act > 2. Electronic Benefits Transfer Committee


text: The committee shall consist of the Director of the Health and Welfare Agency Data Center, who shall be the chair of the committee, the Director of Social Services, the Director of Health Services, the Director of Information Technology, the Controller, the Treasurer, a representative of the California State Association of Counties, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules. The committee shall provide for the participation of a technical advisory group comprised of representatives from the California Association of County Treasurers and Tax Collectors, the County Welfare Directors Association, the California Grocer’s Association, the California Retailer’s Association, the California Bankers Association, and agencies, organizations, and representatives of individuals who will use or be affected by an electronic benefits transfer system. A company or individual that participates in the committee or the advisory group shall not be eligible to bid for the provision of the electronic benefits transfer system.

article: 2. Electronic Benefits Transfer Committee


text: The committee shall advise the department on the development and implementation of a statewide electronic benefits transfer system, and shall provide advice concerning the request for proposal. The system shall have the capability to deliver CalFresh benefits and, upon the election of the county, benefits under Chapter 2 (commencing with Section 11200) of Part 3. The system may also be used, with the approval of the department, for the distribution of other benefits. Any electronic benefits transfer processor shall be capable of implementing systems within nine months of contracting for services.

history: (History: Amended by Stats. 2011, Ch. 227, Sec. 25. (AB 1400) Effective January 1, 2012.)


text: Notwithstanding any other provision of this chapter, the project management for a statewide electronic benefits transfer system shall be transferred from the department to the Health and Welfare Agency Data Center.

history: (History: Added by Stats. 1997, Ch. 606, Sec. 18. Effective October 3, 1997.)


text: Any benefits provided to recipients under the department’s authority may be distributed through the electronic benefits transfer system as long as the recipient has reasonable access to his or her benefits.


text:
The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following:

(a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system.

(b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states.

(c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems, including, but not limited to, automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p).

(d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system.

(e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember their number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, they may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits.

(f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.

(g) The system shall have an internet website that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.

(h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency.

(i) (1) A recipient shall not incur any loss of electronic benefits after reporting that their electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced.

(2) (A) Except as provided in subparagraph (B), a recipient shall not incur any loss of cash benefits that are taken by an unauthorized contact, withdrawal, removal, or use of benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this subparagraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3).

(B) If a recipient knowingly provides their electronic benefits transfer card number and personal identification number to an unauthorized third party that the recipient mistakenly believes to be the contracted electronic benefits transfer vendor, an approved retailer, or a governmental entity, any benefits taken as described in subparagraph (A) shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3), but not more than one time in a 36-month period.

(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification.

(4) (A) Notwithstanding paragraphs (2) and (3), the State Department of Social Services may issue mass reimbursements to recipients for the loss of cash benefits if the department finds that the benefits of multiple recipients were taken by an unauthorized withdrawal, removal, or use of benefits in which the recipients’ electronic benefits transfer card numbers or personal identification numbers were obtained by means of a data breach.

(B) A mass reimbursement made pursuant to subparagraph (A) requires the approval of the Department of Finance with notice given to the Joint Legislative Budget Committee.

(5) (A) Notwithstanding any other law or guidance, and except as provided in this paragraph, a recipient shall not incur any loss of nutrition benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits.

(B) The State Department of Social Services shall establish a protocol to use state funds to replace nutrition benefits taken as described in subparagraph (A) in accordance with the following limitations:

(i) A maximum of two months’ worth of benefits shall be replaced at one time.

(ii) A household shall not receive more than two replacements per federal fiscal year.

(iii) A household shall have 90 days from the date of theft to request replacement of the electronically stolen benefits.

(C) If, at any time, a federally funded replacement is available for any nutrition benefit listed in subparagraph (D), this paragraph shall be inoperative with regard to that specific benefit.

(D) For the purposes of this section, “nutrition benefits” means CalFresh, Disaster CalFresh, and benefits previously replaced due to household misfortune under Chapter 10 (commencing with Section 18900) of, and California Food Assistance Program (CFAP) nutrition benefits under Chapter 10.1 (commencing with Section 18930) of, Part 6.

(E) A county shall replace eligible, electronically stolen benefits as soon as administratively feasible, but no more than 10 business days following the receipt of the replacement request. A county shall prioritize the replacement of electronically stolen nutrition benefits in accordance with Sections 10000 and 18900.

(6) 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 the requirements and protocols described in paragraphs (2), (3), and (5) by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations, which shall occur no later than June 30, 2030.

(j) Electronic benefits transfer system consumers shall be informed on how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge.

(k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language.

(l) Procedures shall be developed for error resolution.

(m) A fee shall not be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system.

(n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month.

(o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges.

(p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments.

(q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following:

(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2.

(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.

(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.

(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system.

(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change their preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.

(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.

(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (p) and instructions regarding how to determine whether the recipient qualifies for the exemption.

(r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.

history: (History: Amended by Stats. 2026, Ch. 26, Sec. 15. (AB 152) Effective June 29, 2026.)

article: 3. Systems Design

path: 9. PUBLIC SOCIAL SERVICES > 3. Electronic Benefits Transfer Act > 3. Systems Design


text:
(a) The Legislature finds and declares that flea markets, farmers’ markets, and certified farmers’ markets are important sources of low-cost produce for Californians in need of food assistance.

(b) (1) An interested collective group or association of produce sellers that is Food and Nutrition Service (FNS) authorized and actively participating in produce sales in a market described in subdivision (a) may initiate and operate an electronic benefit transfer (EBT) acceptance system on behalf of its members, to the extent and manner allowed by federal law and regulation. The market operator shall allow and accommodate the FNS-authorized group or association in a reasonable manner that aids in the creation, implementation, and operation of its EBT acceptance system. The allowance and accommodation by the market operator mandated by this section is limited solely to the activity of the operation of the EBT acceptance system by the group or association. No other activities are authorized without the express permission of the market operator.

(2) This subdivision shall not apply to a market described in subdivision (a) that currently or subsequently operates an EBT acceptance system.

(c) Nothing in this section or any other provision of law shall prohibit an individually FNS-authorized produce seller in a market described in subdivision (a) from operating his or her own individual EBT acceptance activity as part of that seller’s personal business customer transaction offering.

(d) Nothing in this section shall be interpreted to require a market described in subdivision (a) to itself create, operate, or maintain an EBT acceptance system on behalf of its produce sellers.

history: (History: Added by Stats. 2010, Ch. 435, Sec. 1. (AB 537) Effective January 1, 2011.)

article: 3. Systems Design


text:
(a) The electronic benefits transfer system required by this chapter shall be designed to include a flexible benefit issuance mechanism.

(b) The flexible benefit issuance mechanism created under this section shall be designed in a manner that can target multiple populations with specific benefits and shall allow the department flexibility to provide benefits for specific populations, as determined by the department, contingent upon the appropriation of funds by the Legislature.

(c) (1) The distribution of benefits pursuant to the flexible benefit issuance mechanism created under this section shall comply with all federal and state laws and regulations governing electronic benefits.

(2) The distribution of benefits pursuant to the flexible benefit issuance mechanism created under this section shall comply with privacy and confidentiality procedures required by federal and state law.

(d) The flexible benefit issuance mechanism created under this section shall become operative within nine months of the date that the Department of Social Services certifies and publishes on the department’s Internet Web site that the third generation electronic benefits transfer system required by this chapter has otherwise been fully implemented.

history: (History: Added by Stats. 2017, Ch. 24, Sec. 13. (SB 89) Effective June 27, 2017.)

article: 3. Systems Design


text:
(a) This section shall be known, and may be cited, as the California Fruit and Vegetable EBT Pilot Project.

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

(1) “Authorized pilot retailer” means any retail establishment that is authorized to accept CalFresh benefits, including, but not limited to, grocery stores, corner stores, farmers’ markets, farm stands, and mobile markets.

(2) “Fresh fruits and vegetables” means any variety of whole or cut fruits and vegetables without added sugars, fats, oils, or salt and that have not been processed with heat, drying, canning, or freezing.

(3) “Supplemental benefits” means additional funds delivered to a CalFresh recipient’s EBT card upon purchase of fresh fruits and vegetables using CalFresh benefits, and to be redeemed only for purchases allowed under the CalFresh program at an authorized retailer.

(c) The department, in consultation with the Department of Food and Agriculture, county CalFresh administrators, and stakeholders with experience operating CalFresh nutrition incentive programs, shall include within the EBT system a supplemental benefits mechanism that allows an authorized pilot retailer to deliver and redeem supplemental benefits. The supplemental benefits mechanism shall be compatible with operational procedures at farmers’ markets with centralized point-of-sale terminals and at grocery stores with integrated point-of-sale terminals. The supplemental benefits mechanism shall ensure all of the following:

(1) Supplemental benefits can be transferable across any CalFresh program authorized retailer.

(2) Supplemental benefits can be accrued, tracked, and redeemed by CalFresh recipients in a seamless, integrated process through the EBT system.

(3) Supplemental benefits can only be accrued by CalFresh recipients through the purchase of fresh fruits and vegetables from an authorized pilot retailer.

(4) Supplemental benefits can only be redeemed to make eligible purchases under the CalFresh program from an authorized retailer.

(5) The supplemental benefits mechanism complies with all applicable state and federal laws governing procedures to ensure privacy and confidentiality.

(6) Authorized pilot retailers that use EBT-only point-of-sale terminals, such as farmers’ markets, and those that use integrated point-of-sale terminals, such as grocery stores, shall be able to integrate the new supplemental benefits mechanism into their existing systems, including the free state-issued hardware provided to certified farmers’ markets and farmers.

(7) The supplemental benefits mechanism provides a CalFresh benefits to supplemental benefits match ratio of at least 1:1.

(8) A CalFresh household may only accrue up to a limited amount of supplemental benefits, as determined by the department.

(9) There shall be no expiration date for use of supplemental benefits, but the benefits may be expunged in accordance with federal Supplemental Nutrition Assistance Program (SNAP) regulations.

(d) There is hereby created in the State Treasury the California Fruit and Vegetable EBT Grant Fund. The fund shall consist of moneys from state, federal, and other public and private sources to provide grants pursuant to subdivision (e).

(e) Upon the deposit of sufficient moneys into the California Fruit and Vegetable EBT Grant Fund, as determined by the department, and upon the appropriation of moneys from the fund by the Legislature for this purpose, the department shall provide grants for pilot projects to implement and test the supplemental benefits mechanism in existing retail settings. The goal of the pilot project is to develop and refine a scalable model for increasing the purchase and consumption of fresh fruits and vegetables by delivering supplemental benefits to CalFresh recipients in a way that can be easily adopted by authorized retailers of various types, sizes, and locations in the future. The department, in consultation with the Department of Food and Agriculture, shall develop and adopt guidelines for awarding the grants, which shall include, at a minimum, all of the following requirements:

(1) (A) A minimum of three grants shall be awarded to nonprofit organizations or government agencies.

(B) At least one of the grants shall provide the ability to test the supplemental benefit mechanism at farmers’ markets. A farmers’ market that operates a centralized point-of-sale terminal and a scrip system and that also participates as a pilot project pursuant to this section may disburse scrips for supplemental benefits and for fresh fruits and vegetables concurrently.

(2) Selection criteria shall require that grant applicants demonstrate all of the following:

(A) Previous experience and effectiveness in administering CalFresh nutrition incentive programs, or similar supplemental benefits programs.

(B) Partnership commitment from at least one existing authorized retailer that already accepts CalFresh benefits and sells fresh fruits and vegetables.

(C) Ability to ensure that supplemental benefits are only accrued and delivered when purchasing fresh fruits and vegetables with CalFresh benefits and will be used only to make purchases authorized under the CalFresh program.

(D) Status as a nonprofit organization or government agency.

(E) Ability to provide the minimum data deemed necessary for the department to successfully evaluate the pilot project, as described in paragraph (1) of subdivision (f).

(F) Any other criteria that the department deems necessary for successful pilot project implementation, such as the level of need in the community, the size of the CalFresh population, and the need for geographic diversity.

(3) Grantees shall be responsible for all of the following:

(A) Securing the commitment of at least one authorized retailer willing to participate in the pilot project.

(B) Conducting community outreach.

(C) Providing evaluation data to the department.

(D) Ensuring the integrity of the pilot project following guidelines adopted by the department pursuant to this subdivision.

(f) (1) The department shall evaluate the pilot projects that operated pursuant to this section between February 1, 2023, and January 31, 2025, and make recommendations to further refine and expand the supplemental benefits mechanism. These recommendations shall also include a strategy for CalFresh client education, developed in consultation with county CalFresh administrators and advocates. The evaluation shall examine the efficacy of supplemental benefits accrual, delivery, and redemption from the perspective of CalFresh recipients, participating retailers, and state administrators. The evaluation shall also provide recommendations for further modifications that would make the mechanism easier for CalFresh recipients to use, for a variety of authorized retailer types to adopt, and for the department to administer. The department may contract with an independent evaluator to conduct this evaluation.

(2) (A) The department shall provide information on the timing and steps that would be necessary to transition the pilot project to a supplemental benefits program that is fully state managed, without grantee intermediaries.

(B) The information to be submitted under this paragraph shall include both of the following:

(i) The results of the evaluation required pursuant to paragraph (1).

(ii) Scoping the staff or other resources and timelines for all of the following:

(I) Engaging with and enrolling interested retailers directly on an ongoing basis, if the state makes additional funding available for further expansion.

(II) The staffing and technical resources needed by the Office of Technology and Solutions Integration to certify new retailers’ EBT systems when they are onboarded into the program.

(III) Resources needed to align the EBT system and the California Statewide Automated Welfare System (CalSAWS) to fully automate financial reconciliation of fruit and vegetable supplemental benefits as the program expands.

(IV) Expansion to include online CalFresh transactions and grocery delivery services.

(3) (A) By July 1, 2025, the department shall submit a report to the Legislature on the topics described by paragraphs (1) and (2).

(B) The report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

(g) Notwithstanding any other law, all of the following apply for the purposes of this section:

(1) Contracts or grants awarded pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.

(2) Contracts or grants awarded pursuant to this section are exempt from the Public Contract Code and the State Contracting Manual, and are not subject to the approval of the Department of General Services or the Department of Technology.

(3) The state is immune from any liability resulting from the implementation of this section.

(4) 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) Notwithstanding Sections 18927 and 11004, the supplemental benefits described in this section are not subject to recovery for an overissuance caused by intentional program violation, fraud, inadvertent household error, or administrative error, and are not subject to review under Section 10950.

(i) The supplemental benefits described in this section are not entitlement benefits, and the department shall provide those benefits pursuant to this section only to the extent that funding is appropriated in the annual Budget Act for purposes of this section.

(j) The department shall seek any necessary federal approvals to establish this pilot project.

(k) This section shall become inoperative on June 30, 2028, and, as of January 1, 2029, is repealed.

history: (History: Amended by Stats. 2026, Ch. 26, Sec. 16. (AB 152) Effective June 29, 2026. Inoperative June 30, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.)

article: 3. Systems Design


text: Notwithstanding Section 15204.2, the state shall pay 100 percent of the nonfederal share of costs of the electronic benefits transfer system planning, procurement, development, implementation, and conversion. The county shall pay its normal nonfederal costs pursuant to Section 15204.2 for system maintenance and operation.

article: 4. Administration

path: 9. PUBLIC SOCIAL SERVICES > 3. Electronic Benefits Transfer Act > 4. Administration


text: The state shall be responsible for procuring and contracting for a statewide electronic benefits transfer system.

history: (History: Added by Stats. 1998, Ch. 329, Sec. 17. Effective August 21, 1998.)

article: 4. Administration


text: The Office of Technology and Solutions Integration shall be the project manager of the electronic benefits transfer system, and shall be responsible for system planning, procurement, development, implementation, conversion, maintenance and operations, contract management, and all other activities that are consistent with a state-managed project and a statewide system.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 31. (AB 120) Effective July 10, 2023.)

article: 4. Administration


text: The director shall promptly seek any federal approvals necessary for implementation of this chapter. Any provision of this chapter whose implementation requires any federal waiver or approval shall become operative 120 days after receipt of the necessary federal waiver or approval, and shall remain operative only for the duration of the federal approval for its implementation.

article: 4. Administration


text: The State Department of Social Services may adopt regulations to implement this act in accordance with 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 initial adoption of any emergency regulations by the department to implement this chapter and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The initial emergency regulations and the first readoption of those regulations by the department shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations.

article: 4. Administration


text:
It is the intent of the Legislature that counties shall continue to provide matching funds for county-administered social services programs as these programs are defined by Sections 12251 and 16501 and other services to be provided in accordance with Section 10102.

Nothing in this section shall be construed to affect any matching requirement established upon each county pursuant to Section 12306.

history: (History: Amended by Stats. 1991, Ch. 91, Sec. 13. Effective June 30, 1991.)

part: 1.5. FISCAL PROVISIONS

path: 9. PUBLIC SOCIAL SERVICES > 3. Electronic Benefits Transfer Act > 1.5. FISCAL PROVISIONS


text:
(a) For the 1991–92 fiscal year and each fiscal year thereafter, the state’s share of the costs of the child welfare program shall be 70 percent of the actual nonfederal expenditures for the program or the amount appropriated by the Legislature for that purpose, whichever is less.

(b) Notwithstanding subdivision (a), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 64. (SB 1013) Effective June 27, 2012.)


text:
(a) For the 1991–92 fiscal year and each fiscal year thereafter, the state’s share of the costs of the county services block grant and the in-home supportive services administration requirements shall be 70 percent of the actual nonfederal expenditures or the amount appropriated by the Legislature for that purpose, whichever is less.

(b) Federal funds received under Title 20 of the federal Social Security Act (42 U.S.C. Sec. 1397 et seq.) and appropriated by the Legislature for the county services block grant and the in-home supportive services administration shall be considered part of the state share of cost and not part of the federal expenditures for this purpose.

(c) Notwithstanding subdivisions (a) and (b), commencing in the 2017–18 fiscal year and each fiscal year thereafter, each county’s share of the nonfederal costs of the county services block grant and the in-home supportive services administration requirements shall be the County IHSS Maintenance of Effort pursuant to Section 12306.16.

history: (History: Amended (as amended by Stats. 2013, Ch. 37, Sec. 6) by Stats. 2017, Ch. 25, Sec. 12. (SB 90) Effective June 27, 2017.)


text:
(a) Prior to the 2011–12 fiscal year the state’s share of the costs for the support and care of former dependent children who have been made wards of related guardians under Article 4.5 (commencing with Section 11360), or Article 4.7 (commencing with Section 11385), of Chapter 2 of Part 3, shall be 79 percent of the nonfederal share of the amounts as specified in Sections 11364 and 11387.

(b) Notwithstanding subdivision (a), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 65. (SB 1013) Effective June 27, 2012.)


text: The State Department of Social Services shall establish and maintain a plan whereby costs of county administered social services programs will be effectively controlled within the amount annually appropriated for these services. Each county shall utilize least cost services, provided that the quality of services is maintained. Allocations shall be made to each county and shall be limited by, and determined based upon, an allocation plan developed by the State Department of Social Services and approved by the Department of Finance. In administering the plan, the State Department of Social Services shall not allocate funds to cover county cost overruns which result from county failure to meet requirements of the plan.

history: (History: Repealed and added by Stats. 1983, Ch. 883, Sec. 2. Effective September 19, 1983. Operative January 1, 1984, by Sec. 6 of Ch. 883.)


text: All federal funds under Title IV-B of the Social Security Act, which are appropriated to the state shall be passed on to the counties, except for those reasonable funds needed to finance a required statewide information system.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 66. (SB 1013) Effective June 27, 2012.)


text:
(a) Notwithstanding the age restrictions specified in Sections 388, 450, 11253, 11363, 11386, 11403, 11403.2, 11405, and 16120, and subdivisions (r) and (v) of Section 11400, a nonminor dependent, or nonminor former dependent, who has been receiving aid pursuant to any of the programs specified in subdivision (b) between January 1, 2012, and December 31, 2012, and who attains 19 years of age prior to January 1, 2013, or who has been receiving that aid between January 1, 2013, and December 31, 2013, and who attains 20 years of age prior to January 1, 2014, may continue to receive aid under the applicable program up to 21 years of age, provided that the nonminor dependent or nonminor former dependent continues to meet all other applicable eligibility requirements as specified in Section 11403. This section shall not apply to nonminors who attain 19 years of age prior to January 1, 2012.

(b) This section applies to nonminors currently receiving aid, as of the effective date of the act that added this section, pursuant to any of the following provisions:

(1) Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9.

(2) Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9.

(3) Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9.

(4) Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9.

(5) Sections 11253 and 11405.

(c) A nonminor who has not continuously received aid pursuant to either paragraph (3) of subdivision (b) of this section, or Section 11253 between January 1, 2012, and December 31, 2012, due solely to the fact that he or she attained 19 years of age prior to the effective date of the act that added this section may petition the court for reentry pursuant to subdivision (e) of Section 388. This section shall not apply to nonminors who attain 19 years of age prior to January 1, 2012. For a nonminor who has not continuously received aid pursuant to paragraphs (1), (2), or (4) of subdivision (b) of this section, or Section 11405, due solely to the fact that he or she attained 19 years of age prior to the effective date that added this section, the department, in consultation with the County Welfare Directors Association, shall develop a process by which these youth may resume benefits. The department shall seek to maximize federal financial participation.

(d) Notwithstanding any other law, and to the extent permitted by federal law, a county shall not be precluded from seeking to draw down federal funding on behalf of eligible nonminor dependents or nonminor former dependents as described in subdivision (a), for whom the county has provided aid using county-only funds, on and after January 1, 2012.

history: (History: Added by Stats. 2012, Ch. 35, Sec. 67. (SB 1013) Effective June 27, 2012.)


text:
(a) It is the intent of the Legislature to ensure that the impacts of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs are identified and evaluated initially and over time. It is further the intent of the Legislature to ensure that information regarding these impacts is publicly available and accessible and can be utilized to support the state’s and counties’ effectiveness in delivering these critical services and supports.

(b) The State Department of Social Services shall annually report to the appropriate fiscal and policy committees of the Legislature, and publicly post on the department’s Internet Web site, a summary of outcome and expenditure data that allows for monitoring of changes over time.

(c) (1) The report shall be submitted and posted by April 15 of each year and shall contain expenditures for each county for the programs described in clauses (i) to (vii), inclusive, of subparagraph (A) of paragraph (16) of subdivision (f) of Section 30025 of the Government Code.

(2) The report shall also contain the amount of funds each county receives from the Protective Services Growth Special Account created pursuant to Section 30025 of the Government Code, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency.

(3) The report shall also include reported expenditures for counties that are participating and making claims under the federal Title IV-E waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios recommended by the evaluation conducted pursuant to Section 10609.5, also known as the California SB 2030 Study.

(d) The department shall consult with legislative staff and stakeholders to develop a reporting format consistent with the Legislature’s desired level of outcome and expenditure reporting detail.

history: (History: Amended by Stats. 2016, Ch. 182, Sec. 1. (AB 2015) Effective January 1, 2017.)


text: This part shall be known, and may be cited, as the Early Childhood Development Act of 2020.

history: (History: Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

path: 9. PUBLIC SOCIAL SERVICES > 1. Transfer of Childcare Programs to the State Department of Social Services


text: This chapter shall become operative July 1, 2021.

history: (History: Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020.)

chapter: 1. Transfer of Childcare Programs to the State Department of Social Services


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

(a) The state’s system of early learning and care must become more integrated and coordinated to achieve its goals of promoting a high-quality, affordable, early childhood system designed to comprehensively and effectively serve children and families.

(b) Social determinants of health, adverse childhood experiences, quality learning and care for children, and economic and other supports for the needs of families are critical determinants of life outcomes for children, and California’s system of early learning and care must address inequities and disproportionalities.

history: (History: Amended by Stats. 2021, Ch. 124, Sec. 40. (AB 938) Effective January 1, 2022.)


text:
(a) It is the intent of the Legislature to launch a phased approach to achieving the goals of the state’s Master Plan for Early Learning and Care, uniting child care programs where they can best be integrated with other child and family focused benefits, programs, and services, and support child care providers and programs while maintaining vital connections to preschool, transitional kindergarten, and K-12 education.

(b) To effectuate this transition, effective July 1, 2021, responsibility for the following programs, responsibilities, services, and systems are hereby transferred from the State Department of Education and the Superintendent of Public Instruction to the State Department of Social Services:

(1) Alternative payment programs pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8.

(2) Migrant alternative payment programs pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8.

(3) CalWORKs Stage 2 child care pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8.

(4) CalWORKs Stage 3 child care pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8.

(5) General child care and development programs pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8.

(6) Migrant child care and development programs pursuant to Chapter 6 (commencing with Section 10235) Part 1.8.

(7) Child care and development services for children with severe disabilities pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8.

(8) The Child and Adult Care Food Program implemented pursuant to Section 1766 of Title 42 of the United States Code.

(9) Child care and development facilities capital outlay pursuant to Chapter 30 (commencing with Section 10470) of Part 1.8.

(10) Responsibility as the lead agency for administration of the Child Care and Development Fund, as defined in Section 98.2 of Title 45 of the Code of Federal Regulations, and as set forth in Sections 10211 to 10212.5, inclusive.

(11) Responsibility as the lead agency for the Child Care and Development Fund State Plan Early Learning and Care Infrastructure Grant Program pursuant to former Section 8280 of the Education Code.

(12) The Early Learning and Care Workforce Development Grants Program pursuant to Section 10311.

(13) The California Head Start State Collaboration Office funded by collaboration grants awarded pursuant to Section 9837b of Title 42 of the United States Code.

(14) The Early Head Start-Child Care Partnerships Grant from the United States Department of Health and Human Services.

(15) Resource and referral agencies pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8.

(16) Local child care and development planning councils pursuant to Chapter 31 (commencing with Section 10480) of Part 1.8.

(17) The California Child Care Initiative Project pursuant to Section 10223.

(18) Other child care quality improvement projects.

(19) Any memoranda of understanding and partnerships related to the programs, services, and systems listed in this subdivision.

(20) The Child Development Management Information System and other related data systems as they pertain to the programs, services, and systems listed in this subdivision.

history: (History: Amended by Stats. 2021, Ch. 116, Sec. 258. (AB 131) Effective July 23, 2021. Operative July 1, 2021, pursuant to Section 10201.)


text:
(a) For purposes of this part, “department” means the State Department of Social Services.

(b) Commencing July 1, 2021, whenever the laws governing the programs, responsibilities, services, or systems listed in subdivision (b) of Section 10203 refer to the “State Department of Education,” “department,” “Superintendent of Public Instruction,” or “Superintendent,” the reference shall be construed to be to the State Department of Social Services.


text:
(a) Commencing July 1, 2021, the department succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203.

(b) The department may enter into memoranda of understanding or interagency agreements or contracts with the California Health and Human Services Agency, its other departments and offices, the State Department of Education, and any other state agency, department, or office, as necessary to implement this part.

(c) Unless the context clearly requires otherwise, any reference to the State Department of Education or the Superintendent of Public Instruction in any regulation, contract, or in any other code, with respect to any of the programs, responsibilities, services, or systems listed in subdivision (b) of Section 10203, is a reference to the State Department of Social Services.

(d) Without limiting any other powers or duties, the department shall ensure compliance with the terms of any state plans, memoranda of understanding, administrative orders, interagency agreements, contracts, assurances, single state agency obligations, federal statutes and regulations, and any other form of agreement or obligation that vital government activities rely upon or are a condition to the continued receipt by the department of state or federal funds or services.

(e) All existing regulations relating to programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 that have been adopted by the State Department of Education on or before June 30, 2021, are expressly continued in force, unless they conflict with the act that added this part. Any statute, law, rule, or regulation relating to the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 that are in force on June 30, 2020, or that may hereafter be enacted or adopted with reference to this part, shall apply to the department.

(f) A contract, lease, license, state or federal grant, memorandum of understanding, or any other agreement relating to the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 to which the State Department of Education is a party is not void or voidable by reason of the act that added this part, but are continued in full force and effect, with the department assuming all of the rights, obligations, and duties of the State Department of Education. The assumption by the department does not in any way affect the rights of the parties to the contract, lease, license, state or federal grant, memorandum of understanding, or agreement.

(g) Any legal action concerning the duties, responsibilities, obligations, liabilities, and functions described in this chapter shall not abate, and shall continue in the name of the department. The substitution of the department for the State Department of Education or the Superintendent of Public Instruction does not affect the rights of the parties to the action.

(h) All financial and accounting records, documents, records, and property relating to programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 shall be transferred to the department by the State Department of Education. The format and timing of this transfer shall be mutually agreed upon by the State Department of Social Services and the State Department of Education and the Superintendent of Public Instruction, and shall not require formal agreement or approval by any other entity.

(i) On or before July 1, 2021, the Governor shall establish the position of Deputy Director of Child Care and Development within the department, as an exempt position, to be appointed by the Governor, subject to confirmation by the Senate, and who holds office at the pleasure of the Governor.

(j) On or before March 31, 2021, the department shall submit to the appropriate budget and policy committees of the Legislature, the Department of Finance, and the Early Childhood Policy Council, a plan that describes how the department will achieve the intent expressed in Section 10203, including a description of activities undertaken by the department up until that date, and specifying all of the following:

(1) How the department intends to make child care programs more integrated.

(2) How the department plans to maintain existing connections or enhance connections to California state preschool programs, transitional kindergarten, and elementary and secondary education.

(3) An estimate of the ongoing cost of the State Department of Social Services for administering child care programs. A description of the number of positions that will move to the State Department of Social Services from the State Department of Education and the number of additional positions the State Department of Social Services will need.

(4) How this shift results in better services for children and families, including how this shift will ensure families have the most comprehensive information about their choices in comprehensive supports for their families, including child care.

(5) How the department plans to prevent administrative duplication and regulatory conflict for providers that have contracts for both general child care and development programs and California state preschool programs.

(6) How the department plans to maintain the existing provider flexibility to transfer funds across contracts for both general child care and development programs and California state preschool programs.

(7) How the department plans to ensure quality projects support state-supported child care in all settings, including California state preschool programs.

(8) How the California Head Start State Collaboration Office will continue to engage with California state preschool program providers and school districts.

(9) How parents will be provided enhanced information about making an informed child care choice that best meets their child’s and family’s needs, from the full spectrum of quality child care available.

(10) How a cradle-to-career, interagency data system will provide improved state-level reporting, support the goals of the Master Plan for Early Learning and Care, and support the achievement of paragraph (9).

(11) Further plans to align activities with recommendations from the Master Plan for Early Learning and Care regarding child care.

(k) From October 1, 2020, to December 31, 2024, inclusive, the department shall submit to the appropriate budget and policy committees of the Legislature, the Department of Finance, and the Early Childhood Policy Council a quarterly report that describes how the department is making progress on the transition required by this chapter, and how the department is furthering the intent of this transition.

history: (History: Amended by Stats. 2021, Ch. 116, Sec. 259. (AB 131) Effective July 23, 2021. Operative July 1, 2021, pursuant to Section 10201.)


text:
(a) 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 State Department of Social Services and the State Department of Education may implement, interpret, or make specific this part by means of all-county letters, bulletins, or similar written instructions from either department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations.

(b) Initial regulations developed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that are necessary to implement Chapter 24 of the Statutes of 2020 (Senate Bill 98 of the 2019–20 Regular Session) shall be adopted by each department no later than December 31, 2025.

history: (History: Amended by Stats. 2022, Ch. 62, Sec. 17. (AB 210) Effective June 30, 2022.)


text:
The purpose of this part is as follows:

(a) To provide a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs.

(b) To encourage community-level coordination in support of child care and development services.

(c) To provide an environment that is healthy and nurturing for all children in child care and development programs.

(d) To provide the opportunity for positive parenting to take place through understanding of human growth and development.

(e) To reduce strain between parent and child in order to prevent abuse, neglect, or exploitation.

(f) To enhance the cognitive development of children, with particular emphasis upon those children who require special assistance, including bilingual capabilities to attain their full potential.

(g) To establish a framework for the expansion of child care and development services.

(h) To empower and encourage parents and families of children who require child care services to take responsibility to review the safety of the child care program or facility and to evaluate the ability of the program or facility to meet the needs of the child.

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

chapter: 1. General Provisions

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


text:
It is the intent of the Legislature that:

(a) All families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. It is further the intent that subsidized child care and development services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress.

(b) The healthy physical, cognitive, social, and emotional growth and development of children be supported.

(c) Families achieve and maintain their personal, social, economic, and emotional stability through an opportunity to attain financial stability through employment, while maximizing growth and development of their children, and enhancing their parenting skills through participation in child care and development programs.

(d) Community-level coordination in support of child care and development services be encouraged.

(e) Families have a choice of programs that allow for maximum involvement in planning, implementation, operation, and evaluation of child care and development programs.

(f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of child care programs, including, but not limited to, their right to inspect child care licensing files.

(g) Planning for expansion of child care and development programs be based on ongoing local needs assessments.

(h) The department, in providing funding to child care and development agencies, promote a range of services which will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following:

(1) Programs located in centers, family child care homes, or in the child’s own home.

(2) Services provided part-day, full-day, and during nonstandard hours including weekend care, night and shift care, before and after school care, and care during holidays and vacation.

(3) Child care services provided for infants, preschool, and schoolage children.

(i) The department be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter.


text:
The department shall develop standards for the implementation of quality programs. Indicators of quality shall include, but not be limited to:

(a) A physical environment that is safe and appropriate to the ages of the children and that meets applicable licensing standards.

(b) Program activities and services that are age appropriate and meet the developmental needs of each child.

(c) Program activities and services that meet the cultural and linguistic needs of children and families, including, but not limited to, program activities and services that meet the needs of dual language learners for support in the development of their home language and English.

(d) Family and community involvement.

(e) Parent education.

(f) Efficient and effective local program administration.

(g) Staff that possesses the appropriate and required qualifications, experience, training, or a combination thereof. The appropriate staff qualifications shall reflect the diverse linguistic and cultural makeup of the children and families in the child care and development program. The use of intergenerational staff shall be encouraged.

(h) Program activities and services that meet the needs of children with exceptional needs and their families.

(i) Support services for children, families, and providers of care.

(j) Resource and referral services.

(k) Alternative payment services.

(l) Provision for nutritional needs of children.

(m) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies.

(n) Health services that include referral of children to appropriate agencies for services.

history: (History: Amended by Stats. 2022, Ch. 62, Sec. 18. (AB 210) Effective June 30, 2022.)


text:
(a) On or before June 30, 1999, the State Department of Education, in consultation with the department, shall develop prekindergarten learning development guidelines. The development of these guidelines shall be funded from funds appropriated for this purpose in the Budget Act of 1998. The guidelines shall focus on preparing four- and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The State Department of Education may contract with an appropriate public or private agency to develop the guidelines.

(b) In future expenditure plans for quality improvement activities, the department shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines.

(c) Programs funded by the department under Chapter 6 (commencing with Section 10235) and Chapter 7 (commencing with Section 10240), shall use the prekindergarten learning development guidelines developed pursuant to this section.


text:
(a) The department shall ensure that each contract entered into under this part to provide child care and development services, or to facilitate the provision of those services, provides support to the public school system of this state through the delivery of appropriate educational services to the children served pursuant to the contract.

(b) The department shall ensure that all contracts for child care and development programs include a requirement that each public or private provider maintain a developmental profile to appropriately identify the emotional, social, physical, and cognitive growth of each child served in order to promote the child’s success in the public schools. To the extent possible, the department shall provide a developmental profile to all public and private providers using existing profile instruments that are most cost efficient. The provider of any program operated pursuant to a contract under Section 10268.5 shall be responsible for maintaining developmental profiles upon entry through exit from a child development program.


text:
(a) It is the intent of the Legislature for general or migrant childcare and development contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded general childcare and development programs or migrant childcare and development programs by identifying them as a dual language learner through a family language instrument and support their needs through a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life.

(b) The Director of Social Services shall develop procedures for general or migrant childcare and development contractors to identify and report data on dual language learners enrolled in a general childcare and development program administered pursuant to Chapter 7 (commencing with Section 10240) or a migrant childcare and development program administered pursuant to Chapter 6 (commencing with Section 10235). To the maximum extent practicable, the procedures developed by the director shall align to the procedures required for state preschool contractors, as specified in Section 8241.5 of the Education Code.

(c) The procedures developed by the director pursuant to this section to identify dual language learners shall, at a minimum, include both of the following:

(1) (A) The distribution and collection of a completed family language instrument developed by the director from a parent or guardian of each child enrolled in a general childcare and development program or migrant childcare and development program no later than upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, and which languages the child demonstrates an understanding of or is able to speak.

(B) Notwithstanding subparagraph (A), a general or migrant childcare and development contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency may use that designation as an English learner to identify the child as a dual language learner.

(2) Criteria for general or migrant childcare and development contractors to use to accurately identify dual language learners enrolled in their programs based on the information collected from the family language instrument and criteria for the family language and interest interview.

(d) For any child enrolled in a general childcare and development program or migrant childcare and development program who has been identified as a dual language learner pursuant to subdivision (c), a family language and interest interview shall be conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child. The director shall develop the family language and interest interview to be used by teachers and designated staff for purposes of this subdivision. To the maximum extent practicable, the family language and interest interview developed by the director shall align to the interview required for state preschool program contractors, as specified in Section 8241.5 of the Education Code.

(e) The reported data about dual language learners in a general childcare and development program or migrant childcare and development program shall be submitted at a timeframe determined by the director in line with the reporting requirements specified in Section 10267.5, and shall include, at a minimum, all of the following:

(1) A child’s home language, the language the child is most exposed to, and the family’s preferred language in which to receive verbal and written communication.

(2) A child’s race or ethnicity.

(3) Language characteristics of the general childcare and development program or migrant childcare and development program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages.

(4) The language composition of the program staff.

(f) To the maximum extent possible, the director shall use existing enrollment and reporting procedures for general or migrant childcare and development contractors to meet the requirements of this section.

(g) (1) To ensure dual language learners and their linguistic and developmental needs are accurately identified in order to be effectively supported by general or migrant childcare and development contractors, the director shall develop clear implementation procedures and related guidance for those contractors that, to the maximum extent practicable, shall align to the procedures and guidance developed by the Superintendent for state preschool program contractors pursuant to Section 8241.5 of the Education Code.

(2) The director shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before August 16, 2024, the director shall develop informal directives to implement this section until the time regulations are adopted.

(h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System.

(i) The procedures developed by the director to identify dual language learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system.

(j) The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility of the general or migrant childcare and development contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by general or migrant childcare and development contractors shall not impact the status of a provider within a family childcare home education network. Family childcare providers shall not be responsible for conducting family language and interest interviews. General or migrant childcare and development contractors shall provide the designated staff to conduct family language and interest interviews for families enrolled in family childcare homes.

(k) In order to minimize the administrative work required of contractors, teachers, staff, and families involved in a general childcare and development program, a migrant childcare and development program, or the state preschool program, as specified in this section and Section 8241.5 of the Education Code, the director and Superintendent of Public Instruction shall coordinate efforts to implement this section.

(l) (1) Nothing in this section shall be construed to compel a parent or guardian of a child enrolled in a general childcare and development program or migrant childcare and development program to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d).

(2) A contract for a state preschool program shall not be affected by a parent or guardian of a child enrolled in a general childcare and development program or migrant childcare and development program who declines to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d).

(3) Nothing in this section shall be construed to affect the eligibility of a child to enroll in a general childcare and development program or migrant childcare and development program under Section 10271.

history: (History: Added by Stats. 2023, Ch. 435, Sec. 2. (AB 393) Effective January 1, 2024.)


text: In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, it is the policy of this state that no child shall be hungry while in attendance in child care and development facilities as defined in Section 10213.5 and that child development facilities have an obligation to provide for the nutritional needs of children in attendance.


text: It is the intent of the Legislature that in providing child development programs the department give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Federal reimbursement shall be claimed for any child receiving services under this part for whom federal funds are available.


text:
(a) The department is hereby designated as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities which require assistance of a third party or parties. The department shall administer the federal Child Care and Development Fund.

(b) For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations.


text:
(a) The department shall collaborate with the Secretary of Health and Human Services, with the advice and assistance of the Child Development Programs Advisory Committee, in the development of the state plan required pursuant to the federal Child Care and Development Fund, before submitting or reporting on that plan to the federal Secretary of Health and Human Services.

(b) (1) For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations.

(2) For purposes of this section, “collaborate” means to cooperate with and to consult with.

(c) (1) As required by federal law, the department shall develop an expenditure plan that sets forth the final priorities for child care. The department shall coordinate with the State Department of Education, the California Children and Families Commission, and other stakeholders, including the Department of Finance, to develop the Child Care and Development Fund (CCDF) Plan. On or before February 1 of the year that the CCDF Plan is due to the federal government, the department shall release a draft of the plan. The department shall then commence a 30-day comment period that shall include at least one hearing and the opportunity for written comments. By April 1 of the year that the CCDF Plan is due, the department shall provide the revised plan and a description of any changes to the earlier draft to the Director of Finance and the chairs of the fiscal committees of the Legislature.

(2) After the CCDF Plan is approved by the United States Department of Health and Human Services, the department shall provide to the Department of Finance and the fiscal committees of the Legislature a copy of the final plan and a description of any changes made since submitting the draft plan for review.

(3) If the annual Budget Act requires changes to the approved CCDF Plan, the department shall submit an amended plan to the United States Department of Health and Human Services.


text: The department shall consult with the Commission on Teacher Credentialing, and the office of the Chancellor of the California Community Colleges in development of the state plan, where appropriate.


text: It is the intent of the Legislature that federal funds received pursuant to the federal Child Care and Development Fund be allocated according to federal regulations. For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations.


text:
(a) It is the intent of the Legislature to add approximately 206,800 new childcare slots above the slot levels funded during the 2020–21 fiscal year, distributed as follows:

(1) Approximately 62,000 slots to general childcare and development programs (Chapter 7 (commencing with Section 10240)).

(2) Approximately 143,000 slots to alternative payment programs (Chapter 3 (commencing with Section 10225)).

(3) Approximately 1,300 slots to migrant alternative payment programs (Chapter 3 (commencing with Section 10225)).

(4) Approximately 500 slots to the Emergency Child Care Bridge Program under Section 11461.6.

(b) (1) As of May 15, 2024, the state has added funding to programs that, as of that date, resulted in an award of an estimated 118,800 new childcare slots to all of the following programs:

(A) An estimated 22,000 slots to general childcare and development programs.

(B) An estimated 95,000 slots to alternative payment programs.

(C) An estimated 1,300 slots to migrant alternative payment programs.

(D) An estimated 500 slots to the Emergency Child Care Bridge Program.

(2) It is the intent of the Legislature that the remaining new childcare slots described in subdivision (a) that have not been added and awarded as of January 1, 2024, may be distributed as follows:

(A) In the 2024–25 fiscal year, an estimated 11,000 slots to general childcare and development programs.

(B) In the 2026–27 fiscal year, 12,000 slots to general childcare and development programs and 32,000 slots to alternative payment programs, subject to an appropriation in the annual Budget Act.

(C) In the 2027–28 fiscal year, 17,000 slots to general childcare and development programs and 16,000 slots to alternative payment programs, subject to an appropriation in the annual Budget Act.

(D) In the 2028–29 fiscal year and each fiscal year thereafter, the total number of unawarded slots to general childcare and development programs from prior years and additional childcare slots needed to maintain total slot levels, as described in subdivision (a), subject to an appropriation in the annual Budget Act.

(3) Any unawarded slots described in paragraph (2) shall be distributed in each subsequent fiscal year that the slot remains unawarded to the same program specified in paragraph (2), subject to an appropriation in the annual Budget Act.

(4) (A) To distribute the General Childcare and Development slots described in paragraph (2), the State Department of Social Services shall release at least one request for applications in the fall of the applicable fiscal year. The department shall announce awards for new slots by April 1 of the applicable fiscal year, and shall execute contracts beginning on or after April 1 of the applicable fiscal year, contingent on submission of all required documentation by the applicant.

(B) Notwithstanding subparagraph (A), the department shall award contracts for services for 2024–25 awarded General Childcare and Development slots beginning on or after October 1, 2024, contingent on submission of all required documentation by the applicant.

(c) On an annual basis, the department shall revise the number of added and awarded slots described in paragraphs (1) and (2) of subdivision (b) based on final awardee data. Pursuant to subparagraph (D) of paragraph (2) of subdivision (b), to the extent that these updated slot estimates fall below total slot levels listed in subdivision (a), the department shall add, award, and put into contract additional slots to maintain total slot levels, to the extent requested, as described in subdivision (a), subject to an appropriation in the annual Budget Act.

history: (History: Added by Stats. 2024, Ch. 73, Sec. 19. (SB 163) Effective July 2, 2024.)