SB1041 Sb 1041 Bill 20120627 Chaptered

User Manual: SB1041

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Senate Bill No. 1041
CHAPTER 47
An act to amend Sections 17311.5 and 17706 of the Family Code, to
amend Sections 1522 and 1596.871 of the Health and Safety Code, to amend
Section 6151 of the Revenue and Taxation Code, and to amend Sections
11320.1, 11320.3, 11325.71, 11329.5, 11462.04, 11464, 11487, 12301.06,
12305.87, 12306.6, 14124.93, 15525, 18285, 19704, 19705, and 19709 of,
to amend the heading of Chapter 7 (commencing with Section 19700) of
Part 2 of Division 10 of, to amend, repeal, and add Sections 11322.63,
11322.8, 11451.5, and 11454.5 of, to add Sections 11265.45, 11265.46,
11265.47, 11265.48, 11322.85, 11322.86, 11322.87, 11334.6, 19705.1, and
19710 to, to repeal Sections 12301.03, 12301.05, 14132.957, 19700, 19701,
19702, and 19706 of, to repeal Part 1.75 (commencing with Section 10200)
of Division 9 of, and to repeal, add, and repeal Section 11334.8 of, the
Welfare and Institutions Code, and to amend Section 72 of Chapter 32 of
the Statutes of 2011, relating to human services, and making an appropriation
therefor, to take effect immediately, bill related to the budget.
[Approved by Governor June 27, 2012. Filed with
Secretary of State June 27, 2012.]

legislative counsel’s digest

SB 1041, Committee on Budget and Fiscal Review. Human services.
Under existing law, the parents of a minor child are responsible for
supporting the child. Existing law establishes the Department of Child
Support Services, which administers all federal and state laws and regulations
relating to child support enforcement obligations. The Director of Child
Support Services is also responsible for implementing and managing the
statewide automated child support system, which includes the State
Disbursement Unit. Existing law establishes the Child Support Payment
Trust Fund in the State Treasury and authorizes the deposit of child support
payments received by the State Disbursement Unit into that fund, including
overpayments, for the purpose of processing and providing child support
payments. Under existing law, the Department of Child Support Services
may enter into a trust agreement with an intermediary to receive or disburse
child support collections. A trust agreement under these provisions may
create trust accounts held outside the State Treasury.
This bill, for the 2012–13 fiscal year only, would authorize money in
those trust accounts to be invested in specified securities or alternatives that
offer comparable security, including mutual funds and money market funds.
The bill would not authorize an investment or transfer that would interfere
with the objective of the Child Support Payment Trust Fund.

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Existing law requires each county to provide cash assistance and other
social services to needy families through the California Work Opportunity
and Responsibility to Kids (CalWORKs) program, using federal Temporary
Assistance to Needy Families (TANF) block grant program, state, and county
funds.
Under existing law, the county is required to annually redetermine
eligibility for CalWORKs benefits. Existing law additionally requires the
county to redetermine recipient eligibility and grant amounts on a quarterly
basis, using prospective budgeting, and to prospectively determine the grant
amount that a recipient is entitled to receive for each month of the quarterly
reporting period. Under existing law, a CalWORKs recipient is required to
report to the county, orally or in writing, specified changes that could affect
the amount of aid to which the recipient is entitled. Under existing law, the
CalWORKs quarterly reporting system becomes inoperative on October 1,
2013. A semiannual reporting system becomes operative on April 1, 2013,
and is required to be implemented by counties no later than October 1, 2013,
as specified.
This bill, notwithstanding existing law, would exempt a CalWORKs
assistance unit that does not include an eligible adult from periodic reporting
requirements other than the annual redetermination, and would specify grant
calculation income reporting thresholds, recipient reporting duties, and other
criteria applicable to these assistance units.
Under existing law, a parent or caretaker relative is ineligible for
CalWORKs aid when he or she has received aid for a cumulative total of
48 months, as specified. Certain months are not counted as months of aid
for purposes of calculating the 48-month time limit.
Under the CalWORKs program, certain recipients are required to
participate in specified welfare-to-work activities, unless an applicable
exemption applies. Exempted individuals include, until July 1, 2012, a parent
or other relative who has primary responsibility for personally providing
care to one child who is from 12 to 23 months of age, inclusive, or 2 or
more children who are under 6 years of age.
This bill would make the caregiver exemption described above inoperative
on January 1, 2013. The bill would require counties to reengage the exempted
individuals in welfare-to-work activities, by October 1, 2014, except as
specified. The bill also would create a similar, one-time exemption for
caregivers of a child from birth to 23 months of age, inclusive, as specified,
and would provide, effective January 1, 2013, that a month during which
this exemption applies and a month during which a recipient was exempted
under the prior exemption and has not been reengaged would not be counted
as a month of receipt of aid for the recipient. By expanding eligibility for
CalWORKs aid under some circumstances, this bill would make an
appropriation, and by expanding county duties, the bill also would impose
a state-mandated local program.
Existing law requires a participant to participate for at least 20 hours per
week in core activities, as specified.

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This bill effective January 1, 2013, would modify the number of
welfare-to-work participation hours to conform to certain federal
requirements, and would eliminate the above-described requirement relating
to core activities.
This bill would revise welfare-to-work requirements applicable to new
CalWORKs recipients, on and after January 1, 2013. These recipients would
receive 24 months of specified welfare-to-work services and activities, and
would then be required to meet federal work participation requirements, as
specified, unless they are exempted from participation, or receive an
extension, as prescribed. By increasing county duties, the bill would impose
a state-mandated local program.
Existing law gives counties, through the 2011–12 fiscal year, the option
to redirect funding, both from and to the amounts appropriated for
CalWORKs mental health employment assistance services and CalWORKs
substance abuse treatment services, and from and to other CalWORKs
employment services that are necessary for individuals to participate in
welfare-to-work activities.
This bill would extend this county authority through the 2013–14 fiscal
year.
Existing law provides that certain amounts are exempt from the calculation
of income of the family for purposes of determining eligibility for benefits
under the CalWORKs program. Certain exempt amounts are calculated
based on the amount of disability-based unearned income and earned income.
State funds are continuously appropriated to pay for a share of costs under
the CalWORKs program.
This bill would change the exempt amount described above by revising
the calculation. To the extent that this bill would expand CalWORKs
eligibility or increase grant amounts, the bill would make an appropriation.
In addition, by increasing county administrative duties, the bill would impose
a state-mandated local program.
Existing law provides that when aid under the CalWORKs program is
repaid to the state by means of child support collections, the state is entitled
to the entire amount of the aid repaid, except where federal and county funds
were paid, in which case the federal government remains entitled to a
proportionate share of the amount received or recovered and the county
remains entitled to its proportionate share, except for county funds received
or recovered during the 2011–12 fiscal year, which are retained by the state.
This bill would extend the suspension of the county’s recovery of repaid
funds under the above provisions, for the 2012–13 fiscal year, thus allowing
the state to retain those funds.
Existing law provides that the 10 counties with the best performance
standards shall receive an additional 5% of the state’s share of those counties’
collections that are used to reduce or repay aid that is paid under the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program. Existing law requires these additional funds received by a county
to be used for specified child support-related activities. Existing law suspends

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the payment of this additional 5% for the 2002–03 to 2011–12 fiscal years,
inclusive.
This bill would extend the suspension of the additional 5% payments
through the 2014–15 fiscal year.
Existing law provides for the Medi-Cal program, which is administered
by the State Department of Health Care Services, and under which qualified
low-income persons receive health care services. Existing law requires the
Department of Child Support Services to provide payments to the local child
support agency of $50 per case for obtaining 3rd-party health coverage or
insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated
in the Budget Act. Under existing law, these payments are suspended for
the 2003–04 to 2011–12 fiscal years, inclusive.
This bill would extend the suspension of the above-described payments
to local child support agencies through the 2014–15 fiscal year.
Existing law requires the State Department of Social Services, before
issuing a license or special permit to any person to operate or manage a
community care facility or a day care facility, to secure from an appropriate
law enforcement agency a criminal record to determine whether the applicant
or any other specified person has ever been convicted of various crimes.
Existing law, except during the 2003–04 to the 2011–12 fiscal years,
inclusive, prohibits the Department of Justice and the State Department of
Social Services from charging a fee for the fingerprinting of an applicant
for a license to operate a community care facility that will provide
nonmedical board, room, and care for 6 or fewer children, the fingerprinting
of a day care facility applicant that will serve 6 or fewer children, or any
family day care applicant, or for obtaining a criminal record of these
applicants.
This bill would extend this authorization through the 2012–13 fiscal year.
Under existing law, one of the methods by which Medi-Cal program
services are provided is pursuant to contracts with various types of managed
care plans. Existing federal law provides for the federal Medicare Program,
which is a public health insurance program for persons 65 years of age and
older and specified persons with disabilities who are under 65 years of age.
Existing law also provides for the county-administered In-Home Supportive
Services (IHSS) program, under which, either through employment by the
recipient, by or through contract by the county, by the creation of a public
authority, or pursuant to a contract with a nonprofit consortium, qualified
aged, blind, and disabled persons receive services enabling them to remain
in their own homes.
Existing law requires the State Department of Health Care Services to
establish a medication machine pilot project for certain at-risk Medi-Cal
recipients, as specified, and designates the duties of the department in this
regard. Existing law requires the State Department of Social Services, if the
Department of Finance makes a specified determination, to implement, with
some exceptions, a reduction in authorized hours of service to each IHSS
recipient, as prescribed.
This bill would delete these latter provisions.

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Existing law makes specified findings and declarations with respect to
the effect of decreased funding for CalWORKs for the 2009–10 to 2011–12
fiscal years, inclusive. In connection with this decreased funding, existing
law extends certain exemptions from months counted as a month of receipt
of aid, and allows counties to redirect funding between specified employment
assistance and substance abuse treatment programs during the specified
fiscal years, and to revise a specified welfare-to-work exemption in order
to implement the county’s portion of specified funding reductions.
This bill would extend the above provisions indefinitely to apply to
specified decreases in CalWORKs funding.
Existing law requires recipients of aid under the CalWORKs program
who are under 19 years of age who are pregnant or custodial parents to
participate in certain educational programs, which are referred to as the
Cal-Learn Program. Existing law makes the Cal-Learn Program inoperative
until July 1, 2012, except as specified.
This bill would provide that from July 1, 2012, to March 31, 2013,
inclusive, counties be provided full or partial year funding, depending on
the pace of their progression to full implementation of the Cal-Learn Program
by April 1, 2013. By increasing the duties of counties, this bill would impose
a state-mandated local program.
This bill would require the State Department of Social Services to submit
a report to the budget committees of the Legislature with specified
information relating to the Cal-Learn Program.
Existing law prohibits the establishment of a new group home rate or
change to an existing rate under the AFDC-FC program for a prescribed
period, except for exemptions granted on a case-by-case basis, and repeals
this prohibition on January 1, 2013.
This bill would limit exceptions for any program with a rate classification
level (RCL) below 10 to exceptions associated with a program change.
Existing law also requires the State Department of Social Services to
implement a 3.6% reduction in service hours to each IHSS recipient, until
July 1, 2012.
This bill would extend this reduction in service hours through July 1,
2013.
Existing law, the Sales and Use Tax Law, imposes a sales tax on retailers
for the privilege of selling tangible personal property at retail, measured by
the gross receipts from the sale of tangible personal property sold at retail
in this state. A violation of specified provisions of this law is a crime.
Existing law similarly imposes a sales tax on providers of support services
for the privilege of selling support services at retail, measured by the gross
receipts from the sale of those services in this state at a specified rate of
those gross receipts.
Existing law creates the Personal Care IHSS Quality Assurance Revenue
Fund in the State Treasury, and requires the revenue from the tax, less
refunds, to be deposited in the fund. The fund is continuously appropriated
to the State Department of Social Services for purposes of providing
specified supplementary payments to providers of in-home supportive

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services. Existing law requires the IHSS provider tax and related
supplementary payments to be implemented no earlier than July 1, 2010.
This bill would extend the earliest implementation date for the provider
tax and supplementary payment provisions to January 1, 2012.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers, including group homes, on behalf of
qualified children in foster care, according to a schedule of basic foster care
rates. The program is funded by a combination of federal, state, and county
funds. Under existing law, the basic AFDC-FC rates are adjusted annually
on July 1 by the annual percentage change in the California Necessities
Index applicable to the calendar year within which that July 1 occurs.
Existing law declares the need to provide enhanced reimbursement to
address the extraordinary care and supervision needs of children who are
consumers of regional center services and also receiving AFDC-FC, Kinship
Guardianship Assistance Payment Program (Kin-GAP), or Adoption
Assistance Program (AAP) benefits, at a rate that is higher than the average
rate they would otherwise receive through the foster care system and higher
than the rate other children with medical and other significant special needs
receive. Existing law requires that if the schedule of foster care basic rates
is increased on or after January 1, 2008, these enhanced rates shall be
similarly adjusted.
This bill would revise the requirements relating to the adjustment of the
enhanced rates payable for children who are dually eligible, as described
above, to instead require those rates to be annually adjusted by the percentage
change in the California Necessities Index, beginning with the 2011–12
fiscal year.
Existing law requires the State Department of Social Services to establish
a Work Incentive Nutritional Supplement (WINS) program, under which
each county is required to provide a $40 monthly additional food assistance
benefit for each eligible food stamp household, as defined. Under existing
law, the WINS program, in tandem with a preassistance employment
readiness system (PAERS) program, are required to be implemented by the
department on specified dates.
This bill would reduce the amount of the WINS benefit to $10 per month
and would revise the various dates applicable to the implementation of the
programs.
Existing law creates the Child Health and Safety Fund, consisting of
revenues from a specified license plate program and civil penalties imposed
on child day care facility providers. Upon appropriation by the Legislature,
50% of those moneys in the fund derived from the license plate program
are required to be expended to address various child health and safety
concerns, as specified.
This bill would include an additional $501,000 allocation, upon
appropriation by the Legislature, for these purposes.
Existing law vests in the Department of Rehabilitation the responsibility
and authority for the provision of vocational rehabilitation services to

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individuals with physical or mental disabilities. Existing law provides for
the Rehabilitation Appeals Board within the department to hear appeals, as
prescribed, that have been filed with the board by any applicant for, or client
of, the department. Existing law provides that any applicant for, or client
of, the department, upon filing a request, as prescribed, has the right to a
fair hearing before the board that is required to be held within 45 days of
the date the written request is received by the board.
This bill would eliminate the Rehabilitation Appeals Board, provide that
a fair hearing will be held before an impartial hearing officer within 60 days
of a written request for a hearing, and make related changes.
Existing law requires the State Department of Social Services, in
consultation with designated stakeholders in the In-Home Supportive
Services program, to develop a new ratesetting methodology for public
authority administrative costs, to go into effect commencing with the
2012–13 fiscal year.
This bill would delay the effective date of the new ratesetting methodology
to the 2013–14 fiscal year.
Existing law requires the State Department of Social Services to
implement a single statewide Child Welfare Services Case Management
System (CWS/CMS) to administer and evaluate the state’s child welfare
services and foster care programs. Existing law also requires the department,
in partnership with the Office of Systems Integration (OSI) and designated
stakeholders, to perform various activities regarding the effectiveness and
operation of the CWS/CMS, and to report on these activities to the
Legislature, by January 10, 2012.
This bill would require the State Department of Social Services to use
funding included in the Budget Act of 2012 related to replacement of the
CWS/CMS for the next steps necessary to move forward with the
recommendation of the Child Welfare Automation Study Team (CAST) to
proceed toward procuring a new system, as specified. The bill would require
the OSI and the department to report the results of these activities, in addition
to key milestones and anticipated timelines, to the Legislature by March 1,
2013, for review during the 2013 budget hearings.
This bill would require the State Department of Social Services and the
Office of Systems Integration to have a qualified 3rd party conduct a
cost-reasonableness assessment of the costs proposed by the vendor to
migrate the Consortium-IV counties to the newly developed Los Angeles
Eligibility, Automated Determination, Evaluation and Reporting (LEADER)
Replacement System, in order to determine whether the proposed overall
costs are within range of reasonableness, based on specified factors.
This bill would require the State Department of Social Services, in
consultation with stakeholders, including counties advocates, and legislative
staff, to convene a work group to identify best practices and other strategies
to improve early welfare-to-work engagement and barrier removal efforts,
to maximize a recipient’s welfare-to-work opportunities, as specified. The
bill would require the work group to report its findings to the Legislature
by January 10, 2013.

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This bill would require the State Department of Social Services to annually
update the Legislature regarding the changes made by the bill to the
CalWORKs program, and contract with an independent, research-based
institution for an evaluation and written report, with specified contents,
which would be provided to the Legislature by October 1, 2017.
This bill would authorize the State Department of Social Services to
implement certain of its provisions by all-county letters or similar
instructions, pending the adoption of emergency regulations by July 1, 2014.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement
for those costs shall be made pursuant to these statutory provisions.
This bill would appropriate $1,000 from the General Fund to the California
Health and Human Services Agency for administration.
This bill would declare that it is to take effect immediately as a bill
providing for appropriations related to the Budget Bill.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 17311.5 of the Family Code is amended to read:
17311.5. (a) The department may enter into a trust agreement with a
trustee or fiscal intermediary to receive or disburse child support collections.
The trust agreement may contain provisions the department deems reasonable
and proper for the security of the child support payments. Any trust accounts
created by the trust agreements may be held outside the State Treasury.
(b) For the 2012–13 fiscal year only, trust account moneys may be
invested in any of the types of securities listed in Section 16430 of the
Government Code or alternatives offering comparable security, including,
but not limited to, mutual funds and money market funds. This subdivision
does not authorize investments or transfers that would interfere with carrying
out the objective for which the Child Support Payment Trust Fund was
created.
SEC. 2. Section 17706 of the Family Code is amended to read:
17706. (a) It is the intent of the Legislature to encourage counties to
elevate the visibility and significance of the child support enforcement
program in the county. To advance this goal, effective July 1, 2000, the
counties with the 10 best performance standards pursuant to clause (ii) of
subparagraph (B) of paragraph (2) of subdivision (b) of Section 17704 shall
receive an additional 5 percent of the state’s share of those counties’
collections that are used to reduce or repay aid that is paid pursuant to Article
6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code. The counties shall use the increased
recoupment for child support-related activities that may not be eligible for

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federal child support funding under Part D of Title IV of the Social Security
Act, including, but not limited to, providing services to parents to help them
better support their children financially, medically, and emotionally.
(b) The operation of subdivision (a) shall be suspended for the 2002–03,
2003–04, 2004–05, 2005–06, 2006–07, 2007–08, 2008–09, 2009–10,
2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years.
SEC. 3. Section 1522 of the Health and Safety Code is amended to read:
1522. The Legislature recognizes the need to generate timely and accurate
positive fingerprint identification of applicants as a condition of issuing
licenses, permits, or certificates of approval for persons to operate or provide
direct care services in a community care facility, foster family home, or a
certified family home of a licensed foster family agency. Therefore, the
Legislature supports the use of the fingerprint live-scan technology, as
identified in the long-range plan of the Department of Justice for fully
automating the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence System
(CAL-CII), to be used for applicant fingerprints. It is the intent of the
Legislature in enacting this section to require the fingerprints of those
individuals whose contact with community care clients may pose a risk to
the clients’ health and safety. An individual shall be required to obtain either
a criminal record clearance or a criminal record exemption from the State
Department of Social Services before his or her initial presence in a
community care facility.
(a) (1) Before issuing a license or special permit to any person or persons
to operate or manage a community care facility, the State Department of
Social Services shall secure from an appropriate law enforcement agency
a criminal record to determine whether the applicant or any other person
specified in subdivision (b) has ever been convicted of a crime other than
a minor traffic violation or arrested for any crime specified in Section 290
of the Penal Code, for violating Section 245 or 273.5, of the Penal Code,
subdivision (b) of Section 273a of the Penal Code, or, prior to January 1,
1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was convicted
and the person has not been exonerated.
(2) The criminal history information shall include the full criminal record,
if any, of those persons, and subsequent arrest information pursuant to
Section 11105.2 of the Penal Code.
(3) Except during the 2003–04 to the 2012–13 fiscal years, inclusive,
neither the Department of Justice nor the State Department of Social Services
may charge a fee for the fingerprinting of an applicant for a license or special
permit to operate a facility providing nonmedical board, room, and care for
six or less children or for obtaining a criminal record of the applicant
pursuant to this section.
(4) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the applicant,
or any other person specified in subdivision (b), has been convicted of a

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crime other than a minor traffic violation, the application shall be denied,
unless the director grants an exemption pursuant to subdivision (g).
(B) If the State Department of Social Services finds that the applicant,
or any other person specified in subdivision (b) is awaiting trial for a crime
other than a minor traffic violation, the State Department of Social Services
may cease processing the application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the Department
of Justice shall provide the applicant and the State Department of Social
Services with a statement of that fact.
(D) If the State Department of Social Services finds after licensure that
the licensee, or any other person specified in paragraph (1) of subdivision
(b), has been convicted of a crime other than a minor traffic violation, the
license may be revoked, unless the director grants an exemption pursuant
to subdivision (g).
(E) An applicant and any other person specified in subdivision (b) shall
submit fingerprint images and related information to the Department of
Justice for the purpose of searching the criminal records of the Federal
Bureau of Investigation, in addition to the criminal records search required
by this subdivision. If an applicant and all other persons described in
subdivision (b) meet all of the conditions for licensure, except receipt of
the Federal Bureau of Investigation’s criminal offender record information
search response for the applicant or any of the persons described in
subdivision (b), the department may issue a license if the applicant and each
person described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United States, other
than a traffic infraction, as prescribed in paragraph (1) of subdivision (a) of
Section 42001 of the Vehicle Code. If, after licensure, the department
determines that the licensee or any other person specified in subdivision (b)
has a criminal record, the license may be revoked pursuant to Section 1550.
The department may also suspend the license pending an administrative
hearing pursuant to Section 1550.5.
(F) The State Department of Social Services shall develop procedures
to provide the individual’s state and federal criminal history information
with the written notification of his or her exemption denial or revocation
based on the criminal record. Receipt of the criminal history information
shall be optional on the part of the individual, as set forth in the agency’s
procedures. The procedure shall protect the confidentiality and privacy of
the individual’s record, and the criminal history information shall not be
made available to the employer.
(G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her state or federal level criminal
offender record information search response as provided to that department
by the Department of Justice if the department has denied a criminal
background clearance based on this information and the individual makes
a written request to the department for a copy specifying an address to which
it is to be sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or content as

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provided by the Department of Justice and shall be provided to the address
specified by the individual in his or her written request. The department
shall retain a copy of the individual’s written request and the response and
date provided.
(b) (1) In addition to the applicant, this section shall be applicable to
criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of staff.
(B) Any person, other than a client, residing in the facility.
(C) Any person who provides client assistance in dressing, grooming,
bathing, or personal hygiene. Any nurse assistant or home health aide
meeting the requirements of Section 1338.5 or 1736.6, respectively, who
is not employed, retained, or contracted by the licensee, and who has been
certified or recertified on or after July 1, 1998, shall be deemed to meet the
criminal record clearance requirements of this section. A certified nurse
assistant and certified home health aide who will be providing client
assistance and who falls under this exemption shall provide one copy of his
or her current certification, prior to providing care, to the community care
facility. The facility shall maintain the copy of the certification on file as
long as care is being provided by the certified nurse assistant or certified
home health aide at the facility. Nothing in this paragraph restricts the right
of the department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to Section
1558.
(D) Any staff person, volunteer, or employee who has contact with the
clients.
(E) If the applicant is a firm, partnership, association, or corporation, the
chief executive officer or other person serving in like capacity.
(F) Additional officers of the governing body of the applicant, or other
persons with a financial interest in the applicant, as determined necessary
by the department by regulation. The criteria used in the development of
these regulations shall be based on the person’s capability to exercise
substantial influence over the operation of the facility.
(2) The following persons are exempt from the requirements applicable
under paragraph (1):
(A) A medical professional as defined in department regulations who
holds a valid license or certification from the person’s governing California
medical care regulatory entity and who is not employed, retained, or
contracted by the licensee if all of the following apply:
(i) The criminal record of the person has been cleared as a condition of
licensure or certification by the person’s governing California medical care
regulatory entity.
(ii) The person is providing time-limited specialized clinical care or
services.
(iii) The person is providing care or services within the person’s scope
of practice.
(iv) The person is not a community care facility licensee or an employee
of the facility.

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(B) A third-party repair person or similar retained contractor if all of the
following apply:
(i) The person is hired for a defined, time-limited job.
(ii) The person is not left alone with clients.
(iii) When clients are present in the room in which the repair person or
contractor is working, a staff person who has a criminal record clearance
or exemption is also present.
(C) Employees of a licensed home health agency and other members of
licensed hospice interdisciplinary teams who have a contract with a client
or resident of the facility and are in the facility at the request of that client
or resident’s legal decisionmaker. The exemption does not apply to a person
who is a community care facility licensee or an employee of the facility.
(D) Clergy and other spiritual caregivers who are performing services
in common areas of the community care facility or who are advising an
individual client at the request of, or with the permission of, the client or
legal decisionmaker, are exempt from fingerprint and criminal background
check requirements imposed by community care licensing. This exemption
does not apply to a person who is a community care licensee or employee
of the facility.
(E) Members of fraternal, service, or similar organizations who conduct
group activities for clients if all of the following apply:
(i) Members are not left alone with clients.
(ii) Members do not transport clients off the facility premises.
(iii) The same organization does not conduct group activities for clients
more often than defined by the department’s regulations.
(3) In addition to the exemptions in paragraph (2), the following persons
in foster family homes, certified family homes, and small family homes are
exempt from the requirements applicable under paragraph (1):
(A) Adult friends and family of the licensed or certified foster parent,
who come into the home to visit for a length of time no longer than defined
by the department in regulations, provided that the adult friends and family
of the licensee are not left alone with the foster children. However, the
licensee, acting as a reasonable and prudent parent, as defined in paragraph
(2) of subdivision (a) of Section 362.04 of the Welfare and Institutions Code,
may allow his or her adult friends and family to provide short-term care to
the foster child and act as an appropriate occasional short-term babysitter
for the child.
(B) Parents of a foster child’s friend when the foster child is visiting the
friend’s home and the friend, licensed or certified foster parent, or both are
also present. However, the licensee, acting as a reasonable and prudent
parent, may allow the parent of the foster child’s friend to act as an
appropriate short-term babysitter for the child without the friend being
present.
(C) Individuals who are engaged by any licensed or certified foster parent
to provide short-term care to the child for periods not to exceed 24 hours.
Caregivers shall use a reasonable and prudent parent standard in selecting

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appropriate individuals to act as appropriate occasional short-term
babysitters.
(4) In addition to the exemptions specified in paragraph (2), the following
persons in adult day care and adult day support centers are exempt from the
requirements applicable under paragraph (1):
(A) Unless contraindicated by the client’s individualized program plan
(IPP) or needs and service plan, a spouse, significant other, relative, or close
friend of a client, or an attendant or a facilitator for a client with a
developmental disability if the attendant or facilitator is not employed,
retained, or contracted by the licensee. This exemption applies only if the
person is visiting the client or providing direct care and supervision to the
client.
(B) A volunteer if all of the following applies:
(i) The volunteer is supervised by the licensee or a facility employee
with a criminal record clearance or exemption.
(ii) The volunteer is never left alone with clients.
(iii) The volunteer does not provide any client assistance with dressing,
grooming, bathing, or personal hygiene other than washing of hands.
(5) (A) In addition to the exemptions specified in paragraph (2), the
following persons in adult residential and social rehabilitation facilities,
unless contraindicated by the client’s individualized program plan (IPP) or
needs and services plan, are exempt from the requirements applicable under
paragraph (1): a spouse, significant other, relative, or close friend of a client,
or an attendant or a facilitator for a client with a developmental disability
if the attendant or facilitator is not employed, retained, or contracted by the
licensee. This exemption applies only if the person is visiting the client or
providing direct care and supervision to that client.
(B) Nothing in this subdivision shall prevent a licensee from requiring
a criminal record clearance of any individual exempt from the requirements
of this section, provided that the individual has client contact.
(6) Any person similar to those described in this subdivision, as defined
by the department in regulations.
(c) (1) Subsequent to initial licensure, a person specified in subdivision
(b) who is not exempted from fingerprinting shall obtain either a criminal
record clearance or an exemption from disqualification pursuant to
subdivision (g) from the State Department of Social Services prior to
employment, residence, or initial presence in the facility. A person specified
in subdivision (b) who is not exempt from fingerprinting shall be
fingerprinted and shall sign a declaration under penalty of perjury regarding
any prior criminal convictions. The licensee shall submit fingerprint images
and related information to the Department of Justice and the Federal Bureau
of Investigation, through the Department of Justice, for a state and federal
level criminal offender record information search, or comply with paragraph
(1) of subdivision (h). These fingerprint images and related information
shall be sent by electronic transmission in a manner approved by the State
Department of Social Services and the Department of Justice for the purpose
of obtaining a permanent set of fingerprints, and shall be submitted to the

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Department of Justice by the licensee. A licensee’s failure to prohibit the
employment, residence, or initial presence of a person specified in
subdivision (b) who is not exempt from fingerprinting and who has not
received either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) or to comply with paragraph (1)
of subdivision (h), as required in this section, shall result in the citation of
a deficiency and the immediate assessment of civil penalties in the amount
of one hundred dollars ($100) per violation per day for a maximum of five
days, unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days, and
shall be grounds for disciplining the licensee pursuant to Section 1550. The
department may assess civil penalties for continued violations as permitted
by Section 1548. The fingerprint images and related information shall then
be submitted to the Department of Justice for processing. Upon request of
the licensee, who shall enclose a self-addressed stamped postcard for this
purpose, the Department of Justice shall verify receipt of the fingerprints.
(2) Within 14 calendar days of the receipt of the fingerprint images, the
Department of Justice shall notify the State Department of Social Services
of the criminal record information, as provided for in subdivision (a). If no
criminal record information has been recorded, the Department of Justice
shall provide the licensee and the State Department of Social Services with
a statement of that fact within 14 calendar days of receipt of the fingerprint
images. Documentation of the individual’s clearance or exemption from
disqualification shall be maintained by the licensee and be available for
inspection. If new fingerprint images are required for processing, the
Department of Justice shall, within 14 calendar days from the date of receipt
of the fingerprints, notify the licensee that the fingerprints were illegible,
the Department of Justice shall notify the State Department of Social
Services, as required by Section 1522.04, and shall also notify the licensee
by mail, within 14 days of electronic transmission of the fingerprints to the
Department of Justice, if the person has no criminal history recorded. A
violation of the regulations adopted pursuant to Section 1522.04 shall result
in the citation of a deficiency and an immediate assessment of civil penalties
in the amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties shall
be in the amount of one hundred dollars ($100) per violation for a maximum
of 30 days, and shall be grounds for disciplining the licensee pursuant to
Section 1550. The department may assess civil penalties for continued
violations as permitted by Section 1548.
(3) Except for persons specified in subdivision (b) who are exempt from
fingerprinting, the licensee shall endeavor to ascertain the previous
employment history of persons required to be fingerprinted. If it is
determined by the State Department of Social Services, on the basis of the
fingerprint images and related information submitted to the Department of
Justice, that subsequent to obtaining a criminal record clearance or exemption

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from disqualification pursuant to subdivision (g), the person has been
convicted of, or is awaiting trial for, a sex offense against a minor, or has
been convicted for an offense specified in Section 243.4, 273a, 273d, 273g,
or 368 of the Penal Code, or a felony, the State Department of Social
Services shall notify the licensee to act immediately to terminate the person’s
employment, remove the person from the community care facility, or bar
the person from entering the community care facility. The State Department
of Social Services may subsequently grant an exemption from
disqualification pursuant to subdivision (g). If the conviction or arrest was
for another crime, except a minor traffic violation, the licensee shall, upon
notification by the State Department of Social Services, act immediately to
either (A) terminate the person’s employment, remove the person from the
community care facility, or bar the person from entering the community
care facility; or (B) seek an exemption from disqualification pursuant to
subdivision (g). The State Department of Social Services shall determine
if the person shall be allowed to remain in the facility until a decision on
the exemption from disqualification is rendered. A licensee’s failure to
comply with the department’s prohibition of employment, contact with
clients, or presence in the facility as required by this paragraph shall result
in a citation of deficiency and an immediate assessment of civil penalties
in the amount of one hundred dollars ($100) per violation per day and shall
be grounds for disciplining the licensee pursuant to Section 1550.
(4) The department may issue an exemption from disqualification on its
own motion pursuant to subdivision (g) if the person’s criminal history
indicates that the person is of good character based on the age, seriousness,
and frequency of the conviction or convictions. The department, in
consultation with interested parties, shall develop regulations to establish
the criteria to grant an exemption from disqualification pursuant to this
paragraph.
(5) Concurrently with notifying the licensee pursuant to paragraph (3),
the department shall notify the affected individual of his or her right to seek
an exemption from disqualification pursuant to subdivision (g). The
individual may seek an exemption from disqualification only if the licensee
terminates the person’s employment or removes the person from the facility
after receiving notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license or certificate of approval to any person
or persons to operate a foster family home or certified family home as
described in Section 1506, the State Department of Social Services or other
approving authority shall secure California and Federal Bureau of
Investigation criminal history information to determine whether the applicant
or any person specified in subdivision (b) who is not exempt from
fingerprinting has ever been convicted of a crime other than a minor traffic
violation or arrested for any crime specified in subdivision (c) of Section
290 of the Penal Code, for violating Section 245 or 273.5, subdivision (b)
of Section 273a or, prior to January 1, 1994, paragraph (2) of Section 273a
of the Penal Code, or for any crime for which the department cannot grant
an exemption if the person was convicted and the person has not been

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exonerated. The State Department of Social Services or other approving
authority shall not issue a license or certificate of approval to any foster
family home or certified family home applicant who has not obtained both
a California and Federal Bureau of Investigation criminal record clearance
or exemption from disqualification pursuant to subdivision (g).
(2) The criminal history information shall include the full criminal record,
if any, of those persons.
(3) Neither the Department of Justice nor the State Department of Social
Services may charge a fee for the fingerprinting of an applicant for a license,
special permit, or certificate of approval described in this subdivision. The
record, if any, shall be taken into consideration when evaluating a prospective
applicant.
(4) The following shall apply to the criminal record information:
(A) If the applicant or other persons specified in subdivision (b) who are
not exempt from fingerprinting have convictions that would make the
applicant’s home unfit as a foster family home or a certified family home,
the license, special permit, or certificate of approval shall be denied.
(B) If the State Department of Social Services finds that the applicant,
or any person specified in subdivision (b) who is not exempt from
fingerprinting is awaiting trial for a crime other than a minor traffic violation,
the State Department of Social Services or other approving authority may
cease processing the application until the conclusion of the trial.
(C) For purposes of this subdivision, a criminal record clearance provided
under Section 8712 of the Family Code may be used by the department or
other approving agency.
(D) To the same extent required for federal funding, an applicant for a
foster family home license or for certification as a family home, and any
other person specified in subdivision (b) who is not exempt from
fingerprinting, shall submit a set of fingerprint images and related
information to the Department of Justice and the Federal Bureau of
Investigation, through the Department of Justice, for a state and federal
level criminal offender record information search, in addition to the criminal
records search required by subdivision (a).
(5) Any person specified in this subdivision shall, as a part of the
application, be fingerprinted and sign a declaration under penalty of perjury
regarding any prior criminal convictions or arrests for any crime against a
child, spousal or cohabitant abuse or, any crime for which the department
cannot grant an exemption if the person was convicted and shall submit
these fingerprints to the licensing agency or other approving authority.
(6) (A) Subsequent to initial licensure or certification, a person specified
in subdivision (b) who is not exempt from fingerprinting shall obtain both
a California and Federal Bureau of Investigation criminal record clearance,
or an exemption from disqualification pursuant to subdivision (g), prior to
employment, residence, or initial presence in the foster family or certified
family home. A foster family home licensee or foster family agency shall
submit fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the Department

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of Justice and the Federal Bureau of Investigation, through the Department
of Justice, for a state and federal level criminal offender record information
search, or to comply with paragraph (1) of subdivision (h). A foster family
home licensee’s or a foster family agency’s failure to either prohibit the
employment, residence, or initial presence of a person specified in
subdivision (b) who is not exempt from fingerprinting and who has not
received either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g), or comply with paragraph (1)
of subdivision (h), as required in this section, shall result in a citation of a
deficiency, and the immediate civil penalties of one hundred dollars ($100)
per violation per day for a maximum of five days, unless the violation is a
second or subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100) per
violation for a maximum of 30 days, and shall be grounds for disciplining
the licensee pursuant to Section 1550. A violation of the regulation adopted
pursuant to Section 1522.04 shall result in the citation of a deficiency and
an immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month period in
which case the civil penalties shall be in the amount of one hundred dollars
($100) per violation for a maximum of 30 days, and shall be grounds for
disciplining the foster family home licensee or the foster family agency
pursuant to Section 1550. The State Department of Social Services may
assess penalties for continued violations, as permitted by Section 1548. The
fingerprint images shall then be submitted to the Department of Justice for
processing.
(B) Upon request of the licensee, who shall enclose a self-addressed
envelope for this purpose, the Department of Justice shall verify receipt of
the fingerprints. Within five working days of the receipt of the criminal
record or information regarding criminal convictions from the Department
of Justice, the department shall notify the applicant of any criminal arrests
or convictions. If no arrests or convictions are recorded, the Department of
Justice shall provide the foster family home licensee or the foster family
agency with a statement of that fact concurrent with providing the
information to the State Department of Social Services.
(7) If the State Department of Social Services finds that the applicant,
or any other person specified in subdivision (b) who is not exempt from
fingerprinting, has been convicted of a crime other than a minor traffic
violation, the application shall be denied, unless the director grants an
exemption from disqualification pursuant to subdivision (g).
(8) If the State Department of Social Services finds after licensure or the
granting of the certificate of approval that the licensee, certified foster parent,
or any other person specified in subdivision (b) who is not exempt from
fingerprinting, has been convicted of a crime other than a minor traffic
violation, the license or certificate of approval may be revoked by the
department or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to subdivision

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(g). A licensee’s failure to comply with the department’s prohibition of
employment, contact with clients, or presence in the facility as required by
paragraph (3) of subdivision (c) shall be grounds for disciplining the licensee
pursuant to Section 1550.
(e) The State Department of Social Services shall not use a record of
arrest to deny, revoke, or terminate any application, license, employment,
or residence unless the department investigates the incident and secures
evidence, whether or not related to the incident of arrest, that is admissible
in an administrative hearing to establish conduct by the person that may
pose a risk to the health and safety of any person who is or may become a
client. The State Department of Social Services is authorized to obtain any
arrest or conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and investigate
community care facilities and individuals associated with a community care
facility.
(f) (1) For purposes of this section or any other provision of this chapter,
a conviction means a plea or verdict of guilty or a conviction following a
plea of nolo contendere. Any action that the State Department of Social
Services is permitted to take following the establishment of a conviction
may be taken when the time for appeal has elapsed, when the judgment of
conviction has been affirmed on appeal, or when an order granting probation
is made suspending the imposition of sentence, notwithstanding a subsequent
order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting
the person to withdraw his or her plea of guilty and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the accusation,
information, or indictment. For purposes of this section or any other
provision of this chapter, the record of a conviction, or a copy thereof
certified by the clerk of the court or by a judge of the court in which the
conviction occurred, shall be conclusive evidence of the conviction. For
purposes of this section or any other provision of this chapter, the arrest
disposition report certified by the Department of Justice, or documents
admissible in a criminal action pursuant to Section 969b of the Penal Code,
shall be prima facie evidence of the conviction, notwithstanding any other
law prohibiting the admission of these documents in a civil or administrative
action.
(2) For purposes of this section or any other provision of this chapter,
the department shall consider criminal convictions from another state or
federal court as if the criminal offense was committed in this state.
(g) (1) After review of the record, the director may grant an exemption
from disqualification for a license or special permit as specified in paragraph
(4) of subdivision (a), or for a license, special permit, or certificate of
approval as specified in paragraphs (4), (7), and (8) of subdivision (d), or
for employment, residence, or presence in a community care facility as
specified in paragraphs (3), (4), and (5) of subdivision (c), if the director
has substantial and convincing evidence to support a reasonable belief that
the applicant and the person convicted of the crime, if other than the
applicant, are of good character as to justify issuance of the license or special

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permit or granting an exemption for purposes of subdivision (c). Except as
otherwise provided in this subdivision, an exemption shall not be granted
pursuant to this subdivision if the conviction was for any of the following
offenses:
(A) (i) An offense specified in Section 220, 243.4, or 264.1, subdivision
(a) of Section 273a or, prior to January 1, 1994, paragraph (1) of Section
273a, Section 273d, 288, or 289, subdivision (c) of Section 290, or Section
368 of the Penal Code, or was a conviction of another crime against an
individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(ii) Notwithstanding clause (i), the director may grant an exemption
regarding the conviction for an offense described in paragraph (1), (2), (7),
or (8) of subdivision (c) of Section 667.5 of the Penal Code, if the employee
or prospective employee has been rehabilitated as provided in Section
4852.03 of the Penal Code, has maintained the conduct required in Section
4852.05 of the Penal Code for at least 10 years, and has the recommendation
of the district attorney representing the employee’s county of residence, or
if the employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3 of the Penal Code. This clause shall not apply to foster
care providers, including relative caregivers, nonrelated extended family
members, or any other person specified in subdivision (b), in those homes
where the individual has been convicted of an offense described in paragraph
(1) of subdivision (c) of Section 667.5 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section 347,
subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal
Code.
(C) Under no circumstances shall an exemption be granted pursuant to
this subdivision to any foster care provider applicant if that applicant, or
any other person specified in subdivision (b) in those homes, has a felony
conviction for either of the following offenses:
(i) A felony conviction for child abuse or neglect, spousal abuse, crimes
against a child, including child pornography, or for a crime involving
violence, including rape, sexual assault, or homicide, but not including other
physical assault and battery. For purposes of this subparagraph, a crime
involving violence means a violent crime specified in clause (i) of
subparagraph (A), or subparagraph (B).
(ii) A felony conviction, within the last five years, for physical assault,
battery, or a drug- or alcohol-related offense.
(iii) This subparagraph shall not apply to licenses or approvals wherein
a caregiver was granted an exemption to a criminal conviction described in
clause (i) or (ii) prior to the enactment of this subparagraph.
(iv) This subparagraph shall remain operative only to the extent that
compliance with its provisions is required by federal law as a condition for
receiving funding under Title IV-E of the federal Social Security Act (42
U.S.C. Sec. 670 et seq.).

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(2) The department shall not prohibit a person from being employed or
having contact with clients in a facility on the basis of a denied criminal
record exemption request or arrest information unless the department
complies with the requirements of Section 1558.
(h) (1) For purposes of compliance with this section, the department
may permit an individual to transfer a current criminal record clearance, as
defined in subdivision (a), from one facility to another, as long as the
criminal record clearance has been processed through a state licensing
district office, and is being transferred to another facility licensed by a state
licensing district office. The request shall be in writing to the State
Department of Social Services, and shall include a copy of the person’s
driver’s license or valid identification card issued by the Department of
Motor Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California resident. Upon
request of the licensee, who shall enclose a self-addressed envelope for this
purpose, the State Department of Social Services shall verify whether the
individual has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal record
clearances in its active files for a minimum of three years after an employee
is no longer employed at a licensed facility in order for the criminal record
clearance to be transferred.
(3) The following shall apply to a criminal record clearance or exemption
from the department or a county office with department-delegated licensing
authority:
(A) A county office with department-delegated licensing authority may
accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any county
office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority may
accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of Justice
pursuant to Section 11105.2 of the Penal Code concerning an individual
whose criminal record clearance was originally processed by the department
or a county office with department-delegated licensing authority, all of the
following shall apply:
(A) The Department of Justice shall process a request from the department
or a county office with department-delegated licensing authority to receive
the notice only if all of the following conditions are met:
(i) The request shall be submitted to the Department of Justice by the
agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type for which
the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and format
protocols pursuant to a written agreement between the department and the
Department of Justice.

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(B) (i) On or before January 7, 2005, the department shall notify the
Department of Justice of all county offices that have department-delegated
licensing authority.
(ii) The department shall notify the Department of Justice within 15
calendar days of the date on which a new county office receives
department-delegated licensing authority or a county’s delegated licensing
authority is rescinded.
(C) The Department of Justice shall charge the department, a county
office with department-delegated licensing authority, or a county child
welfare agency with criminal record clearance and exemption authority, a
fee for each time a request to substitute the recipient agency is received for
purposes of this paragraph. This fee shall not exceed the cost of providing
the service.
(5) (A) A county child welfare agency with authority to secure clearances
pursuant to Section 16504.5 of the Welfare and Institutions Code and to
grant exemptions pursuant to Section 361.4 of the Welfare and Institutions
Code may accept a clearance or exemption from another county with criminal
record and exemption authority pursuant to these sections.
(B) With respect to notifications issued by the Department of Justice
pursuant to Section 11105.2 of the Penal Code concerning an individual
whose criminal record clearance was originally processed by a county child
welfare agency with criminal record clearance and exemption authority, the
Department of Justice shall process a request from a county child welfare
agency with criminal record and exemption authority to receive the notice
only if all of the following conditions are met:
(i) The request shall be submitted to the Department of Justice by the
agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type for which
the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and format
protocols pursuant to a written agreement between the State Department of
Social Services and the Department of Justice.
(i) The full criminal record obtained for purposes of this section may be
used by the department or by a licensed adoption agency as a clearance
required for adoption purposes.
(j) If a licensee or facility is required by law to deny employment or to
terminate employment of any employee based on written notification from
the state department that the employee has a prior criminal conviction or is
determined unsuitable for employment under Section 1558, the licensee or
facility shall not incur civil liability or unemployment insurance liability as
a result of that denial or termination.
(k) The State Department of Social Services may charge a fee for the
costs of processing electronic fingerprint images and related information.
(l) Amendments to this section made in the 1999 portion of the 1999–2000
Regular Session shall be implemented commencing 60 days after the
effective date of the act amending this section in the 1999 portion of the
1999–2000 Regular Session, except that those provisions for the submission

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of fingerprints for searching the records of the Federal Bureau of
Investigation shall be implemented 90 days after the effective date of that
act.
SEC. 4. Section 1596.871 of the Health and Safety Code is amended to
read:
1596.871. The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a condition of
issuing licenses, permits, or certificates of approval for persons to operate
or provide direct care services in a child care center or family child care
home. It is the intent of the Legislature in enacting this section to require
the fingerprints of those individuals whose contact with child day care
facility clients may pose a risk to the children’s health and safety. An
individual shall be required to obtain either a criminal record clearance or
a criminal record exemption from the State Department of Social Services
before his or her initial presence in a child day care facility.
(a) (1) Before issuing a license or special permit to any person to operate
or manage a day care facility, the department shall secure from an appropriate
law enforcement agency a criminal record to determine whether the applicant
or any other person specified in subdivision (b) has ever been convicted of
a crime other than a minor traffic violation or arrested for any crime specified
in subdivision (c) of Section 290 of the Penal Code, for violating Section
245 or 273.5, subdivision (b) of Section 273a or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for which
the department cannot grant an exemption if the person was convicted and
the person has not been exonerated.
(2) The criminal history information shall include the full criminal record,
if any, of those persons, and subsequent arrest information pursuant to
Section 11105.2 of the Penal Code.
(3) Except during the 2003–04 through 2012–13 fiscal years, inclusive,
neither the Department of Justice nor the department may charge a fee for
the fingerprinting of an applicant who will serve six or fewer children or
any family day care applicant for a license, or for obtaining a criminal record
of an applicant pursuant to this section.
(4) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the applicant
or any other person specified in subdivision (b) has been convicted of a
crime, other than a minor traffic violation, the application shall be denied,
unless the director grants an exemption pursuant to subdivision (f).
(B) If the State Department of Social Services finds that the applicant,
or any other person specified in subdivision (b), is awaiting trial for a crime
other than a minor traffic violation, the State Department of Social Services
may cease processing the application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the Department
of Justice shall provide the applicant and the State Department of Social
Services with a statement of that fact.
(D) If the State Department of Social Services finds after licensure that
the licensee, or any other person specified in paragraph (2) of subdivision

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(b), has been convicted of a crime other than a minor traffic violation, the
license may be revoked, unless the director grants an exemption pursuant
to subdivision (f).
(E) An applicant and any other person specified in subdivision (b) shall
submit fingerprint images and related information to the Department of
Justice and the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record information
search, in addition to the search required by subdivision (a). If an applicant
meets all other conditions for licensure, except receipt of the Federal Bureau
of Investigation’s criminal history information for the applicant and persons
listed in subdivision (b), the department may issue a license if the applicant
and each person described by subdivision (b) has signed and submitted a
statement that he or she has never been convicted of a crime in the United
States, other than a traffic infraction as defined in paragraph (1) of
subdivision (a) of Section 42001 of the Vehicle Code. If, after licensure,
the department determines that the licensee or person specified in subdivision
(b) has a criminal record, the license may be revoked pursuant to Section
1596.885. The department may also suspend the license pending an
administrative hearing pursuant to Section 1596.886.
(b) (1) In addition to the applicant, this section shall be applicable to
criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of staff.
(B) Any person, other than a child, residing in the facility.
(C) Any person who provides care and supervision to the children.
(D) Any staff person, volunteer, or employee who has contact with the
children.
(i) A volunteer providing time-limited specialized services shall be
exempt from the requirements of this subdivision if this person is directly
supervised by the licensee or a facility employee with a criminal record
clearance or exemption, the volunteer spends no more than 16 hours per
week at the facility, and the volunteer is not left alone with children in care.
(ii) A student enrolled or participating at an accredited educational
institution shall be exempt from the requirements of this subdivision if the
student is directly supervised by the licensee or a facility employee with a
criminal record clearance or exemption, the facility has an agreement with
the educational institution concerning the placement of the student, the
student spends no more than 16 hours per week at the facility, and the student
is not left alone with children in care.
(iii) A volunteer who is a relative, legal guardian, or foster parent of a
client in the facility shall be exempt from the requirements of this
subdivision.
(iv) A contracted repair person retained by the facility, if not left alone
with children in care, shall be exempt from the requirements of this
subdivision.
(v) Any person similar to those described in this subdivision, as defined
by the department in regulations.

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(E) If the applicant is a firm, partnership, association, or corporation, the
chief executive officer, other person serving in like capacity, or a person
designated by the chief executive officer as responsible for the operation
of the facility, as designated by the applicant agency.
(F) If the applicant is a local educational agency, the president of the
governing board, the school district superintendent, or a person designated
to administer the operation of the facility, as designated by the local
educational agency.
(G) Additional officers of the governing body of the applicant, or other
persons with a financial interest in the applicant, as determined necessary
by the department by regulation. The criteria used in the development of
these regulations shall be based on the person’s capability to exercise
substantial influence over the operation of the facility.
(H) This section does not apply to employees of child care and
development programs under contract with the State Department of
Education who have completed a criminal record clearance as part of an
application to the Commission on Teacher Credentialing, and who possess
a current credential or permit issued by the commission, including employees
of child care and development programs that serve both children subsidized
under, and children not subsidized under, a State Department of Education
contract. The Commission on Teacher Credentialing shall notify the
department upon revocation of a current credential or permit issued to an
employee of a child care and development program under contract with the
State Department of Education.
(I) This section does not apply to employees of a child care and
development program operated by a school district, county office of
education, or community college district under contract with the State
Department of Education who have completed a criminal record clearance
as a condition of employment. The school district, county office of education,
or community college district upon receiving information that the status of
an employee’s criminal record clearance has changed shall submit that
information to the department.
(2) Nothing in this subdivision shall prevent a licensee from requiring a
criminal record clearance of any individuals exempt from the requirements
under this subdivision.
(c) (1) (A) Subsequent to initial licensure, any person specified in
subdivision (b) and not exempted from fingerprinting shall, as a condition
to employment, residence, or presence in a child day care facility be
fingerprinted and sign a declaration under penalty of perjury regarding any
prior criminal conviction. The licensee shall submit fingerprint images and
related information to the Department of Justice and the Federal Bureau of
Investigation, through the Department of Justice, or to comply with
paragraph (1) of subdivision (h), prior to the person’s employment, residence,
or initial presence in the child day care facility.
(B) These fingerprint images for the purpose of obtaining a permanent
set of fingerprints shall be electronically submitted to the Department of
Justice in a manner approved by the State Department of Social Services

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and to the Department of Justice, or to comply with paragraph (1) of
subdivision (h), as required in this section, shall result in the citation of a
deficiency, and an immediate assessment of civil penalties in the amount
of one hundred dollars ($100) per violation per day for a maximum of five
days, unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days, and
shall be grounds for disciplining the licensee pursuant to Section 1596.885
or Section 1596.886. The State Department of Social Services may assess
civil penalties for continued violations permitted by Sections 1596.99 and
1597.62. The fingerprint images and related information shall then be
submitted to the department for processing. Within 14 calendar days of the
receipt of the fingerprint images, the Department of Justice shall notify the
State Department of Social Services of the criminal record information, as
provided in this subdivision. If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and the State
Department of Social Services with a statement of that fact within 14
calendar days of receipt of the fingerprint images. If new fingerprint images
are required for processing, the Department of Justice shall, within 14
calendar days from the date of receipt of the fingerprint images, notify the
licensee that the fingerprints were illegible.
(C) Documentation of the individual’s clearance or exemption shall be
maintained by the licensee, and shall be available for inspection. When
live-scan technology is operational, as defined in Section 1522.04, the
Department of Justice shall notify the department, as required by that section,
and notify the licensee by mail within 14 days of electronic transmission of
the fingerprints to the Department of Justice, if the person has no criminal
record. Any violation of the regulations adopted pursuant to Section 1522.04
shall result in the citation of a deficiency and an immediate assessment of
civil penalties in the amount of one hundred dollars ($100) per violation
per day for a maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the civil
penalties shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the licensee
pursuant to Section 1596.885 or Section 1596.886. The department may
assess civil penalties for continued violations, as permitted by Sections
1596.99 and 1597.62.
(2) Except for persons specified in paragraph (2) of subdivision (b), the
licensee shall endeavor to ascertain the previous employment history of
persons required to be fingerprinted under this subdivision. If it is determined
by the department, on the basis of fingerprints submitted to the Department
of Justice, that the person has been convicted of a sex offense against a
minor, an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
the Penal Code, or a felony, the State Department of Social Services shall
notify the licensee to act immediately to terminate the person’s employment,
remove the person from the child day care facility, or bar the person from
entering the child day care facility. The department may subsequently grant

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an exemption pursuant to subdivision (f). If the conviction was for another
crime except a minor traffic violation, the licensee shall, upon notification
by the State Department of Social Services, act immediately to either (1)
terminate the person’s employment, remove the person from the child day
care facility, or bar the person from entering the child day care facility; or
(2) seek an exemption pursuant to subdivision (f). The department shall
determine if the person shall be allowed to remain in the facility until a
decision on the exemption is rendered. A licensee’s failure to comply with
the department’s prohibition of employment, contact with clients, or presence
in the facility as required by this paragraph shall result in a citation of
deficiency and an immediate assessment of civil penalties by the department
against the licensee, in the amount of one hundred dollars ($100) per
violation per day for a maximum of five days, unless the violation is a second
or subsequent violation within a 12-month period in which case the civil
penalties shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the licensee
pursuant to Section 1596.885 or 1596.886.
(3) The department may issue an exemption on its own motion pursuant
to subdivision (f) if the person’s criminal history indicates that the person
is of good character based on the age, seriousness, and frequency of the
conviction or convictions. The department, in consultation with interested
parties, shall develop regulations to establish the criteria to grant an
exemption pursuant to this paragraph.
(4) Concurrently with notifying the licensee pursuant to paragraph (3),
the department shall notify the affected individual of his or her right to seek
an exemption pursuant to subdivision (f). The individual may seek an
exemption only if the licensee terminates the person’s employment or
removes the person from the facility after receiving notice from the
department pursuant to paragraph (3).
(d) (1) For purposes of this section or any other provision of this chapter,
a conviction means a plea or verdict of guilty or a conviction following a
plea of nolo contendere. Any action that the department is permitted to take
following the establishment of a conviction may be taken when the time for
appeal has elapsed, when the judgment of conviction has been affirmed on
appeal, or when an order granting probation is made suspending the
imposition of sentence, notwithstanding a subsequent order pursuant to
Sections 1203.4 and 1203.4a of the Penal Code permitting the person to
withdraw his or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation, information, or
indictment. For purposes of this section or any other provision of this chapter,
the record of a conviction, or a copy thereof certified by the clerk of the
court or by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section or any
other provision of this chapter, the arrest disposition report certified by the
Department of Justice, or documents admissible in a criminal action pursuant
to Section 969b of the Penal Code, shall be prima facie evidence of

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conviction, notwithstanding any other provision of law prohibiting the
admission of these documents in a civil or administrative action.
(2) For purposes of this section or any other provision of this chapter,
the department shall consider criminal convictions from another state or
federal court as if the criminal offense was committed in this state.
(e) The State Department of Social Services may not use a record of
arrest to deny, revoke, or terminate any application, license, employment,
or residence unless the department investigates the incident and secures
evidence, whether or not related to the incident of arrest, that is admissible
in an administrative hearing to establish conduct by the person that may
pose a risk to the health and safety of any person who is or may become a
client. The State Department of Social Services is authorized to obtain any
arrest or conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and investigate
community care facilities and individuals associated with a community care
facility.
(f) (1) After review of the record, the director may grant an exemption
from disqualification for a license or special permit as specified in paragraphs
(1) and (4) of subdivision (a), or for employment, residence, or presence in
a child day care facility as specified in paragraphs (3), (4), and (5) of
subdivision (c) if the director has substantial and convincing evidence to
support a reasonable belief that the applicant and the person convicted of
the crime, if other than the applicant, are of good character so as to justify
issuance of the license or special permit or granting an exemption for
purposes of subdivision (c). However, an exemption may not be granted
pursuant to this subdivision if the conviction was for any of the following
offenses:
(A) An offense specified in Section 220, 243.4, or 264.1, subdivision (a)
of Section 273a or, prior to January 1, 1994, paragraph (1) of Section 273a,
Section 273d, 288, or 289, subdivision (c) of Section 290, or Section 368
of the Penal Code, or was a conviction of another crime against an individual
specified in subdivision (c) of Section 667.5 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section 347,
subdivision (b) of Section 417, or subdivision (a) or (b) of Section 451 of
the Penal Code.
(2) The department may not prohibit a person from being employed or
having contact with clients in a facility on the basis of a denied criminal
record exemption request or arrest information unless the department
complies with the requirements of Section 1596.8897.
(g) Upon request of the licensee, who shall enclose a self-addressed
stamped postcard for this purpose, the Department of Justice shall verify
receipt of the fingerprint images.
(h) (1) For the purposes of compliance with this section, the department
may permit an individual to transfer a current criminal record clearance, as
defined in subdivision (a), from one facility to another, as long as the
criminal record clearance has been processed through a state licensing

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district office, and is being transferred to another facility licensed by a state
licensing district office. The request shall be in writing to the department,
and shall include a copy of the person’s driver’s license or valid identification
card issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States government if the
person is not a California resident. Upon request of the licensee, who shall
enclose a self-addressed stamped envelope for this purpose, the department
shall verify whether the individual has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal record
clearances in its active files for a minimum of two years after an employee
is no longer employed at a licensed facility in order for the criminal record
clearances to be transferred.
(3) The following shall apply to a criminal record clearance or exemption
from the department or a county office with department-delegated licensing
authority:
(A) A county office with department-delegated licensing authority may
accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any county
office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority may
accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of Justice
pursuant to Section 11105.2 of the Penal Code concerning an individual
whose criminal record clearance was originally processed by the department
or a county office with department-delegated licensing authority, all of the
following shall apply:
(A) The Department of Justice shall process a request from the department
or a county office with department-delegated licensing authority to receive
the notice, only if all of the following conditions are met:
(i) The request shall be submitted to the Department of Justice by the
agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type for which
the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and format
protocols pursuant to a written agreement between the department and the
Department of Justice.
(B) (i) On or before January 7, 2005, the department shall notify the
Department of Justice of all county offices that have department-delegated
licensing authority.
(ii) The department shall notify the Department of Justice within 15
calendar days of the date on which a new county office receives
department-delegated licensing authority or a county’s delegated licensing
authority is rescinded.
(C) The Department of Justice shall charge the department or a county
office with department-delegated licensing authority a fee for each time a

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request to substitute the recipient agency is received for purposes of this
paragraph. This fee shall not exceed the cost of providing the service.
(i) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her state or federal level criminal
offender record information search response as provided to that department
by the Department of Justice if the department has denied a criminal
background clearance based on this information and the individual makes
a written request to the department for a copy specifying an address to which
it is to be sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or content as
provided by the Department of Justice and shall be provided to the address
specified by the individual in his or her written request. The department
shall retain a copy of the individual’s written request and the response and
date provided.
SEC. 5. Section 6151 of the Revenue and Taxation Code is amended to
read:
6151. (a) Beginning on the date for which the federal Centers for
Medicare and Medicaid Services approves implementation of the state plan
amendment described in subdivision (c) of Section 12306.6 of the Welfare
and Institutions Code, but no earlier than January 1, 2012, for the privilege
of selling support services at retail, the sales tax is hereby extended to all
providers at the rate, as described in subdivision (b), of the gross receipts
of any provider from the sale of all support services sold at retail in this
state.
(b) The rate extended by subdivision (a) is the rate, as may be amended
from time to time, imposed by Article 1 (commencing with Section 6051)
plus the rate imposed by Section 35 of Article XIII of the California
Constitution for the privilege of selling tangible personal property at retail
in this state.
(c) Notwithstanding the implementation date of this article as provided
for in subdivision (a), no tax shall be collected pursuant to this article prior
to the receipt of approval by the federal Centers for Medicare and Medicaid
Services of the implementation of Section 12306.6 of the Welfare and
Institutions Code.
SEC. 6. Part 1.75 (commencing with Section 10200) of Division 9 of
the Welfare and Institutions Code is repealed.
SEC. 7. Section 11265.45 is added to the Welfare and Institutions Code,
to read:
11265.45. (a) Notwithstanding Sections 11265.1, 11265.2, and 11265.3,
a CalWORKs assistance unit that does not include an eligible adult shall
not be subject to periodic reporting requirements other than the annual
redetermination required in Section 11265. This subdivision shall not apply
to a CalWORKs assistance unit in which the only eligible adult is under
sanction in accordance with Section 11327.5.
(b) For an assistance unit described in subdivision (a), grant calculations
may not be revised to adjust the grant amount during the year except as

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provided in subdivisions (c), (d), (e), and (f), Section 11265.46 and as
otherwise established by the department by regulation.
(c) Notwithstanding subdivision (b), statutes and regulations relating to
the 48-month time limit, age limitations for children under Section 11253,
and sanctions and financial penalties affecting eligibility or grant amount
shall be applicable as provided in those statutes and regulations.
(d) If the county is notified that a child for whom assistance is currently
being paid has been placed in a foster care home, the county shall discontinue
aid to the child at the end of the month of placement. The county shall
discontinue the case if the remaining assistance unit members are not
otherwise eligible.
(e) If the county determines that a recipient is no longer a California
resident, pursuant to Section 11100, the recipient shall be discontinued. The
county shall discontinue the case if the remaining assistance unit members
are not otherwise eligible.
(f) If an overpayment has occurred, the county shall commence any
applicable grant adjustment in accordance with Section 11004 as of the first
monthly grant after timely and adequate notice is provided.
(g) This section shall become operative on the first day of the first month
following 90 days after the effective date of the act that added this section,
or October 1, 2012, whichever is later.
SEC. 8. Section 11265.46 is added to the Welfare and Institutions Code,
to read:
11265.46. (a) For an assistance unit described in subdivision (a) of
Section 11265.45, the grant amount a recipient shall be entitled to receive
for each month of the year shall be prospectively determined as provided
by this section. If a recipient reports that he or she does not anticipate any
changes in income during the upcoming year, compared to the income the
recipient reported actually receiving on the annual redetermination form,
the grant shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more months
of the upcoming year, the county shall determine whether the recipient’s
income is reasonably anticipated. The grant shall be calculated using the
income that the county determines is reasonably anticipated for the upcoming
year.
(b) For purposes of this section, income shall be considered to be
reasonably anticipated if the county is reasonably certain of the amount of
income and that the income will be received during the year. The county
shall determine what income is reasonably anticipated based on information
provided by the recipient and any other available information.
(c) This section shall become operative on the first day of the first month
following 90 days after the effective date of the act that added this section,
or October 1, 2012, whichever is later.
SEC. 9. Section 11265.47 is added to the Welfare and Institutions Code,
to read:

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11265.47. (a) The department shall establish an income reporting
threshold for CalWORKs assistance units described in subdivision (a) of
Section 11265.45.
(b) The income reporting threshold described in subdivision (a) shall be
the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three at the
federal poverty level, plus the amount of income last used to calculate the
recipient’s monthly benefits.
(2) The amount likely to render the recipient ineligible for federal
Supplemental Nutrition Assistance Program benefits.
(3) The amount likely to render the recipient ineligible for CalWORKs
benefits.
(c) A recipient described in subdivision (a) of Section 11265.45 shall
report to the county, orally or in writing, within 10 days, when any of the
following occurs:
(1) The monthly household income exceeds the threshold established
pursuant to this section.
(2) Any change in household composition.
(3) The household address has changed.
(4) A drug felony conviction, as specified in Section 11251.3.
(5) An incidence of an individual fleeing prosecution or custody or
confinement, or violating a condition or probation or parole, as specified in
Section 11486.5.
(d) When a recipient described in subdivision (a) of Section 11265.45
reports income or a household composition change pursuant to subdivision
(c), the county shall redetermine eligibility and grant amounts as follows:
(1) If the recipient reports an increase in income or household composition
change for the first through 11th months of a year, the county shall verify
the report and determine the recipient’s financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible based on
the increase in income or household composition change, the county shall
discontinue the recipient with timely and adequate notice, effective at the
end of the month in which the change occurred.
(B) If it is determined that the recipient’s grant amount should decrease
based on the increase in income, or increase or decrease based on a change
in household composition, the county shall increase or reduce the recipient’s
grant amount for the remainder of the year with timely and adequate notice,
effective the first of the month following the month in which the change
occurred.
(2) If the recipient reports an increase in income for the 12th month of
a grant year, the county shall verify this report and consider this income in
redetermining eligibility and the grant amount for the following year.
(e) During the year, a recipient described in subdivision (a) of Section
11265.45 may report to the county, orally or in writing, any changes in
income that may increase the recipient’s grant. If the reported change is for
the first through 11th month of a grant year and results in an increase in
benefits, the county shall redetermine the grant for the current month and

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any remaining months in the year. If the reported change is for the 12th
month of the grant year, the county shall not redetermine the grant for the
current year, but shall redetermine the grant for the following year.
(f) During the year, a recipient described in subdivision (a) of Section
11265.45 may request that the county discontinue the recipient’s entire
assistance unit or any individual member of the assistance unit who is no
longer in the home or is an optional member of the assistance unit. If the
recipient’s request is verbal, the county shall provide a 10-day notice before
discontinuing benefits. If the recipient’s request is in writing, the county
shall discontinue benefits effective the end of the month in which the request
is made, and simultaneously shall issue a notice informing the recipient of
the discontinuance.
(g) This section shall become operative on the first day of the first month
following 90 days after the effective date of the act that added this section,
or October 1, 2012, whichever is later.
SEC. 10. Section 11265.48 is added to the Welfare and Institutions Code,
to read:
11265.48. (a) To the extent permitted by federal law, regulations,
waivers, and directives, the department shall implement Sections 11265.45,
11265.46, and 11265.47 in a cost-effective manner that promotes
compatibility between the CalWORKs program and CalFresh, and minimizes
the potential for payment errors.
(b) The department shall seek all necessary waivers from the United
States Department of Agriculture to implement subdivision (a).
(c) This section shall become operative on the first day of the first month
following 90 days after the effective date of the act that added this section,
or October 1, 2012, whichever is later.
SEC. 11. Section 11320.1 of the Welfare and Institutions Code is
amended to read:
11320.1. Subsequent to the commencement of the receipt of aid under
this chapter, the sequence of employment related activities required of
participants under this article, unless exempted under Section 11320.3, shall
be as follows:
(a) Job search. Recipients shall, and applicants may, at the option of a
county and with the consent of the applicant, receive orientation to the
welfare-to-work program provided under this article, receive appraisal
pursuant to Section 11325.2, and participate in job search and job club
activities provided pursuant to Section 11325.22.
(b) Assessment. If employment is not found during the period provided
for pursuant to subdivision (a), or at any time the county determines that
participation in job search for the period specified in subdivision (a) of
Section 11325.22 is not likely to lead to employment, the participant shall
be referred to assessment, as provided for in Section 11325.4. Following
assessment, the county and the participant shall develop a welfare-to-work
plan, as specified in Section 11325.21. The plan shall specify the activities
provided for in Section 11322.6 to which the participant shall be assigned,

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and the supportive services, as provided for pursuant to Section 11323.2,
with which the recipient will be provided.
(c) Work activities. A participant who has signed a welfare-to-work
plan pursuant to Section 11325.21 shall participate in work activities, as
described in this article.
SEC. 12. Section 11320.3 of the Welfare and Institutions Code is
amended to read:
11320.3. (a) (1) Except as provided in subdivision (b) or if otherwise
exempt, every individual, as a condition of eligibility for aid under this
chapter, shall participate in welfare-to-work activities under this article.
(2) Individuals eligible under Section 11331.5 shall be required to
participate in the Cal-Learn Program under Article 3.5 (commencing with
Section 11331) during the time that article is operative, in lieu of the
welfare-to-work requirements, and subdivision (b) shall not apply to that
individual.
(b) The following individuals shall not be required to participate for so
long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
(B) A person who is 16 or 17 years of age, or a person described in
subdivision (d) who loses this exemption, shall not requalify for the
exemption by attending school as a required activity under this article.
(C) Notwithstanding subparagraph (B), a person who is 16 or 17 years
of age who has obtained a high school diploma or its equivalent and is
enrolled or is planning to enroll in a postsecondary education, vocational,
or technical school training program shall also not be required to participate
for so long as the condition continues to exist.
(D) For purposes of subparagraph (C), a person shall be deemed to be
planning to enroll in a postsecondary education, vocational, or technical
school training program if he or she, or his or her parent, acting on his or
her behalf, submits a written statement expressing his or her intent to enroll
in such a program for the following term. The exemption from participation
shall not continue beyond the beginning of the term, unless verification of
enrollment is provided or obtained by the county.
(3) An individual who meets either of the following conditions:
(A) The individual is disabled as determined by a doctor’s verification
that the disability is expected to last at least 30 days and that it significantly
impairs the recipient’s ability to be regularly employed or participate in
welfare-to-work activities, provided that the individual is actively seeking
appropriate medical treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who has primary responsibility for
providing care for a child and is either caring for a child who is a dependent
or ward of the court or caring for a child in a case in which a county
determines the child is at risk of placement in foster care, and the county
determines that the caretaking responsibilities are beyond those considered

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normal day-to-day parenting responsibilities such that they impair the
caretaker relative’s ability to be regularly employed or to participate in
welfare-to-work activities.
(5) An individual whose presence in the home is required because of
illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient’s ability to be regularly
employed or to participate in welfare-to-work activities.
(6) A parent or other relative who meets the criteria in subparagraph (A)
or (B).
(A) (i) The parent or other relative has primary responsibility for
personally providing care to a child six months of age or under, except that,
on a case-by-case basis, and based on criteria developed by the county, this
period may be reduced to the first 12 weeks after the birth or adoption of
the child, or increased to the first 12 months after the birth or adoption of
the child. An individual may be exempt only once under this clause.
(ii) An individual who received an exemption pursuant to clause (i) shall
be exempt for a period of 12 weeks, upon the birth or adoption of any
subsequent children, except that this period may be extended on a
case-by-case basis to six months, based on criteria developed by the county.
(iii) In making the determination to extend the period of exception under
clause (i) or (ii), the following may be considered:
(I) The availability of child care.
(II) Local labor market conditions.
(III) Other factors determined by the county.
(iv) Effective January 1, 2013, the parent or other relative has primary
responsibility for personally providing care to one child from birth to 23
months, inclusive. The exemption provided for under this clause shall be
available in addition to any other exemption provided for under this
subparagraph. An individual may be exempt only once under this clause.
(B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria contained
in subparagraph (A) shall be applied to only one parent.
(7) A parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of age,
inclusive, or two or more children who are under six years of age.
(8) A woman who is pregnant and for whom it has been medically verified
that the pregnancy impairs her ability to be regularly employed or participate
in welfare-to-work activities or the county has determined that, at that time,
participation will not readily lead to employment or that a training activity
is not appropriate.
(c) Any individual not required to participate may choose to participate
voluntarily under this article, and end that participation at any time without
loss of eligibility for aid under this chapter, if his or her status has not
changed in a way that would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial parent who is under
20 years of age and who has not earned a high school diploma or its
equivalent, and who is not exempt or whose only basis for exemption is

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paragraph (1), (2), (5), (6), (7), or (8) of subdivision (b), shall be required
to participate solely for the purpose of earning a high school diploma or its
equivalent. During the time that Article 3.5 (commencing with Section
11331) is operative, this subdivision shall only apply to a custodial parent
who is 19 years of age.
(2) Section 11325.25 shall apply to a custodial parent who is 18 or 19
years of age and who is required to participate under this article.
(e) Notwithstanding paragraph (1) of subdivision (d), the county may
determine that participation in education activities for the purpose of earning
a high school diploma or equivalent is inappropriate for an 18 or 19 year
old custodial parent only if that parent is reassigned pursuant to an evaluation
under Section 11325.25, or, at appraisal is already in an educational or
vocational training program that is approvable as a self-initiated program
as specified in Section 11325.23. If that determination is made, the parent
shall be allowed to continue participation in the self-initiated program subject
to Section 11325.23. During the time that Article 3.5 (commencing with
Section 11331) is operative, this subdivision shall only apply to a custodial
parent who is 19 years of age.
(f) A recipient shall be excused from participation for good cause when
the county has determined there is a condition or other circumstance that
temporarily prevents or significantly impairs the recipient’s ability to be
regularly employed or to participate in welfare-to-work activities. The county
welfare department shall review the good cause determination for its
continuing appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and provide
information, including written documentation, as required to complete the
review. Conditions that may be considered good cause include, but are not
limited to, the following:
(1) Lack of necessary supportive services.
(2) In accordance with Article 7.5 (commencing with Section 11495),
the applicant or recipient is a victim of domestic violence, but only if
participation under this article is detrimental to or unfairly penalizes that
individual or his or her family.
(3) Licensed or license-exempt child care for a child 10 years of age or
younger is not reasonably available during the individual’s hours of training
or employment including commuting time, or arrangements for child care
have broken down or have been interrupted, or child care is needed for a
child who meets the criteria of subparagraph (C) of paragraph (1) of
subdivision (a) of Section 11323.2, but who is not included in the assistance
unit. For purposes of this paragraph, “reasonable availability” means child
care that is commonly available in the recipient’s community to a person
who is not receiving aid and that is in conformity with the requirements of
Public Law 104-193. The choices of child care shall meet either licensing
requirements or the requirements of Section 11324. This good cause criterion
shall include the unavailability of suitable special needs child care for

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children with identified special needs, including, but not limited to,
disabilities or chronic illnesses.
(g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and shall
become inoperative on January 1, 2013.
(2) The State Department of Social Services, in consultation with the
County Welfare Directors Association of California, and advocates, shall
develop a process to assist clients with reengagement in welfare-to-work
activities, pursuant to subdivision (h). Reengagement activities may include
notifying clients of the expiration of exemptions, reassessments, and
identifying necessary supportive services.
(h) (1) A recipient who was not required to participate in welfare-to-work
activities on December 31, 2012, because, in accordance with paragraph
(7) of subdivision (b), he or she is a parent or other relative who has primary
responsibility for personally providing care to one child who is from 12 to
23 months of age, inclusive, or two or more children who are under six
years of age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
(2) For purposes of this subdivision, reengagement in welfare-to-work
activities shall include the development of a welfare-to-work plan in
accordance with Section 11325.21 and the provision of necessary supportive
services pursuant to Section 11323.2.
(3) County welfare departments shall reengage all recipients described
in paragraph (1) by January 1, 2015, unless the recipient is otherwise eligible
for an exemption under subdivision (b).
(4) A recipient reengaged in accordance with this subdivision who has
received assistance under this chapter, or from any state pursuant to the
Temporary Assistance for Needy Families program (Part A (commencing
with Section 401) of Title IV of the federal Social Security Act (42 U.S.C.
Sec. 601 et seq.)), may continue in a welfare-to-work plan that meets the
requirements of Section 11322.6 for a cumulative period of 24 months
commencing the first day of the first month after he or she is reengaged,
unless or until he or she exceeds the 48-month time limitation described in
Section 11454.
(5) All months of assistance described in paragraph (4) prior to the
reengagement of the recipient shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a) of Section 11322.85.
SEC. 13. Section 11322.63 of the Welfare and Institutions Code is
amended to read:
11322.63. (a) For counties that implement a welfare-to-work plan that
includes activities pursuant to subdivisions (b) and (c) of Section 11322.6,
the State Department of Social Services shall pay the county 50 percent,
less fifty-six dollars ($56), of the total wage costs of an employee for whom
a wage subsidy is paid, subject to all of the following conditions:
(1) (A) For participants receiving CalWORKs aid, the maximum state
contribution of the total wage cost shall not exceed 100 percent of the

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computed grant for the assistance unit in the month prior to participation in
subsidized employment.
(B) For participants who have received aid in excess of the time limits
provided in subdivision (a) of Section 11454, the maximum state contribution
of the total wage cost, shall not exceed 100 percent of the computed grant
for the assistance unit in the month prior to participation in subsidized
employment.
(C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section 11323.25,
the maximum state contribution of the total wage cost shall not exceed 100
percent of the computed grant that the assistance unit received in the month
prior to participation in the subsidized employment.
(D) The maximum state contribution, as defined in this paragraph, shall
remain in effect until the end of the subsidy period as specified in paragraph
(2), including with respect to subsidized employment participants whose
wage results in the assistance unit no longer receiving a CalWORKs grant.
(E) State funding provided for total wage costs shall only be used to fund
wage and nonwage costs of the county’s subsidized employment program.
(2) State participation in the total wage costs pursuant to this section
shall be limited to a maximum of six months of wage subsidies for each
participant. If the county finds that a longer subsidy period is necessary in
order to mutually benefit the employer and the participant, state participation
in a subsidized wage may be offered for up to 12 months.
(3) Eligibility for entry into subsidized employment funded under this
section shall be limited to individuals who are not otherwise employed at
the time of entry into the subsidized job, and who are current CalWORKs
recipients, sanctioned individuals, or individuals described in Section
11320.15 who have exceeded the time limits specified in subdivision (a) of
Section 11454. A county may continue to provide subsidized employment
funded under this section to individuals who become ineligible for
CalWORKs benefits in accordance with Section 11323.25.
(b) Upon application for CalWORKs after a participant’s subsidized
employment ends, if an assistance unit is otherwise eligible within three
calendar months of the date that subsidized employment ended, the income
exemption requirements contained in Section 11451.5 and the work
requirements contained in subdivision (c) of Section 11201 shall apply. If
aid is restored after the expiration of that three-month period, the income
exemption requirements contained in Section 11450.12 and the work
requirements contained in subdivision (b) of Section 11201 shall apply.
(c) The department, in conjunction with representatives of county welfare
offices and their directors and the Legislative Analyst’s Office, shall assess
the cost neutrality of the subsidized employment program pursuant to this
section and make recommendations to the Legislature, if necessary, to ensure
cost neutrality. The department shall testify regarding the cost neutrality of
the subsidized employment program during the 2012–13 fiscal year
legislative budget hearings.

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(d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be limited to, all
of the following:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the subsidy.
(4) The impact of this program on the state’s work participation rate.
(e) Payment of the state’s share in total wage costs required by this section
shall be made in addition to, and independent of, the county allocations
made pursuant to Section 15204.2.
(f) For purposes of this section, “total wage costs” include the actual
wage paid directly to the participant that is allowable under the Temporary
Assistance for Needy Families program.
(g) This section shall become inoperative on October 1, 2013, and as of
January 1, 2014, is repealed unless a later enacted statute that is enacted
before January 1, 2014, deletes or extends that date.
SEC. 14. Section 11322.63 is added to the Welfare and Institutions Code,
to read:
11322.63. (a) For counties that implement a welfare-to-work plan that
includes subsidized private sector or public sector employment activities,
the State Department of Social Services shall pay the county 50 percent,
less one hundred thirteen dollars ($113), of the total wage costs of an
employee for whom a wage subsidy is paid, subject to all of the following
conditions:
(1) (A) For participants receiving CalWORKs aid, the maximum state
contribution of the total wage cost shall not exceed 100 percent of the
computed grant for the assistance unit in the month prior to participation in
subsidized employment.
(B) For participants who have received aid in excess of the time limits
provided in subdivision (a) of Section 11454, the maximum state contribution
of the total wage cost shall not exceed 100 percent of the computed grant
for the assistance unit in the month prior to participation in subsidized
employment.
(C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section 11323.25,
the maximum state contribution of the total wage cost shall not exceed 100
percent of the computed grant that the assistance unit received in the month
prior to participation in the subsidized employment.
(D) The maximum state contribution, as defined in this paragraph, shall
remain in effect until the end of the subsidy period as specified in paragraph
(2), including with respect to subsidized employment participants whose
wage results in the assistance unit no longer receiving a CalWORKs grant.
(E) State funding provided for total wage costs shall only be used to fund
wage and nonwage costs of the county’s subsidized employment program.

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(2) State participation in the total wage costs pursuant to this section
shall be limited to a maximum of six months of wage subsidies for each
participant. If the county finds that a longer subsidy period is necessary in
order to mutually benefit the employer and the participant, state participation
in a subsidized wage may be offered for up to 12 months.
(3) Eligibility for entry into subsidized employment funded under this
section shall be limited to individuals who are not otherwise employed at
the time of entry into the subsidized job, and who are current CalWORKs
recipients, sanctioned individuals, or individuals described in Section
11320.15 who have exceeded the time limits specified in subdivision (a) of
Section 11454. A county may continue to provide subsidized employment
funded under this section to individuals who become ineligible for
CalWORKs benefits in accordance with Section 11323.25.
(b) Upon application for CalWORKs after a participant’s subsidized
employment ends, if an assistance unit is otherwise eligible within three
calendar months of the date that subsidized employment ended, the income
exemption requirements contained in Section 11451.5 and the work
requirements contained in subdivision (c) of Section 11201 shall apply. If
aid is restored after the expiration of that three-month period, the income
exemption requirements contained in Section 11450.12 and the work
requirements contained in subdivision (b) of Section 11201 shall apply.
(c) The department, in conjunction with representatives of county welfare
offices and their directors and the Legislative Analyst’s Office, shall assess
the cost neutrality of the subsidized employment program pursuant to this
section and make recommendations to the Legislature, if necessary, to ensure
cost neutrality. The department shall testify regarding the cost neutrality of
the subsidized employment program during the 2012–13 fiscal year
legislative budget hearings.
(d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be limited to, all
of the following:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the subsidy.
(4) The impact of this program on the state’s work participation rate.
(e) Payment of the state’s share in total wage costs required by this section
shall be made in addition to, and independent of, the county allocations
made pursuant to Section 15204.2.
(f) For purposes of this section, “total wage costs” include the actual
wage paid directly to the participant that is allowable under the Temporary
Assistance for Needy Families program.
(g) This section shall become operative on October 1, 2013.
SEC. 15. Section 11322.8 of the Welfare and Institutions Code is
amended to read:

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11322.8. (a) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit shall participate in welfare-to-work activities for 32 hours
each week.
(b) Unless otherwise exempt, an adult recipient who is an unemployed
parent, as defined in Section 11201, shall participate in at least 35 hours of
welfare-to-work activities each week. However, both parents in a two-parent
assistance unit may contribute to the 35 hours if at least one parent meets
the federal one-parent work requirement applicable on January 1, 1998.
(c) An adult recipient required to participate under subdivision (a) or (b)
shall participate for at least 20 hours each week in core welfare-to-work
activities. The welfare-to-work activities listed in subdivisions (a) to (j),
inclusive, and (m) and (n) of Section 11322.6, are core activities for the
purposes of this section. Participation in core activities under subdivision
(m) of Section 11322.6 shall be limited to a total of 12 months. Additional
hours that the applicant or recipient is required to participate under
subdivisions (a) or (b) of this section may be satisfied by any of the
welfare-to-work activities described in Section 11322.6 that are consistent
with the assessment performed in accordance with Section 11325.4, and
included in the individual’s welfare-to-work plan, described in Section
11325.21.
(d) Hours spent in activities listed under subdivision (q) of Section
11322.6 shall count toward the core activity requirement in subdivision (c)
to the extent that these activities are necessary to enable the individual to
participate in core activities and to the extent these activities cannot be
accomplished within the additional noncore hours of participation required
by subdivision (c).
(e) Hours spent in classroom, laboratory, or internship activities pursuant
to subdivisions (k), (l), (o), and (p) of Section 11322.6 shall count toward
the core activity requirement in subdivision (c) to the extent these activities
cannot be accomplished within the additional noncore hours of participation,
the county determines the program is likely to lead to self-supporting
employment, and the recipient makes satisfactory progress. The provisions
in paragraph (2), and subparagraphs (A) and (B) of paragraph (3), of
subdivision (a) of Section 11325.23 shall apply to participants in these
activities.
(f) Spending hours in any or all of the activities specified in subdivision
(r) of Section 11322.6 shall not make a recipient ineligible to count activities
set forth in subdivisions (d) and (e) toward the core activities requirements,
as appropriate.
(g) This section shall become inoperative on January 1, 2013, and as of
that date is repealed unless a later enacted statute that is enacted before
January 1, 2013, deletes or extends that date.
SEC. 16. Section 11322.8 is added to the Welfare and Institutions Code,
to read:
11322.8. (a) For a recipient required to participate in accordance with
paragraph (1) of subdivision (a) of Section 11322.85, unless the recipient
is otherwise exempt, the following shall apply:

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(1) (A) An adult recipient in a one-parent assistance unit that does not
include a child under six years of age shall participate in welfare-to-work
activities for 30 hours each week.
(B) An adult recipient in a one-parent assistance unit that includes a child
under six years of age shall participate in welfare-to-work activities for 20
hours each week.
(2) An adult recipient who is an unemployed parent, as defined in Section
1120I, shall participate in at least 35 hours of welfare-to-work activities
each week. However, both parents in a two-parent assistance unit may
contribute to the 35 hours.
(b) For a recipient required to participate in accordance with paragraph
(3) of subdivision (a) of Section 11322.85, the following shall apply:
(1) Unless otherwise exempt, an adult recipient in a one-parent assistance
unit shall participate in welfare-to-work activities for 30 hours per week,
subject to the special rules and limitations described in Section 607(c)(1)(A)
of Title 42 of the United States Code as of the operative date of this section,
as provided in subdivision (c).
(2) Unless otherwise exempt, an adult recipient in a one-parent assistance
unit that includes a child under six years of age shall participate in
welfare-to-work activities for 20 hours each week, as described in Section
607 (c)(2)(B) of Title 42 of the United States Code as of the operative date
of this section, as provided in subdivision (c).
(3) Unless otherwise exempt, an adult recipient who is an unemployed
parent, as defined in Section 11201, shall participate in welfare-to-work
activities for 35 hours per week, subject to the special rules and limitations
described in Section 607(c)(1)(B) of Title 42 of the United States Code as
of the operative date of this section, as provided in subdivision (c).
(c) This section shall become operative on January 1, 2013.
SEC. 17. Section 11322.85 is added to the Welfare and Institutions Code,
to read:
11322.85. (a) Unless otherwise exempt, an applicant or recipient shall
participate in welfare-to-work activities.
(1) For 24 cumulative months during a recipient’s lifetime, these activities
may include the activities listed in Section 11322.6 that are consistent with
the assessment performed in accordance with Section 11325.4 and that are
included in the individual’s welfare-to-work plan, as described in Section
11325.21, to meet the hours required in Section 11322.8. These 24 months
need not be consecutive.
(2) Any month in which the recipient meets the requirements of Section
11322.8, through participation in an activity or activities described in
paragraph (3), shall not count as a month of activities for purposes of the
24-month time limit described in paragraph (1).
(3) After a total of 24 months of participation in welfare-to-work activities
pursuant to paragraph (1), an aided adult shall participate in one or more of
the following welfare-to-work activities, in accordance with Section 607(c)
and (d) of Title 42 of the United States Code as of the operative date of this
section, that are consistent with the assessment performed in accordance

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with Section 11325.4, and included in the individual’s welfare-to-work plan,
described in Section 11325.21:
(A) Unsubsidized employment.
(B) Subsidized private sector employment.
(C) Subsidized public sector employment.
(D) Work experience, including work associated with the refurbishing
of publicly assisted housing, if sufficient private sector employment is not
available.
(E) On-the-job training.
(F) Job search and job readiness assistance.
(G) Community service programs.
(H) Vocational educational training (not to exceed 12 months with respect
to any individual).
(I) Job skills training directly related to employment.
(J) Education directly related to employment, in the case of a recipient
who has not received a high school diploma or a certificate of high school
equivalency.
(K) Satisfactory attendance at a secondary school or in a course of study
leading to a certificate of general equivalence, in the case of a recipient who
has not completed secondary school or received such a certificate.
(L) The provision of child care services to an individual who is
participating in a community service program.
(b) Any month in which the following conditions exist shall not be
counted as one of the 24 months of participation allowed under paragraph
(1) of subdivision (a):
(1) The recipient is participating in job search or assessment pursuant to
subdivision (a) or (b) of Section 11320.1, is in the process of appraisal as
described in Section 11325.2, or is participating in the development of a
welfare-to-work plan, as described in Section 11325.21.
(2) The recipient is no longer receiving aid, pursuant to Sections 11327.4
and 11327.5.
(3) The recipient has been excused from participation for good cause,
pursuant to Section 11320.3.
(4) The recipient is exempt from participation pursuant to subdivision
(b) of Section 11320.3.
(5) The recipient is only required to participate in accordance with
subdivision (d) of Section 11320.3.
(c) County welfare departments shall provide each recipient who is
subject to the requirements of paragraph (3) of subdivision (a) written notice
describing the 24-month time limitation described in that paragraph and the
process by which recipients may claim exemptions from, and extensions
to, those requirements.
(d) The notice described in subdivision (c) shall be provided at the time
the individual applies for aid, during the recipient’s annual redetermination,
and at least once after the individual has participated for a total of 18 months,
and prior to the end of the 21st month, that count toward the 24-month time
limit.

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(e) The notice described in this section shall include, but shall not be
limited to, all of the following:
(1) The number of remaining months the adult recipient may be eligible
to receive aid.
(2) The requirements that the recipient must meet in accordance with
paragraph (3) of subdivision (a) and the action that the county will take if
the adult recipient does not meet those requirements.
(3) The manner in which the recipient may dispute the number of months
counted toward the 24-month time limit.
(4) The opportunity for the recipient to modify his or her welfare-to-work
plan to meet the requirements of paragraph (3) of subdivision (a).
(5) The opportunity for an exemption to, or extension of, the 24-month
time limitation.
(f) For an individual subject to the requirements of paragraph (3) of
subdivision (a), who is not exempt or granted an extension, and who does
not meet those requirements, the provisions of Sections 11327.4, 11327.5,
11327.9, and 11328.2 shall apply to the extent consistent with the
requirements of this section. For purposes of this section, the procedures
referenced in this subdivision shall not be described as sanctions.
(g) (1) The department, in consultation with stakeholders, shall convene
a workgroup to determine further details of the noticing and engagement
requirements for the 24-month time limit, and shall instruct counties via an
all-county letter, followed by regulations, no later than 18 months after the
effective date of the act that added this section.
(2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due process
requirements applicable to individuals as described in subdivision (f).
(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any other
law, an assistance unit that contains an eligible adult who has received
assistance under this chapter, or from any state pursuant to the Temporary
Assistance for Needy Families program (Part A (commencing with Section
401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
seq.)) prior to January 1, 2013, may continue in a welfare-to-work plan that
meets the requirements of Section 11322.6 for a cumulative period of 24
months commencing January 1, 2013, unless or until he or she exceeds the
48-month time limitation described in Section 11454.
(2) All months of assistance described in paragraph (1) prior to January
1, 2013, shall not be applied to the 24-month limitation described in
paragraph (1) of subdivision (a).
(i) This section shall become operative on January 1, 2013.
SEC. 18. Section 11322.86 is added to the Welfare and Institutions Code,
to read:
11322.86. (a) (1) Each county may provide an extension of time during
which a recipient may participate in activities described in paragraph (1) of
subdivision (a) of Section 11322.85 for recipients who are unlikely to meet
the requirements of paragraph (3) of subdivision (a) of Section 11322.85

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upon the expiration of the 24-month time limitation described in Section
11322.85.
(2) A county may grant extensions pursuant to paragraph (1) for a number
of assistance units equal to no more than 20 percent of the assistance units
in the county in which all adult members have been provided aid under this
chapter for at least 24 months, in accordance with paragraph (1) of
subdivision (a) of Section 11322.85, but not more than 48 months, in
accordance with Section 11454.
(b) Counties are required to report information regarding the number and
percentage of these extensions they have granted to the state.
(c) After consultation with stakeholders, the department shall issue an
all-county letter by November 1, 2013, to define the process for
implementing the extensions described in this section and the methodology
for calculating the 20 percent limitation in paragraph (2) of subdivision (a).
(d) It is the intent of the Legislature that the state shall work with counties
and other stakeholders to ensure that the extension process pursuant to
subdivision (a) is implemented with minimal disruption to the impending
completion of the welfare-to-work plans for recipients.
(e) This section shall become operative on January 1, 2013.
SEC. 19. Section 11322.87 is added to the Welfare and Institutions Code,
to read:
11322.87. (a) A recipient subject to the 24-month time limitation
described in Section 11322.85 may request an extension in accordance with
Section 11322.86 and may present evidence to the county that he or she
meets any of the following circumstances:
(1) The recipient is likely to obtain employment within six months.
(2) The recipient has encountered unique labor market barriers
temporarily preventing employment, and therefore needs additional time to
obtain employment.
(3) The recipient has achieved satisfactory progress in an educational or
treatment program, including adult basic education, vocational education,
or a self-initiated program that has a known graduation, transfer, or
completion date that would meaningfully increase the likelihood of his or
her employment.
(4) The recipient needs an additional period of time to complete a
welfare-to-work activity specified in his or her welfare-to-work case plan
due to a diagnosed learning or other disability, so as to meaningfully increase
the likelihood of his or her employment.
(5) The recipient has submitted an application to receive SSI disability
benefits, and a hearing date has been established.
(6) Other circumstances as determined by the department.
(b) (1) Except for an extension requested in accordance with paragraph
(5) of subdivision (a), and subject to the limitation described in paragraph
(2) of subdivision (a) of Section 11322.86, a county shall grant an extension
to a recipient who presents evidence in accordance with subdivision (a)
unless the county determines that the evidence presented does not support
the existence of the circumstances described in subdivision (a).

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(2) An extension requested in accordance with paragraph (5) of
subdivision (a) shall be granted if evidence that a hearing date has been
established is provided to the county.
(3) At any hearing disputing a county’s denial of an extension in
accordance with paragraph (1), the county shall have the burden of proof
to establish that an extension was not justified unless the county demonstrates
that the denial was due to the unavailability of an extension in accordance
with the 20-percent limitation described in paragraph (2) of subdivision (a)
of Section 11322.86.
(c) If, as a result of information already available to a county, including
the recipient’s welfare-to-work plan and verifications of participation, the
county identifies that a recipient meets a circumstance described in
subdivision (a), and subject to the limitation described in paragraph (2) of
subdivision (a) of Section 11322.86, a county may grant an extension of
the 24-month time limitation described in paragraph (1) of subdivision (a)
of Section 11322.85 to the recipient.
(d) An extension granted in accordance with subdivision (b) or (c) shall
be granted for an initial period of up to six months and shall be reevaluated
by the county at least every six months.
(e) This section shall become operative on January 1, 2013.
SEC. 20. Section 11325.71 of the Welfare and Institutions Code is
amended to read:
11325.71. (a) Notwithstanding subdivision (a) of Section 11325.7 and
subdivision (e) of Section 11325.8, counties shall have the option to redirect
funding, both from and to, the amounts appropriated for CalWORKs mental
health employment assistance services and CalWORKs substance abuse
treatment services, from and to other CalWORKs employment services that
are necessary for individuals to participate in welfare-to-work activities.
This section shall not be construed to limit a welfare-to-work participant’s
access to mental health or substance abuse treatment services that would
otherwise be available under Section 11325.7 or 11325.8, to the extent the
participant is not provided good cause or determined to be exempt from
welfare-to-work requirements.
(b) This section shall become inoperative on July 1, 2014, and, as of
January 1, 2015, is repealed, unless a later enacted statute, which becomes
effective on or before January 1, 2015, deletes or extends that date on which
it becomes inoperative and is repealed.
SEC. 21. Section 11329.5 of the Welfare and Institutions Code is
amended to read:
11329.5. With respect to paragraph (7) of subdivision (b) of Section
11320.3 and Section 11325.71, the Legislature finds and declares all of the
following, but only for the operative period of these added provisions:
(a) Due to the significant General Fund revenue decline for the 2009–10
fiscal year, funding has been reduced for the CalWORKs program.
(b) Due to the federal funding available under the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) (ARRA) for CalWORKs

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grants, reductions in 2009–10 are being achieved in the county single
allocation.
(c) Reduced
funding,
including
a
three-hundred-seventy-five-million-dollar ($375,000,000) reduction to the
county single allocation in the 2009–10 and 2010–11 Budget Acts, and
increased caseload for CalWORKs will result in insufficient resources to
provide the full range of welfare-to-work services in the 2009–10 and
2010–11 fiscal years.
(d) Reduced funding, including a three hundred seventy-six million eight
hundred fifty thousand dollar ($376,850,000) reduction to the county single
allocation in the 2011–12 Budget Act, will result in insufficient resources
to provide the full range of welfare-to-work services in the 2011–12 fiscal
year.
(e) Reduced funding, including a reduction to the county single allocation,
for the period between July 1, 2012, until January 1, 2015, will result in
insufficient resources to provide the full range of welfare-to-work services
during that time period.
(f) It is the intent of the Legislature that the limited resources for
CalWORKs services be effectively utilized, as established in paragraph (7)
of subdivision (b) of Section 11320.3.
(g) It is the further intent of the Legislature to provide additional
flexibility to address funding constraints, as established in Section 11325.71,
in addition to the existing flexibility provided under subdivision (f) of Section
11320.3.
(h) It is the further intent of the Legislature to minimize disruption of
welfare-to-work services for individuals already participating, and prioritize
exemptions and good cause for applicants.
(i) Funding and caseload factors will result in circumstances beyond the
control of the counties in the 2009–10, 2010–11, and 2011–12 fiscal years,
and relief should be provided for federal penalties that may result.
SEC. 22. Section 11334.6 is added to the Welfare and Institutions Code,
to read:
11334.6. (a) The department shall provide to the budget committees of
the Legislature, no later than February 1, 2013, and, notwithstanding Section
10231.5 of the Government Code, on February 1 annually thereafter, a report
that includes all of the following information:
(1) The number of counties implementing a Cal-Learn Program.
(2) The number of recipients being served in each county with intensive
case management services.
(3) Outcomes for recipients, including graduation rates and repeat
pregnancies.
(b) The report described in subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 23. Section 11334.8 of the Welfare and Institutions Code is
repealed.
SEC. 24. Section 11334.8 is added to the Welfare and Institutions Code,
to read:

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11334.8. (a) Notwithstanding any other law, this article shall be fully
operative commencing April 1, 2013. For the period of July 1, 2012, to
March 31, 2013, inclusive, this article shall be operative in accordance with
the provisions described in subdivision (b).
(b) Commencing July 1, 2012, until March 31, 2013, all of the following
shall apply:
(1) For the 2012–13 fiscal year, counties shall be provided with full or
partial year funding, depending on the pace of their phase-in to full
implementation of the program by April 1, 2013, as determined by the
department, in collaboration with county welfare directors.
(2) Recipients of aid, as defined in Section 11331.5, shall be required to
participate in Cal-Learn Program intensive case management services, as
defined in subdivision (a) of Section 11332.5, only in counties where those
services are available.
(3) A pregnant woman with no other children who was determined to be
eligible for aid in the first or second trimester of her pregnancy for purposes
of participating in the Cal-Learn Program prior to July 1, 2011, shall be
eligible to receive aid upon verification of pregnancy as long as she remains
otherwise eligible for aid under this chapter.
(c) Each recipient who qualifies for benefits under this article shall be
entitled to benefits to the degree that they are provided by the recipient’s
county.
(d) This section shall remain in effect only until April 1, 2013, and as of
that date is repealed, unless a later enacted statute, that is enacted before
April 1, 2013, deletes or extends that date.
SEC. 25. Section 11451.5 of the Welfare and Institutions Code, as added
by Section 20 of Chapter 501 of the Statutes of 2011, is amended to read:
11451.5. (a) Except as provided by subdivision (f) of Section 11322.6,
the following income, determined for the semiannual period pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of the
income of the family for purposes of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the following:
(i) One hundred twelve dollars ($112).
(ii) The amount of the difference between the amount of disability-based
unearned income and two hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in excess
of the amount applied to meet the differential applied in subparagraph (A).
(2) If disability-based unearned income exceeds two hundred twenty-five
dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:

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(1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the recipient is
engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability insurance
benefits, private disability insurance benefits, temporary workers’
compensation benefits, and social security disability benefits.
(3) Unearned income means any income not described in paragraph (1)
or (2).
(c) (1) This section shall become operative on April 1, 2013. A county
shall implement the semiannual reporting requirements in accordance with
Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2) Upon implementation described in paragraph (1), each county shall
provide a certificate to the director certifying that semiannual reporting has
been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall
comply with the semiannual reporting provisions of this section.
(d) This section shall become inoperative on October 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2014, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 26. Section 11451.5 is added to the Welfare and Institutions Code,
to read:
11451.5. (a) The following income, except for recipients described in
subdivision (a) of Section 11265.45, except as provided by subdivision (f)
of Section 11322.6, determined for the semiannual period pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of the
income of the family for purposes of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two hundred
twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in excess
of the amount applied to meet the differential applied in subparagraph (A).
(2) If disability-based unearned income exceeds two hundred twenty-five
dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the recipient is
engaged as a self-employed individual or as an employee.

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(2) Disability-based unearned income means state disability insurance
benefits, private disability insurance benefits, temporary workers’
compensation benefits, and social security disability benefits.
(3) Unearned income means any income not described in paragraph (1)
or (2).
(c) This section shall become operative on October 1, 2013.
SEC. 27. Section 11454.5 of the Welfare and Institutions Code is
amended to read:
11454.5. (a) Any month in which the following conditions exist shall
not be counted as a month of receipt of aid for the purposes of subdivision
(a) of, and paragraph (1) of subdivision (b) of, Section 11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3, or due
to caretaking responsibilities that impair the recipient’s ability to be regularly
employed, in accordance with paragraph (4) or (5) of subdivision (b) of
Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt from, the
Cal-Learn Program provided for pursuant to Article 3.5 (commencing with
Section 11331), for any period during which the Cal-Learn Program is
operative, is participating in another teen parent program approved by the
department, or, on or after January 1, 2012, is a nonminor dependent under
the supervision of the county welfare or probation department who is placed
in an approved relative’s home and is eligible for aid under this section
because he or she satisfies the conditions described in Section 11403.
(3) The cost of the cash aid provided to the recipient for the month is
fully reimbursed by child support, whether collected in that month or any
subsequent month.
(4) The family is a former recipient of cash aid under this chapter and
currently receives only child care, case management, or supportive services
pursuant to Section 11323.2 or Article 15.5 (commencing with Section
8350) of Chapter 2 of Part 6 of the Education Code.
(5) To the extent provided by federal law, the recipient lived in Indian
country, as defined by federal law, or an Alaskan native village in which at
least 50 percent of the adults living in the Indian country or in the village
are not employed.
(6) The recipient has been excused from participation for good cause
pursuant to paragraph (1) of subdivision (f) of Section 11320.3.
(7) The recipient is exempt from participation due to caretaking
responsibilities that impair the recipient’s ability to be regularly employed,
or is otherwise exempt, in accordance with paragraph (7) of subdivision (b)
of Section 11320.3.
(b) In cases where a lump-sum diversion payment is provided in lieu of
cash aid under Section 11266.5, the month in which the payment is made
or the months calculated pursuant to subdivision (f) of Section 11266.5 shall
count against the limits specified in Section 11454.

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(c) This section shall become inoperative on January 1, 2013, and as of
that date is repealed unless a later enacted statute that is enacted before
January 1, 2013, deletes or extends that date.
SEC. 28. Section 11454.5 is added to the Welfare and Institutions Code,
to read:
11454.5. (a) Any month in which the following conditions exist shall
not be counted as a month of receipt of aid for the purposes of subdivision
(a) of, and paragraph (1) of subdivision (b) of, Section 11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3, or due
to caretaking responsibilities that impair the recipient’s ability to be regularly
employed, in accordance with paragraph (5) of subdivision (b) of Section
11320.3.
(2) The recipient is eligible for, participating in, or exempt from, the
Cal-Learn Program provided for pursuant to Article 3.5 (commencing with
Section 11331), for any period during which the Cal-Learn Program is
operative, is participating in another teen parent program approved by the
department, or, on or after January 1, 2012, is a nonminor dependent under
the supervision of the county welfare or probation department who is placed
in an approved relative’s home and is eligible for aid under this section
because he or she satisfies the conditions described in Section 11403.
(3) The cost of the cash aid provided to the recipient for the month is
fully reimbursed by child support, whether collected in that month or any
subsequent month.
(4) The family is a former recipient of cash aid under this chapter and
currently receives only child care, case management, or supportive services
pursuant to Section 11323.2 or Article 15.5 (commencing with Section
8350) of Chapter 2 of Part 6 of the Education Code.
(5) To the extent provided by federal law, the recipient lived in Indian
country, as defined by federal law, or an Alaskan native village in which at
least 50 percent of the adults living in the Indian country or in the village
are not employed.
(6) The recipient was exempt from participation under paragraph (7) of
subdivision (b) of Section 11320.3 and has not been reengaged in accordance
with subdivision (h) of Section 11320.3.
(7) The recipient is exempt from participating in welfare-to-work
activities because he or she has primary responsibility for personally
providing care to a child 24 months of age or younger, pursuant to clause
(iv) of subparagraph (A) of paragraph (6) of subdivision (b) of Section
11320.3.
(b) In cases where a lump-sum diversion payment is provided in lieu of
cash aid under Section 11266.5, the month in which the payment is made
or the months calculated pursuant to subdivision (f) of Section 11266.5 shall
count against the limits specified in Section 11454.
(c) This section shall become operative on January 1, 2013.

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SEC. 29. Section 11462.04 of the Welfare and Institutions Code is
amended to read:
11462.04. (a) Notwithstanding any other law, no new group home rate
or change to an existing rate shall be established pursuant to Section 11462.
An application shall not be accepted or processed for any of the following:
(1) A new program.
(2) A new provider.
(3) A program change, such as a rate classification level (RCL) increase.
(4) A program capacity increase.
(5) A program reinstatement.
(b) Notwithstanding subdivision (a), the department may grant exceptions
as appropriate on a case-by-case basis, based upon a written request and
supporting documentation provided by county placing agencies, including
county welfare or probation directors.
(c) For the 2012–13 fiscal year, notwithstanding subdivision (b), for any
program below RCL 10, the only exception that may be sought and granted
pursuant to this section is one associated with a program change, such as
an RCL increase. The other exceptions shall not be available to programs
below RCL 10 during this period.
SEC. 30. Section 11464 of the Welfare and Institutions Code is amended
to read:
11464. (a) The Legislature finds and declares all of the following:
(1) Children who are consumers of regional center services and also
receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC),
Kinship Guardianship Assistance Payment (Kin-GAP) benefits, or Adoption
Assistance Program (AAP) benefits have special needs that can require care
and supervision beyond that typically provided to children in foster care.
Clarifying the roles of the child welfare and developmental disabilities
services systems will ensure that these children receive the services and
support they need in a timely manner and encourage the successful adoption
of these children, where appropriate.
(2) To address the extraordinary care and supervision needs of children
who are consumers of regional center services and also receiving AFDC-FC,
Kin-GAP, or AAP benefits, it is necessary to provide a rate for care and
supervision of these children that is higher than the average rate they would
otherwise receive through the foster care system and higher than the rate
other children with medical and other significant special needs receive.
(3) Despite the enhanced rate provided in this section, some children
who are consumers of regional center services and also receiving AFDC-FC,
Kin-GAP, or AAP benefits may have care and supervision needs that are
so extraordinary that they cannot be addressed within that rate. In these
limited circumstances, a process should be established whereby a supplement
may be provided in addition to the enhanced rate.
(4) Children who receive rates pursuant to this section shall be afforded
the same due process rights as all children who apply for AFDC-FC,
Kin-GAP, and AAP benefits pursuant to Section 10950.

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(b) Rates for children who are both regional center consumers and
recipients of AFDC-FC or Kin-GAP benefits under this chapter shall be
determined as provided in Section 4684 and this section.
(c) (1) The rate to be paid for 24-hour out-of-home care and supervision
provided to children who are both consumers of regional center services
pursuant to subdivision (d) of Section 4512 and recipients of AFDC-FC and
Kin-GAP benefits under this chapter shall be two thousand six dollars
($2,006) per child per month.
(2) (A) The county, at its sole discretion, may authorize a supplement
of up to one thousand dollars ($1,000) to the rate for children three years
of age and older, if it determines the child has the need for extraordinary
care and supervision that cannot be met within the rate established pursuant
to paragraph (1). The State Department of Social Services and the State
Department of Developmental Services, in consultation with stakeholders
representing county child welfare agencies, regional centers, and children
who are both consumers of regional center services and recipients of
AFDC-FC, Kin-GAP, or AAP benefits, shall develop objective criteria to
be used by counties in determining eligibility for and the level of the
supplements provided pursuant to this paragraph. The State Department of
Social Services shall issue an all-county letter to implement these criteria
within 120 days of the effective date of this act. The criteria shall take into
account the extent to which the child has any of the following:
(i) Severe impairment in physical coordination and mobility.
(ii) Severe deficits in self-help skills.
(iii) Severely disruptive or self-injurious behavior.
(iv) A severe medical condition.
(B) The caregiver may request the supplement described in subparagraph
(A) directly or upon referral by a regional center. Referral by a regional
center shall not create the presumption of eligibility for the supplement.
(C) When assessing a request for the supplement, the county shall seek
information from the consumer’s regional center to assist in the assessment.
The county shall issue a determination of eligibility for the supplement
within 90 days of receipt of the request. The county shall report to the State
Department of Social Services the number and level of rate supplements
issued pursuant to this paragraph.
(d) (1) The rate to be paid for 24-hour out-of-home care and supervision
provided for children who are receiving services under the California Early
Start Intervention Services Act, are not yet determined by their regional
center to have a developmental disability, as defined in subdivisions (a) and
(l) of Section 4512, and are receiving AFDC-FC or Kin-GAP benefits under
this chapter, shall be eight hundred ninety-eight dollars ($898) per child per
month. If a regional center subsequently determines that the child is an
individual with a developmental disability as that term is defined by
subdivisions (a) and (l) of Section 4512, the rate to be paid from the date
of that determination shall be consistent with subdivision (c).
(2) The rates to be paid for 24-hour out-of-home nonmedical care and
supervision for children who are recipients of AFDC-FC or Kin-GAP and

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consumers of regional center services from a community care facility
licensed pursuant to Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code and vendored by a regional center pursuant
to Section 56004 of Title 17 of the California Code of Regulations, shall be
the facility rate established by the State Department of Developmental
Services.
(e) Rates paid pursuant to this section are subject to all of the following
requirements:
(1) The rates paid to the foster care provider under subdivision (c) and
paragraph (1) of subdivision (d) are only for the care and supervision of the
child, as defined in subdivision (b) of Section 11460 and shall not be
applicable to facilities described in paragraph (2) of subdivision (d).
(2) Regional centers shall separately purchase or secure the services that
are contained in the child’s Individualized Family Service Plan (IFSP) or
Individual Program Plan (IPP), pursuant to Section 4684.
(3) Beginning with the 2011–12 fiscal year, the rates in paragraph (1) of
subdivision (c) and paragraph (1) of subdivision (d) shall be adjusted
annually by the percentage change in the California Necessities Index, as
set forth in paragraph (2) of subdivision (g) of Section 11461. No county
shall be reimbursed for any increase in this rate that exceeds the adjustments
made in accordance with this methodology.
(f) (1) The AFDC-FC rates paid on behalf of a regional center consumer
who is a recipient of AFDC-FC prior to July 1, 2007, shall remain in effect
unless a change in the placement warrants redetermination of the rate or if
the child is no longer AFDC-FC eligible. However, AFDC-FC rates paid
on behalf of these children that are lower than the rates specified in paragraph
(1) of subdivision (c) or paragraph (1) of subdivision (d), respectively, shall
be increased as appropriate to the amount set forth in paragraph (1) of
subdivision (c) or paragraph (1) of subdivision (d), effective July 1, 2007,
and shall remain in effect unless a change in the placement or a change in
AFDC-FC eligibility of the child warrants redetermination of the rate.
(2) For a child who is receiving AFDC-FC benefits or for whom a foster
care eligibility determination is pending, and for whom an eligibility
determination for regional center services pursuant to subdivision (a) of
Section 4512 is pending or approved, and for whom, prior to July 1, 2007,
a State Department of Developmental Services facility rate determination
request has been made and is pending, the rate shall be the State Department
of Developmental Services facility rate determined by the regional center
through an individualized assessment, or the rate established in paragraph
(1) of subdivision (c), whichever is greater. The rate shall remain in effect
until the child is no longer eligible to receive AFDC-FC, or, if still AFDC-FC
eligible, is found ineligible for regional center services as an individual
described in subdivision (a) of Section 4512. Other than the circumstances
described in this section, regional centers shall not establish facility rates
for AFDC-FC purposes.
(g) (1) The department shall adopt emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division

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3 of Title 2 of the Government Code, and for the purposes of that chapter,
including Section 11349.6 of the Government Code, on or before July 1,
2009.
(2) The adoption of regulations pursuant to paragraph (1) shall be deemed
an emergency and necessary for the immediate preservation of the public
peace, health, safety, and general welfare. The regulations authorized by
this subdivision shall remain in effect for no more than 180 days, by which
time final regulations shall be adopted.
(h) (1) The State Department of Social Services and the State Department
of Developmental Services shall provide to the Joint legislative Budget
Committee, on a semiannual basis, the data set forth in paragraph (2) to
facilitate legislative review of the outcomes of the changes made by the
addition of this section and the amendments made to Sections 4684 and
16121 by the act adding this section. The first report shall be submitted on
October 1, 2007, with subsequent reports submitted on March 1 and October
1 of each year.
(2) The following data shall be provided pursuant to this subdivision:
(A) The number of, and services provided to, children who are consumers
of regional center services and who are receiving AAP, Kin-GAP, or
AFDC-FC, broken out by children receiving the amount pursuant to
paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of
subdivision (d), and the level of supplement pursuant to subparagraph (A)
of paragraph (2) of subdivision (c).
(B) A comparison of services provided to these children and similar
children who are regional center consumers who do not receive AFDC-FC,
Kin-GAP, or AAP benefits, broken out by children receiving the amount
pursuant to paragraph (1) of subdivision (c), the amount pursuant to
paragraph (1) of subdivision (d), and the level of supplement pursuant to
subparagraph (A) of paragraph (2) of subdivision (c).
(C) The number and nature of appeals filed regarding services provided
or secured by regional centers for these children, consistent with Section
4714, broken out by children receiving the amount pursuant to paragraph
(1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision
(d), and the level of supplement pursuant to subparagraph (A) of paragraph
(2) of subdivision (c).
(D) The number of these children who are adopted before and after the
act adding this section, broken out by children receiving the amount pursuant
to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1)
of subdivision (d), and the level of supplement pursuant to subparagraph
(A) of paragraph (2) of subdivision (c).
(E) The number and levels of supplements requested pursuant to
subparagraph (B) of paragraph (2) of subdivision (c).
(F) The number of appeals requested of the decision by counties to deny
the request for the supplement pursuant to subparagraph (A) of paragraph
(2) of subdivision (c).

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(G) The total number and levels of supplements authorized pursuant to
subparagraph (A) of paragraph (2) of subdivision (c) and the number of
these supplements authorized upon appeal.
(i) Commencing January 1, 2012, the rate described in subdivision (c)
shall be paid for an eligible nonminor dependent who is under 21 years of
age, is receiving AFDC-FC or Kin-GAP benefits pursuant to Section 11403,
and is a consumer of regional center services.
SEC. 31. Section 11487 of the Welfare and Institutions Code is amended
to read:
11487. (a) Whenever any aid under this chapter is repaid to the state
by means of child support collections, the state shall be entitled to the amount
received or recovered, except to the extent that county and federal funds
were expended. If funds advanced by the federal government were paid,
the federal government shall be entitled to a share of the amount received
or recovered, proportionate to the amount of federal funds paid. Except as
provided in subdivision (b), if funds were paid by a county, the county shall
be entitled to a share of the amount received or recovered, proportionate to
the amount of county funds paid.
(b) For the 2011–12 and 2012–13 fiscal years, the county share of funds
received or recovered pursuant to subdivision (a) shall instead be suspended
and these funds shall be retained by the state.
SEC. 32. Section 12301.03 of the Welfare and Institutions Code is
repealed.
SEC. 33. Section 12301.05 of the Welfare and Institutions Code is
repealed.
SEC. 34. Section 12301.06 of the Welfare and Institutions Code is
amended to read:
12301.06. (a) (1) Notwithstanding any other provision of law, except
as provided in subdivision (d), the department shall implement a 3.6-percent
reduction in hours of service to each recipient of services under this article,
which shall be applied to the recipient’s hours as authorized pursuant to the
most recent assessment. This reduction shall be effective 90 days after the
enactment of the act that adds this section. The reduction required by this
section shall not preclude any reassessment to which a recipient would
otherwise be entitled. However, hours authorized pursuant to a reassessment
shall be subject to the 3.6-percent reduction required by this section.
(2) A recipient of services under this article may direct the manner in
which the reduction of hours is applied to the recipient’s previously
authorized services.
(3) For those individuals who have a documented unmet need, excluding
protective supervision because of the limitations on authorized hours under
Section 12303.4, the reduction shall be taken first from the documented
unmet need.
(b) (1) The reduction in hours of service pursuant to subdivision (a) shall
cease to be implemented on July 1, 2013.

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(2) It is the intent of the Legislature that on July 1, 2013, services shall
be restored to the level authorized pursuant to the recipient’s most recent
assessment, and increased by the previously deducted 3.6 percent.
(c) The notice of action informing the recipient of the reduction pursuant
to subdivision (a) shall be mailed at least 30 days prior to the reduction
going into effect. The notice of action shall be understandable to the recipient
and translated into all languages spoken by a substantial number of the
public served by the In-Home Supportive Services program, in accordance
with Section 7295.2 of the Government Code. The notice shall not contain
any recipient financial or confidential identifying information other than
the recipient’s name, address, and Case Management Information and Payroll
System (CMIPS) client identification number, and shall include, but not be
limited to, all of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to subdivision (a) and the aggregate number of authorized hours
after the reduction.
(2) That the recipient may direct the manner in which the reduction of
authorized hours is applied to the recipient’s previously authorized services.
(3) That the reduction of hours shall remain in effect until July 1, 2013,
at which time service hours shall be restored to the recipient’s authorized
level, based on the most recent assessment, and increased by the previously
deducted 3.6 percent.
(d) A recipient shall have all appeal rights otherwise provided for under
Chapter 7 (commencing with Section 10950) of Part 2.
(e) (1) Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), the department may
implement and administer this section through all-county letters or similar
instructions from the department.
(f) This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute that is enacted
before January 1, 2014, deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 35. Section 12305.87 of the Welfare and Institutions Code is
amended to read:
12305.87. (a) (1) Commencing 90 days following the effective date of
the act that adds this section, a person specified in paragraph (2) shall be
subject to the criminal conviction exclusions provided for in this section,
in addition to the exclusions required under Section 12305.81.
(2) This section shall apply to a person who satisfies either of the
following conditions:
(A) He or she is a new applicant to provide services under this article.
(B) He or she is an applicant to provide services under this article whose
application has been denied on the basis of a conviction and for whom an
appeal of that denial is pending.
(b) Subject to subdivisions (c), (d), and (e), an applicant subject to this
section shall not be eligible to provide or receive payment for providing

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supportive services for 10 years following a conviction for, or incarceration
following a conviction for, any of the following:
(1) A violent or serious felony, as specified in subdivision (c) of Section
667.5 of the Penal Code and subdivision (c) of Section 1192.7 of the Penal
Code.
(2) A felony offense for which a person is required to register under
subdivision (c) of Section 290 of the Penal Code. For purposes of this
paragraph, the 10-year time period specified in this section shall commence
with the date of conviction for, or incarceration following a conviction for,
the underlying offense, and not the date of registration.
(3) A felony offense described in paragraph (2) of subdivision (c) or
paragraph (2) of subdivision (g) of Section 10980.
(c) Notwithstanding subdivision (b), an application shall not be denied
under this section if the applicant has obtained a certificate of rehabilitation
under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3
of the Penal Code or if the information or accusation against him or her has
been dismissed pursuant to Section 1203.4 of the Penal Code.
(d) (1) Notwithstanding subdivision (b), a recipient of services under
this article who wishes to employ a provider applicant who has been
convicted of an offense specified in subdivision (b) may submit to the county
an individual waiver of the exclusion provided for in this section. This
paragraph shall not be construed to allow a recipient to submit an individual
waiver with respect to a conviction or convictions for offenses specified in
Section 12305.81.
(2) The county shall notify a recipient who wishes to hire a person who
is applying to be a provider and who has been convicted of an offense subject
to exclusion under this section of that applicant’s relevant criminal offense
convictions that are covered by subdivision (b). The notice shall include
both of the following:
(A) A summary explanation of the exclusions created by subdivision (b),
as well as the applicable waiver process described in this subdivision and
the process for an applicant to seek a general exception, as described in
subdivision (e). This summary explanation shall be developed by the
department for use by all counties.
(B) An individual waiver form, which shall also be developed by the
department and used by all counties. The waiver form shall include both of
the following:
(i) A space for the county to include a reference to any Penal Code
sections and corresponding offense names or descriptions that describe the
relevant conviction or convictions that are covered by subdivision (b) and
that the provider applicant has in his or her background.
(ii) A statement that the service recipient, or his or her authorized
representative, if applicable, is aware of the applicant’s conviction or
convictions and agrees to waive application of this section and employ the
applicant as a provider of services under this article.
(3) To ensure that the initial summary explanation referenced in this
subdivision is comprehensible for recipients and provider applicants, the

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department shall consult with representatives of county welfare departments
and advocates for, or representatives of, recipients and providers in
developing the summary explanation and offense descriptions.
(4) The individual waiver form shall be signed by the recipient, or by
the recipient’s authorized representative, if applicable, and returned to the
county welfare department by mail or in person. Except for a parent,
guardian, or person having legal custody of a minor recipient, a conservator
of an adult recipient, or a spouse or registered domestic partner of a recipient,
a provider applicant shall not sign his or her own individual waiver form
as the recipient’s authorized representative. The county shall retain the
waiver form and a copy of the provider applicant’s criminal offense record
information search response until the date that the convictions that are the
subject of the waiver request are no longer within the 10-year period
specified in subdivision (b).
(5) An individual waiver submitted pursuant to this subdivision shall
entitle a recipient to hire a provider applicant who otherwise meets all
applicable enrollment requirements for the In-Home Supportive Services
program. A provider hired pursuant to an individual waiver may be employed
only by the recipient who requested that waiver, and the waiver shall only
be valid with respect to convictions that are specified in that waiver. A new
waiver shall be required if the provider is subsequently convicted of an
offense to which this section otherwise would apply. A provider who wishes
to be listed on a provider registry or to provide supportive services to a
recipient who has not requested an individual waiver shall be required to
apply for a general exception, as provided for in subdivision (e).
(6) Nothing in this section shall preclude a provider who is eligible to
receive payment for services provided pursuant to an individual waiver
under this subdivision from being eligible to receive payment for services
provided to one or more additional recipients who obtain waivers pursuant
to this same subdivision.
(7) The state and a county shall be immune from any liability resulting
from granting an individual waiver under this subdivision.
(e) (1) Notwithstanding subdivision (b), an applicant who has been
convicted of an offense identified in subdivision (b) may seek from the
department a general exception to the exclusion provided for in this section.
(2) Upon receipt of a general exception request, the department shall
request a copy of the applicant’s criminal offender record information search
response from the applicable county welfare department, public authority,
or nonprofit consortium. Notwithstanding any other provision of law, the
county, public authority, or nonprofit consortium shall provide a copy of
the criminal offender record information search response, as provided to
the county, public authority, or nonprofit consortium by the Department of
Justice, to the department. The county, public authority, or nonprofit
consortium shall provide this information in a manner that protects the
confidentiality and privacy of the criminal offender record information
search response. The state or federal criminal history record information

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search response shall not be modified or altered from its form or content as
provided by the Department of Justice.
(3) The department shall consider the following factors when determining
whether to grant a general exception under this subdivision:
(A) The nature and seriousness of the conduct or crime under
consideration and its relationship to employment duties and responsibilities.
(B) The person’s activities since conviction, including, but not limited
to, employment or participation in therapy education, or community service,
that would indicate changed behavior.
(C) The number of convictions and the time that has elapsed since the
conviction or convictions.
(D) The extent to which the person has complied with any terms of parole,
probation, restitution, or any other sanction lawfully imposed against the
person.
(E) Any evidence of rehabilitation, including character references,
submitted by the person, or by others on the person’s behalf.
(F) Employment history and current or former employer
recommendations. Additional consideration shall be given to employer
recommendations provided by a person who has received or has indicated
a desire to receive supportive or personal care services from the applicant,
including, but not limited to, those services, specified in Section 12300.
(G) Circumstances surrounding the commission of the offense that would
demonstrate the unlikelihood of repetition.
(H) The granting by the Governor of a full and unconditional pardon.
(f) If the department makes a determination to deny an application to
provide services pursuant to a request for a general exception, the department
shall notify the applicant of this determination by either personal service or
registered mail. The notice shall include the following information:
(1) A statement of the department’s reasons for the denial that evaluates
evidence of rehabilitation submitted by the applicant, if any, and that
specifically addresses any evidence submitted relating to the factors in
paragraph (3) of subdivision (e).
(2) A copy of the applicant’s criminal offender record information search
response, even if the applicant already has received a copy pursuant to
Section 12301.6 or 12305.86. The department shall provide this information
in a manner that protects the confidentiality and privacy of the criminal
offender record information search response.
(A) The state or federal criminal history record shall not be modified or
altered from its form or content as provided by the Department of Justice.
(B) The department shall retain a copy of each individual’s criminal
offender record information search response until the date that the
convictions that are the subject of the exception are no longer within the
10-year period specified in subdivision (b), and shall record the date the
copy of the response was provided to the individual and the department.
(C) The criminal offender record information search response shall not
be made available by the department to any individual other than the provider
applicant.

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(g) (1) Upon written notification that the department has determined
that a request for exception shall be denied, the applicant may request an
administrative hearing by submitting a written request to the department
within 15 business days of receipt of the written notification. Upon receipt
of a written request, the department shall hold an administrative hearing
consistent with the procedures specified in Section 100171 of the Health
and Safety Code, except where those procedures are inconsistent with this
section.
(2) A hearing under this subdivision shall be conducted by a hearing
officer or administrative law judge designated by the director. A written
decision shall be sent by certified mail to the applicant.
(h) The department shall revise the provider enrollment form developed
pursuant to Section 12305.81 to include both of the following:
(1) The text of subdivision (c) of Section 290 of the Penal Code,
subdivision (c) of Section 667.5 of the Penal Code, subdivision (c) of Section
1192.7 of the Penal Code, and paragraph (2) of subdivisions (c) and (g) of
Section 10980.
(2) A statement that the provider understands that if he or she has been
convicted, or incarcerated following conviction for, any of the crimes
specified in the provisions identified in paragraph (b) in the last 10 years,
and has not received a certificate of rehabilitation or had the information or
accusation dismissed, as provided in subdivision (c), he or she shall only
be authorized to receive payment for providing in-home supportive services
under an individual waiver or general exception as described in this section,
and upon meeting all other applicable criteria for enrollment as a provider
in the program.
(i) (1) Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), the department may
implement and administer this section through all-county letters or similar
instructions from the department until regulations are adopted. The
department shall adopt emergency regulations implementing these provisions
no later than July 1, 2011. The department may readopt any emergency
regulation authorized by this section that is the same as or substantially
equivalent to an emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations pursuant to this section
and one readoption of emergency regulations shall be deemed an emergency
and necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The initial
emergency regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of Administrative
Law for filing with the Secretary of State and each shall remain in effect
for no more than 180 days, by which time final regulations may be adopted.
(j) In developing the individual waiver form and all-county letters or
information notices or similar instructions, the department shall consult

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with stakeholders, including, but not limited to, representatives of the county
welfare departments, and representatives of consumers and providers. The
consultation shall include at least one in-person meeting prior to the
finalization of the individual waiver form and all-county letters or
information notices or similar instructions.
SEC. 36. Section 12306.6 of the Welfare and Institutions Code is
amended to read:
12306.6. (a) (1) Notwithstanding any other provision of law, beginning
on the date for which the federal Centers for Medicare and Medicaid Services
authorizes commencement of the implementation of this section, but no
earlier than January 1, 2012, and concurrent with the collection of the sales
tax extended to support services pursuant to Article 4 (commencing with
Section 6150) of Chapter 2 of Part 1 of Division 2 of the Revenue and
Taxation Code, a provider of in-home supportive services shall receive a
supplementary payment under this article equal to a percentage, as set forth
in paragraph (2), of the gross receipts, as defined in subdivision (b) of Section
6150 of the Revenue and Taxation Code, of the provider for the sale of
in-home supportive services, plus an amount described in paragraph (3) if
applicable. If the underlying payment for in-home supportive services that
is being supplemented is a Medi-Cal payment, then the supplementary
payment shall also be a Medi-Cal payment. Supplementary payments shall
be made only to those providers from whom the tax imposed pursuant to
Section 6151 of the Revenue and Taxation Code has been collected.
(2) The percentage applicable to the supplementary payment required
by paragraph (1) shall equal the rate described in subdivision (b) of Section
6151 of the Revenue and Taxation Code and shall only be applied to services
provided under this article, including personal care option services
reimbursable under the Medi-Cal program.
(3) The supplementary payment of an individual provider whose payroll
withholding required for federal income tax purposes and for purposes of
taxation for the Social Security and Medicare programs is increased due to
the supplementary payment, in comparison to the amounts for those purposes
that would be withheld without the supplementary payment, shall be
increased by an additional amount that is equal to the amount of this
additional federal withholding.
(b) (1) All revenues deposited in the Personal Care IHSS Quality
Assurance Revenue Fund established pursuant to Section 6168 of the
Revenue and Taxation Code shall be used solely for purposes of the In-Home
Supportive Services program, including, but not limited to, those services
provided under the Medi-Cal program. All supplementary payments required
by this section shall be paid from the Personal Care IHSS Quality Assurance
Revenue Fund.
(2) The Director of Finance shall determine the sum required to be
deposited in the Personal Care IHSS Quality Assurance Revenue Fund to
fund the initial supplementary payments from the fund. As soon thereafter
as reasonably possible, this sum shall be transferred, in the form of a loan,
from the General Fund to the Personal Care IHSS Quality Assurance

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Revenue Fund. At the time sufficient revenues have been deposited in the
Personal Care IHSS Quality Assurance Revenue Fund pursuant to Section
6168 of the Revenue and Taxation Code to sustain the continued operation
of the fund for that portion of the supplementary payment described in
paragraph (2) of subdivision (a) plus an additional amount equal to the
General Fund loan made pursuant to this paragraph, plus interest, the sum
transferred from the General Fund, including interest, shall be repaid to the
General Fund. Subsequent supplementary payments pursuant to this section
shall be made from revenue deposited in the Personal Care IHSS Quality
Assurance Revenue Fund pursuant to Section 6168 of the Revenue and
Taxation Code.
(3) The Department of Finance, on an ongoing basis, shall determine the
amount necessary to implement paragraph (3) of subdivision (a), and
subdivision (c) of Section 12302.2, and immediately transfer this amount
from the General Fund to the Personal Care IHSS Quality Assurance
Revenue Fund.
(c) (1) The Director of Health Care Services shall seek all federal
Medicaid approvals necessary to implement this section, including using
the revenues obtained pursuant to Article 4 (commencing with Section 6150)
of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code as
the nonfederal share for supplementary payments. As part of that request
for approval, the director shall seek to make the supplementary payments
effective as of January 1, 2012.
(2) This section shall become operative only if the federal Centers for
Medicare and Medicaid Services grants Medicaid approvals sought pursuant
to paragraph (1).
(3) If Medicaid approval is granted pursuant to paragraph (2), within 10
days of that approval the Director of Health Care Services shall notify the
State Board of Equalization and the appropriate fiscal and policy committees
of the Legislature of the approval.
(d) If Article 4 (commencing with Section 6150) of Chapter 2 of Part 1
of Division 2 of the Revenue and Taxation Code becomes inoperative
pursuant to subdivision (b) of Section 6170 of the Revenue and Taxation
Code, supplementary payments shall cease to be made pursuant to
subdivision (a) when all moneys in the fund have been expended.
(e) (1) Notwithstanding the rulemaking provisions of the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, the department and the State
Department of Health Care Services may implement and administer this
section through all-county letters or similar instruction from the department
and the State Department of Health Care Services until regulations are
adopted. The department and the State Department of Health Care Services
shall adopt emergency regulations implementing this section no later than
12 months following the initial effective date of the supplementary payments.
The department and the State Department of Health Care Services may
readopt any emergency regulation authorized by this section that is the same

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as or substantially equivalent to an emergency regulation previously adopted
under this section.
(2) The initial adoption of emergency regulations implementing this
section and the one readoption of emergency regulations authorized by this
subdivision shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare. Initial
emergency regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review and approval by the
Office of Administrative Law. The initial emergency regulations and the
one readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the Secretary
of State and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.
(f) This section shall remain in effect only until the January 1 following
the date supplementary payments cease to be made pursuant to subdivision
(d), and as of that date is repealed.
SEC. 37. Section 14124.93 of the Welfare and Institutions Code is
amended to read:
14124.93. (a) The Department of Child Support Services shall provide
payments to the local child support agency of fifty dollars ($50) per case
for obtaining third-party health coverage or insurance of beneficiaries, to
the extent that funds are appropriated in the annual Budget Act.
(b) A county shall be eligible for a payment if the county obtains
third-party health coverage or insurance for applicants or recipients of Title
IV-D services not previously covered, or for whom coverage has lapsed,
and the county provides all required information on a form approved by
both the Department of Child Support Services and the State Department
of Health Care Services.
(c) Payments to the local child support agency under this section shall
be suspended for the 2003–04, 2004–05, 2005–06, 2006–07, 2007–08,
2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15
fiscal years.
SEC. 38. Section 14132.957 of the Welfare and Institutions Code is
repealed.
SEC. 39. Section 15525 of the Welfare and Institutions Code is amended
to read:
15525. (a) The State Department of Social Services shall establish a
Work Incentive Nutritional Supplement (WINS) program pursuant to this
section.
(b) Under the WINS program established pursuant to subdivision (a),
each county shall provide a ten-dollar ($10) per month additional food
assistance benefit for each eligible CalFresh household, as defined in
subdivision (d).
(c) The state shall pay to the counties 100 percent of the cost of WINS
benefits, using funds that qualify for the state’s maintenance of effort
requirements under Section 609(a)(7)(B)(i) of Title 42 of the United States
Code.

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(d) For purposes of this section, an “eligible CalFresh household” is a
household that meets all of the following criteria:
(1) Receives benefits pursuant to Chapter 10 (commencing with Section
18900) of Part 6.
(2) Has no household member receiving CalWORKs benefits pursuant
to Chapter 2 (commencing with Section 11200).
(3) Contains at least one child under 18 years of age, unless the household
contains a child who meets the requirements of Section 11253.
(4) Has at least one parent or caretaker relative determined to be “work
eligible” as defined in Section 261.2(n) of Title 45 of the Code of Federal
Regulations and Section 607 of Title 42 of the United States Code.
(5) Meets the federal work participation hours requirement set forth in
Section 607 of Title 42 of the United States Code for subsidized or
unsubsidized employment, and provides documentation that the household
has met the federal work requirements.
(e) (1) In accordance with federal law, federal Supplemental Nutrition
Assistance Program benefits administered in California as CalFresh (Chapter
10 (commencing with Section 18900) of Part 6), federal supplemental
security income benefits, state supplemental security program benefits,
public social services, as defined in Section 10051, and county aid benefits
(Part 5 (commencing with Section 17000)), shall not be reduced as a
consequence of the receipt of the WINS benefit paid under this chapter.
(2) Benefits paid under this chapter shall not count toward the federal
60-month time limit on aid as set forth in Section 608(a)(7)(A) of Title 42
of the United States Code. Payment of WINS benefits shall not commence
before January 1, 2014, and full implementation of the program shall be
achieved on or before July 1, 2014.
(f) (1) Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code and Section 10554), until
emergency regulations are filed with the Secretary of State pursuant to
paragraph (2), the State Department of Social Services may implement this
section through all-county letters or similar instructions from the director.
The director may provide for individual county phase-in of this section to
allow for the orderly implementation based upon standards established by
the director, including the operational needs and requirements of the counties.
Implementation of the automation process changes shall include issuance
of an all-county letter or similar instructions to counties by June 1, 2013.
(2) The department may adopt regulations to implement this chapter.
The initial adoption, amendment, or repeal of a regulation authorized by
this section is deemed to address an emergency, for purposes of Sections
11346.1 and 11349.6 of the Government Code, and the department is hereby
exempted for that purpose from the requirements of subdivision (b) of
Section 11346.1 of the Government Code. After the initial adoption,
amendment, or repeal of an emergency regulation pursuant to this paragraph,
the department may request approval from the Office of Administrative

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Law to readopt the regulation as an emergency regulation pursuant to Section
11346.1 of the Government Code.
(g) (1) The department shall not fully implement this section until the
department convenes a workgroup of advocates, legislative staff, county
representatives, and other stakeholders to consider the progress of the WINS
automation effort in tandem with a pre-assistance employment readiness
system (PAERS) program and any other program options that may provide
offsetting benefits to the caseload reduction credit in the CalWORKs
program. The department shall convene this workgroup on or before
December 1, 2013.
(2) A PAERS program shall be considered in light of current and potential
federal Temporary Assistance for Needy Families (TANF) statutes and
regulations and how other states with pre-assistance or other caseload offset
options are responding to federal changes.
(3) The consideration of program options shall include, but not necessarily
be limited to, the potential impacts on helping clients to obtain
self-sufficiency, increasing the federal work participation rate, increasing
the caseload reduction credit, requirements and efficiency of county
administration, and the well-being of CalWORKs recipients.
(4) If the workgroup concludes that adopting a PAERS program or other
program option pursuant to this section would, on balance, be favorable for
California and its CalWORKs recipients, the department, in consultation
with the workgroup, shall prepare a proposal by March 31, 2014, for
consideration during the regular legislative budget subcommittee process
in 2014.
(5) To meet the requirements of this subdivision, the department may
use its TANF reauthorization workgroups.
SEC. 40. Section 18285 of the Welfare and Institutions Code is amended
to read:
18285. (a) There is hereby created in the State Treasury the Child Health
and Safety Fund for the purposes specified in this section.
(b) Moneys for this fund shall be derived from the license plate program
provided for pursuant to Section 5072 of the Vehicle Code and from civil
penalties on child day care facility providers.
(c) Moneys in the fund shall be expended, upon appropriation by the
Legislature, for the purposes specified in subdivisions (d), (e) and (f).
(d) Fifty percent of moneys derived from the license plate program
pursuant to Section 5072 of the Vehicle Code shall be available, upon
appropriation, to the State Department of Social Services for the purpose
of administering provisions of Sections 1596.816, 1596.87, 1596.872b,
1596.893b 1596.895, 1596.95, 1597.091, 1597.54, 1597.541, 1597.542,
1597.55b and 1597.62 of the Health and Safety Code. Upon appropriation
by the Legislature, an additional five hundred one thousand dollars
($501,000), in excess of the 50 percent derived from the license plate
program, also shall be made available for these purposes. The State
Department of Social Services shall allocate these special funds according
to the following priorities:

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(1) Site visits performed pursuant to Sections 1597.091 and 1597.55b of
the Health and Safety Code.
(2) The monitoring responsibility of the child care advocate program.
(3) Training for investigative and licensing field staff.
(4) Other aspects of the child care advocate program performed pursuant
to Section 1596.872b of the Health and Safety Code.
(5) The salary of the chief of the child care licensing branch.
In order to implement the list of priorities set forth in this subdivision,
and to complete implementation of subdivision (a) of Section 1596.816 of
the Health and Safety Code, the State Department of Social Services may,
as necessary, fund appropriate administrative support costs.
(e) The balance of funds remaining after the appropriations specified in
subdivision (d) derived from the license plate program pursuant to Section
5072 of the Vehicle Code shall be available, upon appropriation, for
programs that address any of the following child health and safety concerns
and that are either to be carried out within a two-year period or whose
implementation is dependent upon one-time initial funding:
(1) Child abuse prevention, except that not more than 25 percent of the
moneys in this fund shall be used for this purpose. Ninety percent of the 25
percent shall be deposited in the county children’s trust fund, established
pursuant to Section 18966 of the Welfare and Institutions Code, for the
support of child abuse prevention services in the community, and 10 percent
of the 25 percent shall be deposited in the State Children’s Trust Fund,
established pursuant to Section 18969, for public education, training, and
technical assistance.
(2) Vehicular safety, including restraint warnings and education programs.
(3) Drowning prevention.
(4) Playground safety standards.
(5) Bicycle safety.
(6) Gun safety.
(7) Fire safety.
(8) Poison control and safety.
(9) In-home safety.
(10) Childhood lead poisoning.
(11) Sudden infant death syndrome.
(f) Moneys derived from civil penalties imposed on child day care facility
providers shall be made available, upon appropriation, to the State
Department of Social Services exclusively for the technical assistance,
orientation, training, and education of child day care facility providers.
SEC. 41. The heading of Chapter 7 (commencing with Section 19700)
of Part 2 of Division 10 of the Welfare and Institutions Code is amended
to read:
Chapter 7. Appeals
SEC. 42. Section 19700 of the Welfare and Institutions Code is repealed.

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SEC. 43. Section 19701 of the Welfare and Institutions Code is repealed.
SEC. 44. Section 19702 of the Welfare and Institutions Code is repealed.
SEC. 45. Section 19704 of the Welfare and Institutions Code is amended
to read:
19704. (a) If any applicant for, or client of, the department is dissatisfied
with any action of the department relating to his or her application or receipt
of services, or if any person who desires to apply for that assistance is refused
the opportunity to submit a signed application therefor and is dissatisfied
with that refusal, he or she shall, upon filing a request with the department
within one year after the decision or action complained of, have a right to
an administrative review and redetermination by a member or members of
the supervisory staff of the department and a fair hearing before an impartial
hearing officer.
(b) An administrative review shall not delay a hearing before an impartial
hearing officer if that hearing is requested. The review shall be held and the
decision of the reviewer shall be rendered to the applicant or client within
15 days of the date the request was filed.
(c) A fair hearing shall be held within 60 days of the date a written request
is received by the department.
(d) Notwithstanding Sections 19130, 19131, and 19132 of the
Government Code, the department shall contract with another office, entity,
or department for the provision of impartial hearing officers.
SEC. 46. Section 19705 of the Welfare and Institutions Code is amended
to read:
19705. (a) (1) After consulting with the appellant, the department shall
set the time and place of the hearing specified in Section 19704 before an
impartial hearing officer and shall give all parties concerned written notice
of the time and place of the hearing.
(2) An impartial hearing officer may change the time and place of the
hearing after further consultation with, and to accommodate the convenience
of, the appellant. If the appellant consents and each participant in the hearing
has an opportunity to participate in the entire proceeding while it is taking
place and to examine exhibits, all or part of the fair hearing may be
conducted by means other than an in-person hearing.
(b) At the hearing, the appellant may appear, may be accompanied by a
representative of his or her own choosing, or may designate a representative
to appear on his or her behalf. The appellant may submit the matter on the
written record and waive the right to appear at the hearing.
(c) Upon a joint request of the parties or upon a showing of good cause
by either party, the impartial hearing officer may grant extensions of time
or continuances of the hearing.
(d) (1) The hearing shall be conducted by an impartial hearing officer
who has no personal, financial, professional, or other interest that would
conflict with his or her objectivity in conducting the hearing. The impartial
hearing officer shall be knowledgeable regarding the federal and state laws
and regulations applicable to the department.

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(2) The hearing shall not be conducted according to the technical rules
of evidence and those related to witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence upon which responsible persons are
accustomed to rely in the conduct of serious affairs. Hearsay evidence may
be used for the purpose of supplementing or explaining other evidence, but
shall not be sufficient in itself to support a finding, unless it would be
admissible over objection in a civil action. All testimony shall be under oath
or affirmation, which the impartial hearing officer is empowered to
administer.
(3) The impartial hearing officer shall do all of the following:
(A) Consider the presentation of relevant viewpoints about the issues of
disagreement.
(B) Examine the evidence presented during the hearing.
(C) Issue a decision to the parties, written in ordinary and concise
language and in compliance with federal and state law and regulations, that
includes findings and grounds for the decision, within 30 days of the
completion of the hearing.
SEC. 47. Section 19705.1 is added to the Welfare and Institutions Code,
to read:
19705.1. Training for impartial hearing officers shall include, but not
be limited to, both of the following:
(a) Information regarding the goals and requirements of the vocational
rehabilitation program, the state plan, and federal and state statutes and
regulations governing the program.
(b) Instruction in how to protect the rights of appellants at administrative
hearings, with emphasis on assisting, where appropriate, those appellants
represented by themselves or an advocate inexperienced in administrative
hearings in fully developing the administrative record.
SEC. 48. Section 19706 of the Welfare and Institutions Code is repealed.
SEC. 49. Section 19709 of the Welfare and Institutions Code is amended
to read:
19709. (a) The appellant, within six months after receiving notice of
the impartial hearing officer’s final decision, may file a petition with the
superior court, under Section 1094.5 of the Code of Civil Procedure, praying
for a review of the entire proceedings in the matter, upon questions of law
involved in the case. The review, if granted, shall be the exclusive remedy
available to the appellant for review of the impartial hearing officer’s final
decision. The department shall be the sole respondent in the proceedings.
(b) No filing fee shall be required for the filing of a petition pursuant to
this section. Any of these petitions to the superior court shall be entitled to
a preference in setting a date for hearing on the petition. No bond shall be
required in the case of any petition for review, nor in any appeal therefrom.
The appellant shall be entitled to reasonable attorney’s fees and costs, if he
or she obtains a decision in his or her favor.
SEC. 50. Section 19710 is added to the Welfare and Institutions Code,
to read:

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Ch. 47

19710. Until January 1, 2014, the adoption and readoption of regulations
to modify appeals processes consistent with this part shall be deemed to be
an emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted from the requirement that it describe facts showing the need for
immediate action and from review of the emergency regulations by the
Office of Administrative Law.
SEC. 51. Section 72 of Chapter 32 of the Statutes of 2011 is amended
to read:
Sec. 72. The State Department of Social Services, in consultation with
stakeholders including, but not limited to, counties and public authorities,
including representatives of the California Association of Public Authorities,
shall develop a new ratesetting methodology for public authority
administrative costs, to go into effect commencing with the 2013–14 fiscal
year.
SEC. 52. (a) The State Department of Social Services shall use funding
included in the Budget Act of 2012 related to replacement of the Child
Welfare Services/Case Management System (CWS/CMS) for the next steps
necessary to move forward with the recommendation of the Child Welfare
Automation Study Team (CAST) to proceed toward procuring a new system,
consistent with a buy/build strategy, as described in the CAST report
submitted to the Legislature. These next steps shall include, but shall not
be limited to, completing, in consultation with the counties and the County
Welfare Directors Association, a Feasibility Study Report (FSR) and federal
Advance Planning Document (APD), as well as conducting other planning
activities. The Office of Systems Integration (OSI) and the department shall
report the results of these activities, in addition to the key milestones and
anticipated timelines for any resulting procurement process, to the
Legislature by March 1, 2013, for review during budget hearings in 2013.
(b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on March 1, 2017, pursuant to Section 10231.5
of the Government Code.
(2) A report to be submitted pursuant to subdivision (a) shall be submitted
in compliance with Section 9795 of the Government Code.
SEC. 53. (a) The State Department of Social Services (DSS) and the
Office of Systems Integration (OSI) shall have a qualified third party conduct
a cost-reasonableness assessment of the costs proposed by the vendor to
migrate the Consortium-IV counties to the newly developed Los Angeles
Eligibility, Automated Determination, Evaluation and Reporting (LEADER)
Replacement System (LRS). The purpose of the assessment is to determine
whether the proposed overall costs are within range of reasonableness, based
on current market rates and prices for the products and services proposed
under the vendor contract terms and conditions, and given the proposed
migration plans, project requirements and objectives, implementation
approach, and project risks, among other factors.

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(b) The assessment shall be conducted during the LRS development
period and the results shall be ready within an appropriate time for DSS and
OSI to determine how best to negotiate with the vendor in order to proceed
with the Consortium-IV migration to LRS.
SEC. 54. (a) The State Department of Social Services, in consultation
with stakeholders, including counties, advocates, and legislative staff, shall
convene a workgroup to identify best practices and other strategies that may
improve early engagement and barrier removal efforts so that the initial
months during which an adult recipient is subject to welfare-to-work
requirements are as meaningful an opportunity as possible. The scope of
the workgroup may include, but is not limited to, evaluating the processes
described in Section 11320.1 of the Welfare and Institutions Code and
determining the extent to which the current orientation, appraisal,
assessments, evaluations, job search and job club, welfare-to-work activities,
and sanctions, meet the needs of and lead to successful outcomes for
CalWORKs recipients, including recipients with barriers to participation.
The State Department of Social Services shall report to the appropriate
policy and fiscal committees of the Legislature by January 10, 2013,
regarding the recommendations developed pursuant to this subdivision,
including those that will be implemented through administrative changes
and those that would require statutory changes.
(b) The requirement for submitting a report imposed under subdivision
(a) shall become inoperative on January 10, 2017, pursuant to Section
10231.5 of the Government Code and as of that date, this section shall be
repealed.
SEC. 55. (a) The State Department of Social Services shall annually
update the Legislature regarding the implementation of the changes contained
in this act. Additionally, the department shall contract with an independent,
research-based institution for an evaluation and written report that shall be
provided to the Legislature by January 1, 2018. The report shall include,
but not be limited to, the following information, with respect to the period
of evaluation:
(1) (A) The number of adult recipients who were eligible for CalWORKs
prior to the operative date of this act.
(B) The number of recipients participating in welfare-to-work activities
pursuant to paragraph (1) of subdivision (a) of Section 11322.85 of the
Welfare and Institutions Code.
(C) The number of recipients participating in welfare-to-work activities
pursuant to paragraph (3) of subdivision (a) of Section 11322.85 of the
Welfare and Institutions Code.
(2) For each of the categories of recipients described in paragraph (1):
(A) The activities in which recipients are participating.
(B) The number of recipients who are exempt from participation in
welfare-to-work activities.
(C) The average time that recipient families receive assistance.

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Ch. 47

(D) The number of families who complete their welfare-to-work plan
and exit the CalWORKs program as a result of earned income or other
factors.
(E) The number of families that reach the 24-month time limit but are
granted an extension pursuant to Section 11322.87 of the Welfare and
Institutions Code, the bases for those extensions, and the average length of
those extensions.
(F) The number of families for whom the provisions of Section 11322.85
of the Welfare and Institutions Code apply and who exit the welfare-to-work
program and have no aided adult in their assistance unit as a result of the
24-month time limit.
(G) The number of recipients who do not complete their welfare-to-work
plans and for whom this lack of completion may be due to barriers to
employment, which may include the following:
(i) The recipient does not have a GED.
(ii) The recipient is an English language learner.
(iii) The recipient is a victim of domestic violence.
(iv) The recipient has behavioral health needs, including those related
to mental health or substance abuse.
(v) The recipient has a learning or other disability.
(vi) Other barriers identified by the advisory group established pursuant
to subdivision (b).
(H) Additional information identified by the advisory group established
pursuant to subdivision (b).
(3) The report shall also include information regarding relevant caseload
trends in the CalWORKs program.
(b) By March 1, 2013, the department shall convene an advisory group
of stakeholders, including counties, advocates, and legislative staff, to inform
the scope of the evaluation and report. This group shall meet as necessary
during the period of the evaluation, and leading up to the finalization of the
report.
(c) (1) The requirement for submitting a report imposed under
subdivision (a) shall become inoperative on January 1, 2021, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (a) shall be submitted
in compliance with Section 9795 of the Government Code.
SEC. 56. (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
department may implement and administer the changes made pursuant to
Sections 11265.45, 11265.46. 11265.47, 11265.48, 11320.3, 11322.63,
11322.8, 11322.85, 11322.86, 11322.87, 11451.5, and 11454.5 of the
Welfare and Institutions Code, as amended or added by this act, through
all-county letters or similar instructions from the director until regulations
are adopted. The department shall adopt emergency regulations implementing
these provisions no later than July 1, 2014. The Department of Social
Services may readopt any emergency regulation authorized by this section

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— 72 —

that is the same as, or substantially equivalent to, any emergency regulation
previously adopted under this section.
(b) The initial adoption of regulations pursuant to this section and one
readoption of emergency regulations shall be deemed to be an emergency
and necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The initial
emergency regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of Administrative
Law for filing with the Secretary of State and each shall remain in effect
for no more than 180 days, by which time final regulations shall be adopted.
SEC. 57. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 58. The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the California Health and Human
Services Agency for administration.
SEC. 59. The changes made by this act to Chapter 7 (commencing with
Section 19700) of Part 2 of Division 10 of the Welfare and Institutions Code
shall become operative 30 days after the effective date of this act.
SEC. 60. This act is a bill providing for appropriations related to the
Budget Bill within the meaning of subdivision (e) of Section 12 of Article
IV of the California Constitution, has been identified as related to the budget
in the Budget Bill, and shall take effect immediately.

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