(1) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including group home facilities, short-term residential therapeutic programs (STRTPs) , and adult residential facilities (ARFs) , by the State Department of Social Services. Under existing law, the department similarly regulates residential care facilities for the elderly. A violation of provisions relating to these facilities is a misdemeanor. Existing law requires administrators of these facilities, with specified exemptions, to complete a department-approved certification program, uniformly referred to as administrator certification training programs. Under existing law, these programs require a specified minimum number of hours, depending on the facility type, of classroom instruction that provides training on a uniform core of knowledge in specified areas. Existing law also requires administrator certificates to be renewed every 2 years, conditional upon the certificate holder submitting documentation of a specified number of hours of continuing education, based on the facility type. Existing law permits up to one-half of the required continuing education hours to be satisfied through online courses, and the remainder to be completed in a classroom instructional setting, as prescribed.
This bill would revise those provisions by deleting the classroom instruction requirement for initial certification and continuing education purposes, and instead would require instruction that is conducive to learning and allows participants to simultaneously interact with each other as well as with the instructor. The bill would authorize up to one-half of continuing education hours to be satisfied through self-paced courses, rather than online courses. The bill would make various conforming changes.
Existing law authorizes the department to license as ARFs, subject to specified conditions, adult residential facilities for persons with special health care needs (ARFPSHNs) , which provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs, as defined. Existing law requires the department to ensure that an ARFPSHN meets specified administrative requirements, including requirements related to fingerprinting and criminal records.
This bill additionally would require an ARFPSHN to meet the administrator certification requirements of an ARF, including, but not limited to, completing a department-approved administrator certification training program requiring a designated minimum number of hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, that provides training on the uniform core of knowledge applicable to ARFs, as specified. The bill would require an applicant for an administrator's certificate to submit an application for certification to the department and pass an examination, as prescribed.
Because a violation of the above-described requirements would be a crime, this bill would create a state-mandated local program.
Existing law includes within the definition of a community care facility, full-service adoption agencies and noncustodial adoption agencies, both of which are licensed entities authorized to provide specified adoption services. Under existing law, a facility is deemed to be an unlicensed community care facility and maintained and operated to provide nonmedical care if it is unlicensed, not exempt from licensure, and if it satisfies one of several specified conditions, including, among others, performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency, as specified. Existing law prohibits the operation of an unlicensed community care facility in the state and makes a violation of these provisions punishable as a misdemeanor.
Existing law generally sets forth the procedures and requirements for an adoption. Existing law authorizes an adoption facilitator to provide specific adoption services, including advertising for the purpose of soliciting parties to an adoption, locating children for an adoption, or acting as an intermediary between the parties to an adoption, and charging a fee or other valuable consideration for services rendered. Existing law makes it a crime for an unlicensed person or organization to advertise that they or it will place, accept, supply, provide, or obtain children for adoption, or to cause any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption.
This bill would repeal the provisions relating to adoption facilitators and would expressly state that an adoption facilitator that continues to operate on or after January 1, 2024, shall be deemed an unlicensed adoption agency. The bill would prohibit a person or organization from engaging in specified activities relating to adoption unless the person or organization has a valid and unrevoked license to operate as a licensed adoption agency, as defined, that is authorized to place children for adoption, or the person or organization is exempt from licensure, as specified. The bill would make various conforming changes. By changing the scope of existing crimes, this bill would impose a state-mandated local program.
The bill would authorize the department to make referrals to law enforcement agencies based on these violations and would authorize a person aggrieved by these violations to bring a civil action for relief, as specified. The bill would authorize any other interested person who, based upon information or belief, claims a person or entity is continuing to operate as an unlicensed adoption agency on or after January 1, 2024, to bring a civil action for injunctive relief on behalf of the general public.
The bill would require the department to create a section on its internet website dedicated to educating the public on unlicensed adoption agencies, as specified, including, among other things, a statement notifying the public of the prohibition against adoption facilitators in the state after January 1, 2024, and a listing of all persons or organizations on the department's statewide adoption facilitator registry as of December 31, 2023. The bill would require the department to individually notify each adoption facilitator on the registry as of July 1, 2023, that operations must cease and require the adoption facilitators to provide specified notices to the public and to individuals under contract that they will be ceasing operation. The bill would appropriate $317,000 from the Federal Trust Fund to the department for the implementation of these provisions.
(2) Existing law, the Home Care Services Consumer Protection Act (act) , provides for the licensure and regulation of home care organizations by the State Department of Social Services and the registration of home care aides. A violation of the act is a misdemeanor. Existing law authorizes the department to issue a license to a home care organization, and requires the license to be renewed every 2 years. Existing law requires an applicant for licensure to satisfy certain requirements, including, but not limited to, submitting proof of general and professional liability insurance, workers' compensation insurance, and an employee dishonesty bond, as specified. Existing law requires proof of that coverage to be provided at the time of each license renewal. Existing law requires the department to notify a licensed home care organization in writing of its registration expiration date and the process of renewal, as specified.
This bill would revise the provisions relating to the licensure of home care organizations, including, but not limited to, deleting the requirement for a home care organization licensee to provide proof of the insurance and bond coverage at the time of renewal. The bill would require the department to adopt regulations, on or before January 1, 2026, to require biennial inspections to ensure that licensed home care organizations possess those policies. The bill would specify that a home care organization license that is not renewed expires 2 years after the date of issuance.
Existing law requires the administration of the act to be fully supported by fees and not civil penalties, as specified. Existing law creates the Home Care Fund to fund the administration of the act, which consists of all licensure and registration fees authorized by the act.
This bill, notwithstanding those provisions, would authorize General Fund moneys, as appropriated in the Budget Act of 2023 and the Budget Act of 2024, to be used to administer the act. The bill would require the department to submit a report to the Legislature, by January 10, 2025, on the solvency of the Home Care Fund, including any new resources, and recommendations on a new fee structure that allows the home care program to be self-sustaining or request any additional resource needs. The bill would require the department, beginning January 1, 2024, to submit quarterly written progress updates, including specified information regarding the department's progress within the home care program, to the relevant legislative budget subcommittees and the Legislative Analyst's Office. The bill would make the quarterly update requirements inoperative on the later of January 10, 2025, or when the department delivers the report on the solvency of the Home Care Fund to the Legislature.
Existing law authorizes the department to deny an application for licensure or suspend or revoke any license issued pursuant to the act on specified grounds, including, but not limited to, engaging in conduct that is inimical to the health, morals, welfare, or safety of either an individual receiving home care services or the people of the State of California.
This bill additionally would authorize the department to prohibit an individual from becoming a registered home care aide or remaining registered on the home care aide registry, or being a licensee of, or serving in other specified capacities for a home care organization if the individual has engaged in the above conduct or other specified behavior. Among other actions, the bill would authorize the department to remove the individual from contact with clients, prospective clients, or confidential client information of a home care organization, pending a final decision of the matter, and to serve an immediate order of exclusion on the individual. The bill would authorize an excluded individual to appeal that decision, as prescribed.
(3) Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits and, at the time of redetermination, require the family to complete a certificate of eligibility. Existing law additionally requires at the time of the redetermination, and at other intervals as deemed necessary, the county to require the family to complete a certificate of eligibility with a written declaration of the relevant information.
This bill would, beginning July 1, 2024, or on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation to implement this change, require, if contact is not made or the annual certificate of eligibility is not completed, the county to send a reminder notice to the recipient no later than 5 days prior to the end of the month. The bill would authorize the department to implement and administer these changes by all-county letter or similar directive until regulations are adopted, and would require the department to adopt regulations implementing the changes no later than July 1, 2025. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Under existing law, guaranteed income payments received by an individual from the California Guaranteed Income Pilot Program are not considered income or resources for purposes of determining eligibility for benefits or assistance under any state or local benefit or assistance program, as specified.
This bill would exempt all guaranteed income payments from consideration as income or resources for purposes of the CalWORKs program. The bill would authorize the department to implement, interpret, or make specific this provision through all-county letters or similar instructions from the department until regulations are adopted, as specified. By expanding the scope of CalWORKs eligibility, and thereby increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would provide that the continuous appropriation would not be made for purposes of implementing the provisions relating to the redetermination notice and exempt income and resources.
Existing law establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law requires, effective October 1, 2022, and through September 30, 2024, that the maximum aid payments in effect on July 1, 2022, be increased by 10%, in addition to another specified percentage increase. Effective October 1, 2024, existing law conditions an increase in the maximum aid payments in effect on July 1, 2024, on an appropriation for this purpose in the Budget Act of 2024.
This bill would remove the expiration set for September 30, 2024, thereby extending indefinitely the 10% increase for the CalWORKs maximum aid payments. The bill would also remove the above-described appropriation condition for an increase in maximum aid payments. The bill would also, commencing on October 1, 2023, increase the maximum aid payments in effect on July 1, 2023, by 3.6%. Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, this bill would make an appropriation for the maximum aid payment increases. By increasing the duties of counties relating to these CalWORKs maximum aid payments, the bill would impose a state-mandated local program.
Existing law requires that if a family does not include a needy child qualified for aid under CalWORKs, aid will be paid to a pregnant person as of the date of the application for aid, as specified. Existing law establishes the CalWORKs Home Visiting Program (home visiting program) , a voluntary program for the purpose of supporting positive health, development, and well-being outcomes for pregnant and parenting people, families, and infants born into poverty. Subject to an appropriation in the annual Budget Act, existing law requires the department to award funds to participating counties in order to provide voluntary evidence-based home visiting services to assistance units that meet specified requirements. Existing law requires a participating county to describe in its application for funding, among other things, the voluntary populations of CalWORKs applicants and recipients that the county intends to serve. Existing law requires those populations to include individuals who are pregnant or are parents or caretaker relatives of a child less than 24 months of age at the time the individual enrolls in the program. Existing law also requires pregnant individuals who have applied for CalWORKs aid within 60 calendar days before reaching the 2nd trimester of pregnancy, and are otherwise eligible for CalWORKs aid, to be eligible for the home visiting program.
This bill would delete the provision limiting eligibility for the home visiting program with respect to pregnant CalWORKs applicants who have not reached the 2nd trimester. The bill would authorize the department to implement and administer these provisions by means of all-county letters or similar instructions from the department until regulations are adopted.
(4) Existing law requires the State Department of Social Services, subject to an appropriation in the annual Budget Act, to administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. Existing law defines an eligible entity, for purposes of the program, as a nonprofit organization, as specified, or a city, county, or city and county. Existing law requires the department to review and evaluate the pilot programs and projects funded to determine the economic impact of the programs and projects and their impact on the outcomes of individuals who receive guaranteed income payments. Existing law authorizes the department to accept and expend funds from nongovernmental sources for any grants awarded pursuant to the program and for the review and evaluation of pilot programs.
This bill would require the department's evaluation to include the applicability of the lessons learned from the pilot program for the state's California Work Opportunity and Responsibility to Kids (CalWORKs) program, with the objective of reaching the goals of improved outcomes for families and children living in poverty. The bill would authorize the department to accept and expend funds from any source, public or private, to administer the program. The bill would revise the definition of an eligible entity to also include a tribe, consortium of tribes, or tribal organization, or any combination thereof.
(5) Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law sets maximum allotment amounts by household size. Existing law establishes a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing cash and food assistance benefits, including CalFresh benefits.
This bill would, subject to an appropriation by the Legislature, require the department to administer the CalFresh Minimum Nutrition Benefit Pilot Program to provide an eligible household receiving a monthly CalFresh allotment of less than a minimum monthly benefit, established by the bill to be $50, with an additional 12 months of state-funded nutrition benefits that when added together with the federal allotment, totals no less than $50 per month. The bill would confer the department with sole discretion to identify additional eligibility criteria and to define the scope of the pilot program, and would require the department to consult with counties and stakeholders to identify and prioritize populations or regions with persistently higher levels of hunger. The bill would require these benefits to be delivered through the EBT system, and would, to the extent permitted by federal law, exclude these benefits from being considered income for any means-tested program. By imposing additional duties on counties administering the program, the bill would impose a state-mandated local program.
Existing law, until July 1, 2024, requires the State Department of Social Services to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritiz