Welfare and Institutions Code — Part 15 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 15 of 35 · provisions 2,801–3,000

This section says the act is to be known as the Welfare and Institutions Code.

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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 15150.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    If federal grants for public assistance are available, the State Treasurer must pay counties specified amounts from those grants, and the department must determine shares and adopt uniform rules for allocation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15150. During such time as grants-in-aid are provided or made available by the United States government for public assistance in this state, the State Treasurer shall pay to each county from the sums so granted (1) an amount which shall be used exclusively as public assistance equal to the full amount of any sums received from the United States government as public assistance in respect to recipients within the provisions of this chapter maintained or supported by the county; and (2) an additional amount equal to such county’s proportionate share of any amount so granted or made available to this state by the United States government for the costs of administering such aid, which additional amount shall be used exclusively for paying such administration costs. The department shall determine the portion of the amount so granted or made available for administration costs to be paid to the counties, which portion for each county shall bear the same proportion to the total amount made available to this state for such administrative costs that the administrative costs of that county bear to the total administrative costs of all counties and of the state. The department shall adopt rules and regulations which shall be of uniform application for determining the proportionate shares for such quarter to each county under the provisions of this section and Section 15152. (Added by Stats. 1965, Ch. 1784. Note: Provision (2) is superseded by Section 15151 whenever that section is operative.)
  2. 15150.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    The director must create and carry out a formula for allocating state and state-administered federal funds to counties for social services, and must seek county advice in developing it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15150.5. The director shall develop and implement an allocation formula for state funds and state administered federal funds that each county is to receive for social services. The director shall seek the advice and assistance of counties in development of this formula. The proposed formula shall become effective not sooner than 30 days after it has been submitted to the chairman of the Joint Legislative Budget Committee. The proposed formula submitted to the chairman shall be accompanied by a statement from the County Supervisors Association of California which expresses the counties’ position on the formula. (Added by Stats. 1983, Ch. 883, Sec. 4. Effective September 19, 1983. Operative January 1, 1984, by Sec. 6 of Ch. 883.)
  3. 15151.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    When federal grants are available for public assistance administration, the State Treasurer must pay counties their proportionate share, and the department must set the county share allocation and adopt uniform rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15151. During the times that grants-in-aid are provided or made available by the United States government for the purpose of defraying any portion of the costs of administration incurred for public assistance, the State Treasurer shall pay to each county an amount equal to the county’s proportionate share of the sum so granted for the cost of administration, which amount shall be used exclusively for paying the administrative costs. Except as provided in Section 15151.5, the department shall determine the portion of the amount so granted or made available for administrative costs to be paid to the counties, which portion shall be determined pursuant to rules and regulations of the department and shall be not less than one-half of the amount so granted or made available. The department shall adopt rules and regulations that shall be of uniform application for determining the proportionate shares of the respective counties of the portion so determined to be paid to those counties. This section shall become operative and shall supersede provision (2) of Section 15150 during the times that grants by the United States government, provided or made available to defray any portion of administrative costs incurred for public assistance, are not computed as a proportion of those costs of administration. Whenever this section is in effect, all other sections referring to Section 15150 shall also be deemed to refer to this section. (Amended by Stats. 2015, Ch. 303, Sec. 623. (AB 731) Effective January 1, 2016. Section conditionally operative as prescribed by its own provisions.)
  4. 15151.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    Counties must receive at least 66% of the amounts payable to the state for the covered social services, and unused allocated federal funds must be reallocated so they can be fully used.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15151.5. Notwithstanding the provisions of subdivision (2) of Section 15150 and Section 15151, the counties shall receive at least 66 percent of the amounts payable to the state with respect to the services subject to the limitations of Title XX of the Social Security Act, provided: (a) That the total federal allocation of funds for social services under the public assistance programs shall be fully distributed and utilized in each fiscal year; (b) That in the event that federal funds so allocated have not been utilized, the department shall reallocate the unused funds in such a manner that they may be fully utilized for the purposes for which they are received. (Amended by Stats. 1982, Ch. 714, Sec. 3.)
  5. 15152.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    The State Treasurer must pay each county an additional amount for public assistance from appropriated state funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15152. From the sums appropriated therefor by the State of California, the State Treasurer shall pay to each county an additional amount, which shall be used exclusively for public assistance, equal to that proportion of the aid grants paid by the county under each public assistance program as is specified in the appropriation for that program, after deducting from the sums so expended the amount paid to the county under subdivision (1) of Section 15150 of this code. (Added by Stats. 1965, Ch. 1784.)
  6. 15153.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    This section sets the process for estimating, certifying, and paying monthly county funds, and it temporarily suspends some July and August state fund advances in 2008 and 2009.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15153. Notwithstanding the provisions of any other section of this code, the method of computing and advancing funds to counties, both as to state funds and funds made available by the United States government, shall be as follows: (a) The department, prior to the beginning of each month, shall estimate the amount to be paid for the month to each county under this part. (b) The department shall then certify to the Controller the amounts so estimated by it for each county, adjusted by any sum by which it finds that its estimate for any prior period was greater or less than the amount which should have been paid. (c) The Controller shall thereupon draw the necessary warrants, and prior to audit or settlement by the department and the Controller, the State Treasurer shall pay to the treasurer of each county the amount so certified. (d) Moneys may be advanced by or on behalf of any county to a corporation or association in accordance with the provisions of a contract executed between the county and the corporation or association pursuant to Section 14052 or 14556. (e) The monthly advance of state general funds to counties for benefits or aid grants, administration, and for employment and supportive services, shall be temporarily suspended for the months of July and August 2008. This suspension shall not apply to a county with a population of less than 40,000. The advance of funds for these two months shall resume on September 1, 2008. In addition to the advance for the month of September, counties shall be paid for the advances that would have been made in July and August 2008 no later than September 30, 2008. Advances for the Supplemental Security Income/State Supplementary Payment Program for the Aged, Blind and Disabled (Chapter 3 (commencing with Section 12000)) and the In-Home Supportive Services program (Article 7 (commencing with Section 12300) of Chapter 3) shall not be affected by this temporary suspension. (f) (1) The monthly advance of state general funds to counties for benefits or aid grants, administration, and for employment and supportive services, shall be temporarily suspended for the months of July and August 2009. (2) This suspension made pursuant to this subdivision shall not apply to a county with a population of less than 40,000 persons. (3) The advance of funds for the months specified in paragraph (1) shall resume on September 1, 2009. (4) In addition to the advance for the month of September, a county shall be paid for the advances that would have been made in the months of July and August 2009, no later than September 30, 2009. (5) Advances for the Supplemental Security Income/State Supplementary Payment Program for the Aged, Blind and Disabled (Chapter 3 (commencing with Section 12000)) and the In-Home Supportive Services program (Article 7 (commencing with Section 12300) of Chapter 3) shall not be affected by the temporary suspension made pursuant to this subdivision. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 4, Sec. 25. Effective February 20, 2009.)
  7. 15153.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    The Controller must transfer certain county funds to the Employment Development Department, and the State Department of Social Services and the Employment Development Department must set up related procedures and reports, subject to approval by the Director of Finance and the Controller.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15153.5. Notwithstanding any provision of this article to the contrary, state and federal funds normally due counties for aid payments in behalf of appropriate participants under work incentive programs administered by the Employment Development Department, and the families of such participants, shall be transferred by the Controller to the Employment Development Department for use in administering the work incentive program. In addition, an amount of money not in excess of the county share of such aid payments shall be determined and deducted from advances of state and federal funds due counties pursuant to Section 15153. The State Department of Social Services and the Employment Development Department, subject to the approval of the Director of Finance and the Controller, shall establish procedures and methods for the maintenance of information and accounts and the preparation of reports essential to meet federal requirements, and to provide the Controller with financial statements to support the required transfer of funds. (Amended by Stats. 1977, Ch. 1252.)
  8. 15154.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. )

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    Counties must submit public assistance payment reports in the form and at the times set by the department, and the reports must be audited by the department and the State Controller.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 4. Payment of State and Federal Funds to Counties for Public Assistance Programs [15150 - 15154] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 15154. Reports of amounts paid out for public assistance shall be presented by the respective counties at times and in the form prescribed by the department. Such reports shall be audited by the department and the State Controller, and, when and in the amount approved, shall be allowed to the county as a credit to apply against advances made under the terms of Section 15153. (Added by Stats. 1965, Ch. 1784.)
  9. 152.

    ## Welfare and Institutions Code - WIC ## DIVISION 1. ADMINISTRATION OF WELFARE AND INSTITUTIONS [148 - 153] ( Division 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Unattended Collection Boxes [150 - 153] ( Chapter 2 added by Stats. 2010, Ch. 75, Sec. 1. )

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    A city, county, or city and county may declare a box that violates this chapter to be a public nuisance and abate it.

    ## Welfare and Institutions Code - WIC ## DIVISION 1. ADMINISTRATION OF WELFARE AND INSTITUTIONS [148 - 153] ( Division 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Unattended Collection Boxes [150 - 153] ( Chapter 2 added by Stats. 2010, Ch. 75, Sec. 1. ) ## 152. A city, county, or city and county shall have the authority to declare a box that is in violation of this chapter to be a public nuisance and to abate that nuisance accordingly. (Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.)
  10. 15200.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    This section appropriates state treasury funds to counties for specified public assistance purposes, with amounts reduced by listed deductions and subject to later fiscal-year funding rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15200. There is hereby appropriated out of any money in the State Treasury not otherwise appropriated the following sums: (a) To each county for the support and maintenance of needy children, the sums specified in subdivisions (a), (e), and (f) of Section 11450, after subtracting all the following amounts: (1) (A) Except as described in subparagraph (B), a 2.5-percent county share of cost. (B) If Section 1613 of Title 8 of the United States Code applies, a 5-percent county share of cost. (C) The county share described in this paragraph shall not apply to increases in maximum aid payments made in accordance with Section 11450.025. (2) Federal funds utilized for this purpose. (3) The amount allocated to each county from the Family Support Subaccount pursuant to Section 17601.75. (4) The amount allocated to each county from the Child Poverty and Family Supplemental Support Subaccount pursuant to Section 17601.50. (5) The amount allocated to each county from the CalWORKs Maintenance of Effort Subaccount pursuant to Section 17601.25. (b) To each county for the support and maintenance of pregnant mothers, the sums specified in subdivisions (b) and (c) of Section 11450 after subtracting all of the following amounts: (1) (A) Except as described in subparagraph (B), a 2.5-percent county share of cost. (B) If Section 1613 of Title 8 of the United States Code applies, a 5-percent county share of cost. (C) The county share described in this paragraph shall not apply to increases in maximum aid payments made in accordance with Section 11450.025. (2) Federal funds utilized for this purpose. (3) The amount allocated to each county from the Family Support Subaccount pursuant to Section 17601.75. (4) The amount allocated to each county from the Child Poverty and Family Supplemental Support Subaccount pursuant to Section 17601.50. (5) The amount allocated to each county from the CalWORKs Maintenance of Effort Subaccount pursuant to Section 17601.25. (c) After deducting federal funds available for the adequate care of each child pursuant to subdivision (d) of Section 11450, as follows: (1) Prior to the 2011–12 fiscal year, an amount equal to 40 percent of the sum necessary for the adequate care of each child. (2) Notwithstanding paragraph (1), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this subdivision shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (d) (1) Prior to the 2011–12 fiscal year for each county for the support and care of children who are eligible for financial assistance under the Adoption Assistance Program, and after deducting federal funds available, 75 percent of the nonfederal share of the amount specified in Section 16121. (2) Notwithstanding paragraph (1), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this subdivision shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2022, Ch. 967, Sec. 2. (AB 2466) Effective January 1, 2023.)
  11. 15200.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    Federal TANF block grant funds may be deposited into, and administered through, the Temporary Assistance for Needy Families Fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15200.05. (a) Federal block grant funds received for the Temporary Assistance for Needy Families program pursuant to subtitle A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) may be deposited in, and shall be administered through, the Temporary Assistance for Needy Families Fund, which is hereby created in the State Treasury. Upon authorization by the Director of Finance, special accounts may be established within this fund, and the fund may be used in accounting for any federal Temporary Assistance for Needy Families block grant funds received from the federal government after August 22, 1996. (b) A fund condition statement for the federal block grant received for the Temporary Assistance for Needy Families program shall be provided to the Department of Finance with the estimates submitted pursuant to subdivision (d) of Section 10614 whether or not the Temporary Assistance for Needy Families Fund created by this section is used for the deposit and administration of those moneys. (Amended by Stats. 2000, Ch. 108, Sec. 48. Effective July 10, 2000.)
  12. 15200.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    The director may impose sanctions and financial liability on counties under this program, and must pass certain federal sanctions through to counties; counties exceeding the standard may receive a sanction.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15200.4. (a) In administering the Aid to Families with Dependent Children program provided for under Chapter 2 (commencing with Section 11200), excluding provisions relating to foster care, the director may impose sanctions as provided by this section to assure adequate county administration performance. Fiscal sanctions may be imposed against a county only if the department has conducted, within the county, a statistically reliable and valid case sample with a confidence level of at least 95 percent. (b) The director may hold counties financially liable for aid paid to ineligible persons and aid paid to eligible persons in excess of the amount to which they are entitled as represented by a dollar error rate. There shall be established annually in the Budget Act a dollar error rate standard which shall be the basis for computing a county’s liability under this section for the two subsequent quality control review periods for which error rates are generated. Counties which exceed the standard during the sanction period may be apportioned a sanction no greater than the state share of the Aid to Families with Dependent Children program payments multiplied by the amount by which the statistical measure of the lower point estimate of their error rate exceeded the standard. (c) If a federal fiscal sanction is imposed against the state as a result of the state’s dollar error rate being above the federally established tolerance level, the director shall pass the sanction on to the counties in accordance with regulations adopted by the director which establish a method for equitable distribution of the sanction. The amount assessed to any county may be reduced or set aside if the director finds that extenuating circumstances existed and that imposition of the full sanction amount would unfairly penalize the county. (Amended by Stats. 1982, Ch. 1025, Sec. 1. Effective September 14, 1982.)
  13. 15200.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    The county must cover 100% of the nonfederal share of certain payments for eligible needy children under AFDC-FC conditions and for payments to foster parents.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15200.5. Notwithstanding the provisions of subdivision (c) of Section 15200, the county shall be responsible for 100 percent of the nonfederal share of payments to needy children eligible for AFDC-FC under the conditions of Section 11402.5, and for payments made to foster parents pursuant to Section 11410. (Amended by Stats. 2004, Ch. 845, Sec. 2. Effective September 28, 2004.)
  14. 15201.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    State money is continuously appropriated to help pay matching amounts for supplemental payments to aged, blind, or disabled persons, after subtracting certain federal amounts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15201. There is hereby continuously appropriated out of any moneys in the State Treasury not otherwise appropriated to the department for allocation to the Secretary of the Department of Health, Education and Welfare for payment of an amount equal to the amount of any grants made by the secretary as supplemental payments to aged, blind or disabled persons under the provisions of Chapter 3 (commencing with Section 12000) of this part, less amounts payable by the federal government pursuant to Section 401 of Title IV of the Social Security Act Amendments of 1972. The amendment of this section by Chapter 871 of the Statutes of 1974 does not constitute a change in, but is declaratory of, the preexisting law. (Amended by Stats. 1976, Ch. 504.)
  15. 15203.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The state must pay an amount equal to county grants for eligible blind persons, if the Budget Act provides an appropriation for it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15203. The state shall pay for an amount equal to the amount of any grant made by the county for blind persons who come within the provisions of Chapter 5 (commencing with Section 13000) of this part by any appropriation therefor in the Budget Act. (Amended by Stats. 1975, Ch. 512.)
  16. 15204.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Starting June 1, 1973, the state must pay 100% of the nonfederal share of certain grant increases, on top of its existing public assistance cost share.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.1. Commencing on June 1, 1973, the state shall pay, in addition to its share of costs of public assistance under Sections 15200 and 15203, an amount equal to 100 percent of the nonfederal share of increases in grants made pursuant to Section 11006.1 and pursuant to the amendments to Section 11450 made during the 1972 Regular Session. (Amended by Stats. 1973, Ch. 1216.)
  17. 15204.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The Director of Finance may transfer certain federal trust fund money for childcare and Title XX grant augmentation, if federal law and statutory authorization allow it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.15. To the extent permitted by federal law and upon authorization pursuant to statute, including the annual Budget Act, the Director of Finance may transfer moneys in the Federal Trust Fund derived from the federal Temporary Assistance for Needy Families block grant for augmentation of moneys received pursuant to the federal Child Care and Development Block Grant and the block grant provided for pursuant to Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397). The transfer may be made not sooner than 30 days after notification, in writing, to the chairperson of the committee in each house of the Legislature that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee or his or her designee may, in each instance, determine. (Added by Stats. 1997, Ch. 606, Sec. 48. Effective October 3, 1997.)
  18. 15204.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section directs the State Department of Social Services to estimate unspent allocation funds, develop allocation methods, provide planning allocations to counties, and work with county welfare directors; it also requires separate county allocation of stage one childcare funding starting in 2021–22.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.2. (a) It is the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide benefit payments to recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 and to provide required work activities and supportive services in order to efficiently and effectively carry out the purposes of that chapter. (b) (1) No later than 30 days after the enactment of the Budget Act of 2004, the State Department of Social Services, in consultation with the County Welfare Directors Association of California, shall estimate the amount of unspent funds appropriated in the 2003–04 fiscal year single allocation described in this section. (2) Unspent funds appropriated in the 2003–04 fiscal year single allocation, not to exceed forty million dollars ($40,000,000), shall be reappropriated to, and in augmentation of, Item 5180-101-0890 of Section 2.00 of the Budget Act of 2004. The State Department of Social Services, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology for these funds. A planning allocation, based on the estimated amount of unspent funds and the agreed upon allocation methodology, shall be provided to the counties no later than 30 days after the enactment of the Budget Act of 2004. (c) (1) No later than 30 days after the enactment of the Budget Act of 2005, the State Department of Social Services, in consultation with the County Welfare Directors Association of California, shall estimate the amount of unspent funds appropriated in the 2004-05 fiscal year single allocation described in this section. (2) Unspent funds appropriated in the 2004–05 fiscal year single allocation, not to exceed fifty million dollars ($50,000,000), shall be reappropriated to, and in augmentation of, Item 5180-101-0890 of Section 2.00 of the Budget Act of 2005. The State Department of Social Services, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology for these funds in order to partially offset the estimated savings due to the implementation of the quarterly reporting/prospective budgeting. A planning allocation, based on the estimated amount of unspent funds and the agreed upon allocation methodology, shall be provided to the counties no later than 30 days after the enactment of the Budget Act of 2005. (d) The State Department of Social Services shall work with the County Welfare Directors Association of California, to determine the effect of implementation of the quarterly reporting/prospective budgeting system on eligibility activities and evaluate the impact on administrative costs. (e) Notwithstanding subdivision (a), commencing with the 2021–22 fiscal year, and for each fiscal year thereafter, the funding provided for stage one childcare, as described in Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, shall be allocated to counties separately from the single allocation described in subdivision (a) for purposes of providing direct stage one childcare services and stage one childcare-related administration pursuant to Article 15.5 of the Education Code. (Amended by Stats. 2020, Ch. 11, Sec. 74. (AB 79) Effective June 29, 2020.)
  19. 15204.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section sets how CalWORKs and related county funds are to be allocated, and assigns several budgeting and reporting tasks to the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.3. (a) Beginning in the 2000–01 fiscal year, allocation of funds provided under Section 15204.2 shall be made, in the case of funds for benefits administration and employment services, based on projected county costs and subject to funds appropriated in the annual Budget Act for operating the CalWORKs program under Chapter 2 (commencing with Section 11200). By November 1, 1999, the department and the County Welfare Directors Association shall jointly develop the specific components of this budgeting methodology, including a process for ensuring that costs funded under the methodology are reasonable and consistent with the requirements of this chapter. It is the intent of the Legislature that limited-term housing assistance be considered as part of the cost-based allocation methodology, where appropriate. (b) Beginning in the 2002–03 fiscal year, funding in support of all components of the CalWORKs program and all state programs funded with federal Temporary Assistance for Needy Families funding shall be based on a budgeting methodology developed by the department in consultation with the counties, the California State Association of Counties, the County Welfare Directors Association, and other stakeholders, and subject to funds appropriated in the annual Budget Act for administration of the CalWORKs program under Chapter 2 (commencing with Section 11200). In developing the new methodology, the department shall consider, among other factors, the availability of state and federal funds, projected caseload, and the need for basic supportive and employment services. The department shall submit the new methodology to the policy and fiscal committees of both houses of the Legislature by November 15, 2001. (c) Beginning in the 2002–03 fiscal year, any adjustments to the county CalWORKs single allocations, determined pursuant to Section 15204.2, for funding overlaps pertaining to both United States Department of Labor Welfare-to-Work Grant funds and state matching funds, shall reflect the most recent available data regarding the expenditures of those funds that offset the funds that counties would have otherwise spent from the CalWORKs single allocations. (d) In the 1997–98 fiscal year, additional funds for welfare-to-work administration above GAIN allocation in the 1996–97 fiscal year shall be distributed among the counties with two-thirds allocated to all counties based on each county’s share of adults aided under Chapter 2 (commencing with Section 11200). The remaining one-third shall be allocated among only those counties that in the prior year received an allocation per average aided adult at a level less than the statewide average, and shall be distributed among those counties so that they each receive the same overall allocation per average aided adult for welfare-to-work administration. (e) For purposes of this section, and subject to funds appropriated in the annual Budget Act, no county shall receive less for employment services than what was received in the 1997–98 fiscal year allocation for welfare-to-work administration unless a county projects that its cost will be less than its 1997–98 fiscal year allocation for employment services. (f) (1) In the 2001–02 fiscal year, the sum of three million five hundred eighty-seven thousand dollars ($3,587,000) in state matching funds for federal welfare-to-work block grant funds appropriated by Item 5180-101-0001 of the Budget Act of 2001 is for the purpose specified in paragraph (3). (2) (A) No later than 30 days after the receipt of fourth-quarter claims submitted by counties in accordance with this section, the department shall determine the amount of unspent funds appropriated for the 2000–01 fiscal year for the CalWORKs single allocation and the CalWORKs mental health and substance abuse allocations. The department shall also determine the amount of those funds that were appropriated from the General Fund and the amount that was appropriated from the Federal Trust Fund. (B) The amount determined pursuant to subparagraph (A) to have been appropriated from the General Fund shall be reappropriated to Item 5180-101-0001 of the Budget Act of 2001. (C) The amount determined pursuant to subparagraph (A) to have been appropriated from the Federal Trust Fund shall be reappropriated to Item 5180-101-0890 of the Budget Act of 2001. (3) No later than 60 days after the receipt of fourth-quarter claims, all funds appropriated to Item 5180-101-0001 and Item 5180-101-0890 of the Budget Act of 2001 pursuant to this subdivision shall be allocated to the counties that are under equity with respect to the single allocation (excluding child care and Cal-Learn) for the 2001–02 fiscal year, according to a methodology developed by the department, in consultation with the County Welfare Directors Association. (g) For the 2002–03 fiscal year only, the single allocation made pursuant to Section 15204.2 shall include an adjustment in the amount of one hundred twenty-eight million dollars ($128,000,000), from funds appropriated in Item 5180-101-0890, Schedule 16.30 (b) of Section 2.00 of the Budget Act of 2002. The appropriated funds shall be allocated to counties for the 2002–03 fiscal year according to a methodology determined by the department in consultation with the County Welfare Directors Association. (Amended by Stats. 2002, Ch. 1022, Sec. 50. Effective September 28, 2002.)
  20. 15204.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The State Department of Social Services must work with county agencies and related groups to develop CalWORKs budget methodology recommendations, consult specified stakeholders, and meet set deadlines and staffing-hour targets.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.35. (a) The State Department of Social Services shall work with representatives of county human services agencies and the County Welfare Directors Association of California to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget. As part of the process of developing these recommendations, the department shall consult with legislative staff, advocate representatives, and labor organizations that represent county workers. (b) (1) Recommendations for initial changes to the methodology for development of the CalWORKs single allocation for the 2018–19 fiscal year shall be made to the Legislature by January 10, 2018. (2) Recommendations for additional changes to the methodology for the 2019–20 and subsequent fiscal years shall be made to the Legislature by October 1, 2018. (c) The State Department of Social Services shall work with representatives of county human services agencies and the County Welfare Directors Association of California for purposes of continuing to develop the casework metrics used for the budgeting of funding for employment services in the CalWORKs single allocation and to develop the budgeting methodology for welfare-to-work direct services during the 2019–20 fiscal year. As part of the process of developing this budgeting methodology, the department shall consult with legislative staff, advocate representatives, and labor organizations that represent county workers. (d) The number of hours per case per month of case work time budgeted for intensive cases as defined pursuant to the budget methodology changes for the employment services component of the CalWORKs single allocation developed pursuant to this section shall be incrementally increased for each of the 2021–22 and 2022–23 fiscal years. Effective July 1, 2024, the number of hours per case per month of case work time budgeted for intensive cases shall be maintained at a minimum of 8.75 hours. Subject to an appropriation by the Legislature, the number of hours per case per month of case time budgeted for intensive cases shall be increased to no more than 10 hours. (e) The State Department of Social Services, in consultation with representatives of county human services agencies and the County Welfare Directors Association of California, shall reconsider the costs of county operations for county administrative costs in the CalWORKs single allocation for the 2024–25 fiscal year, the 2028–29 fiscal year, and every third fiscal year thereafter. The State Department of Social Services shall provide information to the legislative budget committees regarding this reconsideration and how it may impact county administrative costs as part of the budget proposed by either January 10 or May 14 of any year prior to the fiscal year for which this provision applies. (f) In implementing this section, the department shall consult with legislative staff, representatives of county human services agencies and the County Welfare Directors Association of California, advocate representatives, and labor organizations that represent county workers. (Amended by Stats. 2026, Ch. 26, Sec. 26. (AB 152) Effective June 29, 2026.)
  21. 15204.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    Counties must spend their own funds to administer needy-family programs and keep spending at least at the 1996–97 level when combined with certain CalFresh administration funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.4. In addition to the funds received under Section 15204.2, counties shall be required to expend money from their own funds, either from the county’s general fund or from the social services account of the county health and welfare trust fund to support administration of programs providing services to needy families. Each county shall expend an amount for these programs that, when combined with funds expended under Section 18906.5 for administration of CalFresh, equals or exceeds the amount spent by that county for corresponding activities during the 1996–97 fiscal year. Failure to meet this required level of spending shall result in a proportionate reduction of the funds provided under Section 15204.2. In those cases the Director of Social Services shall report to the Legislature within 30 days his or her findings relative to the ability of the county, with reduced funds, to meet its obligations in administering the affected programs. The report shall include any relevant information related to the performance of the county. (Amended by Stats. 2011, Ch. 227, Sec. 64. (AB 1400) Effective January 1, 2012.)
  22. 15204.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    The department must run a county administrative cost control plan, counties must follow its standards, and the department may not use state funds to cover county overruns caused by failure to meet the plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.5. The department shall establish and maintain a plan whereby costs for county administration of the payment of aid grants under this part will be effectively controlled within the amounts annually appropriated for such administration. The plan, to be known as the County Administrative Cost Control Plan, shall establish standards and performance criteria, including workload, productivity and support services standards, to which counties shall adhere. The plan shall be part of a single state plan, jointly developed by the department and the State Department of Health Care Services, in conjunction with the counties, for administrative cost control for the Aid to Families with Dependent Children (AFDC), CalFresh, and Medical Assistance (Medi-Cal) programs. Allocations shall be made to each county and shall be limited by and determined based upon the County Administrative Cost Control Plan. In administering the plan to control county administrative costs, the department shall not allocate state funds to cover county cost overruns which result from county failure to meet requirements of the plan. The department and the State Department of Health Care Services shall budget, administer, and allocate state funds for county administration in a uniform and a consistent manner. (Amended by Stats. 2011, Ch. 227, Sec. 65. (AB 1400) Effective January 1, 2012.)
  23. 15204.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

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    The department must run the Pay for Performance Program subject to appropriations, consult stakeholders when setting standards, and publish county outcomes. Counties can earn incentive funding if they meet performance measures, but payments are limited by available appropriations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.6. (a) Contingent upon a Budget Act appropriation, a Pay for Performance Program shall provide additional funding for counties that meet the standards developed according to subdivision (c) in their welfare-to-work programs under Article 3.2 (commencing with Section 11320) of Chapter 2. The state shall have no obligation to pay incentives earned that exceed the funds appropriated for the year in which the incentives were earned. (b) To the extent that funds are appropriated, the maximum total funds available to each county each year under the Pay for Performance Program shall be 5 percent of the funds the county receives that year, less the amount for child care, from the single allocation under Section 15204.2. If funds appropriated for this section are less than the incentives earned under this subdivision, each county’s allocation under this section shall be prorated based on the amount of funds appropriated for that year. (c) The funds available to each county under the Pay for Performance Program shall be divided each year into as many equal parts as there are measures established for the year under this subdivision. A county shall earn payment of one equal part for each improvement standard that it achieves for the year or by ranking in the top 20 percent of all counties in a measure identified in paragraphs (1), (2), (3), (4), and (5), except as provided in subparagraph (B) of paragraph (4). Counties may receive a pro rata share of incentive funds for each improvement standard. The department shall consult with the County Welfare Directors Association, legislative staff, and other stakeholders, when developing improvement standards and the methodology for earning and distributing incentives for each of the following measures: (1) The employment rate of county CalWORKs cases. (2) The federal participation rates of county CalWORKs cases, calculated in accordance with Section 607 of Title 42 of the United States Code, but excluding individuals who are exempt in accordance with Section 11320.3 and including sanctioned cases and cases participating in activities described in subdivision (q) of Section 11322.6. If valid data does not exist to measure this outcome, the funds for this measure shall be made available for the Pay for Performance Program in the following fiscal year. (3) The percentage of county CalWORKs cases that have earned income three months after ceasing to receive assistance under Section 11450. (4) (A) The percentage of county CalWORKs cases, including cases that have ceased receiving assistance in the previous two quarters, with earned income that equals or exceeds the income level for the maximum EITC amount available to a household, as determined under Section 22 of the Internal Revenue Code. (B) This paragraph shall only become operative if the department, in consultation with the County Welfare Directors Association, legislative staff, and other stakeholders, determines that implementing its provisions will not create a substantial risk of California failing to meet federal welfare-to-work participation goals, and shall remain operative for so long as the department does not reverse that determination. (5) Any additional measures that the department may establish in consultation with the County Welfare Directors Association, legislative staff, and other stakeholders. (d) Performance measures, standards, outcomes, and payments to counties under subdivisions (a), (b), and (c) shall be based on the following schedule: (1) For the performance measure described in paragraph (2) of subdivision (c), payments in fiscal year 2007–08 shall be based on outcomes for the period of July 1, 2006, through December 31, 2006, compared to outcomes for the period of January 1, 2007, through June 30, 2007, and payments in each subsequent fiscal year shall be based on outcomes for the fiscal year prior to payment, compared to outcomes for the fiscal year two years prior to payment. (2) For all other performance measures, payments shall be based on outcomes for the fiscal year prior to payment, compared to outcomes for the fiscal year two years prior to payment. (e) The department may make further adjustments to any of the performance measures listed under subdivision (c), in consultation with the County Welfare Directors Association, legislative staff, and other stakeholders. The act that both amends subdivision (c) and enacts this sentence in the 2007–08 Regular Session of the Legislature shall not limit the department’s authority under this subdivision. (f) The funds paid in accordance with this section may only be used in accordance with subdivisions (f) and (g) of Section 10544.1 and only for the purpose of enhancing family self-sufficiency. Funds earned by a county in accordance with this section shall be available for expenditure in the fiscal year that they are received and the following two fiscal years. Following the period of availability, and notwithstanding any provisions of subdivision (f) of Section 10544.1 to the contrary, any unspent balance shall revert to the Temporary Assistance for Needy Families (TANF) block grant. (g) Any funds appropriated by the Legislature for the Pay for Performance Program, but not earned by a county, shall revert to the TANF block grant at the end of the fiscal year for which the funds were appropriated. (h) The department shall periodically publish the outcomes measured by the Pay for Performance Program, identified by county. (i) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section through all-county letters throughout the duration of the Pay for Performance Program. (Amended by Stats. 2007, Ch. 622, Sec. 6. Effective January 1, 2008.)
  24. 15204.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The Legislature may appropriate annual funds for certain services, and counties must receive, use, report on, and sometimes retain or move those funds under specified conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.8. (a) The Legislature may appropriate annually in the Budget Act funds to support services provided pursuant to Sections 11325.7 and 11325.8. (b) Funds appropriated pursuant to subdivision (a) shall be allocated to the counties separately and shall be available for expenditure by the counties for services provided during the budget year. A county may move funds between the two accounts during the budget year for expenditure if necessary to meet the particular circumstances in the county. Any unexpended funds may be retained by each county for expenditure for the same purposes during the succeeding fiscal year. By November 20, 1998, each county shall report to the department on the use of these funds. (c) Beginning January 10, 1999, the Department of Finance shall report annually to the Legislature on the extent to which funds available under subdivision (a) have not been spent and may reallocate the unexpended balances so as to better meet the need for services. (d) No later than September 1, 2001, the department in consultation with relevant stakeholders, which may include the County Welfare Directors Association and the County Behavioral Health Directors Association of California, shall develop the allocation methodology for these funds, including the specific components to be considered in allocating the funds. (Amended by Stats. 2015, Ch. 455, Sec. 61. (SB 804) Effective January 1, 2016.)
  25. 15204.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Before the 2011–12 fiscal year, the state must pay 70% of certain nonfederal administrative costs. Starting in the 2011–12 fiscal year, funding and expenditures under this section must follow specified Government Code requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15204.9. (a) Prior to the 2011–12 fiscal year, the state shall pay 70 percent of the nonfederal administrative costs of administering the Aid to Families with Dependent Children Foster Care program under Article 5 (commencing with Section 11400) of Chapter 2. (b) Notwithstanding subdivision (a), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 101. (SB 1013) Effective June 27, 2012.)
  26. 15205.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section requires certain county appropriation amounts to be deducted and transferred to the Department of Rehabilitation for vocational rehabilitation services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15205. Notwithstanding the other provisions of this article, there shall be deducted from the moneys appropriated to each county under this article a sum equal to the state and county shares of the public assistance grant that would otherwise be payable each month for each person transferred by the department to the Department of Rehabilitation for vocational rehabilitation pursuant to an agreement under Section 10652. In the case of a member or members of a family unit receiving aid to families with dependent children, the sum to be deducted and transferred shall be equal to the state and county shares of the public assistance grant on behalf of the family. Such sum shall be transferred in the Budget Act to the Department of Rehabilitation and used to provide vocational rehabilitation services for such persons as provided in Section 10652. (Added by Stats. 1968, Ch. 1369.)
  27. 15206.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department may establish administrative support positions needed to carry out Chapter 924 of the Statutes of 1975, and those positions are funded 75% federally and 25% by the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15206. The department is hereby authorized to establish those administrative support positions necessary to carry out the provisions of Chapter 924 of the Statutes of 1975. These positions shall be 75 percent federally funded and 25 percent state funded. (Added by Stats. 1976, Ch. 504.)
  28. 15207.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The county must estimate October social security increases and use that estimate when deciding eligibility for and the amount of the October 1, 1972 grant.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Financial Provisions [15000 - 15207] ( Chapter 9 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 5. Appropriations for Public Assistance [15200 - 15207] ( Article 5 added by Stats. 1965, Ch. 1784. ) ## 15207. The county shall estimate the social security increases for the month of October and such estimated increase shall be taken into consideration in determining eligibility for and the amount of the October 1, 1972, grant for recipients of aid under Chapter 5 (commencing with Section 13000) of Part 3 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1976, Ch. 504.)
  29. 153.

    ## Welfare and Institutions Code - WIC ## DIVISION 1. ADMINISTRATION OF WELFARE AND INSTITUTIONS [148 - 153] ( Division 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Unattended Collection Boxes [150 - 153] ( Chapter 2 added by Stats. 2010, Ch. 75, Sec. 1. )

    Verify source ↗

    This chapter does not reduce the Department of Justice’s existing authority over charitable fundraising, and it does not limit local governments’ power to add requirements for solicitation and sale of salvageable personal property in their jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 1. ADMINISTRATION OF WELFARE AND INSTITUTIONS [148 - 153] ( Division 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Unattended Collection Boxes [150 - 153] ( Chapter 2 added by Stats. 2010, Ch. 75, Sec. 1. ) ## 153. Nothing in this chapter shall be construed to do either of the following: (a) Supersede or in any way limit existing authority of the Department of Justice over fundraising for charitable purposes. (b) Limit or infringe upon the powers of a city, county, or city and county to impose additional requirements upon the solicitation and sale of salvageable personal property within its jurisdiction. (Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.)
  30. 15300.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 1. General Provisions [15300 - 15301] ( Article 1 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    The Legislature states that many elderly people prefer to stay at home and that supportive, mostly nonmedical services can help them do so.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 1. General Provisions [15300 - 15301] ( Article 1 added by Stats. 1974, Ch. 992. ) ## 15300. The Legislature finds that: (a) Elderly persons, like any other persons, prefer to remain in their own homes rather than in dependent living situations, including long-term care facilities. (b) Many elderly persons, with a minimal to moderate amount of supportive services, mainly nonmedical in character, could maintain themselves at home; others, with slightly more support and perhaps day care supervision, could remain in independent living situations or homes of relatives or friends. Yet it is just this nonmedical, nontechnical level of supportive services that is largely unavailable to the vast majority of old persons. (c) Most elderly persons living on fixed incomes cannot afford private help or the cost of home health or homemaker agencies; elderly low-income public assistance recipients can receive such care only in limited circumstances under welfare cash grant attendant care or homemaker programs. (d) Supportive personal and social care in many cases enables the elderly to maintain a state of health that decreases or postpones the need for health care. (e) Reducing or postponing the need for health care is not only beneficial to the elderly individual’s general welfare but also results in economic savings both to the individual, his or her family, and the people of California in cases where the elderly person is also a recipient of public assistance or potentially in need of public funds through cash grants, Medi-Cal, or use of state or county facilities. (f) Titles XVIII and XIX of the Social Security Act are largely concerned with crisis or short-term care; there are no adequate programs, public or private, which financially assist the elderly person to maintain his independence, health and mobility at home. (Added by Stats. 1974, Ch. 992.)
  31. 15301.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 1. General Provisions [15300 - 15301] ( Article 1 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    This section says the chapter’s purpose is to run two model supportive care projects as an experimental pilot project supervised by the State Department of Aging.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 1. General Provisions [15300 - 15301] ( Article 1 added by Stats. 1974, Ch. 992. ) ## 15301. The purpose of this chapter is to use on an experimental pilot project basis, two model supportive care projects supervised by the State Department of Aging. (Amended by Stats. 1979, Ch. 373.)
  32. 15325.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 2. Definitions [15325- 15325.] ( Article 2 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    This section defines key terms for the chapter, including “Project,” “Office,” and “Elderly persons.”

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 2. Definitions [15325- 15325.] ( Article 2 added by Stats. 1974, Ch. 992. ) ## 15325. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Project” means a model supportive services project supervised by the State Department of Aging. (b) “Office” means the State Department of Aging. (c) “Elderly persons” means persons aged 60 and over. (Amended by Stats. 1979, Ch. 373.)
  33. 15350.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 3. Scope of Services [15350 - 15352] ( Article 3 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Projects must clearly describe the scope and nature of services offered to participants, and those services may include the listed support services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 3. Scope of Services [15350 - 15352] ( Article 3 added by Stats. 1974, Ch. 992. ) ## 15350. The projects shall specifically delineate the scope and nature of services to be offered to participants. Services shall include: (a) Assistance with shopping. (b) Assistance with meal preparation. (c) Assistance with laundry. (d) Assistance with home upkeep and management. (e) Help with personal care and dressing. (f) Transportation to any offered services not available at the participant’s home. (g) Counseling and information and referral services on financial, relocation, legal and other matters. (h) Geriatric diagnostic health clinics at specified and limited places and times. (i) A coordinating service for emergency and crisis intervention. (j) Limited medical services, plus emergency medicine. (k) Physical therapy (planned functional restitution). (l) Social services. (m) A hot meal per day. (n) Social activities. (Added by Stats. 1974, Ch. 992.)
  34. 15351.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 3. Scope of Services [15350 - 15352] ( Article 3 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Projects may offer day care centers with necessary meals, personal care, and therapeutic activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 3. Scope of Services [15350 - 15352] ( Article 3 added by Stats. 1974, Ch. 992. ) ## 15351. Projects may offer day care centers providing necessary meals, personal care and therapeutic activities. (Added by Stats. 1974, Ch. 992.)
  35. 15352.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 3. Scope of Services [15350 - 15352] ( Article 3 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Supportive care organization services must be available when needed, and need decisions are made jointly by participants and project staff.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 3. Scope of Services [15350 - 15352] ( Article 3 added by Stats. 1974, Ch. 992. ) ## 15352. Supportive care organization services shall be made available as needed. “Need” determinations shall be made jointly by the participants and project’s staff. Any disagreements shall be appealable. (Added by Stats. 1974, Ch. 992.)
  36. 15375.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 4. Eligibility and Enrollment [15375 - 15377] ( Article 4 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Projects must set eligibility criteria so they include both short-term and long-term participants, and priorities must be fully explained before contracting with the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 4. Eligibility and Enrollment [15375 - 15377] ( Article 4 added by Stats. 1974, Ch. 992. ) ## 15375. Projects shall establish eligibility criteria in order that a mix is obtained which will include both short-term and long-term participants who will make maximum use of the projects’ resources. Priorities must be explained in full prior to contracting with the department and may be modified by the project, with departmental approval. (Amended by Stats. 1979, Ch. 373.)
  37. 15376.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 4. Eligibility and Enrollment [15375 - 15377] ( Article 4 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Participants must be charged using a sliding fee scale related to ability to pay, projects should give priority to low-income elderly persons, and the department must develop fee guidelines and seek waivers for Medicare and Medicaid funding.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 4. Eligibility and Enrollment [15375 - 15377] ( Article 4 added by Stats. 1974, Ch. 992. ) ## 15376. Participants shall be charged on a sliding-fee scale basis which is reasonably related to ability to pay. An effort shall be made by the projects to give priority to low-income elderly persons. The department shall develop guidelines regarding the fees for service. The department shall make every effort to obtain necessary waivers for use of Medicare and Medicaid funds for services offered by the projects. The purposes of obtaining such waivers is to provide for the type of care specified in Sections 15350 and 15351, in addition to and not in lieu of any existing benefits currently available under the Medicare and Medicaid programs. (Amended by Stats. 1979, Ch. 373.)
  38. 15377.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 4. Eligibility and Enrollment [15375 - 15377] ( Article 4 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    No copayment charges may be imposed on Medi-Cal enrollees.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 4. Eligibility and Enrollment [15375 - 15377] ( Article 4 added by Stats. 1974, Ch. 992. ) ## 15377. No copayment charges shall be imposed upon Medi-Cal enrollees. (Added by Stats. 1974, Ch. 992.)
  39. 15400.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    A supportive care organization must try to employ qualified people over age 40 when they are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15400. The supportive care organization shall make a concerted effort to employ persons over the age of 40 when such qualified personnel are available. (Added by Stats. 1974, Ch. 992.)
  40. 15401.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    The project must provide each participant with a single standard record and work with subcontractors and providers of noncovered services to keep a complete unit record.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15401. The project shall provide a single standard record for each participant, and shall cooperate with subcontractors and providers of noncovered services to maintain a complete unit record for each participant. (Added by Stats. 1974, Ch. 992.)
  41. 15402.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Projects must provide the department and participants with required statistical information from their basic data system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15402. The projects shall provide to the department and to the participants such statistical information regarding utilization of services, age and sex, specific mortality and morbidity rates, patient discomfort, patient disability, patient satisfaction, services supplied, quality of care, manpower resources, and class of health care and administration, compiled from its basic data system, as the department may require. (Amended by Stats. 1979, Ch. 373.)
  42. 15403.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

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    Projects must establish procedures to continuously review service utilization and costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15403. The projects shall establish procedures for continuous review of utilization and cost of services. (Added by Stats. 1974, Ch. 992.)
  43. 15404.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    A supportive care project must not use false advertising or coercion to induce enrollment, and participation is voluntary.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15404. Participation in a supportive care project plan shall be voluntary and the project shall not use false advertising or any other form of coercion to induce enrollment. Failure to comply with this section will constitute a substantial breach of contract. (Added by Stats. 1974, Ch. 992.)
  44. 15405.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    The project must establish a participant grievance procedure, and it must hear and act on complaints submitted through that procedure.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15405. A participant grievance procedure must be established by the project through which an aggrieved participant may submit his complaint to the project which will hear and take action on the complaint. (Added by Stats. 1974, Ch. 992.)
  45. 15406.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    If a participant is dissatisfied with a project’s grievance decision, the participant may appeal to the department, which must issue a written determination within 30 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 5. Administration [15400 - 15406] ( Article 5 added by Stats. 1974, Ch. 992. ) ## 15406. If the participant is not satisfied with the project’s disposition of his grievance, he may appeal the project’s decision to the department. The department shall make a written determination within 30 days. Findings and recommendations of the department shall be binding upon the project. (Amended by Stats. 1979, Ch. 373.)
  46. 15450.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 6. Implementation and Evaluation [15450 - 15451] ( Article 6 added by Stats. 1974, Ch. 992. )

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    The department must request any waivers needed to use specified federal health care funds for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 6. Implementation and Evaluation [15450 - 15451] ( Article 6 added by Stats. 1974, Ch. 992. ) ## 15450. The department shall request such waivers as are necessary for the use of health care moneys provided under Titles XVIII and XIX of the Social Security Act from the Department of Health, Education and Welfare for the purposes of this chapter. (Amended by Stats. 1979, Ch. 373.)
  47. 15451.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 6. Implementation and Evaluation [15450 - 15451] ( Article 6 added by Stats. 1974, Ch. 992. )

    Verify source ↗

    Only federal funds may be used for the purposes of this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9.5. Supportive Care Organizations [15300 - 15451] ( Chapter 9.5 added by Stats. 1974, Ch. 992. ) ## ARTICLE 6. Implementation and Evaluation [15450 - 15451] ( Article 6 added by Stats. 1974, Ch. 992. ) ## 15451. Only federal funds may be used for the purposes of this chapter. (Added by Stats. 1974, Ch. 992.)
  48. 15500.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. )

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    The definitions in this article control how this chapter is read, unless the context requires otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. ) ## 15500. Unless the context otherwise requires the definitions set forth in this article govern the construction of this chapter. (Added by Stats. 1970, Ch. 1195.)
  49. 15501.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. )

    Verify source ↗

    “Supplemental food” is defined as USDA commodities made available for people in low-income groups vulnerable to malnutrition.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. ) ## 15501. “Supplemental food” means commodities specifically made available by the United States Department of Agriculture for persons in low-income groups vulnerable to malnutrition. (Added by Stats. 1970, Ch. 1195.)
  50. 15502.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. )

    Verify source ↗

    This section defines “groups vulnerable to malnutrition.”

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. ) ## 15502. “Groups vulnerable to malnutrition” means women during and for 12 months after pregnancy, infants through 12 months, and preschool children 1 year through 5 years. (Added by Stats. 1970, Ch. 1195.)
  51. 15503.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. )

    Verify source ↗

    This section says who counts as a person from a low-income group for this program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. ) ## 15503. Persons from low-income groups include the following: (a) Persons receiving medical assistance under Chapter 7 (commencing with Section 14000) of this part. (b) Persons qualified to receive free health care or health care that is substantially free provided by the Office of Economic Opportunity’s Neighborhood Health Center Program or state, county, or local public health services. (c) Persons eligible for treatment, correction of defects, or aftercare in the children and youth projects of the Department of Health, Education, and Welfare. (d) Indians receiving free medical and health care from the Division of Indian Health, United States Public Health Service. (Added by Stats. 1970, Ch. 1195.)
  52. 15504.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. )

    Verify source ↗

    Public social services includes the supplemental food program in this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 1. General Provisions [15500 - 15504] ( Article 1 added by Stats. 1970, Ch. 1195. ) ## 15504. Public social services as defined in Section 10051 also includes the supplemental food program provided in this chapter. (Added by Stats. 1970, Ch. 1195.)
  53. 15510.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. )

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    The director must administer this chapter and adopt any rules and regulations needed to carry it out.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. ) ## 15510. The director shall administer the provisions of this chapter and shall adopt such rules and regulations as are necessary to carry out the provisions of this chapter. (Amended by Stats. 1977, Ch. 1252.)
  54. 15511.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. )

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    The county welfare department must carry out this chapter’s local administrative responsibilities, under the department’s supervision and rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. ) ## 15511. The county welfare department shall carry out the local administrative responsibilities of this chapter, subject to the supervision of the department and to rules and regulations adopted by the department. (Added by Stats. 1970, Ch. 1195.)
  55. 15512.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. )

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    An application for supplemental food must be made to the county welfare agency, and that agency determines program eligibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. ) ## 15512. Application for supplemental food shall be made to the county welfare agency who shall determine program eligibility. (Added by Stats. 1970, Ch. 1195.)
  56. 15513.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. )

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    The county welfare department must contract with the local health department to assess eligible persons’ nutrient needs for supplemental food, and the local health department must issue prescriptions for the food in needed amounts and varieties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. ) ## 15513. The county welfare department shall contract with the local health department to determine the need of eligible persons for the nutrients in supplemental food and the local health department shall issue prescriptions for such food in specified amounts and varieties judged necessary for such persons health. (Added by Stats. 1970, Ch. 1195.)
  57. 15514.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. )

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    The California State Education Agency for Surplus Property must procure, store, handle, and dispose of supplemental food under the department’s rules and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 2. Administration [15510 - 15514] ( Article 2 added by Stats. 1970, Ch. 1195. ) ## 15514. The California State Education Agency for Surplus Property shall procure, store, handle, and dispose of supplemental food under rules and regulations of the department established pursuant to this chapter. (Added by Stats. 1970, Ch. 1195.)
  58. 15520.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 3. Fiscal Provisions [15520- 15520.] ( Article 3 added by Stats. 1970, Ch. 1195. )

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    The department must pay the nonfederal share of administering the program under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Supplemental Food Program [15500 - 15520] ( Chapter 10 added by Stats. 1970, Ch. 1195. ) ## ARTICLE 3. Fiscal Provisions [15520- 15520.] ( Article 3 added by Stats. 1970, Ch. 1195. ) ## 15520. The department shall pay the nonfederal share of the administration of program pursuant to this chapter. (Added by Stats. 1970, Ch. 1195.)
  59. 15525.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10.1. Work Incentive Nutritional Supplement [15525- 15525.] ( Chapter 10.1 added by Stats. 2008, Ch. 759, Sec. 36. )

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    The department must establish the WINS program, counties must provide a $10 monthly food benefit to each eligible CalFresh household, and the state must pay counties the full cost.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10.1. Work Incentive Nutritional Supplement [15525- 15525.] ( Chapter 10.1 added by Stats. 2008, Ch. 759, Sec. 36. ) ## 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. (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. The department may provide for individual county phase-in of this section to allow for the orderly implementation based upon standards established by the department, 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 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. (Amended by Stats. 2019, Ch. 27, Sec. 100. (SB 80) Effective June 27, 2019.)
  60. 15600.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [15600 - 15601] ( Article 1 added by Stats. 1982, Ch. 1184, Sec. 3. )

    Verify source ↗

    This section states that California will protect elders and dependent adults, and that protective services, ombudsman, and law enforcement agencies must receive reports and take necessary actions to protect safety.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [15600 - 15601] ( Article 1 added by Stats. 1982, Ch. 1184, Sec. 3. ) ## 15600. (a) The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons. (b) The Legislature further recognizes that a significant number of these persons are elderly. The Legislature desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment. (c) The Legislature further recognizes that a significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection. (d) The Legislature recognizes that most elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position. (e) The Legislature further recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. (f) The Legislature declares that this state shall foster and promote community services for the economic, social, and personal well-being of its citizens in order to protect those persons described in this section. (g) The Legislature further declares that uniform state guidelines, which specify when county adult protective service agencies are to investigate allegations of abuse of elders and dependent adults and the appropriate role of local law enforcement is necessary in order to ensure that a minimum level of protection is provided to elders and dependent adults in each county. (h) The Legislature further finds and declares that infirm elderly persons and dependent adults are a disadvantaged class, that cases of abuse of these persons are seldom prosecuted as criminal matters, and few civil cases are brought in connection with this abuse due to problems of proof, court delays, and the lack of incentives to prosecute these suits. (i) Therefore, it is the intent of the Legislature in enacting this chapter to provide that adult protective services agencies, local long-term care ombudsman programs, and local law enforcement agencies shall receive referrals or complaints from public or private agencies, from any mandated reporter submitting reports pursuant to Section 15630, or from any other source having reasonable cause to know that the welfare of an elder or dependent adult is endangered, and shall take any actions considered necessary to protect the elder or dependent adult and correct the situation and ensure the individual’s safety. (j) It is the further intent of the Legislature in adding Article 8.5 (commencing with Section 15657) to this chapter to enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults. (Amended by Stats. 1994, Ch. 594, Sec. 1. Effective January 1, 1995.)
  61. 15601.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [15600 - 15601] ( Article 1 added by Stats. 1982, Ch. 1184, Sec. 3. )

    Verify source ↗

    This section states that certain professionals and agency employees are to report known or suspected elder or dependent adult abuse, and that people who report suspected abuse are to be protected if they do not act maliciously.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 1. Legislative Findings and Intent [15600 - 15601] ( Article 1 added by Stats. 1982, Ch. 1184, Sec. 3. ) ## 15601. The purposes of this act are to: (a) Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults and to encourage community members in general to do so. (b) Collect information on the numbers of abuse victims, circumstances surrounding the act of abuse, and other data which will aid the state in establishing adequate services to aid all victims of abuse in a timely, compassionate manner. (c) Provide for protection under the law for all those persons who report suspected cases of abuse, provided that the report is not made with malicious intent. (Amended by Stats. 2002, Ch. 54, Sec. 1. Effective January 1, 2003.)
  62. 15610.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the context requires otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610. The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise. (Repealed and added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  63. 15610.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    The Legislature states findings and intent about strengthening adult protective services for older adults and vulnerable adults.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.02. (a) The Legislature finds and declares all of the following: (1) The adult protective services program (program), established by the Legislature as a statewide program in 1998, is a critical component of the state’s safety net for vulnerable adults. (2) The population served by the county-run, state-overseen program has grown and changed significantly since the program’s inception and will continue to do so at a rapid pace, given the increasing number of older adults in California. California’s over-65 years of age population is expected to be 87 percent higher in 2030 than in 2012, an increase of more than 4,000,000 people. The population over 85 years of age will increase at an even faster rate, with 489 percent growth between 2010 and 2060. (3) The increasing population of older adults often has more complex needs, including persons with cognitive impairments and a growing number of those experiencing homelessness. Research indicates that approximately 50 percent of homeless individuals are over 50 years of age, and one-half of those individuals became homeless after 50 years of age. (b) In order to address the safety and well-being of the growing number of diverse older adults who will need adult protective services, it is the intent of the Legislature to enhance the program in a number of ways, including enabling the program to provide longer term case management for those with more complex cases, expanding and making more flexible the Home Safe Program to aid clients facing homelessness, and encouraging the use of collaborative, multidisciplinary best practices across the state, including financial abuse specialist teams and forensic centers. It is further the intent of the Legislature to expand the age of clients served under the program in order to intervene earlier with aging adults before their situations reach a crisis point. (Added by Stats. 2021, Ch. 85, Sec. 62. (AB 135) Effective July 16, 2021.)
  64. 15610.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “abandonment” as deserting or willfully forsaking an elder or dependent adult when a person has care or custody and a reasonable person would continue providing care.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.05. “Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  65. 15610.06.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “abduction” for elder and dependent adult protection law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.06. “Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court. (Added by Stats. 1997, Ch. 663, Sec. 2. Effective January 1, 1998.)
  66. 15610.07.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “abuse of an elder or a dependent adult” to include physical abuse, neglect, abandonment, isolation, abduction, harmful treatment, deprivation of necessary goods or services by a care custodian, and financial abuse.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.07. (a) “Abuse of an elder or a dependent adult” means any of the following: (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (3) Financial abuse, as defined in Section 15610.30. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 285, Sec. 2. (SB 196) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  67. 15610.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    ‘Adult protective services’ means activities performed for elders and dependent adults who have come to the attention of the agency because of potential abuse or neglect.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.10. “Adult protective services” means those activities performed on behalf of elders and dependent adults who have come to the attention of the adult protective services agency due to potential abuse or neglect. (Amended by Stats. 2021, Ch. 85, Sec. 63. (AB 135) Effective July 16, 2021.)
  68. 15610.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “adult protective services agency” as a county welfare department, with an exception for certain staff who do not work directly with elders or dependent adults.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.13. “Adult protective services agency” means a county welfare department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  69. 15610.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    “Division” means the Division of Medi-Cal Fraud and Elder Abuse within the office of the Attorney General.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.15. “Division” means the Division of Medi-Cal Fraud and Elder Abuse within the office of the Attorney General. (Amended by Stats. 2021, Ch. 554, Sec. 13. (SB 823) Effective January 1, 2022.)
  70. 15610.17.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “care custodian” for this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.17. “Care custodian” means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff: (a) Twenty-four-hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (b) Clinics. (c) Home health agencies. (d) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support services. (e) Adult day health care centers and adult day care. (f) Secondary schools that serve 18- to 22-year-old dependent adults and postsecondary educational institutions that serve dependent adults or elders. (g) Independent living centers. (h) Camps. (i) Alzheimer’s Disease day care resource centers. (j) Community care facilities, as defined in Section 1502 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code. (k) Respite care facilities. (l) Foster homes. (m) Vocational rehabilitation facilities and work activity centers. (n) Designated area agencies on aging. (o) Regional centers for persons with developmental disabilities. (p) State Department of Social Services and State Department of Health Services licensing divisions. (q) County welfare departments. (r) Offices of patients’ rights advocates and clients’ rights advocates, including attorneys. (s) The office of the long-term care ombudsman. (t) Offices of public conservators, public guardians, and court investigators. (u) Any protection or advocacy agency or entity that is designated by the Governor to fulfill the requirements and assurances of the following: (1) The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental disabilities. (2) The Protection and Advocacy for the Mentally Ill Individuals Act of 1986, as amended, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with mental illness. (v) Humane societies and animal control agencies. (w) Fire departments. (x) Offices of environmental health and building code enforcement. (y) Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services to elders or dependent adults. (Amended by Stats. 2002, Ch. 54, Sec. 2. Effective January 1, 2003.)
  71. 15610.19.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “clergy member” and excludes certain unpaid volunteers from that definition.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.19. “Clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, synagogue, temple, mosque, or recognized religious denomination or organization. “Clergy member” does not include unpaid volunteers whose principal occupation or vocation does not involve active or ordained ministry in a church, synagogue, temple, mosque, or recognized religious denomination or organization, and who periodically visit elder or dependent adults on behalf of that church, synagogue, temple, mosque, or recognized religious denomination or organization. (Added by Stats. 2002, Ch. 54, Sec. 3. Effective January 1, 2003.)
  72. 15610.20.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “clients’ rights advocate” as the individual or individuals assigned by a regional center or state hospital developmental center to handle clients’ rights assurance for persons with developmental disabilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.20. “Clients’ rights advocate” means the individual or individuals assigned by a regional center or state hospital developmental center to be responsible for clients’ rights assurance for persons with developmental disabilities. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  73. 15610.23.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “dependent adult” for purposes of the chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.23. (a) “Dependent adult” means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age. (b) “Dependent adult” includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 70, Sec. 5. (AB 1934) Effective January 1, 2019.)
  74. 15610.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    “Developmentally disabled person” means a person with a developmental disability described in Section 4512(a).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.25. “Developmentally disabled person” means a person with a developmental disability specified by or as described in subdivision (a) of Section 4512. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  75. 15610.27.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    “Elder” means a person living in this state who is 65 years of age or older.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.27. “Elder” means any person residing in this state, 65 years of age or older. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  76. 15610.30.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “financial abuse” of an elder or dependent adult and defines “representative” for this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.30. (a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. (d) For purposes of this section, “representative” means a person or entity that is either of the following: (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney. (Amended by Stats. 2013, Ch. 668, Sec. 2. (AB 140) Effective January 1, 2014.)
  77. 15610.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “goods and services necessary to avoid physical harm or mental suffering” and says the term includes several listed forms of care and support.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.35. “Goods and services necessary to avoid physical harm or mental suffering” include, but are not limited to, all of the following: (a) The provision of medical care for physical and mental health needs. (b) Assistance in personal hygiene. (c) Adequate clothing. (d) Adequately heated and ventilated shelter. (e) Protection from health and safety hazards. (f) Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment. (g) Transportation and assistance necessary to secure any of the needs set forth in subdivisions (a) to (f), inclusive. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  78. 15610.37.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “health practitioner” for this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.37. “Health practitioner” means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, a coroner, or a substance use disorder counselor. As used in this section, a “substance use disorder counselor” is a person providing counseling services in an alcoholism or drug abuse recovery and treatment program licensed, certified, or funded under Part 2 (commencing with Section 11760) of Division 10.5 of the Health and Safety Code. (Amended by Stats. 2017, Ch. 407, Sec. 1. (AB 575) Effective January 1, 2018.)
  79. 15610.39.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “imminent danger” as a substantial probability that an elder or dependent adult faces imminent or immediate death or serious physical harm.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.39. “Imminent danger” means a substantial probability that an elder or dependent adult is in imminent or immediate risk of death or serious physical harm, through either his or her own action or inaction, or as a result of the action or inaction of another person. (Added by Stats. 2002, Ch. 54, Sec. 6. Effective January 1, 2003.)
  80. 15610.40.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    “Investigation” means the activity used to determine whether a report of elder or dependent adult abuse is valid.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.40. “Investigation” means that activity undertaken to determine the validity of a report of elder or dependent adult abuse. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  81. 15610.43.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “isolation” for elder and dependent adult civil protection rules and lists situations that do and do not count as isolation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.43. (a) “Isolation” means any of the following: (1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls. (2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons. (3) False imprisonment, as defined in Section 236 of the Penal Code. (4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors. (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care. (c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safety. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  82. 15610.45.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “local law enforcement agency” for this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.45. “Local law enforcement agency” means a city police or county sheriff’s department, or a county probation department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  83. 15610.47.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “long-term care facility” to include several listed types of health and care facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.47. “Long-term care facility” means any of the following: (a) Any long-term health care facility, as defined in subdivision (a) of Section 1418 of the Health and Safety Code. (b) Any community care facility, as defined in paragraphs (1) and (2) of subdivision (a) of Section 1502 of the Health and Safety Code, whether licensed or unlicensed. (c) Any swing bed in an acute care facility, or any extended care facility. (d) Any adult day health care facility as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. (e) Any residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  84. 15610.50.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    “Long-term care ombudsman” is defined to include the State Long-Term Care Ombudsman, local ombudsman coordinators, and other persons currently certified as ombudsmen by the Department of Aging.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.50. “Long-term care ombudsman” means the State Long-Term Care Ombudsman, local ombudsman coordinators, and other persons currently certified as ombudsmen by the Department of Aging as described in Chapter 11 (commencing with Section 9700) of Division 8.5. (Amended by Stats. 2002, Ch. 54, Sec. 7. Effective January 1, 2003.)
  85. 15610.53.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “mental suffering” as serious emotional distress caused by intimidating behavior, threats, harassment, or deceptive or false/misleading statements made with malicious intent.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.53. “Mental suffering” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult. (Amended by Stats. 2000, Ch. 559, Sec. 3. Effective January 1, 2001.)
  86. 15610.55.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “multidisciplinary personnel team” and says such a team may include several listed types of professionals.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.55. (a) “Multidisciplinary personnel team” means any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and who are qualified to provide a broad range of services related to abuse of elderly or dependent adults. (b) A multidisciplinary personnel team may include, but need not be limited to, any of the following: (1) Psychiatrists, psychologists, or other trained counseling personnel. (2) Police officers or other law enforcement agents, including district attorneys. (3) Health practitioners, as defined in Section 15610.37. (4) Social workers with experience or training in prevention of abuse of elderly or dependent adults. (5) Public guardians, public conservators, or public administrators. (6) The local long-term care ombudsman. (7) Child welfare services personnel. (8) Representatives of a health plan. (9) Housing representatives. (10) County counsel. (11) A person with expertise in finance or accounting. (Amended by Stats. 2021, Ch. 85, Sec. 64. (AB 135) Effective July 16, 2021.)
  87. 15610.57.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “neglect” for an elder or dependent adult.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.57. (a) “Neglect” means either of the following: (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. (2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. (3) Failure to protect from health and safety hazards. (4) Failure to prevent malnutrition or dehydration. (5) Substantial inability or failure of an elder or dependent adult to manage their own finances. (6) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health. (c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), inclusive, of subdivision (b). (Amended by Stats. 2021, Ch. 85, Sec. 65. (AB 135) Effective July 16, 2021.)
  88. 15610.60.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    A “patients’ rights advocate” is a person with no direct or indirect clinical or administrative responsibility for the patient who ensures patient-rights laws, regulations, and policies are observed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.60. “Patients’ rights advocate” means a person who has no direct or indirect clinical or administrative responsibility for the patient, and who is responsible for ensuring that laws, regulations, and policies on the rights of the patient are observed. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  89. 15610.63.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

    Verify source ↗

    This section defines “physical abuse” to include several forms of assault, battery, sexual assault, unreasonable physical restraint, deprivation of food or water, and certain improper uses of restraint or psychotropic medication.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.63. “Physical abuse” means any of the following: (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water. (e) Sexual assault, that means any of the following: (1) Sexual battery, as defined in Section 243.4 of the Penal Code. (2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code. (3) Rape in concert, as described in Section 264.1 of the Penal Code. (4) Incest, as defined in Section 285 of the Penal Code. (5) Sodomy, as defined in Section 286 of the Penal Code. (6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code. (7) Sexual penetration, as defined in Section 289 of the Penal Code. (8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code. (f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: (1) For punishment. (2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given. (3) For any purpose not authorized by the physician and surgeon. (Amended by Stats. 2022, Ch. 197, Sec. 39. (SB 1493) Effective January 1, 2023.)
  90. 15610.65.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

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    “Reasonable suspicion” means an objectively reasonable suspicion based on facts that would cause a reasonable person in the same position, using training and experience when appropriate, to suspect abuse.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.65. “Reasonable suspicion” means an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
  91. 15610.67.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

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    This section defines “serious bodily injury.”

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.67. “Serious bodily injury” means an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation. (Added by Stats. 2012, Ch. 659, Sec. 1. (AB 40) Effective January 1, 2013.)
  92. 15610.70.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. )

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    This section defines “undue influence” as excessive persuasion that overcomes a person’s free will and causes an inequitable result.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 2. Definitions [15610 - 15610.70] ( Article 2 repealed and added by Stats. 1994, Ch. 594, Sec. 3. ) ## 15610.70. (a) “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered: (1) The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability. (2) The influencer’s apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification. (3) The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all of the following: (A) Controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep. (B) Use of affection, intimidation, or coercion. (C) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes. (4) The equity of the result. Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship. (b) Evidence of an inequitable result, without more, is not sufficient to prove undue influence. (Added by Stats. 2013, Ch. 668, Sec. 3. (AB 140) Effective January 1, 2014.)
  93. 15630.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. )

    Verify source ↗

    Certain people who care for or work with elders or dependent adults must report suspected abuse quickly, and some reports go to specific agencies and law enforcement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. ) ## 15630. (a) A person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not they receive compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter. (b) (1) A mandated reporter who, in their professional capacity, or within the scope of their employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that they have experienced behavior, including an act or omission, constituting physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that abuse, shall report the known, suspected, or alleged instance of abuse by telephone or through a confidential internet reporting tool, as authorized by Section 15658, immediately or as soon as practicably possible. If reported by telephone, a written report shall be sent, or an internet report shall be made through the confidential internet reporting tool established in Section 15658, within two working days. (A) If the known, suspected, or alleged abuse occurred in a long-term care facility, except a state mental health hospital or a state developmental center, the following shall occur: (i) If the abuse was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury, the reporter shall submit a written report of the known, suspected, or alleged instance of abuse to both of the following agencies within 24 hours: (I) The long-term care ombudsman. (II) The local law enforcement agency. (ii) In all other instances, immediately or as soon as practically possible, but no longer than two hours, the reporter shall submit a verbal report of the known, suspected, or alleged instance of abuse to the local law enforcement agency, and shall submit a written report to all of the following agencies within 24 hours: (I) The long-term care ombudsman. (II) The local law enforcement agency. (III) The corresponding state licensing agency. (iii) For purposes of this subparagraph, the time limit for reporting begins when the mandated reporter observes, obtains knowledge of, or suspects the abuse or neglect. (B) When applicable, reports made pursuant to clauses (i) and (ii) of subparagraph (A) shall be deemed to satisfy the reporting requirements of the federal Elder Justice Act of 2009, as set out in Subtitle H of the federal Patient Protection and Affordable Care Act (Public Law 111-148), Section 1418.91 of the Health and Safety Code, and Section 72541 of Title 22 of the California Code of Regulations. When a local law enforcement agency receives an initial report of suspected abuse in a long-term care facility pursuant to subparagraph (A), the local law enforcement agency may coordinate efforts with the local ombudsman to provide the most immediate and appropriate response warranted to investigate the mandated report. The local ombudsman and local law enforcement agencies may collaborate to develop protocols to implement subparagraph (A). (C) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the department may implement subparagraphs (A) and (B), in whole or in part, by means of all-county letters, provider bulletins, or other similar instructions without taking regulatory action. (D) With regard to abuse reported pursuant to subparagraphs (A) and (B), the local ombudsman and the local law enforcement agency shall, as soon as practicable, except in the case of an emergency or pursuant to a report required to be made pursuant to clause (v), in which case these actions shall be taken immediately, do all of the following: (i) Report to the State Department of Public Health any case of known or suspected abuse occurring in a long-term health care facility, as defined in subdivision (a) of Section 1418 of the Health and Safety Code. (ii) Report to the State Department of Social Services any case of known or suspected abuse occurring in a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or in an adult day program, as defined in paragraph (2) of subdivision (a) of Section 1502 of the Health and Safety Code. (iii) Report to the State Department of Public Health and the California Department of Aging any case of known or suspected abuse occurring in an adult day health care center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. (iv) Report to the Division of Medi-Cal Fraud and Elder Abuse any case of known or suspected criminal activity. (v) Report all cases of known or suspected physical abuse and financial abuse to the local district attorney’s office in the county where the abuse occurred. (E) (i) If the suspected or alleged abuse or neglect occurred in a state mental hospital or a state developmental center, and the suspected or alleged abuse or neglect resulted in any of the following incidents, a report shall be made immediately, but no later than within two hours of the mandated reporter observing, obtaining knowledge of, or suspecting abuse, to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, and to the local law enforcement agency: (I) A death. (II) A sexual assault, as defined in Section 15610.63. (III) An assault with a deadly weapon, as described in Section 245 of the Penal Code, by a nonresident of the state mental hospital or state developmental center. (IV) An assault with force likely to produce great bodily injury, as described in Section 245 of the Penal Code. (V) An injury to the genitals when the cause of the injury is undetermined. (VI) A broken bone when the cause of the break is undetermined. (ii) All other reports of suspected or alleged abuse or neglect that occurred in a state mental hospital or a state developmental center shall be made immediately, but no later than within two hours of the mandated reporter observing, obtaining knowledge of, or suspecting abuse, to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, or to the local law enforcement agency. (iii) When a local law enforcement agency receives an initial report of suspected or alleged abuse or neglect in a state mental hospital or a state developmental center pursuant to clause (i), the local law enforcement agency shall coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to provide the most immediate and appropriate response warranted to investigate the mandated report. The designated investigators of the State Department of State Hospitals or the State Department of Developmental Services and local law enforcement agencies may collaborate to develop protocols to implement this clause. (iv) Except in an emergency, the local law enforcement agency shall, as soon as practicable, report any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse. (v) Notwithstanding any other law, a mandated reporter who is required to report pursuant to Section 4427.5 shall not be required to report under clause (i). (F) If the abuse has occurred in any place other than a long-term care facility, a state mental hospital, or a state developmental center, the report shall be made to the adult protective services agency or the local law enforcement agency. (2) (A) A mandated reporter who is a clergy member who acquires knowledge or reasonable suspicion of elder or dependent adult abuse during a penitential communication is not subject to paragraph (1). For purposes of this subdivision, “penitential communication” means a communication that is intended to be in confidence, including, but not limited to, a sacramental confession made to a clergy member who, in the course of the discipline or practice of their church, denomination, or organization is authorized or accustomed to hear those communications and under the discipline tenets, customs, or practices of their church, denomination, or organization, has a duty to keep those communications secret. (B) This subdivision shall not modify or limit a clergy member’s duty to report known or suspected elder and dependent adult abuse if they are acting in the capacity of a care custodian, health practitioner, or employee of an adult protective services agency. (C) Notwithstanding this section, a clergy member who is not regularly employed on either a full-time or part-time basis in a long-term care facility or does not have care or custody of an elder or dependent adult shall not be responsible for reporting abuse or neglect that is not reasonably observable or discernible to a reasonably prudent person having no specialized training or experience in elder or dependent care. (3) (A) A mandated reporter who is a physician and surgeon, a registered nurse, or a psychotherapist, as defined in Section 1010 of the Evidence Code, shall not be required to report, pursuant to paragraph (1), an incident if all of the following conditions exist: (i) The mandated reporter has been told by an elder or dependent adult that they have experienced behavior constituting physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect. (ii) The mandated reporter is unaware of any independent evidence that corroborates the statement that the abuse has occurred. (iii) The elder or dependent adult has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia. (iv) In the exercise of clinical judgment, the physician and surgeon, the registered nurse, or the psychotherapist, as defined in Section 1010 of the Evidence Code, reasonably believes that the abuse did not occur. (B) This paragraph shall not impose upon mandated reporters a duty to investigate a known or suspected incident of abuse and shall not lessen or restrict any existing duty of mandated reporters. (4) (A) In a long-term care facility, a mandated reporter shall not be required to report as a suspected incident of abuse, as defined in Section 15610.07, an incident if all of the following conditions exist: (i) The mandated reporter is aware that there is a proper plan of care. (ii) The mandated reporter is aware that the plan of care was properly provided or executed. (iii) A physical, mental, or medical injury occurred as a result of care provided pursuant to clause (i) or (ii). (iv) The mandated reporter reasonably believes that the injury was not the result of abuse. (B) This paragraph shall neither require a mandated reporter to seek, nor preclude a mandated reporter from seeking, information regarding a known or suspected incident of abuse before reporting. This paragraph shall apply only to those categories of mandated reporters that the State Department of Public Health determines, upon approval by the Division of Medi-Cal Fraud and Elder Abuse and the state long-term care ombudsman, have access to plans of care and have the training and experience necessary to determine whether the conditions specified in this section have been met. (c) (1) Any mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated have been inflicted upon an elder or dependent adult, or that their emotional well-being is endangered in any other way, may report the known or suspected instance of abuse. (2) If the suspected or alleged abuse occurred in a long-term care facility other than a state mental health hospital or a state developmental center, the report may be made to the long-term care ombudsman program. Except in an emergency, the local ombudsman shall report any case of known or suspected abuse to the State Department of Public Health and any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse, as soon as is practicable. (3) If the suspected or alleged abuse occurred in a state mental health hospital or a state developmental center, the report may be made to the designated investigator of the State Department of State Hospitals or the State Department of Developmental Services or to a local law enforcement agency. Except in an emergency, the local law enforcement agency shall report any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse, as soon as is practicable. (4) If the suspected or alleged abuse occurred in a place other than a place described in paragraph (2) or (3), the report may be made to the county adult protective services agency. (5) If the conduct involves criminal activity not covered in subdivision (b), it may be immediately reported to the appropriate law enforcement agency. (d) If two or more mandated reporters are present and jointly have knowledge or reasonably suspect that types of abuse of an elder or a dependent adult for which a report is or is not mandated have occurred, and there is agreement among them, the telephone report or internet report, as authorized by Section 15658, may be made by a member of the team selected by mutual agreement, and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (e) A telephone report or internet report, as authorized by Section 15658, of a known or suspected instance of elder or dependent adult abuse shall include, if known, the name of the person making the report, the name and age of the elder or dependent adult, the present location of the elder or dependent adult, the names and addresses of family members or any other adult responsible for the elder’s or dependent adult’s care, the nature and extent of the elder’s or dependent adult’s condition, the date of the incident, and any other information, including information that led that person to suspect elder or dependent adult abuse, as requested by the agency receiving the report. (f) The reporting duties under this section are individual, and no supervisor or administrator shall impede or inhibit the reporting duties, and no person making the report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting, ensure confidentiality, and apprise supervisors and administrators of reports may be established, provided they are not inconsistent with this chapter. (g) (1) Whenever this section requires a county adult protective services agency to report to a law enforcement agency, the law enforcement agency shall, immediately upon request, provide a copy of its investigative report concerning the reported matter to that county adult protective services agency. (2) Whenever this section requires a law enforcement agency to report to a county adult protective services agency, the county adult protective services agency shall, immediately upon request, provide to that law enforcement agency a copy of its investigative report concerning the reported matter. (3) The requirement to disclose investigative reports pursuant to this subdivision shall not include the disclosure of social services records or case files that are confidential, nor shall this subdivision allow disclosure of any reports or records if the disclosure would be prohibited by any other state or federal law. (h) Failure to report, or impeding or inhibiting a report of, physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult, in violation of this section, is a misdemeanor, punishable by not more than six months in the county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. A mandated reporter who willfully fails to report, or impedes or inhibits a report of, physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult, in violation of this section, if that abuse results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. If a mandated reporter intentionally conceals their failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until a law enforcement agency specified in paragraph (1) of subdivision (b) discovers the offense. (i) For purposes of this section, “dependent adult” has the same meaning as that term is defined in Section 15610.23. (Amended by Stats. 2023, Ch. 580, Sec. 1. (AB 1417) Effective January 1, 2024.)
  94. 15630.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. )

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    Financial institution employees who are mandated reporters must report suspected financial abuse of an elder or dependent adult, usually immediately, and follow up in writing or online within two working days if the initial report was by phone.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. ) ## 15630.1. (a) As used in this section, “mandated reporter of suspected financial abuse of an elder or dependent adult” means all officers and employees of financial institutions. (b) As used in this section, the term “financial institution” means any of the following: (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(c)). (2) An institution-affiliated party, as defined in Section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(u)). (3) A federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. Sec. 1752), including, but not limited to, an institution-affiliated party of a credit union, as defined in Section 206(r) of the Federal Credit Union Act (12 U.S.C. Sec. 1786(r)). (c) As used in this section, “financial abuse” has the same meaning as in Section 15610.30. (d) (1) Any mandated reporter of suspected financial abuse of an elder or dependent adult who has direct contact with the elder or dependent adult or who reviews or approves the elder or dependent adult’s financial documents, records, or transactions, in connection with providing financial services with respect to an elder or dependent adult, and who, within the scope of his or her employment or professional practice, has observed or has knowledge of an incident, that is directly related to the transaction or matter that is within that scope of employment or professional practice, that reasonably appears to be financial abuse, or who reasonably suspects that abuse, based solely on the information before him or her at the time of reviewing or approving the document, record, or transaction in the case of mandated reporters who do not have direct contact with the elder or dependent adult, shall report the known or suspected instance of financial abuse by telephone or through a confidential Internet reporting tool, as authorized pursuant to Section 15658, immediately, or as soon as practicably possible. If reported by telephone, a written report shall be sent, or an Internet report shall be made through the confidential Internet reporting tool established in Section 15658, within two working days to the local adult protective services agency or the local law enforcement agency. (2) When two or more mandated reporters jointly have knowledge or reasonably suspect that financial abuse of an elder or a dependent adult for which the report is mandated has occurred, and when there is an agreement among them, the telephone report or Internet report, as authorized by Section 15658, may be made by a member of the reporting team who is selected by mutual agreement. A single report may be made and signed by the selected member of the reporting team. Any member of the team who has knowledge that the member designated to report has failed to do so shall thereafter make that report. (3) If the mandated reporter knows that the elder or dependent adult resides in a long-term care facility, as defined in Section 15610.47, the report shall be made to the local ombudsman or local law enforcement agency. (e) An allegation by the elder or dependent adult, or any other person, that financial abuse has occurred is not sufficient to trigger the reporting requirement under this section if both of the following conditions are met: (1) The mandated reporter of suspected financial abuse of an elder or dependent adult is aware of no other corroborating or independent evidence of the alleged financial abuse of an elder or dependent adult. The mandated reporter of suspected financial abuse of an elder or dependent adult is not required to investigate any accusations. (2) In the exercise of his or her professional judgment, the mandated reporter of suspected financial abuse of an elder or dependent adult reasonably believes that financial abuse of an elder or dependent adult did not occur. (f) Failure to report financial abuse under this section shall be subject to a civil penalty not exceeding one thousand dollars ($1,000) or if the failure to report is willful, a civil penalty not exceeding five thousand dollars ($5,000), which shall be paid by the financial institution that is the employer of the mandated reporter to the party bringing the action. Subdivision (h) of Section 15630 shall not apply to violations of this section. (g) (1) The civil penalty provided for in subdivision (f) shall be recovered only in a civil action brought against the financial institution by the Attorney General, district attorney, or county counsel. No action shall be brought under this section by any person other than the Attorney General, district attorney, or county counsel. Multiple actions for the civil penalty may not be brought for the same violation. (2) Nothing in the Financial Elder Abuse Reporting Act of 2005 shall be construed to limit, expand, or otherwise modify any civil liability or remedy that may exist under this or any other law. (h) As used in this section, “suspected financial abuse of an elder or dependent adult” occurs when a person who is required to report under subdivision (a) observes or has knowledge of behavior or unusual circumstances or transactions, or a pattern of behavior or unusual circumstances or transactions, that would lead an individual with like training or experience, based on the same facts, to form a reasonable belief that an elder or dependent adult is the victim of financial abuse as defined in Section 15610.30. (i) Reports of suspected financial abuse of an elder or dependent adult made by an employee or officer of a financial institution pursuant to this section are covered under subdivision (b) of Section 47 of the Civil Code. (j) (1) A mandated reporter of suspected financial abuse of an elder or dependent adult is authorized to not honor a power of attorney described in Division 4.5 (commencing with Section 4000) of the Probate Code as to an attorney-in-fact, if the mandated reporter of suspected financial abuse of an elder or dependent adult makes a report to an adult protective services agency or a local law enforcement agency of any state that the principal may be subject to financial abuse, as described in this chapter or as defined in similar laws of another state, by that attorney-in-fact or person acting for or with that attorney-in-fact. (2) If a mandated reporter of suspected financial abuse of an elder or dependent adult does not honor a power of attorney as to an attorney-in-fact pursuant to paragraph (1), the power of attorney shall remain enforceable as to every other attorney-in-fact also designated in the power of attorney about whom a report has not been made. (3) For purposes of this subdivision, the terms “principal” and “attorney-in-fact” shall have the same meanings as those terms are used in Division 4.5 (commencing with Section 4000) of the Probate Code. (Amended by Stats. 2017, Ch. 408, Sec. 1. (AB 611) Effective January 1, 2018.)
  95. 15630.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. )

    Verify source ↗

    Broker-dealers and investment advisers that qualify as mandated reporters must report suspected financial abuse of an elder or dependent adult, and some reports or delays must be followed by notices to specified agencies within short deadlines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. ) ## 15630.2. (a) For purposes of this section, the following terms have the following definitions: (1) “Financial abuse” has the same meaning as in Section 15610.30. (2) “Broker-dealer” has the same meaning as in Section 25004 of the Corporations Code. (3) “Investment adviser” has the same meaning as in Section 25009 of the Corporations Code. (4) “Mandated reporter of suspected financial abuse of an elder or dependent adult” means a broker-dealer or an investment adviser. (b) (1) Any mandated reporter of suspected financial abuse of an elder or dependent adult who has direct contact with the elder or dependent adult or who reviews or approves the elder or dependent adult’s financial documents, records, or transactions, in connection with providing financial services with respect to an elder or dependent adult, and who, within the scope of their employment or professional practice, has observed or has knowledge of an incident that is directly related to the transaction or matter that is within that scope of employment or professional practice, that reasonably appears to be financial abuse, or who reasonably suspects that abuse, based solely on the information before them at the time of reviewing or approving the document, record, or transaction in the case of mandated reporters who do not have direct contact with the elder or dependent adult, shall report the known or suspected instance of financial abuse by telephone or through a confidential internet reporting tool, as authorized pursuant to Section 15658, immediately, or as soon as practicably possible. If reported by telephone, a written report shall be sent, or an internet report shall be made through the confidential internet reporting tool established in Section 15658, within two working days to the local adult protective services agency, the local law enforcement agency, and the Department of Financial Protection and Innovation. (2) When two or more mandated reporters jointly have knowledge or reasonably suspect that financial abuse of an elder or a dependent adult for which the report is mandated has occurred, and when there is an agreement among them, the telephone report or internet report, as authorized by Section 15658, may be made by a member of the reporting team who is selected by mutual agreement. A single report may be made and signed by the selected member of the reporting team. Any member of the team who has knowledge that the member designated to report has failed to do so shall thereafter make that report. (3) If the mandated reporter knows that the elder or dependent adult resides in a long-term care facility, as defined in Section 15610.47, the report shall be made to the local ombudsman, local law enforcement agency, and the Department of Financial Protection and Innovation. (c) An allegation by the elder or dependent adult, or any other person, that financial abuse has occurred is not sufficient to trigger the reporting requirement under this section if both of the following conditions are met: (1) The mandated reporter of suspected financial abuse of an elder or dependent adult is aware of no other corroborating or independent evidence of the alleged financial abuse of an elder or dependent adult. The mandated reporter of suspected financial abuse of an elder or dependent adult is not required to investigate any accusations. (2) In the exercise of their professional judgment, the mandated reporter of suspected financial abuse of an elder or dependent adult reasonably believes that financial abuse of an elder or dependent adult did not occur. (d) Failure to report financial abuse under this section shall be subject to a civil penalty not exceeding one thousand dollars ($1,000) or if the failure to report is willful, a civil penalty not exceeding five thousand dollars ($5,000), which shall be paid by the employer of the mandated reporter of suspected financial abuse of an elder or dependent adult to the party bringing the action. Subdivision (h) of Section 15630 shall not apply to violations of this section. (e) The civil penalty provided for in subdivision (d) shall be recovered only in a civil action brought against the broker-dealer or investment adviser by the Attorney General, district attorney, or county counsel. An action shall not be brought under this section by any person other than the Attorney General, district attorney, or county counsel. Multiple actions for the civil penalty may not be brought for the same violation. (f) As used in this section, “suspected financial abuse of an elder or dependent adult” occurs when a person who is required to report under subdivision (b) observes or has knowledge of behavior or unusual circumstances or transactions, or a pattern of behavior or unusual circumstances or transactions, that would lead an individual with like training or experience, based on the same facts, to form a reasonable belief that an elder or dependent adult is the victim of financial abuse as defined in Section 15610.30. (g) Reports of suspected financial abuse of an elder or dependent adult made pursuant to this section are covered under subdivision (b) of Section 47 of the Civil Code. (h) (1) A mandated reporter of suspected financial abuse of an elder or dependent adult who makes a report pursuant to this section may notify any trusted contact person who had previously been designated by the elder or dependent adult to receive notification of any known or suspected financial abuse, unless the trusted contact person is suspected of the financial abuse. This authority does not affect the ability of the mandated reporter to make any other notifications otherwise permitted by law. (2) A mandated reporter of suspected financial abuse of an elder or dependent adult shall not be civilly liable for any notification made in good faith and with reasonable care pursuant to this subdivision. (i) (1) A mandated reporter of suspected financial abuse of an elder or dependent adult is authorized to not honor a power of attorney described in Division 4.5 (commencing with Section 4000) of the Probate Code as to an attorney-in-fact, if the mandated reporter of suspected financial abuse of an elder or dependent adult makes a report to an adult protective services agency or a local law enforcement agency of any state that the principal may be subject to financial abuse, as described in this chapter or as defined in similar laws of another state, by that attorney-in-fact or person acting for or with that attorney-in-fact. (2) If a mandated reporter of suspected financial abuse of an elder or dependent adult does not honor a power of attorney as to an attorney-in-fact pursuant to paragraph (1), the power of attorney shall remain enforceable as to every other attorney-in-fact also designated in the power of attorney about whom a report has not been made. (3) For purposes of this subdivision, the terms “principal” and “attorney-in-fact” have the same meanings as those terms are used in Division 4.5 (commencing with Section 4000) of the Probate Code. (j) (1) A mandated reporter of suspected financial abuse of an elder or dependent adult may temporarily delay a requested disbursement from, or a requested transaction involving, an account of an elder or dependent adult or an account to which an elder or dependent adult is a beneficiary if the mandated reporter meets all of following conditions: (A) They have a reasonable belief, after initiating an internal review of the requested disbursement or transaction and the suspected financial abuse, that the requested disbursement or transaction may result in the financial abuse of an elder or dependent adult. (B) Immediately, but no later than two business days after the requested disbursement or transaction is delayed, they provide written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless a party is reasonably believed to have engaged in suspected financial abuse of the elder or dependent. (C) Immediately, but no later than two business days after the requested disbursement or transaction is delayed, they notify the local county adult protective services agency, local law enforcement agency, and the Department of Financial Protection and Innovation about the delay. (D) They provide any updates relevant to the report to the local adult protective services agency, the local law enforcement agency, and the Department of Financial Protection and Innovation. (2) Any delay of a requested disbursement or transaction authorized by this subdivision shall expire upon either of the following, whichever is sooner: (A) A determination by the mandated reporter that the requested disbursement or transaction will not result in financial abuse of the elder or dependent adult provided that the mandated reporter first consults with the local county adult protective services agency, local law enforcement agency, and the Department of Financial Protection and Innovation, and receives no objection from those entities. (B) Fifteen business days after the date on which the mandated reporter first delayed the requested disbursement or transaction, unless the adult protective services agency, local law enforcement agency, or the Department of Financial Protection and Innovation requests that the mandated reporter extend the delay, in which case the delay shall expire no more than 25 business days after the date on which the mandated reporter first delayed the requested disbursement or transaction, unless sooner terminated by the adult protective services agency, local law enforcement agency, the Department of Financial Protection and Innovation, or an order of a court of competent jurisdiction. (3) A court of competent jurisdiction may enter an order extending the delay of the requested disbursement or transaction or may order other protective relief based on the petition of the adult protective services agency, the mandated reporter who initiated the delay, or any other interested party. (4) A mandated reporter of suspected financial abuse of an elder or dependent adult shall not be civilly liable for any temporary disbursement delay or transaction made in good faith and with reasonable care on an account pursuant to this subdivision. (k) Notwithstanding any provision of law, a local adult protective services agency, a local law enforcement agency, and the Department of Financial Protection and Innovation may disclose to a mandated reporter of suspected financial abuse of an elder or dependent adult or their employer, upon request, the general status or final disposition of any investigation that arose from a report made by that mandated reporter of suspected financial abuse of an elder or dependent adult pursuant to this section. (Amended by Stats. 2022, Ch. 452, Sec. 210. (SB 1498) Effective January 1, 2023.)
  96. 15631.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. )

    Verify source ↗

    People who are not mandated reporters may report suspected abuse of an elder or dependent adult to specified agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. ) ## 15631. (a) Any person who is not a mandated reporter under Section 15630, who knows, or reasonably suspects, that an elder or a dependent adult has been the victim of abuse may report that abuse to a long-term care ombudsman program or local law enforcement agency, or both the long-term care ombudsman program and local law enforcement agency when the abuse is alleged to have occurred in a long-term care facility. (b) Any person who is not a mandated reporter under Section 15630, who knows, or reasonably suspects, that an elder or a dependent adult has been the victim of abuse in any place other than a long-term care facility may report the abuse to the county adult protective services agency or local law enforcement agency. (Amended by Stats. 2012, Ch. 659, Sec. 3. (AB 40) Effective January 1, 2013.)
  97. 15632.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. )

    Verify source ↗

    In court or administrative hearings, the physician-patient and psychotherapist-patient privileges do not apply to specific information reported under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 3. Mandatory and Nonmandatory Reports of Abuse [15630 - 15632] ( Heading of Article 3 renumbered from Article 4 by Stats. 1994, Ch. 594, Sec. 5. ) ## 15632. (a) In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the specific information reported pursuant to this chapter. (b) Nothing in this chapter shall be interpreted as requiring an attorney to violate his or her oath and duties pursuant to Section 6067 or subdivision (e) of Section 6068 of the Business and Professions Code, and Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. (Repealed and added by Stats. 1994, Ch. 594, Sec. 11. Effective January 1, 1995.)
  98. 15633.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. )

    Verify source ↗

    Certain elder abuse reports are confidential and can be disclosed only in the ways listed here.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. ) ## 15633. (a) The reports made pursuant to Sections 15630, 15630.1, 15630.2, and 15631 shall be confidential and may be disclosed only as provided in subdivision (b). Any violation of the confidentiality required by this chapter is a misdemeanor punishable by not more than six months in the county jail, by a fine of five hundred dollars ($500), or by both that fine and imprisonment. (b) Reports of suspected abuse of an elder or dependent adult and information contained in the report may be disclosed only to the following: (1) Persons or agencies to whom disclosure of information or the identity of the reporting party is permitted under Section 15633.5. (2) (A) Persons who are trained and qualified to serve on multidisciplinary personnel teams may disclose to one another information and records that are relevant to the prevention, identification, or treatment of abuse of elderly or dependent persons. (B) Except as provided in subparagraph (A), any personnel of the multidisciplinary team or agency who receives information pursuant to this chapter shall be under the same obligations and subject to the same confidentiality penalties as the person disclosing or providing that information. The information obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (3) A trusted contact person, as specified in subdivision (h) of Section 15630.2. (c) This section does not allow disclosure of any reports or records relevant to the reports of abuse of an elder or dependent adult if the disclosure would be prohibited by any other provisions of state or federal law applicable to the reports or records relevant to the reports of the abuse, nor does it prohibit the disclosure by a financial institution, broker-dealer, or investment adviser of any reports or records relevant to the reports of abuse of an elder or dependent adult if the disclosure would be required of a financial institution, broker-dealer, or investment adviser by otherwise applicable state or federal law or court order. (d) This section does not prohibit employees of a county’s adult protective services agency or a county’s child welfare agency from disclosing information with each other for the purpose of multidisciplinary teamwork in the prevention, intervention, management, or treatment of the abuse or neglect of a child or abuse or neglect of an elder or dependent adult. (Amended by Stats. 2022, Ch. 506, Sec. 2. (SB 1054) Effective January 1, 2023.)
  99. 15633.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. )

    Verify source ↗

    Information about elder or dependent adult abuse must be shared with certain investigators for investigations, and a reporter’s identity is confidential with limited disclosure exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. ) ## 15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the division, the Department of Financial Protection and Innovation, or an investigator of the Department of Consumer Affairs, Division of Investigation, who is investigating a known or suspected case of elder or dependent adult abuse. (2) (A) If the incident of elder or dependent adult financial abuse may be within the jurisdiction of a federal law enforcement agency, information relevant to the incident may be given to the federal law enforcement agency for the sole purpose of investigating a financial crime committed against the elder or dependent adult. (B) Information relevant to the incident of elder or dependent adult abuse may be provided to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident is at risk. (b) The identity of a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency: (1) An adult protective services agency. (2) A long-term care ombudsperson program. (3) A licensing agency. (4) A local law enforcement agency. (5) The office of the district attorney. (6) The office of the public guardian. (7) The probate court. (8) The division. (9) The Department of Financial Protection and Innovation. (10) The Department of Consumer Affairs, Division of Investigation. (11) Counsel representing an adult protective services agency. (c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances: (1) To the district attorney in a criminal prosecution. (2) When a person reporting waives confidentiality. (3) By court order. (d) Notwithstanding subdivisions (a) to (c), inclusive, a person reporting pursuant to Section 15631 shall not be required to include their name in the report. (Amended by Stats. 2021, Ch. 621, Sec. 1.5. (AB 636) Effective January 1, 2022.)
  100. 15634.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. )

    Verify source ↗

    This section gives immunity from civil or criminal liability for certain elder-abuse reports, related photos, and related access provided to investigators, and lets some reporters seek attorneys’ fees in qualifying cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. ) ## 15634. (a) No care custodian, clergy member, health practitioner, mandated reporter of suspected financial abuse of an elder or dependent adult, or employee of an adult protective services agency or a local law enforcement agency who reports a known or suspected instance of abuse of an elder or dependent adult shall be civilly or criminally liable for any report required or authorized by this article. Any other person reporting a known or suspected instance of abuse of an elder or dependent adult shall not incur civil or criminal liability as a result of any report authorized by this article, unless it can be proven that a false report was made and the person knew that the report was false. No person required to make a report pursuant to this article, or any person taking photographs at his or her discretion, shall incur any civil or criminal liability for taking photographs of a suspected victim of abuse of an elder or dependent adult or causing photographs to be taken of such a suspected victim or for disseminating the photographs with the reports required by this article. However, this section shall not be construed to grant immunity from this liability with respect to any other use of the photographs. (b) No care custodian, clergy member, health practitioner, mandated reporter of suspected financial abuse of an elder or dependent adult, or employee of an adult protective services agency or a local law enforcement agency who, pursuant to a request from an adult protective services agency or a local law enforcement agency investigating a report of known or suspected abuse of an elder or dependent adult, provides the requesting agency with access to the victim of a known or suspected instance of abuse of an elder or dependent adult, shall incur civil or criminal liability as a result of providing that access. (c) The Legislature finds that, even though it has provided immunity from liability to persons required to report abuse of an elder or dependent adult, immunity does not eliminate the possibility that actions may be brought against those persons based upon required reports of abuse. In order to further limit the financial hardship that those persons may incur as a result of fulfilling their legal responsibilities, it is necessary that they not be unfairly burdened by legal fees incurred in defending those actions. Therefore, a care custodian, clergy member, health practitioner, or an employee of an adult protective services agency or a local law enforcement agency may present to the Department of General Services a claim for reasonable attorneys’ fees incurred in any action against that person on the basis of making a report required or authorized by this article if the court has dismissed the action upon a demurrer or motion for summary judgment made by that person, or if he or she prevails in the action. The Department of General Services shall allow that claim if the requirements of this subdivision are met, and the claim shall be paid from an appropriation to be made for that purpose. Attorneys’ fees awarded pursuant to this section shall not exceed an hourly rate greater than the rate charged by the Attorney General at the time the award is made and shall not exceed an aggregate amount of fifty thousand dollars ($50,000). This subdivision shall not apply if a public entity has provided for the defense of the action pursuant to Section 995 of the Government Code. (Amended by Stats. 2016, Ch. 31, Sec. 285. (SB 836) Effective June 27, 2016.)
  101. 15636.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. )

    Verify source ↗

    Victims of elder or dependent adult abuse may refuse or withdraw consent to investigations or protective services, and certain agencies must act only with the victim’s consent, with limited exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. ) ## 15636. (a) Any victim of elder or dependent adult abuse may refuse or withdraw consent at any time to an investigation or the provision of protective services by an adult protective services agency or long-term care ombudsman program. The adult protective services agency shall act only with the consent of the victim unless a violation of the Penal Code has been alleged. A local long-term care ombudsman shall act only with the consent of the victim and shall disclose confidential information only after consent to disclose is given by the victim or pursuant to court order. (b) If the elder or dependent adult abuse victim is so incapacitated that he or she cannot legally give or deny consent to protective services, a petition for temporary conservatorship or guardianship may be initiated in accordance with Section 2250 of the Probate Code. (Added by Stats. 1994, Ch. 594, Sec. 18. Effective January 1, 1995.)
  102. 15637.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. )

    Verify source ↗

    This section says certain confidentiality privileges do not apply in court or administrative hearings to information that must be reported under this chapter, and it also says the chapter should not be read to force an attorney to break specified ethical duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 4. Confidentiality [15633 - 15637] ( Article 4 heading added by Stats. 1994, Ch. 594, Sec. 13. ) ## 15637. In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the specific information required to be reported pursuant to this chapter. Nothing in this chapter shall be interpreted as requiring an attorney to violate his or her oath and duties pursuant to Section 6067 or subdivision (e) of Section 6068 of the Business and Professions Code, and Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. (Added by Stats. 1985, Ch. 1164, Sec. 13. Effective September 28, 1985.)
  103. 15640.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 5. Local Agency Cross-Reporting [15640- 15640.] ( Article 5 repealed and added by Stats. 1994, Ch. 594, Sec. 20. )

    Verify source ↗

    This section requires adult protective services, law enforcement, and ombudsman-related agencies to cross-report suspected elder or dependent adult abuse and certain neglect incidents to other agencies, often by phone immediately or as soon as practical, with some written follow-up deadlines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 5. Local Agency Cross-Reporting [15640- 15640.] ( Article 5 repealed and added by Stats. 1994, Ch. 594, Sec. 20. ) ## 15640. (a) (1) An adult protective services agency shall immediately, or as soon as practically possible, report by telephone to the law enforcement agency having jurisdiction over the case any known or suspected instance of criminal activity, and to any public agency given responsibility for investigation in that jurisdiction of cases of elder and dependent adult abuse, every known or suspected instance of abuse of an elder or dependent adult pursuant to Section 15630, 15630.1, or 15630.2. A county adult protective services agency shall also send a written report thereof within two working days of receiving the information concerning the incident to each agency to which it is required to make a telephone report under this subdivision. Before making any cross-report of allegations of financial abuse to law enforcement agencies, an adult protective services agency shall first determine whether there is reasonable suspicion of any criminal activity. (2) If an adult protective services agency receives a report of abuse alleged to have occurred in a long-term care facility, that adult protective services agency shall immediately inform the person making the report that they are required to make the report to the long-term care ombudsman program or to a local law enforcement agency. The adult protective services agency shall not accept the report by telephone but shall forward any written report received to the long-term care ombudsman. (b) If an adult protective services agency or local law enforcement agency or ombudsman program receiving a report of known or suspected elder or dependent adult abuse determines, pursuant to its investigation, that the abuse is being committed by a health practitioner licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, or any related initiative act, or by a person purporting to be a licensee, the adult protective services agency or local law enforcement agency or ombudsman program shall immediately, or as soon as practically possible, report this information to the appropriate licensing agency. The licensing agency shall investigate the report in light of the potential for physical harm. The transmittal of information to the appropriate licensing agency shall not relieve the adult protective services agency or local law enforcement agency or ombudsman program of the responsibility to continue its own investigation as required under applicable provisions of law. The information reported pursuant to this subdivision shall remain confidential and shall not be disclosed. (c) A local law enforcement agency shall immediately, or as soon as practically possible, report by telephone to the long-term care ombudsman program when the abuse is alleged to have occurred in a long-term care facility or to the county adult protective services agency when it is alleged to have occurred anywhere else, and to the agency given responsibility for the investigation of cases of elder and dependent adult abuse every known or suspected instance of abuse of an elder or dependent adult. A local law enforcement agency shall also send a written report thereof within two working days of receiving the information concerning the incident to any agency to which it is required to make a telephone report under this subdivision. (d) A long-term care ombudsman coordinator may report the instance of abuse to the county adult protective services agency or to the local law enforcement agency for assistance in the investigation of the abuse if the victim gives their consent. A long-term care ombudsman program and the Licensing and Certification Division of the State Department of Public Health shall immediately report by telephone and in writing within two working days to the Division of Medi-Cal Fraud and Elder Abuse any instance of neglect occurring in a health care facility that has seriously harmed any patient or reasonably appears to present a serious threat to the health or physical well-being of a patient in that facility. If a victim or potential victim of the neglect withholds consent to being identified in that report, the report shall contain circumstantial information about the neglect, but shall not identify that victim or potential victim. The Division of Medi-Cal Fraud and Elder Abuse and the reporting agency shall maintain the confidentiality of the report until the report becomes a matter of public record. (e) When a county adult protective services agency, a long-term care ombudsman program, or a local law enforcement agency receives a report of abuse, neglect, or abandonment of an elder or dependent adult alleged to have occurred in a long-term care facility, that county adult protective services agency, long-term care ombudsman coordinator, or local law enforcement agency shall report the incident to the licensing agency by telephone as soon as possible. (f) County adult protective services agencies, long-term care ombudsman programs, and local law enforcement agencies shall report the results of their investigations of referrals or reports of abuse to the respective referring or reporting agencies. (Amended by Stats. 2021, Ch. 554, Sec. 16. (SB 823) Effective January 1, 2022.)
  104. 15650.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 6. Investigation of Reports [15650 - 15651] ( Article 6 added by Stats. 1994, Ch. 594, Sec. 21. )

    Verify source ↗

    This section assigns responsibility for abuse investigations and requires county adult protective services agencies and local ombudsman programs to keep referral inventories.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 6. Investigation of Reports [15650 - 15651] ( Article 6 added by Stats. 1994, Ch. 594, Sec. 21. ) ## 15650. (a) Investigation of reports of known or suspected instances of abuse in long-term care facilities shall be the responsibility of the division, the local law enforcement agency, and the long-term care ombudsman program. (b) Investigations of known or suspected instances of abuse outside of long-term care facilities shall be the responsibility of the county adult protective services agency, unless another public agency is given responsibility for investigation in that jurisdiction, and the local law enforcement agency. (c) The investigative responsibilities set forth in this section are in addition to, and not in derogation of or substitution for, the investigative and regulatory responsibilities of licensing agencies, such as the State Department of Social Services Community Care Licensing Division and the State Department of Public Health Licensing and Certification Division and their authorized representatives. (d) Other public agencies involved in the investigation of abuse or advocacy of respective client populations, or both, include, but shall not be limited to, the State Department of State Hospitals and the State Department of Developmental Services. Other public agencies shall conduct or assist in, or both, the investigation of reports of abuse of elder and dependent adults within their jurisdiction in conjunction with county adult protective services, local ombudsman programs, and local law enforcement agencies. (e) Each county adult protective services agency shall maintain an inventory of all public and private service agencies available to assist victims of abuse, as defined by Section 15610.07. This inventory shall be used to refer victims in the event that the county adult protective services agency cannot resolve the immediate needs of the victim, and to serve the victim on a long-term, followup basis. The intent of this section is to acknowledge that limited funds are available to resolve all suspected cases of abuse reported to a county adult protective services agency. (f) Each local ombudsman program shall maintain an inventory of all public and private agencies available to assist long-term care residents who are victims of abuse, as defined by Section 15610.07. This inventory shall be used to refer cases of abuse in the event that another agency has jurisdiction over the resident, the abuse is verified and further investigation is needed by a law enforcement or licensing agency, or the program does not have sufficient resources to provide immediate assistance. The intent of this section is to acknowledge that ombudsman responsibility in abuse cases is to receive reports, determine the validity of reports, refer verified abuse cases to appropriate agencies for further action as necessary, and follow up to complete the required report information. Other ombudsman services shall be provided to the resident, as appropriate. (g) The responsibilities and jurisdiction granted by this section to the entities described in subdivisions (a) to (d), inclusive, are subject to the responsibility and jurisdiction granted pursuant to Section 368.5 of the Penal Code. The legislature finds and declares that this subdivision is declaratory of existing law. (Amended by Stats. 2021, Ch. 554, Sec. 17. (SB 823) Effective January 1, 2022.)
  105. 15651.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 6. Investigation of Reports [15650 - 15651] ( Article 6 added by Stats. 1994, Ch. 594, Sec. 21. )

    Verify source ↗

    County adult protective service agencies and the Home Safe Program may refer certain individuals to appropriate state or local agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 6. Investigation of Reports [15650 - 15651] ( Article 6 added by Stats. 1994, Ch. 594, Sec. 21. ) ## 15651. County adult protective service agencies and the Home Safe Program, as established in Chapter 14 (commencing with Section 15770), may refer individuals with complex or intensive needs to the appropriate state or local agencies, as determined by the adult protective services agency or the Home Safe Program case workers, and based on a determination that the individual may be eligible for services and that those services may support the individual’s safety goals. A referral may be made before or after an individual begins to receive adult protective services, and a referral does not preclude the individual from receiving adult protective services or Home Safe program services. (Added by Stats. 2021, Ch. 85, Sec. 67. (AB 135) Effective July 16, 2021.)
  106. 15653.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. )

    Verify source ↗

    The State Department of Social Services must maintain minimum guidelines for county adult protective services agencies, and those agencies may seek local law enforcement assistance when consistent with the guidelines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. ) ## 15653. (a) Minimum guidelines for use by county adult protective services agencies in determining when an investigation of abuse is warranted shall be maintained by the State Department of Social Services in cooperation with representatives of county government, and in consultation with the Department of Aging, the Department of Justice, and other concerned state departments for use by county adult protective services agencies. (b) Uniform guidelines for local law enforcement assistance with investigations of allegations of abuse to elders and dependent adults as developed by the Department of Justice in consultation with the department, the Department of Aging, and other concerned state and local agencies pursuant to Section 15640, as amended by Chapter 769 of the Statutes of 1986, shall remain in effect until modified. Consistent with these guidelines, county adult protective services agencies may seek local law enforcement assistance with investigations of allegations of abuse to elder and dependent adults. (Added by Stats. 1994, Ch. 594, Sec. 22. Effective January 1, 1995.)
  107. 15653.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. )

    Verify source ↗

    The Division of Medi-Cal Fraud and Elder Abuse must include training on when to refer reports of known or suspected abuse in a long-term care facility for possible criminal prosecution.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. ) ## 15653.5. Training for determining when to refer for possible criminal prosecution a report of a known or suspected instance of abuse that occurred in a long-term care facility shall be included in the training provided by the Division of Medi-Cal Fraud and Elder Abuse pursuant to subdivision (h) of Section 12528 of the Government Code. (Amended by Stats. 2021, Ch. 554, Sec. 18. (SB 823) Effective January 1, 2022.)
  108. 15654.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. )

    Verify source ↗

    The division must offer training programs and consult specified experts when updating training materials; updated materials must cover required topics, and the division may share other relevant training materials with agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. ) ## 15654. (a) As described in subdivision (h) of Section 12528 of the Government Code, the division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and dependent adults, and to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies and to the long-term care ombudsman program in evaluating and documenting criminal abuse against elders and dependent adults. (b) When producing new or updated training materials pursuant to this section, the division shall consult with the Commission on Peace Officer Standards and Training and other subject matter experts. Any new or updated training materials shall address all of the following: (1) The jurisdiction and responsibility of law enforcement agencies pursuant to Section 368.5 of the Penal Code. (2) The fact that the protected classes of “dependent person” as defined in Section 288 of the Penal Code and “dependent adult” as defined in Section 368 of the Penal Code include many persons with disabilities, regardless of the fact that most of those persons live independently. (3) Other relevant information and laws. (c) When the division offers or provides new or updated training materials pursuant to this section, the division also may inform the agencies of other relevant training materials. (Amended by Stats. 2021, Ch. 554, Sec. 19. (SB 823) Effective January 1, 2022.)
  109. 15655.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. )

    Verify source ↗

    Covered care facilities must train staff to recognize and report elder and dependent adult abuse, and specific agencies review compliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. ) ## 15655. (a) (1) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, community care facility, as defined in Section 1502 of the Health and Safety Code, or residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, that provides care to adults shall provide training in recognizing and reporting elder and dependent adult abuse, as prescribed by the Department of Justice. The Department of Justice shall, in cooperation with the State Department of Health Services and the State Department of Social Services, develop a minimal core training program for use by these facilities. As part of that training, long-term care facilities, including nursing homes and out-of-home care facilities, shall provide to all staff being trained a written copy of the reporting requirements and a written notification of the staff’s confidentiality rights as specified in Section 15633.5. (2) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, and each community care facility as defined in Section 1502 of the Health and Safety Code, shall comply with paragraph (1) by January 1, 2001, or, if the facility began operation after July 31, 2000, within six months of the date of the beginning of the operation of the facility. Employees hired after June 1, 2001, shall be trained within 60 days of their first day of employment. (3) Each residential care facility, as defined in Section 1569.2 of the Health and Safety Code, shall comply with paragraph (1) by July 1, 2002, or, if the facility began operation after July 1, 2002, within six months of the date of the beginning of the operation of the facility. Employees hired on or after July 1, 2002, shall be trained within 60 days of their first day of employment. (b) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, shall be subject to review by the State Department of Health Services Licensing and Certification Unit for compliance with the duties imposed in subdivision (a). (c) Each community care facility, as defined in Section 1502 of the Health and Safety Code, and residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, shall be subject to review by the State Department of Social Services Community Care Licensing Unit for compliance with the duties imposed in subdivision (a). (Amended by Stats. 2015, Ch. 303, Sec. 624. (AB 731) Effective January 1, 2016.)
  110. 15655.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. )

    Verify source ↗

    A county adult protective services agency must give certain organizations and mandated reporters instructional materials about elder or dependent adult abuse, neglect, and reporting duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 7. Interagency Coordination [15653 - 15655.5] ( Article 7 added by Stats. 1994, Ch. 594, Sec. 22. ) ## 15655.5. A county adult protective services agency shall provide the organizations listed in subdivisions (v), (w), and (x) of Section 15610.17, and mandated reporters of suspected financial abuse of an elder or dependent adult pursuant to Sections 15630.1 and 15630.2, with instructional materials regarding abuse and neglect of an elder or dependent adult and their obligation to report under this chapter. At a minimum, the instructional materials shall include all of the following: (a) An explanation of abuse and neglect of an elder or dependent adult, as defined in this chapter. (b) Information on how to recognize potential abuse and neglect of an elder or dependent adult. (c) Information on how the county adult protective services agency investigates reports of known or suspected abuse and neglect. (d) Instructions on how to report known or suspected incidents of abuse and neglect, including the appropriate telephone numbers to call and what types of information would assist the county adult protective services agency with its investigation of the report. (Amended by Stats. 2019, Ch. 272, Sec. 5. (SB 496) Effective January 1, 2020.)
  111. 15657.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

    Verify source ↗

    If the required abuse findings are proven, the court must award reasonable attorney’s fees and costs, damages limits from one code section do not apply, and employer liability has extra conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657. If it is proven by clear and convincing evidence, or by a preponderance of the evidence pursuant to Section 15657.02, that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law: (a) The court shall award to the plaintiff reasonable attorney’s fees and costs. The term “costs” includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. (b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code. (c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorney’s fees permitted under this section may be imposed against an employer. (Amended by Stats. 2025, Ch. 433, Sec. 1. (AB 251) Effective January 1, 2026.)
  112. 15657.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

    Verify source ↗

    A claimant seeking a writ of attachment must refer to this section, and attachment can be issued in covered elder or dependent adult financial abuse damages actions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.01. Notwithstanding Section 483.010 of the Code of Civil Procedure, an attachment may be issued in any action for damages pursuant to Section 15657.5 for financial abuse of an elder or dependent adult, as defined in Section 15610.30. The other provisions of the Code of Civil Procedure not inconsistent with this article shall govern the issuance of an attachment pursuant to this section. In an application for a writ of attachment, the claimant shall refer to this section. An attachment may be issued pursuant to this section whether or not other forms of relief are demanded. (Added by Stats. 2007, Ch. 45, Sec. 1. Effective January 1, 2008.)
  113. 15657.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

    Verify source ↗

    A court may use a preponderance-of-the-evidence standard for certain Section 15657 claims when spoliation of evidence is shown, and it must put its findings in writing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.02. (a) (1) Notwithstanding any other law, the court may determine the standard of evidence in any claim for remedies sought under Section 15657 to be a preponderance of the evidence under either of the following circumstances: (A) The plaintiff prevails on a discovery motion pursuant to subdivision (b) of Section 2023.030 of the Code of Civil Procedure due to spoliation of evidence by the defendant. (B) A judge or arbitrator determines at any point during litigation or arbitration that spoliation of evidence has been committed by the defendant. (2) The court shall issue its findings under this subdivision in writing. (b) (1) This section applies only to claims brought against a residential care facility licensed pursuant to the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code), an adult community care facility licensed pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code, except as otherwise provided in paragraph (2). (2) This section does not apply to either of the following: (A) A facility owned or operated by a general acute care hospital, as defined in subdivision (a) of, an acute psychiatric hospital, as defined in subdivision (b) of, or a special hospital, as defined in subdivision (f) of, Section 1250 of, and licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of, the Health and Safety Code. (B) A facility that holds a valid license issued pursuant to subdivision (b) or (c) of Section 1254 of the Health and Safety Code. (c) (1) For purposes of this section, “spoliation of evidence” means the intentional improper alteration of evidence or the intentional concealment or destruction of records, documents, or other evidence that is done by a party, with the intent of preventing the evidence from being produced, and that has materially prejudiced the other party. (2) In determining whether spoliation of evidence has occurred, a judge shall consider whether records, documents, or other evidence is intentionally destroyed in any of the following manners: (A) Prior to the expiration of a legally required time period for holding the records, documents, or other evidence. (B) In contravention of the party’s written records retention policy. (C) After receipt of a written directive to preserve relevant records, documents, or other evidence. (d) For purposes of this section, the records, documents, or other evidence that is the subject of the spoliation shall be material to the claim brought under this article and specifically required to be maintained or preserved by the defendant. (e) This section does not modify the standard of evidence for cases brought under Section 15657.03. (f) The remedy provided in this section is cumulative with any other remedy available by law. (g) The Legislature hereby finds and declares that facilities described in subdivision (b) have an existing duty to refrain from committing spoliation of evidence in actions brought pursuant to Section 15657 and, therefore, this section does not impose a new requirement on those facilities that is reimbursable pursuant to Article 3.8 (commencing with Section 14126), any other law or regulation governing Medi-Cal ratesetting, or the California Medicaid State Plan. (h) If there is a final judicial determination in any action by any party, or a final determination by the Centers for Medicare and Medicaid Services, that the state is required by state or federal law or regulation to provide reimbursement under the Medi-Cal program to the health care facilities described in subdivision (b) for costs associated with this section, and the Legislature does not appropriate sufficient funds to pay for those costs, this section shall become inoperative. (Added by Stats. 2025, Ch. 433, Sec. 2. (AB 251) Effective January 1, 2026. Conditionally inoperative as prescribed by its own provisions.)
  114. 15657.03.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    This section lets an abused elder or dependent adult seek a protective order, and it also limits firearm possession by a person subject to that order.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.03. (a) (1) An elder or dependent adult who has suffered abuse, as defined in Section 15610.07, may seek protective orders as provided in this section. (2) (A) A petition may be brought on behalf of an abused elder or dependent adult by a conservator or a trustee of the elder or dependent adult, an attorney-in-fact of an elder or dependent adult who acts within the authority of a power of attorney, a person appointed as a guardian ad litem for the elder or dependent adult, or other person legally authorized to seek the relief. (B) (i) Subject to clause (ii), if the petition alleges abuse of an elder or dependent adult in the form of isolation, the term “other person legally authorized to seek the relief” as used in subparagraph (A) includes an interested party as defined in paragraph (3) of subdivision (b). (ii) Clause (i) shall apply only for the purpose of seeking an order enjoining isolation under subparagraph (E) of paragraph (5) of subdivision (b). (3) (A) A petition under this section may be brought on behalf of an elder or dependent adult by a county adult protective services agency in either of the following circumstances: (i) If the elder or dependent adult has suffered abuse as defined in subdivision (b) and has an impaired ability to appreciate and understand the circumstances that place the elder or dependent at risk of harm. (ii) If the elder or dependent adult has provided written authorization to a county adult protective services agency to act on that person’s behalf. (B) In the case of a petition filed pursuant to clause (i) of subparagraph (A) by a county adult protective services agency, a referral shall be made to the public guardian consistent with Section 2920 of the Probate Code prior to or concurrent with the filing of the petition, unless a petition for appointment of a conservator has already been filed with the probate court by the public guardian or another party. (C) A county adult protective services agency shall be subject to any confidentiality restrictions that otherwise apply to its activities under law and shall disclose only those facts as necessary to establish reasonable cause for the filing of the petition, including, in the case of a petition filed pursuant to clause (i) of subparagraph (A), to establish the agency’s belief that the elder or dependent adult has suffered abuse and has an impaired ability to appreciate and understand the circumstances that place the elder or dependent adult at risk, and as may be requested by the court in determining whether to issue an order under this section. (b) For purposes of this section: (1) “Abuse” has the meaning set forth in Section 15610.07. (2) “Conservator” means the legally appointed conservator of the person or estate of the petitioner, or both. (3) “Interested party” means an individual with a personal, preexisting relationship with the elder or dependent adult. A preexisting relationship may be shown by a description of past involvement with the elder or dependent adult, time spent together, and any other proof that the individual spent time with the elder or dependent adult. (4) “Petitioner” means the elder or dependent adult to be protected by the protective orders and, if the court grants the petition, the protected person. (5) “Protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment: (A) An order enjoining a party from abusing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner, and, in the discretion of the court, on a showing of good cause, of other named family or household members or a conservator, if any, of the petitioner. On a showing of good cause, in an order issued pursuant to this subparagraph in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may do either or both of the following: (i) Grant the petitioner exclusive care, possession, or control of the animal. (ii) Order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. (B) An order excluding a party from the petitioner’s residence or dwelling, except that this order shall not be issued if legal or equitable title to, or lease of, the residence or dwelling is in the sole name of the party to be excluded, or is in the name of the party to be excluded and any other party besides the petitioner. (C) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A) or (B). (D) (i) After notice and a hearing only, a finding that specific debts were incurred as the result of financial abuse of the elder or dependent adult by the respondent. For purposes of this subparagraph, the acts that may support this order include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. (ii) The finding pursuant to clause (i) shall not entitle the petitioner to any remedies other than those actually set forth in this section. The finding pursuant to clause (i) shall not affect the priority of any lien or other security interest. (E) (i) After notice and a hearing only, an order enjoining a party from abusing an elder or dependent adult by isolating them. An order may be issued under this subparagraph to restrain the respondent for the purpose of preventing a recurrence of isolation if the court finds by a preponderance of the evidence, to the satisfaction of the court, that the following requirements are met: (I) The respondent’s past act or acts of isolation of the elder or dependent adult repeatedly prevented contact with the interested party. (II) The elder or dependent adult expressly desires contact with the interested party. A court shall use all means at its disposal to determine whether the elder or dependent adult desires contact with the person and has the capacity to consent to that contact. (III) The respondent’s isolation of the elder or dependent adult from the interested party was not in response to an actual or threatened abuse of the elder or dependent adult by the interested party or the elder or dependent adult’s desire not to have contact with the interested party. (ii) The order may specify the actions to be enjoined, including enjoining the respondent from preventing the interested party from in-person or remote online visits with the elder or dependent adult, including telephone and online contact. (iii) An order enjoining isolation under this section is not required for an elder or dependent adult to visit with anyone with whom the elder or dependent adult desires visitation. (iv) An order enjoining isolation shall not be issued under this section if the elder or dependent adult resides in a long-term care facility, as defined in Section 9701, or a residential facility, as defined in Section 1502 of the Health and Safety Code. In those cases, action may be taken under appropriate federal law. (v) An order enjoining isolation shall not be issued under this section if the elder or dependent adult is a patient of a health facility as defined in subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code. In those cases, action may be taken under other appropriate state or federal law. (6) “Respondent” means the person against whom the protective orders are sought and, if the petition is granted, the restrained or enjoined person. (c) Except as provided in subdivision (b), an order may be issued under this section, with or without notice, to restrain any person for the purpose of preventing a recurrence of abuse, if a declaration shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse of the petitioning elder or dependent adult. (d) Upon filing a petition for protective orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527 of the Code of Civil Procedure, except to the extent this section provides a rule that is inconsistent. The temporary restraining order may include any of the protective orders described in paragraph (5) of subdivision (b). However, the court may issue an ex parte order excluding a party from the petitioner’s residence or dwelling only on a showing of all of the following: (1) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises. (2) That the party to be excluded has assaulted or threatens to assault the petitioner, other named family or household member of the petitioner, or a conservator of the petitioner. (3) That physical or emotional harm would otherwise result to the petitioner, other named family or household member of the petitioner, or a conservator of the petitioner. (e) A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (f) Within 21 days, or, if good cause appears to the court, 25 days, from the date that a request for a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed. (g) The respondent may file a response that explains or denies the alleged abuse. (h) The court may issue, upon notice and a hearing, any of the orders set forth in paragraph (5) of subdivision (b). The court may issue, after notice and hearing, an order excluding a person from a residence or dwelling if the court finds that physical or emotional harm would otherwise result to the petitioner, other named family or household member of the petitioner, or conservator of the petitioner. (i) (1) In the discretion of the court, an order issued after notice and a hearing under this section may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed upon the request of a party, either for five years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order. (2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the right to notice if that party is physically present in court and does not challenge the sufficiency of the notice. (j) In a proceeding under this section, a support person may accompany a party in court and, if the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the party’s attorney. The support person is present to provide moral and emotional support for a person who alleges to be a victim of abuse. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges to be a victim of abuse in feeling more confident that the alleged abuse victim will not be injured or threatened by the other party during the proceedings if the person who alleges to be a victim of abuse and the other party are required to be present in close proximity. This subdivision does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person. (k) (1) Except as provided in paragraph (2), upon the filing of a petition for protective orders under this section, the respondent shall be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition. Service shall be made at least five days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. (2) Commencing January 1, 2027, if the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made. (l) A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years. (m) The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition. (n) (1) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion. (2) If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order. (o) (1) If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order. (2) If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent that is available to the court. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form: “If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.” (p) (1) Information on a protective order relating to elder or dependent adult abuse issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3). (2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner, and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner. (3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS). (B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly. (4) Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported abuse. (5) An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported abuse involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service, which the officer shall complete and send to the issuing court. (6) Upon receiving information at the scene of an incident of abuse that a protective order has been issued under this section, or that a person who has been taken into custody is the respondent to that order, if the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order. (7) If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and where a written copy of the order can be obtained, and the officer shall at that time also enforce the order. The law enforcement officer’s oral notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes of this section and for the purposes of Section 273.6 of the Penal Code. (8) This subdivision does not apply, and the protective order shall not be subject to the requirements of Section 6380 of the Family Code, if the protective order issued pursuant to this section was made solely on the basis of isolation unaccompanied by force, threat, harassment, intimidation, or any other form of abuse. (q) This section does not preclude either party from representation by private counsel or from appearing on the party’s own behalf. (r) (1) There shall not be a filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order filed in a proceeding brought pursuant to this section. (2) (A) Commencing January 1, 2027, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically at no charge to the petitioner. The court shall, based on the time of the receipt, act on those filings consistent with subdivision (e). (B) The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to a petitioner who filed the petition electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. (s) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, a petitioner shall not be required to pay a fee for law enforcement to serve an order issued under this section. (t) The prevailing party in an action brought under this section may be awarded court costs and attorney’s fees, if any. (u) (1) A person subject to a protective order under this section shall not own, possess, purchase, receive, or attempt to receive a firearm or ammunition while the protective order is in effect. (2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms that the person owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure. (3) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm or ammunition while subject to a protective order issued under this section is punishable pursuant to Section 29825 of the Penal Code. (4) This subdivision does not apply in a case in which a protective order issued under this section was made solely on the basis of financial abuse or isolation unaccompanied by force, threat, harassment, intimidation, or any other form of abuse. (v) In a proceeding brought under paragraph (3) of subdivision (a), all of the following apply: (1) Upon the filing of a petition for a protective order, the elder or dependent adult on whose behalf the petition has been filed shall receive a copy of the petition, a notice of the hearing, and any declarations submitted in support of the petition. The elder or dependent adult shall receive this information at least five days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for provision of this information to the elder or dependent adult. (2) The adult protective services agency shall make reasonable efforts to assist the elder or dependent adult to attend the hearing in person or by remote means and provide testimony to the court, if that person wishes to do so. If the elder or dependent adult does not attend the hearing, the agency shall provide information to the court at the hearing regarding the reasons why the elder or dependent adult is not in attendance. (3) Upon the filing of a petition for a protective order and upon issuance of an order granting the petition, the county adult protective services agency shall take all reasonable steps to provide for the safety of the elder or dependent adult, pursuant to Chapter 13 (commencing with Section 15750), which may include, but are not limited to, facilitating the location of alternative accommodations for the elder or dependent adult, if needed. (w) Commencing January 1, 2027, a party, representative of the county adult protective services agency, or witness may appear remotely at the hearing on a petition for a protective order under this section. The superior court of each county shall not charge a fee for any of these persons to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website. (x) Willful disobedience of a temporary restraining order or restraining order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code. (y) This section does not apply to any action or proceeding governed by Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code, Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, or Division 10 (commencing with Section 6200) of the Family Code. This section does not preclude a petitioner’s right to use other existing civil remedies. (z) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The petition and response forms shall be simple and concise, and shall be used by parties in actions brought pursuant to this section. (2) On or before February 1, 2023, the Judicial Council shall revise or promulgate forms as necessary to implement the changes made by the act that added this paragraph. (aa) When issuing a protective order pursuant to this section for abuse involving acts described in paragraph (1) or (2) of subdivision (a) of Section 15610.07, after notice and a hearing, the court may, if appropriate, also issue an order requiring the restrained party to participate in mandatory clinical counseling or anger management courses provided by a counselor, psychologist, psychiatrist, therapist, clinical social worker, or other mental or behavioral health professional licensed in the state to provide those services. (ab) (1) Commencing January 1, 2027, information regarding electronic filing and access to the superior court’s self-help center shall be prominently displayed on each superior court’s home page. (2) Each self-help center shall maintain and make available information related to elder abuse restraining orders pursuant to this section. (Amended by Stats. 2025, Ch. 267, Sec. 5. (AB 561) Effective January 1, 2026.)
  115. 15657.04.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    The court must generally bar enjoined parties from trying to find a protected person’s address or location, unless good cause exists not to make that order. The Judicial Council must develop forms to carry out this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.04. (a) The court shall order that any party enjoined pursuant to Section 15657.03 be prohibited from taking any action to obtain the address or location of any protected person, unless there is good cause not to make that order. (b) The Judicial Council shall develop forms necessary to effectuate this section. (Amended by Stats. 2010, Ch. 572, Sec. 27. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
  116. 15657.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    If abduction is proven by clear and convincing evidence, the court must award the plaintiff reasonable attorney’s fees and costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.05. Where it is proven by clear and convincing evidence that an individual is liable for abduction, as defined in Section 15610.06, in addition to all other remedies otherwise provided by law: (a) (1) The court shall award to the plaintiff reasonable attorney’s fees and costs. The term “costs” shall include, but is not limited to, costs of representing the abductee and his or her family in this state and any other state in any action related to the abduction and returning of the abductee to this state, as well as travel expenses for returning the abductee to this state and reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. (2) The award of attorney’s fees shall be governed by the principles set forth in Section 15657.1. (b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code. (c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorney’s fees permitted under this section may be imposed against an employer. (Added by Stats. 1997, Ch. 663, Sec. 4. Effective January 1, 1998.)
  117. 15657.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    Attorney’s fees under Section 15657(a) must be set based on the value of the services rendered and related listed factors.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.1. The award of attorney’s fees pursuant to subdivision (a) of Section 15657 shall be based on all factors relevant to the value of the services rendered, including, but not limited to, the factors set forth in Rule 4-200 of the Rules of Professional Conduct of the State Bar of California, and all of the following: (a) The value of the abuse-related litigation in terms of the quality of life of the elder or dependent adult, and the results obtained. (b) Whether the defendant took reasonable and timely steps to determine the likelihood and extent of liability. (c) The reasonableness and timeliness of any written offer in compromise made by a party to the action. (Amended by Stats. 1994, Ch. 594, Sec. 23.5. Effective January 1, 1995.)
  118. 15657.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    Claims for injury or damage against a health care provider based on alleged professional negligence are governed by the laws that specifically apply to those professional-negligence claims.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.2. Notwithstanding this article, any cause of action for injury or damage against a health care provider, as defined in Section 340.5 of the Code of Civil Procedure, based on the health care provider’s alleged professional negligence, shall be governed by those laws which specifically apply to those professional negligence causes of action. (Added by Stats. 1991, Ch. 774, Sec. 3.)
  119. 15657.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    This section gives probate-conservatorship superior courts concurrent jurisdiction over certain elder-abuse and abduction cases, but can require transfer to the general civil calendar in some situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.3. (a) The department of the superior court having jurisdiction over probate conservatorships shall also have concurrent jurisdiction over civil actions and proceedings involving a claim for relief arising out of the abduction, as defined in Section 15610.06, or the abuse of an elderly or dependent adult, if a conservator has been appointed for the plaintiff prior to the initiation of the action for abuse. (b) The department of the superior court having jurisdiction over probate conservatorships shall not grant relief under this article if the court determines that the matter should be determined in a civil action, but shall instead transfer the matter to the general civil calendar of the superior court. The court need not abate a proceeding for relief pursuant to this article if the court determines that the civil action was filed for the purpose of delay. (c) The death of the elder or dependent adult does not cause the court to lose jurisdiction of a claim for relief for abuse of that elder or dependent adult. (d) (1) Subject to paragraph (2) and subdivision (e), after the death of the elder or dependent adult, the right to commence or maintain an action shall pass to the personal representative of the decedent. If there is no personal representative, the right to commence or maintain an action shall pass to any of the following, if the requirements of Section 377.32 of the Code of Civil Procedure are met: (A) An intestate heir whose interest is affected by the action. (B) The decedent’s successor in interest, as defined in Section 377.11 of the Code of Civil Procedure. (C) An interested person, as defined in Section 48 of the Probate Code, as limited in this subparagraph. As used in this subparagraph, “an interested person” does not include a creditor or a person who has a claim against the estate and who is not an heir or beneficiary of the decedent’s estate. (2) If the personal representative refuses to commence or maintain an action or if the personal representative’s family or an affiliate, as those terms are defined in subdivision (c) of Section 1064 of the Probate Code, is alleged to have committed abuse of the elder or dependent adult, the persons described in subparagraphs (A), (B), and (C) of paragraph (1) shall have standing to commence or maintain an action for elder abuse. This paragraph does not require the court to resolve the merits of an elder abuse action for purposes of finding that a plaintiff who meets the qualifications of subparagraphs (A), (B), and (C) of paragraph (1) has standing to commence or maintain such an action. (e) If two or more persons who are either described in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (d) or a personal representative claim to have standing to commence or maintain an action for elder abuse, upon petition or motion, the court in which the action or proceeding is pending, may make any order concerning the parties that is appropriate to ensure the proper administration of justice in the case pursuant to Section 377.33 of the Code of Civil Procedure. (f) This section does not affect the applicable statute of limitations for commencing an action for relief for abuse of an elderly or dependent adult. (Amended by Stats. 2008, Ch. 179, Sec. 249. Effective January 1, 2009.)
  120. 15657.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    If a defendant is proven liable for financial abuse, the court must award the plaintiff reasonable attorney’s fees and costs, and certain judgments must say so.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.5. (a) Where it is proven by a preponderance of the evidence that a defendant is liable for financial abuse, as defined in Section 15610.30, in addition to compensatory damages and all other remedies otherwise provided by law, the court shall award to the plaintiff reasonable attorney’s fees and costs. The term “costs” includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. (b) Where it is proven by a preponderance of the evidence that a defendant is liable for financial abuse, as defined in Section 15610.30, and where it is proven by clear and convincing evidence that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse, in addition to reasonable attorney’s fees and costs set forth in subdivision (a), compensatory damages, and all other remedies otherwise provided by law, the limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. (c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any punitive damages may be imposed against an employer found liable for financial abuse as defined in Section 15610.30. This subdivision shall not apply to the recovery of compensatory damages or attorney’s fees and costs. (d) Nothing in this section affects the award of punitive damages under Section 3294 of the Civil Code. (e) Any money judgment in an action under this section shall include a statement that the damages are awarded based on a claim for financial abuse of an elder or dependent adult, as defined in Section 15610.30. If only part of the judgment is based on that claim, the judgment shall specify what amount was awarded on that basis. (Amended (as amended by Stats. 2010, Ch. 64, Sec. 5) by Stats. 2011, Ch. 296, Sec. 336. (AB 1023) Effective January 1, 2012.)
  121. 15657.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    A person or entity that takes or keeps an elder’s or dependent adult’s property must return it on demand if the person lacked capacity or was of unsound mind, unless the property came from an agreement made when the elder or dependent adult had capacity.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.6. A person or entity that takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining the real or personal property of an elder or dependent adult when the elder or dependent adult lacks capacity pursuant to Section 812 of the Probate Code, or is of unsound mind, but not entirely without understanding, pursuant to Section 39 of the Civil Code, shall, upon demand by the elder or dependent adult or a representative of the elder or dependent adult, as defined in subdivision (d) of Section 15610.30, return the property and if that person or entity fails to return the property, the elder or dependent adult shall be entitled to the remedies provided by Section 15657.5, including attorney’s fees and costs. This section shall not apply to any agreement entered into by an elder or dependent adult when the elder or dependent adult had capacity. (Added by Stats. 2008, Ch. 475, Sec. 3. Effective January 1, 2009.)
  122. 15657.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    A damages action for financial abuse of an elder or dependent adult must be filed within four years after discovery of the facts, or when they should have been discovered with reasonable diligence.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.7. An action for damages pursuant to Sections 15657.5 and 15657.6 for financial abuse of an elder or dependent adult, as defined in Section 15610.30, shall be commenced within four years after the plaintiff discovers or, through the exercise of reasonable diligence, should have discovered, the facts constituting the financial abuse. (Added by Stats. 2008, Ch. 475, Sec. 4. Effective January 1, 2009.)
  123. 15657.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. )

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    Settlement agreements in elder or dependent adult abuse cases may not include gag or withdrawal clauses that block reporting, cooperation, complaints, or communications with listed agencies and related entities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 8.5. Civil Actions for Abuse of Elderly or Dependent Adults [15657 - 15657.8] ( Article 8.5 added by Stats. 1991, Ch. 774, Sec. 3. ) ## 15657.8. (a) An agreement to settle a civil action for physical abuse, as defined in Section 15610.63, neglect, as defined in Section 15610.57, or financial abuse, as defined in Section 15610.30, of an elder or dependent adult shall not include any of the following provisions, whether the agreement is made before or after filing the action: (1) A provision that prohibits any party to the dispute from contacting or cooperating with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined in Section 4900, or the defendant’s current employer if the defendant’s job responsibilities include contact with elders, dependent adults, or children, provided that the party contacting or cooperating with one of these entities had a good faith belief that the information he or she provided is relevant to the concerns, duties, or obligations of that entity. (2) A provision that prohibits any party to the dispute from filing a complaint with, or reporting any violation of law to, the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined in Section 4900, or the defendant’s current employer if the defendant’s job responsibilities include contact with elders, dependent adults, or children. (3) A provision that requires any party to the dispute to withdraw a complaint he or she has filed with, or a violation he or she has reported to, the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined in Section 4900, or the defendant’s current employer if the defendant’s job responsibilities include contact with elders, dependent adults, or children. (b) A provision described in subdivision (a) is void as against public policy. (c) This section shall apply only to an agreement entered on or after January 1, 2013. (Amended by Stats. 2014, Ch. 442, Sec. 40. (SB 1465) Effective September 18, 2014.)
  124. 15658.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 9. Reporting Forms [15658- 15658.] ( Article 9 added by Stats. 1994, Ch. 594, Sec. 24. )

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    This section requires written abuse reports to be submitted using approved forms or, if a county or ombudsman program chooses, a confidential internet reporting tool, and it sets monthly and quarterly reporting duties for county and ombudsman programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 9. Reporting Forms [15658- 15658.] ( Article 9 added by Stats. 1994, Ch. 594, Sec. 24. ) ## 15658. (a) A written abuse report, as required by this chapter, shall be submitted in one of the following ways: (1) On a form adopted by the State Department of Social Services after consultation with representatives of the various law enforcement agencies, the California Department of Aging, the State Department of Developmental Services, the State Department of State Hospitals, the division, professional medical and nursing agencies, hospital associations, and county welfare departments. These reporting forms shall be distributed by the county adult protective services agencies and the long-term care ombudsman programs. This reporting form may also be used for documenting the telephone report of a known or suspected instance of abuse of an elder or dependent adult by the county adult protective services agency, local ombudsman program, and local law enforcement agencies. (2) Through a confidential internet reporting tool, if the county or long-term care ombudsman program chooses to implement such a system. This internet reporting tool shall be developed and implemented in a manner that ensures the confidentiality and security of all information contained in the reports, pursuant to the confidentiality standards set forth in Sections 10850, 15633, and 15633.5. (A) A county or long-term care ombudsman program that chooses to implement this system shall report to the Assembly Committee on Aging and Long-Term Care, the Assembly Committee on Human Services, the Senate Committee on Human Services, the Assembly Committee on Public Safety, and the Senate Committee on Public Safety one year after full implementation. The report shall include changes in the number of mandated reporters reporting through the confidential internet reporting tool, changes in the number of abandoned calls, and any other quantitative or qualitative data that indicate the success, or lack thereof, in employing a confidential internet reporting tool to better protect the safety and financial security of elder and dependent adults. (B) Information sent and received through the confidential internet reporting tool shall be used only for its intended purpose and shall be subject to the same confidentiality and privacy requirements that govern nonelectronic transmission of the same information, and that are set forth in Sections 10850, 15633, and 15633.5. (b) The form required by this section and the confidential internet reporting tool, if implemented, shall contain the following items: (1) The name, address, telephone number, and occupation of the person reporting. (2) The name and address of the victim. (3) The date, time, and place of the incident. (4) Other details, including the reporter’s observations and beliefs concerning the incident. (5) Any statement relating to the incident made by the victim. (6) The name of any individuals believed to have knowledge of the incident. (7) The name of the individuals believed to be responsible for the incident and their connection to the victim. (c) (1) Each county adult protective services agency shall report to the State Department of Social Services monthly on the reports received pursuant to this chapter. The reports shall be made on forms adopted by the department. The information reported shall include, but shall not be limited to, the number of incidents of abuse, the number of persons abused, the type of abuse sustained, and the actions taken on the reports. For purposes of these reports, sexual abuse shall be reported separately from physical abuse. (2) The county’s report to the department shall not include reports it receives from the long-term care ombudsman program pursuant to subdivision (d). (3) The department shall refer to the division monthly data summaries of the reports of elder and dependent adult abuse, neglect, abandonment, isolation, financial abuse, and other abuse it receives from county adult protective services agencies. (d) Each long-term care ombudsman program shall report to the Office of the State Long-Term Care Ombudsman of the California Department of Aging monthly on the reports it receives pursuant to this chapter and shall send a copy to the county adult protective services agency. The Office of the State Long-Term Care Ombudsman shall submit a summarized quarterly report to the department based on the monthly reports submitted by local long-term care ombudsman programs. The reports shall be on forms adopted by the department and the Office of the State Long-Term Care Ombudsman. The information reported shall include, but shall not be limited to, the number of incidents of abuse, the numbers of persons abused, the type of abuse, and the actions taken on the reports. For purposes of these reports, sexual abuse shall be reported separately from physical abuse. (Amended by Stats. 2021, Ch. 554, Sec. 20. (SB 823) Effective January 1, 2022.)
  125. 15659.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 10. Employee Statement [15659- 15659.] ( Article 10 added by Stats. 1994, Ch. 594, Sec. 25. )

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    Certain new employees must sign a mandated reporter statement before starting work, and employers or agencies must give, keep, or send the required statement and related Section 15630 information.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 10. Employee Statement [15659- 15659.] ( Article 10 added by Stats. 1994, Ch. 594, Sec. 25. ) ## 15659. (a) Any person who enters into employment on or after January 1, 1995, as a care custodian, clergy member, health practitioner, or with an adult protective services agency or a local law enforcement agency, prior to commencing his or her employment and as a prerequisite to that employment, shall sign a statement on a form that shall be provided by the prospective employer, to the effect that he or she has knowledge of Section 15630 and will comply with its provisions. The employer shall provide a copy of Section 15630 to the employee. The statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations under Section 15630. The signed statement shall be retained by the employer. (b) Agencies or facilities that employ persons who were employed prior to January 1, 1995, and who are required to make reports pursuant to Section 15630, shall inform those persons of their responsibility to make reports by delivering to them a copy of the statement specified in subdivision (a). (c) The cost of printing, distribution, and filing of these statements shall be borne by the employer. (d) On and after January 1, 1995, when a person is issued a state license or certificate to engage in a profession or occupation the members of which are required to make a report pursuant to Section 15630, the state agency issuing the license or certificate shall send to the person a statement substantially similar to the one contained in subdivision (a) at the same time that it transmits to the person the document indicating licensure or certification. (e) As an alternative to the procedure required by subdivision (d), a state agency may cause the required statement to be printed on all application forms for a license or certificate printed on or after January 1, 1995. (f) The retention of statements required by subdivision (a), and the delivery of statements required by subdivision (b), shall be the full extent of the employer’s duty pursuant to this section. The failure of any employee or other person associated with the employer to report abuse of elders or dependent adults pursuant to Section 15630 or otherwise meet the requirements of this chapter shall be the sole responsibility of that person. The employer or facility shall incur no civil or other liability for the failure of these persons to comply with the requirements of this chapter. (Amended by Stats. 2002, Ch. 54, Sec. 12.7. Effective January 1, 2003.)
  126. 15660.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 11. Criminal Record Reporting [15660- 15660.] ( Heading of Article 11 renumbered from Article 6 by Stats. 1994, Ch. 594, Sec. 26. )

    Verify source ↗

    The Department of Justice must run criminal record checks for certain care workers when an employer requests it and submits fingerprints, and it must notify the employer of the result. Counties must also tell applicants and recipients that the check is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675] ( Heading of Chapter 11 amended by Stats. 1991, Ch. 774, Sec. 1. ) ## ARTICLE 11. Criminal Record Reporting [15660- 15660.] ( Heading of Article 11 renumbered from Article 6 by Stats. 1994, Ch. 594, Sec. 26. ) ## 15660. (a) The Department of Justice shall secure any criminal record of a person to determine whether the person has ever been convicted of a violation or attempted violation of Section 243.4 of the Penal Code, a sex offense against a minor, or of any felony that requires registration pursuant to Section 290 of the Penal Code, or whether the person has been convicted or incarcerated within the last 10 years as the result of committing a violation or attempted violation of Section 273a or 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, or as the result of committing a theft, robbery, burglary, or any felony, and shall provide a subsequent arrest notification pursuant to Section 11105.2 of the Penal Code, if both of the following conditions are met: (1) An employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. For purposes of this paragraph, “employer” includes, but is not limited to, an in-home supportive services recipient, as defined by Section 12302.2, an aged or disabled adult who is ineligible for benefits under Chapter 3 (commencing with Section 12000), who receives care by a person as described in paragraph (2), any recipient of personal care services under the Medi-Cal program pursuant to Sections 14132.95 to 14132.97, inclusive, and any public authority or nonprofit consortium, as described in subdivision (a) of Section 12301.6. (2) The person is unlicensed and provides nonmedical domestic or personal care to an aged or disabled adult in the adult’s own home. (b) (1) If it is found that the person has ever been convicted of a violation or attempted violation of Section 243.4 of the Penal Code, a sex offense against a minor, or of any felony which requires registration pursuant to Section 290 of the Penal Code, or that the person has been convicted or incarcerated within the last 10 years as the result of committing a violation or attempted violation of Section 273a or 273d, or subdivision (a) or (b) of Section 368, of the Penal Code, or as the result of committing a theft, robbery, burglary, or any felony, the Department of Justice shall notify the employer of that fact. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact. (2) Any employer may deny employment to any person who is the subject of a report under paragraph (1) when the report indicates that the person has committed any of the crimes identified in paragraph (1). (3) Nothing in this section shall be construed to require any employer to hire any person who is the subject of a report under paragraph (1) when the report indicates that the person has not committed any of the crimes indicated in paragraph (1). (c) (1) Fingerprints shall be on a card provided by the Department of Justice for the purpose of obtaining a set of fingerprints. The employer shall submit the fingerprints to the Department of Justice. Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the employer 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 employer with a statement of that fact as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints, notify the employer that the fingerprints were illegible. (2) Fingerprints may be taken by any local law enforcement officer or agency for purposes of paragraph (1). (3) Counties shall notify any recipient of, or applicant for, in-home supportive services or personal care services under the Medi-Cal program, upon his or her application for in-home supportive services or personal care services or during his or her annual redetermination, or upon the recipient’s changing providers, that a criminal record check is available, and that the check can be performed by the Department of Justice. (d) (1) The Department of Justice shall charge a fee to the employer to cover the costs of administering this section. (2) (A) If the employer is an in-home supportive services recipient, as defined in Section 123202.2, a recipient of personal care services under the Medi-Cal program pursuant to Sections 14132.95 to 14132.97, inclusive, or any public authority or nonprofit consortium as described in subdivision (a) of Section 12301.6, the fee shall be shared by the county and the state in the same ratio as described in Section 12306. (B) (i) Notwithstanding any other provision of law, and except as provided in clause (ii), the department shall, no later than January 1, 2009, implement subparagraph (A) through an all-county letter from the director. (ii) No later than July 1, 2009, the department shall adopt regulations to implement the provisions listed in subparagraph (A). (e) It is the intent of the Legislature that the Department of Justice charge a fee to cover its cost in providing services in accordance with this section to comply with the 30-calendar-day requirement for provision to the department of the criminal record information, as contained in subdivision (c). (Amended by Stats. 2009, Ch. 140, Sec. 217. (AB 1164) Effective January 1, 2010.)
  127. 15700.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 1. General [15700- 15700.] ( Article 1 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    The Legislature states that elder and dependent adults may face abuse, neglect, or abandonment, and says this chapter is meant to provide temporary emergency protective custody when they are suspected victims and face an immediate risk of serious injury or death.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 1. General [15700- 15700.] ( Article 1 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15700. (a) The Legislature finds and declares all of the following: (1) Elder and dependent adults may be subjected to abuse, neglect, or abandonment, and that this state has a responsibility to protect those persons. (2) Most elder and dependent adults who are at greatest risk of abuse, neglect, or abandonment by their families or caretakers, suffer physical impairments and other poor health that place them in a dependent and vulnerable position. (3) A significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection. (4) In cases of severe elder and dependent adult abuse or neglect, endangered adults are often placed in situations that pose an immediate risk of serious injury or death. (5) In cases of severe elder and dependent adult abuse or neglect, endangered adults are frequently deprived of their personal autonomy and dignity by their abusers, thus preventing them from acting on their own needs or desires to free themselves from serious, and even life-threatening, abuse or neglect. (6) Due to limited resources, court delays, and limitations of existing law, authorities are often unable to intervene in time to prevent victims of abuse and neglect from being seriously injured or killed. (7) These limitations have left endangered adults, or elder and dependent adults subject to avoidable pain, suffering, and death, and has resulted in the expenditure of public funds of the treatment of major injuries and health conditions that could have been avoided with proper and timely intervention. (b) It is the intent of the Legislature, in enacting this chapter, to enhance the protection of elderly persons and dependent adults by providing a mechanism for temporary emergency protective custody of elderly or dependent adults who are suspected victims of abuse or neglect, and who are found to be in a situation that poses an immediate risk of serious injury or death, and when no other means are available to mitigate the risk to the elderly or dependent adult. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  128. 15701.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    The definitions in this article, and in Chapter 11, control how this chapter is read.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15701. The definitions contained in this article and Chapter 11 (commencing with Section 15600) shall govern the construction of this chapter. (Amended by Stats. 2002, Ch. 54, Sec. 13. Effective January 1, 2003.)
  129. 15701.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    This section defines “appropriate temporary residence” and says the chapter cannot be used to bypass involuntary detention and evaluation or to place someone in jail or a correctional treatment center.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15701.05. “Appropriate temporary residence” means any of the following: (a) A home or dwelling belonging to a member of the endangered adult’s family or next of kin, if it would not constitute a risk to the endangered or dependent adult. (b) An adult residential care facility or residential care facility for the elderly designated by the county as an emergency shelter and that is licensed by the State of California to deal with the needs of elder or dependent adults. (c) A 24-hour health facility, as designated by Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (d) Any other home, dwelling, or congregate care unit that meets the needs of the adult. (e) This chapter shall not be used to circumvent or supplant the involuntary detention and evaluation process provided for pursuant to Chapter 2 (commencing with Section 5150) of Part 1 of Division 5. A person shall not be deemed an “endangered adult” for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone, in lieu of medical treatment. (f) This chapter shall not be used to effectuate placement in jails or correctional treatment centers, as defined in paragraph (1) of subdivision (j) of Section 1250 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 85, Sec. 68. (AB 135) Effective July 16, 2021.)
  130. 15701.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    This section defines “endangered adult” as a dependent or elder adult at immediate risk of serious injury or death from suspected abuse or neglect who cannot protect himself or herself from the consequences of staying in that situation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15701.25. “Endangered adult” means a dependent or elder adult who is at immediate risk of serious injury or death, due to suspected abuse or neglect and who demonstrates the inability to take action to protect himself or herself from the consequences of remaining in that situation or condition. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  131. 15701.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    This section defines “appropriate temporary protective services” as services used to protect an endangered adult from immediate serious injury or death from suspected abuse or neglect, and to remedy those effects based on the adult’s needs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 2. Definitions [15701 - 15701.4] ( Article 2 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15701.4. “Appropriate temporary protective services” means those services provided to ensure that the endangered adult is protected from the immediate risk of serious injury or death due to suspected abuse or neglect, and that the effects of the abuse or neglect are remedied in accordance with the endangered adult’s needs. These services may include, but not be limited to, any of the following: (a) Social services case work and case management, including, but not limited to, evaluations of the endangered adult’s functional capacity and community resources. (b) The development of an appropriate individualized service plan. (c) Appropriate referral and emergency response services. (d) Counseling. (e) Temporary shelter. (f) Emergency services. (g) Respite services. (h) Alternative housing and housing assistance. (i) In-home supportive services. (j) Adaptive equipment. (k) Transportation. (l) Psychology services. (m) Other health related services and referrals to legal services and advocate agencies. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  132. 15703.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    Certain authorized officers or county employees may take an endangered adult into temporary emergency protective custody and start protective proceedings, and they must arrange hospital transport and notifications in specified cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15703. (a) When, from personal observation, an authorized state or local law enforcement officer or designated employee of a county department of social services or mental health determines that an adult is an endangered adult, and no other option is available to mitigate the circumstances of that adult, the person may take the endangered adult into temporary emergency protective custody, and initiate adult protective proceedings. (b) When an authorized person takes an endangered adult into temporary emergency protective custody and initiates adult protective proceedings, the person shall cause the endangered adult to be transported to a hospital as soon as possible if medical evaluation and any necessary treatment is required. (c) Upon taking an endangered adult into custody pursuant to this chapter, the law enforcement agency taking the endangered adult into custody shall notify: (1) The superior court. (2) The endangered person’s next of kin, when appropriate. (3) Adult protective services. (d) This article shall not apply to state-licensed facilities. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  133. 15703.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    A physician treating an adult may delay release of the adult if the physician determines the person is an endangered adult.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15703.05. Whether or not medical treatment is required, a physician treating an adult may, if he or she determines that the person is an endangered adult, delay the release of the endangered adult until a local law enforcement agency takes custody of the endangered adult, it is determined by the responding agency the adult is not endangered, or the responding agency takes other appropriate action to ensure the safety of the endangered adult. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  134. 15703.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    Temporary emergency protective custody may last no longer than the first court day, and in any event no more than 72 hours after the adult is taken into custody. The adult must then be moved to an appropriate temporary residence while the investigation and judicial hearing proceed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15703.1. (a) Temporary emergency protective custody under this chapter shall not exceed a period commencing at the time the endangered adult has been taken into protective custody to the first court day commencing not more than 72 hours thereafter. (b) Upon being taken into temporary emergency custody, the endangered adult shall be transferred to an appropriate temporary residence, pending the outcome of investigation and judicial hearing required by this chapter. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  135. 15705.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    A designated county agency must investigate and file a petition within 24 hours after temporary emergency protective custody begins, and the court must hold and decide the matter within the stated time limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705. (a) A designated county agency shall initiate an investigation and file a petition for issuance of an emergency protective services order within 24 hours after the endangered adult has been taken into temporary emergency protective custody. (b) (1) The court shall hold a preliminary hearing no later than the first court day commencing after a period of 48 hours after the endangered adult has been taken into temporary emergency custody to establish probable cause for grounds for protective custody. (2) The court shall render its decision on the petition no later than the first court day following a period of 72 hours after the endangered adult has been taken into protective custody. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  136. 15705.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    If the court finds no probable cause at the preliminary hearing, the adult must be released from temporary protective custody.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.05. If, as a result of the preliminary hearing, the court determines that probable cause does not exist to continue temporary emergency protective custody, the adult shall be released from temporary protective custody. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  137. 15705.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    A court may order emergency protective services for an adult if probable cause still exists and the court finds the adult is endangered and no other appropriate way exists to reduce the risk of serious bodily harm or death.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.1. If, as a result of the preliminary hearing, the court determines that probable cause continues to exist for temporary emergency protective custody, the court may issue an order authorizing the provision of protective services on an emergency basis to an adult after finding on the record, based on clear and convincing evidence, that all of the following apply: (a) The adult is an endangered adult. (b) No other appropriate means are available to mitigate the situation that placed the endangered adult at risk of serious bodily harm or death. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  138. 15705.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    When a court issues an emergency order under this article, it must limit the order to necessary protective services, avoid hospitalization or a change of residence unless specifically approved, appoint a temporary conservator, and keep the order to 14 days maximum (excluding weekends and legal holidays) pending a long-term custody hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.15. In issuing an emergency order under this article, the court shall adhere to all of the following limitations: (a) Only those protective services that are necessary to remove the conditions creating the emergency shall be ordered, and the court shall specifically designate the approved services in the emergency order. (b) Protective services authorized by an emergency order shall not include hospitalization or a change of residence unless the court specifically finds that action is necessary and gives specific approval for that action in its order. (c) Protective services may be provided through an emergency order for no more than 14 days, exclusive of Saturdays, Sundays, and legal holidays pending a hearing for long-term custody. (d) (1) In its emergency order under this article, the court shall appoint the petitioner, next of kin, or other interested person, as appropriate, as a temporary conservator of the endangered adult. (2) The court’s appointee shall be responsible for the care of the endangered adult. (3) The court’s appointee may, until the expiration of the court’s order, give consent for the provision of protective services for the endangered adult, in accordance with the emergency order. (e) The issuance of an emergency order and the appointment of a temporary conservator of the endangered adult shall not deprive that endangered adult of any rights except to the extent provided in the order of appointment. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  139. 15705.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    A petitioner seeking an emergency order under this article must include specified information in the petition.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.2. A petition for an emergency order under this article shall set forth all of the following information: (a) The name, address, and interest of the petitioner. (b) The name, age, and address of the person in need of protective service. (c) The proposed protective services. (d) The petitioner’s reasonable belief, together with facts supportive thereof, of the existence of those circumstances that warrant the issuance of an emergency order. (e) A statement of the petitioner’s attempts to obtain the consent of the person for whom the protective services are proposed, and the outcome of those attempts. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  140. 15705.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    Notice of a petition for an emergency order must be given at least 24 hours before the hearing, and the court may waive that notice in urgent harm situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.25. (a) Notice of the filing of a petition for an emergency order shall be given, in language as understandable by the endangered adult as reasonably possible, at least 24 hours prior to the hearing on the petition for emergency intervention. (b) The court may waive the 24-hour notice requirement on a showing that immediate and reasonably foreseeable physical harm to the person or other persons will result from the 24-hour delay, and reasonable attempts have been made to give notice. Notice of the final order of the court shall be given to each of the parties to the petition hearing. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  141. 15705.30.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    This section sets hearing rules for emergency order petitions, including the person’s presence, the right to counsel, the timing of the hearing, and the court’s duty to state its findings.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.30. The hearing on a petition for an emergency order under this article shall be held under all of the following conditions: (a) The person with respect to whom an emergency order is sought shall be present unless that person knowingly and voluntarily waives the right to be present or due to the person’s physical or psychological condition, he or she is unable to be present. Waiver or inability to be present shall not be presumed from that nonappearance of the endangered adult, but shall be determined on the basis of factual information supplied to the court by counsel or a representative appointed by the court. (b) The endangered adult has the right to counsel, regardless of whether he or she is present at the hearing. If the person is indigent or lacks the capacity to waive counsel, the court shall appoint counsel. The attorney shall advise the endangered adult of his or her rights in relation to the proceeding and shall represent him or her before the court. (c) The endangered adult or his or her representative may present evidence and cross-examine witnesses. (d) The hearing shall be held no earlier than 24 hours after the notice of the hearing has been given, unless the notice has been waived by the court. (e) The court shall issue, for the record, a statement of its findings in support of any order for emergency protective services. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  142. 15705.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    Before implementing this article, a law enforcement agency must sign an agreement with the county adult protective services agency that sets the protocol to be followed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.35. Before any law enforcement agency may implement this article, including the taking of any person into protective custody pursuant to Section 15703, the law enforcement agency shall enter into a signed agreement with the county adult protective services agency that specifies the protocol that the county and the law enforcement agency shall follow in implementing this article. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  143. 15705.37.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    This chapter applies in a county only if the county board of supervisors adopts a resolution making it operative there.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.37. This chapter shall be operative in a county only if the county board of supervisors has adopted a resolution to make this chapter operative in that county. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  144. 15705.40.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. )

    Verify source ↗

    This article may not be used to get around the involuntary commitment process tied to Chapter 2 (including Section 5150).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 12. Protective Placements and Custody of Endangered Adults [15700 - 15705.40] ( Chapter 12 added by Stats. 1996, Ch. 913, Sec. 1. ) ## ARTICLE 3. Protective Services [15703 - 15705.40] ( Article 3 added by Stats. 1996, Ch. 913, Sec. 1. ) ## 15705.40. This article shall not be used to circumvent the involuntary commitment process provided for pursuant to Chapter 2 (commencing with Section 5150) of Part 1 of Division 5. (Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
  145. 15750.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    This section defines “dependent adult” and “elder” for adult protective services, and says subdivision (b) becomes operative on January 1, 2022.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15750. (a) The definitions contained in Chapter 11 (commencing with Section 15600) shall govern the construction of this chapter. (b) Notwithstanding subdivision (a), and for the purposes of investigating or providing services under an adult protective services program pursuant to this chapter, the following definitions apply: (1) (A) “Dependent adult” means any person residing in this state between 18 and 59 years of age, inclusive, who resides in this state, and who has a combination of a disability and the inability to protect their own interest, or who has an inability to carry out normal activities to protect their rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age. (B) “Dependent adult” includes any person between 18 and 59 years of age, inclusive, who is admitted as an inpatient to a 24-hour facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (2) “Elder” means any person residing in this state 60 years of age or older. (c) Subdivision (b) shall be operative on January 1, 2022. (d) To the extent that this section has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any program costs that may be incurred by a local agency pursuant to this section that is above the level of funding which has been appropriated in the annual Budget Act shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution. (Amended by Stats. 2021, Ch. 85, Sec. 69. (AB 135) Effective July 16, 2021.)
  146. 15751.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    Each county welfare department must establish and support a protective services system for elderly and dependent adults at risk of neglect, abuse, or exploitation, or unable to protect their own interests.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15751. Each county welfare department shall establish and support a system of protective services to elderly and dependent adults who may be subjected to neglect, abuse, or exploitation, or who are unable to protect their own interest. This system shall be known as the county adult protective services system. (Added by renumbering Section 15750 by Stats. 2002, Ch. 54, Sec. 18. Effective January 1, 2003.)
  147. 15752.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    Each county must establish and maintain a specialized entity in its county welfare department for adult protective services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15752. Each county shall establish and maintain a specialized entity within the county welfare department which shall have lead responsibility for the operation of the adult protective services program. (Added by renumbering Section 15751 by Stats. 2002, Ch. 54, Sec. 20. Effective January 1, 2003.)
  148. 15753.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    The department must, if funding remains available, create one full-time position reporting to the director to help counties with adult protective services work.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15753. The department shall, to the extent funding for this purpose remains with the department, establish one full-time position that reports to the director to assist counties with the following functions in their operation of the adult protective services system: (a) Facilitating the review and update of state policies and procedures to promote best casework practices throughout the state, and providing technical assistance to local programs to promote consistent statewide adherence to these policies. (b) Developing recommended program goals, performance measures, and outcomes for the adult protective services system, and a strategic plan to accomplish these recommended goals, performance measures, and outcomes. (c) Collaborating with other state departments and local communities that provide or oversee elder justice services to address the needs of elders and adults with disabilities and improve coordination and effectiveness of adult protective services. (d) Exploring the development of a state data collection system that builds on existing statewide data and additionally tracks outcomes that will align with national data collection efforts. (e) Participating in national, statewide, and regional discussions on adult protective services and elder justice issues and providing information on California’s adult protective services programs. (f) Participating in the development of federal and state policy that responds to new and emergent needs and develops suggested quality assurance measures to be implemented at the local level. (g) Facilitating the development of a regionally based, ongoing, comprehensive and consistent statewide adult protective services training program that responds to new and emerging trends. (h) In collaboration with experts in the field, developing guidelines for local adult protective services programs that will make recommendations for local practice in following areas: (1) Caseload levels for adult protective services workers. (2) Availability of tangible services for local programs. (3) Educational and professional development of adult protective services workers. (4) Structure for 24 hour adult protective services response. (Added by Stats. 2015, Ch. 20, Sec. 29. (SB 79) Effective June 24, 2015.)
  149. 15754.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    Certain trained and qualified multidisciplinary team members may share relevant abuse-related information, and team personnel who receive it must follow the same confidentiality rules and penalties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15754. (a) Notwithstanding any provision of law governing the disclosure of information and records, persons who are trained and qualified to serve on multidisciplinary personnel teams may disclose to one another information and records which are relevant to the prevention, identification, or treatment of abuse of elderly or dependent persons. (b) Except as provided in subdivision (a), any personnel of the multidisciplinary team that receives information pursuant to this chapter, shall be under the same obligations and subject to the same confidentiality penalties as the person disclosing or providing that information. The information obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (Added by Stats. 1987, Ch. 1166, Sec. 7. Effective September 26, 1987.)
  150. 15755.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    A law enforcement agency may seek a search warrant from a magistrate when a county welfare worker has been denied access to premises and there is probable cause to believe an elder or dependent adult there is being abused.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15755. A law enforcement agency may seek a search warrant from a magistrate pursuant to the procedures set forth in Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code to enable a peace officer to have access to, and to inspect, premises if a county welfare worker has been denied access to the premises by the person or persons in possession of the premises and there is probable cause to believe an elder or dependent adult on those premises is subject to abuse. While executing the search warrant the peace officer may allow a county welfare worker, or any other appropriate person, to accompany him or her. (Added by Stats. 1994, Ch. 1246, Sec. 17. Effective January 1, 1995.)
  151. 15760.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    Adult protective services must include investigations, assessments, social work, needed resources, multidisciplinary teams, and 24-hour abuse reporting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15760. Adult protective services shall include investigations, needs assessments, remedial and preventive social work activities; the necessary tangible resources such as food, transportation, emergency shelter, and in-home protective care; the use of multidisciplinary teams; and a system in which reporting of abuse can occur on a 24-hour basis. (Amended by Stats. 2002, Ch. 54, Sec. 25. Effective January 1, 2003.)
  152. 15762.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    If a county adult protective services agency gets an abuse report and the social worker has reason to believe abuse or substantial risk of abuse exists, the social worker must try to get consent to meet privately with the elder or dependent adult at home without the caretaker or family present, unless the person asks for them to be present or refuses.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15762. When an allegation of abuse of an elder or dependent adult is reported to a county designated adult protective service agency and an agency social worker has reason to believe an elder or dependent adult has suffered or is at substantial risk of abuse pursuant to Section 15630, the social worker shall attempt to obtain consent to enter and meet privately with the elder or dependent adult about whom the report was made in the residence or dwelling in which the elder or dependent adult resides without the presence of the person’s caretaker, attendant, or family or household member, unless the person requests the presence of the attendant, care giver, or family member, or refuses to meet with the social worker. (Added by Stats. 1998, Ch. 946, Sec. 13. Effective January 1, 1999. Section operative May 1, 1999, pursuant to Section 15765.)
  153. 15763.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

    Verify source ↗

    Counties must run adult protective services with emergency, in-person response and case management for elder and dependent adult abuse reports, with special rules for facility reports and limited exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15763. (a) Each county shall establish an emergency response adult protective services program that shall provide in-person response, 24 hours per day, seven days per week, to reports of abuse of an elder or a dependent adult, for the purpose of providing immediate intake or intervention, or both, to new reports involving immediate life threats and to crises in existing cases. The program shall include policies and procedures to accomplish all of the following: (1) Provision of case management services that include investigation of the protection issues, assessment of the person’s concerns, needs, strengths, problems, and limitations, stabilization and linking with community services, and development of a service plan to alleviate identified problems utilizing counseling, monitoring, followup, and reassessment. (2) Provisions for emergency shelter or in-home protection to guarantee a safe place for the elder or dependent adult to stay until the dangers at home can be resolved. (3) Establishment of multidisciplinary teams to develop interagency treatment strategies, to ensure maximum coordination with existing community resources, to ensure maximum access on behalf of elders and dependent adults, and to avoid duplication of efforts. The multidisciplinary team may include community-based agencies, health plans, and other state- and county-based service providers. (4) Provisions for homeless prevention through the Home Safe Program established in Chapter 14 (commencing with Section 15770), to the extent that funding is provided for this purpose in the annual Budget Act and the county receives those funds. (b) (1) A county shall respond immediately to any report of imminent danger to an elder or dependent adult in other than a long-term care facility, as defined in Section 9701, or a residential facility, as defined in Section 1502 of the Health and Safety Code. For reports involving persons in a long-term care facility or a residential care facility, the county shall report to the local long-term care ombudsman program. Adult protective services staff shall consult, coordinate, and support efforts of the ombudsman program to protect vulnerable residents. Except as specified in paragraph (2), the county shall respond to all other reports of danger to an elder or dependent adult in other than a long-term care facility or residential care facility within 10 calendar days or as soon as practicably possible. (2) An immediate or 10-day in-person response is not required when the county, based upon an evaluation of risk, determines and documents that the elder or dependent adult is not in imminent danger and that an immediate or 10-day in-person response is not necessary to protect the health or safety of the elder or dependent adult. (3) The State Department of Social Services, in consultation with the County Welfare Directors Association of California, shall develop requirements for implementation of paragraph (2), including, but not limited to, guidelines for determining appropriate application of this section and any applicable documentation requirements. (4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement the requirements developed pursuant to paragraph (3) by means of all-county letters or similar instructions before adopting regulations for that purpose. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A county shall not be required to report or respond to a report pursuant to subdivision (b) that involves danger to an elder or dependent adult residing in any facility for the incarceration of prisoners that is operated by or under contract to the Federal Bureau of Prisons, the Department of Corrections and Rehabilitation, a county sheriff’s department, a county probation department, a city police department, or any other law enforcement agency when the abuse reportedly has occurred in that facility. (d) A county shall provide case management services to elders and dependent adults who are determined to be in need of adult protective services for the purpose of bringing about changes in the lives of victims and to provide a safety net to enable victims to protect themselves in the future. Case management services shall include all of the following, to the extent services are appropriate for the individual: (1) Investigation of the protection issues, including, but not limited to, social, medical, environmental, physical, emotional, and developmental. (2) Assessment of the person’s concerns and needs on whom the report has been made and the concerns and needs of other members of the family and household. (3) Analysis of problems and strengths. (4) Establishment of a service plan for each person on whom the report has been made to alleviate the identified problems. (5) Client input and acceptance of proposed service plans. (6) Counseling for clients and significant others to alleviate the identified problems and to implement the service plan. (7) Stabilizing and linking with community services, including, but not limited to, those provided by health plans, other county-based service providers, and community agencies. (8) Monitoring and followup. (9) Reassessments, as appropriate. (e) (1) To the extent resources are available, each county shall provide emergency shelter in the form of a safe haven or in-home protection for victims. Shelter and care appropriate to the needs of the victim shall be provided for frail and disabled victims who are in need of assistance with activities of daily living. (2) To the extent a county receives grant funds under the Home Safe Program (Chapter 14 (commencing with Section 15770)), counties may provide housing assistance and support to elders and dependent adults who are homeless or at risk of becoming homeless. (f) Each county shall designate an adult protective services agency to establish and maintain multidisciplinary teams including, but not limited to, adult protective services, law enforcement, probation departments, home health care agencies, hospitals, adult protective services staff, the public guardian, private community service agencies, public health agencies, and mental health agencies for the purpose of providing interagency treatment strategies. (g) Each county shall provide tangible support services, to the extent resources are available, which may include, but not be limited to, emergency food, clothing, repair or replacement of essential appliances, plumbing and electrical repair, blankets, linens, and other household goods, advocacy with utility companies, and emergency response units. (Amended by Stats. 2021, Ch. 85, Sec. 70. (AB 135) Effective July 16, 2021.)
  154. 15764.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

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    A county cannot receive a share of certain nonfederal program expenditures above the 1996-97 required level if it has kept its county matching funds at the 1996-97 level.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15764. Notwithstanding Section 10101.1, a county shall have no share of any nonfederal expenditures above the required expenditures for this program in the 1996–97 fiscal year, provided that the county has maintained the level of county matching funds it provided for this program in the 1996–97 fiscal year. (Added by Stats. 1998, Ch. 946, Sec. 13. Effective January 1, 1999. Section operative May 1, 1999, pursuant to Section 15765.)
  155. 15765.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

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    This section sets the chapter’s operative date and limits implementation of Sections 15760 to 15764 to the extent annual Budget Act funds are provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15765. This chapter shall become operative on May 1, 1999. Commencing with the 1999–2000 fiscal year, Sections 15760 to 15764, inclusive, shall be implemented only to the extent funds are provided in the annual Budget Act. (Amended by Stats. 2002, Ch. 54, Sec. 28. Effective January 1, 2003. Note: This section makes implementation of Sections 15760 to 15764 contingent upon Budget Act funding.)
  156. 15766.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

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    County merit systems civil service employees must handle elder and dependent adult abuse investigations and case management. County adult protective service agencies may use a contracted private or nonprofit answering service after hours, weekends, and holidays, but that service must immediately forward abuse or neglect reports to a county merit systems civil service employee unless a stated exception applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15766. The investigation of allegations of elder and dependent adult abuse pursuant to this chapter, and the case management of elder and dependent adult abuse cases shall be performed by county merit systems civil service employees. A county adult protective service agency may utilize a contracted private or nonprofit telephone answering service after normal working hours and on weekends and holidays. Such a contracted telephone service shall immediately forward to a county merit systems civil service employee any report of abuse or neglect of an elder or dependent adult, unless the caller is: (a) requesting routine information only; (b) reporting an incident of abuse which occurred prior to the date of the call, which does not at the time of the call put the victim at risk; or (c) requesting information not related to the adult protective service program, and the person answering the telephone meets the standards established by the department. (Added by Stats. 1999, Ch. 147, Sec. 36. Effective July 22, 1999.)
  157. 15767.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

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    The department must convene a workgroup and then submit recommendations to the Legislature by November 1, 2022.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15767. (a) The department, in consultation with representatives from the County Welfare Directors Association of California, the California Elder Justice Coalition, and other relevant stakeholders, shall convene a workgroup to develop recommendations to create or establish a statewide adult protective services case management or data warehouse system. The recommendations shall include identification of potential outcome measures and other data elements that can be tracked and made publicly available for purposes of program planning. (b) (1) The department shall submit recommendations developed pursuant to subdivision (a) to the Legislature by November 1, 2022. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 85, Sec. 71. (AB 135) Effective July 16, 2021.)
  158. 15768.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. )

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    The department must award grants and support a statewide adult protective services workforce development and training program, and it may enter agreements for related training activities if funding is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 13. Adult Protective Services [15750 - 15768] ( Chapter 13 added by Stats. 1986, Ch. 25, Sec. 3. ) ## 15768. (a) The department shall select and award grants to private nonprofit or public entities for the purpose of establishing a statewide multipurpose adult protective services workforce development and training program in accordance with this section. (b) The purpose of the workforce development and training program is to develop and implement statewide coordinated training and workforce development activities designed specifically to meet the needs of county adult protective services social workers assigned to provide intake and intervention services to elderly and dependent adults who may be subjected to neglect, abuse, or exploitation, or who are unable to protect their own interest. In addition, the program shall provide training for persons defined as mandated reporters pursuant to Article 3 (commencing with Section 15630) of Chapter 11. The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the County Welfare Directors Association of California, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. (c) The workforce development and training activities provided pursuant to this section shall include initial and ongoing training for social workers, supervisors, and managers related to the provision of investigation and case management services outlined in subdivision (d) of Section 15763. (d) The workforce development and training activities provided pursuant to this section shall include content specific to nationally recognized competencies for adult protective services, and shall include, but not be limited to, all of the following: (1) Core training for adult protective services social workers. (2) Ongoing and advanced training for adult protective services social workers. (3) Core, ongoing, and advanced training for adult protective services supervisors. (4) Core, ongoing, and advanced training for adult protective services managers. (5) Training and support for Master or Bachelor of Social Work students to receive specialized curricula aimed at increasing their competence in working with elderly and dependent adults in adult protective services settings. (e) To the extent that funding is appropriated by the Legislature or provided through other sources, the department may enter into agreements with other public or private entities for the provision of workforce development and training activities for individuals, other than those working in the adult protective services program, who are serving victims of elder and dependent adult abuse and neglect. This includes, but is not limited to, individuals working in the offices of public administrators, public guardians, or public conservators. (f) Implementation of this section is subject to an appropriation of sufficient funding from state or federal sources for the purpose of this section. (Added by Stats. 2022, Ch. 50, Sec. 68. (SB 187) Effective June 30, 2022.)
  159. 15770.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 14. Home Safe Program [15770 - 15771] ( Chapter 14 added by Stats. 2018, Ch. 35, Sec. 35. )

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    This section defines key terms used in the Home Safe Program, including adult protective services, dependent adult, older adult, eligible individual, homeless or at risk of homelessness, permanent housing, primary nighttime residence or living situation, program, and supportive housing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 14. Home Safe Program [15770 - 15771] ( Chapter 14 added by Stats. 2018, Ch. 35, Sec. 35. ) ## 15770. For purposes of this chapter, the following definitions shall apply: (a) “Adult protective services” means any of the following: (1) The same meaning as defined in Section 15610.10. (2) Activities performed, in accordance with tribal law or custom, on behalf of older adults and dependent adults who have come to the attention of a tribe, or tribal entity or agency, due to potential abuse or neglect. (b) “Dependent adult” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 15750. (c) “Older adult” means any of the following: (1) The same meaning as “elder,” as defined in paragraph (2) of subdivision (b) of Section 15750. (2) For individuals receiving services from a tribe, or tribal entity or agency, any person residing in this state within the age range established by tribal law or custom for tribal programs serving needy and vulnerable older adults. (d) “Eligible individual” means an individual who, at a minimum, meets all of the following conditions: (1) Is an adult protective services client, is in the process of intake to adult protective services, or is an individual who may be served through a tribe, or tribal entity or agency, who appears to be eligible for adult protective services. (2) Is homeless or at imminent risk of homelessness as a result of elder or dependent abuse, neglect, self-neglect, or financial exploitation, as determined by the adult protective services agency or tribal agency. (3) Voluntarily agrees to participate in the program. (e) “Homeless or at risk of homelessness” means any of the following: (1) A person who lacks a fixed or regular nighttime residence and either of the following apply: (A) The person has a primary nighttime residence that is a supervised publicly or privately operated shelter, hotel, or motel, designed to provide temporary living accommodations. (B) The person resides in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (2) A person who is in receipt of a judgment for eviction, as ordered by the court. (3) A person who has received a pay rent or quit notice or who will otherwise imminently lose their primary nighttime residence, which may include individuals who have not yet received an eviction notice, if all of the following are true: (A) The right or permission to occupy their current housing or living situation will be, or there is credible evidence that it will be, terminated within 21 days after the date of application for assistance. (B) A subsequent residence has not been identified or secured, including, but not limited to, an individual exiting a medical facility, long-term care facility, prison, or jail. (C) The individual lacks the resources or support network, including, but not limited to, family, friends, or faith-based or other social network, needed to obtain other permanent housing. (4) A person who has a primary nighttime residence or living situation that is either directly associated with a substantiated report of abuse, neglect, or financial exploitation or that poses an imminent health and safety risk, and the person lacks the resources or support network needed to obtain other permanent housing. (f) “Multidisciplinary personnel team” has the same meaning as defined in Section 15610.55. (g) “Permanent housing” means a place to live without a predetermined limit on the length of stay subject to landlord-tenant laws pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (h) “Primary nighttime residence or living situation” includes housing that an individual owns, rents, lives in without paying rent, or is sharing with others, or rooms in hotels or motels used as temporary shelter. (i) “Program” means the Home Safe Program established pursuant to this chapter. (j) “Supportive housing” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 50675.14 of the Health and Safety Code, except that the program is not restricted to serving only projects with five or more units. (Amended by Stats. 2023, Ch. 43, Sec. 69. (AB 120) Effective July 10, 2023.)
  160. 15771.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 14. Home Safe Program [15770 - 15771] ( Chapter 14 added by Stats. 2018, Ch. 35, Sec. 35. )

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    The department must award Home Safe Program grants to qualifying counties, tribes, or groups of counties or tribes, and grantees must meet matching, reporting, coordination, and cooperation requirements unless a stated exception applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 14. Home Safe Program [15770 - 15771] ( Chapter 14 added by Stats. 2018, Ch. 35, Sec. 35. ) ## 15771. (a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the department shall award grants to counties, tribes, or groups of counties or tribes, that provide services to older adults and dependent adults who experience abuse, neglect, self-neglect, or exploitation and otherwise meet the eligibility criteria for adult protective services, for the purpose of providing housing-related supports to eligible individuals. (b) Notwithstanding subdivision (a), this section does not create an entitlement to housing-related assistance, which is to be provided at the discretion of the grantee as a service to eligible individuals. (c) (1) It is the intent of the Legislature that housing-related assistance provided pursuant to this chapter utilize evidence-based practices in homeless assistance and prevention, including housing risk screening and assessments, housing first, rapid rehousing, and supportive housing. (2) Housing-related supports and services available to participating individuals may include, but are not limited to, all of the following: (A) An assessment of each individual’s housing needs, including a plan to assist the individual in meeting those needs, consistent with the case plan, as developed by the adult protective services agency. To the extent feasible, the plan shall be developed in coordination with a multidisciplinary team that may include housing program providers, mental health providers, local law enforcement, legal assistance providers, and others as deemed relevant by the adult protective services agency. (B) Navigation or search assistance to recruit landlords and assist individuals in locating affordable or subsidized housing. (C) Enhanced case management, including motivational interviewing and trauma-informed care, to help the individual recover from elder abuse, neglect, or financial exploitation. (D) Housing-related financial assistance, including rental assistance, security deposit assistance, utility payments, moving cost assistance, and interim housing assistance while housing navigators are actively seeking permanent housing options for the individual. (E) Housing stabilization services, including ongoing landlord engagement, case management, public systems assistance, legal services, tenant education, eviction protection, credit repair assistance, life skills training, heavy cleaning, and conflict mediation with landlords, neighbors, and families. (F) If the individual requires supportive housing, referral to the local homeless continuum of care for long-term services promoting housing stability. (G) Referrals and coordination of services to access mental or behavioral health assistance, as necessary or appropriate. (d) The department shall provide grants to counties and tribes according to criteria and procedures developed by the department, in consultation with the County Welfare Directors Association of California, tribes, the California Elder Justice Coalition, and the California Commission on Aging. These criteria shall include, but are not limited to, all of the following: (1) Eligible sources of funds and in-kind contributions to match the grant, as described in paragraph (1) of subdivision (e). (2) The proportion of funding to be expended on reasonable and appropriate administrative activities, in order to minimize overhead and maximize services. (3) Tracking and reporting procedures for the program, which shall be conducted as a condition of receiving funds, including, but not limited to, collecting disaggregated data on all of the following: (A) The number of people determined eligible for the program. (B) The number of people receiving assistance from the program and the duration of that assistance. (C) The types of housing assistance received by recipients. (D) The housing status six months and one year after receiving assistance from the program. (E) The number of substantiated adult protective services reports six months and one year after receiving assistance from the program. (e) Grants shall be subject to all of the following requirements: (1) (A) Except as otherwise provided in subparagraph (B), grantees shall match the funding on a dollar-for-dollar basis, which may be met by cash or in-kind contributions. (B) Beginning on July 1, 2021, grantees that receive state funds under this chapter shall not be required to match any funding. (2) Grantees shall demonstrate the extent to which they will attempt to leverage county mental health services funds for participating individuals, and any barriers to leveraging these funds. (3) Grantees shall agree to actively cooperate with tracking, reporting, and evaluation efforts. (4) Grantees shall coordinate with the local homeless continuum of care network. (f) Funding pursuant to this section shall supplement, and not supplant, the level of county or tribal funding spent on these purposes in the 2017–18 fiscal year. (g) Utilizing the funds appropriated for purposes of this chapter, the department shall, in consultation with the County Welfare Directors Association of California, tribes, the California Elder Justice Coalition, and the California Commission on Aging, enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program, which may include, but are not limited to, the following: (1) The likelihood of future homelessness and housing instability among recipients. (2) The likelihood of future instances of abuse and neglect among recipients. (3) Program costs and benefits. (h) This chapter shall not be construed to require a tribe, or tribal entity or agency, to comply with Chapter 13 (commencing with Section 15750) of this part, including, but not limited to, the requirement to establish a county adult protective services system or an emergency response adult protective services program. (i) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this chapter through all-county letters without taking regulatory action. (Amended by Stats. 2025, Ch. 79, Sec. 25. (SB 119) Effective July 29, 2025.)
  161. 15800.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

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    The State Department of Health Care Services must administer certain health coverage programs and seek the federal approvals needed to implement this part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15800. (a) (1) Commencing October 1, 2013, the State Department of Health Care Services shall administer the AIM-Linked Infants Program to address the health care needs of children formerly covered pursuant to clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70 of the Insurance Code. The department is vested with the same powers, purposes, responsibilities, and jurisdiction exercised by the Managed Risk Medical Insurance Board as they relate to those children. Nothing in this paragraph shall be construed to alter, diminish, or supersede the authority of the Managed Risk Medical Insurance Board to exercise the same powers, purposes, responsibilities, and jurisdiction within the Healthy Families Program established under Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. (2) (A) Commencing on July 1, 2014, the State Department of Health Care Services shall administer any other programs under, and succeeds to and is vested with the same powers, purposes, responsibilities, and jurisdiction exercised by, the Managed Risk Medical Insurance Board. (B) Commencing on July 1, 2014, any reference in any statute, except for this chapter, Chapter 3 (commencing with Section 15850), and Section 12739.61 of, and Part 6.8 (commencing with Section 12739.77) of Division 2 of, the Insurance Code, and in any regulation, contract, or any other document, to the Managed Risk Medical Insurance Board is deemed to instead refer to the State Department of Health Care Services. (3) The department may, before October 1, 2013, conduct transition activities necessary to ensure the efficient transfer of the program identified in paragraph (1) and populations served by that program. (4) The department may, before July 1, 2014, conduct transition activities necessary to ensure the efficient transfer of the programs identified in paragraph (2) and populations served by these programs. (b) The department shall seek any federal waivers, approvals, and state plan amendments necessary to implement this part. This part shall only be implemented to the extent that necessary federal approvals are obtained and federal financial participation is available for eligible programs and services. (Amended by Stats. 2014, Ch. 31, Sec. 58. (SB 857) Effective June 20, 2014.)
  162. 15801.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

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    This section keeps certain older board regulations and orders enforceable, assigns enforcement to the State Department of Health Care Services for certain programs, and preserves the Board’s authority for Healthy Families Program purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15801. (a) The terms of all regulations and orders adopted by the Managed Risk Medical Insurance Board in effect preceding July 1, 2014, that relate to the operation of the program and to the children transferred by the act that added this section and are not rendered legally unenforceable by the act that added this section shall be fully enforceable by the State Department of Health Care Services within the AIM-Linked Infants Program and the Medi-Cal Access Program unless and until the department adopts regulations for the Medi-Cal Access Program. Nothing in this subdivision shall be construed to alter, diminish, or supersede the authority of the Managed Risk Medical Insurance Board to interpret, enforce, maintain, or amend the same regulations for purposes of the Healthy Families Program established under Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. (b) All regulations and orders adopted by the Managed Risk Medical Insurance Board that relate to the programs transferred pursuant to paragraph (2) of subdivision (a) of Section 15800 in effect on July 1, 2014, and not rendered legally unenforceable by the act adding this subdivision shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the State Department of Health Care Services, or until they expire by their own terms. (Amended by Stats. 2014, Ch. 31, Sec. 59. (SB 857) Effective June 20, 2014.)
  163. 15802.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

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    The State Department of Health Care Services may issue rules for this part, and the department may use letters or bulletins to implement, interpret, or modify related regulations during the transition. Later regulations are treated as emergency actions and take effect immediately when filed with the Secretary of State.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15802. (a) The State Department of Health Care Services may issue rules and regulations to carry out the purposes of this part. (b) Notwithstanding subdivision (a) or Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory actions, may implement, interpret, or make specific this part and amend or repeal regulations and orders adopted by the Managed Risk Medical Insurance Board as provided in Section 15801 by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action during the transition of the programs to the department. Thereafter, the adoption and readoption of regulations to implement, interpret, or make specific this part shall be deemed to be an emergency that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is exempted from the requirement that it describe facts showing the need for immediate action. The regulations shall become effective immediately upon filing with the Secretary of State. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  164. 15802.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

    Verify source ↗

    Certain civil service employees of the Managed Risk Medical Insurance Board must be transferred on July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15802.5. Effective on July 1, 2014, all permanent or probationary civil service employees who are employed by the Managed Risk Medical Insurance Board shall be transferred to the State Department of Health Care Services or the California Health Benefits Exchange as described in Section 12739.78 of the Insurance Code, and their civil service status, position, and rights, including return rights, shall be determined pursuant to Section 12739.78 of the Insurance Code. (Added by Stats. 2014, Ch. 31, Sec. 60. (SB 857) Effective June 20, 2014.)
  165. 15803.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

    Verify source ↗

    The State Department of Health Care Services may contract with public or private entities and, for these contracts, may use noncompetitive bidding, allocate funds by enrollment, and avoid specifying encumbered amounts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15803. (a) To implement this part and clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70 of the Insurance Code, the State Department of Health Care Services may contract with public or private entities. Contracts entered into under this part may be on a noncompetitive bid basis and are exempt from the following: (1) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and any policies, procedures, or regulations authorized by that part. (2) Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (3) Review or approval of contracts by the Department of General Services. (b) During the transition of the programs to the department, the department shall also be exempt from the review or approval of feasibility study reports and the requirements of Sections 4819.35 to 4819.37, inclusive, and 4920 to 4928, inclusive, of the State Administrative Manual. (c) For contracts entered into under this part, the State Department of Health Care Services shall not be required to specify the amounts encumbered for each contract, but may allocate funds to each contract based on the projected or actual subscriber enrollments to a total amount not to exceed the amount appropriated for the program including family contributions. (Amended by Stats. 2014, Ch. 31, Sec. 61. (SB 857) Effective June 20, 2014.)
  166. 15804.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

    Verify source ↗

    The Managed Risk Medical Insurance Board must stop providing coverage for children transferred to the AIM-Linked Infants Program once the stated date or program implementation occurs, whichever is later.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15804. On October 1, 2013, or when the State Department of Health Care Services has implemented Chapter 2 (commencing with Section 15810), whichever occurs later, the Managed Risk Medical Insurance Board shall cease to provide coverage to the children transferred to the AIM-Linked Infants Program, pursuant to Section 15800. (Amended by Stats. 2014, Ch. 31, Sec. 62. (SB 857) Effective June 20, 2014.)
  167. 15805.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

    Verify source ↗

    The Managed Risk Medical Insurance Board must give certain program records to the State Department of Health Care Services, transfer most records by July 1, 2014, and keep the transferred records confidential.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15805. (a) (1) The Managed Risk Medical Insurance Board shall provide the State Department of Health Care Services any data, information, or record concerning the Healthy Families Program or the Access for Infants and Mothers Program as are necessary to implement this part and clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70 of the Insurance Code. (2) All books, documents, files, property, data, information, or record in possession of the Managed Risk Medical Insurance Board, except for personnel records related to staff transferred to the California Health Benefits Exchange pursuant to Section 12739.61 or 12739.78 of the Insurance Code, shall be transferred to the State Department of Health Care Services on July 1, 2014. (3) Until the transition of duties from the Managed Risk Medical Insurance Board to the State Department of Health Care Services required under subdivision (a) of Section 15800 is complete, any book, document, file, property, data, information, or record in the possession of the Managed Risk Medical Insurance Board pertaining to functions, programs, and subscribers to be transferred to the State Department of Health Care Services pursuant to subdivision (a) of Section 15800 shall immediately be made available to the State Department of Health Care Services upon request for review, inspection, and copying, including electronic transmittal, including records otherwise not subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (b) Notwithstanding any other law, all of the following shall apply: (1) The term “book, document, file, property, data, information, or record” shall include, but is not limited to, personal information as defined in Section 1798.3 of the Civil Code. (2) Any book, document, file, property, data, information, or record shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and any other law, to the same extent that it was exempt from disclosure or privileged prior to the provision of the book, document, file, property, data, information, or record to the department. (3) The provision of any book, document, file, property, data, information, or record to the department shall not constitute a waiver of any evidentiary privilege or exemption from disclosure. (4) The department shall keep all books, documents, files, property, data, information, or records provided by the Managed Risk Medical Insurance Board confidential to the full extent permitted by law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and consistent with the Managed Risk Medical Insurance Board’s contractual obligations to keep books, documents, files, property, data, information, or records confidential. (Amended by Stats. 2021, Ch. 615, Sec. 459. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  168. 15806.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. )

    Verify source ↗

    Existing agreements tied to the Managed Risk Medical Insurance Board are not invalidated by this section, and the State Department of Health Care Services assumes the related rights, obligations, liabilities, and duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 1. General Provisions [15800 - 15806] ( Chapter 1 added by Stats. 2013, Ch. 23, Sec. 68. ) ## 15806. (a) A contract, lease, license, bond, or any other agreement to which the Managed Risk Medical Insurance Board is a party is not void or voidable by reason of the act that added this section, but shall continue in full force and effect, with the State Department of Health Care Services assuming all of the rights, obligations, liabilities, and duties of the Managed Risk Medical Insurance Board and any of its predecessors that relate to the duties, powers, purposes, responsibilities, and jurisdiction vested by the act that added this section in the State Department of Health Care Services. The assumption by the State Department of Health Care Services does not in any way affect the rights of the parties to the contract, lease, license, or agreement. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 64. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  169. 15810.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    This section names the chapter the Medi-Cal Access Program and says it becomes operative on July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15810. (a) This chapter, formerly known as the AIM-Linked Infants Program, shall be known, and may be cited, as the Medi-Cal Access Program. (b) This section shall become operative on July 1, 2014. (Repealed (in Sec. 66) and added by Stats. 2014, Ch. 31, Sec. 67. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  170. 15811.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    This section defines key terms used in the Medi-Cal Access Program and says the section becomes operative on July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15811. (a) The definitions contained in this section govern the construction of this chapter, unless the context requires otherwise. (b) “Access-linked infant” means any infant born to a woman enrolled in either the program under this chapter or the Access for Infants and Mothers Program under Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code. (c) “Applicant” means an individual who applies for coverage through the program. (d) “Department” means the State Department of Health Care Services. (e) “Fund” means the Perinatal Insurance Fund. (f) “Health education services relating to tobacco use” means tobacco use prevention and education services, including, when appropriate, tobacco use cessation services, in accordance with protocols established by the department in coordination with the California Tobacco Control Program of the State Department of Public Health. (g) “Participating health plan” means a health plan with which the department contracts to provide health care services to individuals eligible pursuant to Section 15832. (h) “Program” means the Medi-Cal Access Program. (i) “Subscriber” means an individual who is eligible for and enrolled in the program. (j) “Subscriber contribution” means the cost to the subscriber to participate in the program. (k) This section shall become operative on July 1, 2014. (Repealed (in Sec. 68) and added by Stats. 2014, Ch. 31, Sec. 69. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  171. 15814.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department must develop tobacco-use health education protocols, in coordination with the California Tobacco Control Program, and the section becomes operative on July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15814. (a) The department, in coordination with the California Tobacco Control Program of the State Department of Public Health, shall develop protocols relating to health education for tobacco use to the extent necessary to comply with paragraph (1) of subdivision (b) of Section 30122 of the Revenue and Taxation Code. These protocols shall include, but not be limited to, all of the following: (1) Referral to perinatal and related support services. (2) Outreach services and assessment of smoking status. (3) Individualized counseling and advocacy services. (4) Motivational messages. (5) Cessation services, if appropriate. (6) Incentives to maintain a healthy lifestyle. (7) Followup assessment. (8) Maintenance and relapse prevention services. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 70. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  172. 15818.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Participating health plans contracting with the department must provide tobacco-related health education to all program participants.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15818. (a) Each participating health plan contracting with the department pursuant to this chapter shall provide health education services related to tobacco use to all program participants to the extent necessary to comply with paragraph (1) of subdivision (b) of Section 30122 of the Revenue and Taxation Code. (b) The education activities required by subdivision (a) shall include all of the following: (1) Dissuading persons from beginning to smoke. (2) Encouraging smoking cessation. (3) Providing information on the health effects of tobacco use on the user, children, and nonsmokers. (c) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 71. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  173. 15822.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The program must include specified health care services, such as clinic-based preventive, screening, diagnostic, and treatment services, physician services, emergency first aid, and other listed services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15822. Health care services under the program shall include, but are not limited to, all of the following: (a) Preventive, screening, diagnostic, and treatment services furnished directly by a licensed clinic, either onsite or by formal written contract, on a case-managed basis, to patients who remain less than 24 hours at the clinic for an illness or injury, advice, counseling, outreach, and translation as needed. (b) Physician services. (c) Emergency first aid, perinatal, obstetric, radiology, laboratory, and nutrition services. (d) Services of advanced practice nurses or mid-level practitioners who are authorized to perform any of the services listed in this section within the scope of their licensure. (e) All services and benefits set forth in Chapter 7 (commencing with Section 14000) of Part 3. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  174. 15824.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Services for eligible individuals must be provided through Medi-Cal fee-for-service or managed care, or both, subject to federal law and the department’s cost-effectiveness determination.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15824. To the extent permitted by federal law, services for individuals eligible under this chapter shall be provided, at the department’s discretion and to the extent the department determines the selected delivery system is cost effective, through the Medi-Cal fee-for-service or managed care delivery system, or both. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  175. 15826.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department administers the Medi-Cal Access Program and may set eligibility, coverage, contributions, contracts, rules, and related administration, subject to listed limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15826. (a) The department shall administer the program and may do all of the following: (1) Determine eligibility criteria for the program. These criteria shall include the requirements set forth in Section 15832. (2) Determine the eligibility of applicants. (3) Determine when subscribers are covered and the extent and scope of coverage. (4) Determine subscriber contribution amounts schedules, subject to the following: (A) Subscriber contributions for Access-linked infants shall not be greater than those applicable on March 23, 2010, for infants enrolled pursuant to clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70 of the Insurance Code. (B) Subscriber contributions for mothers shall conform with the maintenance of effort requirements under the federal Patient Protection and Affordable Care Act (Public Law 111-148), or any amendment or extension of that act. (C) (i) Effective July 1, 2022, to the extent allowable under federal law, and notwithstanding the provisions of this chapter to the contrary, the department may elect not to impose subscriber contributions for purposes of this program as described in Section 15849 for an applicable coverage period, (ii) If the department elects to not impose subscriber contributions for an applicable coverage period pursuant to clause (i) or elects to reinstate such subscriber contributions for a subsequent coverage period, the department shall specify that election in the published Medi-Cal Local Assistance Estimate for the impacted state fiscal year or years, subject to appropriation by the annual Budget Act. (5) Provide coverage through Medi-Cal delivery systems and contract for the administration of the program and the enrollment of subscribers. Any contract entered into pursuant to this chapter shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. The department shall not be required to specify the amounts encumbered for each contract, but may allocate funds to each contract based on projected and actual subscriber enrollments in a total amount not to exceed the amount appropriated for the program. (6) Authorize expenditures to pay program expenses that exceed subscriber contributions, and to administer the program as necessary. (7) Develop a promotional component of the program to make Californians aware of the program and the opportunity that it presents. (8) (A) Issue rules and regulations as necessary to administer the program. (B) During the 2011–12 to 2014–15 fiscal years, inclusive, the adoption and readoption of regulations pursuant to this chapter shall be deemed to be an emergency that calls for immediate action to avoid serious harm to the public peace, health, 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 the department describe facts showing the need for immediate action and from review by the Office of Administrative Law. (9) Exercise all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed by this chapter. (b) This section shall become operative on July 1, 2014. (Amended by Stats. 2022, Ch. 47, Sec. 135. (SB 184) Effective June 30, 2022.)
  176. 15827.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department must administer the program so spending does not exceed money available in the fund, and the section applies only if it does not jeopardize federal financial participation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15827. (a) The department shall administer the program in a manner that ensures that program expenditures do not exceed amounts available in the fund. (b) This section shall be implemented only if and to the extent that it does not jeopardize the state’s ability to receive federal financial participation under the federal Patient Protection and Affordable Care Act (Public Law 111-148), or any amendment or extension of that act. (c) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 74. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  177. 15828.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department must coordinate with other state agencies, as appropriate, to help ensure continuity of health care services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15828. The department shall coordinate with other state agencies, as appropriate, to help ensure continuity of health care services. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  178. 15830.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department may contract with health plans and health care service delivery systems, and participating health plans must provide subscriber benefits or coverage only as determined by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15830. (a) The department may contract with a variety of health plans and types of health care service delivery systems in order to offer subscribers a choice of plans, providers, and types of service delivery. (b) Participating health plans contracting with the department pursuant to this chapter shall provide benefits or coverage to subscribers only as determined by the department pursuant to subdivision (b) of Section 15826. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  179. 15833.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Some people eligible under Section 15832 cannot join the program if, when they apply, they are eligible for Medi-Cal without a share of cost or for Medicare.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15833. (a) A person eligible pursuant to paragraph (1) of subdivision (a) of Section 15832 shall not be eligible to participate in the program if, at the time of application, she is eligible for Medi-Cal without a share of cost or for Medicare. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 77. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  180. 15834.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    A person is not eligible for covered services under the program if those services are already covered by private health care coverage at the time of eligibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15834. A person shall not be eligible for covered services under the program if those services are covered through private health care coverage arrangements at the time of eligibility. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  181. 15835.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Subscribers covered by this section cannot be disenrolled just because they failed to pay subscriber contributions, and the department may use collection actions to recover unpaid contributions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15835. (a) Subscribers enrolled pursuant to paragraph (1) of subdivision (a) of Section 15832 shall not be disenrolled for failure to pay subscriber contributions. The department may impose or contract for collection actions to collect unpaid subscriber contributions. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 78. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  182. 15836.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    A dissatisfied subscriber may appeal to the department and is entitled to a fair hearing. The department may also place a lien on compensation or benefits recovered for a subscriber in certain cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15836. (a) If a subscriber is dissatisfied with any action, or failure to act, that has occurred in connection with eligibility or covered services under this chapter, the subscriber may appeal to the department and shall be accorded an opportunity for a fair hearing. Hearings may be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The department may place a lien on compensation or benefits that are recovered or recoverable by a subscriber for whom benefits have been provided under a policy or plan issued under this chapter from any party or parties responsible for the compensation or benefits. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  183. 15838.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    If a provider has proof that a subscriber is enrolled in the program, the provider may not seek payment for covered services except from the subscriber’s participating health plan or insurer, or from the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15838. (a) A provider who is furnished documentation of a subscriber’s enrollment in the program shall not seek reimbursement or attempt to obtain payment for any covered services provided to that subscriber other than from the participating health plan or insurer covering the subscriber or from the department. (b) Subdivision (a) shall not apply to any copayment required by the department under this chapter for the covered services provided to the subscriber. (c) For purposes of this chapter, “provider” means any professional person, organization, health facility, or other person or institution licensed by the state to deliver or furnish health care services and includes as that term is defined in subdivision (o) of Section 14043.1. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  184. 15839.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department may reimburse covered services provided to pregnant women who are later found eligible, but not for services received more than 40 days before the woman’s application date.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15839. (a) Services that would be covered under the program that are provided to pregnant women who, after receiving those services, are subsequently determined to be eligible for coverage under this chapter may be reimbursed as determined by the department. In no case shall services received prior to 40 days before a woman’s date of application be eligible for reimbursement. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 79. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  185. 15841.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    California may let the State Department of Health Care Services use CHIP funds for certain women’s services, and California’s CHIP plan must stay consistent with this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15841. (a) Through its courts, statutes, and under its Constitution, California protects a woman’s right to reproductive privacy. California reaffirms these protections and specifically its Supreme Court decision in People v. Belous (1969) 71 Cal.2d 954, 966-68. (b) The State Department of Health Care Services may accept or use moneys under Title XXI of the Social Security Act (known as the Children’s Health Insurance Program or CHIP), as interpreted in Section 457.10 of Title 42 of the Code of Federal Regulations, to fund services for women pursuant to Section 14007.7 and this chapter only when, during the period of coverage, the woman is the beneficiary. The scope of services covered under Medi-Cal and this chapter, as defined in statutes, regulations, and state plans, is not altered by this section or the state plan amendment submitted pursuant to this section. (c) California’s CHIP plan and any amendments submitted and implemented pursuant to this section shall be consistent with subdivisions (a) and (b). (d) This section is a declaration of existing law. (e) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 82. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  186. 15842.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Providers must refer suspected eligible children to the California Children’s Services Program, and providers are not responsible for certain program-authorized services for eligible subscribers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15842. Notwithstanding any other law, for a subscriber who is determined by the California Children’s Services Program to be eligible for benefits under the program pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, a provider shall not be responsible for the provision of, or payment for, the particular services authorized by the California Children’s Services Program for the particular subscriber for the treatment of a California Children’s Services Program eligible medical condition. Providers shall refer a child whom they reasonably suspect of having a medical condition that is eligible for services under the California Children’s Services Program to the California Children’s Services Program. The California Children’s Services Program shall provide case management and authorization of services if the child is found to be medically eligible for the California Children’s Services Program. Diagnosis and treatment services that are authorized by the California Children’s Services Program shall be performed by paneled providers for that program and approved special care centers of that program in accordance with treatment plans approved by the California Children’s Services Program. All other services provided under this chapter shall be available to the subscriber. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  187. 15844.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Eligible enrolled children must have medically necessary treatment for their CCS-eligible condition authorized and paid for, and county expenditures for those services are waived and paid by the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15844. A child enrolled in the program under this chapter who has a medical condition that is eligible for services pursuant to the California Children’s Services Program, and whose family is not financially eligible for the California Children’s Services Program, shall have the medically necessary treatment services for his or her California Children’s Services Program eligible medical condition authorized and paid for by the California Children’s Services Program. County expenditures for the payment of services for the child shall be waived and these expenditures shall be paid for by the state from Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.) funds and state general funds. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  188. 15846.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department must encourage program providers to use viable protocols for screening and referring children for supplemental services and for coordinating care with public programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15846. The department shall encourage all providers who provide services under the program to have viable protocols for screening and referring children needing supplemental services outside of the scope of the screening, preventive, and medically necessary and therapeutic services covered by the contract to public programs providing such supplemental services for which they may be eligible, as well as for coordination of care between the provider and the public programs. The public programs for which providers may be required to develop screening, referral, and care coordination protocols may include the California Children’s Services Program, the regional centers, county mental health programs, programs administered by the Department of Alcohol and Drug Programs or its successor agency or agencies, and programs administered by local education agencies. (Added by Stats. 2013, Ch. 23, Sec. 68. (AB 82) Effective June 27, 2013.)
  189. 15847.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Insurers, insurance agents or brokers, and administrators must not refer or help an employee or dependent apply to the program if the purpose is to separate them from group health coverage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15847. (a) It shall constitute unfair competition for purposes of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code for an insurer, an insurance agent or broker, or an administrator, as defined in Section 1759 of the Insurance Code, to refer an individual employee or employee’s dependent to the program, or arrange for an individual employee or employee’s dependent to apply to the program, for the purpose of separating that employee or employee’s dependent from group health coverage provided in connection with the employee’s employment. (b) Any employee described in subdivision (a) shall have a personal right of action to enforce subdivision (a). (c) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 83. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  190. 15847.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    An employer may not refer an employee or dependent to the program, or help them apply to it, if the purpose is to separate them from employment-based group health coverage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15847.3. (a) It shall constitute an unfair labor practice contrary to public policy, and enforceable under Section 95 of the Labor Code, for any employer to refer an individual employee or employee’s dependent to the program, or to arrange for an individual employee or employee’s dependent to apply to the program, for the purpose of separating that employee or employee’s dependent from group health coverage provided in connection with the employee’s employment. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 84. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  191. 15847.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    Employers may not change certain maternity care coverage terms if doing so results in employees or their dependents enrolling in the program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15847.5. (a) It shall constitute an unfair labor practice contrary to public policy and enforceable under Section 95 of the Labor Code for any employer to change the employee-employer share-of-cost ratio or to make any other modification of maternity care coverage for employees or employees’ dependents that results in the enrollment of the employees or employees’ dependents in the program established pursuant to this chapter. (b) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 85. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  192. 15847.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    For certain sections, “group health coverage” includes health care service plans, self-insured employee welfare benefit plans, and disability insurance that provide medical or hospital benefits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15847.7. (a) For purposes of Sections 15847, 15847.3, and 15847.5, “group health coverage” includes any health care service plan, self-insured employee welfare benefit plan, or disability insurance providing medical or hospital benefits. (b) This section shall become operative on July 1, 2014. (Amended by Stats. 2015, Ch. 455, Sec. 62. (SB 804) Effective January 1, 2016.)
  193. 15848.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The Perinatal Insurance Fund stays in existence, is administered by the department, and its money may be used only for purposes specified in this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15848. (a) The Perinatal Insurance Fund is continued in existence in the State Treasury under the administration of the department. (b) Amounts deposited in the fund shall only be used for the purposes specified by this chapter. (c) Notwithstanding Section 13340 of the Government Code, the fund is hereby continuously appropriated, without regard to fiscal years, to the department, for the purposes specified in this chapter. (d) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 87. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  194. 15848.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department must fund program expenses, may use appropriated money for operating expenses, and must use cost containment measures to maximize coverage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15848.5. (a) The department shall authorize the expenditure of money in the fund to cover program expenses, including program expenses that exceed subscriber contributions. (b) From money appropriated by the Legislature to the fund, the department may expend sufficient funds for operating expenses incurred in carrying out this chapter. (c) The department shall develop and utilize all appropriate cost containment measures to maximize the coverage offered under the program. (d) This section shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 88. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  195. 15849.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. )

    Verify source ↗

    The department may choose not to impose subscriber contributions for this coverage, and if it makes that choice or later reinstates contributions, it must state the election in the published Medi-Cal Local Assistance Estimate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 2. Medi-Cal Access Program [15810 - 15849] ( Heading of Chapter 2 amended by Stats. 2014, Ch. 31, Sec. 65. ) ## 15849. (a) Effective July 1, 2022, to the extent allowable under federal law, notwithstanding the provisions of this chapter to the contrary, the department may elect not to impose subscriber contributions for purposes of coverage as described in this chapter, including, but not limited to, subscriber contributions for Access-linked infants, for an applicable coverage period. (b) If the department elects to not impose subscriber contributions for an applicable coverage period pursuant to subdivision (a) or elects to reinstate such subscriber contributions for a subsequent coverage period, the department shall specify that election in the published Medi-Cal Local Assistance Estimate for the impacted state fiscal year or years, subject to appropriation by the annual Budget Act. (Added by Stats. 2022, Ch. 47, Sec. 140. (SB 184) Effective June 30, 2022.)
  196. 15850.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

    Verify source ↗

    This chapter is named the County Children’s Health Initiative Program (CCHIP).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15850. This chapter shall be known, and may be cited, as the County Children’s Health Initiative Program (CCHIP). (Amended by Stats. 2023, Ch. 266, Sec. 9. (AB 614) Effective January 1, 2024.)
  197. 15850.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    This section defines key terms for the County Children’s Health Initiative Program chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15850.1. For purposes of this chapter, the following definitions shall apply: (a) “Administrative costs” means those expenses that are described in Section 1397ee(a)(1)(D) of Title 42 of the United States Code. (b) “Applicant” means a county, county agency, a local initiative, or a county organized health system. (c) “Department” means the State Department of Health Care Services. (d) “Child” means a person under 19 years of age. (e) “Comprehensive health insurance coverage” means the coverage provided in Section 2103 of the Social Security Act (42 U.S.C. Sec. 1397cc) and shall be equivalent to the coverage provided to state employees through the Public Employees’ Retirement System for the most recent plan year preceding the applicable program plan year, except that the plans may provide a mechanism for inpatient hospital care provided under the mental health benefit through which applicants may agree to a treatment plan in which each inpatient day may be substituted for two residential treatment days or three day treatment program days. (f) “County Children’s Health Initiative Program” or “CCHIP” means the program established pursuant to this chapter. (g) “County organized health system” means a health system implemented pursuant to Article 2.8 (commencing with Section 14087.5) of Chapter 7 of Part 3 of this division and Article 1 (commencing with Section 101675) of Chapter 3 of Part 4 of Division 101 of the Health and Safety Code. (h) “Fund” means the County Health Initiative Matching Fund. (i) “Local initiative” means a prepaid health plan that is organized by, or designated by, a county government or county governments, or organized by stakeholders, of a region designated by the department to provide comprehensive health care to eligible Medi-Cal beneficiaries. The entities established pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.96 are local initiatives. (j) “Optional targeted low-income children group” means the population described in Section 1905(u)(2)(B) of the Social Security Act (42 U.S.C. Sec. 1396d(u)(2)(B)) and in Section 14005.26. (k) “Access program” means the Medi-Cal Access Program under Chapter 2 (commencing with Section 15810). (l) “Health care service plan” includes Medi-Cal managed care plans contracting with the department under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3. (Amended by Stats. 2023, Ch. 266, Sec. 10. (AB 614) Effective January 1, 2024.)
  198. 15850.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    Most existing CCHIP applicants must stay in the program, and the department cannot add new applicants beyond those already participating on March 23, 2010.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15850.5. (a) Notwithstanding any other law, except as provided in subdivision (b), each applicant who was participating in CCHIP, formerly known as the County Health Initiative Matching Fund, on March 23, 2010, pursuant to former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, shall participate in the program established by this chapter, maintaining eligibility standards, methodologies, and procedures at least as favorable to eligible individuals as those in effect on March 23, 2010, and in a manner that satisfies the maintenance of effort obligation established in Section 2105(d)(3) of the Social Security Act (42 U.S.C. Sec. 1397ee(d)(3)). (b) (1) If an applicant county participating in CCHIP, formerly known as the County Health Initiative Matching Fund, on March 23, 2010, elects to cease funding the nonfederal share of program expenditures made pursuant to Section 15852, the department shall administer the program within that applicant county consistent with subdivision (a). (2) Notwithstanding any other law, the state general fund shall provide funding amounts equal to the total nonfederal share of all expenditures incurred by the department pursuant to paragraph (1). (3) The nonfederal share amounts described in paragraph (2) shall be deposited in the County Health Initiative Matching Fund created pursuant to Section 15852, and those funds shall be used by the department for purposes otherwise consistent with that section. (c) Notwithstanding any other law, as of the enactment of this section, the department shall not approve any additional applicant for participation under this chapter other than those applicants participating as of March 23, 2010. (d) This section shall only be operative to extent that federal financial participation is not jeopardized and any necessary federal approvals are secured. (e) This section shall become inoperative on the date that the maintenance of effort obligation pursuant to Section 2105(d)(3) of the Social Security Act (42 U.S.C. Sec. 1397ee(d)(3)) is no longer applicable to the state for purposes of this chapter. (Amended by Stats. 2023, Ch. 266, Sec. 11. (AB 614) Effective January 1, 2024. Inoperative on date prescribed by its own provisions.)
  199. 15852.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The County Health Initiative Matching Fund continues in the State Treasury, and the department must administer it for specified health coverage assistance purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15852. (a) The County Health Initiative Matching Fund is hereby continued in existence within the State Treasury. The fund shall accept funding, including but not limited to, funding from intergovernmental transfers as follows: (1) The nonfederal matching fund requirement for federal financial participation through the State Children’s Health Insurance Program (Subchapter 21 (commencing with Section 1397aa) of Chapter 7 of Title 42 of the United States Code). (2) Funding associated with a proposal approved pursuant to subdivision (e) Section 15853. (3) State general fund amounts pursuant to subdivision (b) of Section 15850.5. (b) Notwithstanding Section 13340 of the Government Code, amounts deposited in the fund shall be continuously appropriated to the department without regard to fiscal year, and shall be used only for the purposes specified by this section. (c) The department shall administer this fund and the provisions of this chapter for the express purpose of allowing local or state funds to be used to facilitate increasing the state’s ability to utilize federal funds available to California and for costs associated with a proposal pursuant to subdivision (e) of Section 15853 or for costs incurred by the department pursuant to paragraph (1) of subdivision (b) of Section 15850.5. Federal funds shall be used prior to the expiration of their authority for programs designed to improve and expand access for uninsured persons. (d) The department shall be reimbursed from the fund to cover the cost to administer the program. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  200. 15854.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department must set criteria for evaluating proposals, and it may approve or disapprove projects for funding and permit limited exceptions to the Medi-Cal managed care plan requirement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15854. (a) The department, in consultation with other appropriate parties, shall establish the criteria for evaluating an applicant’s proposal, which shall include, but not be limited to, the following: (1) The extent to which the program described in the proposal provides comprehensive coverage, including health, dental, and vision benefits. (2) Whether the proposal includes a promotional component to notify the public of its provision of health insurance to eligible children. (3) The simplicity of the proposal’s procedures for applying to participate and for determining eligibility for participation in its program. (4) The extent to which the proposal provides for coordination and conformity with benefits provided through the Medi-Cal program. (5) The extent to which the proposal provides for coordination and conformity with existing Medi-Cal administrative entities in order to prevent administrative duplication and fragmentation. (6) The ability of the health care providers designated in the proposal to serve the eligible population and the extent to which the proposal includes traditional and safety net providers, as defined by the department. (7) The extent to which the proposal intends to work with the school districts and county offices of education. (8) The total amount of funds available to the applicant to implement the program described in its proposal, and the percentage of this amount proposed for administrative costs as well as the cost to the state to administer the proposal. (9) The extent to which the proposal seeks to minimize the substitution of private employer health insurance coverage for health benefits provided through a governmental source. (10) The extent to which local resources may be available after the depletion of federal funds to continue any current program expansions for persons covered under local health care financing programs or for expanded benefits. (11) For the purposes of defining an applicant’s eligibility for funding under this chapter, the following shall apply: (A) The same income methodology shall be used for the proposed program that is currently used for the Medi-Cal program. (B) Only participating Medi-Cal managed care plans may be used. However, the department may permit exceptions to this requirement consistent with the purpose, of this chapter. (b) The department may, in its sole discretion, approve or disapprove projects for funding pursuant to this chapter on an annual basis. (c) To the extent that an applicant’s proposal pursuant to this chapter provides for health plan or administrative services under a contract entered into by the department or at rates negotiated for the applicant by the department, a contract entered into by the department or by an applicant shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services to the same extent as contracts entered into pursuant to subdivision (p) of Section 14005.26. The department and the applicant shall not be required to specify the amounts encumbered for each contract, but may allocate funds to each contract based on the projected or actual subscriber enrollments to a total amount not to exceed the amount appropriated for the project, including family contributions, when applicable. (Amended by Stats. 2022, Ch. 47, Sec. 141. (SB 184) Effective June 30, 2022.)

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