Welfare and Institutions Code — Part 18 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 18 of 35 · provisions 3,401–3,600

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

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About this statute

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. 16950.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3. Physician Services [16950 - 16950.1] ( Article 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Counties must use specified funds for uncompensated physician services and transfer at least half to the county Physician Services Account; they may use up to half for certain private-physician contracts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3. Physician Services [16950 - 16950.1] ( Article 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16950. (a) Twelve and two-tenths percent, or that portion of the CHIP Account derived from the Physician Services Account in a fiscal year, of each county’s allocation under Section 16941 shall be used for the support of or payment for uncompensated physician services. (b) Up to 50 percent of the moneys provided pursuant to subdivision (a) may be used by counties to pay for new contracts, with an effective date no earlier than July 1989, with private physicians for provision of emergency, obstetric, and pediatric services in facilities which are not owned or operated by a county, and where access to those services has been severely restricted. The contracts may provide for partial or full reimbursement for physician services provided to patients described in subdivision (f) of Section 16952, and shall be subject to subdivision (d) of Section 16955. (c) At least 50 percent of the moneys provided pursuant to subdivision (a) shall be transferred to the county Physician Services Account established in accordance with Section 16952 and administered in accordance with Article 3.5 (commencing with Section 16951). (Amended by Stats. 1990, Ch. 51, Sec. 37. Effective April 18, 1990.)
  2. 16950.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3. Physician Services [16950 - 16950.1] ( Article 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    The statute directs that $24,915,000 be allocated to counties for uncompensated physician services, with MISP counties receiving allocations based on percentages set in Section 16941.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3. Physician Services [16950 - 16950.1] ( Article 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16950.1. The twenty-four million nine hundred fifteen thousand dollars ($24,915,000) appropriated by Chapter 1331 of the Statutes of 1989 and the act amending this section in the 1990 portion of the 1989–90 Regular Session of the Legislature, to be allocated to counties for uncompensated physician services shall be allocated to MISP counties in accordance with percentages established in Section 16941. These funds shall be administered in accordance with subdivisions (b) and (c) of Section 16950. (Amended by Stats. 1990, Ch. 50, Sec. 21. Effective April 18, 1990.)
  3. 16951.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    A county receiving funds under this chapter must establish an emergency medical services fund, and the section does not require any county to impose the Penal Code assessment mentioned here.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16951. As a condition of receiving funds pursuant to this chapter, each county shall establish an emergency medical services fund as authorized by subdivision (a) of Section 1797.98 of the Health and Safety Code. This section shall not be interpreted to require any county to impose the assessment authorized by Section 1465 of the Penal Code. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  4. 16952.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Each county must create and fund a Physician Services Account in its emergency medical services fund, and the account is used to reimburse qualifying physician losses subject to several limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16952. (a) (1) Each county shall establish within its emergency medical services fund a Physician Services Account. Each county shall deposit in the Physician Services Account those funds appropriated by the Legislature for the purposes of the Physician Services Account of the fund. (2) (A) Each county may encumber sufficient funds to reimburse physician losses incurred during the fiscal year for which bills will not be received until after the fiscal year. (B) Each county shall provide a reasonable basis for its estimate of the necessary amount encumbered. (C) All funds that are encumbered for a fiscal year shall be expended or disencumbered prior to the submission of the report of actual expenditures required by Sections 16938 and 16980. (b) (1) Funds deposited in the Physician Services Account in the county emergency medical services fund shall be exempt from the percentage allocations set forth in subdivision (a) of Section 1797.98. However, funds in the county Physician Services Account shall not be used to reimburse for physician services provided by physicians employed by county hospitals. (2) No physician who provides physician services in a primary care clinic which receives funds from this act shall be eligible for reimbursement from the Physician Services Account for any losses incurred in the provision of those services. (c) The county physician services account shall be administered by each county, except that a county that is eligible to participate in the CMSP pursuant to Section 16809, may elect to have its county physician services account administered by the state. (d) Costs of administering the account, whether by the county or by the department through the emergency medical services contract-back program, shall be reimbursed by the account based on actual administrative costs, not to exceed 10 percent of the amount of the account. (e) For purposes of this article “administering agency” means the agency designated by the board of supervisors to administer this article, or the department, in the case of those counties that are eligible to participate in the CMSP pursuant to Section 16809, and that elect to have the state administer this article on their behalf. (f) The county Physician Services Account shall be used to reimburse physicians for losses incurred for services provided during the fiscal year of allocation due to patients who do not have health insurance coverage for emergency services and care, who cannot afford to pay for those services, and for whom payment will not be made through any private coverage or by any program funded in whole or in part by the federal government with the exception of claims submitted for reimbursement through Section 1011 of the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003. (g) Physicians shall be eligible to receive payment for patient care services provided by, or in conjunction with, a properly credentialed nurse practitioner or physician’s assistant for care rendered under the direct supervision of a physician and surgeon who is present in the facility where the patient is being treated and who is available for immediate consultation. Payment shall be limited to those claims that are substantiated by a medical record and that have been reviewed and countersigned by the supervising physician and surgeon in accordance with regulations established for the supervision of nurse practitioners and physician assistants in California. (h) (1) Reimbursement for losses shall be limited to emergency services as defined in Section 16953, obstetric, and pediatric services as defined in Sections 16905.5 and 16907.5, respectively. (2) It is the intent of this subdivision to allow reimbursement for all of the following: (A) All inpatient and outpatient obstetric services which are medically necessary, as determined by the attending physician. (B) All inpatient and outpatient pediatric services which are medically necessary, as determined by the attending physician. (i) Any physician may be reimbursed for up to 50 percent of the amount claimed pursuant to Section 16955 for the initial cycle of reimbursements made by the administering agency in a given year. All funds remaining at the end of the fiscal year shall be distributed proportionally, based on the dollar amount of claims submitted and paid to all physicians who submitted qualifying claims during that year. The administering agency shall not disburse funds in excess of the total amount of a qualified claim. (Amended by Stats. 2007, Ch. 577, Sec. 26. Effective October 13, 2007.)
  5. 16952.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Counties that choose to create a Physicians Services Account must file an annual report with the Legislature by April 15, and must make that report available to the public on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16952.1. (a) Each county that elects to establish a Physicians Services Account in the county emergency medical services fund shall annually, on April 15, report to the Legislature on the implementation and status of the Physicians Services Account. The report shall cover the preceding fiscal year, and shall include, but not be limited to, all of the following: (1) The total amount of moneys deposited in the Physicians Services Account. (2) The account balance and the amount of moneys disbursed to physicians and surgeons. (3) The number of claims paid to physicians, and the percentage of claims paid, based on the uniform fee schedule, as adopted by the county. (4) The amount of moneys available to be disbursed to physicians, descriptions of the physician claims payment methodologies, the dollar amount of the total allowable claims submitted, and the percentage at which those claims are reimbursed. (5) A statement of the policies, procedures, and regulatory action taken to implement and run the program under this chapter. (6) The name of the physician and hospital administrator organization, or names of specified physicians and hospital administrators, contracted to review claims payment methodologies. (b) Each county shall make available to any member of the public, upon request, the report required under subdivision (a). (Added by Stats. 2005, Ch. 671, Sec. 7. Effective January 1, 2006.)
  6. 16952.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Solano County must consult the local medical society before seeking reimbursement for certain managed care development expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16952.5. (a) Notwithstanding subdivision (g) of Section 16952, expenses incurred by Solano County for the development of managed care systems to increase access for indigents to physician emergency services shall be reimbursed subject to the availability of unexpended 1990–91 and 1991–92 fiscal year funds, up to a maximum of four hundred thousand dollars ($400,000). (b) The county shall consult with the local medical society before seeking reimbursement pursuant to this subdivision. (Added by Stats. 1993, Ch. 105, Sec. 1. Effective July 13, 1993.)
  7. 16953.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    This section defines “emergency services” and “emergency medical condition” 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 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16953. (a) For purposes of this chapter “emergency services” means physician services in one of the following: (1) A general acute care hospital which provides basic or comprehensive emergency services for emergency medical conditions. (2) A site which was approved by a county prior to January 1, 1990, as a paramedic receiving station for the treatment of emergency patients, for emergency medical conditions. (3) Beginning in the 1991–92 fiscal year and each fiscal year thereafter, in a facility which contracted prior to January 1, 1990, with the National Park Service to provide emergency medical services, for emergency medical conditions. (4) A standby emergency room in a hospital specified in Section 124840 of the Health and Safety Code, for emergency medical conditions. (5) A standby emergency room in a hospital in existence on January 1, 2007, located in Los Angeles County that meets all of the following requirements: (A) The requirements of subdivision (m) of Section 70413 and Sections 70415 and 70417 of Title 22 of the California Code of Regulations. (B) Reported at least 18,000 emergency department patient encounters to the Office of Statewide Health Planning and Development in 2007 and continues to report at least 18,000 emergency department patient encounters to the Office of Statewide Health Planning and Development in each year thereafter. (C) A hospital with a standby emergency department meeting the requirements of this paragraph shall do both of the following: (i) Annually provide the State Department of Public Health and the local emergency medical services agency with certification that it meets the requirements of subparagraph (A). The department shall confirm the hospital’s compliance with subparagraph (A). (ii) Annually provide to the State Department of Public Health and the local emergency medical services agency the emergency department patient encounters it reports to the Office of Statewide Health Planning and Development to establish that it meets the requirement of subparagraph (B). (b) For purposes of this chapter, “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, which in the absence of immediate medical attention could reasonably be expected to result in any of the following: (1) Placing the patient’s health in serious jeopardy. (2) Serious impairment to bodily functions. (3) Serious dysfunction to any bodily organ or part. (c) It is the intent of this section to allow reimbursement for all inpatient and outpatient services which are necessary for the treatment of an emergency medical condition as certified by the attending physician or other appropriate provider. (Amended by Stats. 2008, Ch. 288, Sec. 3. Effective January 1, 2009.)
  8. 16953.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Certain emergency physicians, surgeons, or emergency physician groups with a hospital gross billings arrangement are entitled to reimbursement from the county physician services account if listed conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16953.1. Notwithstanding any other provision of this chapter, an emergency physician and surgeon, or an emergency physician group, with a gross billings arrangement with a hospital shall be entitled to receive reimbursement from the physician services account in the county’s emergency medical services fund for services provided in that hospital, if all of the following conditions are met: (a) The services are provided in a basic or comprehensive general acute care hospital emergency department. (b) The physician and surgeon is not an employee of the hospital. (c) All provisions of Section 16955 are satisfied, except that payment to the emergency physician and surgeon, or an emergency physician group, by a hospital pursuant to a gross billings arrangement shall not be interpreted to mean that payment for a patient is made by a responsible third party. (d) Reimbursement from the physician services account in the county’s emergency medical services fund is sought by the hospital or the hospital’s designee, as the billing and collection agent for the emergency physician and surgeon, or an emergency physician group. (e) For purposes of this section, “gross billings arrangement” means an arrangement whereby a hospital serves as the billing and collection agent for the emergency physician and surgeon, or an emergency physician group, and pays the emergency physician and surgeon, or an emergency physician group, a percentage of the emergency physician and surgeon’s or group’s gross billings for all patients. (Amended by Stats. 1991, Ch. 278, Sec. 20. Effective July 30, 1991.)
  9. 16953.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    A physician may use a billing and collection agent to submit claims or receive payment for claims.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16953.2. Nothing in this article shall prevent a physician from utilizing an agent who furnishes billing and collection services to the physician to submit claims or receive payment for claims. (Added by Stats. 1991, Ch. 278, Sec. 21. Effective July 30, 1991.)
  10. 16953.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Counties and the State Department of Public Health must adopt fee schedules for physician services reimbursement, and the department may use bulletins instead of formal rulemaking.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16953.3. (a) Notwithstanding any other restrictions on reimbursement, a county shall adopt a fee schedule to establish a uniform, reasonable level of reimbursement from the Physician Services Account for reimbursable services. (b) (1) Notwithstanding any other restrictions on reimbursement, the State Department of Public Health shall adopt a single fee schedule to establish a uniform, reasonable level of reimbursement for use in the physician services reimbursement programs operated by the department pursuant to contract, as provided for in subdivision (c) of Section 16952. (2) The State Department of Public Health may develop, contract for the development of, or adopt by reference, the fee schedule required by paragraph (1). (3) Pursuant to subdivision (d) of Section 16952, the State Department of Public Health may be reimbursed by the Physician Services Account and the Hospital Services Account based on actual administrative costs to develop or adopt the fee schedule required by paragraph (1), not to exceed 10 percent of the amount of the account. (4) Notwithstanding 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 subdivision by means of provider bulletins, or similar instruction, without taking formal regulatory action. (Amended by Stats. 2007, Ch. 483, Sec. 53. Effective January 1, 2008.)
  11. 16955.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    A physician may recover losses only if several billing, collection, and notice conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16955. Reimbursement for losses incurred by any physician shall be limited to services provided to a patient as established by subdivisions (f) and (g) of Section 16952, and where all of the following conditions have been met: (a) The physician has inquired if there is a responsible third-party source of payment. (b) The physician has billed for payment of services. (c) Either of the following: (1) A period of not less than three months has passed from the date the physician billed the patient or responsible third party, during which time the physician has made reasonable efforts to obtain reimbursement and has not received reimbursement for any portion of the amount billed. (2) The physician has received actual notification from the patient or responsible third party that no payment will be made for the services rendered by the physician. (d) The physician has stopped any current, and waives any future, collection efforts to obtain reimbursement from the patient, upon receipt of funds from the county physician services account in the county emergency medical services fund. (Amended by Stats. 2005, Ch. 671, Sec. 9. Effective January 1, 2006.)
  12. 16955.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    The article cannot be read to stop a physician from seeking payment or setting up a repayment schedule for past services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16955.1. This article shall not be applied or interpreted so as to prevent a physician from seeking payment from a patient or responsible third-party payor, or arranging a repayment schedule for the costs of services rendered prior to receiving payment under this article. (Added by Stats. 1990, Ch. 51, Sec. 42. Effective April 18, 1990.)
  13. 16956.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The administering agency must set claim-processing procedures and payment schedules, pay eligible claims at least quarterly when funds are available, protect patient-name confidentiality, and avoid favoritism or conflicts of interest. Physicians’ claims must be accompanied by a patient-name list, and payments are limited to specified emergency-care days unless a transfer exception applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16956. (a) The administering agency shall establish procedures and time schedules for submission and processing of reimbursement claims submitted by physicians in accordance with this chapter. (b) Schedules for payment established in accordance with this section shall provide for disbursement of the funds available in the account periodically and at least quarterly, if funds remain available for disbursement, to all physicians who have submitted claims containing accurate and complete data for payment by the dates established by the administering agency. (c) Claims which are not supported by records may be denied by the administering agency, and any reimbursement paid in accordance with this chapter to any physician which is not supported by records shall be repaid to the administering agency, and shall be a claim against the physician. (d) Any physician who submits any claim for reimbursement under this chapter which is inaccurate or which is not supported by records may be excluded from reimbursement of future claims under this chapter. (e) A listing of patient names shall accompany a physician’s claim, and those names shall be given full confidentiality protections by the administering agency. (f) The administering agency shall not give preferential treatment to any facility, physician, or category of physician and shall not engage in practices that constitute a conflict of interest by favoring a facility or physician with which the administering officer has an operational or financial relationship. (g) Payments shall be made only for emergency medical services provided on the calendar day on which emergency medical services are first provided and on the immediately following two calendar days. (h) Notwithstanding subdivision (g), if it is necessary to transfer the patient to a second facility that provides for a higher level of care for the treatment of the emergency condition, reimbursement shall be available for services provided to the facility to which the patient was transferred on the calendar day of transfer and on the immediately following two calendar days. (Amended by Stats. 2005, Ch. 671, Sec. 10. Effective January 1, 2006.)
  14. 16956.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The administering agency may create an EMS Fund advisory committee, and may approve certain reimbursement rules for uninsured trauma patients and claim submissions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16956.5. (a) The administering agency may establish an EMS Fund advisory committee. The committee shall include emergency physicians and emergency department oncall backup panel physicians. The committee shall advise the administering agency regarding distribution of funds pursuant to this section. (b) If the administering agency establishes a committee pursuant to subdivision (a) and the committee, upon an affirmative vote by every member of the committee, recommends that the administering agency adopt a special fee schedule and claims submission criteria for reimbursement for services rendered to uninsured trauma patients, the administering agency may adopt the special fee schedule and claims submission criteria. (c) Notwithstanding any provision of law to the contrary, in addition to reimbursement for trauma service rendered in the initial day and the following two calendar days, the administering agency may reimburse pursuant to this section for services rendered to uninsured trauma patients beyond the calendar day on which emergency medical services are first provided and the immediately following two calendar days. (d) Only up to 15 percent of the tobacco tax revenues allocated to the county’s EMS Fund may be distributed through this special fee schedule. (e) All providers who render services to uninsured trauma patients may submit claims for reimbursement under this section. No provider’s claim shall be initially reimbursed pursuant to this section at greater than 50 percent of losses. (Added by Stats. 2005, Ch. 671, Sec. 11. Effective January 1, 2006.)
  15. 16957.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Physicians who submit a claim under this chapter must keep records of the services, the patient, and any extra information the administering agency requires for three years after the services were provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16957. Any physician who submits any claim in accordance with this chapter shall keep and maintain records of the services rendered, the person to whom services were rendered, and any additional information the administering agency may require, for a period of three years after the services were provided. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  16. 16958.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    If a physician is later reimbursed by a patient or responsible third party after being paid from the account, the physician must choose one of the listed repayment/notice options.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16958. If, after receiving payment from the account, a physician is reimbursed by a patient or a responsible third-party, the physician shall do one of the following: (a) Notify the administering agency and the administering agency shall reduce the physician’s future payment of claims from the account . In the event there is not a subsequent submission of a claim for reimbursement within one year, the physician shall reimburse the account in an amount equal to the amount collected from the patient or third-party payor, but not more than the amount of reimbursement received from the account. (b) Notify the administering agency of the payment and reimburse the account in an amount equal to the amount collected from the patient or third-party payor, but not more than the amount of the reimbursement received from the account for that patient’s care. (Amended by Stats. 1990, Ch. 51, Sec. 43. Effective April 18, 1990.)
  17. 16959.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Money in a Physician Services Account within an Emergency Medical Services Fund is not subject to Chapter 2.5 of the Health and Safety Code.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 3.5. Physician Services Account [16951 - 16959] ( Article 3.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16959. The moneys contained in a Physician Services Account within an Emergency Medical Services Fund shall not be subject to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code. (Added by Stats. 1991, Ch. 1169, Sec. 5.)
  18. 16960.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 4. Other County Health Services [16960 - 16961] ( Article 4 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    MISP counties must use specified funds for county health care services, give consideration to city public health departments where they exist, and follow spending caps for equipment and fixed assets.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 4. Other County Health Services [16960 - 16961] ( Article 4 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16960. (a) Twenty-eight and three-tenths percent, or that percentage of the program account deriving from the Unallocated Account of the fund in a fiscal year of each MISP county’s allocation under Section 16941, shall be expended consistent with Article 2 (commencing with Section 30121) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code, at county discretion, to maintain and enhance health care services provided on or after July 1, 1989, for patients who cannot pay for those services which will not be covered by private insurance or by a program funded in whole or in part by the federal government. In those MISP counties where city public health departments exist, the county shall give consideration to those agencies in the use of funds received pursuant to this section. (b) Counties may expend up to 5 percent or fifty thousand dollars ($50,000), whichever is greater, of the funds received pursuant to this section for costs related to the purchase of equipment and fixed assets. However, no single expenditure may exceed ten thousand dollars ($10,000). (Amended by Stats. 1990, Ch. 51, Sec. 44. Effective April 18, 1990.)
  19. 16961.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 4. Other County Health Services [16960 - 16961] ( Article 4 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This article limits covered services to specified health care services for patients who cannot afford them and who are not covered by private coverage or a program funded in whole or in part by the federal government.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 4. Other County Health Services [16960 - 16961] ( Article 4 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16961. Services provided pursuant to this article include only those health care services specified in Sections 14021 and 14132, and former Division 1 (commencing with Section 100), and the Communicable Disease Prevention and Control Act as set forth in subdivision (a) of Section 27, of the Health and Safety Code, which are provided to patients who cannot afford to pay for those services, and for whom payment will not be made through private coverage or by any program funded in whole or in part by the federal government. (Amended by Stats. 1996, Ch. 1023, Sec. 495. Effective September 29, 1996.)
  20. 16970.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 5. Child Health and Disability Prevention [16970- 16970.] ( Article 5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Counties must provide or pay for medically necessary follow-up care for certain children screened under the program, unless another coverage source applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 5. Child Health and Disability Prevention [16970- 16970.] ( Article 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16970. (a) As a condition of receiving funds under this chapter, a county shall provide, or arrange and pay for, medically necessary followup treatment, including necessary followup dental treatment and prescription drugs, for any condition detected as part of a child health and disability prevention screen for any child eligible for services under Section 104395 of the Health and Safety Code if the child was screened by the county or upon referral by a child health and disability prevention program provider, unless the child is eligible to receive care with no share of cost under the Medi-Cal program or is covered under another publicly funded program, or the services are payable under private insurance coverage. (b) A county may require that hospitals, physicians, dentists, and other providers receiving funds appropriated pursuant to this part participate in complying with this section, provided that: (1) Hospitals that receive an allocation pursuant to paragraph (1) of subdivision (b) of Section 16946 and physicians who receive payment from the Physician Services Account of the emergency medical services fund established pursuant to Article 3.5 (commencing with Section 16951) shall not be required to participate in complying with subdivision (a) as a condition of receiving those allocations or payments. (2) Only providers that contract with the county and receive funds disbursed from the Unallocated Account pursuant to Article 4 (commencing with Section 16960) or from the discretionary portion of the Physician Services Account pursuant to subdivision (b) of Section 16950, or from the discretionary portion of the Hospital Services Account pursuant to paragraph (2) of subdivision (b) of Section 16946 may be required to participate in complying with subdivision (a). (c) Dental services provided pursuant to this section shall be at least equal in scope and frequency to dental services available to Medi-Cal eligible children of the same age. (d) Counties shall implement this section in consultation and coordination with their child health disability prevention programs. (Amended by Stats. 1996, Ch. 1023, Sec. 496. Effective September 29, 1996.)
  21. 16980.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 6. County Application [16980 - 16981] ( Article 6 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The department must make monthly county allocation payments after county application, and counties must submit expenditure reports; the department reviews reports and may recoup unspent or noncompliant funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 6. County Application [16980 - 16981] ( Article 6 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16980. (a) The department shall make initial monthly payments of county allocations made pursuant to Section 16941 upon application of the county assuring that it will comply with the provisions of this part. Payments shall be made on a monthly basis. Payments made beyond February 15 of each fiscal year, shall be contingent upon the signing of an agreement between the county board of supervisors and the department. (b) (1) Each county shall submit a report of expenditures and other information to the department according to procedures established by the department. The department shall review the report submitted pursuant to this paragraph and recoup unspent moneys, or any expenditures that are not in compliance with this chapter or the requirements established pursuant to Section 16990. (2) Beginning with the 1990–91 fiscal year, each county shall include an estimate of, and the costs and funding arrangement for, dental services in its information submitted pursuant to paragraph (1). (Amended by Stats. 1994, Ch. 195, Sec. 48. Effective July 12, 1994.)
  22. 16981.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 6. County Application [16980 - 16981] ( Article 6 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The department must review county compliance, report the results annually, may withhold funds if a county does not fix deficiencies after written notice, and must recoup certain improperly used funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 6. County Application [16980 - 16981] ( Article 6 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16981. (a) The department shall conduct fiscal and program reviews to ensure county compliance with the provisions of this part, and shall report annually the results of these reviews to the Legislature. The department may withhold funds, up to the total amount of funds allocated under this chapter, if a county fails to correct deficiencies in the program after receiving written notice of noncompliance from the department. (b) The department shall recoup funds which were provided pursuant to this chapter and Chapter 4 (commencing with Section 16930) if they were not encumbered or expended according to the requirements of this chapter or Chapter 4 respectively within the fiscal year according to procedures and reports required by the department. The funds shall revert to the CHIP Account or Rural Health Services Account respectively. (Amended by Stats. 1994, Ch. 195, Sec. 49. Effective July 12, 1994.)
  23. 16990.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Counties receiving certain allocations must keep county health-services funding at or above specified levels, with limited adjustments and a possible reduction for transferred Health Account funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16990. (a) (1) Any county receiving an allocation pursuant to this chapter and Chapter 4 (commencing with Section 16930) shall, at a minimum, maintain a level of financial support of county funds for health services at least equal to the total of the amounts specified in this subdivision. The amounts specified in paragraph (1) shall be adjusted on July 1 of each year equal to the growth in the sales tax and vehicle license fees allocated to the trust fund accounts and the county general fund pursuant to Chapter 6 (commencing with Section 17600) of Part 5. Each of the following counties shall maintain a realignment financial maintenance of effort according to the following schedule: Jurisdiction Amount Alameda ........................ $ 62,950,138 Alpine ........................ 150,781 Amador ........................ 1,702,152 Butte ........................ 8,378,036 Calaveras ........................ 1,286,374 Colusa ........................ 1,362,787 Contra Costa ........................ 31,188,063 Del Norte ........................ 1,305,412 El Dorado ........................ 5,626,036 Fresno ........................ 32,555,212 Glenn ........................ 1,368,045 Humboldt ........................ 8,995,114 Imperial ........................ 8,526,220 Inyo ........................ 2,320,718 Kern ........................ 23,025,845 Kings ........................ 4,310,952 Lake ........................ 1,767,837 Lassen ........................ 1,555,628 Los Angeles ........................ 510,082,064 Madera ........................ 3,523,697 Marin ........................ 11,349,537 Mariposa ........................ 766,751 Mendocino ........................ 2,782,024 Merced ........................ 4,711,969 Modoc ........................ 939,453 Mono ........................ 1,673,165 Monterey ........................ 11,816,218 Napa ........................ 4,751,422 Nevada ........................ 2,669,976 Orange ........................ 66,846,735 Placer ........................ 3,009,967 Plumas ........................ 1,143,704 Riverside ........................ 33,598,282 Sacramento ........................ 33,012,993 San Benito ........................ 1,601,614 San Bernardino ........................ 27,576,793 San Diego ........................ 49,373,333 San Francisco ........................ 106,622,954 San Joaquin ........................ 12,646,288 San Luis Obispo ........................ 5,888,487 San Mateo ........................ 21,788,027 Santa Barbara ........................ 12,659,559 Santa Clara ........................ 47,316,403 Santa Cruz ........................ 8,373,710 Shasta ........................ 6,521,122 Sierra ........................ 327,339 Siskiyou ........................ 2,401,825 Solano ........................ 8,942,768 Sonoma ........................ 16,146,306 Stanislaus ........................ 13,403,954 Sutter ........................ 4,872,252 Tehama ........................ 3,257,915 Trinity ........................ 1,599,409 Tulare ........................ 8,593,714 Tuolumne ........................ 2,525,076 Ventura ........................ 17,042,243 Yolo ........................ 4,396,875 Yuba ........................ 3,083,423 Total ........................ $1,278,014,696 (2) A county may, upon notifying the department of the transfers authorized by this paragraph, reduce the level of financial maintenance of effort required of the county by paragraph (1) by the amount of the funds transferred from the Health Account pursuant to Section 17600.20. (b) For purposes of this section, if a county desires to use any of its allocation pursuant to this chapter or Chapter 4 (commencing with Section 16930) for programs and costs not reported as part of the plan and budget required by Section 16800, the county, as a condition of using its allocation for these purposes, must maintain an amount of county funding for those programs and costs at least equal to the 1988–89 fiscal year levels. (c) Moneys received by a county under this chapter shall be accounted for as revenue in the plan and budget which is required pursuant to Section 16800 and shall not be used as county matching funds for any other program requiring a county match. (d) If a county fails to maintain financial maintenance of effort at least equal to the total of the amounts specified in paragraph (1) of subdivision (a), the department shall recover funds allocated to the county under this part sufficient to bring the county into compliance with the financial maintenance of effort provisions. Funds shall be recovered proportionately from the Hospital Services Account, the Physician Services Account, and the Unallocated Account. (e) The participation fee specified in Section 16809.3 shall not be included in determining a county’s compliance with the maintenance of effort provisions of this section. (f) For the purposes of determining the level of financial support required for the 1991–92 fiscal year, the amounts specified in paragraph (1) of subdivision (a) shall be reduced to reflect shortfalls in revenue to local health and welfare trust fund health accounts due to shortfalls in receipts of sales tax revenue and county deposits required pursuant to subdivision (b) of Section 17608.10, compared to the amounts of these funds originally anticipated, as determined by the Director of Health Services. (g) For the purposes of determining the level of financial support required in the 1992–93 fiscal year, the amounts specified in paragraph (1) of subdivision (a) shall be reduced by 7 percent. (h) For the purposes of determining the level of financial support required in the 1993–94 fiscal year and subsequent fiscal years, the amounts specified in paragraph (1) of subdivision (a) shall be reduced to reflect shortfalls in revenue to local health and welfare trust fund health accounts due to shortfalls in receipts of sales tax revenue and county deposits required pursuant to subdivision (b) of Section 17608.10, compared to the amounts of these funds originally anticipated for the 1991–92 fiscal year, as determined by the Director of Health Services. (Amended by Stats. 1996, Ch. 6, Sec. 6. Effective January 1, 1997.)
  24. 16990.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    For the 1996–97 fiscal year, the specified amounts in Section 16990 must be calculated by adding subparagraph (A) amounts to 50% of subparagraph (B) amounts, despite the first sentence of paragraph (1) of subdivision (a).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16990.1. Notwithstanding the first sentence of paragraph (1) of subdivision (a) of Section 16990, for the purposes of determining the level of financial support in the 1996–97 fiscal year, the amounts specified in subparagraph (A) of paragraph (1) of subdivision (a) of Section 16990 shall be added to 50 percent of the amounts specified in subparagraph (B) of paragraph (1) of subdivision (a). (Added by Stats. 1996, Ch. 199, Sec. 17. Effective July 22, 1996.)
  25. 16990.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Counties must deposit net disproportionate share hospital revenues into non-general-fund accounts and keep them until used for the section’s allowed purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16990.5. (a) The following definitions shall govern the construction of this section, unless the context requires otherwise: (1) “Capital outlay” means net disproportionate share hospital revenues used for projects that involve the acquisition, construction, renovation, improvement, modernization, expansion, or replacement of a plant, building, or fixed or movable equipment, including debt service for facilities used in the provision of county health care services or mental health services. (2) “County health care services” means those services described in subdivision (a) of Section 16801. (3) “County financial maintenance of effort” means the level of financial support required of a county pursuant to Section 16990. (4) “Net disproportionate share hospital revenues” means the amount determined by subtracting the total intergovernmental transfers made by a county pursuant to Sections 14163 and 14164 from the total amount of the payment adjustments paid to the county’s hospital or hospitals pursuant to Section 14105.98. This calculation shall reflect any amendment to Sections 14163 and 14164, including amendments to paragraph (2) of subdivision (d) of Section 14163. (5) “Mental health services” means those programs transferred or otherwise financed pursuant to Chapters 89 and 91 of the Statutes of 1991. (b) (1) Each county shall deposit all net disproportionate share hospital revenues into a fund or funds other than the county general fund, and shall retain those revenues until utilized for the purposes described in this section. (2) All disproportionate share hospital revenues are intended to support health care services rendered by disproportionate share hospitals, including, but not limited to, health or mental health services and health or mental health capital outlays. Net disproportionate share hospital revenues shall not be used to supplant or offset county general funds or other funds that were expended or encumbered for those purposes prior to July 1, 1991. (3) Net disproportionate share hospital revenues shall be included in computing county financial maintenance of effort only as set forth in subdivision (c). (c) For the 1991–92 fiscal year, and for each fiscal year thereafter, for purposes of computing county financial maintenance of effort, net disproportionate share hospital revenues deposited in accordance with subdivision (b) shall be treated as follows: (1) Net disproportionate share hospital revenues utilized for a county for mental health services, or for capital outlay for health or mental health services, shall not be counted as revenue in the computation of county financial maintenance of effort. (2) Net disproportionate share hospital revenues that are not utilized as described in paragraph (1) shall be counted as revenue in the computation of a county’s financial maintenance of effort only to the extent that by not counting those revenues for a particular fiscal year, a county’s net county costs for county health care services exceeds the amount of county funds required to satisfy the requirements of Section 16990 for the particular fiscal year. (3) Net disproportionate share hospital revenues counted as revenue in the calculation of county financial maintenance of effort for a particular year pursuant to paragraph (2) shall not be counted as revenue in the calculation of county financial maintenance of effort relating to any subsequent fiscal year. (d) Net disproportionate share hospital revenues may not be used for deposits required by Sections 17608.05 and 17608.10 or as county funds required by Section 16990. (Amended by Stats. 1997, Ch. 294, Sec. 82. Effective August 18, 1997.)
  26. 16990.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    A qualifying county may reduce its required financial maintenance of effort by the amount of certain unspent local public health service funds tied to vacant contracted positions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 7. Financial Maintenance of Effort [16990 - 16990.9] ( Article 7 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16990.9. The level of financial maintenance of effort required of a county that contracts with the department pursuant to Section 101300 of the Health and Safety Code during the 1991–92, 1992–93, 1993–94, 1994–95, and subsequent fiscal years may be reduced by the amount of local public health service funds retained by the county for that fiscal year that are unexpended as a result of vacant contracted positions. (Amended by Stats. 1996, Ch. 1023, Sec. 497. Effective September 29, 1996.)
  27. 16991.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 8. Newly Legalized Person Health Services Appropriation and Funding Guarantee [16991- 16991.] ( Article 8 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section appropriates state funds for county health funding allocations and sets rules for reimbursements, prospective payments, and a possible General Fund loan.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 8. Newly Legalized Person Health Services Appropriation and Funding Guarantee [16991- 16991.] ( Article 8 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16991. (a) The sum of twenty-six million five hundred ninety-seven thousand dollars ($26,597,000) is appropriated from the General Fund to the department, for the 1989–90 fiscal year, to be allocated to each county receiving funds pursuant to subdivision (d) of Section 16703. Each county’s maximum allocation under this section shall be determined as follows: (1) The sum of one hundred twenty-six million five hundred ninety-seven thousand dollars ($126,597,000) shall be multiplied by each county’s percentage determined by subdivision (d) of Section 16703. (2) For each county, the percentage of persons newly legalized under the Immigration Reform and Control Act of 1986 (IRCA) who are residents of that county divided by the total of all IRCA newly legalized persons for all counties eligible to receive funds pursuant to this section shall be determined. The department shall utilize the most recent data from the federal Department of Health and Human Services for this purpose. (3) Each county’s percentage determined in paragraph (2) shall then be multiplied by one hundred twenty-six million five hundred ninety-seven thousand dollars ($126,597,000). (4) For each county, the amount determined in paragraph (3) shall be subtracted from the amount determined in paragraph (1). If the resulting amount is negative, no funds shall be allocated to that county. If the resulting amount is positive, that amount shall be the county’s maximum allocation and shall be made available to that county in the same manner and according to the same procedures and requirements that govern funds made available pursuant to subdivision (d) of Section 16703, except that the department shall make the payment of each county’s allocation as determined above in one lump sum on or before January 1, 1990. (5) For purposes of computing fiscal year 1989–90 reimbursements under this section, if the sum of funding that a county received from its allocation pursuant to Section 16703, the amount of reimbursement it received from federal State Legalization Impact Assistance Grant funding for indigent care, and its share of funding provided in this section is less than the amount of funding the county received pursuant to Section 16703 in fiscal year 1988–89 the state shall reimburse the county for the amount of the difference. For purposes of computing reimbursements under this section, if the sum of funding that a county received from its fiscal year 1990–91 allocation pursuant to Section 16703, and the amount received from State Legalization Impact Assistance Grant funds, plus the amount of the reductions made pursuant to subdivision (b) of Section 1 of Chapter 1323 of the Statutes of 1990 and Chapter 467 of the Statutes of 1990, is less than the amount of funding a county received pursuant to Section 16703 in the 1988–89 fiscal year, the state shall reimburse the difference. If the department determines that the county has not made reasonable efforts to document and claim federal SLIAG funding for indigent care, the department shall deny the reimbursement. (6) The calculations specified in paragraph (5) shall be performed after the end of the fiscal year after all claims from a county for that fiscal year have been adjudicated. For fiscal year 1989–90, claims for funding pursuant to this section shall be submitted no later than April 30, 1992, and, if approved by the department, shall be reimbursed no later than June 30, 1992. For fiscal year 1990–91, claims for funding pursuant to this section shall be submitted no later than April 30, 1993, and, if approved by the department, shall be reimbursed no later than June 30, 1993. (7) If a county submits additional claims for services provided in a specific year and has received funds under paragraph (5) for that year, the department shall reimburse the General Fund up to amount received under paragraph (5) from federal State Legalization Impact Assistance Grant funds otherwise payable to the county based upon the additional claims. (b) In determining if a county has made reasonable efforts to document and claim federal State Legalization Impact Assistance Grant funding, the department may require a county to utilize statistically valid sampling methods or to utilize the federal Cost Documentation System for Social Security matching. (c) To the extent allowed by federal law, the department shall make quarterly prospective payments of federal State Legalization Impact Assistance Grant funds to counties for the 1988–89, 1989–90, and 1990–91 fiscal years SLIAG claims for indigent health services. Prospective payments shall not exceed the total amount of a county’s 1987–88 fiscal year claim, as adjusted by the department, on an annualized basis. As a condition of receiving a prospective payment, the county shall certify that it intends to submit claims exceeding the amount of the payments. A county shall be liable for any overpayments or federal sanctions in the event of an excess drawdown of federal State Legalization Impact Assistance Grant funds. (d) A county may apply for, and the Department of Finance may approve, a state General Fund loan in the 1989–90 fiscal year to meet anticipated shortfalls in its Medically Indigent Services Program. In order to receive funds, the county shall demonstrate to the Department of Finance that the county will not submit 1989–90 fiscal year claims totaling more than 50 percent of its estimated SLIAG amount as determined by its percentage of the newly legalized population multiplied by the amount of total SLIAG funds available. The county shall also demonstrate that the county has made reasonable efforts to document and claim federal SLIAG funds as defined in paragraph (7) of subdivision (a). In no event shall the loan amount exceed 50 percent of a county’s percentage of the newly legalized population multiplied by the amount of total SLIAG funds available, or exceed the amount to which the county is entitled pursuant to paragraph (5) of subdivision (a). The loan shall be issued to the county, as soon as possible after the enactment of Assembly Bill 1154 of the 1989–90 Regular Session of the Legislature, but no later than June 30, 1990. The loan balance shall be credited in the amount of funds provided pursuant to paragraph (5) of subdivision (a) upon receipt of the funds. Repayment shall include interest calculated at the rate earned by the Pooled Money Investment Account. (Amended by Stats. 1991, Ch. 511, Sec. 1. Effective October 7, 1991.)
  28. 16994.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 9. Capital Outlay [16994- 16994.] ( Article 9 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section directs how county health-care capital outlay money must be allocated, used, reported, and recouped.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 9. Capital Outlay [16994- 16994.] ( Article 9 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16994. (a) (1) Ninety percent of the amount appropriated for the purposes of this article shall be allocated to MISP counties according to the percentages specified in this chapter. (2) The remaining 10 percent shall be allocated to CMSP counties, according to the following procedures: (A) Calculate the sum of uncompensated care costs for all hospitals in each CMSP county. (B) Divide the sum of subparagraph (A) by the sum of uncompensated care costs for all hospitals within all CMSP counties. (C) Multiply the quotient derived from the application of subparagraph (B) by the total amount appropriated pursuant to paragraph (2) for the purposes of this article. (b) Funding utilized under this section shall be for capital expenditure and equipment acquisition purposes associated with the direct delivery of patient care. In addition, each county may utilize up to two million dollars ($2,000,000) or 25 percent of its allocation under this section, whichever is greater, on a one-time basis only in the 1989–90 fiscal year to restore county special fund balances to their July 1, 1988, levels. Funds from this section may be allocated for this purpose only in circumstances where the county board of supervisors transferred moneys from those special funds to the county general fund or from the county general fund to health facilities enterprise funds in order to support indigent health care services in the 1988–89 fiscal year. All capital outlay moneys under this section utilized to restore county special fund or general fund balances shall be appropriated for capital expenditures and equipment acquisition associated with the direct delivery of patient care in the 1990–91 fiscal year. (c) Except as provided in subdivision (b), no less than 67 percent of the moneys a county receives under this section shall be allocated to county acute care hospitals, University of California hospitals, or any private hospital licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code, which operates an emergency room or a burn unit or outpatient clinic. The moneys may be expended for facility repair, renovation, remodeling, expansion, or acquisition or equipment needs. (d) Except as provided in subdivision (b), up to 33 percent of the moneys a county receives under this section may be expended for capital improvement and equipment needs for outpatient clinics, or mental health facilities, or public health clinics or licensed community and free clinics or clinics operated by tribes or tribal organizations. (e) Noncounty hospitals shall utilize funds received under this section only for capital expenditures related to emergency room, burn unit, and outpatient clinics. (f) County hospitals may utilize funds received under this section for expenditures related to inpatient, outpatient, emergency room, or burn unit services. (g) Funds utilized from this section shall be for capital expenditure purposes associated with the direct treatment of patients. (h) Each county receiving moneys under this section shall submit a plan for the use of these moneys to the department for review and approval prior to making any commitment for the expenditure of such funds. Any subsequent revision to the county’s capital improvements plan shall also be submitted for review and approval. The department’s approval authority shall be limited to a determination of whether the county’s plan conforms to statutory provisions as contained in this section and part. The department may establish necessary procedures and forms for the submission, review, and approval of county plans and reports. (i) (1) Counties receiving moneys pursuant to this section shall deposit them in a separate capital outlay fund, established solely for this purpose, before transferring or expending them. (2) Interest earnings on the fund established pursuant to paragraph (1) shall accrue to the benefit of that capital outlay fund, and shall be expended for uses authorized by this section. (3) County costs of administering the fund established pursuant to this section shall be reimbursed from that fund. (j) The expenditure of moneys authorized by this section may be made without regard to fiscal year provided that moneys authorized by this section shall be available for encumbrance for three fiscal years and for expenditure for five fiscal years, including the 1989–90 fiscal year. At the end of five years any moneys which have not been expended shall be recouped by the department. (k) Counties shall submit an annual report, in accordance with guidelines provided by the department, detailing the use and actual expenditure of moneys received pursuant to this section. The department shall recoup the amount of any county expenditure which does not conform to the provisions of this section. (l) Payment of moneys under this section shall be made as follows: (1) Half of the county’s allocation shall be paid upon the department’s approval of the county plan specified in subdivision (h). (2) The remaining half of the county’s allocation shall be paid upon execution of a capital outlay standard agreement, between the county board of supervisors and the department. (m) For the purposes of this section, “capital expenditures” means expenditures for fixed assets, major movable equipment, fixtures, structures, emergency communications systems necessary to perform the duties of a base station hospital or base hospital physician, as defined in Sections 1797.58 and 1797.59 of the Health and Safety Code, and improvements as defined for counties in “Accounting Standards and Procedures for Counties” issued by the Office of the Controller, Division of Local Government, Fiscal Affairs and for other providers as defined by generally accepted standards of accounting practices. (Amended by Stats. 1990, Ch. 51, Sec. 49. Effective April 18, 1990.)
  29. 16995.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 10. Eligibility and Benefit Requirements [16995 - 16995.1] ( Article 10 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    County funds received under this chapter must not be used for health services for people detained in a county or city jail or other correctional facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 10. Eligibility and Benefit Requirements [16995 - 16995.1] ( Article 10 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16995. Funds received by a county pursuant to this chapter shall not be used to support health services provided to persons detained in a county or city jail or other correctional facility. (Amended by Stats. 1992, Ch. 719, Sec. 11. Effective September 15, 1992.)
  30. 16995.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 10. Eligibility and Benefit Requirements [16995 - 16995.1] ( Article 10 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Funding under this chapter does not excuse a county from its duty to provide indigent health care under Section 17000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 10. Eligibility and Benefit Requirements [16995 - 16995.1] ( Article 10 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16995.1. Receipt of funding pursuant to this chapter shall not relieve a county of its obligation to provide indigent health care as required by Section 17000. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  31. 16996.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 6. Children’s Hospitals [16996 - 16996.2] ( Chapter 6 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section defines which facilities count as “children’s hospitals” 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 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 6. Children’s Hospitals [16996 - 16996.2] ( Chapter 6 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16996. For purposes of this chapter, “children’s hospital” means the following facilities: (a) Valley Children’s Hospital, Fresno. (b) Earl and Loraine Miller Children’s Hospital and Medical Center of the Memorial Hospital of Long Beach, Long Beach. (c) Children’s Hospital of Los Angeles, Los Angeles. (d) Children’s Hospital Medical Center of Northern California, Oakland. (e) Children’s Hospital of Orange County, Orange. (f) Lucile Salter Packard Children’s Hospital at Stanford, Palo Alto. (g) Children’s Hospital and Health Center, San Diego. (Amended by Stats. 1996, Ch. 141, Sec. 1. Effective January 1, 1997.)
  32. 16996.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 6. Children’s Hospitals [16996 - 16996.2] ( Chapter 6 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The department must distribute funds for children’s hospitals, calculate each hospital’s share using uncompensated care costs, contract with funded hospitals, and may make quarterly payments if required compliance is met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 6. Children’s Hospitals [16996 - 16996.2] ( Chapter 6 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16996.1. Funds appropriated to the department for the purposes of this chapter shall be distributed as follows: (a) The department shall compute the annual amount of financial assistance available to each eligible children’s hospital based upon the ratio of each hospital’s uncompensated care costs to the total uncompensated care costs of all children’s hospitals in the state. (b) The department shall enter into a contract with each children’s hospital receiving funding pursuant to this section and may make quarterly payments provided that the hospital has complied with subdivision (a) of Section 16996.2. (c) Each children’s hospital shall, as a condition of receiving financial assistance under this section, submit reports to the department, as required by the department, describing its use of funds received pursuant to this section. (Amended by Stats. 1990, Ch. 50, Sec. 29. Effective April 18, 1990.)
  33. 16996.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 6. Children’s Hospitals [16996 - 16996.2] ( Chapter 6 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Hospitals receiving these funds must provide medically necessary inpatient treatment for qualifying children, and the department must report annually to the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 6. Children’s Hospitals [16996 - 16996.2] ( Chapter 6 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16996.2. (a) As a condition of receiving funds under Section 16996.1, a hospital shall provide medically necessary inpatient treatment, including prescription drugs, for any condition detected as part of a child health and disability prevention screen for any child eligible for services under Section 104395 of the Health and Safety Code. Inpatient hospital services shall be provided at no cost upon referral by a child health and disability prevention program provider, whether that provider is a physician, a county, or a primary care clinic, unless the child is eligible to receive care with no share of cost under the Medi-Cal program, is covered under another publicly funded program, or the services are payable under private insurance coverage. (b) The department shall report to the Legislature on the distribution and use of funds provided to hospitals under Section 16996.1 on an annual basis. (Amended by Stats. 1996, Ch. 1023, Sec. 498. Effective September 29, 1996.)
  34. 17.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    A mark can count as a signature or subscription if the signer cannot write and a witness writes the signer’s name near the mark.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 17. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1937, Ch. 369.)
  35. 17.1.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    This section sets rules for determining the residence of a minor or certain nonminor dependents, with several county-based rules and exceptions.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 17.1. Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules: (a) The residence of the parent with whom a child maintains their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child. (b) Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, “custody” means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case “custody” means the physical custody of the child by one of the persons sharing the right to custody. (c) The residence of a foundling shall be deemed to be that of the county in which the child is found. (d) If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year. (e) If the child has been declared permanently free from the custody and control of their parents, the child’s residence is the county in which the court issuing the order is situated. (f) If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county. (g) If a nonminor dependent’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition. (Amended by Stats. 2025, Ch. 281, Sec. 1. (AB 890) Effective January 1, 2026.)
  36. 1700.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. )

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    This section states that the chapter’s purpose is to protect society from criminal activity by using community restoration, victim restoration, offender training, and treatment instead of retributive punishment to rehabilitate young persons who have committed public offenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. ) ## 1700. The purpose of this chapter is to protect society from the consequences of criminal activity and to that purpose community restoration, victim restoration, and offender training and treatment shall be substituted for retributive punishment and shall be directed toward the rehabilitation of young persons who have committed public offenses. (Amended by Stats. 2019, Ch. 25, Sec. 54. (SB 94) Effective June 27, 2019.)
  37. 17000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    Every county and city and county must support certain resident people who are incompetent, poor, indigent, or incapacitated, if they are not already supported by relatives, their own means, or institutions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17000. Every county and every city and county shall relieve and support all incompetent, poor, indigent persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when such persons are not supported and relieved by their relatives or friends, by their own means, or by state hospitals or other state or private institutions. (Added by Stats. 1965, Ch. 1784.)
  38. 17000.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County supervisors may adopt a general assistance standard of aid and may adjust it, subject to the section’s formulas and county housing-cost reductions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17000.5. (a) The board of supervisors in any county may adopt a general assistance standard of aid, including the value of in-kind aid which includes, but is not limited to, the monthly actuarial value of up to forty dollars ($40) per month of medical care, that is 62 percent of a guideline that is equal to the 1991 federal official poverty line and may annually adjust that guideline in an amount equal to any adjustment provided under Chapter 2 (commencing with Section 11200) of Part 3 for establishing a maximum aid level in the county. This subdivision is not intended to either limit or expand the extent of the duty of counties to provide health care. (b) The adoption of a standard of aid pursuant to this section shall constitute a sufficient standard of aid. (c) For purposes of this section, “federal official poverty line” means the same as it is defined in subsection (2) of Section 9902 of Title 42 of the United States Code. (d) For purposes of this section, “any adjustment” includes, and, prior to the addition of this subdivision, included statutory increases, decreases, or reductions in the maximum aid level in the county under the Aid to Families with Dependent Children program contained in Chapter 2 (commencing with Section 11200) of Part 3. (e) In the event that adjustments pursuant to Section 11450.02 are not made, the amounts established pursuant to subdivision (a) may be adjusted to reflect the relative cost of housing in various counties as follows: (1) Reduced by 1.5 percent in the Counties of Alameda, Contra Costa, Los Angeles, San Diego, Santa Barbara, Sonoma, and Ventura. (2) Reduced by 3 percent in the Counties of San Luis Obispo, Nevada, Sierra, Monterey, Napa, Solano, Riverside, San Bernardino, Alpine, Amador, Calaveras, Inyo, Kern, Mariposa, Mono, and Tuolumne. (3) Reduced by 4.5 percent in the Counties of Stanislaus, Imperial, El Dorado, Placer, Sacramento, Yolo, Humboldt, San Benito, Del Norte, Fresno, Lake, Mendocino, Shasta, Trinity, Butte, Merced, Tulare, San Joaquin, Lassen, Modoc, Plumas, Siskiyou, Tehama, Kings, Madera, Colusa, Glenn, Sutter, and Yuba. (Amended by Stats. 1996, Ch. 6, Sec. 7. Effective January 1, 1997.)
  39. 17000.51.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County aid under Section 17000.5 may include up to $40 per month of in-kind medical care, but that aid cannot be treated as satisfying the county’s health-care duty, stopping services, or reducing eligibility under Section 17000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17000.51. (a) Notwithstanding the decision in Caulk v. Superior Court, CO15355, June 27, 1997, a county’s discretion granted pursuant to Section 17000.5 to include, as part of a general assistance aid grant, in-kind aid with a monthly actuarial value of up to forty dollars ($40) per month of medical care, was not intended, and shall not be construed, to do any of the following: (1) Satisfy, in whole or in part, the duty of a county or a city or county to provide health care services to indigent and dependent poor persons under Section 17000. (2) Permit a county or a city and county to cease providing health care services under Section 17000. (3) Affect the eligibility of indigent and dependent poor persons for health care services under Section 17000. (b) Subdivision (a) shall cease to be implemented if, and only to the extent that, a final court decision holds that subdivision (a) imposes a state-mandated local program. (c) Subdivision (a) confirms, and is declarative of, rather than a change in, existing law, as provided for in Chapter 6 of the Statutes of 1996, which was intended only to provide a county or city and county with the discretion to reduce its general assistance grant level by up to forty dollars ($40) per month. (Added by Stats. 1997, Ch. 294, Sec. 84. Effective August 18, 1997.)
  40. 17000.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    This section lets a county reduce aid standards only if the Commission on State Mandates finds financial distress, and it sets notice, hearing, and timing rules for that process.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17000.6. (a) The board of supervisors of any county may adopt a standard of aid below the level established in Section 17000.5 if the Commission on State Mandates makes a finding that meeting the standards in Section 17000.5 would result in a significant financial distress to the county. When the commission makes a finding of significant financial distress concerning a county, the board of supervisors may establish a level of aid which is not less than 40 percent of the 1991 federal official poverty level, which may be further reduced pursuant to Section 17001.5 for shared housing. The commission shall not make a finding of significant financial distress unless the county has made a compelling case that, absent the finding, basic county services, including public safety, cannot be maintained. (b) Upon receipt of a written application from a county board of supervisors, the commission may make a finding of financial distress for a period of up to 36 months pursuant to regulations that are necessary to implement this section, which shall be adopted by the commission. The period of reduction may be renewed by the commission upon reapplication by the county. Any county that filed an application or reapplication that was approved for a period of up to 12 months by the commission on or before December 31, 1996, shall be deemed to have had that application or reapplication approved for a period of 36 months. If the period of financial distress is delayed by court action, the period shall be tolled during that delay. (c) As part of the decisionmaking process, the commission shall notice and hold a public hearing on the county’s application or reapplication in the county of application. The commission shall provide a 30-day notice of the hearing in the county of application or reapplication. The commission shall notify the applicant county of its preliminary decision within 60 days after receiving the application and final decision within 90 days after receiving the application. If a county files an application while another county’s application is pending, the commission may extend both the preliminary decision period up to 120 days and the final decision period up to 150 days from the date of the application and any current period of significant financial distress of the applicant county that has been set pursuant to subdivision (b) shall be extended for the same period. (d) This section shall not be construed to eliminate the requirement that a county provide aid pursuant to Section 17000. (e) Any standard of aid adopted pursuant to this section shall constitute a sufficient standard of aid. (f) A county board of supervisors may continue the standard of aid adopted under this section beyond the period in subdivision (b), irrespective of whether the county has applied for or received a renewal of the authority to reduce aid as permitted by subdivision (b), provided the county acts in accordance with all of the following: (1) The county may not prohibit an employable individual from receiving aid under this part for less than six months in a 12-month period, whether or not the months are consecutive. If an employable individual has taken and continues to take all steps to apply for appropriate positions and has not refused an offer of employment without good cause, a county shall extend aid until the individual has received aid for nine months in a 12-month period. The time limit provided in this paragraph shall begin for each employable individual at the time the employable individual is enrolled in the mandatory welfare-to-work program set forth in paragraph (2). (2) The county shall, within six months of the county’s implementation of this subdivision, require employable individuals to participate while on aid under this part in services equivalent to the welfare-to-work program provided for pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3. Employable individuals shall participate in this program as a condition of eligibility for aid under this part. (3) This subdivision shall not be construed to give preference to recipients of benefits under this part for welfare-to-work services under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3. (g) The commission may adopt emergency regulations for the implementation of this section. (Amended by Stats. 1998, Ch. 329, Sec. 30. Effective August 21, 1998.)
  41. 17001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County supervisors, or an agency authorized by county charter, must adopt aid and care standards for the county’s indigent and dependent poor.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001. The board of supervisors of each county, or the agency authorized by county charter, shall adopt standards of aid and care for the indigent and dependent poor of the county or city and county. (Amended by Stats. 1969, Ch. 371.)
  42. 17001.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County supervisors or their charter-authorized agency may set certain general assistance rules, including residency limits, shared-housing reductions, sanctions, and aid methods; the Legislative Analyst must study the section’s impact.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001.5. (a) Notwithstanding any other provision of law, including, but not limited to, Section 17000.5, the board of supervisors of each county, or the agency authorized by the county charter, may do any of the following: (1) (A) Adopt residency requirements for purposes of determining a persons’ eligibility for general assistance. Any residence requirement under this paragraph shall not exceed 15 days. (B) Nothing in this paragraph shall be construed to authorize the adoption of a requirement that an applicant or recipient have an address or to require a homeless person to acquire an address. (2) (A) Establish a standard of general assistance for applicants and recipients who share housing with one or more unrelated persons or with one or more persons who are not legally responsible for the applicant or recipient. The standard of general assistance aid established pursuant to Section 17000.5 for a single adult applicant or recipient may be reduced pursuant to this paragraph by not more than the following percentages, as appropriate: (i) Fifteen percent if the applicant or recipient shares housing with one other person described in this subparagraph. (ii) Twenty percent if the applicant or recipient shares housing with two other persons described in this subparagraph. (iii) Twenty-five percent if the applicant or recipient shares housing with three or more other persons described in this paragraph. (B) Any standard of aid adopted pursuant to this paragraph shall constitute a sufficient standard of aid for any recipient who shares housing. (C) Counties with shared housing reductions larger than the amounts specified in subparagraph (A) as of August 19, 1992, may continue to apply those adjustments. (3) Discontinue aid under this part for a period of not more than 180 days with respect to any recipient who is employable and has received aid under this part for three months if the recipient engages in any of the following conduct: (A) Fails, or refuses, without good cause, to participate in a qualified job training program, participation of which is a condition of receipt of assistance. (B) After completion of a job training program, fails, or refuses, without good cause, to accept an offer of appropriate employment. (C) Persistently fails, or refuses, without good cause, to cooperate with the county in its efforts to do any of the following: (i) Enroll the recipient in a job training program. (ii) After completion of a job training program, locate and secure appropriate employment for the recipient. (D) For purposes of this paragraph, lack of good cause may be demonstrated by a showing of any of the following: (i) The willful failure, or refusal, of the recipient to participate in a job training program, accept appropriate employment, or cooperate in enrolling in a training program or locating employment. (ii) Not less than three separate acts of negligent failure of the recipient to engage in any of the activities described in clause (i). (4) Prohibit an employable individual from receiving aid under this part for more than three months in any 12-month period, whether or not the months are consecutive. This paragraph shall apply to aid received on or after the effective date of this paragraph. This paragraph shall apply only to those individuals who have been offered an opportunity to attend job skills or job training sessions. (5) Notwithstanding paragraph (3), discontinue aid to, or sanction, recipients for failure or refusal without good cause to follow program requirements. For purposes of this subdivision, lack of good cause may be demonstrated by a showing of either (A) willful failure or refusal of the recipient to follow program requirements, or (B) not less than three separate acts of negligent failure of the recipient to follow program requirements. (b) (1) The Legislative Analyst shall conduct an evaluation of the impact of this section on general assistance recipients and applicants. (2) The evaluation required by paragraph (1) shall include, but need not be limited to, all of the following: (A) The impact on the extent of homelessness among applicants and recipients of general assistance. (B) The rate at which recipients of general assistance are sanctioned by county welfare departments. (C) The impact of the 15-day residency requirement on applicants or recipients of general assistance, including how often the requirement is invoked. (3) The Legislative Analyst shall, in the conduct of the study required by this section, consult with the State Department of Social Services, the County Welfare Directors Association, and organizations that advocate on behalf of recipients of general assistance. (c) A county may provide aid pursuant to Section 17000.5 either by cash assistance, in-kind aid, a two-party payment, voucher payment, or check drawn to the order of a third-party provider of services to the recipient. Nothing shall restrict a county from providing more than one method of aid to an individual recipient. (Amended (as amended by Stats. 1996, Ch. 6, Sec. 9) by Stats. 1996, Ch. 206, Sec. 34. Effective July 22, 1996.)
  43. 17001.51.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    A county may require substance abuse screening for certain general assistance applicants and recipients when it has reasonable suspicion of drug or alcohol dependency, and it must document that finding.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001.51. (a) A county may require adult applicants and recipients of benefits under the general assistance program to undergo screening for substance abuse when it is determined by the county that there is reasonable suspicion to believe that an individual is dependent upon illegal drugs or alcohol. The county shall maintain documentation of this finding. (b) A county may require as a condition of aid reasonable participation in substance abuse or alcohol treatment programs for persons screened pursuant to subdivision (a) and professionally evaluated to be in need of treatment, if the services are actually available at no charge to the applicant or recipient. (Added by Stats. 1996, Ch. 6, Sec. 10. Effective January 1, 1997.)
  44. 17001.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    A county may require a legal sponsor to sign a repayment agreement, and certain legal officers may sue to recover aid from the sponsor. The county may also use other authorized remedies, but it may not penalize or reduce a recipient’s general assistance unless county program standards allow it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001.6. (a) To the extent not inconsistent with federal law, a county may require the legal sponsor of a person who is not a citizen or national of the United States general assistance recipient to sign a written agreement to repay any aid provided to the person during the period of time during which the sponsor has agreed, in writing, to provide for the person who is not a citizen or national of the United States. (b) Upon request of the board of supervisors, the district attorney or any other civil legal officer may maintain an action against the legal sponsor of a person who is not a citizen or national of the United States to recover, for the county, the aid provided the person during the period described in subdivision (a) and to secure an order requiring payment of any sums that may become due in the future. (c) For purposes of enforcing this section, a county may seek and employ all remedies otherwise authorized by this part. (d) This section shall not be construed to authorize a county to penalize a recipient of general assistance, or to otherwise deny, curtail, or modify the general assistance provided a recipient unless otherwise provided in the county general assistance program standards and requirements. (Amended by Stats. 2021, Ch. 296, Sec. 79. (AB 1096) Effective January 1, 2022.)
  45. 17001.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County officials may count a sponsor’s income and resources as the applicant’s income and resources when deciding aid eligibility, and may require sponsor information from the noncitizen applicant or sponsor.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001.7. (a) In adopting standards of aid and care for the indigent and dependent poor of the county or city and county, the board of supervisors or the agency authorized by the county charter may, for purposes of determining eligibility for aid and care, deem the income and resources of any person who, as a sponsor of the entry of a general assistance applicant or recipient into the United States, executed an affidavit of support or similar agreement with respect to that applicant or recipient, and the income and resources of the sponsor’s spouse, to be the income and resources of that applicant or recipient, in accordance with subdivisions (b) and (c), for a period of three years after the individual’s entry into the United States. Any such deemed income shall be treated as unearned income of the general assistance applicant or recipient. (b) (1) The amount of income of a sponsor and the sponsor’s spouse that shall be deemed to be the unearned income of a person who is not a citizen or national of the United States for any month shall be determined as follows: (A) The total amount of earned and unearned income of the sponsor and the sponsor’s spouse, if the spouse is living with the sponsor, shall be determined for that month. (B) The amount determined under subparagraph (A) shall be reduced by an amount equal to the following: (i) One hundred seventy-five dollars ($175), or 20 percent of the total of any amounts received by the sponsor and the sponsor’s spouse in that month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by them in producing self-employment income in that month, whichever is less. (ii) The amount of maximum aid established pursuant to Section 11450 for a family of the same size and composition as the sponsor and those other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsor’s federal personal income tax liability, but whose needs are not taken into account in making a determination for eligibility for Aid to Families with Dependent Children program under Section 602(a)(7) of Title 42 of the United States Code. (iii) Any amounts paid by the sponsor or the sponsor’s spouse to individuals not living in the sponsor’s household who are claimed by the sponsor as dependents for purposes of determining the sponsor’s federal personal income tax liability. (iv) Any payments of spousal or child support by the sponsor or the sponsor’s spouse with respect to individuals not living in the sponsor’s household. (2) The amount of resources of a sponsor and the sponsor’s spouse that shall be deemed to be the resources of a person who is not a citizen or national of the United States for any month shall be the total amount of resources determined as if the sponsor were applying for general assistance under this chapter of the sponsor and the sponsor’s spouse, if the spouse is living with the sponsor, and in accordance with the standards adopted by the county or city and county, reduced by one thousand five hundred dollars ($1,500). (c) Any sponsor of a person who is not a citizen or national of the United States, and the person who is not a citizen or national of the United States, shall be jointly and severally liable for an amount equal to any overpayment of aid made to the person who is not a citizen or national of the United States during the period of three years after the person’s entry into the United States, on account of the sponsor’s failure to provide correct information under this section, except where that sponsor was without fault, or where good cause of that failure existed. (d) In any case where a person is the sponsor of two or more persons who are not citizens or nationals of the United States who are living in the same home, the income and resources of the sponsor and the sponsor’s spouse, to the extent they would be deemed the income and resources of any one of these persons who are not citizens or nationals of the United States under subdivisions (a) to (c), inclusive, shall be divided into two or more equal shares, the number of shares being the same as the number of these persons who are not citizens or nationals of the United States, and the income and resources of each of those persons shall be deemed to include one share. (e) As a condition to providing aid pursuant to this chapter, the county or city and county may require the person who is not a citizen or national of the United States to provide the name and address of the person’s sponsor and may require the person or the person’s sponsor to provide all information regarding the income and assets of the sponsor and the sponsor’s spouse necessary to enforce this section. (f) The deeming of sponsor’s and sponsor’s spouse’s income and resources shall not apply to a person who is not a citizen or national of the United States whose sponsor has abandoned their duty to support the person. For purposes of this section, abandonment of the duty to support shall include, but not be limited to, abuse, battery, neglect, or refusal to support. Evidence of abandonment may be demonstrated by documentary evidence or collateral statements. (g) This section shall not apply to a person who is not a citizen or national of the United States to whom any of the following applies: (1) Admitted to the United States as a result of the application, prior to April 1, 1980, of Section 1153(a)(7) of Title 8 of the United States Code. (2) Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code. (3) Paroled into the United States as a refugee under Section 1182(d)(5) of Title 8 of the United States Code. (4) Granted political asylum by the Attorney General of the United States pursuant to Section 1158 of Title 8 of the United States Code. (5) A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422). (Amended by Stats. 2021, Ch. 296, Sec. 80. (AB 1096) Effective January 1, 2022.)
  46. 17001.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County welfare officials may treat certain sponsored noncitizens as ineligible for aid for five years after entry, with listed exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001.8. (a) In adopting standards of aid for general assistance for the indigent and dependent poor of the county or city and county, the board of supervisors or the agency authorized by the county charter may determine, with regard to any person who is not a citizen or national of the United States whose entry into the United States has been sponsored by an individual who, or an organization which, executed an affidavit of support or similar agreement with respect to the person and who has become ineligible for assistance pursuant to Section 11008.135, that the person who is not a citizen or national of the United States is ineligible for aid for a period of five years after the person’s entry into the United States, unless (1) the person is a minor and the sponsor, or the sponsor’s spouse, is the parent of the person’s child or (2) the sponsoring person dies or the sponsoring organization ceases to exist. (b) This section shall not apply with respect to any person who is not a citizen or a national of the United States who is: (1) Admitted to the United States as a result of the application, prior to April 1, 1980, of the provisions of Section 1153 (c) of Title 8 of the United States Code. (2) Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code. (3) Paroled into the United States under Section 1182(d)(5) of Title 8 of the United States Code. (4) Granted political asylum by the United States Attorney General under Section 1158 of Title 8 of the United States Code. (5) A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422). (c) This section shall become operative on the effective date of federal law that prohibits providing assistance to sponsored persons who are not citizens or nationals of the United States and shall remain operative only as long as that federal law remains in effect. The Director of Social Services shall determine the operative dates of this section pursuant to this subdivision and shall execute a declaration, that shall be retained by the director, that sets forth the operative date or termination date. (Amended by Stats. 2021, Ch. 296, Sec. 81. (AB 1096) Effective January 1, 2022. Section operative on date prescribed by its own provisions. Conditionally inoperative as provided in subd. (c).)
  47. 17001.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    A county may require a legal sponsor to sign a repayment agreement for nonemergency aid, and may recover the reasonable cost of emergency care from the sponsor in some cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17001.9. (a) Notwithstanding any other provision of this part: (1) As a condition of providing nonemergency medical care to an indigent and dependent adult resident of the county, other than an involuntary detainee or prisoner, who is a sponsored person who is not a citizen or national of the United States, a county may require that the legal sponsor of the person sign a written agreement to repay any aid provided to the person during the period of time during which the sponsor has agreed, in writing, to provide for the person who is not a citizen or national of the United States. (2) To the extent not inconsistent with federal law, if a county has provided emergency medical care to an indigent and dependent adult resident of the county, other than an involuntary detainee or prisoner, who is a sponsored person who is not a citizen or national of the United States and that care was provided during the period during which the sponsor has agreed, in writing, to provide for the person, the county may recover the reasonable cost of that care from the sponsor of that person. If the county is required to take legal action to enforce this right to recovery, the written promise to provide for the person shall be considered, under state law, to be the equivalent of a written contract to pay for that medical care. (3) No county shall be required to provide medical care to any sponsored person who is eligible, with or without a share of cost, for participation in the California Medical Assistance (Medi-Cal) program. (b) This section shall not apply if the sponsoring person dies or the sponsoring organization ceases to exist. (c) This section shall not apply with respect to any person who is not a citizen or national of the United States who is: (1) Admitted to the United States as a result of the application, prior to April 1, 1980, of the provisions of Section 1153 (c) of Title 8 of the United States Code. (2) Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code. (3) Paroled into the United States under Section 1182(d)(5) of Title 8 of the United States Code. (4) Granted political asylum by the United States Attorney General under Section 1158 of Title 8 of the United States Code. (5) A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422). (6) A minor and the sponsor or the sponsor’s spouse is the parent of the child. (d) This section shall become operative on the effective date of federal law that prohibits providing Medi-Cal assistance to sponsored persons who are not citizens or nationals of the United States, and shall remain operative only as long as federal law remains in effect. The Director of Health Services shall determine the operative dates of this section pursuant to this subdivision and shall execute a declaration, that shall be retained by the director, that sets forth the operative date or termination date. (Amended by Stats. 2021, Ch. 296, Sec. 82. (AB 1096) Effective January 1, 2022. Section operative on date prescribed by its own provisions. Conditionally inoperative as provided in subd. (d).)
  48. 17002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County boards of supervisors may establish and manage almshouses and county farms, and appoint the needed officers and employees.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17002. The boards of supervisors may establish almshouses and county farms, prescribe rules and regulations for their government and management, and appoint the necessary officers and employees thereof, who shall hold office during the pleasure of the board. (Added by Stats. 1965, Ch. 1784.)
  49. 17003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    A county may give emergency relief to dependent nonresidents if the county’s board of supervisors thinks it is necessary.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17003. Every county may give such emergency relief to dependent nonresidents as the respective boards of supervisors deem necessary. (Added by Stats. 1965, Ch. 1784.)
  50. 17004.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    A county may pay necessary transportation expenses for a nonresident indigent to another state or county if no other funds are available and the person appears to have legal residence there.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17004. If no other funds are available for the purpose, a county may incur all necessary expenses in transporting a nonresident indigent to another state or county, when information at hand reasonably tends to show that the person has a legal residence in such state or county. (Added by Stats. 1965, Ch. 1784.)
  51. 17005.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    If counties dispute who is responsible for an indigent person, either county may send the dispute to the department, and the department’s decision is final.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17005. If a dispute occurs between counties as to the responsibility for an indigent, either county may submit the dispute to the department. The decision of the department thereon shall be final. (Added by Stats. 1965, Ch. 1784.)
  52. 17006.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County supervisors must investigate and monitor county relief cases, keep confidential records, and citizens may request a statement of relief received; limited disclosure to law enforcement is allowed in specified criminal-investigation situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17006. (a) The board of supervisors of every county as a board, or by committee or by any person or society as it may authorize, shall investigate every application for relief from the funds of the county, shall supervise by periodic visitation every person receiving that relief, shall devise ways and means for bringing persons unable to maintain themselves to self-support, and shall keep full and complete records of the investigation, supervision, relief, and rehabilitation as shall be prescribed by the department. These records shall be confidential and shall not be open to examination or inspection, except by the grand jury of the county or by a board or an officer of the state or the county charged with the supervision or direction of that relief or with the control or expenditure of funds applicable to that relief. Any citizen shall be entitled to demand and receive from the board, officer, committee, person, or society having custody of these records a statement of the amount, character, and value of the relief received by any person. (b) (1) This section shall not be construed to prohibit an employee of a county welfare department from disclosing confidential information concerning a public social services applicant or recipient to a state or local law enforcement agency investigating or gathering information regarding a criminal act committed in a welfare department office, a criminal act against any county or state welfare worker, or any criminal act witnessed by any county or state welfare worker while involved in the administration of public social services at any location. Further, this section shall not be construed to prohibit an employee of a county welfare department from disclosing confidential information concerning a public social services applicant or recipient to a state or local law enforcement agency investigating or gathering information regarding a criminal act intentionally committed by an applicant or recipient against any off-duty county or state welfare worker in retaliation for an act performed in the course of the welfare worker’s duty when the person committing the offense knows or reasonably should know that the victim is a state or county welfare worker. (2) For purposes of this subdivision, “criminal act” means only an act that is in violation of state or local law. (3) Disclosure of confidential information pursuant to this subdivision shall be limited to the applicant’s name, physical description, and address. (Amended by Stats. 1994, Ch. 591, Sec. 3. Effective January 1, 1995.)
  53. 17006.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    Section 17006.1 says Section 17006 does not bar sharing confidential information when the sharing is directly connected to county relief administration or public social services administration.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17006.1. Section 17006 does not prohibit sharing of confidential information for purposes directly connected with the administration of relief from the funds of any California county or for purposes directly connected with the administration of public social services as defined by Section 10051. (Added by Stats. 2023, Ch. 110, Sec. 1. (SB 462) Effective January 1, 2024.)
  54. 17006.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    Certain custodians of relief records may share specified information with law enforcement, especially when an arrest warrant exists or the person is deceased. County welfare departments also have notice duties tied to warrant disclosures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17006.5. (a) Notwithstanding Section 17006, the board, officer, committee, person, or society having custody of the records cited in Section 17006 may disclose to any law enforcement agency: (1) The name, address, birthdate, social security number, physical description, and physical whereabouts of any person receiving relief, if a warrant has been issued for the arrest of the person for the commission of a felony or misdemeanor. The board, officer, committee, person, or society having custody of the records may release the information specified by this subdivision to any law enforcement agency upon a written request from the agency specifying that a warrant of arrest for the commission of a felony or misdemeanor has been issued as to the applicant or recipient. This request may be made only by the head of the law enforcement agency or by an employee of the agency so authorized and identified by name and title by the head of the agency, in writing, to the county welfare department. It is the intent of this section that a county welfare department shall notify all applicants of public social services that release of confidential information of their records will not be protected if there is a felony or misdemeanor arrest warrant against the applicant. A recipient of public social services shall be notified at the time of renewal of his or her application for relief of release of confidential information if there is a felony or misdemeanor arrest warrant issued against the recipient. (2) The name, address, telephone number, birthdate, social security number, physical description, and physical whereabouts of any person receiving relief upon request of any law enforcement agency specifying that the person is deceased and that the agency is otherwise unable to adequately identify the person. (3) (A) If in any of the circumstances specified in subparagraph (B), a county welfare department learns that a misdemeanor or felony arrest warrant has been issued for that individual, the county welfare department may report the physical whereabouts of, and other information authorized by this section pertaining to, the applicant or recipient to the appropriate law enforcement agency. (B) The disclosure of information authorized by subparagraph (A) may be made only if knowledge of the outstanding warrant comes to the attention of the county welfare department as a result of an unsolicited disclosure in one of the following circumstances: (i) It is received in the process of obtaining or reviewing an application for public social services. (ii) It is received through a regular investigation for the purposes of determining or reviewing eligibility for public social services. (iii) It is received from an independent source. (b) This section shall not be construed to authorize the release of a general list identifying individuals applying for or receiving public relief. (Amended by Stats. 1995, Ch. 227, Sec. 4. Effective January 1, 1996.)
  55. 17007.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    Public officers may not charge a fee for filing guardianship or conservatorship petitions or related official acts, with a reimbursement exception for county employees acting as guardian or conservator.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17007. No fee shall be charged by any public officer for filing any petition for guardianship or conservatorship under the provisions of Section 17403, or for any official act done or necessary in the course thereof, except that a county employee acting as such guardian or conservator shall be entitled to such costs therefor as will reimburse him in full for moneys advanced by him in such guardianship or conservatorship. Where a county officer or employee is appointed and acts as such guardian or conservator, the board of supervisors may, by resolution, order that expenses necessary in the conduct of the guardianship or conservatorship and any necessary premiums on the bond of the guardian or conservator be advanced by the county to such guardian or conservator, and such expenses shall be a charge against the county, but the county shall be reimbursed out of any funds or property of the estate of the ward or conservatee. (Amended by Stats. 1979, Ch. 730.)
  56. 17008.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    A county may allow rental-budget money for an indigent who lives on property in which the indigent has an interest, if the money is necessary and used only to preserve that interest and keep a residence available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17008. In cases in which an indigent has an interest in the real property upon which he resides, a county may allow an amount that would otherwise be included in his budget for rentals, when such amount is necessary and will be used entirely for the purpose of preserving so far as possible the retention of such interest to provide a place of residence for the indigent. (Added by Stats. 1965, Ch. 1784.)
  57. 17009.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    The board of supervisors may arrange burial or cremation for indigent dead and may maintain their graves.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17009. The board of supervisors may provide for the burial or cremation of the indigent dead and may provide for the maintenance of the graves of such dead. (Added by Stats. 1965, Ch. 1784.)
  58. 1701.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. )

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    This chapter may be cited as the Youth Authority Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. ) ## 1701. This chapter may be cited as the Youth Authority Act. (Amended by Stats. 1943, Ch. 690.)
  59. 17015.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County welfare authorities may deny aid to a person found to have lied, concealed facts, or otherwise misled officials to get or keep aid, but only as allowed by subdivision (b).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17015. (a) Subject to subdivision (b), the board of supervisors of each county or the agency authorized by county charter may deny eligibility for aid under this part to any person who is found by a federal or state court, or pursuant to a special administrative hearing meeting the requirements of the United States Department of Health and Human Services, including any determination made on the basis of a plea of guilty or nolo contendere, to have done any of the following acts for the purpose of establishing or maintaining the family’s eligibility for aid under Chapter 2 (commencing with Section 11200) of Part 3, Article 5 (commencing with Section 12200) of Chapter 3 of Part 3, or Chapter 10 (commencing with Section 18900) of Part 6, or increasing, or preventing a reduction in, the amount of that aid: (1) Making a false or misleading statement or misrepresenting, concealing, or withholding facts. (2) Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity. (b) A period of ineligibility imposed pursuant to subdivision (a) shall be limited to the period of ineligibility imposed by the court or administrative agency in the procedure described in subdivision (a). (Added by Stats. 1995, Ch. 667, Sec. 1. Effective January 1, 1996.)
  60. 17016.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    An individual is not eligible for aid under this part if the person is fleeing prosecution/custody after conviction or is violating probation or parole conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17016. (a) An individual shall not be eligible for aid under this part if he or she is either: (1) Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. (2) Violating a condition of probation or parole imposed under federal law or the law of any state. (b) Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct. (Added by Stats. 1997, Ch. 270, Sec. 178. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  61. 1702.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. )

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    This chapter applies only to public offenses committed after the date it became effective.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. ) ## 1702. This chapter shall apply only to public offenses committed subsequently to the date upon which it becomes effective. (Added by Stats. 1941, Ch. 937.)
  62. 17020.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A person eligible for aid under Chapter 2 may not receive monthly payments under this part if the county’s maximum payment standard is higher than the payment level in Section 11450(a).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17020. Any person who is eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 shall not be eligible for monthly payments provided pursuant to this part if the maximum payment standard established by a county pursuant to Section 17001 exceeds the payment level established pursuant to subdivision (a) of Section 11450. (Added by Stats. 1991, Ch. 91, Sec. 35. Effective June 30, 1991.)
  63. 1703.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    This section defines several terms used in the chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. ) ## 1703. As used in this chapter the following terms have the following meanings: (a) “Public offenses” means public offenses as that term is defined in the Penal Code. (b) “Court” includes any official authorized to impose sentence for a public offense. (c) “Youth Authority,” “Authority,” “authority,” or “division” means the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (d) “Board” or “board” means the Board of Parole Hearings, until January 1, 2007, at which time “board” shall refer to the body created to hear juvenile parole matters under the jurisdiction of the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. (e) The masculine pronoun includes the feminine. (Repealed and added by Stats. 2020, Ch. 337, Sec. 33. (SB 823) Effective September 30, 2020.)
  64. 17030.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Counties and city and counties are not required to provide or pay for Medi-Cal services that were reduced or eliminated.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17030. Nothing in Section 10000, 17000, or 17001 or any other provision of law shall require any county or city and county to provide or pay for a service reduced or eliminated from the Medi-Cal program, pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3, to a person otherwise eligible to receive services under the Medi-Cal program. (Added by Stats. 1992, Ch. 722, Sec. 140. Effective September 15, 1992.)
  65. 17030.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Counties and city and counties are not required to provide or pay for Medi-Cal services that have been reduced or eliminated, for people otherwise eligible under this part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [17000 - 17030.1] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 17030.1. Nothing in Section 10000, 17000, or 17001 or any other provision of law shall require any county or city and county to provide or pay for a service reduced or eliminated from the Medi-Cal program, pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3, to a person otherwise eligible for care pursuant to this part. (Added by Stats. 1993, Ch. 72, Sec. 2. Effective January 1, 1994.)
  66. 1704.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    This section says the chapter does not limit or interfere with the juvenile court’s jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. ) ## 1704. Nothing in this chapter shall be deemed to interfere with or limit the jurisdiction of the juvenile court. (Added by Stats. 1941, Ch. 937.)
  67. 1705.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    Persons in custody of Youth Authority-supervised institutions should be given reasonable opportunities to exercise religious freedom.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 1. General Provisions and Definitions [1700 - 1705] ( Article 1 added by Stats. 1941, Ch. 937. ) ## 1705. It is the intention of the Legislature that all persons in the custody of an institution under the supervision of the Department of the Youth Authority shall be afforded reasonable opportunities to exercise religious freedom. (Added by Stats. 1972, Ch. 1349.)
  68. 1710.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

    Verify source ↗

    Any reference to the Department of the Youth Authority in this code or any other code means the Department of Corrections and Rehabilitation, Division of Juvenile Justice.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1710. (a) Any reference to the Department of the Youth Authority in this code or any other code refers to the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (b) The Legislature finds and declares the following: (1) The purpose of the Division of Juvenile Justice within the Department of Corrections and Rehabilitation is to protect society from the consequences of criminal activity by providing for the secure placement of youth, and to effectively and efficiently operate and manage facilities housing youthful offenders under the jurisdiction of the department, consistent with the purposes set forth in Section 1700. (2) The purpose of the Division of Juvenile Programs within the Department of Corrections and Rehabilitation is to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to promote community restoration, family ties, and victim restoration, and to produce youth who become law-abiding and productive members of society, consistent with the purposes set forth in Section 202. (3) The purpose of the Division of Juvenile Parole Operations within the Department of Corrections and Rehabilitation is to monitor and supervise the reentry into society of youthful offenders under the jurisdiction of the department, and to promote the successful reintegration of youthful offenders into society, in order to reduce the rate of recidivism, thereby increasing public safety. (Repealed and added by Stats. 2020, Ch. 337, Sec. 35. (SB 823) Effective September 30, 2020.)
  69. 17100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A person is entitled to aid only if they are a resident of the state and the county where they apply, unless this chapter provides otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17100. Except as otherwise provided in this chapter, a person, in order to be entitled to aid, shall be a resident of the state and of the county wherein application is made. (Added by Stats. 1965, Ch. 1784.)
  70. 17101.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section defines “residence” as the place a person stays when not away for labor or another special or temporary purpose, and to which the person returns during periods of rest.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17101. The residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose. (Added by Stats. 1965, Ch. 1784.)
  71. 17102.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    This section sets residence rules for certain children: an unmarried minor child generally takes the residence of a parent with whom the child lives or the parent with legal custody; an orphan takes the residence of the last deceased custodian; and a dependent child declared free from parental custody by juvenile court is not affected by a parent’s later move.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17102. The residence of an unmarried minor child is the residence of the parent or parents with whom a child maintains his or her place of abode or of the parent who has the legal custody of the minor. The residence of an orphan is that of the last deceased person who had his or her legal custody. The residence of a dependent child who has been declared free from the custody and control of his or her parent or parents, by order of the juvenile court, is not changed by change of the residence of the parent or parents. The provisions of this section apply to the extent not in conflict with federal law. (Amended by Stats. 1975, Ch. 1129.)
  72. 17103.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A spouse’s domicile or residence does not automatically become the other spouse’s. Each spouse must establish their own domicile or residence based on proof, not legal presumptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17103. Neither the domicile nor residence of a spouse shall be deemed to be the domicile or residence of the other spouse, and each spouse shall establish his or her own domicile or residence dependent upon proof of the fact and not upon legal presumptions. (Amended by Stats. 1976, Ch. 1171.)
  73. 17104.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    A qualifying refugee must not receive benefits under this part if they are required to participate in a covered alternative project, subject to the section’s payment-level and grant-condition limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17104. A refugee who is eligible for, and is required to participate in, an alternative project implemented pursuant to Section 412(e)(7) of the federal Immigration and Nationality Act (Section 1522(e)(7) of Title 8 of the United States Code), shall not be eligible for benefits under this part. This section shall apply only when a alternative project uses a payment level for project participants that is substantially equal to the payment level in effect for persons receiving aid under this part, with respect to both cash and in-kind payments, and if the assistance provided to the alternative project participant is considered a grant rather than a loan. (Added by Stats. 1992, Ch. 1311, Sec. 3. Effective September 30, 1992.)
  74. 17105.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section sets rules for which California county counts as the applicant’s lawful county of residence for aid, and which county must support the applicant if there is no qualifying residence.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17105. A person who is a resident of California within the meaning of this chapter is a lawful resident of the county wherein he applies for aid, if he has resided therein continuously for one year immediately preceding his application for assistance. If the applicant has no such residence, the county wherein he last resided continuously for one year immediately preceding his application shall be responsible for his support. If the applicant has no such year’s residence within three years preceding application, that county shall be responsible for his support wherein he was present for the longest time during the three-year period. Time spent in a public institution or on parole therefrom or in a private charitable institution shall not in any case be counted in determining the matter of county residence. (Added by Stats. 1965, Ch. 1784.)
  75. 17106.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Counties may not use residence requirements to limit indigent or needy people’s eligibility for surplus food under federally supported or sponsored programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17106. The eligibility of an indigent or needy person to receive surplus food under any program supported or sponsored by the federal government shall not be limited by any provision in this chapter, nor shall any county, by ordinance or otherwise, limit the eligibility of such persons to receive such food by the imposition of residence requirements, whether or not such food is distributed by a county agency. (Added by Stats. 1965, Ch. 1784.)
  76. 17107.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The board of supervisors may set policies limiting how much property a person may keep while receiving assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17107. The board of supervisors may establish its own policies with reference to the amount of property, if any, a person shall be permitted to have while receiving assistance, to the end that, so far as it is possible, an applicant for public relief shall be required to apply his own property to his support. (Added by Stats. 1965, Ch. 1784.)
  77. 17108.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Policies under Section 17107 may not deny needed care or force property use or liens for eligible aged medical assistance recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17108. The policies established under Section 17107 shall not deny needed care in a county hospital or contract hospital, as defined in Section 14057.5 of this code, to any person who meets the eligibility requirements for medical assistance for the aged, and shall not require the application of any property of such a person to his support or the taking of any lien upon that property. (Amended by Stats. 1969, Ch. 21.)
  78. 17109.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The board of supervisors may require an indigent aid applicant to transfer property as security, and it must manage that property and use the income to repay the county.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17109. As a condition to the grant or continuation of aid to an indigent, the board of supervisors may require, as security for the moneys so expended, that the applicant transfer or grant to it such property or interest in property as the applicant has, or such portion thereof or estate therein or lien thereon as the board specifies. Such property shall be managed by the board of supervisors and the net income thereof shall be applied to the reimbursement of the county for the aid granted, and any surplus in excess of such reimbursement shall be paid to the indigent. In the case of any estate, interest, or lien in such property held by the board, or any right of management transferred thereto, the board shall have all the powers of an attorney in fact for the indigent as to such estate, interest, or lien, and may sell, lease, or transfer the same, defend and prosecute all suits concerning it, pay all just claims against it and be reimbursed out of the proceeds, and do all things necessary for the protection, preservation, and management thereof. Any such estate, interest, or lien shall be held by the board, subject to the claim of the county for reimbursement for aid granted to the applicant or for moneys expended in its management, preservation, or protection, and such reimbursement shall constitute a preferred claim against such estate, interest, or lien. (Added by Stats. 1965, Ch. 1784.)
  79. 1711.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

    Verify source ↗

    References to the Director of the Youth Authority mean the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, unless the law says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1711. Any reference to the Director of the Youth Authority shall be to the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, unless otherwise expressly provided. (Repealed and added by Stats. 2020, Ch. 337, Sec. 37. (SB 823) Effective September 30, 2020.)
  80. 17110.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A responsible county may support an indigent in another county if local supervisors think it is best; the counties must make an agreement, file a copy with the department, and the person is not treated as having gained residence in the other county.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17110. Whenever the respective boards of supervisors deem it best for the welfare of a family or in the public interest that an indigent remain in a county not responsible for his support, the county responsible for the support of the indigent may agree to support him in the county not so responsible; but no indigent supported in this manner shall be deemed to have acquired a residence in the nonresponsible county. Such agreement shall be made by the responsible county with the nonresponsible county, and a record or copy thereof shall be sent to and filed in the office of the department. (Added by Stats. 1965, Ch. 1784.)
  81. 17111.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    An applicant or recipient may keep needed trade tools and a reasonable-value car for employment, without losing aid eligibility or reducing aid. The board of supervisors decides which tools and what car value qualify.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Eligibility [17100 - 17111] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 17111. An applicant or recipient shall be permitted to retain, without effect on his eligibility for aid or the amount of aid to which he is otherwise entitled, the tools of his trade necessary to continue or seek employment and an automobile of reasonable value needed to seek or maintain employment in order to enable the applicant or recipient to become self-supporting. The board of supervisors shall determine what tools of the trade may be retained as necessary and the reasonable value of an automobile used to seek or maintain employment. (Added by Stats. 1965, Ch. 2048.)
  82. 1712.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

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    The Secretary of the Department of Corrections and Rehabilitation has specified powers over juvenile-related functions, can delegate duties, and must maintain and publish a public compendium of department rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1712. (a) All powers, duties, and functions pertaining to the care and treatment of wards provided by any provision of law and not specifically and expressly assigned to the Juvenile Justice branch of the Department of Corrections and Rehabilitation, or to the Board of Parole Hearings, shall be exercised and performed by the Secretary of the Department of Corrections and Rehabilitation. The secretary shall be the appointing authority for all civil service positions of employment in the department. The secretary may delegate the powers and duties vested in the secretary by law, in accordance with Section 7. (b) Commencing July 1, 2005, the secretary is authorized to make and enforce all rules appropriate to the proper accomplishment of the functions of the Division of Juvenile Facilities, Division of Juvenile Programs, and Division of Juvenile Parole Operations. The rules shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public. (c) The secretary shall maintain, publish, and make available to the general public, a compendium of rules and regulations promulgated by the department pursuant to this section. (d) The following exceptions to the procedures specified in this section shall apply to the department: (1) The department may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State; provided that no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them. (2) The department may rely upon a summary of the information compiled by a hearing officer; provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal. (Repealed and added by Stats. 2020, Ch. 337, Sec. 39. (SB 823) Effective September 30, 2020.)
  83. 1712.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

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    Wards in juvenile facilities must be allowed family phone calls and communication support, and staff must maintain certain contact and correspondence procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1712.1. (a) A ward confined in a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall be encouraged to communicate with family members, clergy, and others, and to participate in programs that will facilitate his or her education, rehabilitation, and accountability to victims, and that may help the ward become a law-abiding and productive member of society. If the division or a facility requires a ward to provide a list of allowed visitors, calls, or correspondents, that list shall be transferable from facility to facility, so that the transfer of the ward does not unduly interrupt family and community communication. (b) A ward shall be allowed a minimum of four telephone calls to his or her family per month. A restriction or reduction of the minimum amount of telephone calls allowed to a ward shall not be imposed as a disciplinary measure. If calls conflict with institutional operations, supervision, or security, telephone usage may be temporarily restricted to the extent reasonably necessary for the continued operation and security of the facility. When speaking by telephone with a family member, clergy, or counsel, a ward may use his or her native language or the native language of the person to whom he or she is speaking. (c) (1) If a ward’s visitation rights are suspended, division or facility staff shall be prepared to inform one or more persons on the list of those persons allowed to visit the ward, if any of those persons should call to ask. (2) The division or facility shall maintain a toll-free telephone number that families and others may call to confirm visiting times, and to provide timely updates on interruptions and rescheduling of visiting days, times, and conditions. (3) (A) The division shall encourage correspondence with family or clergy by providing blank paper, envelopes, pencils, and postage. Materials shall be provided in a manner that protects institutional and public safety. (B) When corresponding with a family member, clergy, or counsel in writing, the ward may use his or her native language or the native language of the person to whom he or she is writing. (C) Blank paper, envelopes, and pencils shall not be deemed contraband nor seized except in cases where the staff determines that these items would likely be used to cause bodily harm, injury, or death to the ward or other persons, or, based on specific history of property damage by the individual ward, would likely be used to cause destruction of state property. If the staff asserts that it is necessary to seize materials normally used for correspondence, the reasons for the seizure shall be entered in writing in the ward’s file or records. (Amended by Stats. 2008, Ch. 522, Sec. 3. Effective January 1, 2009.)
  84. 1712.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

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    Tobacco products may not be possessed or used by wards and inmates in Youth Authority institutions and camps, and may not be used by other people on Youth Authority grounds except in residential staff housing without inmates or wards. The Director must adopt regulations to implement the ban and include an exemption for departmentally approved religious ceremonies.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1712.5. (a) The possession or use of tobacco products by wards and inmates in all institutions and camps under the jurisdiction of the Department of the Youth Authority is prohibited. The Director of the Youth Authority shall adopt regulations to implement this prohibition, which shall include an exemption for departmentally approved religious ceremonies. (b) The use of tobacco products by any person not included in subdivision (a) on the grounds of any institution or facility under the jurisdiction of the Department of the Youth Authority is prohibited, with the exception of residential staff housing where inmates or wards are not present. (Added by Stats. 2004, Ch. 798, Sec. 7. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)
  85. 1713.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

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    The Director must have strong administrative experience in youth or adult correctional programs. The Governor may ask the State Personnel Board for a qualified list and may appoint from that list or appoint another qualified person.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1713. (a) The Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation shall have wide and successful administrative experience in youth or adult correctional programs embodying rehabilitative or delinquency prevention concepts. (b) The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as that subordinate officer. The Governor may appoint any person from such list of qualified persons or may reject all names and appoint another person who meets the requirements of this section. (Amended by Stats. 2012, Ch. 41, Sec. 93. (SB 1021) Effective June 27, 2012.)
  86. 1714.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

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    The Secretary of the Department of Corrections and Rehabilitation may transfer confined persons between Division of Juvenile Justice institutions or facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1714. The Secretary of the Department of Corrections and Rehabilitation may transfer persons confined in one institution or facility of the Division of Juvenile Justice to another. Proximity to family shall be one consideration in placement. (Repealed and added by Stats. 2020, Ch. 337, Sec. 41. (SB 823) Effective September 30, 2020.)
  87. 1715.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. )

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    The director may reimburse certain authority employees who are certified radiologic technologists for certification and renewal fees, if funds are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2. Department of the Youth Authority [1710 - 1715] ( Article 2 repealed and added by Stats. 1979, Ch. 860. ) ## 1715. From funds available for the support of the Youth Authority, the director may reimburse persons employed by the authority and certified as radiologic technologists pursuant to the Radiologic Technology Act (subdivision (f) of Section 27 of the Health and Safety Code) for the fees incurred both in connection with the obtaining of the certification since July 1, 1971, and with regard to the renewal thereof. (Amended by Stats. 1996, Ch. 1023, Sec. 458. Effective September 29, 1996.)
  88. 1716.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    From July 1, 2016, references to the Youth Authority Board mean the Board of Juvenile Hearings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1716. Commencing July 1, 2016, any reference to the Youth Authority Board refers to the Board of Juvenile Hearings. (Amended by Stats. 2016, Ch. 33, Sec. 40. (SB 843) Effective June 27, 2016.)
  89. 1718.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    This section sets how the Board of Juvenile Hearings is staffed and governed, including commissioner appointments, chair designation, an optional executive officer, and commissioner participation in hearings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1718. (a) The Governor shall appoint three commissioners, subject to Senate confirmation, to the Board of Juvenile Hearings. These commissioners shall be appointed and trained to hear only juvenile matters. The term of appointment for each commissioner shall be five years, and each term shall commence on the expiration of the predecessor. Each commissioner currently serving on the Board of Parole Hearings to hear only juvenile matters shall continue to serve as a commissioner of the Board of Juvenile Hearings until his or her current term expires. The Governor shall stagger the remaining vacancies as follows: one commissioner term to expire on July 1, 2018, and one commissioner term to expire on July 1, 2019. Any appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Commissioners are eligible for reappointment. The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross section of the racial, sexual, economic, and geographic features of the population of the state. (b) The Chair of the Board of Juvenile Hearings shall be designated by the Governor periodically. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. The Director of the Division of Juvenile Facilities shall be the hiring authority for all civil service positions of employment with the board. (c) Each commissioner shall participate in hearings, including discharge consideration hearings, initial case reviews, and annual reviews. (Added by Stats. 2016, Ch. 33, Sec. 41. (SB 843) Effective June 27, 2016.)
  90. 1719.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    The Board of Juvenile Hearings and the Division of Juvenile Facilities have listed powers and duties, and the department must create and use a graduated sanctions system for ward discipline.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1719. (a) The following powers and duties shall be exercised and performed by the Board of Juvenile Hearings: discharges of commitment, orders for discharge from the jurisdiction of the Division of Juvenile Facilities to the jurisdiction of the committing court, honorable discharge determinations, initial case reviews, and annual reviews. (b) Any ward may appeal a decision by the Board of Juvenile Hearings to deny discharge to a panel comprised of at least two commissioners. (c) The following powers and duties shall be exercised and performed by the Division of Juvenile Facilities: return of persons to the court of commitment for redisposition by the court or a reentry disposition, determination of offense category, setting of discharge consideration dates, developing and updating individualized treatment plans, institution placements, furlough placements, return of nonresident persons to the jurisdiction of the state of legal residence, disciplinary decisionmaking, and referrals pursuant to Section 1800. (d) The department shall promulgate policies and regulations implementing a departmentwide system of graduated sanctions for addressing ward disciplinary matters. The disciplinary decisionmaking system shall be employed as the disciplinary system in facilities under the jurisdiction of the Division of Juvenile Facilities, and shall provide a framework for handling disciplinary matters in a manner that is consistent, timely, proportionate, and ensures the due process rights of wards. The department shall develop and implement a system of graduated sanctions that distinguishes between minor, intermediate, and serious misconduct. The department may not extend a ward’s discharge consideration date. The department also may promulgate regulations to establish a process for granting wards who have successfully responded to disciplinary sanctions a reduction of any time acquired for disciplinary matters. (Amended by Stats. 2017, Ch. 683, Sec. 7. (SB 625) Effective January 1, 2018.)
  91. 1720.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    The Board of Juvenile Hearings must review each ward’s case within 45 days of arrival and then at least yearly, and the division must send copies of the reviews to the court and the county probation department.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1720. (a) The case of each ward shall be reviewed by the Board of Juvenile Hearings within 45 days of arrival at the department, and at other times as is necessary to meet the powers or duties of the board. (b) The Board of Juvenile Hearings shall periodically review the case of each ward. These reviews shall be made as frequently as the Board of Juvenile Hearings considers desirable and shall be made with respect to each ward at intervals not exceeding one year. (c) The ward shall be entitled to notice if his or her annual review is delayed beyond one year after the previous annual review hearing. The ward shall be informed of the reason for the delay and of the date the review hearing is to be held. (d) Failure of the board to review the case of a ward within 15 months of a previous review shall not of itself entitle the ward to discharge from the control of the division but shall entitle him or her to petition the superior court of the county from which he or she was committed for an order of discharge, and the court shall discharge him or her unless the court is satisfied as to the need for further control. (e) Reviews conducted by the board pursuant to this section shall be written and shall include, but not be limited to, the following: verification of the treatment or program goals and orders for the ward to ensure the ward is receiving treatment and programming that is narrowly tailored to address the correctional treatment needs of the ward and is being provided in a timely manner that is designed to meet the discharge consideration date set for the ward; an assessment of the ward’s adjustment and responsiveness to treatment, programming, and custody; a review of the ward’s disciplinary history and response to disciplinary sanctions; and a review of any additional information relevant to the ward’s progress. (f) The division shall provide copies of the reviews prepared pursuant to this section to the court and the probation department of the committing county. (Amended by Stats. 2016, Ch. 33, Sec. 43. (SB 843) Effective June 27, 2016.)
  92. 17200.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Work Relief Projects [17200 - 17201] ( Chapter 3 added by Stats. 1965, Ch. 1784. )

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    An indigent person eligible for Section 17000 benefits and not incapacitated by age, disease, or accident may be required to do work as a condition of relief.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Work Relief Projects [17200 - 17201] ( Chapter 3 added by Stats. 1965, Ch. 1784. ) ## 17200. Work may be required of an indigent, who is eligible to receive benefits under Section 17000, and who is not incapacitated by reason of age, disease, or accident, as a condition of relief. This work shall be created for the purpose of assisting in his or her rehabilitation and the preservation of his or her self-respect. (Amended by Stats. 1984, Ch. 613, Sec. 1.)
  93. 17201.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Work Relief Projects [17200 - 17201] ( Chapter 3 added by Stats. 1965, Ch. 1784. )

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    Some work relief projects are exempt from competitive bidding, and county purchasing agents may buy related materials and supplies without bids or other formal procurement steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Work Relief Projects [17200 - 17201] ( Chapter 3 added by Stats. 1965, Ch. 1784. ) ## 17201. Work relief projects conducted pursuant to Section 17200, which consist of the work of repairing or maintaining any shipping facility or public building, shall not be subject to the competitive bidding provisions of Sections 25450 and following of the Government Code where the work is to be done entirely by indigents, except that those providing supervision need not be indigents. In counties employing a purchasing agent, the materials and supplies used in such a project may be purchased by the purchasing agent without limit and without the formality of obtaining bids, letting contracts, preparing specifications, and the other formalities otherwise required by law. (Added by Stats. 1965, Ch. 1784.)
  94. 1721.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    The Board of Juvenile Hearings must meet at Division of Juvenile Facilities locations, may set other meeting times and places, may use board representatives, and may conduct discharge hearings in panels under voting rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1721. (a) The Board of Juvenile Hearings shall meet at each of the facilities under the jurisdiction of the Division of Juvenile Facilities. Meetings shall be held at whatever times may be necessary for a full and complete study of the cases of all wards whose matters are considered. Other times and places of meeting may also be designated by the board, including, but not limited to, prisons or state facilities housing wards under the jurisdiction of the Division of Juvenile Facilities. Each commissioner of the board shall receive his or her actual necessary traveling expenses incurred in the performance of his or her official duties. If the board performs its functions by meeting en banc in either public or executive sessions to decide matters of general policy, no action shall be valid unless it is concurred in by a majority vote of those present. (b) The Board of Juvenile Hearings may utilize board representatives to whom it may assign appropriate duties, including hearing cases and making decisions. Those decisions shall be made in accordance with policies approved by a majority of the total membership of the board. When determining whether commissioners or board representatives shall hear matters pursuant to subdivision (a) of Section 1719, or any other matter submitted to the board involving wards under the jurisdiction of the Division of Juvenile Facilities, the chair shall take into account the degree of complexity of the issues presented by the case. (c) The board shall exercise the powers and duties specified in subdivision (a) of Section 1719 in accordance with rules and regulations adopted by the board. The board may conduct discharge hearings in panels. Each panel shall consist of two or more persons, at least one of whom shall be a commissioner. No panel action shall be valid unless concurred in by a majority vote of the persons present; in the event of a tie vote, the matter shall be referred to and heard by the board en banc. (Added by Stats. 2016, Ch. 33, Sec. 44. (SB 843) Effective June 27, 2016.)
  95. 1722.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

    Verify source ↗

    The Board of Juvenile Hearings must file its rules and regulations, explain them plainly when practical, and keep a public compendium. The chairperson may set an effective date more than 30 days after filing, but copies must be posted and mailed at least 20 days before that date.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1722. (a) Any rules and regulations, including any resolutions and policy statements, promulgated by the Board of Juvenile Hearings shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public. (b) The Board of Juvenile Hearings shall maintain, publish, and make available to the general public a compendium of its rules and regulations, including any resolutions and policy statements, promulgated pursuant to this section. (c) Notwithstanding subdivisions (a) and (b), the chairperson may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State. However, no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them. (Added by Stats. 2016, Ch. 33, Sec. 45. (SB 843) Effective June 27, 2016.)
  96. 1723.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    The board may act through designees or subordinates, may delegate some powers, may review orders made under that delegation, and board designees must meet the training required by Section 1724.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1723. (a) The powers and duties of the board described in subdivision (a) of Section 1719 shall be exercised and performed by the board or its designee, as authorized by this article. (b) All other powers conferred to the board concerning wards under the jurisdiction of the division may be exercised through subordinates or delegated to the division under rules established by the board. Any person subjected to an order of those subordinates or of the division pursuant to that delegation may petition the board for review. The board may review those orders under appropriate rules and regulations. (c) All board designees shall be subject to the training required pursuant to Section 1724. (Amended by Stats. 2016, Ch. 33, Sec. 46. (SB 843) Effective June 27, 2016.)
  97. 1724.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    Commissioners and board representatives hearing juvenile matters must have relevant background and, where practicable, juvenile-justice experience or education, and must complete at least 40 hours of training within 60 days of appointment and annually thereafter.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1724. (a) Commissioners and board representatives hearing matters pursuant to subdivision (a) of Section 1719 or any other matter involving wards under the jurisdiction of the Division of Juvenile Facilities shall have a broad background in, and ability to perform or understand, appraisal of youthful offenders and delinquents, the circumstances of delinquency for which those persons are committed, and the evaluation of an individual’s progress toward reformation. Insofar as practicable, commissioners and board representatives selected to hear these matters also shall have a varied and sympathetic interest in juvenile justice and shall have experience or education in the fields of juvenile justice, sociology, law, law enforcement, mental health, medicine, drug treatment, or education. (b) Within 60 days of appointment and annually thereafter, commissioners and board representatives described in subdivision (a) shall undergo a minimum of 40 hours of training in the following areas: (1) Adolescent brain development, the principles of cognitive behavioral therapy, and evidence-based treatment and recidivism-reduction models. (2) Treatment and training programs provided to wards at the Division of Juvenile Facilities, including, but not limited to, educational, vocational, mental health, medical, substance abuse, psychotherapeutic counseling, and sex offender treatment programs. (3) Current national research on effective interventions with juvenile offenders and how they compare to division program and treatment services. (4) Commissioner duties and responsibilities. (5) Knowledge of laws and regulations applicable to conducting initial case reviews, annual reviews, and discharge hearings, including the rights of victims, witnesses, and wards. (6) Factors influencing ward lengths of stay and ward recidivism rates and their relationship to one another. (Added by Stats. 2016, Ch. 33, Sec. 47. (SB 843) Effective June 27, 2016.)
  98. 1725.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    The Board of Juvenile Hearings takes over the powers and duties of two prior boards, and those boards are abolished.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1725. (a) Commencing July 1, 2016, the Board of Juvenile Hearings shall succeed, and shall exercise and perform all powers and duties previously granted to, exercised by, and imposed upon the Youthful Offender Parole Board and Youth Authority Board, as authorized by this article. The Youthful Offender Parole Board and Youth Authority Board are abolished. (b) Commencing January 1, 2007, all commissioners appointed and trained to hear juvenile parole matters, together with their duties prescribed by law as functions of the Board of Parole Hearings concerning wards under the jurisdiction of the Department of Corrections and Rehabilitation, are transferred to the Director of the Division of Juvenile Justice. (Amended by Stats. 2016, Ch. 33, Sec. 48. (SB 843) Effective June 27, 2016.)
  99. 1726.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    Some Youth Authority employees must be selected and appointed under the State Civil Service Act, and certain Youthful Offender Parole Board staff must be transferred to the Department of the Youth Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1726. (a) Employees of the Department of the Youth Authority who are needed to support the functions of the Youth Authority Board shall be selected and appointed pursuant to the State Civil Service Act. (b) All officers and employees of the Youthful Offender Parole Board who on January 1, 2004, are serving in the state civil service, other than as temporary employees, as part of the direct staff of the Youthful Offender Parole Board shall be transferred to the Department of the Youth Authority and subject to retention pursuant to Section 19050.9 of the Government Code. (Amended by Stats. 2003, Ch. 4, Sec. 23. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  100. 1728.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. )

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    The Governor may remove a Board of Juvenile Hearings member for misconduct, incompetency, or neglect of duty, but only after a full hearing by the Board of State and Community Corrections.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 2.5. Board of Juvenile Hearings [1716 - 1728] ( Heading of Article 2.5 amended by Stats. 2016, Ch. 33, Sec. 39. ) ## 1728. The Governor may remove any member of the Board of Juvenile Hearings for misconduct, incompetency, or neglect of duty after a full hearing by the Board of State and Community Corrections. (Added by Stats. 2016, Ch. 33, Sec. 49. (SB 843) Effective June 27, 2016.)
  101. 1730.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A person may not be committed to the Youth Authority until the Authority has certified it has suitable detention, examination, study, facilities, and personnel. Before that certification, a court must deal with convicted persons under 21 without applying this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1730. (a) No person may be committed to the Authority until the Authority has certified in writing to the Governor that it has approved or established places of preliminary detention and places for examination and study of persons committed, and has other facilities and personnel sufficient for the proper discharge of its duties and functions. (b) Before certification to the Governor as provided in subsection (a), a court shall, upon conviction of a person under 21 years of age at the time of his apprehension, deal with him without regard to the provisions of this chapter. (Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
  102. 17300.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Relatives’ Responsibility [17300 - 17301] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

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    County aid under this part can be charged to responsible relatives, and the county may seek reimbursement from them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Relatives’ Responsibility [17300 - 17301] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 17300. All aid rendered by the county under this part shall be a charge against the responsible relative or relatives of the recipient thereof, and the county rendering aid shall be entitled to reimbursement therefor. The board of supervisors of the county rendering aid shall determine if the responsible relative or relatives have financial ability to support or contribute to the support of the recipient and were pecuniarily able to support or contribute to the support of the recipient during the time aid was rendered. If in the opinion of the board of supervisors pecuniary ability existed when the aid was given, and exists when the matter comes before the board of supervisors, the board shall request the district attorney or other civil legal officer of the county granting aid to proceed against such responsible relative or relatives. Upon such request, the district attorney or other civil legal officer shall maintain an action on behalf of the county granting aid against the relative or relatives to recover for the county the aid rendered and to secure an order requiring the payment of any sums which may become due in the future. The board of supervisors shall, in the case of aid granted by institutional care, fix a reasonable charge therefor, which shall be the measure of reimbursement to the county, and the existence of the order fixing the charge shall constitute prima facie evidence of its reasonableness. For the purposes of this article, property described in subdivisions (g) and (h) of Section 17409 shall not be considered in determining the financial ability of a responsible relative to support or contribute to the support of the recipient. For the purposes of this chapter responsible relative or relatives mean the spouse of a recipient and parent of a minor child who is a recipient. (Amended by Stats. 1976, Ch. 162.)
  103. 17301.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Relatives’ Responsibility [17300 - 17301] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

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    If a person fails to make court-ordered payments, the court may order the person to explain the failure and may take further enforcement action or later modify, change, or revoke its orders.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. Relatives’ Responsibility [17300 - 17301] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 17301. In any case where a person so ordered to make such payments fails so to do, the court may by order require him to show cause for such failure, and may otherwise enforce the order to make such payments by such order or orders as in its discretion it deems necessary from time to time, and such order or orders may be modified, altered, or revoked at the discretion of the court. (Added by Stats. 1965, Ch. 1784.)
  104. 1731.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A court must decide whether a convicted person was under 21 at apprehension, and it cannot commit an adult convicted in criminal court to the Youth Authority except for a transfer under Section 1731.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1731. (a) When in any criminal proceeding in a court of this State a person has been convicted of a public offense and the person was a minor when he or she committed the offense, the court shall determine whether the person was less than 21 years of age at the time of the apprehension from which the criminal proceeding resulted. Proceedings in a juvenile court in respect to a juvenile are not criminal proceedings as that phrase is used in this chapter. (b) Notwithstanding any other provision of law, no court shall have the power to order an adult convicted of a public offense in a court of criminal jurisdiction to be committed to the Youth Authority. This subdivision shall not apply to a transfer pursuant to Section 1731.5. (Amended by Stats. 1994, Ch. 452, Sec. 2. Effective January 1, 1995.)
  105. 1731.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    This section lets a court, until July 1, 2021, commit certain qualifying youths to the Division of Juvenile Justice, requires the division to accept some committed persons if it can materially benefit them and has facilities, and allows certain transfers and related custody decisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1731.5. (a) After certification to the Governor as provided in this article, a court may, until July 1, 2021, commit to the Division of Juvenile Justice any person who meets all of the following: (1) Is convicted of an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code. (2) Is found to be less than 21 years of age at the time of apprehension. (3) Is not sentenced to death, imprisonment for life, with or without the possibility of parole, whether or not pursuant to Section 190 of the Penal Code, imprisonment for 90 days or less, or the payment of a fine, or after having been directed to pay a fine, defaults in the payment thereof, and is subject to imprisonment for more than 90 days under the judgment. (4) Is not granted probation, or was granted probation and that probation is revoked and terminated. (b) The Division of Juvenile Justice shall accept a person committed to it prior to July 1,2021, pursuant to this article if it believes that the person can be materially benefited by its reformatory and educational discipline, and if it has adequate facilities to provide that care. (c) A person under 18 years of age who is not committed to the division pursuant to this section may be transferred to the division by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Division of Juvenile Justice. In sentencing a person under 18 years of age, the court may, until July 1, 2021, order that the person be transferred to the custody of the Division of Juvenile Justice pursuant to this subdivision. If the court makes this order and the division fails to accept custody of the person, the person shall be returned to court for resentencing. The transfer shall be solely for the purposes of housing the inmate, allowing participation in the programs available at the institution by the inmate, and allowing division parole supervision of the inmate, who, in all other aspects shall be deemed to be committed to the Department of Corrections and Rehabilitation and shall remain subject to the jurisdiction of the Secretary of the Department of Corrections and Rehabilitation and the Board of Parole Hearings. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the director as a place of reception for a person described in this subdivision. The director has the same powers with respect to an inmate transferred pursuant to this subdivision as if the inmate had been committed or transferred to the Division of Juvenile Justice either under the Arnold-Kennick Juvenile Court Law or subdivision (a). The duration of the transfer shall extend until any of the following occurs: (1) The director orders the inmate returned to the Department of Corrections and Rehabilitation. (2) The inmate is ordered discharged by the Board of Parole Hearings. (3) The inmate reaches 18 years of age. However, if the inmate’s period of incarceration would be completed on or before the inmate’s 25th birthday, the director may continue to house the inmate until the period of incarceration is completed or until final closure of the Division of Juvenile Justice. (d) The amendments to subdivision (c), as that subdivision reads on July 1, 2018, made by the act adding this subdivision, apply retroactively. (Amended by Stats. 2021, Ch. 18, Sec. 13. (SB 92) Effective May 14, 2021.)
  106. 1731.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    The court may order a temporary placement in a Division of Juvenile Justice diagnostic and treatment center, and the Director must report back within 90 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1731.6. (a) In any county in which there is in effect a contract made pursuant to Section 1752.1, if a court has determined that a person comes within the provisions of Section 1731.5 and concludes that a proper disposition of the case requires such observation and diagnosis as can be made at a diagnostic and treatment center of the Division of Juvenile Justice, the court may continue the hearing and, until July 1, 2021, order that the person be placed temporarily in such a center for a period not to exceed 90 days, with the further provision in such order that the Director of the Division of Juvenile Justice report to the court its diagnosis and recommendations concerning the person within the 90-day period. (b) The Director of the Division of Juvenile Justice shall, within the 90 days, cause the person to be observed and examined and shall forward to the court the diagnosis and recommendation concerning the person’s future care, supervision, and treatment. (c) The Division of Juvenile Justice shall accept that person if it believes that the person can be materially benefited by such diagnostic and treatment services and if the Director of the Division of Juvenile Justice certifies that staff and institutions are available. A person shall not be transported to any facility under the jurisdiction of the Division of Juvenile Justice until the director has notified the referring court of the place to which the person is to be transported and the time at which the person can be received. (d) Notwithstanding subdivision (c), the Division of Juvenile Justice shall accept without cost to the county any persons remanded pursuant to Section 707.2. (e) The sheriff of the county in which an order is made placing a person in a diagnostic and treatment center pursuant to this section, or any other peace officer designated by the court, shall execute the order placing the person in the center or returning them therefrom to the court. The expense of the sheriff or other peace officer incurred in executing that order is a charge upon the county in which the court is situated. (Amended by Stats. 2021, Ch. 18, Sec. 14. (SB 92) Effective May 14, 2021.)
  107. 1731.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    The Division of Juvenile Justice must run a seven-year transition-aged youth pilot program, report on it, and create implementing regulations, with limited transfer and placement rules for eligible youth.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1731.7. (a) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall establish and operate a seven-year pilot program for transition-aged youth. Commencing on or after January 1, 2019, the program shall divert a limited number of transition-aged youth from adult prison to a juvenile facility in order to provide developmentally appropriate, rehabilitative programming designed for transition-aged youth with the goal of improving their outcomes and reducing recidivism. (b) The department may develop criteria for placement in this program, initially targeting youth sentenced by a superior court who committed an offense described in subdivision (b) of Section 707 prior to 18 years of age. Youth with a period of incarceration that cannot be completed on or before their 25th birthday are ineligible for placement in the transition-aged youth program. The department may consider the availability of program credit earning opportunities that lower the total length of time a youth serves in determining eligibility. (c) Notwithstanding any other law, following sentencing, an individual who is 18 years of age or older at the time of sentencing and who has been convicted of an offense described in subdivision (b) of Section 707 that occurred prior to 18 years of age shall remain in local detention pending a determination of acceptance or rejection by the Division of Juvenile Justice. The Division of Juvenile Justice shall notify the local detention authority upon determination of acceptance or rejection of an individual pursuant to this subdivision. (d) An eligible person may be transferred to the Division of Juvenile Justice by the Secretary of the Department of Corrections and Rehabilitation with the approval of the Director of the Division of Juvenile Justice. Notwithstanding subdivision (b) of Section 2900 of the Penal Code, the secretary, with the concurrence of the director, may designate a facility under the jurisdiction of the Division of Juvenile Justice as a place of reception for a person described in this section. (e) The duration of the transfer shall extend until either of the following occurs: (1) The director orders the youth returned to the Department of Corrections and Rehabilitation. (2) The youth’s period of incarceration is completed. (f) The Division of Juvenile Justice shall produce and submit a report to the Legislature on January 1, 2020, to assess the program. At a minimum, the report shall include all of the following: (1) Criteria used to determine placement in the program. (2) Guidelines for satisfactory completion of the program. (3) Demographic data of eligible and selected participants, including, but not limited to, county of conviction, race, gender, sexual orientation, and gender identity and expression. (4) Disciplinary infractions incurred by participants. (5) Good conduct, milestone completion, rehabilitative achievement, and educational merit credits earned in custody. (6) Quantitative and qualitative measures of progress in programming. (7) Rates of attrition of program participants. (g) The Division of Juvenile Justice shall contract with one or more independent universities or outside research organizations to evaluate the effects of participation in the program established by this section. This evaluation shall include, at a minimum, an evaluation of cost-effectiveness, recidivism data, consistency with evidence-based principles, and program fidelity. If sufficient data is available, the evaluation may also compare participant outcomes with a like group of similarly situated transition aged youth retained in the counties or incarcerated in adult institutions. (h) The Division of Juvenile Justice shall promulgate regulations to implement this section. (i) Effective July 1, 2020, the pilot program operated pursuant to this section shall be suspended. Any pilot program participants who were diverted from an adult prison pursuant to this section and who were housed at the Division of Juvenile Justice prior to January 1, 2020, may remain at the Division of Juvenile Justice pursuant to subdivision (e). (Amended (as amended by Stats. 2020, Ch. 29, Sec. 42) by Stats. 2021, Ch. 18, Sec. 15. (SB 92) Effective May 14, 2021.)
  108. 1731.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    The department must set an initial parole consideration date for a ward within 60 days after commitment and notify the probation department and committing juvenile court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1731.8. Notwithstanding any other provision of law, within 60 days of the commitment of a ward to the Department of the Youth Authority, the department shall set an initial parole consideration date for the ward and shall notify the probation department and the committing juvenile court of that date. The department shall use the category offense guidelines contained in Sections 4951 to 4957, inclusive, of, and the deviation guidelines contained in subdivision (i) of Section 4945 of, Title 15 of the California Code of Regulations, that were in effect on January 1, 2003, in setting an initial parole consideration date. (Added by Stats. 2003, Ch. 4, Sec. 25. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  109. 1732.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A person with specified sex-offense convictions and a prior conviction for one of those felonies cannot be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732. No person convicted of violating Section 261, 262, or 264.1 of, subdivision (b) of Section 288 of, Section 289 of, or of sodomy or oral copulation by force, violence, duress, menace or threat of great bodily harm as provided in Section 286 or 287 of, or former Section 288a of, the Penal Code committed when that person was 18 years of age who has previously been convicted of any such felony shall be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. This section does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code. (Amended by Stats. 2018, Ch. 423, Sec. 126. (SB 1494) Effective January 1, 2019.)
  110. 1732.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    After the Division of Juvenile Justice closes, the State Department of State Hospitals must keep treating certain referred youths, notify specified parties about key events, and share discharge and treatment information; probation must find placement, provide transport, and reimburse certain outside care costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732.10. (a) Notwithstanding any other law, unless the committing court orders an alternative placement, upon closure of the Division of Juvenile Justice, the State Department of State Hospitals shall continue to provide evaluation, care, and treatment of state hospital patients referred by the division pursuant to Section 1756 and Interagency Agreement 21-00189, or a predecessor agreement, until clinical discharge, as defined in paragraph (9) of subdivision (b) is recommended by the State Department of State Hospitals, or until the patient referred by the division reaches the hospitalization release date in subdivision (e). When discharge is clinically indicated, the State Department of State Hospitals shall notify the juvenile court of commitment, juvenile counsel of record, the probation department, and the behavioral health department. The State Department of State Hospitals shall collaborate with county probation and behavioral health to ensure continuity of care. The division shall provide contact information for the committing court, juvenile counsel of record, and related probation department for all patients in the custody of the State Department of State Hospitals upon enactment of this section and any youth placed at the State Department of State Hospitals prior to closure of the division. (b) Notwithstanding the confidentiality provision for information and records set forth under Section 5328, for any youth referred by the division who remains a patient after closure of the division, the State Department of State Hospitals shall do the following: (1) Collaborate with the county probation department and behavioral health department prior to the expected discharge from the state hospital to assist the county in determining the least restrictive legal alternative placement for the youth. (2) Provide the court, juvenile counsel of record, and county probation department, upon closure of the division and annually thereafter, a copy of the finalized treatment plan specifying the youth’s goals of hospitalization, assessed needs, and how the staff will assist the youth to achieve the goals and objectives. (3) Notify the juvenile court of commitment, juvenile counsel of record, and county probation as soon as safely possible, but no later than 24 hours following any of the following: (A) A suicide or serious attempted suicide. (B) A serious injury or battery, with or without a weapon. (C) An alleged sexual assault. (D) An escape or attempted escape. (4) Provide county probation, biannually, a synopsis of behavioral incidences, including, but not limited to, self-harm, assault, contraband, and property damage. (5) Notify the committing court, juvenile counsel of record, and the county probation department if a youth refuses to consent to clinically necessary medication treatment and provide the court with the clinical records and testimony necessary for the court to consider an order for involuntary medication administration. Notwithstanding any other law, the State Department of State Hospitals shall utilize the process outlined in Section 4210 of Title 9 of the California Code of Regulations and In re Qawi (2004) 32.Cal.4th.1 to obtain involuntary medication orders. (6) Notify individuals covered by a youth’s medical release of information, the juvenile counsel of record, the juvenile committing court, and the county probation department within 24 hours of the youth being hospitalized for a serious medical condition. (7) Notify the youth’s next of kin on record, juvenile counsel of record, the juvenile committing court, and the county probation department of the county of commitment within 24 hours, and the local county coroner and local law enforcement agencies within two hours, of the discovery of death when a youth dies during hospitalization at a state hospital, or if the death occurred immediately following transfer from a state hospital to a community medical facility. (8) Notify the juvenile committing court, the juvenile counsel of record, and probation department if it believes the youth requires conservatorship upon discharge. For continuity of care, the State Department of State Hospitals shall accommodate any necessary access to the youth or medical records as needed for arranging conservatorship. (9) Notify the juvenile court of commitment, juvenile counsel of record, and the county probation department when the youth is ready to discharge to the county based on the following: (A) When the youth has improved to a degree that further hospitalization is unnecessary, or the primary illness or problem for which hospitalization was required is in substantial remission, and the remaining symptoms are those of a disorder for which hospitalization in a state hospital is not clinically necessary. (B) When further hospitalization is unnecessary, not clinically appropriate, and will provide no further benefit. (C) When a court has ordered an alternative placement. (D) When the youth has reached the hospitalization release date described in subdivision (e). (10) Provide a written discharge summary and all other pertinent medical and mental health data to the receiving juvenile court of commitment, juvenile counsel of record, and county probation department. (c) For a youth remaining a patient in a state hospital pursuant to this section, the probation department shall do all of the following: (1) Upon notification of discharge criteria having been met from the State Department of State Hospitals, find a placement for the patient within 45 days. (2) Provide transportation to court appearances and from the state hospital to the county designated placement within 7 calendar days of the discharge date. (3) Reimburse the State Department of State Hospitals for any off-site medical or surgical health care expense, if services could not be provided by the State Department of State Hospitals and prior approval was received from the county, except in cases of emergency. (d) The county of commitment shall not be charged by the state for a person placed in a state hospital by the division prior to closure pursuant to Section 1756 or Interagency Agreement 21-00189 or a predecessor agreement, during this placement. (e) A person in a state hospital under the provisions of Section 1756 or this section shall be released and discharged to the county of commitment no later than the person’s maximum juvenile confinement time, as determined by Section 607 and all other provisions of law. (f) Immediately prior to closure, the division shall notify the juvenile court of commitment and the juvenile counsel of record of the youth’s most recent projected board hearing date for court consideration. (g) This section shall only apply to the youth referred by the division prior to closure who remain a patient in a state hospital after closure of the division. Additional youth shall not be subject to this section. (h) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2022, Ch. 771, Sec. 22. (AB 160) Effective September 29, 2022. Repealed as of January 1, 2031, by its own provisions.)
  111. 1732.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A person convicted of murder, rape, or another serious felony committed at age 18 or older cannot be committed to the Youth Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732.5. Notwithstanding any other provision of law, no person convicted of murder, rape or any other serious felony, as defined in Section 1192.7 of the Penal Code, committed when he or she was 18 years of age or older shall be committed to Youth Authority. The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. (Added June 8, 1982, by initiative Proposition 8, Sec. 8.)
  112. 1732.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    This section limits when a minor may be committed to the Youth Authority and bars housing anyone under 16 in a Department of Corrections facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732.6. (a) No minor shall be committed to the Youth Authority when he or she is convicted in a criminal action for an offense described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 of the Penal Code and is sentenced to incarceration for life, an indeterminate period to life, or a determinate period of years such that the maximum number of years of potential confinement when added to the minor’s age would exceed 25 years. Except as specified in subdivision (b), in all other cases in which the minor has been convicted in a criminal action, the court shall retain discretion to sentence the minor to the Department of Corrections or to commit the minor to the Youth Authority. (b) No minor shall be committed to the Youth Authority when he or she is convicted in a criminal action for: (1) An offense described in subdivision (b) of Section 602, or (2) An offense described in paragraphs (1), (2), or (3) of subdivision (d) of Section 707, if the circumstances enumerated in those paragraphs are found to be true by the trier of fact. (3) An offense described in subdivision (b) of Section 707, if the minor had attained the age of 16 years of age or older at the time of commission of the offense. (c) Notwithstanding any other provision of law, no person under the age of 16 years shall be housed in any facility under the jurisdiction of the Department of Corrections. (Amended by Stats. 2002, Ch. 787, Sec. 36. Effective January 1, 2003. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
  113. 1732.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A young person convicted of a low-penalty public offense may be committed to the Authority only if the court is told of a prior public-offense conviction or juvenile court wardship and the court finds commitment best protects society.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732.7. A person who is convicted of a public offense for which the maximum penalty provided by law is imprisonment for not more than 90 days, and who is found to be less than 21 years of age at the time of his apprehension, may be committed to the Authority only if it is brought to the court’s knowledge that the person has been previously convicted of a public offense or has been a ward of the juvenile court by reason of a public offense and the court is satisfied that society will best be protected by commitment to the Authority. (Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
  114. 1732.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    The Youth Authority may transfer certain eligible adults to Corrections only with written, informed, irrevocable consent. The person must be told key parole and housing consequences, and some people housed in Corrections must join available education or vocational programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732.8. (a) Notwithstanding any other law and subject to the provisions of this section, the Director of the Youth Authority may transfer to and cause to be confined within the custody of the Director of Corrections any person 18 years of age or older who is subject to the custody, control, and discipline of the Department of the Youth Authority and who is scheduled to be returned, or has been returned, to the Department of the Youth Authority from the Department of Corrections after serving a sentence imposed pursuant to Section 1170 of the Penal Code for a felony that was committed while he or she was in the custody of the Department of the Youth Authority. (b) No person shall be transferred pursuant to this section until and unless the person voluntarily, intelligently, and knowingly executes a written consent to the transfer, which shall be irrevocable. (c) Prior to being returned to the Youth Authority, a person in the custody of the Department of Corrections who is scheduled to be returned to the Department of the Youth Authority shall meet personally with a Youth Authority parole agent or other appropriate Department of the Youth Authority staff member. The parole agent or staff member shall explain, using language clearly understandable to the person, all of the following matters: (1) What will be expected from the person when he or she returns to a Youth Authority institution in terms of cooperative daily living conduct and participation in applicable counseling, academic, vocational, work experience, or specialized programming. (2) The conditions of parole applicable to the person, and how those conditions will be monitored and enforced while the person is in the custody of the Youth Authority. (3) The person’s right under this section to voluntarily and irrevocably consent to continue to be housed in an institution under the jurisdiction of the Department of Corrections instead of being returned to the Youth Authority. (d) A person who has been returned to the Youth Authority after serving a sentence described in subdivision (a) may be transferred to the custody of the Department of Corrections if the person consents to the transfer after having been provided with the explanations described in subdivision (c). (e) If a Youth Authority person consents to being housed in an institution under the jurisdiction of the Department of Corrections pursuant to this section, he or she shall be subject to the general rules and regulations of the Department of Corrections. The Youth Authority Board shall continue to determine the person’s eligibility for parole at the same intervals, in the same manner, and under the same standards and criteria that would be applicable if the person were confined in the Department of the Youth Authority. However, the board shall not order or recommend any treatment, education, or other programming that is unavailable in the institution where the person is housed, and shall not deny parole to a person housed in the institution based solely on the person’s failure to participate in programs unavailable to the person. (f) Any person housed in an institution under the jurisdiction of the Department of Corrections pursuant to this section who has not attained a high school diploma or its equivalent shall participate in educational or vocational programs, to the extent the appropriate programs are available. (g) Upon notification by the Director of Corrections that the person should be no longer be housed in an institution under its jurisdiction, the Department of the Youth Authority shall immediately send for, take, and receive the person back into an institution under its jurisdiction. (Amended by Stats. 2003, Ch. 4, Sec. 26. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  115. 1732.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    This section lets certain eligible youths choose to stay in a Department of Corrections and Rehabilitation institution instead of returning to county custody, but only if they give the required written consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1732.9. (a) Notwithstanding any other law, immediately prior to closure of the Division of Juvenile Justice, a person 18 years of age or older who is subject to the custody, control, and discipline of the division and who has been sentenced to state prison pursuant to Section 1170 of the Penal Code for a felony committed while the person was in the custody of the division may voluntarily remain in an institution under the jurisdiction of the Department of Corrections and Rehabilitation to complete the remaining juvenile court commitment, subject to the provisions of this section, or may be returned to the county of commitment. (b) Notwithstanding any other law, immediately prior to closure of the division, a person 18 years of age or older in the custody of the Department of Corrections and Rehabilitation pursuant to Section 1732.8 may voluntarily remain in an institution under the jurisdiction of the Department of Corrections and Rehabilitation to complete the person’s juvenile court commitment, subject to the provisions of this section. (c) As soon as possible, the director of the division shall notify the juvenile court of commitment, juvenile counsel of record, and the county probation agency of a person in the custody of the Department of Corrections and Rehabilitation pursuant to Section 1732.8 of this code or Section 1170 of the Penal Code for a felony committed while in the custody of the division, that the person has remaining juvenile court commitment time that can be voluntarily served at an institution under the jurisdiction of the Department of Corrections and Rehabilitation, subject to the provisions of the section. The division shall also notify the juvenile court of commitment of the youth’s most recent projected board hearing date for court consideration. (d) Prior to deciding whether to serve the remaining commitment time in the state prison or be returned to the county of commitment, a person in the custody of the Department of Corrections and Rehabilitation pursuant to Section 1732.8 who is scheduled to be returned to the county shall meet personally with a probation officer from the county of commitment and be advised by juvenile counsel of record. The probation officer shall explain, using language clearly understandable to the person, all of the following matters: (1) What will be expected from the person when the person returns to county jurisdiction, in terms of cooperative daily living conduct and participation in applicable counseling, academic, vocational, work experience, or specialized programming. (2) The conditions of probation applicable to the person, if set by the court, and how those conditions will be monitored and enforced. (3) The person’s right, under this section, to voluntarily and irrevocably consent to continue to be housed in an institution under the jurisdiction of the Department of Corrections and Rehabilitation instead of being returned to county custody. (e) A person shall not be retained at the Department of Corrections and Rehabilitation pursuant to this section until and unless the person voluntarily, intelligently, and knowingly executes a written consent to the placement, which shall be irrevocable. This consent shall be irrevocable unless the youth can demonstrate that they are in danger of suffering great bodily harm. A youth returned to the county under this subdivision shall not be subsequently returned to the Department of Corrections and Rehabilitation. (f) Notwithstanding any other law, a person who has been returned to the county after serving a sentence imposed pursuant to Section 1170 of the Penal Code for a felony committed while the person was in the custody of the division, may be transferred to the custody of the Department of Corrections and Rehabilitation if the person consents to the transfer after having been provided with the explanations described in subdivision (d), and after consulting with the juvenile counsel of record. (g) If a person consents to being housed in an institution under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this section, the person shall be subject to the general rules and regulations of the department. The juvenile court of commitment shall continue to have jurisdiction over the juvenile case while the individual is in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. The county probation department shall, with the assistance of the Department of Corrections and Rehabilitation, provide semiannual status reports to the court that summarize the person’s progress in the department’s care. However, the court shall not order or recommend any treatment, education, or other programming that is unavailable in the institution where the person is housed, and shall not deny release to a person housed in the institution based solely on the person’s failure to participate in programs that were unavailable to the person. (h) A person housed in an institution under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this section who has not attained a high school diploma or its equivalent shall participate in educational or vocational programs, to the extent the appropriate programs are available. (i) Upon notification by the Secretary of the Department of Corrections and Rehabilitation that the person has completed the juvenile court commitment and should no longer be housed in an institution under its jurisdiction, the court of commitment shall immediately send for, take, and receive the person back into the county’s jurisdiction. (j) The county of commitment shall not be charged by the state for a person in custody of the Department of Corrections and Rehabilitation pursuant to this section while serving the person’s juvenile court commitment. (k) This section shall only apply to a person described in subdivision (a) or (b) who is in the custody of the Department of Corrections and Rehabilitation when the division closes. Additional persons shall not be subject to this section. (l) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2023, Ch. 131, Sec. 223. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions.)
  116. 1733.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    This section says a court may revoke or suspend a defendant’s license if another law already provides for that action.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1733. Nothing in this chapter prevents a court from revoking or suspending any license issued to the defendant under any law of this State where such revocation or suspension is otherwise provided for. (Added by Stats. 1941, Ch. 937.)
  117. 1735.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    If a court fines a person under 21 and the fine is unpaid, the court may remit all or part of the fine or commit the person to confinement in a place approved by the Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1735. If the court sentences a person under 21 years of age at the time of his apprehension to the payment of a fine and the fine is not paid, the court may either remit the fine in whole or in part, or commit him to confinement for a length of time permitted by the statutes relating to imprisonment for failure to pay fines. But such confinement may be only in a place approved by the Authority. (Amended by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
  118. 1736.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    The juvenile court may, at its discretion, commit persons under its jurisdiction to the authority, and the authority may, at its discretion, accept those commitments.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1736. The juvenile court may in its discretion commit persons subject to its jurisdiction to the authority, and the authority may in its discretion accept such commitments. (Added by Stats. 1941, Ch. 937.)
  119. 1737.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A court may recall a youth commitment and resentence the person if a diagnostic study and the director’s recommendation support it, subject to the stated timing rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1737. When a person has been committed to the custody of the authority, if it is deemed warranted by a diagnostic study and recommendation approved by the director, the judge who ordered the commitment or, if the judge is not available, the presiding judge of the court, within 120 days of the date of commitment on his or her own motion, or the court, at any time thereafter upon recommendation of the director, may recall the commitment previously ordered and resentence the person as if he or she had not previously been sentenced. The time served while in custody of the authority shall be credited toward the term of any person resentenced pursuant to this section. As used in this section, “time served while in custody of the authority” means the period of time during which the person was physically confined in a state institution by order of the Department of the Youth Authority or the Youth Authority Board. (Amended by Stats. 2003, Ch. 4, Sec. 27. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  120. 1737.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    If a Youth Authority commitment appears unsuitable, the department may return the person to the committing court, and the court may then send the person to state prison or county jail.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1737.1. Whenever any person who has been convicted of a public offense in adult court and committed to and accepted by the Department of the Youth Authority appears to be an improper person to be retained by the department, or to be so incorrigible or so incapable of reformation under the discipline of the department as to render his or her detention detrimental to the interests of the department and the other persons committed thereto, the department may order the return of that person to the committing court. The court may then commit the person to a state prison or sentence him or her to a county jail as provided by law for punishment of the offense of which he or she was convicted. The maximum term of imprisonment for a person committed to a state prison under this section shall be a period equal to the maximum term prescribed by law for the offense of which he or she was convicted less the period during which he or she was under the control of the department. This section shall not apply to commitments from juvenile court. As used in this section “period during which he or she was under the control of the department” means the period of time during which he or she was physically confined in a state institution by order of the department or the Youth Authority Board. (Amended by Stats. 2003, Ch. 4, Sec. 28. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  121. 1737.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A commitment to the Authority counts as a judgment under the cited Penal Code chapter and may be appealed.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1737.5. A commitment to the Authority is a judgment within the meaning of Chapter 1 of Title 8 of Part 2 of the Penal Code, and is appealable. (Added by Stats. 1943, Ch. 898.)
  122. 1738.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    When a court commits someone to the authority, the court may order detention or allow the person to remain at liberty under conditions. The person cannot be transported to a Youth Authority facility until the director has notified the county sheriff of the destination and receipt time.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1738. When the court commits a person to the authority the court may order him conveyed to some place of detention approved or established by the authority or may direct that he be left at liberty until otherwise ordered by the authority under such conditions as in the court’s opinion will insure his submission to any orders which the authority may issue. No such person shall be transported to any facility under the jurisdiction of the Youth Authority until the director has notified the sheriff of the county of the committing court of the place to which said person is to be transported and the time at which he can be received. (Amended by Stats. 1969, Ch. 1197.)
  123. 1739.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    A person convicted of a public offense keeps the right to a new trial or appeal. If a convicted person committed to the Authority appeals, the commitment usually continues, but the court may allow bail or release on conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1739. (a) The right of a person who has been convicted of a public offense to a new trial or to an appeal from the judgment of conviction shall not be affected by anything in this chapter. (b) When a person who has been convicted and committed to the Authority appeals from the conviction, the execution of the commitment to the Authority shall not be stayed by the taking of the appeal except as provided in subsection (c). The person so committed shall remain subject to the control of the Authority, until final disposition of the appeal. (c) A person convicted and committed to the Authority may be admitted to bail under the provisions of Section 1272 of the Penal Code, or in the discretion of the court, may be left at liberty, under such conditions as in the court’s opinion will insure his cooperation in reasonable expedition of the appellate proceedings and his submission to the control of the Authority at the proper time. (Added by Stats. 1941, Ch. 937.)
  124. 1740.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    When a court commits a person to the Authority, the court must तुरंत send the Authority a certified copy of the commitment order.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1740. When a court commits a person to the Authority such court shall at once forward to the Authority a certified copy of the order of commitment. (Added by Stats. 1941, Ch. 937.)
  125. 17400.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    If a county has a lien on a recipient’s real property and learns the property is being sold in foreclosure, it must notify the recipient when the county will not bid or redeem and will subordinate its liens to later mortgages or deeds of trust while title stays in the recipient’s name.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17400. In any case in which a county has taken a lien against real property owned by a recipient of public assistance for any purpose, including hospitalization or medical care furnished to the recipient, and such lien is subordinate to a mortgage or deed of trust on the property, the county, upon learning of the pending sale of the property in connection with the foreclosure of that mortgage or deed of trust, shall notify the recipient if it has no intention of bidding at the sale or redeeming the property and agrees to subordinate its liens to any subsequent mortgage or deed of trust on the real property so long as the title thereto remains in the name of the recipient. (Added by Stats. 1965, Ch. 1784.)
  126. 17401.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    Counties may place liens for county hospital care, but they must release or adjust them in specified situations and may not charge interest or certain liens against exempt homes or relatives.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17401. No lien taken by a county pursuant to Section 17109 for care provided to a person in a county hospital shall be enforced against the home of that person (1) during his lifetime or that of his spouse, or (2) during the minority of his children if they reside in the home, or (3) during the lifetime of any dependent adult child who resides in the home and who is incapable of self-support because of mental or physical disability. Any lien taken by a county for county hospital care shall be released immediately when the amount owing the county for that care is paid. The county shall render to a person to whom care has been provided in a county hospital a statement setting forth the charges upon which its claim for reimbursement is based. No interest or carrying charge shall be charged in connection with any debt incurred for county hospital care. If a person against whose home a lien has been imposed for county hospital care desires to sell his home, the county shall release its lien against the original home and transfer it to the new home, provided that it finds that its security will not be impaired. If the person desires to borrow money for the purpose of making improvements to his home, using his home for security, the county shall subordinate its lien to the mortgage or other security interest given for the loan, if the county finds that its security will not be impaired. If a person against whose home a lien has been imposed for county hospital care has the home acquired by a public entity for public use, the county shall release its lien against the original home and transfer it to any new home the person acquires. No lien shall be taken pursuant to Section 17109 against the home of a person for care provided him in a county hospital, if he was confined to the county hospital as the result of a diagnosis of tuberculosis. No lien shall be taken pursuant to this part against the home or other property of any relative, except for a parent of a minor or a spouse, liable for the support of a person confined in a county hospital or otherwise receiving aid under this part. In no way do the authorizations and limitations expressed in this section enlarge upon the power of counties to take or impose liens under existing law. Nothing contained in this section shall be construed to permit a county to impose a lien for aid or other assistance granted under any public assistance program established by this code for which federal funds are received by this state, or under the aid to the potentially self-supporting blind program. (Amended by Stats. 1974, Ch. 47.)
  127. 17402.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The county board of supervisors may order sale of a deceased indigent person’s personal property when it is worth less than $25 and is held by, or surrendered to, a county officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17402. If there is in the hands of any officer of the county, or there is surrendered to any officer of the county, upon the death of any indigent person, any personal property of a total of less than twenty-five dollars ($25) in value, belonging to such person, the board of supervisors of the county may, by resolution, order such property to be sold, and if the proceeds thereof do not exceed the sum of twenty-five dollars ($25), they shall be applied to the payment of the claim of the county against such person. If the value of such property or the proceeds received from its sale exceeds the sum of twenty-five dollars ($25), or exceeds the indebtedness due to the county, such property or the proceeds of the sale thereof in excess of twenty-five dollars ($25), or the amount of the claims of the county, shall be delivered to the public administrator of the county or to any other legal representative of the deceased for administration. (Added by Stats. 1965, Ch. 1784.)
  128. 17403.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    If a person whose support was paid with public money later acquires property, the county can claim a reasonable charge, and the district attorney must enforce that claim when the board of supervisors asks.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17403. If a person for the support of whom public moneys have been expended acquires property, the county shall have a claim against him to the amount of a reasonable charge for moneys so expended, and such claim shall be enforced by action against him by the district attorney of the county on request of the board of supervisors. In a proper case therefor, the district attorney shall apply to the proper court for the appointment of a guardian or conservator of the person or estate, or both, of the indigent. The support of such indigent from public funds shall be deemed a ground for sale or encumbrance of his property under the provisions of Section 2541 of the Probate Code. (Amended by Stats. 1979, Ch. 730.)
  129. 17403.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    When the county gets an interim assistance reimbursement payment in certain SSI denial or termination cases, it must pay a representation fee to the claimant’s representative, and that fee cannot be recovered from the indigent or the estate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17403.1. Notwithstanding the provisions of Section 17403, the county claim for reimbursement of aid extended to the indigent shall be offset as provided herein in cases where: (1) the indigent is represented by an attorney at law or other authorized representative in connection with a denial of, or termination of, Supplemental Security Income benefits with state supplementation under the provisions of Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3; and (2) the county receives the indigent’s initial payment of these benefits pursuant to an interim assistance reimbursement agreement authorized by Section 1631 (g) of the federal Social Security Act. The amount of offset reducing the county claim in these instances shall be paid to the representative by the county as a representation fee. The county, by appropriate enactment of the board of supervisors, may elect to be exempted from the mandatory obligation to pay representation fees under this section, but the county shall retain the authority, despite such election, to pay a representation fee in such instances as the county may deem appropriate. Any representation fee paid pursuant to this section shall not be recoverable from the indigent or the indigent’s estate. The representation fee shall be a fixed percentage of the interim assistance reimbursement received by the county equal to the lesser of (1) 25 percent; or (2) the percentage obtained by dividing any representation fee to be paid by the indigent as authorized under federal law by the net benefits paid to the indigent by the county after interim assistance reimbursement and multiplying the quotient by 100. For purposes of this section, an “authorized representative” shall mean an individual who has met the requirements set forth in Title XVI of the federal Social Security Act and regulations promulgated thereunder. (Added by Stats. 1983, Ch. 714, Sec. 1.)
  130. 17404.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    Money from selling or encumbering a ward’s property, or money collected from that property, must be paid to the county to cover the ward’s support costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17404. From the proceeds of a sale or encumbrance of the property of such ward, or from such funds as may be collected from the property of the ward, there shall be paid to the county the expense of the support of the ward prior to collection, together with the subsequent expense of such support. (Added by Stats. 1965, Ch. 1784.)
  131. 17405.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The board of supervisors may reconvey or release certain property interests or liens if the county is paid the secured aid-repayment amount or an equivalent amount the board believes matches net foreclosure or forced-sale value.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17405. Any estate, interest or lien in property transferred or granted to the board of supervisors under the provisions of Section 17109, or under the provisions of Section 9 of an act entitled “An act to provide for the aid and relief of indigents,” approved June 5, 1933, may be reconveyed or released by them upon payment to the county of the amount of aid repayment of which is thereby secured or upon payment to the county of such amount as in the opinion of the board of supervisors equals the net amount which would be realized in the event that the lien was foreclosed or such estate or interest was sold at forced sale. (Added by Stats. 1965, Ch. 1784.)
  132. 17406.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The board of supervisors may subordinate certain estates, interests, or liens to the lien of a refinancing mortgage or deed of trust if the earlier lien had priority.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17406. Any estate, interest, or lien held by the board of supervisors under the provisions of Section 17109, or under the provisions of Section 9 of an act entitled “An act to provide for the aid and relief of indigents,” approved June 5, 1933, may be subordinated by them to the lien of any mortgage or deed of trust given to renew or refinance any mortgage, deed of trust, or other encumbrance, the lien or charge of which had priority over such estate, interest or lien. (Added by Stats. 1965, Ch. 1784.)
  133. 17407.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The board of supervisors may release, reconvey, or subordinate certain liens or interests if, after investigation, it finds doing so serves the purposes of the part and the affected property is owned by the aid recipient.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17407. In any case in which the board of supervisors determines, after investigation, that the purposes of this part will be served by releasing or subordinating any lien in whole or in part or reconveying or subordinating in whole or in part any interest or estate transferred or granted to the board of supervisors under the provisions of Section 17109 or under the provisions of Section 9 of an act entitled “An act to provide for the aid and relief of indigents,” approved June 5, 1933, and determines that the property affected by such lien, transfer or grant, except such interest or estate as may have been conveyed to the county, is at the time owned by the recipient of aid, the board of supervisors may release such lien in whole or in part or may reconvey such interest or estate in whole or in part or may subordinate the lien, interest or estate so transferred or granted to it to one or more designated encumbrances executed by the recipient of aid, without consideration or for such consideration as the board may determine. (Added by Stats. 1965, Ch. 1784.)
  134. 17408.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The board of supervisors must authorize these releases, reconveyances, and subordinations by resolution, and a designated county officer must execute the instruments in the name of the county and the State of California.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17408. The releases, reconveyances and subordinations herein provided for shall be authorized by a resolution of the board of supervisors, and the instruments of release, reconveyance, or subordination shall be executed by an officer of the county, designated by the board of supervisors, in the name of the county and the State of California, and any release, reconveyance or subordination authorized by the board of supervisors and executed by the designated county officer shall conclusively bind the county and the state in favor of any bona fide purchaser or encumbrancer for value. (Added by Stats. 1965, Ch. 1784.)
  135. 17409.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    Several kinds of property are exempt from certain transfers, grants, and execution claims, and counties may not withhold emergency medical or hospital care while waiting for reimbursement security.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17409. There shall be exempt from the transfers and grants authorized by Section 17109 and from execution on claims under Section 17403 against property acquired by persons for the support of whom public moneys have been expended all of the following property: (a) Cash not exceeding one hundred dollars ($100). (b) Personal effects and household furniture not exceeding one thousand dollars ($1,000) in value. (c) An interment space, crypt, or niche intended for the interment of the applicant or recipient of aid. (d) Funds placed in trust for funeral or burial expenses not exceeding one thousand dollars ($1,000). (e) Insurance policies having an actual cash surrender value not exceeding one thousand dollars ($1,000). (f) Real or personal property of a recipient of public assistance, with respect to aid or county hospital care. (g) For a period of six months from the date of receipt, the compensation received from a public entity which acquires for a public use a dwelling actually owned and occupied by the recipient. Such compensation shall be exempt in the amount, over and above all liens and encumbrances, provided by Section 704.730 of the Code of Civil Procedure. (h) Relocation benefits shall be exempt as provided by Section 704.180 of the Code of Civil Procedure. No county shall withhold emergency medical or hospital care from any person pending the person giving security for reimbursement to the county for the care or hospitalization to be provided to the person. (Amended by Stats. 2003, Ch. 379, Sec. 12. Effective January 1, 2004.)
  136. 1741.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    Several local officials must provide written information and records to the authority when a person is committed to it.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1741. The judge before whom the person was tried and committed, the district attorney or other official who conducted the prosecution, and the probation officer of the county, shall obtain and with the order of commitment furnish to the authority, in writing, all information that can be given in regard to the career, habits, degree of education, age, nationality, parentage and previous occupations of such person, together with a statement to the best of their knowledge as to whether such person was industrious, and of good character, the nature of his associates and his disposition. The reports required by this section shall be made upon forms furnished by the authority or according to an outline furnished by it. When a person has been committed to the authority, the court and the prosecuting and police authorities and other public officials shall make available to the authority all pertinent data in their possession in respect to the case. (Amended by Stats. 1961, Ch. 79.)
  137. 17410.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    A person who fraudulently buys or receives certain vouchers, invoices, or similar documents without providing the related services or merchandise can be punished by jail time, a fine, or both.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Termination and Recovery of Assistance [17400 - 17410] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 17410. Any person who with the intent to defraud, buys or receives a voucher, invoice, or similar document issued for services or merchandise under this part without furnishing such services or merchandise is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of not more than one year, by a fine of not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 633. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  138. 1742.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. )

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    When a juvenile court commits a person with exceptional needs to the Youth Authority, it may not order the juvenile into physical custody until the juvenile’s individualized education program has been furnished to the Department of the Youth Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 3. Commitments to Youth Authority [1730 - 1742] ( Heading of Article 3 amended by Stats. 1943, Ch. 690. ) ## 1742. When the juvenile court commits to the Youth Authority a person identified as an individual with exceptional needs, as defined by Section 56026 of the Education Code, the juvenile court, subject to the requirements of subdivision (a) of Section 727 and subdivision (b) of Section 737, shall not order the juvenile conveyed to the physical custody of the Youth Authority until the juvenile’s individualized education program previously developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code for the individual with exceptional needs, has been furnished to the Department of the Youth Authority. To facilitate this process the juvenile court shall assure that the probation officer communicates with appropriate staff at the juvenile court school, county office of education, or special education local planning area. (Added by Stats. 1993, Ch. 175, Sec. 1. Effective January 1, 1994.)
  139. 1750.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Authority may spend only the funds specifically made available for its use.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1750. The Authority is limited in its expenditures to funds specifically made available for its use. (Added by Stats. 1941, Ch. 937.)
  140. 17500.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Unemployed or Displaced Workers [17500 - 17501] ( Heading of Chapter 5.5 renumbered from Chapter 6 (as added by Stats. 1988, Ch. 90, Sec. 1) by Stats. 2015, Ch. 303, Sec. 636. )

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    This section says the Legislature wants certain counties to provide preventative support services for unemployed and displaced workers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Unemployed or Displaced Workers [17500 - 17501] ( Heading of Chapter 5.5 renumbered from Chapter 6 (as added by Stats. 1988, Ch. 90, Sec. 1) by Stats. 2015, Ch. 303, Sec. 636. ) ## 17500. It is the intent of the Legislature in enacting this chapter to encourage certain counties to provide preventative support services to unemployed and displaced workers for the following purposes: (a) To enable unemployed workers and their families to maintain stability in their lives. (b) To bring together the resources and skills of the public and private sector to aid unemployed workers and their families. (c) To help prevent the emotional crisis often resulting from unemployment from leading to more serious and disabling health and mental health problems, including homelessness and suicide. (d) To help unemployed workers and their families avoid dependency upon public assistance programs. (e) To encourage a cooperative effort between the Employment Development Department and other local public and private services in providing supportive services to unemployed workers and their families. (f) The services provided pursuant to this chapter are to be carried out through coordination with the service delivery area, as designated pursuant to Section 15005 of the Unemployment Insurance Code, and shall be consistent with the appropriate service delivery area plan and employment and training plan for displaced workers, as described in Sections 15043 and 15076, respectively, of the Unemployment Insurance Code. (Added by Stats. 1988, Ch. 90, Sec. 1.)
  141. 17501.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Unemployed or Displaced Workers [17500 - 17501] ( Heading of Chapter 5.5 renumbered from Chapter 6 (as added by Stats. 1988, Ch. 90, Sec. 1) by Stats. 2015, Ch. 303, Sec. 636. )

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    A county may contract for counseling, referral, and resource information services if the board of supervisors votes yes. Those services may not include direct financial assistance, and any direct services must be provided at or near local Employment Development Department offices or related public service sites.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5.5. Unemployed or Displaced Workers [17500 - 17501] ( Heading of Chapter 5.5 renumbered from Chapter 6 (as added by Stats. 1988, Ch. 90, Sec. 1) by Stats. 2015, Ch. 303, Sec. 636. ) ## 17501. (a) A county may, upon the affirmative vote of the board of supervisors, elect to contract with a contracting agency for services which provide counseling and referral and resource information services that conform to the purposes listed in Section 17500. (b) The services provided under contract may include: (1) Telephone crisis counseling. (2) Development and publication of resource guides. (3) Direct supportive counseling. (c) The services provided under contract may not include direct financial assistance to clients. (d) The direct services provided under contract shall be delivered at or near the local Employment Development Department offices or other related public service sites. (e) The contractor shall be encouraged to use volunteer resources in service delivery to the maximum extent possible. (Added by Stats. 1988, Ch. 90, Sec. 1.)
  142. 1752.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director must create and implement a disciplinary matrix, adopt a department code of conduct, and make sure certain employees are informed about available services. The department must post the code and send annual email notices to employees with email access.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.05. (a) The director shall provide for the development and implementation of a disciplinary matrix with offenses and associated punishments applicable to all department employees, in order to ensure notice and consistency statewide. The disciplinary matrix shall take into account aggravating and mitigating factors for establishing a just and proper penalty for the charged misconduct, as required by the California Supreme Court in Skelly v. State Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or mitigating factors may result in the imposition of a greater or a lesser penalty than might otherwise be mandated by the disciplinary matrix. (b) The director shall adopt a code of conduct for all employees of the department. (c) The director shall ensure that employees who have reported improper governmental activities and who request services from the department are informed of the services available to them. (d) The department shall post the code of conduct in locations where employee notices are maintained. On July 1, 2005, and annually thereafter, the department shall send by electronic mail to its employees who have authorized access to electronic mail, the following: (1) Information regarding the code of conduct. (2) The duty to report misconduct. (3) How to report misconduct. (4) The duty to fully cooperate during investigations. (5) Assurances against retaliation. (Added by Stats. 2004, Ch. 738, Sec. 3. Effective January 1, 2005.)
  143. 1752.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may contract with counties if the Director of Finance approves, the county must reimburse the state for costs, the Division of Juvenile Justice must send monthly claims, and it may not accept new county cases on and after July 1, 2021.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.1. (a) The director may enter into contracts with the approval of the Director of Finance with any county of this state, upon request of the board of supervisors thereof, wherein the Division of Juvenile Justice agrees to furnish diagnosis and treatment services and temporary detention during a period of study to the county for selected cases of persons eligible for commitment to the Division of Juvenile Justice. The county shall reimburse the state for the cost of those services, the cost to be determined by the Director of the Division of Juvenile Justice. (b) The Division of Juvenile Justice shall present to the county, not more frequently than monthly, a claim for the amount due the state under this section which the county shall process and pay pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. (c) The Division of Juvenile Justice shall not accept new cases from the counties pursuant to this section on and after July 1, 2021. (Amended by Stats. 2021, Ch. 18, Sec. 17. (SB 92) Effective May 14, 2021.)
  144. 1752.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may contract with counties, but only with Finance approval, to provide temporary emergency detention facilities and related services. Counties must provide legal consultation and, in some cases, visitation, reimburse the state, and process/pay claims. Department facilities cannot be used to detain certain minors, and no new county cases may be accepted after July 1, 2021.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.15. (a) The director may enter into contracts, with the approval of the Director of Finance, with any county of this state upon request of the board of supervisors thereof, wherein the Division of Juvenile Justice agrees to furnish temporary emergency detention facilities and necessary services incident thereto, for persons under the age of 18 years who are in the custody of the county probation officer pursuant to provisions of Chapter 2 (commencing with Section 200) of Part 1 of Division 2. Facilities of the department may be used only on a temporary basis when existing county juvenile facilities are rendered unsafe or inadequate because of a natural or manmade disaster, or when the continued presence of the minor or minors in the county juvenile facilities would, in the opinion of the judge of the juvenile court having jurisdiction over the minor, of the chief probation officer of the county, and of the director, present a significant risk of violence or escape. They may not be used for the detention of a person who is alleged to be or has been adjudged to be a person described by Section 300 or Section 601. (b) Whenever any person is detained in a Division of Juvenile Justice facility located in a county other than the county which has contracted for services pursuant to this section, the county shall provide for adequate consultation between the minor and the minor’s attorney; and, if the minor’s parent or guardian lacks adequate private means of transportation, and if the minor has been detained in the facility for more than 10 days, the county shall make reasonable efforts to provide for visitation between the minor and the minor’s parents or guardian. (c) The county shall reimburse the state for the cost of these services, the cost to be determined by the director. The department shall present to the county, not more than once a month, a claim for the amount due the state under this section which the county shall process and pay pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. (d) The Division of Juvenile Justice shall not accept new cases from the counties pursuant to this section on and after July 1, 2021. (Amended by Stats. 2021, Ch. 18, Sec. 18. (SB 92) Effective May 14, 2021.)
  145. 1752.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Chief of the Division of Juvenile Facilities may make county contracts, with Finance approval, to provide housing for certain recalled wards. Counties that enter these contracts do not have to reimburse the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.16. (a) The Chief of the Division of Juvenile Facilities, with approval of the Director of Finance, may enter into contracts with any county of this state for the Division of Juvenile Facilities to furnish housing to a ward who was in the custody of the Division of Juvenile Facilities on December 12, 2011, and whose commitment was recalled based on both of the following: (1) The ward was committed to the Division of Juvenile Facilities for the commission of an offense described in subdivision (c) of Section 290.008 of the Penal Code. (2) The ward has not been adjudged a ward of the court pursuant to Section 602 for commission of an offense described in subdivision (b) of Section 707. (b) It is the intent of the Legislature in enacting this act to address the California Supreme Court’s ruling in In re C.H. (2011) 53 Cal.4th 94. (c) Notwithstanding Sections 11010 and 11270 of the Government Code, any county entering into a contract pursuant to this section shall not be required to reimburse the state. (Amended by Stats. 2012, Ch. 41, Sec. 99. (SB 1021) Effective June 27, 2012.)
  146. 1752.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Division of Juvenile Justice must create a precorps transitional training program, run it in a DJJ-identified facility, and work with the California Conservation Corps and local conservation corps on its content and administration.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.2. (a) The Division of Juvenile Justice, in partnership with the California Conservation Corps and participating certified local conservation corps, shall develop and establish a precorps transitional training program within the Division of Juvenile Justice. This program shall operate within a facility identified by the Division of Juvenile Justice, with partnering state and local conservation corps responsible for program content, delivery, and administration. This program shall provide participating Division of Juvenile Justice corps members with a training and development program to approximate the experience of serving in a conservation corps, and include opportunities for skill building, job readiness training, community service, and conservation activities. Training shall include, but is not limited to, transferable professional skills known as “soft skills,” social emotional learning, transitional life skills, and conservation jobs skills. Division of Juvenile Justice participants who successfully complete program curriculum shall qualify for a paid full-time placement within a local community corps program, and may be considered for a placement in the California Conservation Corps. This program shall be considered for expansion to additional Division of Juvenile Justice facilities if effective at reducing recidivism among participants. (b) The Division of Juvenile Justice and the California Conservation Corps shall enter into an interagency agreement to implement this section. The agreement shall include input from participating certified local conservation corps. (Repealed and added by Stats. 2020, Ch. 337, Sec. 45. (SB 823) Effective September 30, 2020.)
  147. 1752.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may allocate available funds to local governmental and nongovernmental agencies for the cost of local correctional programs partially financed by federal grants.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.3. The director may, from any moneys made available for such purposes, allocate funds to local governmental and nongovernmental agencies to share in the cost of local correctional programs which are partially financed by federal grants. (Added by Stats. 1970, Ch. 816.)
  148. 1752.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may run a canteen at an institution or camp under his jurisdiction, and the canteen must operate on a nonprofit basis.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.5. The director may establish and maintain at any institution or camp under his jurisdiction a canteen for the sale to persons confined therein of candy, nutritional snacks, toilet articles, sundries, and other articles. The canteen shall operate on a nonprofit basis. However, if sales should exceed costs, the surplus shall be deposited in a special fund, to be designated “Benefit Fund.” Any moneys contained in such fund shall be used for the benefit of the wards resident at the institution or camp. (Amended by Stats. 2004, Ch. 798, Sec. 8. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)
  149. 1752.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may enter into contracts with colleges, universities, and other organizations, but only with the approval of the Director of General Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.6. The director may, with the approval of the Director of General Services, enter into contracts with colleges, universities, and other organizations for the purposes of research in the field of delinquency and crime prevention and of training special workers, including teachers, institution employees, probation and parole officers, social workers and others engaged, whether as volunteers or for compensation, and whether part time or full time, in the fields of education, recreation, mental health, and treatment and prevention of delinquency. (Amended by Stats. 2014, Ch. 144, Sec. 57. (AB 1847) Effective January 1, 2015.)
  150. 1752.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may collect crime- and juvenile-delinquency-related statistics and information, and state, county, and city officers and employees must provide requested information they have and control.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.7. The director may collect statistics and information regarding juvenile delinquency, crimes reported and discovered, arrests made, complaints, informations, and indictments filed and the disposition made thereof, pleas, convictions, acquittals, probations granted or denied, commitments to and transfers and discharges from places of incarceration, and other data and information useful in determining the cause and amount of crime in this State, or in carrying out the powers and duties of the authority. All officers and employees of the State and of every county and city shall furnish to the director upon request such statistics and other information within their knowledge and control as the director deems necessary or proper to be collected pursuant to the provisions of this section. (Amended by Stats. 1945, Ch. 639.)
  151. 1752.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Director of the Youth Authority may deposit wards’ funds in trust accounts and may mingle them for deposit purposes; the Youth Authority may assess a ward’s trust fund for actual costs; and the funds and interest must be paid to the ward when the ward is discharged.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.8. The Director of the Youth Authority may deposit any funds of wards committed to the authority in the director’s possession in trust with the Treasurer pursuant to Section 16305.3 of the Government Code or in trust in insured bank, savings and loan, or state or federal credit union accounts bearing interest at rates up to the maximum permitted by law, and for the purpose of deposit only, may mingle the funds of any ward with the funds of other wards. Such funds together with the interest paid thereon may be paid over to the ward upon his or her request, and shall be paid over to the ward upon his or her discharge from the Youth Authority. Notwithstanding the provisions of this section and Section 1752.81, the Youth Authority may assess a ward’s trust fund for actual costs for the ward’s support, maintenance, training and treatment. (Amended by Stats. 1983, Ch. 715, Sec. 3.)
  152. 1752.83.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Youth Authority may take money from a ward’s trust fund to pay for intentional damage to public property, and it must use its disciplinary procedures to decide whether the damage was intentional and how much to deduct.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.83. (a) It is the intent of the Legislature that wards of the Youth Authority be held accountable for intentional damage and destruction of public property committed while they are confined in Youth Authority facilities. To that end, and notwithstanding the provisions of Sections 1752.8 and 1752.81, the Youth Authority may deduct from a ward’s trust fund any amounts that are necessary to pay for intentional damage to public property caused by the ward while confined within an institution or other facility of the Youth Authority. (b) The Youth Authority shall utilize the procedures in its regulations for disciplinary actions to determine whether the damage or destruction was intentionally caused by the ward and, if so, to determine the amount to be deducted to pay for the damage or destruction. (c) Funds that are deducted shall remain with the Youth Authority and shall be used to repair or replace the public property damaged or destroyed as provided for in the Budget Act for that fiscal year. (Added by renumbering Section 1752.82 (as added by Stats. 1984, Ch. 494) by Stats. 1986, Ch. 248, Sec. 248.)
  153. 1752.85.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Director of the Youth Authority may authorize sales of handiwork made by wards to the public at specified locations.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.85. The Director of the Youth Authority may authorize the sale of articles of handiwork made by wards under the jurisdiction of the authority to the public at Youth Authority institutions, in public buildings, at fairs, or on property operated by nonprofit associations. The cost of any state property used for the manufacture of articles shall be paid for out of funds received from the sale of the articles. The remainder of any funds received from the sale of the articles shall be placed in the ward’s trust account pursuant to Section 1752.8 of the Welfare and Institutions Code. (Added by Stats. 1969, Ch. 803.)
  154. 1752.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Youth Authority may lease land at its institutions to a nonprofit or eleemosynary corporation, but only with approval from the Director of General Services, and the lease must require a house of worship for wards and staff.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.9. The Department of the Youth Authority, with the approval of the Director of General Services, may lease land at any institution under its jurisdiction, at a nominal rental, to any nonprofit or eleemosynary corporation. The terms of the lease shall require the corporation to construct a house of worship on such land, and to maintain and operate the same primarily for the use of Youth Authority wards and staff. All work as an employee on such house of worship performed under contract or by day labor shall be subject to the provisions of Division 2, Part 7, of the Labor Code. (Amended by Stats. 1965, Ch. 371.)
  155. 1752.95.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The director may call county probation officers into conference, but no more than two meetings per calendar year.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1752.95. The director may, from time to time, and as often as occasion may require, but not to exceed two meetings in any one calendar year call into conference the probation officers of the several counties, or such of them as he may deem advisable, for the purpose of discussing the duties of their offices. The actual and necessary expenses of the probation officer incurred while traveling to and from and while attending the conferences shall be a county charge; provided, prior approval of the board of supervisors has been obtained. (Added by Stats. 1957, Ch. 1597.)
  156. 1753.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The department may use public or private facilities and agencies in the state to carry out its duties, and the director may make agreements with public officials for separate care and special treatment in existing institutions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1753. For the purpose of carrying out its duties, the department is authorized to make use of law enforcement, detention, probation, parole, medical, educational, correctional, segregative and other facilities, institutions and agencies, whether public or private, within the state. The director may enter into agreements with the appropriate public officials for separate care and special treatment in existing institutions of persons subject to the control of the department. (Amended by Stats. 1979, Ch. 860.)
  157. 1753.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Director of the Youth Authority may make agreements with federal agencies to use Youth Authority facilities and services for certain persons, and may send a person back if suitable facilities or services are unavailable.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1753.1. (a) The Director of the Youth Authority may enter into agreements with any federal agency authorizing the use of the Youth Authority’s facilities and services for the confinement, care and treatment of persons otherwise not under its jurisdiction when suitable facilities and services are available. The costs of the services provided by the Youth Authority shall be borne by the agency referring the person to the Director of the Youth Authority. The Director of the Youth Authority may order the person returned to the agency referring him when suitable facilities or services are not available. Any such person referred to the Youth Authority pursuant to this section shall be subject to its rules and regulations. (b) As used in this section, “person” means any person under the age of 26 years who is under the jurisdiction of a Federal Correctional Agency pursuant to federal law. (Added by Stats. 1972, Ch. 772.)
  158. 1753.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Director of the Youth Authority may make transfer agreements with local governments, and may transfer wards or parole violators to a local facility when an agreement is in effect; in some cases, placement may be denied.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1753.3. (a) The Director of the Youth Authority may enter into an agreement with a city, county, or city and county, to permit transfer of wards in the custody of the Director of the Youth Authority to an appropriate facility of the city, county, or city and county, if the official having jurisdiction over the facility has consented. The agreement shall provide for contributions to the city, county, or city and county toward payment of costs incurred with reference to the transferred wards. (b) When an agreement entered into pursuant to subdivision (a) is in effect with respect to a particular local facility, the Director of the Youth Authority may transfer wards and parole violators to the facility. (c) Notwithstanding subdivision (b), the Director of the Youth Authority may deny placement in a local facility to a parole violator who was committed to the Youth Authority for the commission of any offense set forth in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707. (d) Wards transferred to those facilities are subject to the rules and regulations of the facility in which they are confined, but remain under the legal custody of the Department of the Youth Authority. (Amended by Stats. 1994, Ch. 453, Sec. 17. Effective January 1, 1995.)
  159. 1753.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Director of the Youth Authority may make certain long-term agreements and lease arrangements, but agreement terms are capped at 20 years and a cost-per-ward limit must be met.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1753.4. (a) Pursuant to Section 1753.3 the Director of the Youth Authority may enter into a long-term agreement not to exceed 20 years with a city, county, or city and county to place parole violators in a facility which is specially designed and built for the incarceration of parole violators and state youth authority wards. (b) The agreement shall provide that persons providing security at the facilities shall be peace officers who have completed the minimum standards for the training of local correctional peace officers established under Section 6035 of the Penal Code. (c) In determining the reimbursement rate pursuant to an agreement entered into pursuant to subdivision (a), the director shall take into consideration the costs incurred by the city, county, or city and county for services and facilities provided, and any other factors which are necessary and appropriate to fix the obligations, responsibilities, and rights of the respective parties. (d) The Director of the Youth Authority, to the extent possible, shall select city, county, or city and county facilities in areas where medical, food, and other support services are available from nearby existing prison facilities. (e) The Director of the Youth Authority, with the approval of the Department of General Services, may enter into an agreement to lease state property for a period not in excess of 20 years to be used as the site for a facility operated by a city, county, or city and county authorized by this section. (f) No agreement may be entered into under this section unless the cost per ward in the facility is no greater than the average costs of keeping a ward in a comparable Youth Authority facility, as determined by the Director of the Youth Authority. (Added by Stats. 1987, Ch. 1450, Sec. 12.)
  160. 1753.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Youth Authority may reimburse the county for county hospital services for a ward’s newborn infant in a qualifying temporary-release situation.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1753.6. In any case in which a ward of the Youth Authority is temporarily released from actual confinement in an institution of the authority and placed in a county hospital for purposes of delivery of her child, the authority may reimburse the county for the actual cost of services rendered by the county hospital to the newborn infant of the ward. (Added by Stats. 1965, Ch. 1912.)
  161. 1753.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    Female confined in a Youth Authority facility may request menstrual, reproductive-health, birth control, information, and family-planning services, and the department must provide them as specified.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1753.7. (a) Any female confined in a Department of the Youth Authority facility shall, upon her request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician. (b) Any female confined in a Department of the Youth Authority facility shall upon her request be furnished by the department with information and education regarding prescription birth control measures. (c) Family planning services shall be offered to each and every female confined in a Department of Youth Authority facility at least 60 days prior to a scheduled release date. Upon request any such female shall be furnished by the department with the services of a licensed physician or she shall be furnished by the department or by any other agency which contracts with the department with services necessary to meet her family planning needs at the time of her release. (Amended by Stats. 1975, Ch. 1146.)
  162. 1754.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Youth Authority Board and director are not given control over existing facilities, cannot force them to act inconsistently with their functions or governing laws, cannot use private institutions without consent, and cannot pay private institutions for services public ones can perform.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1754. Nothing in this chapter shall be taken to give the Youth Authority Board or the director control over existing facilities, institutions or agencies; or to require them to serve the board or the director inconsistently with their functions, or with the authority of their officers, or with the laws and regulations governing their activities; or to give the board or the director power to make use of any private institution or agency without its consent; or to pay a private institution or agency for services which a public institution or agency is willing and able to perform. (Amended by Stats. 2003, Ch. 4, Sec. 30. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  163. 1755.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    Public institutions and agencies must accept and care for persons sent to them by the authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1755. Public institutions and agencies are hereby required to accept and care for persons sent to them by the authority in the same manner as they would be required to do had such persons been committed by a court of criminal jurisdiction. (Added by Stats. 1941, Ch. 937.)
  164. 1755.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Youth Authority or the Department of Corrections may authorize needed medical, surgical, or dental care for covered persons when recommended by the attending physician or dentist.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1755.3. Whenever any person under the jurisdiction of the Youth Authority, or any minor under the jurisdiction of the Department of Corrections, is in need of medical, surgical, or dental care, the Youth Authority or the Department of Corrections, as applicable, may authorize, upon the recommendation of the attending physician or dentist, as applicable, the performance of that necessary medical, surgical, or dental service. (Amended by Stats. 1998, Ch. 496, Sec. 1. Effective January 1, 1999.)
  165. 1755.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Department of the Youth Authority must adopt regulations setting standards and guidelines for administering psychotropic medications to people under its jurisdiction.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1755.4. The Department of the Youth Authority, in consultation with the State Department of Mental Health shall establish, by regulations adopted at the earliest possible date, but no later than December 31, 2001, standards and guidelines for the administration of psychotropic medications to any person under the jurisdiction of the Department of the Youth Authority, in a manner that protects the health and short- and long-term well-being of those persons. The standards and guidelines adopted pursuant to this section shall be consistent with the due process requirements set forth in Section 2600 of the Penal Code. (Added by Stats. 2000, Ch. 659, Sec. 3. Effective January 1, 2001.)
  166. 1755.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Department of the Youth Authority may transfer certain adults to specified correctional institutions or the California Rehabilitation Center for study, diagnosis, and treatment, and the Director of Corrections may receive and keep them there.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1755.5. The Department of the Youth Authority may transfer to and cause to be confined in the medical facility, the Correctional Training Facility at Soledad, the California Institution for Women at Corona, the Medical Correctional Institution, the California Institution for Men, the Richard J. Donovan Correctional Facility at Rock Mountain, or the California Men’s Colony under the jurisdiction of the Department of Corrections for general study, diagnosis, and treatment, or any of them, any person over the age of 18 years who is subject to the custody, control, and discipline of the Department of the Youth Authority who was committed to the Department of the Youth Authority under Section 1731.5. The Director of Corrections may receive and keep in any institution specified in this section any person so transferred to that institution by the Department of the Youth Authority, with the same powers as if the person had been placed therein or transferred thereto pursuant to the Penal Code. The Department of the Youth Authority may transfer to and cause to be confined in the California Rehabilitation Center for general study, diagnosis, and treatment, or any of them, any person over the age of 18 years who is subject to the custody, control and discipline of the Department of the Youth Authority. The Director of Corrections may receive and keep in the California Rehabilitation Center any person so transferred thereto by the Department of the Youth Authority, with the same powers as if the person had been placed therein or transferred thereto pursuant to Division 3 (commencing with Section 3000) of this code. Part 3 (commencing with Section 2000) of the Penal Code, so far as those provisions may be applicable, applies to persons so transferred to and confined in any institution specified in this section, except that, whenever by reason of any law governing the commitment of a person to the Department of the Youth Authority the person is deemed not to be a person convicted of a crime, the transfer or placement of the person in the California Rehabilitation Center shall not affect the status or rights of the person and shall not be deemed to constitute a conviction of a crime. (Amended by Stats. 1992, Ch. 209, Sec. 1. Effective January 1, 1993.)
  167. 1756.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The Chief Deputy Secretary must certify certain eligible youths for hospital treatment, and the department director may authorize their receipt; when hospital care is no longer beneficial, the Chief Deputy Secretary must promptly return the person to a state correctional school.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1756. Notwithstanding any other law, if, in the opinion of the Chief Deputy Secretary for the Division of Juvenile Justice, the rehabilitation of a person with a mental health disorder or a developmental disability who is confined in a state correctional school may be expedited by treatment at one of the state hospitals under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the Chief Deputy Secretary for the Division of Juvenile Justice shall certify that fact to the director of the appropriate department who may authorize receipt of the person at one of the hospitals for care and treatment. Upon notification from the director that the person will no longer benefit from further care and treatment in the state hospital, the Chief Deputy Secretary for the Division of Juvenile Justice shall immediately send for, take, and receive the person back into a state correctional school. A person placed in a state hospital under this section who is committed to the authority shall be released from the hospital upon termination of his or her commitment unless a petition for detention of that person is filed under the provisions of Part 1 (commencing with Section 5000) of Division 5. (Amended by Stats. 2014, Ch. 144, Sec. 58. (AB 1847) Effective January 1, 2015.)
  168. 1757.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    The director may inspect certain public and private institutions and agencies, and those institutions or agencies must give the director a reasonable opportunity to examine or consult with Youth Authority persons in their custody.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1757. The director may inspect all public institutions and agencies whose facilities he or she is authorized to utilize and all private institutions and agencies whose facilities he or she is using. Every institution or agency, whether public or private, is required to afford the director reasonable opportunity to examine or consult with persons committed to the Youth Authority who are for the time being in the custody of the institution or agency. (Amended by Stats. 2003, Ch. 4, Sec. 31. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  169. 1758.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    If the authority places a person in an outside institution or agency, or that institution or agency later discharges the person, the authority’s control over the person continues.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1758. Placement of a person by the authority in any institution or agency not operated by the authority, or the discharge of such person by such an institution or agency, shall not terminate the control of the authority over such person. (Added by Stats. 1941, Ch. 937.)
  170. 1759.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

    Verify source ↗

    An institution or agency may not release a person placed with it until the release is approved by the authority, unless it already has legal power to release court-committed persons on its own.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1759. No person placed in such an institution or under such an agency may be released by the institution or agency until after approval of the release by the authority, unless the institution or agency would have power under the law to release at its own discretion persons committed to it by order of a court. In the latter case, it may not release a person placed by the authority until a reasonable time after it has notified the authority of its intention to release him. (Added by Stats. 1941, Ch. 937.)
  171. 1760.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may set up and run detention, examination, confinement, treatment, supervision, training, and employment-assistance facilities when needed and when funds are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760. The director is hereby authorized when necessary and when funds are available for these purposes to establish and operate any of the following: (a) Places for the detention, prior to examination and study, of all persons committed to the Youth Authority. (b) Places for examination and study of persons committed to the Youth Authority. (c) Places of confinement, educational institutions, hospitals and other correctional or segregative facilities, institutions and agencies, for the proper execution of the duties of the Youth Authority. (d) Agencies and facilities for the supervision, training, and control of persons who have not been placed in confinement or who have been released from confinement by the Youth Authority Board upon conditions, and for aiding those persons to find employment and assistance. (e) Agencies and facilities designed to aid persons who have been discharged by the Youth Authority Board in finding employment and in leading a law-abiding existence. (Amended by Stats. 2003, Ch. 4, Sec. 32. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  172. 1760.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    Wards in Youth Authority forestry camps may be assigned to camp, land, road, firebreak, and firefighting work, and the department may authorize fire suppression and wage arrangements under stated conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.4. (a) The wards housed in forestry camps established by the Department of the Youth Authority may be required to labor on the buildings and grounds of the camp, on the making of forest roads for fire prevention or firefighting, on forestation or reforestation of public lands, or on the making of firetrails and firebreaks, or to perform any other work or engage in any studies or activities prescribed or permitted by the department or any officer designated by it. (b) The wards may be required to labor in fire suppression if all of the following conditions are met: (1) The ward is under the age of 18 years and the parent or guardian of the ward has given permission for that labor by the ward, or the ward is 18 years of age or over. (2) The ward has received not less than 16 hours of training in forest firefighting and fire safety. The department may, during declared fire emergencies, allow the Director of the Department of Forestry and Fire Protection to use the wards for fire suppression efforts outside of the boundaries of California, not to exceed a distance in excess of 25 miles from the California border, along the borders of Oregon, Nevada, or Arizona. (c) The department may provide, in cooperation with the Department of Parks and Recreation and the Department of Conservation or otherwise, for the payment of wages to the wards for work they do while housed on the camps, the sums earned to be paid in reparation, or to the parents or dependents of the ward, or to the ward in any manner and in any proportions as the Department of the Youth Authority directs. (Amended by Stats. 1989, Ch. 419, Sec. 2.)
  173. 1760.45.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Department of Corrections and Rehabilitation may contract with counties for Pine Grove programs, and it must set eligibility criteria and assess whether individuals can be placed there.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.45. The Department of Corrections and Rehabilitation is hereby authorized to enter into contracts with counties to meet the intent of the Legislature expressed in Senate Bill 823 (Chapter 337 of the Statutes of 2020) and Assembly Bill 145 (Chapter 80 of the Statutes of 2021) that the Pine Grove Youth Conservation Camp remain open through a state-local partnership, or other management arrangement, to train justice-involved youth in wildland firefighting skills. (a) The department may contract with one or more counties to furnish training and rehabilitation programs, and necessary services incident thereto, at Pine Grove, for persons 18 years of age and older who are under the jurisdiction of the juvenile court and supervision of a county probation department following adjudication under Section 602 for a felony offense. (b) Youth placed at Pine Grove pursuant to this section shall be required to comply with rules and regulations consistent with the contracts entered into by the department and participating counties. (c) Placement of a youth at Pine Grove shall not be considered a commitment to the Division of Juvenile Justice. (d) The department shall establish camp eligibility criteria and assess individual amenability for the initial and continued placement at Pine Grove. (Amended by Stats. 2022, Ch. 58, Sec. 44. (AB 200) Effective June 30, 2022.)
  174. 1760.46.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    Certain wards or youth hand crew members at Pine Grove Youth Conservation Camp must be paid $7.25 per hour while assigned to an active fire incident, and the wage rate must be reviewed annually.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.46. (a) A ward or youth hand crew member placed at the Pine Grove Youth Conservation Camp pursuant to Section 730, Section 875, or Section 1760.45 shall be paid an hourly wage equal to seven dollars and twenty-five cents ($7.25) while assigned to an active fire incident. The wage rate shall be reviewed annually. (b) The Department of Corrections and Rehabilitation shall maintain regulations regarding an administrative adjudication and remedy process for any disputes over sums owed pursuant to this section. (Added by Stats. 2025, Ch. 681, Sec. 3. (AB 247) Effective October 13, 2025.)
  175. 1760.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director may require committed persons to do work for certain agencies, may make contracts with approval, and must handle contract money and related wages as directed.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.5. The director may require persons committed to the authority to perform work necessary and proper to be done by the Department of Forestry and Fire Protection, the Department of Water Resources, the Department of Parks and Recreation, and the Department of Fish and Game, by the Division of State Lands, by the United States Department of Agriculture, and by the federal officials and departments in charge of national forests and parks within this state. For the purposes of this section, the director, with the approval of the Department of General Services, may enter into contracts with federal and state officials and departments. All moneys received by the director pursuant to any of those contracts shall be paid into the State Treasury to the credit and in augmentation of the current appropriation for the support of the authority. The director may provide, from those moneys, for the payment of wages to the wards for work they do pursuant to any of those contracts, the wages to be paid into the Indemnity Fund created pursuant to Section 13967 of the Government Code, or to the parents or dependents of the ward, or to the ward in the manner and in those proportions as the Department of the Youth Authority directs. (Amended by Stats. 1992, Ch. 427, Sec. 178. Effective January 1, 1993.)
  176. 1760.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The department may arrange payment of wages to wards for qualifying work, and direct how the earned sums are divided among reparation, parents or dependents, or the ward.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.6. The department may provide for the payment of wages to wards for work performed pursuant to Section 2816 of the Penal Code, the sums earned to be paid in reparation, or to the parents or dependents of the ward, or to the ward, in any manner and in any proportions that the department directs. (Repealed and added by Stats. 2008, Ch. 116, Sec. 5. Effective January 1, 2009.)
  177. 1760.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The director must investigate, examine, and report on adult and juvenile probation, and may set probation standards and advise specified probation and court bodies on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.7. The director shall investigate, examine, and make reports upon adult and juvenile probation. The director may establish standards for the performance of probation duties, and upon request consult with and make investigations and recommendations to probation officers, probation committees, juvenile justice commissions, and to judges of the superior courts, including such judges as are designated juvenile court judges of any county. The director may also, upon request, consult with, make investigations for, and recommendations to probation officers, probation committees, juvenile justice commissions, and to judges of the superior courts, including such judges as are designated juvenile court judges of any county, to aid them in the operation and maintenance of their juvenile halls. (Amended by Stats. 1970, Ch. 530.)
  178. 1760.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. )

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    The Department of the Youth Authority must annually prepare a population management and facilities master plan, and it may contract for related construction services in specified circumstances.

    ## Welfare and Institutions Code - WIC ## DIVISION 2.5. YOUTHS [1700 - 2202] ( Division 2.5 added by Stats. 1941, Ch. 937. ) ## CHAPTER 1. The Youth Authority [1700 - 1915] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 690. ) ## ARTICLE 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1760.8. (a) The Department of the Youth Authority shall annually develop a population management and facilities master plan presenting projected population and strategies for treatment and housing of wards for the succeeding five-year period. This plan shall set forth the department’s strategy for bridging the gap between available bedspace and the projected ward population. (b) The Department of the Youth Authority may contract with the Department of Corrections or the Office of Project Development and Management within the Department of General Services for professional and construction services related to the construction of facilities or renovation projects included in the Department of the Youth Authority’s 1994–99 master plan for which funds are appropriated by the Legislature. The Department of the Youth Authority shall be responsible for program planning and all design decisions. The Department of Corrections or the Department of General Services shall, in consultation with the Department of the Youth Authority, ensure that all facilities are designed and constructed specifically for the needs of the youthful offender population. The Department of the Youth Authority also shall ensure that the design and construction of any facilities are consistent with the mission of the Department of the Youth Authority, which emphasizes the protection of the public from criminal activity and the rehabilitation of youthful offenders by providing education, training, and treatment services for those offenders committed by the courts. Any power, function, or jurisdiction for planning, design, and construction of facilities or renovation projects pursuant to the 1994–99 master plan that is conferred upon the Department of General Services shall be deemed to be conferred upon the Department of Corrections for purposes of this section. The Director of the Department of General Services may, upon the request of the Director of the Department of Corrections, delegate to the Department of Corrections any power, function, or jurisdiction for planning, design, and construction of any additional projects included within subsequent Department of the Youth Authority master plans. (Amended by Stats. 2012, Ch. 728, Sec. 188. (SB 71) Effective January 1, 2013.)
  179. 17600.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    This section creates the Local Revenue Fund and sets out its accounts and subaccounts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17600. (a) There is hereby created the Local Revenue Fund, which shall consist of the following accounts: (1) The Sales Tax Account. (2) The Vehicle License Fee Account. (3) The Vehicle License Collection Account. (4) The Sales Tax Growth Account. (5) The Vehicle License Fee Growth Account. (b) The Sales Tax Account shall have all of the following subaccounts: (1) The Mental Health Subaccount. (2) The Social Services Subaccount. (3) The Health Subaccount. (4) The CalWORKs Maintenance of Effort Subaccount. (5) The Family Support Subaccount. (6) The Child Poverty and Family Supplemental Support Subaccount. (7) The County Medical Services Program Subaccount. (c) The Vehicle License Fee Account shall have all of the following subaccounts: (1) The Mental Health Subaccount. (2) The Social Services Subaccount. (3) The Health Subaccount. (4) The CalWORKs Maintenance of Effort Subaccount. (5) The Family Support Subaccount. (6) The Child Poverty and Family Supplemental Support Subaccount. (7) The County Medical Services Program Subaccount. (d) The Sales Tax Growth Account shall have all of the following subaccounts: (1) The Caseload Subaccount. (2) The County Medical Services Program Growth Subaccount. (3) The General Growth Subaccount. (e) The Vehicle License Fee Growth Account shall have all of the following subaccounts: (1) The County Medical Services Program Growth Subaccount. (2) The General Growth Subaccount. (f) Notwithstanding Section 13340 of the Government Code, the Local Revenue Fund is hereby continuously appropriated, without regard to fiscal years, for the purpose of this chapter. (g) Moneys in the Local Revenue Fund shall be invested in the Surplus Money Investment Fund and all interest earned shall be distributed in January and July among the accounts and subaccounts in proportion to the amounts deposited into each subaccount. (h) This section shall be operative on August 1, 2015. (Repealed (in Sec. 30) and added by Stats. 2015, Ch. 20, Sec. 31. (SB 79) Effective June 24, 2015. Section operative August 1, 2015, by its own provisions.)
  180. 17600.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Counties, city and counties, and cities that receive funds under this chapter must establish and maintain specified local health and welfare trust funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17600.10. (a) Each county and city and county receiving sales tax and vehicle license fee funds in accordance with this chapter shall establish and maintain a local health and welfare trust fund comprised of the following accounts: (1) The mental health account. (2) The social services account. (3) The health account. (4) The CalWORKs Maintenance of Effort Subaccount. (5) The family support account. (b) Each city receiving funds in accordance with this chapter shall establish and maintain a local health and welfare trust fund comprised of a health account and a mental health account. (Amended by Stats. 2015, Ch. 20, Sec. 32. (SB 79) Effective June 24, 2015.)
  181. 17600.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must distribute Local Revenue Fund sales tax proceeds into specified subaccounts, following the fiscal-year rules in this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17600.15. (a) Of the sales tax proceeds from revenues collected in the 1991–92 fiscal year that are deposited to the credit of the Local Revenue Fund, 51.91 percent shall be credited to the Mental Health Subaccount, 36.17 percent shall be credited to the Social Services Subaccount, and 11.92 percent shall be credited to the Health Subaccount of the Sales Tax Account. (b) For the 1992–93 fiscal year to the 2011–12 fiscal year, inclusive, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make monthly deposits to the Mental Health Subaccount, the Social Services Subaccount, and the Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ mental health accounts, social services accounts, and health accounts, respectively, of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. Any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. (c) (1) For the 2012–13 fiscal year, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make monthly deposits to the Social Services Subaccount and the Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ social services accounts and health accounts, respectively, of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. (2) For the 2012–13 fiscal year, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make monthly deposits to the Mental Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25, of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (3) Any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the allocations required by paragraphs (1) and (2) are made shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. (d) (1) For the 2013–14 fiscal year, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make monthly deposits pursuant to a schedule provided by the Department of Finance, which shall provide deposits to the Social Services Subaccount and the Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ social services accounts and health accounts, respectively, of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. (2) For the 2013–14 fiscal year, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make monthly deposits to the Mental Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25, of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (3) Any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the allocations required by paragraphs (1) and (2) are made shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. (4) On a monthly basis, pursuant to a schedule provided by the Department of Finance, the Controller shall transfer funds from the Social Services Subaccount to the Health Subaccount in an amount that shall not exceed three hundred million dollars ($300,000,000) for the 2013–14 fiscal year. The funds so transferred shall not be used in calculating future year deposits to the Social Services Subaccount or the Health Subaccount. (e) For the 2014–15 fiscal year through the 2016–17 fiscal year, except as specified in paragraph (5), of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make the following monthly deposits: (1) To the Social Services Subaccount of the Sales Tax Account, until the deposits equal the total amount that was deposited to the Social Services Subaccount in the prior fiscal year pursuant to this section, in addition to the amounts that were allocated to the social services accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Growth Account. (2) To the Health Subaccount of the Sales Tax Account, until the deposits equal the total amount that was deposited to the Health Subaccount in the prior year from the Sales Tax Account in addition to the amounts that were allocated to the health accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Growth Account. (3) To the Child Poverty and Family Supplemental Support Subaccount until the deposits equal the amounts that were deposited in the prior fiscal year from the Sales Tax Account and the Sales Tax Growth Account. (4) To the Mental Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25 of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (5) (A) Any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the allocations required by paragraphs (1) to (4), inclusive, are made shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. This subparagraph shall only apply to allocations made for the 2014–15 fiscal year. (B) For the 2015–16 fiscal year and the 2016–17 fiscal year, any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the allocations required by paragraphs (1) to (4), inclusive, and subdivision (h) are made shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. (6) For the 2014–15 fiscal year, on a monthly basis, pursuant to a schedule provided by the Department of Finance, the Controller shall transfer funds from the Social Services Subaccount to the Health Subaccount in an amount that shall not exceed one billion dollars ($1,000,000,000). The transfer schedule shall be based on the amounts that each county is receiving in vehicle license fees pursuant to this chapter. The funds so transferred shall not be used in calculating future year deposits to the Social Services Subaccount or the Health Subaccount. (f) For the 2017–18 and 2018–19 fiscal years, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make the following monthly deposits pursuant to a schedule developed by the Department of Finance: (1) To the Health Subaccount of the Sales Tax Account, until the deposits equal the total amount that was deposited to the Health Subaccount in the prior year from the Sales Tax Account in addition to the amounts that were allocated to the health accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Growth Account. (2) To the Mental Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25 of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (3) To the Social Services Subaccount of the Sales Tax Account, until the deposits equal the sum of the following: (A) The total amount that was deposited to the Social Services Subaccount in the prior fiscal year pursuant to this section, in addition to the amounts that were allocated to the social services accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Growth Account. (B) The increased amount of the County IHSS MOE for the current fiscal year pursuant to Sections 12306.16 and 12306.17 as determined by July 1 of that fiscal year over the County IHSS MOE for the prior fiscal year subject to the determination made in subdivision (g). (4) To the Child Poverty and Family Supplemental Support Subaccount until the deposits equal the amounts that were deposited in the prior fiscal year from the Sales Tax Account and the Sales Tax Growth Account. (5) Any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the allocations required by paragraphs (1) to (4), inclusive, and subdivision (h) are made shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. (g) On or before January 10 and on or before May 14, the Department of Finance shall do all of the following: (1) Estimate the amount of sales tax revenues to be received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code to be received in the current fiscal year compared to the total amount of sales tax revenues necessary to fully fund the current fiscal year bases of the County Medical Services Program Subaccount, as determined by paragraph (2) of subdivision (h), and the Health Subaccount, the Mental Health Subaccount, the Social Services Subaccount, and the Child Poverty and Family Supplemental Support Subaccount of the Sales Tax Account as determined in paragraphs (1), (2), and (4) of, and subparagraph (A) of paragraph (3) of, subdivision (f). (2) If it is determined pursuant to paragraph (1) that there will be sufficient sales tax revenues in the current fiscal year to fully fund the current fiscal year bases, then the schedule developed by the Department of Finance pursuant to subdivision (f) will fund on a monthly basis as much of the increased Social Services Subaccount base identified in subparagraph (B) of paragraph (3) of subdivision (f) as the excess sales tax revenues will permit. (3) If it is determined pursuant to paragraph (1) that there will be insufficient sales tax revenues in the current fiscal year to fully fund the current fiscal year bases, then the schedule developed by the Department of Finance pursuant to subdivision (f) will not fund the increased Social Services Subaccount base identified in subparagraph (B) of paragraph (3) of subdivision (f), and shall ensure that the County Medical Program Services Subaccount, the Health Subaccount, the Mental Health Subaccount, the Social Services Subaccount, and the Child Poverty and Family Supplemental Support Subaccount of the Sales Tax Account shall receive sales tax revenues proportionate to their current year bases as determined by paragraph (2) of subdivision (h) and paragraphs (1), (2), and (4) of, and subparagraph (A) of paragraph (3) of, subdivision (f). (4) In no fiscal year where there is sufficient sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code to fully fund the bases of the County Medical Services Program Subaccount as determined by paragraph (2) of subdivision (h), and the Health Subaccount, the Mental Health Subaccount, the Social Services Subaccount, and the Child Poverty and Family Supplemental Support Subaccount, of the Sales Tax Account, as determined by paragraphs (1), (2), and (4) of, and subparagraph (A) of paragraph (3) of, subdivision (f), shall those subaccounts receive less than those amounts. (5) Sales tax revenues allocated pursuant to this subdivision each fiscal year shall be adjusted by the Department of Finance, pursuant to a schedule provided to the Controller, in consultation with the California State Association of Counties, as needed but no later than August 30 of each year, to reflect the actual sales tax revenues received for that fiscal year. (6) This subdivision shall only be operative for the 2017–18 and 2018–19 fiscal years. (h) For the 2019–20 fiscal year and for every fiscal year thereafter, of the sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make the following monthly deposits pursuant to a schedule developed by the Department of Finance: (1) To the Health Subaccount of the Sales Tax Account, until the deposits equal the total amount that was deposited to the Health Subaccount in the prior fiscal year from the Sales Tax Account in addition to the amounts that were allocated to the health accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Growth Account. (2) To the Mental Health Subaccount of the Sales Tax Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25 of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Account and the Sales Tax Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (3) To the Social Services Subaccount of the Sales Tax Account, until the deposits equal the total amount that was deposited to the Social Services Subaccount in the prior fiscal year from the prior fiscal year from the Sales Tax Account, in addition to the amounts that were allocated to the social services accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Sales Tax Growth Account. (4) To the Child Poverty and Family Supplemental Support Subaccount until the deposits equal the amounts that were deposited in the prior fiscal year from the Sales Tax Account and the Sales Tax Growth Account. (5) Any excess sales tax revenues received pursuant to Sections 6051.2 and 6201.2 of the Revenue and Taxation Code after the allocations required by paragraphs (1) to (4), inclusive, are made shall be deposited in the Sales Tax Growth Account of the Local Revenue Fund. (i) (1) For the 2015–16 fiscal year, the allocations to the County Medical Services Program Subaccount shall equal the amounts received in the prior fiscal year by the County Medical Services Program from the Sales Tax Account and the County Medical Services Program Subaccount of the Sales Tax Growth Account of the Local Revenue Fund, as adjusted by the calculations required under subdivision (a) of Section 17600.50. (2) For the 2016–17 fiscal year and for every fiscal year thereafter, the allocations to the County Medical Services Program Subaccount shall equal the amounts received in the prior fiscal year by the County Medical Services Program Subaccount of the Sales Tax Account and the County Medical Services Program Growth Subaccount of the Sales Tax Growth Account of the Local Revenue Fund, as adjusted by the calculations required under subdivision (a) of Section 17600.50. (Amended by Stats. 2019, Ch. 27, Sec. 108. (SB 80) Effective June 27, 2019.)
  182. 17600.20.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Certain counties and cities may move limited amounts of money among local health and welfare trust fund accounts, but some transfers require documentation and reporting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17600.20. (a) Excluding funds allocated to the CalWORKs Maintenance of Effort Subaccount and the family support account, any county, city, or city and county may reallocate money among accounts in the local health and welfare trust fund, not to exceed 10 percent of the amount deposited in the account from which the funds are reallocated for that fiscal year. (b) After depositing funds to the social services account allocated to a county or city and county pursuant to Section 17605 and after reallocating funds from both the health account and mental health account of the local health and welfare trust fund under subdivision (a), a county may reallocate up to an additional 10 percent of the money from the health account to the social services account in the 1992–93 fiscal year and fiscal years thereafter, for caseload increases for mandated social services programs listed in paragraph (2) of subdivision (b) of Section 17605 in excess of revenue growth in the social services account. (c) (1) A county, city, or city and county shall, at a regularly scheduled public hearing of its governing body, document that any decision to make any substantial change in its allocation of mental health, social services, or health trust fund moneys among services, facilities, programs, or providers as a result of reallocating funds pursuant to subdivision (a), (b), or (d) was based on the most cost-effective use of available resources to maximize client outcomes. (2) Any county or city and county that reallocates funds pursuant to subdivision (b) shall document, at a regularly scheduled public hearing of the board of supervisors, that the net social services caseload has increased beyond the revenue growth in the social services account. (3) Any county, city, or city and county that is required to document any reallocation of funds pursuant to paragraphs (1) and (2) shall forward a copy of the documentation to the Controller. The Controller shall make copies of the documentation available to the Legislature and to other interested parties, upon request. (d) In addition to subdivision (a), a county or city and county may reallocate up to an additional 10 percent of the money from the social services account to the mental health account or the health account in the 1993–94 fiscal year and fiscal years thereafter when there exist in the social services account revenues in excess of the amount necessary to fund mandated caseload costs, pursuant to paragraph (2) of subdivision (b) of Section 17605, as determined by the county board of supervisors, as a result of implementation of personal care services or other program changes. (Amended by Stats. 2013, Ch. 24, Sec. 8. (AB 85) Effective June 27, 2013.)
  183. 17600.50.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    This section sets how certain counties and the County Medical Services Program must calculate and pay amounts to the Family Support Subaccount, including required resolutions and percentage formulas.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17600.50. (a) For fiscal years prior to the 2019–20 fiscal year, a county that participated in the County Medical Services Program in the 2011–12 fiscal year, including the Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Modoc, Mono, Napa, Nevada, Plumas, San Benito, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Tuolumne, and Yuba and the Governing Board of the County Medical Services Program, shall adopt resolutions by January 22, 2014, that confirm acceptance for the following approach to determining payments to the Family Support Subaccount: (1) The amount of payments to the Family Support Subaccount shall be equal to 60 percent of the sum of the following: (A) The 1991 health realignment funds that would have otherwise been allocated to the counties listed in this subdivision pursuant to Section 17603 and the maintenance of effort in subdivision (a) of Section 17608.10 for these counties, as those sections read on January 1, 2012, Sections 17604 and 17606.20, as those sections read on August 1, 2017, and Section 17606.10, as it read on July 1, 2013. (B) The 1991 health realignment funds that would have otherwise been allocated to the County Medical Services Program pursuant to Sections 17603 and 17605.07, as those sections read on January 1, 2012, and Sections 17604 and 17606.20, as those sections read on August 1, 2017. (2) The payment computed in paragraph (1) shall be achieved through the following: (A) Each county listed in this subdivision shall pay the amounts otherwise payable to the County Medical Services Program pursuant to paragraph (2) of subdivision (j) of Section 16809 to the Family Support Subaccount. (B) The County Medical Services Program shall pay the difference between the total computed in paragraph (1) and the amount calculated in subparagraph (A) from funds provided pursuant to this code. (b) For the 2019–20 fiscal year and each fiscal year thereafter, until the Department of Finance determines that the total reserves of the County Medical Services Program are projected to fall below an amount totaling two fiscal years of total expenditures pursuant to paragraph (1) of subdivision (c), payments to the Family Support Subaccount shall be equal to the sum of the following: (1) (A) For the Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Modoc, Mono, Napa, Nevada, Plumas, San Benito, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Tuolumne, and Yuba the amount otherwise payable to the County Medical Services Program pursuant to paragraph (2) of subdivision (j) of Section 16809. (B) For the County of Yolo, the amount otherwise payable to the County Medical Services Program pursuant to subparagraph (A) of paragraph (3) of subdivision (j) of Section 16809. (2) The 1991 health realignment funds that would have otherwise been allocated to the governing board of the County Medical Services Program pursuant to Sections 17603 and 17605.07, as those sections read on January 1, 2012, Section 17604, as it read on August 1, 2017, and Section 17606.20, as it read on August 1, 2019. (c) (1) The payment computed in subdivision (b) shall become inoperative for the fiscal year immediately following the determination of the Department of Finance that the total reserves of the County Medical Services Program are projected to fall below an amount totaling two fiscal years of total expenditures. (2) Beginning the fiscal year immediately following the Department of Finance’s determination pursuant to paragraph (1), and each fiscal year thereafter, for a county that participated in the County Medical Services Program in the 2019–20 fiscal year, including the Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Modoc, Mono, Napa, Nevada, Plumas, San Benito, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba, and for the governing board of the County Medical Services Program, the following approach shall be utilized to determine payments to the Family Support Subaccount: (A) The amount of payments to the Family Support Subaccount shall be equal to 60 percent of the sum of the following: (i) The 1991 health realignment funds that would have otherwise been allocated to the counties listed in this subdivision pursuant to Section 17603 and the maintenance of effort in subdivision (a) of Section 17608.10 for these counties, as those sections read on January 1, 2012, Sections 17604 and 17606.20, as those sections read on August 1, 2017, and Section 17606.10, as it read on July 1, 2013. (ii) The 1991 health realignment funds that would have otherwise been allocated to the County Medical Services Program pursuant to Sections 17603 and 17605.07, as those sections read on January 1, 2012, and Sections 17604 and 17606.20, as those sections read on August 1, 2017. (3) The payment computed in paragraph (2) shall be achieved through the following: (A) Each county listed in paragraph (2) shall pay the amounts otherwise payable to the County Medical Services Program pursuant to paragraphs (2) and (3) of subdivision (j) of Section 16809 to the Family Support Subaccount. (B) The County Medical Services Program shall pay the difference between the total computed in paragraph (2) and the amount calculated in subparagraph (A) from funds provided pursuant to this code. (d) The Counties of Fresno, Merced, Orange, Placer, Sacramento, San Diego, San Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, and Yolo shall each tentatively inform the state by November 1, 2013, which of the following options it selects for determining its payments to the Family Support Subaccount. On or before January 22, 2014, the board of supervisors of each county and city and county may adopt a resolution informing the state of the county’s or city and county’s final selection of the option for determining its payments to the Family Support Subaccount: (1) The formula detailed in Article 13 (commencing with Section 17613.1). (2) (A) A calculation of 60 percent of the total of 1991 health realignment funds that would have otherwise been allocated to that county or city and county pursuant to Section 17603, as it read on January 1, 2012, Sections 17604 and 17606.20, as those sections read on August 1, 2017, and Section 17606.10, as it read on July 1, 2013, and 60 percent of the maintenance of effort in subdivision (a) of Section 17608.10, as it read on January 1, 2012. (B) If a county’s maintenance of effort in subdivision (a) of Section 17608.10 is greater than 14.6 percent of the total value of the county’s 2010–11 allocation pursuant to Sections 17603, 17604, 17606.10, and 17606.20 and subdivision (a) of Section 17608.10, the value of the maintenance of effort used in the calculation in subparagraph (A) shall be limited to 14.6 percent. (e) The Counties of Alameda, Contra Costa, Kern, Los Angeles, Monterey, Riverside, San Bernardino, San Francisco, San Joaquin, San Mateo, Santa Clara, and Ventura shall each tentatively inform the state by November 1, 2013, which of the following options it selects for determining its payments to the Family Support Subaccount. On or before January 22, 2014, the board of supervisors of each county and city and county may adopt a resolution informing the state of the county’s or city and county’s final selection of the option for determining its payments to the Family Support Subaccount: (1) The formula detailed in Article 12 (commencing with Section 17612.1). (2) (A) A calculation of 60 percent of the total of 1991 health realignment funds that would have otherwise been allocated to that county or city and county pursuant to Section 17603, as it read on January 1, 2012, Sections 17604 and 17606.20, as those sections read on August 1, 2017, and Section 17606.10, as it read on July 1, 2013, and 60 percent of the maintenance of effort in subdivision (a) of Section 17608.10, as it read on January 1, 2012. (B) If a county’s maintenance of effort in subdivision (a) of Section 17608.10 is greater than 25.9 percent of the total value of the county’s 2010–11 fiscal year allocation pursuant to Sections 17603, 17604, 17606.10, and 17606.20, and subdivision (a) of Section 17608.10, the value of the maintenance of effort used in the calculation in subparagraph (A) shall be limited to 25.9 percent. (f) (1) If the board of supervisors of a county or city and county fails to adopt a resolution pursuant to subdivision (b) or (c), as applicable, or fails to inform the Director of Health Care Services of the city and county’s or county’s final selection, by January 22, 2014, the calculation shall be 62.5 percent of the total of 1991 health realignment funds that would have otherwise been allocated to that county or city and county pursuant to Sections 17603, 17604, and 17606.20, as those sections read on January 1, 2012, and Section 17606.10, as it read on July 1, 2013, and 62.5 percent of the maintenance of effort in subdivision (a) of Section 17608.10, as it read on January 1, 2012. (2) If the County Medical Services Program governing board or the board of supervisors of a county that participates in the County Medical Services Program fails to adopt a resolution pursuant to subdivision (a), or fails to inform the Director of Health Care Services of the county’s final selection, by January 22, 2014, then paragraphs (1) and (2) of subdivision (a) apply to the applicable counties and to the County Medical Services Program. (Amended by Stats. 2020, Ch. 370, Sec. 290. (SB 1371) Effective January 1, 2021.)
  184. 17600.60.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    This section creates the County Health Care Funding Resolution Committee and gives it authority to review certain funding calculations and petitions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 1. Funding Allocations [17600 - 17600.60] ( Article 1 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17600.60. (a) The County Health Care Funding Resolution Committee is hereby created to do all of the following: (1) Determine whether the calculation of the historical percentage or amount to be applied in calculations in Sections 17612.3 and 17613.3 complies with those sections, taking into account the data and calculations provided by the county and any alternative data and calculations submitted by the department. (2) Hear and determine petitions from certain counties, as defined, to make particularized changes in what provisions of Section 17600.50 are controlling. (3) Hear and determine petitions for an alternative cost calculation to the cost per person calculation in subdivision (c) of Section 17613.2. (b) The committee shall consist of the following members: (1) One person selected by the California State Association of Counties. (2) One person selected by the State Department of Health Care Services. (3) One person selected by the Director of Finance. (c) (1) The committee is not subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and shall be exempt from 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 of Finance shall provide staff for the committee. (2) Pursuant to paragraph (2) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature finds and declares that the public interest in affordable and accessible health care outweighs the public interest in access to these proceedings. (d) (1) A county or city and county, that chose to be subject to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c) of Section 17600.50 may submit a petition to the committee to be subject to paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) of Section 17600.50, as applicable, if the county or city and county demonstrates and provides sufficient evidence of both of the following criteria: (A) There have been changes in expenditures related to state and federal law, regulation and rulemaking, or court decisions that have a material impact on the provision of health care services to indigent adults. (B) All of the data necessary to participate in Article 12 (commencing with Section 17612.1) or Article 13 (commencing with Section 17613.1), as appropriate. (2) The form of petition shall be determined by the committee by January 31, 2014. (3) If the committee approves the petition the county or city and county shall be subject to paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) of Section 17600.50, as applicable, at the start of the next fiscal year. (e) (1) A county that chose to be subject to Article 13 (commencing with Section 17613.1) may submit a petition to the committee for an alternative cost calculation to the cost per person calculation in subdivision (c) of Section 17613.2 with the documentation of extraordinary circumstances, including circumstances related to the local health care marketplace, provider, and provider contracts. (2) The county shall submit all necessary data to support its submission. (f) The committee shall make decisions within 45 days of hearing any petition. (Amended by Stats. 2013, Ch. 358, Sec. 9. (SB 98) Effective September 26, 2013.)
  185. 17601.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must make monthly mental health fund allocations, counties must make required reimbursements or forwards, and the Controller may withhold allocations if a county does not comply.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17601. On or before the 27th day of each month, the Controller shall allocate to the mental health account of each local health and welfare trust fund the amounts deposited and remaining unexpended and unreserved on the 15th day of the month in the Mental Health Subaccount of the Sales Tax Account in the Local Revenue Fund in accordance with the following schedules: (a) (1) Schedule A—State Hospital and Community Mental Health Allocations. Allocation Jurisdiction Percentage Alameda ........................ 4.882 Alpine ........................ 0.018 Amador ........................ 0.070 Butte ........................ 0.548 Calaveras ........................ 0.082 Colusa ........................ 0.073 Contra Costa ........................ 2.216 Del Norte ........................ 0.088 El Dorado ........................ 0.285 Fresno ........................ 2.045 Glenn ........................ 0.080 Humboldt ........................ 0.465 Imperial ........................ 0.342 Inyo ........................ 0.104 Kern ........................ 1.551 Kings ........................ 0.293 Lake ........................ 0.167 Lassen ........................ 0.087 Los Angeles ........................ 28.968 Madera ........................ 0.231 Marin ........................ 0.940 Mariposa ........................ 0.054 Mendocino ........................ 0.332 Merced ........................ 0.546 Modoc ........................ 0.048 Mono ........................ 0.042 Monterey ........................ 0.950 Napa ........................ 0.495 Nevada ........................ 0.191 Orange ........................ 4.868 Placer ........................ 0.391 Plumas ........................ 0.068 Riverside ........................ 2.394 Sacramento ........................ 3.069 San Benito ........................ 0.090 San Bernardino ........................ 3.193 San Diego ........................ 5.603 San Francisco ........................ 4.621 San Joaquin ........................ 1.655 San Luis Obispo ........................ 0.499 San Mateo ........................ 2.262 Santa Barbara ........................ 0.949 Santa Clara ........................ 4.112 Santa Cruz ........................ 0.558 Shasta ........................ 0.464 Sierra ........................ 0.026 Siskiyou ........................ 0.137 Solano ........................ 1.027 Sonoma ........................ 1.068 Stanislaus ........................ 1.034 Sutter/Yuba ........................ 0.420 Tehama ........................ 0.181 Trinity ........................ 0.055 Tulare ........................ 0.941 Tuolumne ........................ 0.121 Ventura ........................ 1.472 Yolo ........................ 0.470 Berkeley ........................ 0.190 Tri-City ........................ 0.165 The amounts allocated in accordance with Schedule A for the 1991–92 fiscal year shall be considered the base allocations for the 1992–93 fiscal year. (2) The funds allocated pursuant to Schedule B shall be increased to reflect the addition of percentages for the institutions for mental disease allocation pursuant to paragraph (1) of subdivision (c). (3) The Controller shall allocate three million seven hundred thousand dollars ($3,700,000) to the counties pursuant to a percentage schedule developed by the Director of Health Care Services as specified in subdivision (c) of Section 4095. The funds allocated pursuant to Schedule A shall be increased to reflect the addition of this schedule. (4) (A) The State Department of Health Care Services may amend Schedule A in order to restore counties funds associated with multicounty regional programs. (B) Notwithstanding any other provision of law, the State Department of Health Care Services shall amend Schedule A for the purpose of establishing mental health base allocations for each county for the 1994–95 fiscal year and fiscal years thereafter, in order to ensure that mental health base allocations for each county do not fall below 75 percent of the allocations for the 1989–90 fiscal year. The money specified in subdivision (c) of former Section 17605.05 shall be used for this purpose. (b) (1) Schedule B—State Hospital Payment Schedule. From the amounts allocated in accordance with Schedule A, each county and city shall reimburse the Controller for reimbursement to the State Department of Mental Health, or its successor, the State Department of State Hospitals, for the 1991–92 fiscal year only, an amount equal to one-ninth of the amount identified in Schedule B as modified to reflect adjustments pursuant to paragraph (2) of subdivision (a) of Section 4330, subparagraph (C) of paragraph (1) of subdivision (b) of, and subparagraph (B) of paragraph (2) of subdivision (c) of, Section 1370 of the Penal Code, and subparagraph (C) of paragraph (3) of subdivision (a) of, and subdivision (f) of, Section 1372 of the Penal Code. The reimbursements shall be due the 24th day of each month and the first payment shall be due on October 24, 1991. During the 1992–93 fiscal year and fiscal years thereafter, each monthly reimbursement shall be one-twelfth of the total amount of the county’s contract with the State Department of Mental Health, or its successor, the State Department of State Hospitals, for state hospital services. If a county has not contracted with the State Department of State Hospitals by July 1 of any given fiscal year, each monthly reimbursement shall be an amount equal to one-twelfth the number of beds provided to the county the previous fiscal year multiplied by the current state rate as determined by the State Department of State Hospitals. First Year State Hospital Jurisdiction Withholding Alameda ........................ $ 15,636,372 Berkeley City ........................ 0 Alpine ........................ 95,379 Amador ........................ 148,915 Butte ........................ 650,238 Calaveras ........................ 100,316 Colusa ........................ 189,718 Contra Costa ........................ 8,893,339 Del Norte ........................ 94,859 El Dorado ........................ 236,757 Fresno ........................ 1,429,379 Glenn ........................ 51,977 Humboldt ........................ 727,684 Imperial ........................ 259,887 Inyo ........................ 363,842 Kern ........................ 4,024,613 Kings ........................ 266,904 Lake ........................ 292,373 Lassen ........................ 167,367 Los Angeles ........................ 102,458,700 Tri-City ........................ 0 Madera ........................ 131,243 Marin ........................ 3,248,590 Mariposa ........................ 117,989 Mendocino ........................ 471,955 Merced ........................ 404,125 Modoc ........................ 94,859 Mono ........................ 94,859 Monterey ........................ 2,079,097 Napa ........................ 2,338,985 Nevada ........................ 493,786 Orange ........................ 14,066,133 Placer ........................ 847,232 Plumas ........................ 130,463 Riverside ........................ 4,891,077 Sacramento ........................ 4,547,506 San Benito ........................ 259,887 San Bernardino ........................ 5,587,574 San Diego ........................ 6,734,976 San Francisco ........................ 23,615,688 San Joaquin ........................ 927,018 San Luis Obispo ........................ 719,887 San Mateo ........................ 6,497,179 Santa Barbara ........................ 2,168,758 Santa Clara ........................ 7,106,095 Santa Cruz ........................ 1,403,391 Shasta ........................ 1,169,492 Sierra ........................ 94,859 Siskiyou ........................ 129,944 Solano ........................ 5,332,885 Sonoma ........................ 2,669,041 Stanislaus ........................ 1,740,205 Sutter/Yuba ........................ 363,842 Tehama ........................ 363,842 Trinity ........................ 94,859 Tulare ........................ 675,707 Tuolumne ........................ 304,328 Ventura ........................ 3,378,533 Yolo ........................ 1,169,492 (2) (A) (i) During the 1992–93 fiscal year, in lieu of making the reimbursement required by paragraph (1), a county may elect to authorize the Controller to reimburse the State Hospital Account of the Mental Health Facilities Fund a pro rata share each month computed by multiplying the ratio of the reimbursement amount owed by the county as specified in Schedule B to the total amount of money projected to be allocated to the county pursuant to Schedule A by the funds available for deposit in the mental health account of the county’s health and welfare trust fund. (ii) The reimbursement shall be made monthly on the same day the Controller allocates funds to the local health and welfare trust funds. (B) During the 1992–93 fiscal year and thereafter, the amount to be reimbursed each month shall be computed by multiplying the ratio of the county’s contract for state hospital services to the amount of money projected to be allocated to the county pursuant to Schedule A by the funds available for deposit in the mental health account of the county’s health and welfare trust fund. (C) All reimbursements, deposits, and transfers made to the Mental Health Facilities Fund pursuant to a county election shall be deemed to be deposits to the local health and welfare trust fund. (3) (A) Counties shall notify the Controller, in writing, by October 15, 1991, upon making the election pursuant to paragraph (2). The election shall be binding for the fiscal year. The pro rata share of allocations made prior to the election by the county shall be withheld from allocations in subsequent months until paid. (B) For the 1992–93 fiscal year and fiscal years thereafter, counties shall notify the Controller, in writing, by July 1 of the fiscal year for which the election is made, upon making the election pursuant to paragraph (2). (4) Regardless of the reimbursement option elected by a county, no county shall be required to reimburse the Mental Health Facilities Fund by an amount greater than the amount identified in Schedule B as modified to reflect adjustments pursuant to paragraph (2) of subdivision (a) of Section 4330. (c) (1) For the 1991–92 fiscal year, the Controller shall distribute monthly beginning in October from the Mental Health Subaccount of the Sales Tax Account of the Local Revenue Fund to the mental health account of each local health and welfare trust fund one-ninth of the amount allocated to the county in accordance with the institutions for mental disease allocation schedule established by the State Department of Mental Health. (2) Each county shall forward to the Controller, monthly, an amount equal to one-ninth of the amount identified in the schedule established by the State Department of Mental Health. The reimbursements shall be due by the 24th day of the month to which they apply, and the first payment shall be due October 24, 1991. These amounts shall be deposited in the Institutions for Mental Disease Account in the Mental Health Facilities Fund. (3) (A) (i) During the 1991–92 fiscal year, in lieu of making the reimbursement required by paragraph (1), a county may elect to authorize the Controller to reimburse the Institutions for Mental Disease Account of the Mental Health Facilities Fund a pro rata share each month computed by multiplying the ratio of the reimbursement amount owed by the county as specified in Schedule B to the total amount of money projected to be allocated to the county pursuant to Schedule A by the funds available for deposit in the mental health account of the county’s health and welfare trust fund. (ii) The reimbursement shall be made monthly on the same day the Controller allocates funds to the local health and welfare trust funds. (B) During the 1992–93 fiscal year and thereafter, the amount to be reimbursed each month shall be computed by multiplying the ratio of the county’s contract for mental health services to the amount of money projected to be allocated to the county pursuant to Schedule A by the funds available for deposit in the mental health account of the county’s health and welfare trust fund. (C) All reimbursements, deposits, and transfers made to the Mental Health Facilities Fund pursuant to a county election shall be deemed to be deposits to the local health and welfare trust fund. (4) (A) Counties shall notify the Controller, in writing, by October 15, 1991, upon making the election pursuant to paragraph (3). The election shall be binding for the fiscal year. The pro rata share of allocations made prior to the election by the county shall be withheld from allocations in subsequent months until paid. (B) For the 1992–93 fiscal year and fiscal years thereafter, counties shall notify the Controller, in writing, by July 1 of the fiscal year for which the election is made, upon making the election pursuant to paragraph (2). (5) Regardless of the reimbursement option elected by a county, no county shall be required to reimburse the Institutions for Mental Disease Account in the Mental Health Facilities Fund an amount greater than the amount identified in the schedule developed by the State Department of Mental Health pursuant to paragraph (1). (d) The Controller shall withhold the allocation of funds pursuant to subdivision (a) in any month a county does not meet the requirements of paragraph (1) of subdivision (b) or paragraph (2) of subdivision (c), in the amount of the obligation and transfer the funds withheld to the State Department of State Hospitals and the State Department of Health Care Services for deposit in the State Hospital Account or the Institutions for Mental Disease Account in the Mental Health Facilities Fund, as appropriate. (Amended by Stats. 2021, Ch. 143, Sec. 418. (AB 133) Effective July 27, 2021.)
  186. 17601.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    This section creates the Mental Health Facilities Fund with two accounts and provides that money in each account is continuously appropriated for monthly disbursement to the named state departments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17601.05. (a) There is hereby created the Mental Health Facilities Fund, which shall have the following accounts: (1) The State Hospital Account. (2) The Institutions for Mental Disease Account. (b) Funds deposited in the State Hospital Account are continuously appropriated, notwithstanding Section 13340 of the Government Code, without regard to fiscal years, for disbursement monthly to the State Department of State Hospitals for costs incurred pursuant to Chapter 4 (commencing with Section 4330) of Part 2 of Division 4. (c) Funds deposited in the Institutions for Mental Disease Account of the Mental Health Facilities Fund are continuously appropriated, notwithstanding Section 13340 of the Government Code, without regard to fiscal years, for disbursement monthly to the State Department of Health Care Services for costs incurred pursuant to Part 5 (commencing with Section 5900) of Division 4. (Amended by Stats. 2012, Ch. 24, Sec. 204. (AB 1470) Effective June 27, 2012.)
  187. 17601.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The State Department of State Hospitals may request a General Fund loan up to $100 million, and the Controller must later liquidate and collect amounts to repay it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17601.10. (a) The State Department of State Hospitals may request a loan from the General Fund in an amount that shall not exceed one hundred million dollars ($100,000,000) for the purposes of meeting cashflow needs in its state hospital operations due to delays in the receipt of reimbursements from counties. (b) The Controller shall liquidate any loan, in accordance with Section 16314 of the Government Code, from the next available deposits into the State Hospital Account in the Mental Health Facilities Fund. (c) If a loan remains outstanding at the end of any fiscal year, the State Department of State Hospitals shall determine the amount of the loan attributable to a shortfall in payments by counties against the amount due in Schedule B in the 1991–92 fiscal year or the contract amount for beds purchased in each subsequent fiscal year. The State Department of State Hospitals shall determine any amounts due to counties pursuant to subdivision (d) of Section 4330. The State Department of State Hospitals shall invoice each county for any outstanding balance. Sixty days after an invoice has been provided and upon notice to the Controller by the State Department of State Hospitals, the Controller shall collect an amount from the county’s allocation to the mental health account of the local health and welfare trust fund that is sufficient to pay any outstanding balance of the invoice. If these amounts do not provide sufficient funds to repay the outstanding loan, the Controller shall liquidate the balance from the next available deposits into the Mental Health Subaccount in the Sales Tax Account in the Local Revenue Fund. (Amended by Stats. 2012, Ch. 24, Sec. 205. (AB 1470) Effective June 27, 2012.)
  188. 17601.20.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    For fiscal year 2011–12, certain funds are redirected to the CalWORKs Maintenance of Effort Subaccount, and counties receiving those funds must use them for increased county contributions to CalWORKs grants.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2. Mental Health Allocations [17601 - 17601.20] ( Article 2 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17601.20. (a) Notwithstanding any other law, for the 2011–12 fiscal year, except for the funds described in subdivision (c), any funds under this chapter or any other provision of Chapter 89 of the Statutes of 1991 that would have otherwise been deposited into the Mental Health Subaccount subsequent to July 15 shall instead be deposited in the CalWORKs Maintenance of Effort Subaccount. (b) All of the funds deposited in the CalWORKs Maintenance of Effort Subaccount pursuant to subdivision (a) shall be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants. Each county’s total annual contribution pursuant to this section shall equal the total amount of funds deposited in the county’s CalWORKs Maintenance of Effort Subaccount during that fiscal year. The CalWORKs Maintenance of Effort Subaccount shall not be subject to the transferability provisions of Section 17600.20 and shall not be factored into the calculation of growth allocations pursuant to Article 7 (commencing with Section 17606.05). Each county’s contribution pursuant to this section shall be in addition to the share of cost required pursuant to Section 15200. (c) There shall be a monthly allocation from the Mental Health Account in the Local Revenue Fund 2011 to the Mental Health Subaccount pursuant to subdivision (a) of Section 30027 of the Government Code. (Amended by Stats. 2012, Ch. 40, Sec. 31. (SB 1020) Effective June 27, 2012.)
  189. 17601.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2.5. Family Support Allocations [17601.25 - 17601.75] ( Article 2.5 heading added by Stats. 2013, Ch. 24, Sec. 11. )

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    This section redirects certain county mental health funds into the CalWORKs Maintenance of Effort Subaccount and limits the annual amount that may be deposited there.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2.5. Family Support Allocations [17601.25 - 17601.75] ( Article 2.5 heading added by Stats. 2013, Ch. 24, Sec. 11. ) ## 17601.25. (a) Notwithstanding any other law, beginning in the 2012–13 fiscal year, except for funds deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code and the funds described in subdivision (c), any funds under this chapter or any other provision of Chapter 89 of the Statutes of 1991 that would otherwise have been deposited into each county’s or city and county’s mental health account subsequent to July 15 shall instead be deposited in the CalWORKs Maintenance of Effort Subaccount. However, in each fiscal year, the amount deposited in the CalWORKs Maintenance of Effort Subaccount shall not exceed one billion one hundred twenty million five hundred fifty-one thousand dollars ($1,120,551,000). (b) All of the funds deposited in the CalWORKs Maintenance of Effort Subaccount pursuant to subdivision (a) shall be allocated by the Controller to counties or a city and county based on schedules developed by the Department of Finance in consultation with the California State Association of Counties. Each county or city and county that receives an allocation shall use those funds to pay an increased county contribution toward the costs of CalWORKs grants. Each county’s total annual contribution pursuant to this section shall equal the total amount of funds deposited in the county’s CalWORKs Maintenance of Effort Subaccount during that fiscal year. The CalWORKs Maintenance of Effort Subaccount shall not be subject to the transferability provisions of Section 17600.20 and shall not be factored into the calculation of growth allocations pursuant to Article 7 (commencing with Section 17606.10). Each county’s contribution pursuant to this section and Section 17601.75 shall be in addition to the share of cost required pursuant to Section 15200. (c) There shall be a monthly allocation of ninety-three million three hundred seventy-nine thousand two hundred fifty-two dollars ($93,379,252) from the Mental Health Account in the Local Revenue Fund 2011 to the Mental Health Subaccount pursuant to subdivision (a) of Sections 30027.5, 30027.6, 30027.7, and 30027.8 of the Government Code. (Amended by Stats. 2015, Ch. 20, Sec. 34. (SB 79) Effective June 24, 2015.)
  190. 17601.50.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2.5. Family Support Allocations [17601.25 - 17601.75] ( Article 2.5 heading added by Stats. 2013, Ch. 24, Sec. 11. )

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    The Controller must allocate the subaccount money to county and city and county family support accounts according to a Department of Finance schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2.5. Family Support Allocations [17601.25 - 17601.75] ( Article 2.5 heading added by Stats. 2013, Ch. 24, Sec. 11. ) ## 17601.50. The moneys in the Child Poverty and Family Supplemental Support Subaccount shall be allocated to the family support account in the local health and welfare trust fund in each county and city and county by the Controller pursuant to a schedule prepared by the Department of Finance. All funds allocated shall be attributable to the payment of increased aid payments, as authorized by Section 11450.025. Funds that are not allocated in a fiscal year, shall be available for allocation in the following fiscal year. (Amended by Stats. 2016, Ch. 25, Sec. 29. (AB 1603) Effective June 27, 2016.)
  191. 17601.75.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2.5. Family Support Allocations [17601.25 - 17601.75] ( Article 2.5 heading added by Stats. 2013, Ch. 24, Sec. 11. )

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    The Controller must allocate certain monthly funds to each county and city and county by the 27th day of the month, and receiving counties must use those funds for specified CalWORKs-related county contributions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 2.5. Family Support Allocations [17601.25 - 17601.75] ( Article 2.5 heading added by Stats. 2013, Ch. 24, Sec. 11. ) ## 17601.75. (a) On or before the 27th day of the month, the Controller shall allocate to the family support account in the local health and welfare trust fund of each county and city and county the amounts deposited and remaining unexpended and unreserved on the 15th day of the month in the Family Support Subaccount of the Local Revenue Fund, pursuant to schedules developed by the Department of Finance in conjunction with the appropriate state departments and in consultation with the California State Association of Counties. (b) All of the funds deposited in the family support account shall be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation described in Section 15204.2, or both, as determined by the Department of Finance. Each county’s total annual contribution pursuant to this section shall equal the total amount of funds deposited in each county’s and city and county’s family support account during that fiscal year. The family support account shall not be subject to the transferability provisions of Section 17600.20. Each county’s contribution pursuant to this section and Section 17601.25 shall be in addition to the shares of cost required pursuant to Section 15200. (Amended by Stats. 2017, Ch. 24, Sec. 52. (SB 89) Effective June 27, 2017.)
  192. 17602.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 3. Social Services Allocations [17602 - 17602.1] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must make specified monthly allocations to counties from the Social Services Subaccount, and counties may use those funds as authorized by law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 3. Social Services Allocations [17602 - 17602.1] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17602. (a) On or before the 27th day of the month, the Controller shall allocate to counties the amounts deposited and remaining unexpended and unreserved on the 15th day of the month in the Social Services Subaccount of the Sales Tax Account of the Local Revenue Fund, pursuant to schedules developed by the Department of Finance in conjunction with the appropriate state departments based on the estimated 1991–92 expenditures as contained in the Budget Act for programs set forth in subdivision (b), the Controller shall make monthly allocations to counties of the funds deposited into the Social Services Subaccount of the Sales Tax Account of the Local Revenue Fund. These allocations shall be made to the Social Services Account of the local health and welfare trust fund. The programs to be funded in accordance with the schedule are those set forth in Sections 1794, 1904, 10101, 10101.1, 11322, 11322.2, 12306, 15200, 15204.2, and 18906.5 of this code, and Section 123940 of the Health and Safety Code and the program set forth in Section 1806, as funded in the Governor’s proposed budget. The schedule for the 1991–92 fiscal year shall be considered final on October 1, 1991. (b) (1) For the 1991–92 fiscal year and every fiscal year thereafter, the Controller shall allocate an amount from the Social Services Subaccount to counties that equals the amount those counties receive pursuant to Sections 16265 to 16265.7, inclusive, of the Government Code in the 1990–91 fiscal year. (2) Notwithstanding any other provision of this chapter, counties may use these funds as authorized by Section 16265.7 of the Government Code. (c) (1) Pursuant to schedules developed by the Department of Finance, in conjunction with the Department of the Youth Authority, based on the estimated 1991–92 fiscal year expenditures as contained in the 1991–92 proposed Governor’s Budget for programs impacted by the realignment and contained in the allocations to counties of the funds deposited into the Social Services Subaccount of the Sales Tax Account in the Local Revenue Fund. The programs set forth in Sections 894, 1794, and 1904 shall be funded in accordance with the schedules adopted pursuant to this subdivision. (2) (A) Counties that receive allocations pursuant to Article 24.5 (commencing with Section 894) of Chapter 2 of Division 2, Article 5.5 (commencing with Section 1790) of Chapter 1 of Division 2.5 and Article 10 (commencing with Section 1900) of Chapter 1 of Division 2.5 shall receive the same allocation for the 1991–92 fiscal year that they received for the 1990–91 fiscal year. (B) (i) Of the amount allocated to San Bernardino County under this section for the 1991–92 fiscal year, five hundred thousand dollars ($500,000) shall be designated for the Regional Youth Education Center. (ii) Of the amount allocated to Los Angeles County under this section for the 1991–92 fiscal year, four hundred eighty-nine thousand four hundred eighty-six dollars ($489,486) shall be designated for the Sugar Ray Robinson Youth Foundation, and one hundred forty thousand eight hundred dollars ($140,800) shall be allocated for the John Rossi Youth Foundation, Inc. (C) Funding allocated to counties under this section for the 1991–92 fiscal year for programs set forth in Article 2 (commencing with Section 1900) of Chapter 1 of Division 2.5 shall be allocated to previously funded youth services bureaus at the 1990–91 fiscal year level. (d) Subject to the availability of funds from the 1990–91 fiscal year, the Counties of Butte, Colusa, El Dorado, Humboldt, Lake, Madera, Nevada, Placer, Riverside, Santa Cruz, and Yuba may be reimbursed for underallocated Child Welfare Services’ Program costs from unused Child Welfare Services’ Program funds to reflect Public Employees’ Retirement System contributions credits in the 1991–92 fiscal year. (e) For the 1992–93 fiscal year and fiscal years thereafter, the allocations by the Controller to each county and city and county shall equal the amounts received in the prior fiscal year by each county and city and county from the Sales Tax Account and the Sales Tax Growth Account for deposit into the social services account of the local health and welfare trust fund. (Amended by Stats. 1996, Ch. 1023, Sec. 499. Effective September 29, 1996.)
  193. 17602.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 3. Social Services Allocations [17602 - 17602.1] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The State Controller must reduce certain county allocations when notified by the Department of Finance, and must deposit withheld amounts into a specified local fund account.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 3. Social Services Allocations [17602 - 17602.1] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17602.05. (a) (1) Upon notification by the Department of Finance, the State Controller shall reduce a county’s allocation pursuant to subdivision (e) of Section 17602 by any realignment withholding amount assessed on the county pursuant to Section 12301.61. (2) For the fiscal year following the fiscal year in which the county enters into a collective bargaining agreement with the employee organization, the county’s allocation pursuant to subdivision (e) of Section 17602 shall be increased by the amount of the reduction made in the prior fiscal year pursuant to paragraph (1). (b) The State Controller shall deposit any amounts withheld from counties pursuant to paragraph (1) of subdivision (a) into the General Growth Subaccount of the Sales Tax Growth Account of the Local Revenue Fund for distribution pursuant to Section 17606.10. The amounts distributed from the General Growth Subaccount pursuant to this subdivision shall be considered one-time deposits and shall not be included in the realignment bases for the Health Subaccount, Mental Health Subaccount, and Child Poverty and Family Supplemental Support Subaccount pursuant to Section 17600.15 in subsequent years. (c) This section shall become operative on October 1, 2023. (Repealed (in Sec. 82) and added by Stats. 2023, Ch. 43, Sec. 83. (AB 120) Effective July 10, 2023. Operative October 1, 2023, by its own provisions.)
  194. 17602.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 3. Social Services Allocations [17602 - 17602.1] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must allocate the deposited CalWORKs Maintenance of Effort Subaccount amounts by the 27th day of each month.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 3. Social Services Allocations [17602 - 17602.1] ( Article 3 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17602.1. On or before the 27th day of each month, the Controller shall allocate, pursuant to a schedule prepared by the Department of Finance, to the CalWORKs Maintenance of Effort Subaccount of each local health and welfare trust fund the amounts deposited into the CalWORKs Maintenance of Effort Subaccount. (Amended by Stats. 2012, Ch. 717, Sec. 3. (AB 1496) Effective September 28, 2012.)
  195. 17603.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 4. Health Allocations [17603- 17603.] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    This section requires the Controller to move and allocate certain local health and welfare funds on set monthly dates, and requires the Department of Finance to calculate contribution amounts for later years.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 4. Health Allocations [17603- 17603.] ( Article 4 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17603. (a) This subdivision only applies until the end of the 2012–13 fiscal year. On or before the 27th day of each month, the Controller shall allocate to the local health and welfare trust fund health accounts the amounts deposited and remaining unexpended and unreserved on the 15th day of the month in the Health Subaccount of the Sales Tax Account of the Local Revenue Fund, in accordance with paragraphs (1) and (2): (1) For the 1991–92 fiscal year, allocations shall be made in accordance with the following schedule: Jurisdiction Allocation Percentage Alameda ........................ 4.5046 Alpine ........................ 0.0137 Amador ........................ 0.1512 Butte ........................ 0.8131 Calaveras ........................ 0.1367 Colusa ........................ 0.1195 Contra Costa ........................ 2.2386 Del Norte ........................ 0.1340 El Dorado ........................ 0.5228 Fresno ........................ 2.3531 Glenn ........................ 0.1391 Humboldt ........................ 0.8929 Imperial ........................ 0.8237 Inyo ........................ 0.1869 Kern ........................ 1.6362 Kings ........................ 0.4084 Lake ........................ 0.1752 Lassen ........................ 0.1525 Los Angeles ........................ 37.2606 Madera ........................ 0.3656 Marin ........................ 1.0785 Mariposa ........................ 0.0815 Mendocino ........................ 0.2586 Merced ........................ 0.4094 Modoc ........................ 0.0923 Mono ........................ 0.1342 Monterey ........................ 0.8975 Napa ........................ 0.4466 Nevada ........................ 0.2734 Orange ........................ 5.4304 Placer ........................ 0.2806 Plumas ........................ 0.1145 Riverside ........................ 2.7867 Sacramento ........................ 2.7497 San Benito ........................ 0.1701 San Bernardino ........................ 2.4709 San Diego ........................ 4.7771 San Francisco ........................ 7.1450 San Joaquin ........................ 1.0810 San Luis Obispo ........................ 0.4811 San Mateo ........................ 1.5937 Santa Barbara ........................ 0.9418 Santa Clara ........................ 3.6238 Santa Cruz ........................ 0.6714 Shasta ........................ 0.6732 Sierra ........................ 0.0340 Siskiyou ........................ 0.2246 Solano ........................ 0.9377 Sonoma ........................ 1.6687 Stanislaus ........................ 1.0509 Sutter ........................ 0.4460 Tehama ........................ 0.2986 Trinity ........................ 0.1388 Tulare ........................ 0.7485 Tuolumne ........................ 0.2357 Ventura ........................ 1.3658 Yolo ........................ 0.3522 Yuba ........................ 0.3076 Berkeley ........................ 0.0692 Long Beach ........................ 0.2918 Pasadena ........................ 0.1385 (2) For the 1992–93 fiscal year and fiscal years thereafter until the commencement of the 2013–14 fiscal year, the allocations to each county and city and county shall equal the amounts received in the prior fiscal year by each county, city, and city and county from the Sales Tax Account and the Sales Tax Growth Account of the Local Revenue Fund into the health and welfare trust fund. (b) (1) For the 2013–14 fiscal year, on the 27th day of each month, the Controller shall allocate, in the same proportion as funds in paragraph (2) of subdivision (a) were allocated, to each county’s and city and county’s local health and welfare trust fund health accounts, the amounts deposited and remaining unexpended and unreserved on the 15th day of the month in the Health Subaccount of the Sales Tax Account of the Local Revenue Fund. (2) (A) Beginning January 2014 and for the remainder of the 2013–14 fiscal year, on or before the 27th day of each month, the Controller shall transfer to the Family Support Subaccount from the Health Subaccount amounts determined pursuant to a schedule prepared by the Department of Finance in consultation with the California State Association of Counties. Cumulatively, no more than three hundred million dollars ($300,000,000) shall be transferred. (B) Every month, after the transfers in subparagraph (A) have occurred, the remainder shall be allocated to the counties and cities and counties in the same proportions as funds in paragraph (2) of subdivision (a) were allocated. (C) For counties participating in the County Medical Services Program, transfers from each county shall not be greater than the monthly amount the county would otherwise pay pursuant to paragraph (2) of subdivision (j) of Section 16809 for participation in the County Medical Services Program. Any difference between the amount paid by these counties and the proportional share of the three hundred million dollars ($300,000,000) calculated as payable by these counties and the County Medical Services Program shall be paid from the funds available for allocation to the County Medical Services Program in accordance with this code. (3) For the 2013–14 fiscal year, the Controller, using the same timing and criteria used in paragraph (1), shall allocate to each city, not to include a city and county, funds that shall equal the amounts received in the prior fiscal year by each city from the Sales Tax Account and the Sales Tax Growth Account of the Local Revenue Fund into the health and welfare trust fund. (c) (1) For the 2014–15 fiscal year and for every fiscal year thereafter, the Department of Finance, in consultation with the California State Association of Counties, shall calculate the amount each county or city and county shall contribute to the Family Support Subaccount in accordance with Section 17600.50. (2) On or before the 27th day of each month, the Controller shall transfer, based on a schedule prepared by the Department of Finance in consultation with the California State Association of Counties, from the funds deposited and remaining unexpended and unreserved on the 15th day of the month in the Health Subaccount of the Sales Tax Account of the Local Revenue Fund to the Family Support Subaccount, funds that equal, over the course of the year, the amount determined in paragraph (1) pursuant to a schedule provided by the Department of Finance. (3) After the transfer in paragraph (2) has occurred, the Controller shall allocate on or before the 27th day of each month to the Health Account in the local health and welfare trust fund of every county and city and county from a schedule prepared by the Department of Finance, in consultation with the California State Association of Counties, any funds remaining in the Health Account from the funds deposited and remaining unexpended and unreserved on the 15th day of the month in the Health Subaccount of the Sales Tax Account of the Local Revenue Fund. The schedule shall be prepared as the allocations would have been distributed pursuant to paragraph (2) of subdivision (a). (4) For the 2014–15 fiscal year and for every fiscal year thereafter, the Controller, using the same timing and criteria as had been used in paragraph (2) of subdivision (a), shall allocate to each city, not to include a city and county, funds that equal the amounts received in the prior fiscal year by each city from the Sales Tax Account and the Sales Tax Growth Account of the Local Revenue Fund into the health and welfare trust fund. (Amended by Stats. 2016, Ch. 86, Sec. 325. (SB 1171) Effective January 1, 2017.)
  196. 17604.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 5. Vehicle License Fee Allocations [17604- 17604.] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must credit and allocate specified vehicle license fee revenues and make monthly deposits and allocations under set fiscal-year rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 5. Vehicle License Fee Allocations [17604- 17604.] ( Article 5 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17604. (a) All motor vehicle license fee revenues collected in the 1991–92 fiscal year that are deposited to the credit of the Local Revenue Fund shall be credited to the Vehicle License Fee Account of that fund. (b) (1) For the 1992–93 fiscal year through the 2014–15 fiscal year, inclusive, from vehicle license fee proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make monthly deposits to the Vehicle License Fee Account of the Local Revenue Fund until the deposits equal the amounts that were allocated to counties, cities, and cities and counties in the prior fiscal year pursuant to this chapter from the Vehicle License Fee Account in the Local Revenue Fund and the Vehicle License Fee Account and the Vehicle License Fee Growth Account in the Local Revenue Fund. (2) Any excess vehicle fee revenues deposited into the Local Revenue Fund pursuant to Section 11001.5 of the Revenue and Taxation Code shall be deposited in the Vehicle License Fee Growth Account of the Local Revenue Fund. (3) The Controller shall calculate the difference between the total amount of vehicle license fee proceeds deposited to the credit of the Local Revenue Fund, pursuant to paragraph (1) of subdivision (a) of Section 11001.5 of the Revenue and Taxation Code, and deposited into the Vehicle License Fee Account for the period of July 16, 2009, to July 15, 2010, inclusive, and the amount deposited for the period of July 16, 2010, to July 15, 2011, inclusive. (4) Of vehicle license fee proceeds deposited to the Vehicle License Fee Account after July 15, 2011, an amount equal to the difference calculated in paragraph (3) shall be deemed to have been deposited during the period of July 16, 2010, to July 15, 2011, inclusive, and allocated to cities, counties, and a city and county as if those proceeds had been received during the 2010–11 fiscal year. (c) (1) On or before the 27th day of each month, the Controller shall allocate to each county, city, or city and county, the amounts deposited and remaining unexpended and unreserved on the 15th day of the month in the Vehicle License Fee Account of the Local Revenue Fund, in accordance with paragraphs (2) and (3). (2) For the 1991–92 fiscal year, allocations shall be made in accordance with the following schedule: Jurisdiction Allocation Percentage Alameda ........................ 4.5046 Alpine ........................ 0.0137 Amador ........................ 0.1512 Butte ........................ 0.8131 Calaveras ........................ 0.1367 Colusa ........................ 0.1195 Contra Costa ........................ 2.2386 Del Norte ........................ 0.1340 El Dorado ........................ 0.5228 Fresno ........................ 2.3531 Glenn ........................ 0.1391 Humboldt ........................ 0.8929 Imperial ........................ 0.8237 Inyo ........................ 0.1869 Kern ........................ 1.6362 Kings ........................ 0.4084 Lake ........................ 0.1752 Lassen ........................ 0.1525 Los Angeles ........................ 37.2606 Madera ........................ 0.3656 Marin ........................ 1.0785 Mariposa ........................ 0.0815 Mendocino ........................ 0.2586 Merced ........................ 0.4094 Modoc ........................ 0.0923 Mono ........................ 0.1342 Monterey ........................ 0.8975 Napa ........................ 0.4466 Nevada ........................ 0.2734 Orange ........................ 5.4304 Placer ........................ 0.2806 Plumas ........................ 0.1145 Riverside ........................ 2.7867 Sacramento ........................ 2.7497 San Benito ........................ 0.1701 San Bernardino ........................ 2.4709 San Diego ........................ 4.7771 San Francisco ........................ 7.1450 San Joaquin ........................ 1.0810 San Luis Obispo ........................ 0.4811 San Mateo ........................ 1.5937 Santa Barbara ........................ 0.9418 Santa Clara ........................ 3.6238 Santa Cruz ........................ 0.6714 Shasta ........................ 0.6732 Sierra ........................ 0.0340 Siskiyou ........................ 0.2246 Solano ........................ 0.9377 Sonoma ........................ 1.6687 Stanislaus ........................ 1.0509 Sutter ........................ 0.4460 Tehama ........................ 0.2986 Trinity ........................ 0.1388 Tulare ........................ 0.7485 Tuolumne ........................ 0.2357 Ventura ........................ 1.3658 Yolo ........................ 0.3522 Yuba ........................ 0.3076 Berkeley ........................ 0.0692 Long Beach ........................ 0.2918 Pasadena ........................ 0.1385 (3) For the 1992–93, 1993–94, and 1994–95 fiscal years and fiscal years thereafter, allocations shall be made in the same amounts as were distributed from the Vehicle License Fee Account and the Vehicle License Fee Growth Account in the prior fiscal year. (4) For the 1995–96 fiscal year, allocations shall be made in the same amounts as distributed in the 1994–95 fiscal year from the Vehicle License Fee Account and the Vehicle License Fee Growth Account after adjusting the allocation amounts by the amounts specified for the following counties: Alpine ........................ $(11,296) Amador ........................ 25,417 Calaveras ........................ 49,892 Del Norte ........................ 39,537 Glenn ........................ (12,238) Lassen ........................ 17,886 Mariposa ........................ (6,950) Modoc ........................ (29,182) Mono ........................ (6,950) San Benito ........................ 20,710 Sierra ........................ (39,537) Trinity ........................ (48,009) (5) (A) For the 1996–97 fiscal year and fiscal years thereafter, allocations shall be made in the same amounts as were distributed from the Vehicle License Fee Account and the Vehicle License Fee Growth Account in the prior fiscal year. (B) Initial proceeds deposited in the Vehicle License Fee Account in the 2003–04 fiscal year in the amount that would otherwise have been transferred pursuant to former Section 10754 of the Revenue and Taxation Code for the period June 20, 2003, to July 15, 2003, inclusive, shall be deemed to have been deposited during the period June 16, 2003, to July 15, 2003, inclusive, and allocated to cities, counties, and a city and county during the 2002–03 fiscal year. (d) The Controller shall make monthly allocations from the amount deposited in the Vehicle License Collection Account of the Local Revenue Fund to each county in accordance with a schedule to be developed by the State Department of Health Care Services in consultation with the County Behavioral Health Directors Association of California, which is compatible with the intent of the Legislature expressed in the act adding this subdivision. (e) For the 2013–14 and 2014–15 fiscal years, before making the monthly allocations in accordance with paragraph (5) of subdivision (c) and subdivision (d), and pursuant to a schedule provided by the Department of Finance, the Controller shall adjust the monthly distributions from the Vehicle License Fee Account to reflect an equal exchange of sales and use tax funds from the Social Services Subaccount to the Health Subaccount, as required by subdivisions (d) and (e) of Section 17600.15, and of Vehicle License Fee funds from the Health Account to the Social Services Account. Adjustments made to the Vehicle License Fee distributions pursuant to this subdivision shall not be used in calculating future year allocations to the Vehicle License Fee Account. (f) For the 2015–16 fiscal year, of the vehicle license fee proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make the following monthly deposits: (1) To the Social Services Subaccount of the Vehicle License Fee Account, until the deposits equal the total amount that was allocated to the social services accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Vehicle License Fee Account. (2) To the Health Subaccount of the Vehicle License Fee Account, until the deposits equal the total amount that was allocated to the health accounts of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. (3) To the County Medical Services Program Subaccount of the Vehicle License Fee Account, until the deposits equal the total amount that was allocated to the County Medical Services Program in the prior fiscal year pursuant to this chapter from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. (4) To the Child Poverty and Family Supplemental Support Subaccount until the deposits equal the amounts that were deposited in the prior fiscal year from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. (5) To the Mental Health Subaccount of the Vehicle License Fee Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25 of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (6) Any excess vehicle license fee revenues received pursuant to Section 11001.5 of the Revenue and Taxation Code after the allocations required by paragraphs (1) to (5), inclusive, are made shall be deposited in the Vehicle License Fee Growth Account of the Local Revenue Fund. (g) For the 2016–17 fiscal year and fiscal years thereafter, of the vehicle license fee proceeds from revenues deposited to the credit of the Local Revenue Fund, the Controller shall make the following monthly deposits: (1) To the Social Services Subaccount until the deposits equal the amount that was deposited to the Social Services Subaccount in the prior fiscal year from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. (2) To the Health Subaccount until the deposits equal the total amounts that were deposited to the Health Subaccount in the prior fiscal year from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. (3) To the County Medical Services Program Subaccount until the deposits equal the total amounts that were deposited in the prior fiscal year to the County Medical Services Program Subaccount of the Vehicle License Fee Account and the County Medical Services Program Growth Subaccount of the Vehicle License Fee Growth Account. (4) To the Child Poverty and Family Supplemental Support Subaccount until the deposits equal the amounts that were deposited to the Child Poverty and Family Supplemental Support Subaccount in the prior fiscal year from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. (5) To the Mental Health Subaccount of the Vehicle License Fee Account until the deposits equal the amounts that were allocated to counties’, cities’, and cities and counties’ CalWORKs Maintenance of Effort Subaccounts pursuant to subdivision (a) of Section 17601.25, and any additional amounts above the amount specified in subdivision (a) of Section 17601.25 of the local health and welfare trust funds in the prior fiscal year pursuant to this chapter from the Vehicle License Fee Account and the Vehicle License Fee Growth Account. The Controller shall not include in this calculation any funding deposited in the Mental Health Subaccount from the Support Services Growth Subaccount pursuant to Section 30027.9 of the Government Code or funds described in subdivision (c) of Section 17601.25. (6) Any excess vehicle license fee revenues received pursuant to Section 11001.5 of the Revenue and Taxation Code after the allocations required by paragraphs (1) to (5), inclusive, are made shall be deposited in the Vehicle License Fee Growth Account of the Local Revenue Fund. (Amended by Stats. 2017, Ch. 25, Sec. 32. (SB 90) Effective June 27, 2017.)
  197. 17605.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must deposit and allocate specified sales tax growth funds to the Caseload Subaccount, using allocation schedules from the Department of Finance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17605. (a) For the 1992–93 fiscal year, the Controller shall deposit into the Caseload Subaccount of the Sales Tax Growth Account of the Local Revenue Fund, from revenues deposited into the Sales Tax Growth Account, an amount to be determined by the Department of Finance, that represents the sum of the shortfalls between the actual realignment revenues received by each county and each city and county from the Social Services Subaccount of the Local Revenue Fund in the 1991–92 fiscal year and the net costs incurred by each of those counties and cities and counties in the fiscal year for the programs described in Sections 10101, 10101.1, 11322.2, 12306, 15200, 15204.2, and 18906.5, and former Section 11322. The Department of Finance shall provide the Controller with an allocation schedule on or before August 15, 1993, that shall be used by the Controller to allocate funds deposited to the Caseload Subaccount under this subdivision. The Controller shall allocate these funds no later than August 27, 1993. (b) (1) (A) For the 1993–94 fiscal year and fiscal years thereafter, the Controller shall deposit into the Caseload Subaccount of the Sales Tax Growth Account of the Local Revenue Fund, from revenues deposited into the Sales Tax Growth Account, an amount determined by the Department of Finance, in consultation with the appropriate state departments and the California State Association of Counties, that is sufficient to fund the net cost for the realigned portion of the county or city and county share of growth in social services caseloads, as specified in paragraph (2), and any share of growth from the previous year or years for which sufficient revenues were not available in the Caseload Subaccount. The Department of Finance shall provide the Controller with an allocations schedule on or before March 15 of each year. The schedule shall be used by the Controller to allocate funds deposited into the Caseload Subaccount under this subdivision. (B) It is the intent of the Legislature that counties shall receive allocations from the Caseload Subaccount as soon as possible after funds are received in the Sales Tax Growth Account. The Department of Finance shall recommend to the Legislature, by January 10, 2005, a procedure to expedite the preparation and provision of the allocations schedule described in subparagraph (A) and the allocation of funds by the Controller. (2) (A) (i) For the 1992–93 fiscal year through the caseload growth calculation for the 2017–18 fiscal year, “growth” means, for purposes of this subdivision, the increase in the actual caseload expenditures for the prior fiscal year over the actual caseload expenditures for the fiscal year preceding the prior fiscal year for the programs described in Sections 10101, 12306, 15200, 15204.2, and 18906.5, and for which funds are allocated pursuant to subdivision (b) of Section 123940 of the Health and Safety Code. (ii) Commencing with the caseload growth calculation for the 2018–19 fiscal year and through the 2020–21 fiscal year, for purposes of this subdivision, “growth” means the increase in the actual caseload expenditures for the prior fiscal year over the actual caseload expenditures for the fiscal year preceding the prior fiscal year for the programs described in Sections 10101, 15200, 15204.2, and 18906.5, and for which funds are allocated pursuant to subdivision (b) of Section 123940 of the Health and Safety Code. (B) Commencing with the caseload growth calculation for the 2017–18 fiscal year and through the 2020–21 fiscal year, in addition to subparagraph (A), “growth” shall also include the following: (i) The additional County IHSS MOE costs to counties pursuant to Sections 12306.16 and 12306.17 for the current fiscal year over the County IHSS MOE costs to counties for the prior fiscal year, less the amount of sales tax revenues received pursuant to subdivision (g) of Section 17600.15 to fund the amount specified in subparagraph (B) of paragraph (3) of subdivision (f) of Section 17600.15 and the amount of vehicle license fee revenues received pursuant to subdivision (c) of Section 17606.20, and, for the 2016–17 fiscal year, the amount of sales tax revenues received pursuant to subdivision (c) of Section 17605.07 and subdivision (g) of Section 17606.10. (ii) Any additional County IHSS MOE costs to counties pursuant to Sections 12306.16 and 12306.17 for the prior fiscal year over the County IHSS MOE costs to counties for the preceding prior fiscal year that were not included in caseload growth calculation pursuant to clause (i) from the prior caseload growth calculation. (3) (A) For the 1993–94 fiscal year through the 2016–17 fiscal year, the difference in caseload expenditures between the fiscal years shall be multiplied by the factors that represent the change in county or city and county shares of the realigned programs. These products shall then be added or subtracted, taking into account whether the county’s or city and county’s share of costs was increased or decreased as a result of realignment, to yield each county’s or city and county’s allocation for caseload growth. Allocations for counties or cities and counties with allocations of less than zero shall be set at zero. (B) For the caseload growth calculation for the 2017–18 fiscal year the difference in caseload expenditures between the fiscal years as determined by clause (i) of subparagraph (A) of paragraph (2) shall be multiplied by the factors that represent the change in county or city and county shares of the realignment programs. These products shall then be added or subtracted, taking into account whether the county’s or city and county’s share of costs was increased or decreased as a result of realignment, and added to the amounts determined pursuant to subparagraph (B) of paragraph (2) to yield each county’s or city and county’s allocation for caseload growth. Allocations for counties or cities and counties with allocations of less than zero shall be set at zero. (C) Commencing with the caseload growth calculation for the 2018–19 fiscal year and through the 2020–21 fiscal year, the difference in caseload expenditures between the fiscal years as determined by clause (ii) of subparagraph (A) of paragraph (2) shall be multiplied by the factors that represent the change in county or city and county shares of the realignment programs. These products shall then be added or subtracted, taking into account whether the county’s or city and county’s share of costs was increased or decreased as a result of realignment, and added to the amounts determined pursuant to subparagraph (B) of paragraph (2) to yield each county’s or city and county’s allocation for caseload growth. Allocations for counties or cities and counties with allocations of less than zero shall be set at zero. (4) (A) Commencing with the caseload growth calculation for the 2021–22 fiscal year and each fiscal year thereafter, “growth” means, for purposes of this subdivision, the increase in the actual caseload expenditures for the prior fiscal year over the actual caseload expenditures for the fiscal year preceding the prior fiscal year for the programs described in Sections 10101, 12306, 15200, 15204.2, and 18906.5, and for which funds are allocated pursuant to subdivision (b) of Section 123940 of the Health and Safety Code. (B) The difference in caseload expenditures between the fiscal years shall be multiplied by the factors that represent the change in county or city and county shares of the realigned programs. These products shall then be added or subtracted, taking into account whether the county’s or city and county’s share of costs was increased or decreased as a result of realignment, to yield each county’s or city and county’s allocation for caseload growth. Allocations for counties or cities and counties with allocations of less than zero shall be set at zero. (c) Annually, the Controller shall allocate, to the local health and welfare trust fund social services account, the amounts deposited and remaining unexpended and unreserved in the Caseload Subaccount, pursuant to the schedules of allocations of caseload growth described in subdivision (b), within 45 days of receiving those schedules from the Department of Finance. If there are insufficient funds to fully satisfy all caseload growth obligations, each county’s or city and county’s allocation for each program specified in subdivision (d) shall be prorated. (d) Prior to allocating funds pursuant to subdivision (b), to the extent that funds are available from funds deposited in the Caseload Subaccount in the Sales Tax Growth Account in the Local Revenue Fund, the Controller shall allocate moneys to counties or cities and counties to correct any inequity or inequities in the computation of the child welfare services portion of the schedule required by subdivision (a) of Section 17602. (e) (1) For the 2003–04 fiscal year, no Sales Tax Growth Account funds shall be allocated pursuant to this chapter until the caseload portion of the base of each county’s social services account in the county’s health and welfare trust fund is funded to the level of the 2001–02 fiscal year. Funds to meet this requirement shall be allocated from the Sales Tax Account of the Local Revenue Fund. If sufficient funds are not available in the Sales Tax Account of the Local Revenue Fund to achieve that funding level in the 2003–04 fiscal year, this requirement shall be funded in each succeeding fiscal year in which there are sufficient funds in the Sales Tax Account of the Local Revenue Fund until the caseload base funding level for which each county would have otherwise been eligible in accordance with subdivision (e) of Section 17602 for that year. (2) The caseload portion of each county’s social services account base shall be determined by subtracting its noncaseload portion of the base, as determined by the Department of Finance in its annual calculation of General Growth Account allocations, from the total base of each county’s social services account for the 2001–02 fiscal year. (f) Commencing with the caseload growth calculation for the 2017–18 fiscal year and each fiscal year thereafter, the Controller shall annually post on the Controller’s internet website the total amount of unfunded caseload growth by county. (Amended by Stats. 2019, Ch. 27, Sec. 111. (SB 80) Effective June 27, 2019.)
  198. 17605.051.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    On request by the County Medical Services Program Governing Board, the Controller must transfer money from the County Medical Services Program Subaccount to that Board.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17605.051. Upon request of the County Medical Services Program Governing Board, the Controller shall transfer amounts deposited into the County Medical Services Program Subaccount to the County Medical Services Program Governing Board for the purposes described in subdivision (f) of Section 16809. (Amended by Stats. 2015, Ch. 20, Sec. 40. (SB 79) Effective June 24, 2015.)
  199. 17605.07.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must make specified deposits and one allocation of growth-account funds to county medical services and county social services accounts, subject to fiscal-year limits and a $20 million Caseload Subaccount threshold.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17605.07. (a) (1) For the 1992–93 fiscal year through the 2014–15 fiscal year, inclusive, after satisfying the obligations set forth in Section 17605, the Controller shall deposit into the County Medical Services Program Subaccount 4.027 percent of the amounts remaining and unexpended in the Sales Tax Growth Account of the Local Revenue Fund. (2) If the amount deposited to the Caseload Subaccount of the Sales Tax Growth Account pursuant to subdivision (b) of Section 17605 exceeds twenty million dollars ($20,000,000) for any fiscal year, then an additional amount equal to 4.027 percent of the amount deposited to the Caseload Subaccount shall be deposited to the County Medical Services Program Subaccount of the Sales Tax Growth Account. (b) (1) For the 2015–16 fiscal year through the 2018–19 fiscal year, after satisfying the obligations set forth in Section 17605, the Controller shall deposit into the County Medical Services Program Growth Subaccount 4.027 percent of the amounts remaining and unexpended in the Sales Tax Growth Account of the Local Revenue Fund. (2) If the amount deposited to the Caseload Subaccount of the Sales Tax Growth Account pursuant to subdivision (b) of Section 17605 exceeds twenty million dollars ($20,000,000) for any fiscal year between the 2015–16 and 2018–19 fiscal years, inclusive, then an additional amount equal to 4.027 percent of the amount deposited to the Caseload Subaccount shall be deposited to the County Medical Services Program Growth Subaccount of the Sales Tax Growth Account. (c) (1) Notwithstanding subdivision (b), for the 2016–17 fiscal year, the Controller shall allocate to the social services account of each county and city and county the amount that would otherwise have been deposited into the County Medical Services Program Growth Subaccount pursuant to subdivision (b), except for the amount of funds to be redirected pursuant to Section 17600.50, based on a schedule provided by the Department of Finance developed in consultation with the California State Association of Counties. (2) The funding allocated pursuant to paragraph (1) shall only be available for allocation to the counties that participate in the County Medical Services Program in the 2016–17 fiscal year. (Amended by Stats. 2019, Ch. 27, Sec. 112. (SB 80) Effective June 27, 2019.)
  200. 17605.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must deposit remaining funds from the Sales Tax Growth Account of the Local Revenue Fund into the General Growth Subaccount, after meeting specified obligations in earlier sections.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5. COUNTY AID AND RELIEF TO INDIGENTS [17000 - 17613.4] ( Part 5 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 6. Growth Account Allocations—Deposits [17605 - 17605.10] ( Article 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17605.10. (a) For the 2014–15 fiscal year through the 2018–19 fiscal years, after satisfying the obligations set forth in Sections 17605 and 17605.07, the Controller shall deposit any funds remaining in the Sales Tax Growth Account of the Local Revenue Fund into the General Growth Subaccount. (b) For the 2019–20 fiscal year and every fiscal year thereafter, after satisfying the obligations set forth in Section 17605, the Controller shall deposit any funds remaining in the Sales Tax Growth Account of the Local Revenue Fund into the General Growth Subaccount. (Amended by Stats. 2019, Ch. 27, Sec. 113. (SB 80) Effective June 27, 2019.)

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