Welfare and Institutions Code — Part 19 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 19 of 35 · provisions 3,601–3,800

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

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

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Provisions of Welfare and Institutions Code

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  1. 17606.10.

    ## 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 7. Allocation of Funds from the Sales Tax Growth Account [17606.10 - 17606.20] ( Article 7 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must annually allocate General Growth Subaccount funds to local health and welfare trust fund accounts, and the Department of Finance must recalculate resource bases and prepare allocation schedules for specified fiscal 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 7. Allocation of Funds from the Sales Tax Growth Account [17606.10 - 17606.20] ( Article 7 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17606.10. (a) For the 1992–93 fiscal year and subsequent fiscal years, the Controller shall allocate funds, on an annual basis from the General Growth Subaccount in the Sales Tax Growth Account to the appropriate accounts in the local health and welfare trust fund of each county, city, and city and county in accordance with a schedule setting forth the percentage of total state resources received in the 1990–91 fiscal year, including State Legalization Impact Assistance Grants distributed by the state under former Part 4.5 (commencing with Section 16700), funding provided for purposes of implementation of Division 5 (commencing with Section 5000), for the organization and financing of community mental health services, including the Cigarette and Tobacco Products Surtax proceeds that are allocated to county mental health programs pursuant to Chapter 1331 of the Statutes of 1989, Chapter 51 of the Statutes of 1990, and Chapter 1323 of the Statutes of 1990, and state hospital funding and funding distributed for programs administered under Sections 1794, 10101.1, and 11322.2, as annually adjusted by the Department of Finance, in conjunction with the appropriate state department to reflect changes in equity status from the base percentages. However, for the 1992–93 fiscal year, the allocation for community mental health services shall be based on the following schedule: Percentage of Statewide Jurisdiction Resource Base Alameda ........................ 4.3693 Alpine ........................ 0.0128 Amador ........................ 0.0941 Butte ........................ 0.7797 Calaveras ........................ 0.1157 Colusa ........................ 0.0847 Contra Costa ........................ 2.3115 Del Norte ........................ 0.1237 El Dorado ........................ 0.3966 Fresno ........................ 3.1419 Glenn ........................ 0.1304 Humboldt ........................ 0.6175 Imperial ........................ 0.5425 Inyo ........................ 0.1217 Kern ........................ 1.8574 Kings ........................ 0.4229 Lake ........................ 0.2362 Lassen ........................ 0.1183 Los Angeles ........................ 27.9666 Madera ........................ 0.3552 Marin ........................ 0.9180 Mariposa ........................ 0.0792 Mendocino ........................ 0.4099 Merced ........................ 0.8831 Modoc ........................ 0.0561 Mono ........................ 0.0511 Monterey ........................ 1.1663 Napa ........................ 0.3856 Nevada ........................ 0.2129 Orange ........................ 5.3423 Placer ........................ 0.5034 Plumas ........................ 0.1134 Riverside ........................ 3.6179 Sacramento ........................ 4.1872 San Benito ........................ 0.1010 San Bernardino ........................ 4.5494 San Diego ........................ 7.8773 San Francisco ........................ 3.5335 San Joaquin ........................ 2.4690 San Luis Obispo ........................ 0.6652 San Mateo ........................ 2.5169 Santa Barbara ........................ 1.0745 Santa Clara ........................ 5.0488 Santa Cruz ........................ 0.7960 Shasta ........................ 0.5493 Sierra ........................ 0.0345 Siskiyou ........................ 0.2051 Solano ........................ 0.6694 Sonoma ........................ 1.1486 Stanislaus ........................ 1.4701 Sutter/Yuba ........................ 0.6294 Tehama ........................ 0.2384 Trinity ........................ 0.0826 Tulare ........................ 1.4704 Tuolumne ........................ 0.1666 Ventura ........................ 1.9311 Yolo ........................ 0.5443 Berkeley ........................ 0.2688 Tri-City ........................ 0.2347 (b) The Department of Finance shall recalculate the resource base used in determining the General Growth Subaccount allocations to the Health Account, Mental Health Account, and Social Services Account of the local health and welfare trust fund of each city, county, and city and county for the 1994–95 fiscal year general growth allocations according to subdivisions (c) and (d). For the 1995–96 fiscal year and annually until the end of the 2012–13 fiscal year, the Department of Finance shall prepare the schedule of allocations of growth based upon the recalculation of the resource base as provided by subdivision (c). (c) For the Mental Health Account, the Department of Finance shall do all of the following: (1) Use the following sources as reported by the State Department of Health Care Services: (A) The final December 1992 distribution of resources associated with Institutes for Mental Disease. (B) The 1990–91 fiscal year state hospitals and community mental health allocations. (C) Allocations for services provided for under Chapter 1294 of the Statutes of 1989. (2) Expand the resource base with the following nonrealigned funding sources as allocated among the counties: (A) Tobacco surtax allocations made under Chapter 1331 of the Statutes of 1989 and Chapter 51 of the Statutes of 1990. (B) For the 1994–95 allocation year only, Chapter 1323 of the Statutes of 1990. (C) 1993–94 fiscal year federal homeless block grant allocation. (D) 1993–94 fiscal year Mental Health Special Education allocations. (E) 1993–94 fiscal year allocations for the system of care for children, in accordance with Chapter 1229 of the Statutes of 1992. (F) 1993–94 fiscal year federal Substance Abuse and Mental Health Services Administration block grant allocations pursuant to Subchapter 1 (commencing with Section 10801) of Chapter 114 of Title 42 of the United States Code. (d) For the Health Account, the Department of Finance shall use the historical resource base of state funds as allocated among the counties, cities, and city and county as reported by the former State Department of Health Services in a September 17, 1991, report of Indigent and Community Health Resources. (e) The Department of Finance shall use these adjusted resource bases for the Health Account and Mental Health Account to calculate what the 1994–95 fiscal year General Growth Subaccount allocations would have been, and together with 1994–95 fiscal year Base Restoration Subaccount allocations, CMSP subaccount allocations, equity allocations to the Health Account and Mental Health Account as adjusted by subparagraph (E) of paragraph (2) of subdivision (c) of Section 17606.05, as that subparagraph read on January 1, 2015, and special equity allocations to the Health Account and Mental Health Account as adjusted by subdivision (e) of Section 17606.15 reconstruct the 1994–95 fiscal year General Growth Subaccount resource base for the 1995–96 allocation year for each county, city, and city and county. Notwithstanding any other law, the actual 1994–95 general growth allocations shall not become part of the realignment base allocations to each county, city, and city and county. The total amounts distributed by the Controller for general growth for the 1994–95 allocation year shall be reallocated among the counties, cities, and city and county in the 1995–96 allocation year according to this paragraph, and shall be included in the general growth resource base for the 1996–97 allocation year and each fiscal year thereafter. For the 1996–97 allocation year through the 2017–18 fiscal year, the Department of Finance shall update the base with actual growth allocations to the Health Account, Mental Health Account, and Social Services Account of each county, city, and city and county local health and welfare trust fund in the prior year, and adjust for actual changes in nonrealigned funds specified in subdivision (c) in the year prior to the allocation year. (f) For the 2013–14 fiscal year through the 2017–18 fiscal year, the Controller shall do all of the following: (1) Allocate to the Mental Health Account of each county, city, or city and county based on a schedule provided by the Department of Finance. The Department of Finance shall recalculate the resource base used in determining the General Growth Subaccount allocations to the Mental Health Account in accordance with subdivision (c) and allocate based on that recalculation. (2) Allocate 18.4545 percent of the total General Growth Subaccount to the health account of each county, city, or city and county based on a schedule provided by the Department of Finance in accordance with subdivision (d). (3) Allocate the remainder of the funds in the General Growth Subaccount to the family support account of each county or city and county based on a schedule provided by the Department of Finance. These funds shall be expended in accordance with Section 17601.50. (g) (1) Notwithstanding subdivision (f), for the 2016–17 fiscal year, the Controller shall allocate funds in the following amounts from the General Growth Subaccount of the Sales Tax Account to the social services account of each county and city and county based on a schedule provided by the Department of Finance developed in consultation with the California State Association of Counties: (A) The funding that would have been allocated to the Mental Health Account of each county or city and county pursuant to the calculations specified in paragraph (1) of subdivision (f). (B) The funding that would have been allocated to the health account of each county or city and county pursuant to paragraph (2) of subdivision (f), except for the amount of funds to be redirected pursuant to Section 17600.50, Article 12 (commencing with Section 17612.1), and Article 13 (commencing with 17613.1). (2) The allocation of funds from the General Growth Subaccount of the Sales Tax Account to the social services account as described in paragraph (1) shall not apply to the amount of funds available for allocation to the Mental Health Accounts and health accounts of the Cities of Berkeley, Pasadena, Tri-City, and Long Beach. (h) For the 2018–19 fiscal year and every fiscal year thereafter, the Controller shall do all of the following: (1) Allocate 37.433321 percent of the total General Growth Subaccount to the Mental Health Account of each county, city, or city and county using the 2017–18 fiscal year percentage distribution of general growth for mental health. (2) Allocate 18.4545 percent of the total General Growth Subaccount to the health account of each county, city, or city and county using the 2017–18 fiscal year percentage distribution of general growth for health. (3) Allocate the remainder of the funds in the General Growth Subaccount to the family support account of each county or city and county based on a schedule provided by the Department of Finance. These funds shall be expended in accordance with Section 17601.50. (i) The amounts deposited and remaining unexpended and unreserved in the General Growth Subaccount shall be allocated on an annual basis by the Controller, as described in subdivisions (f) and (g), within 45 days of receiving the General Growth Subaccount allocation schedule from the Department of Finance. (Amended by Stats. 2019, Ch. 27, Sec. 114. (SB 80) Effective June 27, 2019.)
  2. 17606.20.

    ## 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 7. Allocation of Funds from the Sales Tax Growth Account [17606.10 - 17606.20] ( Article 7 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must distribute Vehicle License Fee Growth Account revenues to counties, cities, and city and county governments under specified formulas and timelines.

    ## 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 7. Allocation of Funds from the Sales Tax Growth Account [17606.10 - 17606.20] ( Article 7 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17606.20. (a) Annually, the Controller shall allocate money to each county, city, and city and county, from revenues deposited in the Vehicle License Fee Growth Account in the Local Revenue Fund in amounts that are proportional to each county’s, city’s, or city and county’s total allocation from the Sales Tax Growth Account, except amounts provided pursuant to Section 17605. (b) Notwithstanding subdivision (a), for the 1998–99 fiscal year through the 2018–19 fiscal year, if, after meeting the requirements of Section 17605, there are no funds remaining in the Sales Tax Growth Account to allocate to each county, city, and city and county pursuant to paragraph (1) of subdivision (a) of, or paragraph (1) of subdivision (b) of, Section 17605.07, or Section 17605.10, the Controller shall allocate the revenues deposited in the Vehicle License Fee Growth Account to each county, city, and city and county, in the following manner: (1) The Controller shall determine the amount of sales tax growth in the 1996–97 fiscal year that exceeded the requirements of Section 17605 in the 1996–97 fiscal year. (2) The Controller shall determine the amount of sales tax growth allocated in the 1996–97 fiscal year to the County Medical Services Program Subaccount pursuant to paragraph (1) of subdivision (a) of Section 17605.07, and to the Indigent Health Equity, Community Health Equity, Mental Health Equity, State Hospital Mental Health Equity, General Growth, and Special Equity Subaccounts pursuant to Section 17605.10, as that section read on January 1, 2015. (3) The Controller shall compute percentages by dividing the amounts determined in paragraph (2) by the amount determined in paragraph (1). (4) For calculation purposes related to paragraph (5), the Controller shall apply the percentages determined in paragraph (3) to revenues in the Vehicle License Fee Growth Account to determine the amount of vehicle license fee growth revenues attributable to the County Medical Services Program Growth, Indigent Health Equity, Community Health Equity, Mental Health Equity, State Hospital Mental Health Equity, General Growth, and Special Equity Subaccounts. This paragraph shall not require the Controller to deposit vehicle license fee growth revenues into the subaccounts specified in this paragraph, and is solely for determining the distribution of vehicle license growth revenues to each county, city, and city and county. (5) Annually, the Controller shall allocate money to each county, city, and city and county, from revenues deposited in the Vehicle License Fee Growth Account in the Local Revenue Fund. These allocations shall be determined based on schedules developed by the Department of Finance pursuant to Section 17606.10, in consultation with the California State Association of Counties. The Controller shall allocate these funds within 45 days of receiving the schedules from the Department of Finance. (c) Notwithstanding subdivisions (a) and (b), for the 2016–17 fiscal year and through the 2018–19 fiscal year, the Controller shall allocate funds in the following amounts from the Vehicle License Fee Growth Account to the social services account of each county or city and county based on a schedule provided by the Department of Finance developed in consultation with the California Association of Counties: (1) (A) For the 2016–17, 2017–18, and 2018–19 fiscal years, 100 percent of the funding from the Vehicle License Fee Growth Account that would have been allocated to the mental health account and health account of each county or city and county pursuant to calculations specified in subdivision (b) of this section or paragraphs (1) and (2) of subdivision (f) of Section 17606.10. (B) For the 2016–17, 2017–18, and 2018–19 fiscal years, 100 percent of the funding from the Vehicle License Fee Growth Account that would have been allocated to the County Medical Services Program Growth Subaccount. (2) (A) The funding from the Vehicle License Fee Growth Account to be allocated to the social services account of each county or city and county pursuant to subparagraph (B) of paragraph (1) in each fiscal year, shall only be available for allocation to the counties that participate in the County Medical Services Program in that fiscal year. (B) If in any fiscal year in which the funds specified in subparagraph (A) are not fully allocated to the counties that participate in the County Medical Services Program, the remaining funds shall be available for allocation to counties that participate in the County Medical Services Program in the following fiscal year. (3) The redirection of funds in the Vehicle License Fee Growth Account to the social services subaccount described in paragraphs (1) and (2) shall not apply to the amount of Vehicle License Fee growth available for deposit into the Health and Mental Health Subaccounts for the Cities of Berkeley, Pasadena, Tri-City, and Long Beach. (4) The Controller shall allocate these funds within 14 days of receiving the schedules from the Department of Finance. (d) For the 2017–18 and 2018–19 fiscal years, the State Controller shall post a calculation of the Vehicle License Fee growth revenue that the Health, Mental Health, and County Medical Services Program Subaccounts would have otherwise received if subdivision (c) were not in effect. (Amended by Stats. 2019, Ch. 27, Sec. 115. (SB 80) Effective June 27, 2019.)
  3. 17608.05.

    ## 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 9. County Matching Fund Requirements [17608.05 - 17608.10] ( Article 9 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Counties, cities, and city and counties must make monthly local matching fund deposits for certain mental health funding, may limit those deposits to minimum federal maintenance-of-effort amounts with approval, and may not use certain lost expenditures for realignment if they opt out of using maintenance-of-effort 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 9. County Matching Fund Requirements [17608.05 - 17608.10] ( Article 9 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17608.05. (a) As a condition of deposit of funds from the Sales Tax Account of the Local Revenue Fund into a county’s local health and welfare trust fund mental health account, the county or city shall deposit each month local matching funds in accordance with a schedule developed by the State Department of Mental Health based on county or city standard matching obligations for the 1990–91 fiscal year for mental health programs. (b) A county, city, or city and county may limit its deposit of matching funds to the amount necessary to meet minimum federal maintenance of effort requirements, as calculated by the State Department of Health Care Services, subject to the approval of the Department of Finance. However, the amount of the reduction permitted by the limitation provided for by this subdivision shall not exceed twenty-five million dollars ($25,000,000) per fiscal year on a statewide basis. (c) Any county, city, or city and county that elects not to apply maintenance of effort funds for community mental health programs shall not use the loss of these expenditures from local mental health programs for realignment purposes. (Amended by Stats. 2015, Ch. 20, Sec. 50. (SB 79) Effective June 24, 2015.)
  4. 17608.10.

    ## 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 9. County Matching Fund Requirements [17608.05 - 17608.10] ( Article 9 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    A county or city must deposit general purpose revenues into the health account every month, in an amount tied to the schedule in the section, when the stated funding condition applies.

    ## 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 9. County Matching Fund Requirements [17608.05 - 17608.10] ( Article 9 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17608.10. As a condition of deposit of funds from the Sales Tax Account of the Local Revenue Fund into a county’s or city’s local health and welfare trust fund account, a county or city shall deposit county or city general purpose revenues into the health account each month equal to one-twelfth of the amounts set forth in the following schedule: Jurisdiction Amount Alameda ........................ $ 20,545,579 Alpine ........................ 21,465 Amador ........................ 278,460 Butte ........................ 724,304 Calaveras ........................ 0 Colusa ........................ 237,754 Contra Costa ........................ 10,114,331 Del Norte ........................ 44,324 El Dorado ........................ 704,192 Fresno ........................ 10,404,113 Glenn ........................ 58,501 Humboldt ........................ 589,711 Imperial ........................ 772,088 Inyo ........................ 561,262 Kern ........................ 7,623,407 Kings ........................ 466,273 Lake ........................ 118,222 Lassen ........................ 119,938 Los Angeles ........................ 159,324,707 Madera ........................ 81,788 Marin ........................ 1,196,515 Mariposa ........................ 0 Mendocino ........................ 347,945 Merced ........................ 858,484 Modoc ........................ 70,462 Mono ........................ 409,928 Monterey ........................ 3,367,970 Napa ........................ 546,957 Nevada ........................ 96,375 Orange ........................ 15,727,317 Placer ........................ 368,490 Plumas ........................ 66,295 Riverside ........................ 7,365,244 Sacramento ........................ 7,128,508 San Benito ........................ 0 San Bernardino ........................ 4,316,679 San Diego ........................ 4,403,290 San Francisco ........................ 39,363,076 San Joaquin ........................ 2,469,934 San Luis Obispo ........................ 1,359,837 San Mateo ........................ 6,786,043 Santa Barbara ........................ 3,794,166 Santa Clara ........................ 13,203,375 Santa Cruz ........................ 2,053,729 Shasta ........................ 184,049 Sierra ........................ 7,330 Siskiyou ........................ 287,627 Solano ........................ 115,800 Sonoma ........................ 438,234 Stanislaus ........................ 3,510,803 Sutter ........................ 674,240 Tehama ........................ 446,992 Trinity ........................ 292,662 Tulare ........................ 1,547,481 Tuolumne ........................ 305,830 Ventura ........................ 4,185,070 Yolo ........................ 1,081,388 Yuba ........................ 187,701 Berkeley ........................ 1,953,018 Long Beach ........................ 0 Pasadena ........................ 0 (Amended by Stats. 2015, Ch. 20, Sec. 51. (SB 79) Effective June 24, 2015.)
  5. 17609.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Money in a county health and welfare trust fund may be spent only on specified realignment-related mental health, public health, indigent health care, social services, and juvenile justice 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17609. Funds deposited into a county’s health and welfare trust fund accounts may be expended only for the purposes of providing those mental health, public health, indigent health care, social services, and juvenile justice programs transferred or otherwise financed pursuant to the realignment established under Chapters 89 and 91 of the Statutes of 1991. (Amended by Stats. 1991, Ch. 611, Sec. 107. Effective October 7, 1991.)
  6. 17609.01.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Money in the health account may be spent only on public health and indigent health care services, except where Section 17600.20 applies.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17609.01. Except as provided in Section 17600.20, funds deposited in the health account may be expended only for public health and indigent health care services. (Added by Stats. 1991, Ch. 611, Sec. 108. Effective October 7, 1991.)
  7. 17609.02.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Money in the family support account may be spent only for an increased county contribution toward CalWORKs costs, except as provided in Section 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17609.02. Except as provided in Section 17600.20, funds deposited in the family support account may be expended only to pay for an increased county contribution toward the costs of CalWORKs as those funds were allocated by the Department of Finance. (Added by Stats. 2013, Ch. 24, Sec. 18. (AB 85) Effective June 27, 2013.)
  8. 17609.05.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    Counties, cities, and city and counties must file annual trust fund deposit and disbursement reports with the Controller within 60 days after year-end.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17609.05. (a) Each county, city, or city and county shall file with the Controller annual reports of trust fund deposits and disbursements within 60 days after the end of the year. (b) The Controller shall verify deposits and notify appropriate state agencies upon request of deficits in deposits. The next scheduled allocations shall not be made until deposits are made accordingly. Reports shall be forwarded to the appropriate state department for expenditure verification, upon request. (Amended by Stats. 2020, Ch. 371, Sec. 32. (SB 1473) Effective January 1, 2021.)
  9. 17609.09.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    When distributions are made to counties, cities, or cities and counties, the Controller must provide a remittance advice with account and deposit information.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17609.09. Whenever a distribution is made to counties, cities, and cities and counties, the Controller shall provide a remittance advice, identifying the amounts that are provided from each account or subaccount in the Local Revenue Fund and identifying the account in the local health and welfare trust fund into which the funds shall be deposited. (Added by Stats. 1993, Ch. 728, Sec. 5. Effective October 4, 1993.)
  10. 17609.10.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. )

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    The Controller must charge actual administration costs to the Local Revenue Fund before other allocations, and the Department of Finance must review and approve those charges annually.

    ## 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 10. Expenditure Limitations and Reports [17609 - 17609.10] ( Article 10 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## 17609.10. The Controller shall charge actual administration costs for the implementation and maintenance of this part and subsequent related legislation to the Local Revenue Fund prior to all allocations. These charges shall be reviewed and approved annually by the Department of Finance. (Added by Stats. 1991, Ch. 611, Sec. 110. Effective October 7, 1991.)
  11. 1761.

    ## 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 must establish policies for background assessments of all persons 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1761. The Youth Authority shall establish policies for a background assessment of all persons committed to the Youth Authority in order to supplement the case history provided by the county which committed the person to it. (Repealed and added by Stats. 1988, Ch. 612, Sec. 2.)
  12. 17610.

    ## 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 11. Family Support Subaccount True-Up Process [17610 - 17611] ( Article 11 added by Stats. 2013, Ch. 24, Sec. 19. )

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    The Director of Finance must determine certain county allocation amounts, notify affected counties and the legislative budget committee, and trigger payment adjustments when needed.

    ## 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 11. Family Support Subaccount True-Up Process [17610 - 17611] ( Article 11 added by Stats. 2013, Ch. 24, Sec. 19. ) ## 17610. (a) In June 2016 and for every fiscal year thereafter, for every county or city and county that selected the option pursuant to paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) of Section 17600.50, the Director of Finance shall make a final determination of the amount of the allocation attributable to each county and city and county should have been pursuant to subdivision (d) of Section 17603 for the penultimate fiscal year. (b) The amount of the final determination amount for each county or city and county shall be subtracted from the amount attributable to each county or city and county that was actually transferred in the applicable fiscal year. This calculation shall be made at the same time as the final determination in subdivision (a). (c) The Director of Finance shall promptly notify every affected county or city and county and the Joint Legislative Budget Committee of the determinations made pursuant to subdivisions (a) and (b). (d) If the difference calculated in subdivision (b) is negative, the state shall pay the applicable county or city and county, the difference and those funds shall be deposited in that county’s or city and county’s health account of the local health and welfare trust fund. Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated to the Director of Finance the funds necessary to pay any amounts owed pursuant to this subdivision. (e) If the difference determined in subdivision (b) is positive, the applicable county or city and county shall pay the difference to the family support account within the health and welfare trust fund of that county or city and county. If within three months of receipt of the determination made in subdivision (b), the county or city and county has failed to make the payment, then the Director of Finance shall provide a supplemental schedule to the Controller to have 1.5 times the amount of the determination transferred from the next Health Subaccount allocations of the applicable county or city and county to the Family Support Subaccount until 1.5 times the amount owed has been deposited in the family support account. (f) Solely for the June 2016 final determination, the amount redirected pursuant to this article shall not exceed the amount determined for the county or city and county for the 2013–14 fiscal year under subdivision (c) of Section 17603, as that amount may have been reduced by the application of Section 17610.5. (Amended by Stats. 2013, Ch. 358, Sec. 14. (SB 98) Effective September 26, 2013.)
  13. 17611.

    ## 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 11. Family Support Subaccount True-Up Process [17610 - 17611] ( Article 11 added by Stats. 2013, Ch. 24, Sec. 19. )

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    The Director of Finance must make yearly final allocation determinations by January 10 and notify affected counties and the Joint Legislative Budget Committee; the Controller must adjust only the amounts needed to reconcile prior-year underpayment or overpayment to the Family Support Subaccount.

    ## 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 11. Family Support Subaccount True-Up Process [17610 - 17611] ( Article 11 added by Stats. 2013, Ch. 24, Sec. 19. ) ## 17611. (a) On or before January 10 following the end of each fiscal year, for every county subject to subdivision (a) or (d) or that selected the option pursuant to paragraph (2) of subdivision (b), or paragraph (2) of subdivision (c), of Section 17600.50, the Director of Finance shall make a final determination of how much the allocation attributable to each county and city and county should have been pursuant to subdivision (d) of Section 17603 for the prior fiscal year. This determination shall be based on the sharing ratios provided in Section 17600.50. (b) The amount of the final determination amount for each county or city and county shall be subtracted from the amount attributable to each county or city and county that was actually transferred in the applicable fiscal year. (c) At the same time the Director of Finance makes the determination in subdivision (a), the director shall adjust the schedules provided to the Controller pursuant to subdivision (d) of Section 17603. Notwithstanding Section 17603, the Controller shall only adjust amounts payable by the County Medical Services Program in order to reconcile underpayment or overpayment made to the Family Support Subaccount by the County Medical Services Program and counties participating in the County Medical Services Program in the preceding fiscal year. (d) The Director of Finance shall notify every affected county and the Joint Legislative Budget Committee of the determinations made pursuant to subdivisions (a) and (b). (Added by Stats. 2013, Ch. 24, Sec. 19. (AB 85) Effective June 27, 2013.)
  14. 17612.1.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    For certain public hospital health system counties, a monthly share of 1991 health realignment funds must be deposited into the Family Support Subaccount, and the yearly total cannot exceed the redirected amount under Section 17612.3.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.1. (a) For the 2013–14 fiscal year and each fiscal year thereafter, for each public hospital health system county that selected the option in paragraph (1) of subdivision (c) of Section 17600.50, the total amount that would be payable for the fiscal year from 1991 health realignment funds under Section 17603, as it read on January 1, 2012, Section 17604, as it read on August 1, 2017, Section 17606.20, as it read on August 1, 2019, and Section 17606.10, as it read on July 1, 2013, and deposited by the Controller into the local health and welfare trust fund health account of the county in the absence of this section shall be determined. (b) The redirected amount determined for the public hospital health system county pursuant to Section 17612.3 shall be divided by the total determined in subdivision (a), except that, with respect to the County of Los Angeles, the redirected amount shall be determined by taking into account the adjustments required in Section 17612.5. (c) The resulting fraction determined in subdivision (b) shall be the percentage of 1991 health realignment funds under Section 17603, as it read on January 1, 2012, Section 17604, as it read on August 1, 2017, Section 17606.20, as it read on August 1, 2019, and Section 17606.10, as it read on July 1, 2013, to be deposited each month into the Family Support Subaccount. (d) The total amount deposited into the Family Support Subaccount under subdivision (c) with respect to a public hospital health system county for a fiscal year shall not exceed the redirected amount determined pursuant to Section 17612.3, and shall be subject to the appeal processes and judicial review, as described in subdivision (d) of Section 17612.3. (e) The Legislature finds and declares that this article is not intended to change the local obligation pursuant to Section 17000. (Amended by Stats. 2019, Ch. 67, Sec. 11. (SB 104) Effective July 9, 2019.)
  15. 17612.2.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    This section defines terms used to calculate county public hospital funding and cost-containment 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.2. For purposes of this article, the following definitions shall apply: (a) “Adjusted patient day” means a county public hospital health system’s total number of patient census days, as defined by the Office of Statewide Health Planning and Development, multiplied by the following fraction: the numerator that is the sum of the county public hospital health system’s total gross revenue for all services provided to all patients, including nonhospital services, and the denominator that is the sum of the county public hospital health system’s gross inpatient revenue. The adjusted patient days shall pertain to those services that are provided by the county public hospital health system and shall exclude services that are provided by contract or out-of-network clinics or hospitals. (b) “Base year” means the fiscal year ending three years prior to the fiscal year for which the redirected amount is calculated. (c) “Blended CPI trend factor” means the blended percent change applicable for the fiscal year that is derived from the nonseasonally adjusted Consumer Price Index for All Urban Consumers (CPI-U), United States City Average, for Hospital and Related Services, weighted at 75 percent, and for Medical Care Services, weighted at 25 percent, all as published by the United States Bureau of Labor Statistics, computed as follows: (1) For each prior fiscal year within the period to be trended through the current fiscal year, the annual average of the monthly index amounts shall be determined separately for the Hospital and Related Services Index and the Medical Care Services Index. (2) The year-to-year percentage changes in the annual averages determined in paragraph (1) for each of the Hospital and Related Services Index and the Medical Care Services Index shall be calculated. (3) A weighted average annual percentage change for each year-to-year period shall be calculated from the determinations made in paragraph (2), with the percentage changes in the Hospital and Related Services Index weighted at 75 percent, and the percentage changes in the Medical Care Services Index weighted at 25 percent. The resulting average annual percentage changes shall be expressed as a fraction, and increased by 1.00. (4) The product of the successive year-to-year amounts determined in paragraph (3) shall be the blended CPI trend factor. (d) “Cost containment limit” means the public hospital health system county’s Medi-Cal costs and uninsured costs determined for the 2014–15 fiscal year and each subsequent fiscal year, adjusted as follows: (1) Notwithstanding paragraphs (2) to (4), inclusive, at the public hospital health system county’s option, it shall be deemed to comply with the cost containment limit if the county demonstrates that its total health care costs, including nursing facility, mental health, and substance use disorder services, that are not limited to Medi-Cal and uninsured patients, for the fiscal year did not exceed its total health care costs in the base year, multiplied by the blended CPI trend factor for the fiscal year. A county electing this option shall elect by November 1 following the end of the fiscal year, and submit its supporting reports for meeting this requirement, including the annual report of financial transactions required to be submitted to the Controller pursuant to Section 53891 of the Government Code. (2) (A) The public hospital health system county’s Medi-Cal costs, uninsured costs, and other entity intergovernmental transfer amounts for the fiscal year shall be added together. Medi-Cal costs, uninsured costs, and other entity intergovernmental transfer amounts for purposes of this paragraph are as defined in subdivisions (q), (t), and (y) for the relevant fiscal period. (B) The public hospital health system county’s Medi-Cal costs, uninsured costs, and imputed other entity intergovernmental transfer amounts for the base year shall be added together and multiplied by the blended CPI trend factor. The base year costs used shall not reflect any adjustments under this subdivision. (C) The fiscal year amount determined in subparagraph (A) shall be compared to the trended amount in subparagraph (B). If the amount in subparagraph (B) exceeds the amount in subparagraph (A), the public hospital health system county shall be deemed to have satisfied the cost containment limit. If the amount in subparagraph (A) exceeds the amount in subparagraph (B), the calculation in paragraph (3) shall be performed. (3) (A) If the number of adjusted patient days of service provided by the county public hospital health system for the fiscal year exceeds its number of adjusted patient days of service rendered in the base year by at least 10 percent, the excess adjusted patient days above the base year for the fiscal year shall be multiplied by the cost per adjusted patient day of the county public hospital health system for the base year. The result shall be added to the trended base year amount determined in subparagraph (B) of paragraph (2), yielding the applicable cost containment limit, subject to paragraph (4). (B) If the number of adjusted patient days of service provided by a county’s public hospital health system for the fiscal year does not exceed its number of adjusted patient days of service rendered in the base year by 10 percent, the applicable cost containment limit is the trended base year amount determined in subparagraph (B) of paragraph (2), subject to paragraph (4). (4) If a public hospital health system county’s costs, as determined in subparagraph (A) of paragraph (2), exceeds the amount determined in subparagraph (B) of paragraph (2), as adjusted by paragraph (3), the portion of the following cost increases incurred in providing services to Medi-Cal beneficiaries and uninsured patients shall be added to and reflected in any cost containment limit: (A) Electronic health records and related implementation and infrastructure costs. (B) Costs related to state or federally mandated activities, requirements, or benefit changes. (C) Costs resulting from a court order or settlement. (D) Costs incurred in response to seismic concerns, including costs necessary to meet facility seismic standards. (E) Costs incurred as a result of a natural disaster or act of terrorism. (5) If a public hospital health system county’s costs, as determined in subparagraph (A) of paragraph (2), exceeds the amount determined in subparagraph (B) of paragraph (2) as adjusted by paragraphs (3) and (4), the county may request that the department consider other costs as adjustments to the cost containment limit, including, but not limited to, transfer amounts in excess of the imputed other entity intergovernmental transfer amount trended by the blended CPI trend factor, costs related to case mix index increases, pension costs, expanded medical education programs, increased costs in response to delivery system changes in the local community, and system expansions, including capital expenditures necessary to ensure access to and the quality of health care. Costs approved by the department shall be added to and reflected in any cost containment limit. (e) “County indigent care health realignment amount” means the product of the health realignment amount times the health realignment indigent care percentage, as computed on a county-specific basis. (f) “County public hospital health system” means a designated public hospital identified in paragraphs (6) to (20), inclusive, and paragraph (22) of subdivision (d) of Section 14166.1, and its affiliated governmental entity clinics, practices, and other health care providers that do not provide predominantly public health services. A county public hospital health system does not include a health care service plan, as defined in subdivision (f) of Section 1345 of the Health and Safety Code. The Alameda Health System and County of Alameda shall be considered affiliated governmental entities. (g) “Department” means the State Department of Health Care Services. (h) “Health realignment amount” means the amount that, in the absence of this article, would be payable to a public hospital health system county under Section 17603, as it read on January 1, 2012, Section 17604, as it read on August 1, 2017, Section 17606.20, as it read on August 1, 2019, and Section 17606.10, as it read on July 1, 2013, for the fiscal year that is deposited by the Controller into the local health and welfare trust fund health account of the public hospital health system county. (i) “Health realignment indigent care percentage” means the county-specific percentage determined in accordance with the following, and established in accordance with the procedures described in subdivision (c) of Section 17612.3. (1) Each public hospital health system county shall identify the portion of that county’s health realignment amount that was used to provide health services to the indigent, including Medi-Cal beneficiaries and the uninsured, for each of the historical fiscal years along with verifiable data in support thereof. (2) The amounts identified in paragraph (1) shall be expressed as a percentage of the health realignment amount of that county for each historical fiscal year. (3) The average of the percentages determined in paragraph (2) shall be the county’s health realignment indigent care percentage. (4) To the extent a county does not provide the information required in paragraph (1) or the department determines that the information provided is insufficient, the amount under this subdivision shall be 85 percent. (j) “Historical fiscal years” means the state 2008–09 to 2011–12, inclusive, fiscal years. (k) “Hospital fee direct grants” means the direct grants described in Section 14169.7 that are funded by the Private Hospital Quality Assurance Fee Act of 2011 (Article 5.229 (commencing with Section 14169.31) of Chapter 7 of Part 3), or direct grants made in support of health care expenditures funded by a successor statewide hospital fee program. (l) “Imputed county low-income health amount” means the predetermined, county-specific amount of county general purpose funds assumed, for purposes of the calculation in Section 17612.3, to be available to the county public hospital health system for services to Medi-Cal and uninsured patients. County general purpose funds shall not include any other revenues, grants, or funds otherwise defined in this section. The imputed county low-income health amount shall be determined as follows and established in accordance with subdivision (c) of Section 17612.3: (1) For each of the historical fiscal years, an amount determined to be the annual amount of county general fund contribution provided for health services to Medi-Cal beneficiaries and the uninsured, which does not include funds provided for nursing facility, mental health, and substance use disorder services, shall be determined through methodologies described in subdivision (ab). (2) If a year-to-year percentage increase in the amount determined in paragraph (1) was present, an average annual percentage trend factor shall be determined. (3) The annual amounts determined in paragraph (1) shall be averaged, and multiplied by the percentage trend factor, if applicable, determined in paragraph (2), for each fiscal year after the 2011–12 fiscal year through the applicable fiscal year. However, if the percentage trend factor determined in paragraph (2) is greater than the applicable percentage change for any year of the same period in the blended CPI trend factor, the percentage change in the blended CPI trend factor for that year shall be used. The resulting determination is the imputed county low-income health amount for purposes of Section 17612.3. (m) “Imputed gains from other payers” means the predetermined, county-specific amount of revenues in excess of costs generated from all other payers for health services that is assumed to be available to the county public hospital health system for services to Medi-Cal and uninsured patients, which shall be determined as follows and established in accordance with subdivision (c) of Section 17612.3: (1) For each of the historical fiscal years, the gains from other payers shall be determined in accordance with methodologies described in subdivision (ab). (2) The amounts determined in paragraph (1) shall be averaged, yielding the imputed gains from other payers. (n) “Imputed other entity intergovernmental transfer amount” means the predetermined average historical amount of the public hospital health system county’s other entity intergovernmental transfer amount, determined as follows and established in accordance with subdivision (c) of Section 17612.3: (1) For each of the historical fiscal years, the other entity intergovernmental transfer amount shall be determined based on the records of the public hospital health system county. (2) The annual amounts in paragraph (1) shall be averaged. (o) “Medicaid demonstration revenues” means payments paid or payable to the county public hospital health system for the fiscal year pursuant to the Special Terms and Conditions of the federal Medicaid demonstration project authorized under Section 1115 of the federal Social Security Act entitled the “Bridge to Health Care Reform” (waiver number 11-W-00193/9), for uninsured care services from the safety net care pool or as incentive payments from the delivery system reform improvement pool, or pursuant to mechanisms that provide funding for similar purposes under the subsequent demonstration project. Medicaid demonstration revenues do not include the nonfederal share provided by county public hospital health systems as certified public expenditures, and are reduced by any intergovernmental transfer by county public hospital health systems or affiliated governmental entities that is for the nonfederal share of Medicaid demonstration payments to the county public hospital health system or payments to a Medi-Cal managed care plan for services rendered by the county public hospital health system, and any related fees imposed by the state on those transfers; and by any reimbursement of costs, or payment of administrative or other processing fees imposed by the state relating to payments or other Medicaid demonstration program functions. Medicaid demonstration revenues shall not include safety net care pool revenues for nursing facility, mental health, and substance use disorder services, as determined from the pro rata share of eligible certified public expenditures for such services, or revenues that are otherwise included as Medi-Cal revenues. (p) “Medi-Cal beneficiaries” means individuals eligible to receive benefits under Chapter 7 (commencing with Section 14000) of Part 3, except for: individuals who are dual eligibles, as defined in paragraph (4) of subdivision (c) of Section 14132.275, and individuals for whom Medi-Cal benefits are limited to cost sharing or premium assistance for Medicare or other insurance coverage, as described in Section 1396d(a) of Title 42 of the United States Code. (q) “Medi-Cal costs” means the costs incurred by the county public hospital health system for providing Medi-Cal services to Medi-Cal beneficiaries during the fiscal year, which shall be determined in a manner consistent with the cost claiming protocols developed for Medi-Cal cost-based reimbursement for public providers and under Section 14166.8, and, in consultation with each county, shall be based on other cost reporting and statistical data necessary for an accurate determination of actual costs, as required in Section 17612.4. Medi-Cal costs shall include all fee-for-service and managed care hospital and nonhospital components, managed care out-of-network costs, and related administrative costs. The Medi-Cal costs determined under this paragraph shall exclude costs incurred for nursing facility, mental health, and substance use disorder services. (r) “Medi-Cal revenues” means total amounts paid or payable to the county public hospital health system for medical services provided under the Medi-Cal State Plan that are rendered to Medi-Cal beneficiaries during the state fiscal year, and shall include payments from Medi-Cal managed care plans for services rendered to Medi-Cal managed care plan members, Medi-Cal copayments received from Medi-Cal beneficiaries, but only to the extent actually received, supplemental payments for Medi-Cal services, and Medi-Cal disproportionate share hospital payments for the state fiscal year, but shall exclude Medi-Cal revenues paid or payable for nursing facility, mental health, and substance use disorder services. Medi-Cal revenues do not include the nonfederal share provided by county public hospital health systems as certified public expenditures. Medi-Cal revenues shall be reduced by all of the following: (1) Intergovernmental transfers by the county public hospital health system or its affiliated governmental entities that are for the nonfederal share of Medi-Cal payments to the county public hospital health system, or Medi-Cal payments to a Medi-Cal managed care plan for services rendered by the county public hospital health system for the fiscal year. (2) Related fees imposed by the state on the transfers specified in paragraph (1). (3) Administrative or other fees, payments, or transfers imposed by the state, or voluntarily provided by the county public hospital health systems or affiliated governmental entities, relating to payments or other Medi-Cal program functions for the fiscal year. (s) “Newly eligible beneficiaries” means individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(I)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(I)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)) such that expenditures for services provided to the individual are eligible for the enhanced federal medical assistance percentage described in that section. (t) “Other entity intergovernmental transfer amount” means the amount of intergovernmental transfers by a county public hospital health system or affiliated governmental entities, and accepted by the department, that are for the nonfederal share of Medi-Cal payments or Medicaid demonstration payments for the fiscal year to any Medi-Cal provider other than the county public hospital health system, or to a Medi-Cal managed care plan for services rendered by those other providers, and any related fees imposed by the state on those transfers. (u) “Public hospital health system county” means a county in which a county public hospital health system is located. (v) “Redirected amount” means the amount to be redirected in accordance with Section 17612.1, as calculated pursuant to subdivision (a) of Section 17612.3. (w) “Special local health funds” means the amount of the following county funds received by the county public hospital health system for health services during the fiscal year: (1) Assessments and fees restricted for health-related purposes. The amount of the assessment or fee for this purpose shall be the greater of subparagraph (A) or (B). If, because of restrictions and limitations applicable to the assessment or fee, the county public hospital health system cannot expend this amount, this amount shall be reduced to the amount actually expended. (A) The amount of the assessment or fee expended by the county public hospital health system for the provision of health services to Medi-Cal and uninsured beneficiaries during the fiscal year. (B) The amount of the assessment or fee multiplied by the average of the percentages of the amount of assessment or fees that were allocated to and expended by the county public hospital health system for health services to Medi-Cal and uninsured beneficiaries during the historical fiscal years. The percentages for the historical fiscal years shall be determined by dividing the amount allocated in each fiscal year as described in subparagraphs (B) and (C) of paragraph (2) of subdivision (ab) by the actual amount of assessment or fee expended in the fiscal year. (2) Funds available pursuant to the Master Settlement Agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers during a fiscal year. The amount of the tobacco settlement funds that may be used for this purpose shall be the greater of subparagraph (A) or (B), less any bond payments and other costs of securitization related to the funds described in this paragraph. (A) The amount of the funds expended by the county public hospital health system for the provision of health services to Medi-Cal and uninsured beneficiaries during the fiscal year. (B) The amount of the tobacco settlement funds multiplied by the average of the percentages of the amount of tobacco settlement funds that were allocated to and expended by the county public hospital health system for health services to Medi-Cal and uninsured beneficiaries during the historical fiscal years. The percentages for the historical fiscal years shall be determined by dividing the amount allocated in each fiscal year as described in subparagraphs (B) and (C) of paragraph (2) of subdivision (ab) by the actual amount of tobacco settlement funds expended in the fiscal year. (x) “Subsequent demonstration project” means the federally approved Medicaid demonstration project implemented after the termination of the federal Medicaid demonstration project authorized under Section 1115 of the federal Social Security Act entitled the “Bridge to Health Care Reform” (waiver number 11-W-00193/9), the extension of that demonstration project, or the material amendment to that demonstration project. (y) “Uninsured costs” means the costs incurred by the public hospital health system county and its affiliated government entities for purchasing, providing, or ensuring the availability of services to uninsured patients during the fiscal year. Uninsured costs shall be determined in a manner consistent with the cost claiming protocols developed for the federal Medicaid demonstration project authorized under Section 1115 of the federal Social Security Act entitled the “Bridge to Health Care Reform” (waiver number 11-W-00193/9), including protocols pending federal approval, and under Section 14166.8, and, in consultation with each county, shall be based on any other cost reporting and statistical data necessary for an accurate determination of actual costs incurred. For this purpose, no reduction factor applicable to otherwise allowable costs under the demonstration project or the subsequent demonstration project shall apply. Uninsured costs shall exclude costs for nursing facility, mental health, and substance use disorder services. (z) “Uninsured patients” means individuals who have no source of third-party coverage for the specific service furnished, as further defined in the reporting requirements established pursuant to Section 17612.4. (aa) “Uninsured revenues” means self-pay payments made by or on behalf of uninsured patients to the county public hospital health system for the services rendered in the fiscal year, but shall exclude revenues received for nursing facility, mental health, and substance use disorder services. Uninsured revenues do not include the health realignment amount or imputed county low-income health amount and shall not include any other revenues, grants, or funds otherwise defined in this section. (ab) “Historical allocation” means the allocation for the amounts in the historical years described in subdivisions (l), (m), and (w) for health services to Medi-Cal beneficiaries and uninsured patients. The allocation of those amounts in the historical years shall be done in accordance with a process to be developed by the department, in consultation with the counties, which includes the following required parameters: (1) For each of the historical fiscal years, the Medi-Cal costs, uninsured costs, and costs of other entity intergovernmental transfer amounts, as defined in subdivisions (q), (t), and (y), and the Medicaid demonstration, Medi-Cal and uninsured revenues, and hospital fee direct grants with respect to the services as defined in subdivisions (k), (o), (r), and (aa), shall be determined. For these purposes, Medicaid demonstration revenues shall include applicable payments as described in subdivision (o) paid or payable to the county public hospital health system under the prior demonstration project defined in subdivision (c) of Section 14166.1, under the Low Income Health Program (Part 3.6 (commencing with Section 15909)), and under the Health Care Coverage Initiative (Part 3.5 (commencing with Section 15900)), none of which shall include the nonfederal share of the Medicaid demonstration payments. The revenues shall be subtracted from the costs, yielding the initial low-income shortfall for each of the historical fiscal years. (2) The following shall be applied in sequential order against, but shall not exceed in the aggregate, the initial low-income shortfall determined in paragraph (1) for each of the historical fiscal years: (A) First, the county indigent care health realignment amount shall be applied 100 percent against the initial low-income shortfall. (B) Second, special local health funds specifically restricted for indigent care shall be applied 100 percent against the initial low-income shortfall. (C) Third, the sum of clauses (iv), (v), and (vi). Clause (iv) is the special local health funds, as defined in subdivision (w) and not otherwise identified as restricted special local health funds under subparagraph (B), clause (v) is the imputed county low-income health amount defined in subdivision (l), and clause (vi) is the one-time and carry-forward revenues as defined in subdivision (aj), all allocated to the historical low-income shortfall. These amounts shall be calculated as follows: (i) Determine the sum of the special local health funds, as defined in subdivision (w) and not otherwise identified as restricted special local health funds under subparagraph (B), the imputed county low-income health amount defined in subdivision (l), and one-time and carry-forward revenues, as defined in subdivision (aj). (ii) Divide the historical total shortfall defined in subdivision (ah) by the sum in clause (i) to get the historical usage of funds percentage defined in subdivision (ai). If this calculation produces a percentage above 100 percent in a given historical fiscal year, then the historical usage of funds percentage in that historical fiscal year shall be deemed to be 100 percent. (iii) Multiply the historical usage of funds percentage defined in subdivision (ai) and calculated in clause (ii) by each of the following funds: (I) Special local health funds, as defined in subdivision (w) and not otherwise identified as restricted special local health funds under subparagraph (B). (II) The imputed county low-income health amount defined in subdivision (l). (III) One-time and carry-forward revenues as defined in subdivision (aj). (iv) Multiply the product of subclause (I) of clause (iii) by the historical low-income shortfall percentage defined in subdivision (af) to determine the amount of special local health funds, as defined in subdivision (w) and not otherwise identified as restricted special local health funds under subparagraph (B), allocated to the historical low-income shortfall. (v) Multiply the product of subclause (II) of clause (iii) by the historical low-income shortfall percentage defined in subdivision (af) to determine the amount of the imputed county low-income health amount defined in subdivision (l) allocated to the historical low-income shortfall. (vi) Multiply the product of subclause (III) of clause (iii) by the historical low-income shortfall percentage defined in subdivision (af) to determine the amount of one-time and carry-forward revenues as defined in subdivision (aj) allocated to the historical low-income shortfall. (D) Finally, to the extent that the process above does not result in completely allocating revenues up to the amount necessary to address the initial low-income shortfall in the historical years, gains from other payers shall be allocated to fund those costs only to the extent that such other payer gains exist. (ac) “Gains from other payers” means the county-specific amount of revenues in excess of costs generated from all other payers for health services. For purposes of this subdivision, patients with other payer coverage are patients who are identified in all other financial classes, including, but not limited to, commercial coverage and dual eligible, other than allowable costs and associated revenues for Medi-Cal and the uninsured. (ad) “New mandatory other entity intergovernmental transfer amounts” means other entity intergovernmental transfer amounts required by the state after July 1, 2013. (ae) “Historical low-income shortfall” means, for each of the historical fiscal years described in subdivision (j), the initial low-income shortfall for Medi-Cal and uninsured costs determined in paragraph (1) of subdivision (ab), less amounts identified in subparagraphs (A) and (B) of paragraph (2) of subdivision (ab). (af) “Historical low-income shortfall percentage” means, for each of the historical fiscal years described in subdivision (j), the historical low-income shortfall described in subdivision (ae) divided by the historical total shortfall described in subdivision (ah). (ag) “Historical other shortfall” means, for each of the historical fiscal years described in subdivision (j), the shortfall for all other types of costs incurred by the public hospital health system that are not Medi-Cal or uninsured costs, and is determined as total costs less total revenues, excluding any costs and revenue amounts used in the calculation of the historical low-income shortfall, and also excluding those costs and revenues related to mental health and substance use disorder services. If the amount of historical other shortfall in a given historical fiscal year is less than zero, then the historical other shortfall for that historical fiscal year shall be deemed to be zero. (ah) “Historical total shortfall” means, for each of the historical fiscal years described in subdivision (j), the sum of the historical low-income shortfall described in subdivision (ae) and the historical other shortfall described in subdivision (ag). (ai) “Historical usage of funds percentage” means, for each of the historical fiscal years described in subdivision (j), the historical total shortfall described in subdivision (ah) divided by the sum of special local health funds as defined in subdivision (w) and not otherwise identified as restricted special local health funds under subparagraph (B) of paragraph (2) of subdivision (ab), the imputed county low-income health amount defined in subdivision (l), and one-time and carry-forward revenues, as defined in subdivision (aj). If this calculation produces a percentage above 100 percent in a given historical fiscal year, then the historical usage of funds percentage in that historical fiscal year shall be deemed to be 100 percent. (aj) “One-time and carry-forward revenues” mean, for each of the historical fiscal years described in subdivision (j), revenues and funds that are not attributable to services provided or obligations in the applicable historical fiscal year, but were available and utilized during the applicable historical fiscal year by the public hospital health system. (Amended by Stats. 2019, Ch. 67, Sec. 12. (SB 104) Effective July 9, 2019.)
  16. 17612.3.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    This section sets how each public hospital health system county’s redirected amount is calculated, and it requires county, department, and committee steps for determinations and appeals.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.3. (a) For each fiscal year, commencing with the 2013–14 fiscal year, the amount to be redirected in accordance with Section 17612.1 shall be determined for each public hospital health system county as follows: (1) The public hospital health system county’s revenues and other funds paid or payable for the state fiscal year shall be comprised of the total of the following: (A) Medi-Cal revenues. (B) Uninsured revenues. (C) Medicaid demonstration revenues. (D) Hospital fee direct grants. (E) Special local health funds. (F) The county indigent care health realignment amount. (G) The imputed county low-income health amount. (H) Imputed gains from other payers. (I) The amount by which the public hospital health system county’s costs exceeded the cost containment limit for the fiscal year, expressed as a negative number, multiplied by 0.50. (2) The following, incurred by the public hospital health system county for the fiscal year, not to exceed in total the cost containment limit, shall be subtracted from the sum in paragraph (1): (A) Medi-Cal costs. (B) Uninsured costs. (C) The lesser of the other entity intergovernmental transfer amount or the imputed other entity intergovernmental transfer amounts. (D) New mandatory other entity intergovernmental transfer amounts. (3) The resulting amount determined in paragraph (2) shall be multiplied by 0.80, except that for the 2013–14 fiscal year the resulting amount determined in paragraph (2) shall be multiplied by 0.70. (4) If the amount in paragraph (3) is a positive number, that amount, subject to paragraph (5), shall be redirected in accordance with Section 17612.1, except that for the 2013–14 fiscal year the amount to be redirected shall not exceed the amount determined for the county for the 2013–14 fiscal year under subdivision (c) of Section 17603, as that amount may have been reduced by the application of Section 17610.5. If the amount determined in paragraph (3) is a negative number, the redirected amount shall be zero. (5) Notwithstanding any other law, the amount to be redirected as determined in paragraph (4) for any fiscal year shall not exceed the county indigent care health realignment amount for that fiscal year. (6) (A) The redirected amount shall be applied until the later of the following: (i) June 30, 2023. (ii) The beginning of the fiscal year following a period of two consecutive fiscal years in which both of the following occur: (I) The total interim amount determined under subdivision (b) in May of the previous fiscal year is within 10 percent of the final, reconciled amount in subdivision (d). (II) The final, reconciled amounts under subdivision (d) are within 5 percent of each other. (B) After the redirected amount ceases as provided in subparagraph (A), a permanent redirected amount shall be established to be an amount determined by calculating the percentage that the redirected amount was in the last fiscal year of the operation of this article of the county’s health realignment amount of that same fiscal year, multiplied by the county’s health realignment amount of all subsequent years. (b) Commencing with the 2014–15 fiscal year, the department shall calculate an interim redirected amount for each public hospital health system county under subdivision (a) by the January immediately prior to the starting fiscal year, using the most recent and accurate data available. For purposes of the interim determinations, the cost containment limit shall not be applied. The interim redirected amount shall be updated in the May before the start of the fiscal year in consultation with each public hospital health system county and based on any more recent and accurate data available at that time. During the fiscal year, the interim redirected amount will be applied pursuant to Section 17612.1. (c) The predetermined amounts or historical percentages described in subdivisions (i), (l), (m), (n), and (w) of Section 17612.2 shall each be established in accordance with the following procedure: (1) By October 31, 2013, each public hospital health system county shall determine the amount or percentage described in the applicable subdivision, and shall provide this calculation to the department, supported by verifiable data and a description of how the determination was made. (2) If the department disagrees with the public hospital health system county’s determination, the department shall confer with the public hospital health system county by December 15, 2013, and shall issue its determination by January 31, 2014. (3) If no agreement between the parties has been reached by January 31, 2014, the department shall apply the county’s determination when making the interim calculations pursuant to subdivision (b), until a decision is issued pursuant to paragraph (6). (4) If no agreement between the parties has been reached by January 31, 2014, the public hospital health system county shall submit a petition by February 28, 2014, to the County Health Care Funding Resolution Committee, established pursuant to Section 17600.60, to seek a decision regarding the historical percentage or amount to be applied in calculations under this section. (5) The County Health Care Funding Resolution Committee shall hear and make a determination as to whether the county’s proposed percentage or amount complies with the requirements of this section taking into account the data and calculations of the county and any alternative data and calculations submitted by the department. (6) The committee shall issue its final determination within 45 days of the petition. If the county chooses to contest the final determination, the final determination of the committee will be applied for purposes of any interim calculation under subdivision (b) until a final decision is issued pursuant to de novo administrative review pursuant to paragraph (2) of subdivision (d). (d) (1) The data for the final calculations under subdivision (a) for the fiscal year shall be submitted by public hospital health system counties within 12 months after the conclusion of each fiscal year as required in Section 17612.4. The data shall be the most recent and accurate data from the public hospital health system county’s books and records pertaining to the revenues paid or payable, and the costs incurred, for services provided in the subject fiscal year. After consulting with the county, the department shall make final calculations using the data submitted pursuant to this paragraph by December 15 of the following fiscal year, and shall provide its final determination to the county. The final determination will also reflect the application of the cost containment limit, if any. If the county and the department agree, a revised recalculation and reconciliation may be completed by the department within six months thereafter. (2) The director shall establish an expedited formal appeal process for a public hospital health system county to contest final determinations made under this article. No appeal shall be available for interim determinations made under subdivision (b). The appeals process shall include all of the following: (A) The public hospital health system county shall have 30 calendar days, following the issuance of a final determination made under paragraph (6) of subdivision (c) or paragraph (1) of this subdivision, to file an appeal with the Director of Health Care Services. All appeals shall be governed by Section 100171 of the Health and Safety Code, except for those provisions of paragraph (1) of subdivision (d) of Section 100171 of the Health and Safety Code relating to accusations, statements of issues, statement to respondent, and notice of defense, and except as otherwise set forth in this section. All appeals shall be in writing and shall be filed with the State Department of Health Care Service’s Office of Administrative Hearings and Appeals. An appeal shall be deemed filed on the date it is received by the Office of Administrative Hearings and Appeals. (i) An appeal shall specifically set forth each issue in dispute, which may include any component of the determination, and include the public hospital health system county’s contentions as to those issues. A formal hearing before an Office of Administrative Hearings and Appeals Administrative Law Judge shall commence within 60 days of the filing of the appeal requesting a formal hearing. A final decision under this paragraph shall be adopted no later than six months following the filing of the appeal. (ii) If the public hospital health system county fails to file an appeal within 30 days of the issuance of a determination made under this section, the determination of the department shall be deemed final and not appealable either administratively or to a court of general jurisdiction, except that a county may elect to appeal a determination under subdivision (c) within 30 days of the issuance of the County Health Care Funding Resolution Committee’s final determination under paragraph (6) of subdivision (c) or as a component of an appeal of the department’s final determination under paragraph (1) of this subdivision for the 2013–14 fiscal year. (B) If a final decision under this paragraph is not issued by the department within two years of the last day of the subject fiscal year, the public hospital health system county shall be deemed to have exhausted its administrative remedies and shall not be precluded from pursuing any available judicial review. However, the time period in this subdivision shall be extended by either of the following: (i) Undue delay caused by the public hospital health system county. (ii) An extension of time granted to a public hospital health system county at its sole request, or following the joint request of the public hospital health system county and the department. (C) If the final decision issued by the department pursuant to this paragraph results in a different determination than that originally determined by the department, then the Department of Finance shall adjust the original determination by that amount, pursuant to a process developed by the Department of Finance and in consultation with the public hospital health system counties. (e) For purposes of this article, all references to “health services” or “health care services,” unless specified otherwise, shall exclude nursing facility, mental health, and substance use disorder services. (Amended by Stats. 2014, Ch. 71, Sec. 204. (SB 1304) Effective January 1, 2015.)
  17. 17612.4.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    Counties that joined the County Savings Determination Process must submit initial and final cost-and-revenue reports to the department on set deadlines, and each report must include a certification by a local public official.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.4. (a) Beginning with the 2013–14 state fiscal year, each county that has elected to participate in the County Savings Determination Process shall, within five months after the end of each fiscal year, submit initial reports including all of the following: (1) All revenue data required for the operation of Section 17612.3, including all of the following: (A) Medi-Cal revenues. (B) Uninsured revenues. (C) Medicaid demonstration revenues. (D) Hospital fee direct grants. (E) Special local health funds. (2) All cost data required for the operation of Section 17612.3, including all of the following: (A) Medi-Cal costs. (B) Uninsured costs. (C) Other entity intergovernmental transfer amounts. (D) New mandatory other entity intergovernmental transfer amounts. (b) Notwithstanding paragraph (2) of subdivision (a), a county that reports data to the department pursuant to Section 14166.8 is only required to report cost data under this section to the extent not already reported to the department pursuant to Section 14166.8 for a given fiscal year. (c) Counties shall submit final reports of cost and revenue data identified in paragraphs (1) and (2) of subdivision (a) to the department for each fiscal year no later than June 30 of the fiscal year ending one year after the subject fiscal year. (d) The department shall develop, in consultation with counties, the methodologies used to determine the costs and revenues required to be reported and the format of those submissions. (e) Reports submitted under this section shall be accompanied by a certification by an appropriate local public official attesting to the accuracy of the reports. (Added by Stats. 2013, Ch. 24, Sec. 20. (AB 85) Effective June 27, 2013.)
  18. 17612.5.

    ## 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    This section sets the formula for calculating the amount to be redirected for the County of Los Angeles and defines the key cost and revenue terms used in that calculation.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.5. (a) For the 2013–14 fiscal year and each year thereafter, the amount to be redirected in accordance with Section 17612.1 for the County of Los Angeles shall be determined in accordance with Section 17612.3, except that the formula in subdivision (a) of Section 17612.3 shall be replaced with the following formula: (1) The total revenues as defined in paragraph (7) of subdivision (b) paid or payable to the County of Los Angeles, Department of Health Services, for the fiscal year, which shall include special local health funds and as adjusted in accordance with Section 17612.6, shall be added together. (2) The sum of three hundred twenty-three million dollars ($323,000,000), which represents the imputed county low-income health amount trended annually by 1 percent from the 2012–13 fiscal year through the applicable fiscal year, and the county indigent care health realignment amount, as determined in accordance with subdivision (e) of Section 17612.2 for the fiscal year. (3) The amount by which the county’s total costs exceeded the cost containment limit for the fiscal year, expressed as a negative number, multiplied by 0.50. (4) (A) The total costs, as defined in paragraph (6) of subdivision (b), incurred by or on behalf of the County of Los Angeles, Department of Health Services, for the fiscal year shall be added together, but shall not exceed the cost containment limit determined in accordance with paragraph (3) of subdivision (b). (B) The costs in paragraph (A) shall be subtracted from the sum of paragraphs (1) to (3), inclusive. (5) The resulting amount determined in subparagraph (B) of paragraph (4) shall be multiplied by 0.80, except that for the 2013–14 fiscal year, the resulting amount determined in subparagraph (B) of paragraph (4) shall be multiplied by 0.70. (6) If the amount in paragraph (5) is a positive number, that amount, subject to paragraph (7), shall be redirected in accordance with Section 17612.1 of this article, except that for the 2013–14 fiscal year the amount to be redirected shall not exceed the amount determined for the County of Los Angeles for the 2013–14 fiscal year under subdivision (c) of Section 17603, as that amount may have been reduced by the application of Section 17610.5. If the amount determined in paragraph (5) is a negative number, the redirected amount shall be zero. (7) Notwithstanding any other law, the amount to be redirected as determined in paragraph (6) for any fiscal year shall not exceed the county indigent care health realignment amount for that fiscal year. (8) (A) The redirected amount shall be applied until the later of: (i) June 30, 2023. (ii) The beginning of the fiscal year following a period of two consecutive fiscal years that both of the following occur: (I) The total interim amount determined under subdivision (b) of Section 17612.3 in May of the previous fiscal year is within 10 percent of the final, reconciled amount in subdivision (d) of that section. (II) The final, reconciled amounts under subdivision (d) of Section 17612.3 are within 5 percent of each other. (B) After the redirected amount ceases as provided in subparagraph (A), a permanent redirected amount shall be established to be an amount determined by calculating the percentage that the redirected amount was in the last fiscal year of the operation of this article of the county’s health realignment amount of that same fiscal year, multiplied by the county’s health realignment amount of all subsequent years. (b) Except as otherwise provided in this section, the definitions in Section 17612.2 apply. For purposes of this section, and for purposes of the calculations in Section 17612.3 that apply to the County of Los Angeles, the following definitions apply: (1) “Adjusted patient day” means LA County DHS’s total number of patient days multiplied by the following fraction: the numerator that is the sum of the county public hospital health system’s total gross revenue for all services provided to all patients, including nonhospital services, and the denominator that is the sum of the county public hospital health system’s gross inpatient revenue. The adjusted patient days shall pertain to those services that are provided by the LA County DHS, and shall exclude services that are provided by contract or out-of-network clinics or hospitals. For purposes of this paragraph, gross revenue shall be adjusted as necessary to reflect the relationship between inpatient costs and charges and outpatient costs and charges. (2) “Blended CPI trend factor” means the blended percent change applicable for the state fiscal year that is derived from the nonseasonally adjusted Consumer Price Index for All Urban Consumers (CPI-U), United States City Average, for Hospital and Related Services, weighted at 90 percent, and for Medical Care Services, weighted at 10 percent, all as published by the United States Bureau of Labor Statistics, computed as follows: (A) For each prior fiscal year, within the period to be trended through the fiscal year, the annual average of the monthly index amounts shall be determined separately for the Hospital and Related Services Index and the Medical Care Services Index. (B) The year-to-year percentage changes in the annual averages determined in subparagraph (A) for each of the Hospital and Related Services Index and the Medical Care Services Index shall be determined. (C) A weighted average annual percentage change for each year-to-year period shall be calculated from the determinations made in subparagraph (B), with the percentage changes in the Hospital and Related Services Index weighted at 90 percent, and the percentage changes in the Medical Care Services Index weighted at 10 percent. The resulting average annual percentage changes shall be expressed as a fraction, and increased by 1.00. (D) The product of the successive year-to-year amounts determined in subparagraph (C) shall be the blended CPI trend factor. (3) “Cost containment limit” means the LA County DHS’s total costs determined for the 2014–15 fiscal year and each subsequent fiscal year adjusted as follows: (A) The County of Los Angeles will be deemed to comply with the cost containment limit if the county demonstrates that its total costs for the fiscal year did not exceed its total costs in the base year, multiplied by the blended CPI trend factor for the fiscal year as reflected in the annual report of financial transactions required to be submitted to the Controller pursuant to Section 53891 of the Government Code. If the total costs for the fiscal year exceeded the total cost in the base year, multiplied by the blended CPI trend factor for the fiscal year, the calculation in subparagraph (B) shall be performed. (B) (i) If the number of adjusted patient days of service provided by LA County DHS for the fiscal year exceeds its number of adjusted patient days of service rendered in the base year by at least 10 percent, the excess adjusted patient days above the base year for the fiscal year shall be multiplied by the cost per adjusted patient day of the public hospital health system for the base year. The result shall be added to the trended base year amount determined in subparagraph (A), yielding the applicable cost containment limit, subject to subparagraph (C). Costs per adjusted patient day shall be based upon only those LA County DHS costs incurred for patient care services. (ii) If the number of adjusted patient days of service provided by LA County DHS for the fiscal year does not exceed its number of adjusted patient days of service rendered in the base year by at least 10 percent, the applicable limit is the trended base year amount determined in subparagraph (A) subject to subparagraph (C). (C) If LA County DHS’s total costs for the fiscal year, as determined in subparagraph (A), exceeds the trended cost as determined in subparagraph (A) as adjusted by subparagraph (B), the following cost increases shall be added to and reflected in any cost containment limit: (i) Electronic health records and related implementation and infrastructure costs. (ii) Costs related to state or federally mandated activities, requirements, or benefit changes. (iii) Costs resulting from a court order or settlement. (iv) Costs incurred in response to seismic concerns, including costs necessary to meet facility seismic standards. (v) Costs incurred as a result of a natural disaster or act of terrorism. (vi) The total amount of any intergovernmental transfer for the nonfederal share of Medi-Cal payments to the hospital facility described in subdivision (f) of Section 14165.50. (D) If LA County DHS’s total costs for the fiscal year exceed the trended costs as adjusted by subparagraphs (B) and (C), the county may request that the department consider other costs as adjustments to the cost containment limit, including, but not limited to, transfer amounts in excess of the imputed other entity intergovernmental transfer amount trended by the blended CPI trend factor, costs related to case mix index increases, pension costs, expanded medical education programs, increased costs in response to delivery system changes in the local community, and system expansions, including capital expenditures necessary to ensure access to and the quality of health care. Costs approved by the department shall be added to and reflected in the cost containment limit. (4) “Health realignment indigent care percentage” means 83 percent. (5) “Special local health funds” means both of the following: (A) The total amount of assessments and fees restricted for health-related purposes that are received by LA County DHS and expended for health services during the fiscal year. (B) Ninety-one percent of the funds actually received by the County of Los Angeles during the fiscal year pursuant to the Master Settlement Agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers, less any bond payments and other costs of securitization related to the funds described in this paragraph. (6) “Total costs” means the actual net expenditures, excluding encumbrances, for all operating budget units of the LA County DHS. Operating budget units consist of four Hospital Enterprise Funds plus the LA County DHS’s budget units within the county general fund. Net expenditures, excluding encumbrances, are those recognized within LA County DHS, net of intrafund transfers, expenditure distributions, and all other billable services recorded from and to the LA County DHS enterprise funds and the LA County DHS general fund budget units, determined based on its central accounting system known as eCAPS, as of November 30 of the year following the fiscal year, and shall include the new mandatory other entity intergovernmental transfer amounts, as defined in subdivision (ad) of Section 17612.2, and the lesser of other entity intergovernmental transfer amounts or the imputed other entity intergovernmental transfer amounts. (7) “Total revenues” means the sum of the revenue paid or payable for all operating budget units of the LA County DHS determined based on its central accounting system known as eCAPS, as of November 30 of the year following the fiscal year. (8) “LA County DHS” means operating budget units consisting of four hospital enterprise funds plus the DHS budget units within the county’s general fund. (Amended by Stats. 2014, Ch. 71, Sec. 205. (SB 1304) Effective January 1, 2015.)
  19. 17612.6.

    ## 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    This section defines several revenue categories and formulas used to calculate Type A and Type B payer revenues for the County of Los Angeles, Department of Health Services.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.6. (a) For purposes of this section, the following definitions shall apply: (1) “Type A payers” means the following sources of revenue for amounts paid to the County of Los Angeles, Department of Health Services: (A) Title XVIII of the federal Social Security Act, known as the Medicare program. (B) Commercial health insurance. (C) Health care coverage for providers of in-home supportive services, consistent with Article 7 (commencing with Section 12300) of Chapter 3 and Chapter 7 (commencing with Section 14000) of Part 3 of Division 9. (2) “Type B payers” means the following sources of revenue for amounts paid to the County of Los Angeles, Department of Health Services: (A) Patient care revenues received for services provided to other county departments. (B) State payments for patient financial services workers. (C) Other federal payers, not including federal grants, Medicare, Medicaid, and payments pursuant to Section 1011 of the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (3) “Historical Base Type A revenues” means revenues from Type A payers in the historical fiscal years, calculated as follows: (A) For each historical fiscal year, the actual revenue received from Type A payers. (B) Calculate the average of the historical year’s amounts in subparagraph (A). This average shall be considered the historical Base Type A revenues. (4) “Historical Base Type B revenues” means revenues from Type B payers in the historical fiscal years, calculated as follows: (A) For each historical fiscal year, the actual revenue received from Type B payers. (B) Calculate the average of the historical years amounts in subparagraph (A). This average shall be considered the historical Base Type B revenues. (5) “Type A payer revenue” means the amount of revenue that is the greater of the following: (A) The amount of the revenue received from Type A payers for services rendered during the fiscal year. (B) The historical Base Type A revenues, as adjusted by the Type A adjustment, defined in paragraph (8). (6) “Type B payer revenue” means the amount of revenue that is the greater of the following: (A) The amount of the revenue received from Type B payers for services rendered during the fiscal year. (B) The historical Base Type B revenues. (7) “Baseline Type A payer costs” means the average of the costs of services provided to Type A payer patients rendered in each of the four historical fiscal years to be determined as follows: (A) For each historical year, the actual costs incurred in providing services to Type A payer patients. (B) Calculate the average of the historical fiscal year amounts in subparagraph (A), this average shall be considered the baseline Type A payer costs. (8) “Type A adjustment” means the value of the revenue adjustment to historical base Type A revenues as defined in paragraph (3). (A) This adjustment will occur only if the Type A payer revenue for the fiscal year is less than historical base, otherwise the adjustment is considered to be zero. (B) If the requirement in subparagraph (A) is met, then there will only be an adjustment if one or more of the specified Type A payers’ data meets all of the following conditions: (i) The Type A payer revenue for the fiscal year is less than the historical base. (ii) The Type A payer costs for the fiscal year are less than the historical base trended by the blended CPI trend factor. (iii) The Type A payer volume for the fiscal year is less than the historical base. (C) For each Type A payer that meets all the conditions in subparagraph (B) the adjustment to the Type A payer revenue for that Type A payer will be as follows: (i) Calculate the percentage decrease in cost from the baseline Type A payer cost as trended by the blended CPI trend factor as defined in paragraph (2) of subdivision (b) of Section 17612.5 and applied from the 2010–11 fiscal year to the subject fiscal year. (ii) Calculate the percentage decrease in volume, based on the adjusted patient days, from the baseline Type A payer volume to the subject fiscal year. (iii) Calculate the average of the percentages in clauses (i) and (ii). (iv) The percentage reduction in clause (iii) shall be applied to the historical Base Type A payer revenue for the individual Type A payer. (b) The Type A payer revenues included in the total revenues in subdivision (a) of Section 17612.5 shall be the greater of the adjusted historical Type A baseline or the actual revenues received from Type A payers for services rendered in the subject fiscal year. (c) The Type B payer revenues included in the total revenues in subdivision (a) of Section 17612.5 shall be the greater of the historical Base Type B revenues or the actual revenues received from Type B payers for services rendered in the subject fiscal year. (Amended by Stats. 2013, Ch. 358, Sec. 21. (SB 98) Effective September 26, 2013.)
  20. 17612.65.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    If certain Medicaid demonstration payments to a county public hospital health system are reduced or recouped, the affected redirected amount must be recalculated and the resulting reduction refunded to the county through an agreed 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.65. Notwithstanding the provisions of subdivision (d) of Section 17612.3 that require final reconciliation to occur within two years after the close of the fiscal year, if, subsequent to final reconciliation, payments to a county public hospital health system under the federal Medicaid demonstration project authorized by Section 1115 of the federal Social Security Act entitled the “Bridge to Health Care Reform” (waiver number 11-W-00193/9) or subsequent demonstration project are reduced or recouped based on the department’s failure to meet the applicable budget neutrality limit on Medicaid funding or similar requirements contained in the applicable demonstration project Special Terms and Conditions, the redirected amount for the affected fiscal years shall be recalculated under subdivision (a) of Section 17612.3 to reflect the reduction in Medicaid demonstration revenues. The resulting reduction in the redirected amount for each affected year shall be refunded to the affected public hospital health system county in a manner to be agreed upon by the county and the Department of Finance. (Added by Stats. 2013, Ch. 24, Sec. 20. (AB 85) Effective June 27, 2013.)
  21. 17612.7.

    ## 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    The department may implement, interpret, or make specific this article through county letters, plan letters, bulletins, or similar instructions, without further regulatory action.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.7. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this article by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions. (Added by Stats. 2013, Ch. 24, Sec. 20. (AB 85) Effective June 27, 2013.)
  22. 17612.8.

    ## 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. )

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    The department must apply to federal CMS for a subsequent demonstration project, and that project must aim to maximize federal Medicaid funding while keeping comparable support for delivery system reform in county public hospital health systems.

    ## 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 12. Redirection of Realignment [17612.1 - 17612.8] ( Article 12 added by Stats. 2013, Ch. 24, Sec. 20. ) ## 17612.8. The department shall submit an application to the federal Centers for Medicare and Medicaid Services for a subsequent demonstration project, as defined in subdivision (x) of Section 17612.2. The subsequent demonstration project shall seek to maximize federal Medicaid funding for county public hospital health systems and shall include components that maintain a comparable level of support for delivery system reform in the county public hospital health systems as was provided under the federal Medicaid demonstration project authorized under Section 1115 of the federal Social Security Act entitled the “Bridge to Health Care Reform” (waiver number 11-W-00193/9). (Added by Stats. 2013, Ch. 24, Sec. 20. (AB 85) Effective June 27, 2013.)
  23. 17613.1.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. )

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    For 2013–14 and later fiscal years, each county’s 1991 health realignment funds are used to calculate a redirected amount and a monthly percentage deposited into the Family Support Subaccount.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. ) ## 17613.1. (a) For the 2013–14 fiscal year and each fiscal year thereafter, for each county, the total amount that would be payable for the fiscal year from 1991 health realignment funds under Section 17603, as it read on January 1, 2012, Section 17604, as it read on August 1, 2017, Section 17606.20, as it read on August 1, 2019, and Section 17606.10, as it read on July 1, 2013, and deposited by the Controller into the local health and welfare trust fund health account of the county in the absence of this section, shall be determined. (b) The redirected amount determined for the county pursuant to Section 17613.3 shall be divided by the total determined in subdivision (a). (c) The resulting fraction determined in subdivision (b) shall be the percentage of 1991 health realignment funds under Section 17603, as it read on January 1, 2012, Section 17604, as it read on August 1, 2017, Section 17606.20, as it read on August 1, 2019, and Section 17606.10, as it read on July 1, 2013, to be deposited each month into the Family Support Subaccount. (d) The total amount deposited pursuant to subdivision (c) with respect to a county for a fiscal year shall not exceed the redirected amount determined pursuant to Section 17613.3, and shall be subject to the appeal processes, and judicial review as described in subdivision (d) of Section 17613.3. (e) The Legislature finds and declares that this article is not intended to change the local obligation pursuant to Section 17000. (Amended by Stats. 2019, Ch. 67, Sec. 13. (SB 104) Effective July 9, 2019.)
  24. 17613.2.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. )

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    This section defines terms used to calculate county indigent care funding and cost containment 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 6. State and Local Fund Allocations [17600 - 17613.4] ( Chapter 6 added by Stats. 1991, Ch. 89, Sec. 201.5. ) ## ARTICLE 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. ) ## 17613.2. For purposes of this article, the following definitions apply: (a) “Base year” means the fiscal year ending three years prior to the fiscal year for which the redirected amount is calculated. (b) “Blended CPI trend factor” means the blended percent change applicable for the fiscal year that is derived from the nonseasonally adjusted Consumer Price Index for All Urban Consumers (CPI-U), United States City Average, for Hospital and Related Services, weighted at 75 percent, and for Medical Care Services, weighted at 25 percent, all as published by the United States Bureau of Labor Statistics, computed as follows: (1) For each prior fiscal year within the period to be trended through the state fiscal year, the annual average of the monthly index amounts shall be determined separately for the Hospital and Related Services Index and the Medical Care Services Index. (2) The year-to-year percentage changes in the annual averages determined in paragraph (1) for each of the Hospital and Related Services Index and the Medical Care Services Index shall be determined. (3) A weighted average annual percentage change for each year-to-year period shall be calculated from the determinations made in paragraph (2), with the percentage changes in the Hospital and Related Services Index weighted at 75 percent, and the percentage changes in the Medical Care Services Index weighted at 25 percent. The resulting average annual percentage changes shall be expressed as a fraction, and increased by 1.00. (4) The product of the successive year-to-year amounts determined in paragraph (3) shall be the blended CPI trend factor. (c) “Calculated cost per person” is determined by dividing county indigent program costs by the number of indigent program individuals for the applicable fiscal year. If a county expands eligibility, the enrollment count is limited to those indigent program individuals who would have been eligible for services under the eligibility requirements in existence on July 1, 2013, except if approved as an exception allowed pursuant to paragraph (3) of subdivision (d). (d) “Cost containment limit” means the county’s indigent program costs determined for the 2014–15 fiscal year and each subsequent fiscal year, to be adjusted as follows: (1) (A) The county’s indigent program costs for the state fiscal year shall be determined as indigent program costs for purposes of this paragraph for the relevant fiscal period. (B) The county’s calculated costs per person for the base year will be multiplied by the blended CPI trend factor and then multiplied by the county’s fiscal year indigent program individuals. The base year costs used shall not reflect any adjustments under this subdivision. (C) The fiscal year amount determined in subparagraph (A) shall be compared to the trended amount in subparagraph (B). If the amount in subparagraph (B) exceeds the amount in subparagraph (A), the county will be deemed to have satisfied the cost containment limit. If the amount in subparagraph (A) exceeds the amount in subparagraph (B), the calculation in paragraph (2) shall be performed. (2) If a county’s costs as determined in subparagraph (A) of paragraph (1) exceed the amount determined in subparagraph (B) of paragraph (1), the following costs, as allocated to the county’s indigent care program, shall be added to the cost and reflected in any containment limit: (A) Costs related to state or federally mandated activities, requirements, or benefit changes. (B) Costs resulting from a court order or settlement. (C) Costs incurred as a result of a natural disaster or act of terrorism. (3) If a county’s costs as determined in subparagraph (A) of paragraph (1) exceed the amount determined in subparagraph (B) of paragraph (1), as adjusted by paragraph (2), the county may request that the department consider other costs as adjustments to the cost containment limit. These costs would require departmental approval. (e) “County” for purposes of this article means the following counties: Fresno, Merced, Orange, Placer, Sacramento, San Diego, San Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, and Yolo. Beginning in the 2019–20 fiscal year and for each fiscal year thereafter, “county” does not include the County of Yolo. (f) “County indigent care health realignment amount” means the product of the health realignment amount times the health realignment indigent care percentage, as computed on a county-specific basis. (g) “County savings determination process” means the process for determining the amount to be redirected in accordance with Section 17613.1, as calculated pursuant to subdivision (a) of Section 17613.3. (h) “Department” means the State Department of Health Care Services. (i) “Health realignment amount” means the amount that, in the absence of this article, would be payable to a county under Section 17603, as it read on January 1, 2012, Section 17604, as it read on August 1, 2017, Section 17606.20, as it read on August 1, 2019, and Section 17606.10, as it read on July 1, 2013, for the fiscal year that is deposited by the Controller into the local health and welfare trust fund health account of the county. (j) “Health realignment indigent care percentage” means the county-specific percentage determined in accordance with the following, and established in accordance with the procedures described in subdivision (c) of Section 17613.3: (1) Each county shall identify the portion of that county’s health realignment amount that was used to provide health services to the indigent, including the indigent program individuals, for each of the historical fiscal years, along with verifiable data in support thereof. (2) The amounts identified in paragraph (1) shall be expressed as a percentage of the health realignment amount of that county for each fiscal year of the historical fiscal years. (3) The average of the percentages determined in paragraph (2) shall be the county’s health realignment indigent care percentage. (4) To the extent a county does not provide the information required in paragraph (1) or the department determines that the information required is insufficient, the amount under this subdivision shall be considered to be 85 percent. (k) All references to “health services” or “health care services,” unless specified otherwise, shall exclude mental health and substance use disorder services. (l) “Historical fiscal years” means the fiscal years 2008–09 to 2011–12, inclusive. (m) “Imputed county low-income health amount” means the predetermined, county-specific amount of county general purpose funds assumed, for purposes of the calculation in Section 17613.3, to be available to the county for services to indigent program individuals. The imputed county low-income health amount shall be determined as set forth below and established in accordance with subdivision (c) of Section 17613.3: (1) For each of the historical fiscal years, an amount shall be determined as the annual amount of county general fund contribution provided for health services to the indigent, which does not include funds provided for mental health and substance use disorder services, through a methodology to be developed by the department, in consultation with the California State Association of Counties. (2) If a year-to-year percentage increase in the amount determined in paragraph (1) was present, an average annual percentage trend factor shall be determined. (3) The annual amounts determined in paragraph (1) shall be averaged and multiplied by the percentage trend factor, if applicable, determined in paragraph (2), for each fiscal year after the 2011–12 fiscal year through the applicable fiscal year. Notwithstanding the foregoing, if the percentage trend factor determined in paragraph (2) is greater than the applicable percentage change for any year of the same period in the blended CPI trend factor, the percentage change in the blended CPI trend factor for that year shall be used. The resulting determination is the imputed county low-income health amount for purposes of Section 17613.3. (n) “Indigent program costs” means the costs incurred by the county for purchasing, providing, or ensuring the availability of services to indigent program individuals during the fiscal year. The costs for mental health and substance use disorder services shall not be included in these costs. (o) “Indigent program individuals” means all individuals enrolled in a county indigent health care program at any point throughout the fiscal year. If a county does not enroll individuals into an indigent health care program, indigent program individuals shall mean all individuals who used services offered through the county indigent health care program in the fiscal year. (p) “Indigent program revenues” means self-pay payments made by or on behalf of indigent program individuals to the county for the services rendered in the fiscal year, but shall exclude revenues received for mental health and substance use disorder services. (q) “Redirected amount” means the amount to be redirected in accordance with Section 17613.1, as calculated pursuant to subdivision (a) of Section 17613.3. (r) “Special local health funds” means the amount of the following county funds received by the county for health services to indigent program individuals during the fiscal year and shall include funds available pursuant to the Master Settlement Agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers during a fiscal year. The amount of the tobacco settlement funds to be used for this purpose shall be the greater of paragraph (1) or (2), less any bond payments and other costs of securitization related to the funds described in this subdivision. (1) The amount of the funds expended by the county for the provision of health services to indigent program individuals during the fiscal year. (2) The amount of the tobacco settlement funds multiplied by the average of the percentages of the amount of tobacco settlement funds that were allocated to and expended by the county for health services to indigent program individuals during the historical fiscal years. (Amended by Stats. 2019, Ch. 67, Sec. 14. (SB 104) Effective July 9, 2019.)
  25. 17613.3.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. )

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    This section sets how counties’ redirected amounts are calculated and reviewed, and gives counties a limited right to appeal final determinations.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. ) ## 17613.3. (a) For each fiscal year commencing with the 2013–14 fiscal year, the amount to be redirected in accordance with Section 17613.1 shall be determined for each county as set forth in this section. (1) The county’s revenues and other funds paid or payable for the fiscal year shall be comprised of the total of the following: (A) Indigent program revenues. (B) Special local health funds. (C) The county indigent care health realignment amount. (D) The imputed county low-income health amount. (2) Indigent program costs incurred by the county for the fiscal year, not to exceed in total the cost containment limit, shall be subtracted from the sum in paragraph (1). (3) The resulting amount shall be multiplied by 0.80, except for the 2013–14 fiscal year where the resulting amount shall be multiplied by 0.70. (4) If the amount in paragraph (3) is a positive number, that amount, subject to paragraph (5), shall be redirected in accordance with Section 17613.1, except that for the 2013–14 fiscal year, the amount to be redirected shall not exceed the amount determined for the county for the 2013–14 fiscal year under subdivision (c) of Section 17603, as that amount may have been reduced by the application of Section 17610.5. If the amount determined in paragraph (3) is a negative number, the redirected amount shall be zero. (5) Notwithstanding any other law, the amount to be redirected as determined in paragraph (4) for a fiscal year shall not exceed the county indigent care health realignment amount for that fiscal year. (6) (A) The redirected amount shall be applied until the later of the following: (i) June 30, 2023. (ii) The beginning of the fiscal year following a period of two consecutive fiscal years in which both of the following occur: (I) The total interim amount determined under subdivision (b) in May of the previous fiscal year is within 10 percent of the final, reconciled amount in subdivision (d). (II) The final, reconciled amounts under subdivision (d) are within 5 percent of each other. (B) After the redirected amount ceases as provided in subparagraph (A), a permanent redirected amount shall be established to be the amount determined by calculating the percentage that the redirected amount was in the last fiscal year of the operation of this article of the county’s health realignment amount of that same fiscal year, multiplied by the county’s health realignment amount of all subsequent years. (b) Starting with the 2014–15 fiscal year, the department shall calculate an interim redirected amount for each county under subdivision (a) by the January immediately prior to the starting fiscal year, using the most recent and accurate data available. For purposes of the interim determinations, the cost containment limit shall not be applied. The interim redirected amount shall be updated in the May before the start of the fiscal year in consultation with each county and based on any more recent and accurate data available at that time. During the fiscal year, the interim redirected amount will be applied pursuant to Section 17613.1. (c) The predetermined amounts or historical percentages described in subdivisions (j), (m), and (r) of Section 17613.2 shall each be established in accordance with the following procedure: (1) By October 31, 2013, each county shall determine the amount or percentage described in the applicable subdivision, and shall provide this calculation to the department, supported by verifiable data and a description of how the determination was made. (2) If the department disagrees with the county’s determination, the department shall confer with the county by December 15, 2013, and shall issue its determination by January 31, 2014. (3) If no agreement between the parties has been reached by January 31, 2014, the department shall apply the county’s determination when making the interim calculations pursuant to subdivision (b), until a decision is issued pursuant to paragraph (6). (4) If no agreement between the parties has been reached by January 31, 2014, the county shall submit a petition by February 28, 2014, to the County Health Care Funding Resolution Committee, established pursuant to Section 17600.60, to seek a decision regarding the historical percentage or amount to be applied in calculations under this section. (5) The County Health Care Funding Resolution Committee shall hear and make a determination as to whether the county’s proposed percentage or amount complies with the requirements of this section based on the data and calculations of the county and any alternative data and calculations submitted by the department. (6) The County Health Care Funding Resolution Committee shall issue its final determination within 45 days of the petition. If the county chooses to contest the final determination, the final determination of the committee will be applied for purposes of any interim calculation under subdivision (b) until a final decision is issued pursuant to de novo administrative review under paragraph (2) of subdivision (d). (d) (1) The data for the final calculations under subdivision (a) for the fiscal year shall be submitted by counties within 12 months after the conclusion of each fiscal year as required in Section 17613.4. The data shall be the most recent and accurate data from the county’s books and records pertaining to the revenues paid or payable, and the costs incurred, for services provided in the subject fiscal year. After consulting with the county, the department shall make final calculations using the data submitted pursuant to this paragraph by December 15 of the following fiscal year, and shall provide its final determination to the county. The final determination will also reflect the application of the cost containment limit, if any. If the county and the department agree, a revised recalculation and reconciliation may be completed by the department within six months thereafter. (2) The Director of Health Care Services shall establish an expedited formal appeal process for a county to contest final determinations made under this article. No appeal shall be available for interim determinations made under subdivision (b). The appeals process shall include all of the following: (A) The county shall have 30 calendar days, following the issuance of a final determination made under paragraph (6) of subdivision (c) or paragraph (1) of this subdivision, to file an appeal with the director. All appeals shall be governed by Section 100171 of the Health and Safety Code, except for those provisions of paragraph (1) of subdivision (d) of Section 100171 of the Health and Safety Code relating to accusations, statements of issues, statement to respondent, and notice of defense, and except as otherwise set forth in this section. All appeals shall be in writing and shall be filed with the State Department of Health Care Service’s Office of Administrative Hearings and Appeals. An appeal shall be deemed filed on the date it is received by the Office of Administrative Hearings and Appeals. (i) An appeal shall specifically set forth each issue in dispute, including, but not limited to, any component of the determination, and include the county’s contentions as to those issues. A formal hearing before an Office of Administrative Hearings and Appeals Administrative Law Judge shall commence within 60 days of the filing of the appeal requesting a formal hearing. A final decision under this paragraph shall be adopted no later than six months following the filing of the appeal. (ii) If the county fails to file an appeal within 30 days of the issuance of a determination made under this section, the determination of the department shall be deemed final and not appealable either administratively or to a court of general jurisdiction, except that a county may elect to appeal a determination under subdivision (c) within 30 days of the issuance of the County Health Care Funding Resolution Committee’s final determination under paragraph (6) of subdivision (c) or as a component of an appeal of the department’s final determination under paragraph (1) for the 2013–14 fiscal year. (B) If a final decision under this paragraph is not issued by the department within two years of the last day of the subject fiscal year, the county shall be deemed to have exhausted its administrative remedies, and shall not be precluded from pursuing any available judicial review. However, the time period in this subdivision shall be extended by either of the following: (i) Undue delay caused by the county. (ii) An extension of time granted to a county at its sole request, or following the joint request of the county and the department. (C) If the final decision issued by the department pursuant to this paragraph results in a different determination than that originally made by the department, then the Department of Finance shall adjust the original determination by that amount, pursuant to a process developed by the Department of Finance and in consultation with the California State Association of Counties. (Amended by Stats. 2014, Ch. 71, Sec. 207. (SB 1304) Effective January 1, 2015.)
  26. 17613.4.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. )

    Verify source ↗

    Certain participating counties must file initial and final reports on specified cost and revenue data, include a certification, and the department may set reporting methods and format.

    ## 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 13. Redirection of Realignment for Counties [17613.1 - 17613.4] ( Article 13 added by Stats. 2013, Ch. 24, Sec. 21. ) ## 17613.4. (a) Beginning with the 2013–14 fiscal year, each county that has elected to participate in the County Savings Determination Process shall, within five months after the end of each fiscal year, be required to submit initial reports on both of the following: (1) All revenue data required for the operation of Section 17613.3, including both of the following: (A) Indigent program revenues. (B) Special local health funds. (2) All cost data required for the operation of Section 17613.3, including indigent program costs. (b) Counties shall submit final reports of cost and revenue data identified in subdivision (a) to the department for each fiscal year no later than June 30 of the fiscal year ending one year after the subject fiscal year. (c) The department shall develop, in consultation with the California State Association of Counties, the methodologies used to determine the costs and revenues required to be reported and the format of the submissions. (d) Reports submitted under this section shall be accompanied by a certification by an appropriate public official attesting to the accuracy of the reports. (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this article by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions. (Amended by Stats. 2014, Ch. 71, Sec. 208. (SB 1304) Effective January 1, 2015.)
  27. 1762.

    ## 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 Division of Juvenile Justice must, as feasible and with available resources, give eligible youth access to online postsecondary academic and career technical programs, and it may develop additional campus partnerships.

    ## 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. ) ## 1762. (a) It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Justice facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively. (b) (1) The Division of Juvenile Justice shall, to the extent feasible using available resources, ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Justice facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The division is also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the Division of Juvenile Justice facility. (2) These programs shall be considered part of the current responsibilities of the Division of Juvenile Justice to provide and coordinate services for youth that enable the youth to be law-abiding and productive members of their families and communities. (c) For purposes of this section, “youth” means any person detained in, or committed to, a Division of Juvenile Justice facility. (d) This section does not preclude youth who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs. (Repealed and added by Stats. 2020, Ch. 337, Sec. 47. (SB 823) Effective September 30, 2020.)
  28. 1763.

    ## 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 authority must keep written records of examinations, related conclusions, and orders about each person under its control. It may destroy those records five years after its jurisdiction over a ward ends.

    ## 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. ) ## 1763. The authority shall keep written records of all examinations and of the conclusions predicated thereon and of all orders concerning the disposition or treatment of every person subject to its control. After five years from the date on which the jurisdiction of the authority over a ward is terminated the authority may destroy such records. For the purposes of this section “destroy” means destroy or dispose of for the purpose of destruction. (Amended by Stats. 1961, Ch. 250.)
  29. 1764.

    ## 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 must disclose specified information about certain committed people to any member of the public on request, but not if disclosure would create peril, threaten security, or is otherwise exempt under the Public Records 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1764. (a) Notwithstanding any other provision of law, any of the following information in the possession of the Youth Authority regarding persons 16 years of age or older who were committed to the Youth Authority by a court of criminal jurisdiction, or who were committed to the Department of Corrections and were subsequently transferred to the Youth Authority, shall be disclosed to any member of the public, upon request, by the director or the director’s designee: (1) The name and age of the person. (2) The court of commitment and the offense that was the basis of commitment. (3) The date of commitment. (4) Any institution where the person is or was confined. (5) The actions taken by any paroling authority regarding the person, which relate to parole dates. (6) The date the person is scheduled to be released to the community, including release to a reentry work furlough program. (7) The date the person was placed on parole. (8) The date the person was discharged from the jurisdiction of the Youth Authority and the basis for the discharge. (9) In any case where the person has escaped from any institution under the jurisdiction of the Youth Authority, a physical description of the person and the circumstances of the escape. (b) The provisions of this section shall not be construed to authorize the release of any information that could place any individual in personal peril; that could threaten Youth Authority security; or that is exempt from disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 434. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  30. 1764.1.

    ## 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 or designee may release certain Youth Authority information to a requesting member of the public, unless a court has ordered the information confidential.

    ## 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. ) ## 1764.1. Notwithstanding any other provision of law, the director or his or her designee may release the information described in Section 1764 regarding a person committed to the Youth Authority by a juvenile court for an offense described in subdivision (a) of Section 676, to any member of the public who requests the information, unless the court has ordered confidentiality under subdivision (c) of Section 676. (Amended by Stats. 1989, Ch. 1048, Sec. 2.)
  31. 1764.2.

    ## 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. )

    Verify source ↗

    The Director of the Division of Juvenile Justice or a designee must release certain information to the victim, next of kin, or a designated representative when requested, unless a court has ordered confidentiality. The director or designee must also tell those people about their right to request and receive the information.

    ## 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. ) ## 1764.2. (a) Notwithstanding any other provision of law, the Director of the Division of Juvenile Justice or the director’s designee shall release the information described in Section 1764 regarding a person committed to the Division of Juvenile Facilities, to the victim of the offense, the next of kin of the victim, or his or her representative as designated by the victim or next of kin pursuant to Section 1767, upon request, unless the court has ordered confidentiality under subdivision (c) of Section 676. The victim or the next of kin shall be identified by the court or the probation department in the offender’s commitment documents before the director is required to disclose this information. (b) The Director of the Division of Juvenile Justice or the director’s designee shall, with respect to persons committed to the Division of Juvenile Facilities, including persons committed to the Department of Corrections and Rehabilitation who have been transferred to the Division of Juvenile Facilities, inform each victim of that offense, the victim’s next of kin, or his or her representative as designated by the victim or next of kin pursuant to Section 1767, of his or her right to request and receive information pursuant to subdivision (a) and Section 1767. (Amended by Stats. 2012, Ch. 41, Sec. 101. (SB 1021) Effective June 27, 2012.)
  32. 1764.3.

    ## 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 director or designee must provide certain notices for covered persons, and the requesting party must keep a current mailing address on file to receive one of the notices.

    ## 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. ) ## 1764.3. (a) Whenever a person is committed to the Youth Authority by a court of criminal jurisdiction, or is committed to the Department of Corrections and subsequently transferred to the Youth Authority, for a conviction of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, the director or his or her designee shall, with respect to that person, provide all notices that would be required to be provided by the Board of Prison Terms or the Department of Corrections pursuant to Sections 3058.6 and 3058.8 of the Penal Code, if that person were confined in their respective institutions. (b) In order to be entitled to receive from the department, pursuant to subdivision (a), the notice set forth in Section 3058.8 of the Penal Code, the requesting party shall keep the department informed of his or her current mailing address. (c) The notice required under this section shall be provided within 10 days of release with respect to persons committed to the Youth Authority by a court of criminal jurisdiction. (Added by Stats. 1989, Ch. 624, Sec. 6.)
  33. 1764.5.

    ## 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 ↗

    If a minor has been incarcerated in a Youth Authority facility for at least 30 consecutive days, the Youth Authority must notify the State Department of Social Services with the person’s name, date of birth, social security number, and county of residence.

    ## 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. ) ## 1764.5. Whenever a minor is incarcerated in a Youth Authority facility for a period of at least 30 consecutive days, the Youth Authority shall inform the State Department of Social Services of the name, date of birth, social security number, and county of residence of the incarcerated person. (Added by Stats. 1994, Ch. 1042, Sec. 2. Effective January 1, 1995.)
  34. 1765.

    ## 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 and the Youth Authority Board must keep a person under continued study and supervision while control is still needed for public protection, unless this chapter provides 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1765. (a) Except as otherwise provided in this chapter, the Department of the Youth Authority and the Youth Authority Board shall keep under continued study a person in their control and shall retain him or her, subject to the limitations of this chapter, under supervision and control so long as in their judgment that control is necessary for the protection of the public. (b) The board shall discharge that person as soon as in its opinion there is reasonable probability that he or she can be given full liberty without danger to the public. (Amended by Stats. 2003, Ch. 4, Sec. 33. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  35. 1766.

    ## 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 ↗

    This section sets discharge and reentry procedures for wards, including notice, hearings, supervision, and public reporting duties.

    ## 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. ) ## 1766. (a) Subject to Sections 733 and 1767.35, and subdivision (b) of this section, if a person has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the Board of Juvenile Hearings, according to standardized review and appeal procedures established by the board in policy and regulation and subject to the powers and duties enumerated in subdivision (a) of Section 1719, may do any of the following: (1) Set a date on which the ward shall be discharged from the jurisdiction of the Division of Juvenile Facilities and permitted his or her liberty under supervision of probation and subject to the jurisdiction of the committing court pursuant to subdivision (b). (2) Deny discharge, except that a person committed to the division pursuant to Section 731 or 1731.5 shall not be held in physical confinement for a total period of time in excess of the maximum periods of time set forth in Section 731. (b) The following provisions shall apply to any ward eligible for discharge from that ward’s commitment to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Any order entered by the court pursuant to this subdivision shall be consistent with evidence-based practices and the interest of public safety. (1) The county of commitment shall supervise the reentry of any ward still subject to the court’s jurisdiction and discharged from the jurisdiction of the Division of Juvenile Facilities. The conditions of the ward’s supervision shall be established by the court pursuant to the provisions of this section. (2) Not less than 60 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the division shall provide to the probation department and the court of the committing county, and the ward’s counsel, if known, the most recent written review prepared pursuant to Section 1720, along with notice of the discharge consideration hearing date. (3) (A) Not less than 30 days prior to the scheduled discharge consideration hearing, the division shall notify the ward of the date and location of the discharge consideration hearing. A ward shall have the right to contact the ward’s parent or guardian, if he or she can reasonably be located, to inform the parent or guardian of the date and location of the discharge consideration hearing. The division shall also allow the ward to inform other persons identified by the ward, if they can reasonably be located, and who are considered by the division as likely to contribute to a ward’s preparation for the discharge consideration hearing or the ward’s postrelease success. (B) This paragraph shall not apply if either of the following conditions is met: (i) A minor chooses not to contact the minor’s parents, guardians, or other persons and the director of the division facility determines it would be in the best interest of the minor not to contact the parents, guardians, or other persons. (ii) A person 18 years of age or older does not consent to the contact. (C) Upon intake of a ward committed to a division facility, and again upon attaining 18 years of age while serving the ward’s commitment in the custody of the division, an appropriate staff person shall explain the provisions of subparagraphs (A) and (B), using language clearly understandable to the ward. (D) Nothing in this paragraph shall be construed to limit the right of a ward to an attorney under any other law. (4) Not less than 30 days prior to the scheduled discharge consideration hearing of a ward described in this subdivision, the probation department of the committing county may provide the division with its written plan for the reentry supervision of the ward. At the discharge consideration hearing, the Board of Juvenile Hearings shall, in determining whether the ward is to be released, consider a reentry supervision plan submitted by the county. (5) If the Board of Juvenile Hearings determines that a ward is ready for discharge to county supervision pursuant to subdivision (a), the board shall do both of the following: (A) Set a date for discharge from the jurisdiction of the Division of Juvenile Facilities no less than 14 days after the date of such determination. The board shall also record any postrelease recommendations for the ward. These recommendations will be sent to the committing court responsible for setting the ward’s conditions of supervision no later than seven days from the date of such determination. (B) Notify the ward that he or she may petition the board for an honorable discharge after 18 months following his or her discharge by the board, provided that he or she is not on probation. (6) No more than four days but no less than one day prior to the scheduled date of the reentry disposition hearing before the committing court, the Division of Juvenile Facilities shall transport and deliver the ward to the custody of the probation department of the committing county. On or prior to a ward’s date of discharge from the Division of Juvenile Facilities, the committing court shall convene a reentry disposition hearing for the ward. The purpose of the hearing shall be for the court to identify those conditions of supervision that are appropriate under all the circumstances of the case and consistent with evidence-based practices. The court shall, to the extent it deems appropriate, incorporate postrelease recommendations made by the board as well as any reentry plan submitted by the county probation department and reviewed by the board into its disposition order. At the hearing the ward shall be fully informed of the terms and conditions of any order entered by the court, including the consequences for any violation thereof. The procedure of the reentry disposition hearing shall otherwise be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2. (7) The Department of Corrections and Rehabilitation shall have no further jurisdiction over a ward who is discharged by the Board of Juvenile Hearings, except that the board shall make honorable discharge determinations. (8) Notwithstanding any other law or any other provision of this section, commencing January 1, 2013, all wards who remain on parole under the jurisdiction of the Division of Juvenile Facilities shall be discharged, except for wards who are in custody pending revocation proceedings or serving a term of revocation. A ward that is pending revocation proceedings or serving a term of revocation shall be discharged after serving the ward’s revocation term, including any revocation extensions, or when any allegations of violating the terms and conditions of the ward’s parole are not sustained. (c) Within 60 days of intake, the Division of Juvenile Facilities shall provide the court and the probation department with a treatment plan for the ward. (d) Commencing January 1, 2013, and annually thereafter, for the preceding fiscal year, the department shall collect and make available to the public the following information: (1) The total number of ward case reviews conducted by the division and the board, categorized by guideline category. (2) The number of discharge consideration dates for each category set at guideline, above guideline, and below guideline. (3) The number of ward case reviews resulting in a change to a discharge consideration date, including the category assigned to the ward and the specific reason for the change. (4) The percentage of wards who have had a discharge consideration date changed to a later date, the percentage of wards who have had a discharge consideration date changed to an earlier date, and the average annual time added or subtracted per case. (5) The number and percentage of wards who, while confined or on parole, are charged with a new misdemeanor or felony criminal offense. (6) Any additional data or information identified by the department as relevant. (e) As used in subdivision (d), the term “ward case review” means any review of a ward that changes, maintains, or appreciably affects the programs, treatment, or placement of a ward. (Amended by Stats. 2017, Ch. 683, Sec. 8. (SB 625) Effective January 1, 2018.)
  36. 1766.1.

    ## 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 ↗

    When the Youth Authority Board permits liberty under Section 1766(a), it must make full payment of any specified restitution fine or restitution order a condition, with installment payments set according to the person's ability to pay.

    ## 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. ) ## 1766.1. When permitting an adult or minor committed to the Department of the Youth Authority his or her liberty pursuant to subdivision (a) of Section 1766, the Youth Authority Board shall impose as a condition thereof that the adult or minor pay in full any restitution fine or restitution order imposed pursuant to Section 13967, as operative on or before September 28, 1994, of the Government Code, or Section 1202.4 of the Penal Code, or Section 1203.4, as operative on or before August 2, 1994, of the Penal Code, or Section 730.6 or 731.1, as operative on or before August 2, 1995. Payment shall be in installments set in an amount consistent with the adult’s or minor’s ability to pay. (Amended by Stats. 2003, Ch. 4, Sec. 35. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  37. 1766.2.

    ## 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. )

    Verify source ↗

    Applicable wards must be placed on supervised parole 120 to 90 days before release or completion of confinement, unless further detention is requested.

    ## 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. ) ## 1766.2. (a) Except as provided in subdivision (b), all applicable wards shall be placed on supervised parole within the period of 120 to 90 days prior to the date of release from custody from a Division of Juvenile Facilities institution pursuant to the discharge provisions of Section 1769, 1770, or 1771, or within the period of 120 to 90 days prior to completion of the maximum period of confinement pursuant to Section 731, whichever comes first. (b) Subdivision (a) shall not apply when a petition or order for further detention of a juvenile has been requested by the Division of Juvenile Facilities or the Juvenile Parole Board pursuant to Section 1800. (c) A ward who has been released under the provisions of subdivision (a) shall be subject to revocation of parole for alleged violations committed during the period of release. Any term of reconfinement under these circumstances shall remain subject to the limits of Section 731, 1769, 1770, or 1771, as applicable in each case. Any such revocation proceedings shall be in accordance with the procedures and due process protections for parolees under current law. (d) For the purposes of this section, “applicable ward” means a person who is confined in a facility or institution operated by the Division of Juvenile Facilities 120 days prior to his or her discharge date under Section 1769, 1770, or 1771, or 120 days prior to completion of the maximum period of confinement under Section 731. (Added by Stats. 2009, Ch. 268, Sec. 3. (AB 1053) Effective January 1, 2010.)
  38. 1766.5.

    ## 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 Youth Authority director must maintain a fair, simple, and prompt grievance system for committed persons, with appeals, written responses, anti-reprisal safeguards, and independent evaluation.

    ## 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. ) ## 1766.5. The director shall establish and maintain a fair, simple, and expeditious system for resolution of grievances of all persons committed to the Youth Authority regarding the substance or application of any written or unwritten policy, rule, regulation, or practice of the department or of an agent or contractor of the department or any decision, behavior, or action by an employee, agent, contractor, or other person confined within the institutions or camps of the Youth Authority which is directed toward the grievant, other than matters involving individual discipline. The system shall do all of the following: (a) Provide for the participation of employees of the department and of persons committed to the Youth Authority on as equal a basis and at the most decentralized level reasonably possible and feasible in the design, implementation, and operation of the system. (b) Provide, to the extent reasonably possible, for the selection by their peers of persons committed to the Youth Authority as participants in the design, implementation, and operation of the system. (c) Provide, within specific time limits, for written responses with written reasons in support of them to all grievances at all decision levels within the system. (d) Provide for priority processing of grievances which are of an emergency nature which would, by passage of time required for normal processing, subject the grievant to substantial risk of personal injury or other damage. (e) Provide for the right of grievants to be represented by another person committed to the Youth Authority who is confined within the institutions or camps of the Youth Authority, by an employee, or by any other person, including a volunteer, who is a regular participant in departmental operations. (f) Provide for safeguards against reprisals against any grievant or participant in the resolution of a grievance. (g) Provide, at one or more decision levels of the process, for a full hearing of the grievance at which all parties to the controversy and their representatives shall have the opportunity to be present and to present evidence and contentions regarding the grievance, (h) Provide a method of appeal of grievance decisions available to all parties to the grievance, including, but not limited to, final right of appeal to advisory arbitration of the grievance by a neutral person not employed by the department, the decision of the arbitrator to be adopted by the department unless the decision is in violation of law, would result in physical danger to any persons, would require expenditure of funds not reasonably available for that purpose to the department, or, in the personal judgment of the director, would be detrimental to the public or to the proper and effective accomplishment of the duties of the department. (i) Provide for the monitoring of the system by the department and also, pursuant to contract or other appropriate means, for a biennial evaluation of the system by a public or private agency independent of the department to the extent necessary to ascertain whether the requirements of this section are being met. The results of which evaluation shall be filed with the department, the Legislature, the Attorney General, and the State Public Defender. (Amended by Stats. 1983, Ch. 636, Sec. 1.)
  39. 1767.

    ## 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 ↗

    On request, the Youth Authority must give advance written notice of a parole hearing to the victim or next of kin, and the board must consider victim statements at the hearing.

    ## 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. ) ## 1767. (a) Upon request, written notice of any hearing to consider the release on parole of any person under the control of the Youth Authority for the commission of a crime or committed to the authority as a person described in Section 602 shall be sent by the Department of the Youth Authority at least 30 days before the hearing to any victim of a crime committed by the person, or to the next of kin of the victim if the victim has died or is a minor. The requesting party shall keep the board apprised of his or her current mailing address. (b) Any one of the following persons may appear, personally or by counsel, at the hearing: (1) The victim of the offense and one support person of his or her choosing. (2) In the event that the victim is unable to attend the proceeding, two support persons designated by the victim may attend to provide information about the impact of the crime on the victim. (3) If the victim is no longer living, two members of the victim’s immediate family may attend. (4) If none of those persons appear personally at the hearing, any one of them may submit a statement recorded on videotape for the board’s consideration at the hearing. Those persons shall also have the right to submit a written statement to the board at least 10 days prior to the scheduled hearing for the board’s consideration at the hearing. (c) The board, in deciding whether to release the person on parole, shall consider the statements of victims, next of kin, or statements made on their behalf pursuant to this section and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole. (d) A representative designated by the victim or the victim’s next of kin shall be either that person’s legal counsel or a family or household member of the victim, for the purposes of this section. (e) Support persons may only provide information about the impact of the crime on the victim and provide physical and emotional support to the victim or the victim’s family. (f) This section does not prevent the board from excluding a victim or his or her support person or persons from a hearing. The board may allow the presence of other support persons under particular circumstances surrounding the proceeding. (g) 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. (Amended by Stats. 2015, Ch. 303, Sec. 570. (AB 731) Effective January 1, 2016. Note: This section was added on June 8, 1982, by initiative Prop. 8.)
  40. 1767.1.

    ## 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 Youth Authority Board must give advance written notice before certain parole reviews, let notified persons submit written statements, and provide written findings for parole decisions involving adults over 18.

    ## 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. ) ## 1767.1. At least 30 days before the Youth Authority Board meets to review or consider the parole of any person who has been committed to the control of the Department of the Youth Authority for the commission of any offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707, or for the commission of an offense in violation of paragraph (2) of subdivision (a) of Section 262 or paragraph (3) of subdivision (a) of Section 261 of the Penal Code, the board shall send written notice of the hearing to each of the following persons: the judge of the court that committed the person to the authority, the attorney for the person, the district attorney of the county from which the person was committed, the law enforcement agency that investigated the case, and the victim pursuant to Section 1767. The board shall also send a progress report regarding the ward to the judge of the court that committed the person at the same time it sends the written notice to the judge. Each of the persons so notified shall have the right to submit a written statement to the board at least 10 days prior to the decision for the board’s consideration. Nothing in this subdivision shall be construed to permit any person so notified to attend the hearing. With respect to the parole of any person over the age of 18 years, the presiding officer of the board shall state findings and supporting reasons for the decision of the board. The findings and reasons shall be reduced to writing, and shall be made available for inspection by members of the public no later than 30 days from the date of the decision. (Amended by Stats. 2003, Ch. 4, Sec. 36. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  41. 1767.2.

    ## 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. )

    Verify source ↗

    Probation or parole orders for certain controlled persons convicted of Section 290 offenses must require total abstinence from alcoholic liquor or beverages.

    ## 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. ) ## 1767.2. Every order granting probation or parole to any person under the control of the authority who has been convicted of any of the offenses enumerated in Section 290 of the Penal Code shall require as a condition of such probation or parole that such person totally abstain from the use of alcoholic liquor or beverages. (Added by Stats. 1950, 1st Ex. Sess., Ch. 25.)
  42. 1767.3.

    ## 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 Division of Juvenile Justice may issue a written order that works as a sufficient warrant for peace officers to return escaped persons to custody, and peace officers must execute those orders like a felony warrant.

    ## 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. ) ## 1767.3. (a) The written order of the Director of the Division of Juvenile Justice is a sufficient warrant for any peace officer to return to custody any person who has escaped from the custody of the Division of Juvenile Facilities or from any institution or facility in which he or she has been placed by the division. (b) All peace officers shall execute the orders in like manner as a felony warrant. (Amended by Stats. 2016, Ch. 33, Sec. 51. (SB 843) Effective June 27, 2016.)
  43. 1767.35.

    ## 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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    This section lets the court modify a ward’s supervision after a violation, requires a hearing within 15 days of detention, and allows certain detention or reconfinement responses.

    ## 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. ) ## 1767.35. (a) For a ward discharged from the Division of Juvenile Justice to the jurisdiction of the committing court, that person may be detained by probation, for the purpose of initiating proceedings to modify the ward’s conditions of supervision entered pursuant to paragraph (6) of subdivision (b) of Section 1766 if there is probable cause to believe that the ward has violated any of the court-ordered conditions of supervision. Within 15 days of detention, the committing court shall conduct a modification hearing for the ward. Pending the hearing, the ward may be detained by probation. At the hearing authorized by this subdivision, at which the ward shall be entitled to representation by counsel, the court shall consider the alleged violation of conditions of supervision, the risks and needs presented by the ward, and the supervision programs and sanctions that are available for the ward. Modification may include, as a sanction for a finding of a serious violation or a series of repeated violations of the conditions of supervision, an order for the reconfinement of a ward under 18 years of age in a juvenile facility, or for the reconfinement of a ward 18 years of age or older in a juvenile facility as authorized by Section 208.5, or for the reconfinement of a ward 18 years of age or older in a local adult facility as authorized by subdivision (b), or, until July 1, 2021, the Division of Juvenile Justice as authorized by subdivision (c). The ward shall be fully informed by the court of the terms, conditions, responsibilities, and sanctions that are relevant to the order that is adopted by the court. The procedure of the supervision modification hearing, including the detention status of the ward in the event continuances are ordered by the court, shall be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings, as described in Article 17 (commencing with Section 675) of Chapter 2 of Part 1 of Division 2. (b) Notwithstanding any other law, subject to Chapter 1.6. (commencing with Section 1980), and consistent with the maximum periods of time set forth in Section 731, in any case in which a person who was committed to and discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Justice to the jurisdiction of the committing court attains 18 years of age prior to being discharged from the division or during the period of supervision by the committing court, the court may, upon a finding that the ward violated their conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to the provisions of subdivision (a), order that the person be delivered to the custody of the sheriff for a period not to exceed a total of 90 days, as a custodial sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (6) of subdivision (b) of Section 1766. Notwithstanding any other law, the sheriff may allow the person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which the person is housed. (c) Notwithstanding any other law and subject to Chapter 1.6 (commencing with Section 1980), in any case in which a person who was committed to and discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Justice, to the jurisdiction of the committing court, the juvenile court may, upon a finding that the ward violated their conditions of supervision and after consideration of the recommendation of the probation officer and pursuant to a hearing conducted according to the provisions of subdivision (a), order that the person be returned to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, for a specified amount of time no shorter than 90 days and no longer than one year. This return shall be a sanction consistent with the reentry goals and requirements imposed by the court pursuant to paragraph (6) of subdivision (b) of Section 1766. A decision to return a ward to the custody of the Division of Juvenile Justice can only be made prior to July 1, 2021, and pursuant to the court making the following findings: (1) that appropriate local options and programs have been exhausted, and (2) that the ward has available confinement time that is greater than or equal to the length of the return. (d) Upon ordering a ward to the custody of the Division of Juvenile Justice, the court shall send to the Division of Juvenile Justice a copy of its order along with a copy of the ward’s probation plans and history while under the supervision of the county. (Amended by Stats. 2021, Ch. 18, Sec. 19. (SB 92) Effective May 14, 2021.)
  44. 1767.4.

    ## 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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    If a parolee is returned to the department on the director’s order by a peace officer or probation officer, that officer must be paid the same fees and expenses allowed by law for transporting persons to department 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1767.4. Whenever any person paroled by the Youth Authority Board is returned to the department upon the order of the director by a peace officer or probation officer, the officer shall be paid the same fees and expenses as are allowed those officers by law for the transportation of persons to institutions or facilities under the jurisdiction of the department. (Amended by Stats. 2003, Ch. 4, Sec. 38. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  45. 1767.5.

    ## 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 authority may pay a private home for caring for certain committed persons if the rate is approved by the Department of Finance.

    ## 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. ) ## 1767.5. The authority may pay any private home for the care of any person committed to the authority and paroled by the Youth Authority Board to the custody of the private home (including both persons committed to the authority under this chapter and persons committed to it by the juvenile court) at a rate to be approved by the Department of Finance. Payments for the care of paroled persons may be made from funds available to the authority for that purpose, or for the support of the institution or facility under the jurisdiction of the authority from which the person has been paroled. (Amended by Stats. 2003, Ch. 4, Sec. 39. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  46. 1767.6.

    ## 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 ↗

    In parole revocation proceedings, the parolee or the parolee’s attorney must be given copies of police, arrest, and crime reports, except confidential portions that need not be disclosed if notice has been given.

    ## 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. ) ## 1767.6. In parole revocation proceedings, a parolee or his attorney shall receive a copy of any police, arrest, and crime reports pertaining to such proceedings. Portions of such reports containing confidential information need not be disclosed if the parolee or his attorney has been notified that confidential information has not been disclosed. (Added by Stats. 1978, Ch. 856.)
  47. 1767.7.

    ## 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 authority may withdraw funds for its support without vouchers at the time, but the money must later be accounted for and supported with vouchers and itemized statements.

    ## 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. ) ## 1767.7. A sum may be withdrawn by the authority from the funds available for the support of the authority without at the time furnishing vouchers and itemized statements. This sum shall be used as a revolving fund for payments for the care of persons paroled to private homes as provided in Section 1767.5. At the close of each fiscal year, or at any other time, upon demand of the Department of Finance the money so drawn shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the State Controller. (Amended by Stats. 1979, Ch. 214.)
  48. 1767.9.

    ## 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. )

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    A person authorized to appear at a parole hearing has the right to speak last before the board.

    ## 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. ) ## 1767.9. Any person authorized to appear at a parole hearing pursuant to Section 1767 shall have the right to speak last before the board in regard to those persons appearing and speaking before the board at a parole hearing. Nothing in this section shall prohibit the person presiding at the hearing from taking any steps he or she deems appropriate to ensure that only accurate and relevant statements are considered in determining parole suitability as provided in law, including, but not limited to, the rebuttal of inaccurate statements made by any party. (Added by Stats. 2004, Ch. 1, Sec. 5. Effective January 21, 2004.)
  49. 1768.

    ## 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 direct a committed person to take training, follow conduct rules, use treatment methods, and do work projects or assignments.

    ## 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. ) ## 1768. As a means of correcting the socially harmful tendencies of a person committed to the authority, the director may (a) Require participation by him in vocational, physical, educational and corrective training and activities; (b) Require such conduct and modes of life as seem best adapted to fit him for return to full liberty without danger to the public welfare; (c) Make use of other methods of treatment conducive to the correction of the person and to the prevention of future public offenses by him; (d) Provide useful work projects or work assignments for which such persons may qualify and be paid wages for such work from any moneys made available to the director for this purpose. (Amended by Stats. 1969, Ch. 1023.)
  50. 1768.1.

    ## 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 Youth Authority may not execute certain contracts with employers when the job would place committed persons in the same classification as workers who are on strike or locked out, and daily hours must stay within a specified average during the strike or lockout.

    ## 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. ) ## 1768.1. No contract shall be executed with an employer that will initiate employment by persons committed to the authority in the same job classification as other employees of the same employer who, at the time of execution of the contract, are on strike, as defined in Section 1132.6 of the Labor Code, or who are then subject to lockout, as defined in Section 1132.8 of the Labor Code. The total daily hours worked by persons committed to the authority and employed in the same job classification as other employees of the same employer who, subsequent to the employer’s hiring of persons committed to the authority, go on strike, as defined in Section 1132.6 of the Labor Code, or are subjected to a lockout, as defined in Section 1132.8 of the Labor Code, shall not exceed, for the duration of the strike or lockout, the average daily hours worked for the preceding six months, or, if the authority’s contract with the employer has been in operation for less than six months, the average for the period of operation. (Added by Stats. 1991, Ch. 739, Sec. 2.)
  51. 1768.10.

    ## 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 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 Board may require a person under its jurisdiction or control to take a tuberculosis examination or test if it reasonably suspects infectious tuberculosis exposure or infection.

    ## 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. ) ## 1768.10. Notwithstanding any other law, the Youth Authority Board may require a person under its jurisdiction or control to submit to an examination or test for tuberculosis when the board reasonably suspects that the parolee has, has had, or has been exposed to, tuberculosis in an infectious stage. For purposes of this section, an “examination or test for tuberculosis” means testing and followup examinations or treatment according to the Centers for Disease Control and the American Thoracic Society recommendations in effect at the time of the initial examination. (Amended by Stats. 2003, Ch. 4, Sec. 40. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  52. 1768.7.

    ## 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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    A person committed to the Youth Authority must not escape, try to escape, or fail to return as required; doing so is a felony.

    ## 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. ) ## 1768.7. (a) Any person committed to the authority who escapes or attempts to escape from the institution or facility in which he or she is confined, who escapes or attempts to escape while being conveyed to or from such an institution or facility, who escapes or attempts to escape while outside or away from such an institution or facility under custody of Youth Authority officials, officers, or employees, or who, with intent to abscond from the custody of the Youth Authority, fails to return to such an institution or facility at the prescribed time while outside or away from the institution or facility on furlough or temporary release, is guilty of a felony. (b) Any offense set forth in subdivision (a) which is accomplished by force or violence is punishable by imprisonment in the state prison for a term of two, four, or six years. Any offense set forth in subdivision (a) which is accomplished without force or violence is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a term of 16 months, two or three years or in the county jail not exceeding one year. (c) For purposes of this section, “committed to the authority” means a commitment to the Youth Authority pursuant to Section 731 or 1731.5; a remand to the custody of the Youth Authority pursuant to Section 707.2; a placement at the Youth Authority pursuant to Section 704, 1731.6, or 1753.1; or a transfer to the custody of the Youth Authority pursuant to subdivision (c) of Section 1731.5. (Amended by Stats. 2011, Ch. 15, Sec. 621. (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.)
  53. 1768.8.

    ## 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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    A person confined in a Youth Authority institution who assaults or batters a non-confined person can be punished by a fine, county jail time, or both; an assault with a deadly weapon or force likely to cause great bodily injury is a felony with state prison 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1768.8. (a) An assault or battery by any person confined in an institution under the jurisdiction of the Department of the Youth Authority upon the person of any individual who is not confined therein shall be punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both a fine and imprisonment. (b) An assault by any person confined in an institution under the jurisdiction of the Department of the Youth Authority upon the person of any individual who is not confined therein, with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, is a felony punishable by imprisonment in the state prison for two, four, or six years. (Amended by Stats. 1993, Ch. 165, Sec. 1. Effective January 1, 1994.)
  54. 1768.85.

    ## 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. )

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    People confined under the Youth Authority may not commit battery by gassing on peace officers or institution employees, and violations can lead to criminal punishment.

    ## 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. ) ## 1768.85. (a) Every person confined under the jurisdiction of the Department of the Youth Authority who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the institution is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes. (c) The person in charge of the institution under the jurisdiction of the Department of the Youth Authority shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. If there is probable cause to believe that a ward has violated subdivision (a), the chief medical officer of the institution under the jurisdiction of the Department of the Youth Authority, or his or her designee, may, when he or she deems it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the ward to receive an examination or test for hepatitis or tuberculosis or both hepatitis and tuberculosis on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section. (d) The person in charge of the institution under the jurisdiction of the Department of the Youth Authority shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution. (e) The Department of the Youth Authority shall report to the Legislature, by January 1, 2003, its findings and recommendations on gassing incidents at the department’s facilities and the medical testing authorized by this section. The report shall include, but not be limited to, all of the following: (1) The total number of gassing incidents at each youth correctional facility up to the date of the report. (2) The disposition of each gassing incident, including the administrative penalties imposed, the number of incidents that are prosecuted, and the results of those prosecutions, including any penalties imposed. (3) A profile of the wards who commit the batteries by gassing, including the number of wards who have one or more prior serious or violent felony convictions. (4) Efforts that the department has taken to limit these incidents, including staff training and the use of protective clothing and goggles. (5) The results and costs of the medical testing authorized by this section. (f) Nothing in this section shall preclude prosecution under both this section and any other provision of law. (Amended by Stats. 2011, Ch. 15, Sec. 622. (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.)
  55. 1768.9.

    ## 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. )

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    People in Youth Authority custody may be required to take an AIDS test if the chief medical officer finds clinical symptoms; the chief medical officer must provide counseling and manage testing, and the Department may take related steps including separate housing and limited disclosures.

    ## 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. ) ## 1768.9. (a) Notwithstanding any other provision of law, a person under the jurisdiction or control of the Department of the Youth Authority is obligated to submit to a test for the probable causative agent of AIDS upon a determination of the chief medical officer of the facility that clinical symptoms of AIDS or AIDS-related complex, as recognized by the Centers for Disease Control, is present in the person. In the event that the subject of the test refuses to submit to such a test, the department may seek a court order to require him or her to submit to the test. (b) Prior to ordering a test pursuant to subdivision (a), the chief medical officer shall ensure that the subject of the test receives pretest counseling. The counseling shall include: (1) Testing procedures, effectiveness, reliability, and confidentiality. (2) The mode of transmission of HIV. (3) Symptoms of AIDS and AIDS-related complex. (4) Precautions to avoid exposure and transmission. The chief medical officer shall also encourage the subject of the test to undergo voluntary testing prior to ordering a test. The chief medical officer shall also ensure that the subject of the test receives posttest counseling. (c) The following procedures shall apply to testing conducted under this section: (1) The withdrawal of blood shall be performed in a medically approved manner. Only a physician, registered nurse, licensed vocational nurse, licensed medical technician, or licensed phlebotomist may withdraw blood specimens for the purposes of this section. (2) The chief medical officer shall order that the blood specimens be transmitted to a licensed medical laboratory which has been approved by the State Department of Health Services for the conducting of AIDS testing, and that tests, including all readily available confirmatory tests, be conducted thereon for medically accepted indications of exposure to or infection with HIV. (3) The subject of the test shall be notified face-to-face as to the results of the test. (d) All counseling and notification of test results shall be conducted by one of the following: (1) A physician and surgeon who has received training in the subjects described in subdivision (b). (2) A registered nurse who has received training in the subjects described in subdivision (b). (3) A psychologist who has received training in the subjects described in subdivision (b) and who is under the purview of either a registered nurse or physician and surgeon who has received training in the subjects described in subdivision (b). (4) A licensed social worker who has received training in the subjects described in subdivision (b) and who is under the purview of either a registered nurse or physician and surgeon who has received training in the subjects described in subdivision (b). (5) A trained volunteer counselor who has received training in the subjects described in subdivision (b) and who is under the supervision of either a registered nurse or physician and surgeon who has received training in the subjects described in subdivision (b). (e) The Department of the Youth Authority shall provide medical services appropriate for the diagnosis and treatment of those infected with HIV. (f) The Department of the Youth Authority may operate separate housing facilities for wards and inmates who have tested positive for HIV infection and who continue to engage in activities which transmit HIV. These facilities shall be comparable to those of other wards and inmates with access to recreational and educational facilities, commensurate with the facilities available in the institution. (g) Notwithstanding any other provision of law, the chief medical officer of a facility of the Department of the Youth Authority may do all of the following: (1) Disclose results of a test for the probable causative agent of AIDS to the superintendent or administrator of the facility where the test subject is confined. (2) When test results are positive, inform the test subject’s known sexual partners or needle contacts in a Department of the Youth Authority facility of the positive results, provided that the test subject’s identity is kept confidential. All wards and inmates who are provided with this information shall be provided with the counseling described in subdivision (b). (3) Include the test results in the subject’s confidential medical record which is to be maintained separate from other case files and records. (h) Actions taken pursuant to this section shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980 of the Health and Safety Code. In addition, the requirements of subdivision (a) of Section 120990 of the Health and Safety Code shall not apply to testing performed pursuant to this section. (Amended by Stats. 1996, Ch. 1023, Sec. 459. Effective September 29, 1996.)
  56. 1769.

    ## 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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    People committed from juvenile court to the Division of Juvenile Facilities must be discharged after a specified control period and age threshold, unless the committing court orders further detention.

    ## 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. ) ## 1769. (a) A person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, by a juvenile court shall, except as provided in subdivision (b), be discharged upon the expiration of a two-year period of control or when he or she attains 21 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800). (b) A person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, by a juvenile court and who has been found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, shall be discharged upon the expiration of a two-year period of control or when he or she attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800). (c) Notwithstanding subdivision (b), a person who is committed by a juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2012, who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, shall be discharged upon the expiration of a two-year period of control, or when he or she attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800). This subdivision does not apply to persons committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, by a juvenile court prior to July 1, 2012, pursuant to subdivision (b). (d) (1) A person committed by a juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2018, who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707, shall be discharged upon the expiration of a two-year period of control, of when he or she attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800). This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, a state hospital, or another appropriate public or private mental health facility, by a juvenile court prior to July 1, 2018, pursuant to subdivision (b) or (c). (2) A person who at the time of adjudication of a crime or crimes would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. (3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2018, as described in subdivision (b). (e) The amendments to this section made by Chapter 342 of the Statutes of 2012 apply retroactively. (Amended by Stats. 2018, Ch. 36, Sec. 36. (AB 1812) Effective June 27, 2018.)
  57. 1770.

    ## 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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    A person convicted of a misdemeanor and committed to the authority must be discharged after the later of two years of control or the person’s 23rd birthday, unless the committing court orders further detention.

    ## 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. ) ## 1770. Every person convicted of a misdemeanor and committed to the authority shall be discharged upon the expiration of a two-year period of control or when the person reaches his 23d birthday, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800). (Amended by Stats. 1963, Ch. 1693.)
  58. 17700.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 1. Findings and Declarations [17700- 17700.] ( Chapter 1 added by Stats. 1989, Ch. 1437, Sec. 1. )

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    This section states legislative findings about children with special health care needs and says the Legislature intends to expand prevention and treatment programs and support specialized foster care placements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 1. Findings and Declarations [17700- 17700.] ( Chapter 1 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17700. The Legislature finds and declares all of the following: (a) Many children adjudicated dependents of the juvenile court pursuant to Section 300 and following are, because of abuse, neglect, or exploitation within the family environment, unable to remain safely in their own homes. (b) Children requiring placement in foster care are, pursuant to Section 675(5)(a) of Title 42 of the United States Code, entitled to placement in the least restrictive, most family-like setting in close proximity to the parent’s home, consistent with the best interest and special needs of the child. (c) A significant number of children adjudicated dependents of the juvenile court under Section 300 and following who require placement outside their own homes have special health care needs. Children with biological families who can provide health care services can be discharged from hospital care into home care when it has been determined that the child is medically stable. (d) Children who have become dependents of the juvenile court may become, because of a lack of appropriate placement options, long-term boarders in hospitals or other health care institutions. (e) It is, therefore, the intent of the Legislature to support expansion of existing prevention and treatment programs designed to serve the parent and child with special health care needs which are administered by the State Department of Health Care Services, and the State Department of Social Services. Further, it is the intent of the Legislature to establish a program to place children with special health care needs in specialized foster care homes, licensed, certified, or approved pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or approved pursuant to Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4, wherein foster parents are trained by health care professionals, pursuant to the discharge plan of the facility releasing the child being placed, or who is currently, in foster care. It is further the intent of the Legislature to encourage, to the extent feasible, the placement of children with special health care needs with relatives trained by health care professionals. (Amended by Stats. 2017, Ch. 732, Sec. 113. (AB 404) Effective January 1, 2018.)
  59. 1771.

    ## 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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    This section sets when certain youths in Division of Juvenile Facilities custody must be discharged, with different age and time rules depending on the offense and commitment 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1771. (a) A person who is convicted of a felony and committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall be discharged when he or she attains 25 years of age, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) or unless a petition is filed under Article 5 (commencing with Section 1780). If a petition under Article 5 (commencing with Section 1780) is filed, the division shall retain control until the final disposition of the proceeding under Article 5 (commencing with Section 1780). (b) Notwithstanding subdivision (a), a person who is committed by a juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2012, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800). This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, by a juvenile court prior to July 1, 2012, pursuant to subdivision (a). (c) (1) Notwithstanding subdivisions (a) or (b), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707 of this code, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. (2) A person who at the time of adjudication of a crime or crimes would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. (3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility by a court prior to July 1, 2018, pursuant to subdivision (a). (d) The amendments to this section made by Chapter 342 of the Statutes of 2012 shall apply retroactively. (Amended by Stats. 2018, Ch. 36, Sec. 37. (AB 1812) Effective June 27, 2018.)
  60. 17710.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 2. Definitions [17710- 17710.] ( Chapter 2 added by Stats. 1989, Ch. 1437, Sec. 1. )

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    This section defines key terms used in this part of the code, including “child with special health care needs,” “county,” “department,” and several care-related terms.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 2. Definitions [17710- 17710.] ( Chapter 2 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17710. Unless otherwise specified in this part: (a) “Child with special health care needs” means a child, or a person who is 22 years of age or younger who is completing a publicly funded education program, who has a condition that can rapidly deteriorate resulting in permanent injury or death or who has a medical condition that requires specialized in-home health care, and who either has been adjudged a dependent of the court pursuant to Section 300, has not been adjudged a dependent of the court pursuant to Section 300 but is in the custody of the county welfare department, or has a developmental disability and is receiving services and case management from a regional center. (b) “County” means a county welfare department. (c) “Department” means the State Department of Social Services. (d) “Individualized health care plan team” means those individuals who develop a health care plan for a child with special health care needs in a specialized foster care home, as defined in subdivision (i), group home, or short-term residential therapeutic program, which shall include the child’s primary care physician or other health care professional designated by the physician, any involved medical team, and the county social worker or regional center worker, and any health care professional designated to monitor the child’s individualized health care plan pursuant to paragraph (8) of subdivision (c) of Section 17731, including, if the child is in a certified home, the registered nurse employed by or under contract with the certifying agency to supervise and monitor the child. The child’s individualized health care plan team may also include, but shall not be limited to, a public health nurse, representatives from the California Children’s Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department, and where reunification is the goal, the parent or parents, if available. In addition, if the child is in a specialized foster care home, the individualized health care plan team may include the prospective specialized foster parents, who shall not participate in any team decision pursuant to paragraph (6) of subdivision (c) of Section 17731 or pursuant to subparagraph (C) of paragraph (1) of subdivision (a), or clause (i) of subparagraph (B) of paragraph (2) of subdivision (a), of Section 17732. (e) “Director” means the Director of Social Services. (f) “Level of care” means a description of the specialized in-home health care to be provided to a child with special health care needs by the foster family. (g) Medical conditions requiring specialized in-home health care require dependency upon one or more of the following: enteral feeding tube, total parenteral feeding, a cardiorespiratory monitor, intravenous therapy, a ventilator, oxygen support, urinary catheterization, renal dialysis, ministrations imposed by tracheostomy, colostomy, ileostomy, or other medical or surgical procedures or special medication regimens, including injection, and intravenous medication. (h) “Specialized in-home health care” includes, but is not limited to, those services identified by the child’s primary physician as appropriately administered in the home by any one of the following: (1) A foster parent trained by health care professionals where the child is being placed in, or is currently in, a specialized foster care home. (2) Group home staff trained by health care professionals pursuant to the discharge plan of the facility releasing the child where the child was placed in the home as of November 1, 1993, and who is currently in the home. (3) A health care professional, where the child is placed in a group home after November 1, 1993. The health care services provided pursuant to this paragraph shall not be reimbursable costs for the purpose of determining the group home rate under Section 11462. (4) A health care professional where the child is placed in a short-term residential therapeutic program. The health care services provided pursuant to this paragraph shall not be reimbursable costs for the purpose of determining the short-term residential therapeutic program rate under Section 11462. (i) “Specialized foster care home” means any of the following foster homes where the foster parents reside in the home and have been trained to provide specialized in-home health care to foster children: (1) Licensed foster family homes, as defined in paragraph (5) of subdivision (a) of Section 1502 of the Health and Safety Code. (2) Licensed small family homes, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code. (3) Certified family homes, as defined in subdivision (c) of Section 1506 of the Health and Safety Code, that have accepted placement of a child with special health care needs who is under the supervision and monitoring of a registered nurse employed by, or on contract with, the foster family agency. (4) Resource families, as defined in Section 16519.5. (Amended by Stats. 2017, Ch. 732, Sec. 114. (AB 404) Effective January 1, 2018.)
  61. 1772.

    ## 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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    People discharged by the Board of Juvenile Hearings may ask the committing court to set aside the guilty verdict and dismiss the case; if granted, they are released from resulting penalties and disabilities. The section also restricts peace-officer eligibility and requires written notice at discharge.

    ## 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. ) ## 1772. (a) Subject to subdivision (b), every person discharged by the Board of Juvenile Hearings may petition the court that committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, including, but not limited to, penalties or disabilities that affect access to education, employment, or occupational licenses. (b) Notwithstanding subdivision (a), all of the following shall apply to a person described in subdivision (a) or a person honorably discharged by the Board of Juvenile Hearings: (1) The person shall not be eligible for appointment as a peace officer employed by any public agency if that person’s appointment would otherwise be prohibited by Section 1029 of the Government Code. However, that person may be appointed and employed as a peace officer by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if (A) at least five years have passed since the person’s honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the Board of Juvenile Hearings, or (B) the person was employed as a peace officer by the Division of Juvenile Facilities on or before January 1, 1983. A person who is under the jurisdiction of the Division of Juvenile Facilities or a county probation department shall not be admitted to an examination for a peace officer position with the Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the Board of Juvenile Hearings pursuant to Sections 1177 and 1719. (2) The person is subject to Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code. (3) The conviction of the person for an offense listed in subdivision (b) of Section 707 is admissible in a subsequent criminal, juvenile, or civil proceeding if otherwise admissible, if all of the following are true: (A) The person was 16 years of age or older at the time he or she committed the offense. (B) The person was found unfit to be dealt with under the juvenile court law pursuant to Section 707 because he or she was alleged to have committed an offense listed in subdivision (b) of Section 707. (C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707. (D) The person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for the offense referred to in subparagraph (C). (4) The conviction of the person may be used to enhance the punishment for a subsequent offense. (5) The conviction of a person who is 18 years of age or older at the time he or she committed the offense is admissible in a subsequent civil, criminal, or juvenile proceeding, if otherwise admissible pursuant to law. (c) Every person discharged from control by the Board of Juvenile Hearings shall be informed of the provisions of this section in writing at the time of discharge. (d) “Honorably discharged” as used in this section means and includes every person who was granted an honorable discharge by the Board of Juvenile Hearings pursuant to Sections 1177 and 1719. (Amended by Stats. 2017, Ch. 683, Sec. 9. (SB 625) Effective January 1, 2018.)
  62. 1773.

    ## 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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    People committed to the Division of Juvenile Facilities may not be subject to extra abortion restrictions beyond those already allowed by the cited laws, and pregnant people seeking abortions must be allowed to determine eligibility and, if eligible, obtain one.

    ## 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. ) ## 1773. (a) A condition or restriction shall not be imposed upon the obtaining of an abortion by an individual committed to the Division of Juvenile Facilities, pursuant to Sections 1 and 1.1 of Article I of the California Constitution and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in those provisions. Individuals found to be pregnant and desiring abortions shall be permitted to determine their eligibility for an abortion pursuant to law, and if determined to be eligible, shall be permitted to obtain an abortion. (b) The rights provided by this section shall be posted in at least one conspicuous place to which all committed persons capable of becoming pregnant have access. (Amended by Stats. 2025, Ch. 136, Sec. 25. (AB 260) Effective September 26, 2025.)
  63. 17730.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

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    The department must create and run a program for specialized foster care homes for children with special health care needs, limit certain out-of-home placements, and keep the program aligned with chapter requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17730. (a) The department shall develop a program to establish specialized foster care homes for children with special health care needs to receive specialized in-home health care administered by the persons specified in subdivision (h) of Section 17710. The department shall limit the use of group homes and short-term residential therapeutic programs for children with special health care needs pursuant to subdivisions (c) and (d) of Section 17732. The program shall conform to the requirements set forth in this chapter, and shall be integrated with the foster care and child welfare services programs authorized by Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 and Chapter 5 (commencing with Section 16500) of Part 4. (b) The department, in administering the licensing program and resource family approval program, shall not evaluate or have any responsibility for the evaluation of the specialized in-home health care provided in specialized foster care homes, group homes, or short-term residential therapeutic programs. (c) This program shall be conducted by county welfare departments in conformance with procedures established by the department in accordance with this chapter. (Amended by Stats. 2017, Ch. 732, Sec. 115. (AB 404) Effective January 1, 2018.)
  64. 17731.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

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    County plans and coordinates foster care placements for children with special health care needs, with required training, monitoring, and timing rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17731. (a) The county shall develop a plan to place children with special health care needs in foster care. This plan shall be submitted to the State Department of Social Services and the State Department of Health Care Services, not later than April 1, 1990, before beginning placement of children with special health care needs in specialized foster care homes. This subdivision shall not invalidate any placement made before April 1, 1990. A county that has not submitted a plan by April 1, 1990, shall not continue to make placements of children with special health care needs until the plan has been submitted. (b) Unless a local lead agency has been designated within the county, as described in Item 4260-113-890 of the Budget Act of 1989, the county department of social services shall be the lead agency with the responsibility of developing the plan to be submitted pursuant to subdivision (a). The county plan shall be formalized in an interagency agreement between the county department of social services and the other county and private agencies that are the involved parties. (c) The county plan shall meet all the requirements specified in this subdivision. The regional center shall not be required to submit a plan. However, all requirements specified in this subdivision shall be met prior to a regional center placement of a child who is not a court dependent and who has special health care needs. (1) (A) Prior to the placement of a child with special health care needs, an individualized health care plan, which may be the hospital discharge plan, shall be prepared for the child and, if necessary, in-home health support services shall be arranged. The individualized health care plan team shall be convened by the county department of social services caseworker or the regional center caseworker, to discuss the specific responsibilities of the person or persons specified in subdivision (h) of Section 17710 for provision of in-home health care in accordance with the individualized health care plan developed by the child’s physician or their designee. The plan may also include the identification of any available and funded medical services that are to be provided to the child in the home, including, but not limited to, assistance from registered nurses, licensed vocational nurses, public health nurses, physical therapists, and respite care workers. The individualized health care plan team shall delineate in the individualized health care plan the coordination of health and related services for the child and the appropriate number of hours needed to be provided by any health care professional designated to monitor the child’s individualized health care plan pursuant to paragraph (8), including, if the child is in a certified home, the registered nurse employed by or on contract with the foster family agency to supervise and monitor the child. (B) If the child’s placement is in a Group Home for Children with Special Health Care Needs, as defined in paragraph (2) of subdivision (a) of Section 4684.50, the individualized health care plan shall include all of the requirements under subdivision (a) of Section 4684.68. (2) A child welfare services case plan or regional center individual program plan shall be developed in accordance with applicable regulations, and arrangements made for nonmedical support services. (3) Foster parents shall be trained by health care professionals pursuant to the discharge plan of the facility releasing the child being placed in, or currently in, foster care. Additional training shall be provided as needed during the placement of the child and to the child’s biological parent or parents if the child is being reunified with the child’s family. (4) Children with special health care needs shall be placed in the home of the prospective foster parent subsequent to training by a health care professional pursuant to the discharge plan of the facility releasing the child being placed in foster care. (5) Assistant caregivers, on-call assistants, respite care workers, and other personnel caring for children with special health care needs shall complete training or additional training by a health care professional in accordance with paragraph (3). (6) A foster parent who is a health care professional or staff member who is a health care professional shall not be required to complete any training or additional training determined by the responsible individualized health care plan team to be unnecessary on the basis of their professional qualification and expertise. (7) No health care professional shall provide in-home health care to any child with special health care needs placed in a group home after November 1, 1993, unless the individual health care plan team for the child: (A) Documents that the health care professional has the necessary qualifications and expertise to meet the child’s in-home health care needs. (B) Updates the documentation provided pursuant to subparagraph (A) each time the child’s special health care needs change. (8) Specialized foster care homes, group homes, and short-term residential therapeutic programs caring for children with special health care needs shall be monitored by the county or regional center according to applicable regulations. The health care plan for each child with special health care needs shall designate which health care professional shall monitor the child’s ongoing health care, including in-home health care provided by persons specified in subdivision (h) of Section 17710. Where the child is placed in a certified home, the designated health care professional shall be the registered nurse employed by or on contract with the foster family agency to supervise and monitor the child. (9) The workload of the health care professional supervising or monitoring a child’s ongoing health care in a certified home shall be based on the cumulative total hours specified in the individualized health care plans for children assigned to the health care professional. In no case shall the health care professional’s regular workload based on the cumulative total hours specified in the individualized health care plans for children assigned to the health care professional be more than 40 hours per week. (10) The child’s individualized health care plan shall be reassessed at least every six months during the time the child is placed in the specialized foster care home, to ensure that specialized care payments are appropriate to meet the child’s health care needs. (11) The placement agencies shall coordinate the sources of funding and services available to children with special health care needs in order to maximize the social services provided to these children and to avoid duplication of programs and funding. (Amended by Stats. 2021, Ch. 76, Sec. 61. (AB 136) Effective July 16, 2021.)
  65. 17732.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

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    This section limits how many children may live in certain foster care homes, allows specific exceptions, and sets conditions for longer or expanded placements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17732. (a) No more than two children with or without special health care needs shall reside in a specialized foster care home with the following exceptions: (1) A specialized foster care home may have a third child with or without special health care needs placed in that home provided that the capacity, as determined by the department or county pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 is not exceeded and provided that all of the following conditions have been met: (A) The child’s placement worker has determined and documented that no other placement is available. (B) For each child in placement and the child to be placed, the child’s placement worker has determined that the child’s psychological and social needs will be met by placement in the home and has documented that determination. New determinations shall be made and documented each time there is an increase or turnover in children placed in the specialized foster care home and the two-child capacity limit is exceeded. (C) The individualized health care plan team responsible for the ongoing care of each child with special health care needs involved has considered the number of adoptive, biological, and foster children, and children in guardianship living in the home and determined that the two-child limit may be exceeded without jeopardizing the health and safety of that child, and has documented that determination. New determinations shall be made and documented each time there is an increase or turnover in children placed in the specialized foster care home and the two-child capacity limit is exceeded. (2) A licensed small family home may exceed the two-child placement limit and accept children with or without special health care needs up to capacity, as determined by the department pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, if the conditions in paragraph (1) have been met for both the third foster child and each foster child placed thereafter, and the following additional conditions have been met: (A) At least one of the children in the facility is a regional center client monitored in accordance with Section 56001 and following of Title 17 of the California Code of Regulations. (B) Whenever four or more children are physically present in the facility, the licensee of the small family home has the assistance of a caregiver to provide specialized in-home health care to the children except that: (i) Night assistance shall not be required for those hours that the individualized health care plan team for each child with special health care needs has documented that the child will not require specialized medical services during that time. (ii) The department may determine that additional assistance is required to provide appropriate care and supervision for all children in placement. The determination shall only be made after consultation with the appropriate regional center and any appropriate individual health care teams. (C) On-call assistance is available at all times to respond in case of an emergency. The on-call assistant shall meet the requirements of paragraph (5) of subdivision (c) of Section 17731. (D) The home is sufficient in size to accommodate the needs of all children in the home. (b) Notwithstanding Section 1523.1 of the Health and Safety Code, a foster family home that has more than three children with special health care needs in its care as of January 1, 1992, and that applies for licensure as a small family home in order to continue to provide care for those children, shall be exempt from the application fee. (c) Except for children with special health care needs placed in group homes before January 1, 1992, or placed in a group home for children with special health care needs, as defined in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code, a child with special health care needs shall not be placed in any group home, short-term residential therapeutic programs, or combination of group homes, or combination of short-term residential therapeutic programs, for longer than a short-term placement of 120 calendar days. The short-term placement in the group home or short-term residential therapeutic program shall be on an emergency basis for the purpose of arranging a subsequent placement in a less restrictive setting, such as with the child’s natural parents or relatives, with a foster parent or foster family agency, or with another appropriate person or facility. The 120-day limitation shall not be extended, except by the approval of the director or their designee. For children placed after January 1, 1992, the 120-day limitation shall begin on the effective date of the amendments to this section made during the 1993 portion of the 1993–94 Regular Session. (d) A child with special health care needs shall not be placed in a group home or short-term residential therapeutic program unless the child’s placement worker has determined and documented that the group home or short-term residential therapeutic program has a program that meets the specific needs of the child being placed and there is a commonalty of needs with the other children in the group home or short-term residential therapeutic program. (e) The Legislature finds and declares that the amendments to this section made by the act that added this subdivision are declaratory of existing law. (Amended by Stats. 2021, Ch. 76, Sec. 62. (AB 136) Effective July 16, 2021.)
  66. 17732.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

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    Some children with special health care needs may stay in specialized foster care homes after age 18 if the stated conditions are met, and the department and regional center have notice, monitoring, and planning duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17732.1. (a) It is the intent of the Legislature that minor children who are residing in specialized foster care home placements on or after January 1, 1997, be allowed to remain in those homes upon reaching majority, through 22 years of age, in order to ensure continuity of care during completion of publicly funded education. (b) A child with special health care needs may remain in a specialized foster care home, as defined in subdivision (i) of Section 17710, after 18 years of age if all of the following requirements are met: (1) The child was a resident in the home prior to 18 years of age. (2) A determination regarding whether the child may remain as a resident after 18 years of age is made through the agreement of all parties involved, including the resident, the foster parent, the social worker, the resident’s regional center case manager, and the resident’s parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the child’s needs and of continued compatibility with the other children in placement. The needs and service plan shall be completed within the six months prior to the child’s 18th birthday and shall be updated with any significant change and whenever there is a change in household composition. The assessment shall be documented and maintained in the child’s file, and shall be made available for inspection by the licensing staff or the county child welfare agency. (3) The regional center monitors and supervises its placements, as part of its regular and ongoing services to clients, to ensure the continued health and safety, appropriate placement, and compatibility of the developmentally disabled adult with special health care needs. (c) The department shall notify small family home applicants, as part of its orientation process, that the state Foster Family Home and Small Family Home Insurance Fund does not expand existing coverage in Article 2.5 (commencing with Section 1527) of Chapter 3 of Division 2 of the Health and Safety Code for liability resulting from the provision of care to individuals over 18 years of age. (Amended by Stats. 2017, Ch. 732, Sec. 118. (AB 404) Effective January 1, 2018.)
  67. 17732.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    When determining the capacity of a specialized foster care home, the department or county must consider all adoptive, biological, foster, and guardianship children living in the home.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17732.2. (a) In determining the capacity of a specialized foster care home pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4, the department or county shall consider all adoptive, biological, and foster children, and children in guardianship living in the home. (b) The Legislature finds and declares that this section is declaratory of existing law. (Amended by Stats. 2017, Ch. 732, Sec. 119. (AB 404) Effective January 1, 2018.)
  68. 17733.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    County-prepared documentation about certain foster care and special health care needs matters must be placed in the child’s case record, and related training reports must also be included.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17733. All documentation prepared by the county concerning the identification of a dependent child as a child with special health care needs, the placement of such a child in a specialized foster care home, assessments and reassessments of the level of care designation, the decision to place more than two children with special health care needs in a home, and contact among the health care team plan members who are monitoring the individualized health care plan of the child, shall be made part of the child’s case record. Reports of training provided by the health care professional pursuant to the discharge plan of the facility releasing the child being placed in foster care shall also be included in the case record. (Added by Stats. 1989, Ch. 1437, Sec. 1. Effective October 2, 1989.)
  69. 17734.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    Each county must regularly report on the conduct and effectiveness of the foster care program to the department, following the department’s instructions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17734. Each county shall report to the department on a regular basis on the conduct and effectiveness of the program provided for in this chapter. These reports shall be submitted in conformance with instructions provided by the department. These reports shall include, but not be limited to, all of the following data: (a) An estimate of the number of children adjudicated dependents of the juvenile court under Section 300 who have special health care needs during the reporting period. (b) The number of children with special health care needs in (1) hospitals or other institutional placements, (2) group homes, and (3) short-term residential therapeutic programs at the beginning of the reporting period. (c) The number of children with special health care needs in specialized foster care homes during the reporting period. (d) The number of children with special health care needs placed in specialized foster care homes during the reporting period. (e) The cost of providing specialized placements for children with special health care needs during the reporting period. (Amended by Stats. 2017, Ch. 732, Sec. 120. (AB 404) Effective January 1, 2018.)
  70. 17735.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    Starting in 1991, the department must include a progress report in the child welfare services report to the Legislature, and it must not evaluate in-home health care in specialized foster care homes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17735. Commencing in 1991, a progress report on the program provided for in this chapter shall be included in the child welfare services report to the Legislature required by Section 16512. The department shall not evaluate or have any responsibility for the evaluation of the in-home health care provided in specialized foster care homes. (Added by Stats. 1989, Ch. 1437, Sec. 1. Effective October 2, 1989.)
  71. 17736.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    Counties, regional centers, and foster family agencies may place children with special health care needs in specified foster and family home settings, and they must allow certain caregivers and personnel to provide specialized in-home health care in those settings when the stated requirements are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17736. Notwithstanding any other law, including Sections 1250, 1251, 1254, 1270, 1501, 1502, 1505, 1507, 1521, 1530.6 (as added by Chapter 391 of the Statutes of 1977), 1550, 11002, and 11154 of the Health and Safety Code, and Sections 2052, 2725, 2732, and 2795 of the Business and Professions Code, all of the following apply: (a) (1) Counties and regional centers shall be permitted to place children with special health care needs in foster family homes, small family homes, group homes, short-term residential therapeutic programs, foster family agencies, and resource families. (2) Foster family agencies shall be permitted to place children with special health care needs in certified family homes and resource families. (b) Counties, regional centers, and foster family agencies shall permit all of the following: (1) A foster parent, an assistant caregiver, an on-call assistant, and a respite caregiver meeting the requirements of paragraphs (3), (5), and (6) of subdivision (c) of Section 17731 to provide, in a specialized foster care home, specialized in-home health care to a child, as described in the child’s individualized health care plan. (2) The licensee and other personnel meeting the requirements of paragraphs (3), (5), and (6) of subdivision (c) of Section 17731 to provide, in a group home, specialized in-home health care to a child, as described in the child’s individualized health care plan, provided that the child was placed as of November 1, 1993, or placed in a group home for children with special health care needs, as defined in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 76, Sec. 63. (AB 136) Effective July 16, 2021.)
  72. 17737.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    Children with special health care needs whose case plan goal is adoption are not barred by this chapter from receiving services under the program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17737. Nothing in this chapter shall be construed to prevent children with special health care needs who have adoption as a case plan goal from receiving services under this program. (Added by Stats. 1989, Ch. 1437, Sec. 1. Effective October 2, 1989.)
  73. 17738.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    The department must adopt emergency regulations to implement the program in this chapter, and those regulations generally may stay in effect for no more than 120 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17738. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall adopt emergency regulations to implement the program provided for in this chapter. The emergency regulations shall remain in effect for no more than 120 days, unless the department complies with all the provisions of Chapter 3.5 (commencing with Section 11340) as required by subdivision (e) of Section 11346.1 of the Government Code. (Added by Stats. 1989, Ch. 1437, Sec. 1. Effective October 2, 1989.)
  74. 17739.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. )

    Verify source ↗

    When placing a medically fragile foster child, decision-makers must give priority to a foster parent who is an individual nurse provider, but that preference is below the preference for a relative.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.5. CHILDREN WITH SPECIAL HEALTH CARE NEEDS [17700 - 17739] ( Part 5.5 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## CHAPTER 4. Foster Care [17730 - 17739] ( Chapter 4 added by Stats. 1989, Ch. 1437, Sec. 1. ) ## 17739. (a) When determining the placement of a foster child who is medically fragile, as defined in subdivision (b) of Section 1760.2 of the Health and Safety Code, priority consideration shall be given to placement with a foster parent who is an individual nurse provider, as defined in subdivision (m) of Section 14043.26 of the Welfare and Institutions Code, who provides health services under the federal Early and Periodic Screening, Diagnosis and Treatment program (Section 1396d(a)(4)(B) of Title 42 of the United States Code). (b) The priority consideration described in subdivision (a) shall be subordinate to the preference granted to a relative of the child under Section 361.3, in accordance with Section 671(a)(19) of Title 42 of the United States Code. (c) This section does not prohibit a child welfare agency or the juvenile court from placing a medically fragile foster child in a specialized foster care home with appropriate support services or another appropriate placement if it is deemed to be in the best interest of the child. (d) For purposes of placements made pursuant to this section, a medically fragile child shall be deemed to meet the definition of a “child with special health care needs,” as defined by Section 17710, and shall be subject to this chapter and any other applicable regulations adopted pursuant to this chapter. (Added by Stats. 2013, Ch. 490, Sec. 2. (AB 1133) Effective January 1, 2014.)
  75. 1774.

    ## 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 ↗

    Certain female wards may choose a physician for pregnancy determination and related care, pregnant or postpartum wards generally may not be restrained, and the director may set examination 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1774. (a) A female who has been committed to the Division of Juvenile Facilities shall have the right to summon and receive the services of a physician and surgeon of her choice in order to determine whether she is pregnant. The director may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate that determination. (b) If she is found to be pregnant, she is entitled to a determination of the extent of the medical services needed by her and to the receipt of those services from the physician and surgeon of her choice. Expenses occasioned by the services of a physician and surgeon whose services are not provided by the facility shall be borne by the female. (c) A ward who gives birth while under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a community treatment program has the right to the following services: (1) Prenatal care. (2) Access to prenatal vitamins. (3) Childbirth education. (d) A ward who is known to be pregnant or in recovery after delivery shall not be restrained except as provided by Section 3407 of the Penal Code. (e) A physician providing services pursuant to this section shall possess a current, valid, and unrevoked certificate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (f) The rights provided to females by this section shall be posted in at least one conspicuous place to which all female wards have access. (Amended by Stats. 2012, Ch. 726, Sec. 5. (AB 2530) Effective January 1, 2013.)
  76. 1776.

    ## 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 ↗

    Counties are reimbursed for certain juvenile detention costs, but the department may reduce or withhold payment, and late claims are barred after six months.

    ## 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. ) ## 1776. Whenever an alleged parole violator is detained in a county detention facility pursuant to a valid exercise of the powers of the Department of Corrections and Rehabilitation as specified in Sections 1753, 1755, and 1767.3 and when such detention is initiated by the Department of Corrections and Rehabilitation and is related solely to a violation of the conditions of parole and is not related to a new criminal charge, the county shall be reimbursed for the costs of such detention by the Department of the Department of Corrections and Rehabilitation. Such reimbursement shall be expended for maintenance, upkeep, and improvement of juvenile hall and jail conditions, facilities, and services. Before the county is reimbursed by the department, the total amount of all charges against that county authorized by law for services rendered by the department shall be first deducted from the gross amount of the reimbursement authorized by this section. Such net reimbursement shall be calculated and paid monthly by the department. The department shall withhold all or part of such net reimbursement to a county whose juvenile hall or jail facility or facilities do not conform to minimum standards for local detention facilities as authorized by Section 6030 of the Penal Code or Section 210 of this code. “Costs of such detention,” as used in this section, shall include the same cost factors as are utilized by the Department of Corrections and Rehabilitation in determining the cost of prisoner care in state correctional facilities. No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred. (Amended by Stats. 2007, Ch. 175, Sec. 28. Effective August 24, 2007.)
  77. 1777.

    ## 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 ↗

    Money a ward receives under the Federal Social Security Act may be used for the reasonable costs of the ward’s support and maintenance while the ward is incarcerated by 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 4. Powers and Duties of Youth Authority [1750 - 1778] ( Heading of Article 4 amended by Stats. 1943, Ch. 690. ) ## 1777. Any moneys received pursuant to the Federal Social Security Act by a ward who is incarcerated by the Youth Authority are liable for the reasonable costs of the ward’s support and maintenance. (Added by Stats. 1983, Ch. 936, Sec. 2.)
  78. 1778.

    ## 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 ↗

    Chapter 4.5 of the Government Code does not apply to certain Youth Authority parole hearings or adjudications.

    ## 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. ) ## 1778. Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a parole hearing or other adjudication concerning rights of a person committed to the control of the Youth Authority conducted by the Department of the Youth Authority or the Youth Authority Board. (Amended by Stats. 2003, Ch. 4, Sec. 42. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  79. 1780.

    ## 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    If discharge would occur before the end of the control period and the Department believes the person would be dangerous to the public, the Department must petition the committing 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. ) ## 1780. If the date of discharge occurs before the expiration of a period of control equal to the maximum term prescribed by law for the offense of which he or she was convicted, and if the Department of the Youth Authority believes that unrestrained freedom for that person would be dangerous to the public, the Department of the Youth Authority shall petition the court by which the commitment was made. The petition shall be accompanied by a written statement of the facts upon which the department bases its opinion that discharge from its control at the time stated would be dangerous to the public, but a petition may not be dismissed merely because of its form or an asserted insufficiency of its allegations; every order shall be reviewed upon its merits. (Amended by Stats. 2003, Ch. 4, Sec. 43. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  80. 17800.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.7. HEALTH CARE FOR LOW-INCOME PERSONS NOT COVERED BY THE MEDICARE PROGRAM OR THE MEDI-CAL PROGRAM [17800 - 17801] ( Part 5.7 added by Stats. 2005, Ch. 207, Sec. 1. )

    Verify source ↗

    A not-for-profit hospital that chooses to participate in the 340B drug discount program may make an agreement with the State Department of Health Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.7. HEALTH CARE FOR LOW-INCOME PERSONS NOT COVERED BY THE MEDICARE PROGRAM OR THE MEDI-CAL PROGRAM [17800 - 17801] ( Part 5.7 added by Stats. 2005, Ch. 207, Sec. 1. ) ## 17800. A not-for-profit hospital that elects to participate in the drug discount program established under Section 340B of the federal Public Health Service Act (42 U.S.C. Sec. 256b) may enter into an agreement with the State Department of Health Services for that purpose, which shall be subject to this part. (Amended by Stats. 2006, Ch. 538, Sec. 716. Effective January 1, 2007.)
  81. 17801.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.7. HEALTH CARE FOR LOW-INCOME PERSONS NOT COVERED BY THE MEDICARE PROGRAM OR THE MEDI-CAL PROGRAM [17800 - 17801] ( Part 5.7 added by Stats. 2005, Ch. 207, Sec. 1. )

    Verify source ↗

    The State Department of Health Services must develop a standard contract for Section 17800 agreements, and a not-for-profit hospital must agree to continue charity care. The contract continues until either party ends it with at least 60 days’ prior written notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.7. HEALTH CARE FOR LOW-INCOME PERSONS NOT COVERED BY THE MEDICARE PROGRAM OR THE MEDI-CAL PROGRAM [17800 - 17801] ( Part 5.7 added by Stats. 2005, Ch. 207, Sec. 1. ) ## 17801. The State Department of Health Services shall develop a standard contract for use in an agreement entered into pursuant to Section 17800, which shall include, but not be limited to, the following terms: (a) Initially upon contracting with the State Department of Health Services pursuant to Section 17800, the not-for-profit hospital shall agree to continue its historic commitment to the provision of charity care, as reported to the Office of Statewide Health Planning and Development. (b) The term of the contract shall continue until terminated by either party upon not less than 60 days’ prior written notice to the other party. (Added by Stats. 2005, Ch. 207, Sec. 1. Effective January 1, 2006.)
  82. 1781.

    ## 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    After a petition is filed, the court must notify the person involved, may also notify a minor’s parent or guardian if practicable, provide an opportunity to appear with counsel and evidence process, and appoint counsel if the person cannot provide their own. For certain Youth Authority cases involving rape or murder, the Department of the Youth Authority must send written notice to specified persons, including at least 30 days before the hearing.

    ## 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. ) ## 1781. Upon the filing of a petition under this article, the court shall notify the person whose liberty is involved, and if he or she is a minor, his or her parent or guardian if practicable, of the application and shall afford him or her an opportunity to appear in court with the aid of counsel and of process to compel attendance of witnesses and production of evidence. When he or she is unable to provide his or her own counsel, the court shall appoint counsel to represent him or her. In the case of any person who is the subject of such a petition and who is under the control of the Youth Authority for the commission of any offense of rape in violation of paragraph (1) or (2) of subdivision (a) of Section 262 or subdivision (2) or subdivision (3) of Section 261 of the Penal Code, or murder, the Department of the Youth Authority shall send written notice of the petition and of any hearing set for the petition to each of the following persons: the attorney for the person who is the subject of the petition, the district attorney of the county from which the person was committed, and the law enforcement agency that investigated the case. The department shall also send written notice to the victim of the rape or the next of kin of the person murdered if he or she requests notice from the department and keeps it apprised of his or her current mailing address. Notice shall be sent at least 30 days before the hearing. (Amended by Stats. 2003, Ch. 4, Sec. 44. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  83. 1782.

    ## 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    The committing court may discharge the person, place the person on probation, or commit the person to state prison.

    ## 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. ) ## 1782. Such committing court may thereupon discharge the person, admit him or her to probation or may commit him or her to the state prison. 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 Youth Authority. (Amended by Stats. 1979, Ch. 860.)
  84. 1783.

    ## 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. )

    Verify source ↗

    An appeal may be taken from the court’s order committing a person to state prison under 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 5. Commitment to State Prison After Expiration of Control [1780 - 1783] ( Article 5 added by Stats. 1941, Ch. 937. ) ## 1783. An appeal may be taken from the order of the court committing a person to the State prison under this chapter in the same manner as appeals are taken from convictions in the criminal cases under the Penal Code. (Added by Stats. 1941, Ch. 937.)
  85. 1784.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. )

    Verify source ↗

    The Legislature states that community resources should be mobilized to help youthful offenders get needed services, and that similar community-based programs should be encouraged statewide.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. ) ## 1784. The Legislature finds and declares all of the following: (a) That the mobilization of community resources to assist in providing youthful offenders with necessary educational, psychological, medical, and other services which relate to root causes of delinquency is vital. (b) That due to increased and heavy caseloads, probation officers cannot be expected to assume the full burden of providing necessary services to youthful offenders. (c) That addressing the root causes of delinquent behavior in a cost-effective manner yields enormous societal benefits in the prevention of future criminality and the integration of the offender into productive society. (d) That by encouraging community participation, programs such as the Juvenile Justice Connection Project in Los Angeles County have achieved great success in providing services to young people at a substantial savings to the taxpayer. (e) That efforts to implement similar projects throughout the state should be encouraged and supported. (Added by Stats. 1984, Ch. 1752, Sec. 2.)
  86. 1784.1.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. )

    Verify source ↗

    The Director of the Youth Authority must provide technical assistance on request for juvenile justice community resource 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. ) ## 1784.1. (a) The Director of the Youth Authority shall, upon request, provide technical assistance to judges, probation officers, law enforcement officials, school administrators, welfare administrators, and other public and private organizations and citizen groups concerning the development and implementation of juvenile justice community resource programs. (b) As used in this article, “juvenile justice community resource program” means a program which does both of the following: (1) Develops a directory or bank of public and private agencies, practitioners, and other community resources to offer services that are needed by youthful offenders, including, but not limited to, medical, psychological, educational, recreational, and vocational services. (2) Provides diagnostic screening for youthful offenders referred to the program and matches the offender with a provider of services. (c) As used in this article, “youthful offender” means a person described by Section 601 or 602. (Added by Stats. 1984, Ch. 1752, Sec. 2.)
  87. 1784.2.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. )

    Verify source ↗

    The Director of the Youth Authority must provide grants for juvenile justice community resource programs, and eligible nonprofit agencies may apply for funding.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. ) ## 1784.2. (a) The Director of the Youth Authority shall provide grants from funds made available for this purpose, for the development, implementation, and support of juvenile justice community resource programs. (b) Any public or private nonprofit agency that does not directly deliver services may apply to the director for funding as a juvenile justice community resource program pursuant to this article. (c) Funding may consist of organizational and program grants. (1) As used in this article, “organizational grants” means grants for the purpose of funding community organization efforts in order to develop a bank of public and private agencies, and other community resources, to provide services needed by youthful offenders and to provide financial support to the referral program. An applicant may receive only one organizational grant, which may not exceed thirty thousand dollars ($30,000). (2) As used in this article, “program grants” means grants to support the operating costs of the referral programs. A program grant may not exceed fifty thousand dollars ($50,000) per applicant per year. As a further limitation, beginning in the second year of the program grant, the amount of the program grant may not exceed a prescribed percentage of the referral program’s operating budget, as follows: 50 percent in the second year of the program grant, 33 percent in the third year, 25 percent in the fourth year, and 20 percent in the fifth and subsequent years of the program grant. (d) The director shall consider all of the following factors, together with any other circumstances he or she deems appropriate, in selecting applicants to receive funds pursuant to this article. (1) The stated goals of applicants. (2) The number of youthful offenders to be served and the needs of the community. (3) Evidence of community support, including, but not limited to, business, labor, professional, educational, charitable, and social service groups. (e) In addition to the factors specified in subdivision (d), in selecting applicants to receive program grants, the director shall also consider all of the following: (1) Description of the number and type of service providers available. (2) Existence of support and involvement by participants in the local juvenile justice system, including law enforcement, probation, prosecution, and the judiciary. (3) The organizational structure of the agency which will operate the program. (4) Specific plans for meeting the percentage of local funding of operating costs as specified in paragraph (2) of subdivision (c). (f) After consultation with the advisory committee, and upon evaluation of all applicants pursuant to the above criteria and any other criteria established by the advisory committee, the director shall select the public or private nonprofit agencies which he or she deems qualified to receive funds for the establishment and operation of the programs. (g) The initial evaluation, selection, and funding of applicants shall take place prior to January 1, 1986. (Amended by Stats. 1992, Ch. 711, Sec. 139. Effective September 15, 1992.)
  88. 1784.3.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. )

    Verify source ↗

    The Director of the Youth Authority must appoint an eight-member advisory committee for community resource referral 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. ) ## 1784.3. The Director of the Youth Authority shall appoint an eight-member advisory committee on community resource referral programs to advise him or her on matters relating to this article. Committee members shall include representatives of business, labor, professional, charitable, educational, and social service groups, as well as those working within the juvenile justice system. The members of the committee shall be entitled to their reasonable expenses, including travel expenses, incurred in the discharge of their duties. (Added by Stats. 1984, Ch. 1752, Sec. 2.)
  89. 1784.4.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. )

    Verify source ↗

    The director may accept funds and grants from any source, including public or private sources, to support the purposes of this article.

    ## 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 5.2. Juvenile Justice Community Resource Programs [1784 - 1784.4] ( Article 5.2 added by Stats. 1984, Ch. 1752, Sec. 2. ) ## 1784.4. The director may accept funds and grants from any source, public or private, to assist in accomplishing the purposes of this article. (Added by Stats. 1984, Ch. 1752, Sec. 2.)
  90. 17850.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.8. PUBLIC BENEFITS [17850 - 17852] ( Part 5.8 added by Stats. 2006, Ch. 801, Sec. 1. )

    Verify source ↗

    The Legislature states its intent to affirm that counties, cities, and hospital districts may provide health care and other services to all residents if they choose to do so at their own discretion.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.8. PUBLIC BENEFITS [17850 - 17852] ( Part 5.8 added by Stats. 2006, Ch. 801, Sec. 1. ) ## 17850. It is the intent of the Legislature in enacting this part to affirm the ability of counties, cities, and hospital districts to provide health care and other services to all residents, if any of these entities has decided to do so at its own discretion. (Added by Stats. 2006, Ch. 801, Sec. 1. Effective January 1, 2007.)
  91. 17851.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.8. PUBLIC BENEFITS [17850 - 17852] ( Part 5.8 added by Stats. 2006, Ch. 801, Sec. 1. )

    Verify source ↗

    A city, county, city and county, or hospital district may choose to provide aid, including health care, to certain persons who would otherwise qualify for the entity’s programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.8. PUBLIC BENEFITS [17850 - 17852] ( Part 5.8 added by Stats. 2006, Ch. 801, Sec. 1. ) ## 17851. A city, county, city and county, or hospital district may, at its discretion, provide aid, including health care, to persons who, but for Section 411 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193; 8 U.S.C. Sec. 1621), would meet eligibility requirements for any program of that entity. (Added by Stats. 2006, Ch. 801, Sec. 1. Effective January 1, 2007.)
  92. 17852.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.8. PUBLIC BENEFITS [17850 - 17852] ( Part 5.8 added by Stats. 2006, Ch. 801, Sec. 1. )

    Verify source ↗

    Public agencies may collect certain information for eligibility and program administration, but that information is generally confidential and may not be disclosed except in specified cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 5.8. PUBLIC BENEFITS [17850 - 17852] ( Part 5.8 added by Stats. 2006, Ch. 801, Sec. 1. ) ## 17852. (a) The state, a city, county, city and county, or hospital district may collect information for the purposes of this part only as required to assess eligibility for, or to administer, public services or programs. This shall include coordinating services or programs across state and local agencies, ensuring that public services or programs adequately service individuals and diverse communities, enforcing civil rights protections, and providing access to services, programs, or benefits for which an individual may be eligible or that address needs for health, social, or other services. This section shall include third parties under contract with a public officer or agency. (b) All types of information, whether written or oral, concerning a person made or kept by any public officer or agency for the purpose of assessing eligibility for, or administering the services authorized by, this part are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), are confidential, and shall not be disclosed except as required to administer the services or as required by law, as required by a federal or state court order, or to the state or local public health officer to carry out the duties of investigation, control, or surveillance of disease, as determined by the state or local public health agency. (c) This section shall not prohibit the sharing of data as long as it is disclosed in a manner that could not be used to determine the identities of the persons to whom the data pertains, alone, or in combination with other data. (d) This section shall not prohibit the sharing of personal information when the subject of that information has provided signed, written consent allowing the information to be provided to the person requesting the information. (Amended by Stats. 2021, Ch. 615, Sec. 462. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  93. 1787.

    ## 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 5.4. Runaway Youth and Families in Crisis Project [1787 - 1789] ( Article 5.4 added by Stats. 1998, Ch. 1065, Sec. 2. )

    Verify source ↗

    This section says the Legislature found runaway and at-risk youth services were inadequate and set out a purpose to create three-year pilot projects offering shelter, transitional living, and low-cost family crisis resolution 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 5.4. Runaway Youth and Families in Crisis Project [1787 - 1789] ( Article 5.4 added by Stats. 1998, Ch. 1065, Sec. 2. ) ## 1787. The Legislature finds and declares all of the following: (a) A tremendous percentage of juveniles who commit status offenses including, but not limited to, running away, school truancy and incorrigibility, ultimately enter the juvenile justice system for subsequently engaging in delinquent, otherwise criminal behavior. (b) In 1990, it was estimated that 48,629 youths ran away from their homes in California. (c) In 1989, 776 runaway youths served by 33 nonprofit youth-runaway shelters in California, surveyed during a one-month period, identified one or more of the following as a problem: (1) Family crisis ........................ 73% (2) School problems ........................ 63% (3) Victims of crime/abuse ........................ 57% (4) Homeless/runaway ........................ 55% (5) Substance abuse ........................ 43% (6) Delinquent behavior ........................ 26% (7) Other ........................ 9% (d) It is estimated that 43 emergency shelters presently serve runaway youths as well as homeless youths and adults in California. (e) It is estimated that 10 transitional living facilities are operated presently in California to provide youths with independent living skills, employment skills, and home responsibilities. (f) It is conservatively projected that by the year 2000 there will be a deficit of 1,222 emergency shelter beds and 930 long-term beds statewide. (g) Resources for runaway, homeless, and at-risk youth and their families are severely inadequate to meet their needs. (h) The Counties of Fresno, Sacramento, San Bernardino, and Solano either (1) do not provide temporary or long-term shelter services or family crises services to runaway, homeless, and nonrunaway youth, or (2) do provide such services but at levels which substantially fail to meet the need. The purpose of this chapter, therefore, is to establish three-year pilot projects in San Joaquin Central Valley, in the northern region of California, and in the southern region of California, whereby each project will provide temporary shelter services, transitional living shelter services, and low-cost family crisis resolution services based on a sliding fee scale to runaway youth, nonrunaway youth, and their working families. It is the intent of this chapter that services will be provided to prevent at-risk youth from engaging in delinquent and criminal behavior and to reduce the numbers of at-risk families from engaging in neglectful, abusive, and criminal behavior. (Added by renumbering Section 1790 (as added by Stats. 1998, Ch. 1065) by Stats. 1999, Ch. 83, Sec. 195. Effective January 1, 2000.)
  94. 1788.

    ## 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 5.4. Runaway Youth and Families in Crisis Project [1787 - 1789] ( Article 5.4 added by Stats. 1998, Ch. 1065, Sec. 2. )

    Verify source ↗

    Runaway Youth and Families in Crisis Projects must provide specified services, including shelter, counseling, referrals, reunification support, transitional living help, and parent notification.

    ## 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 5.4. Runaway Youth and Families in Crisis Project [1787 - 1789] ( Article 5.4 added by Stats. 1998, Ch. 1065, Sec. 2. ) ## 1788. Each Runaway Youth and Families in Crisis Project established under this article shall provide services which shall include, but not be limited to, all of the following: (a) Temporary shelter and related services to runaway youth. The services shall include: (1) Food and access to overnight shelter for no more than 14 days. (2) Counseling and referrals to services which address immediate emotional needs or problems. (3) Screening for basic health needs and referral to public and private health providers for health care. Shelters that are not equipped to house a youth with substance abuse problems shall refer that youth to an appropriate clinic or facility. The shelter shall monitor the youth’s progress and assist the youth with services upon his or her release from the substance abuse facility. (4) Long-term planning so that the youth may be returned to the home of the parent or guardian under conditions which favor long-term reunification with the family, or so the youth can be suitably placed in a situation outside of the parental or guardian home when such reunification is not possible. (5) Outreach services and activities to locate runaway youth and to link them with project services. (b) Family crisis resolution services to runaway and nonrunaway youth and their families which shall include: (1) Parent training. (2) Family counseling. (3) Services designed to reunify youth and their families. (4) Referral to other services offered in the community by public and private agencies. (5) Long-term planning so that the youth may be returned to the home of the parent or guardian under conditions which favor long-term reunification with the family, or so the youth can be suitably placed in a situation outside of the parental or guardian home when such reunification is not possible. (6) Followup services to ensure that the return to the parent or guardian or the placement outside of the parental or guardian home is stable. (7) Outreach services and activities to locate runaway and nonrunaway youth and to link them with project services. (c) Transitional living services shall include: (1) Long-term shelter. (2) Independent living skill services. (3) Preemployment and employment skills training. (4) Home responsibilities training. (d) Where appropriate and necessary, some of the services identified under this section must also be provided in the local community and in the home of project clients. Projects shall notify parents that their children are staying at a project site consistent with state and federal parent notification requirements. (Amended by Stats. 2000, Ch. 135, Sec. 169. Effective January 1, 2001.)
  95. 1789.

    ## 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 5.4. Runaway Youth and Families in Crisis Project [1787 - 1789] ( Article 5.4 added by Stats. 1998, Ch. 1065, Sec. 2. )

    Verify source ↗

    A youth crisis project must be established in specified California regions, and the Office of Emergency Services must run the grant process and set application requirements.

    ## 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 5.4. Runaway Youth and Families in Crisis Project [1787 - 1789] ( Article 5.4 added by Stats. 1998, Ch. 1065, Sec. 2. ) ## 1789. (a) A Runaway Youth and Families in Crisis Project shall be established in one or more counties in the San Joaquin Central Valley, in one or more counties in the northern region of California, and in one or more counties in the southern region of California. Each project may have one central location, or more than one site, in order to effectively serve the target population. (b) The Office of Emergency Services shall prepare and disseminate a request for proposals to prospective grantees under this chapter within four months after this chapter has been approved and enacted by the Legislature. The Office of Emergency Services shall enter into grant award agreements for a period of no less than three years, and the operation of projects shall begin no later than four months after grant award agreements are entered into between the agency and the grantee. Grants shall be awarded based on the quality of the proposal, the documented need for services in regard to runaway youth, and to organizations, as specified in subdivision (d) of this section, in localities that receive a disproportionately low share of existing federal and state support for youth shelter programs. (c) The Office of Emergency Services shall require applicants to identify, in their applications, measurable outcomes by which the agency will measure the success of the applicant’s project. These measurable outcomes shall include, but not be limited to, the number of clients served and the percentage of clients who are successfully returned to the home of a parent or guardian or to an alternate living condition when reunification is not possible. (d) Only private, nonprofit organizations shall be eligible to apply for funds under this chapter to operate a Runaway Youth and Families in Crisis Project, and these organizations shall be required to annually contribute a local match of at least 15 percent in cash or in-kind contribution to the project during the term of the grant award agreement. Preference shall be given to organizations that demonstrate a record of providing effective services to runaway youth or families in crisis for at least three years, successfully operating a youth shelter for runaway and homeless youth, or successfully operating a transitional living facility for runaway and homeless youth who do not receive transitional living services through the juvenile justice system. Additional weight shall also be given to those organizations that demonstrate a history of collaborating with other agencies and individuals in providing such services. Priority shall be given to organizations with existing facilities. Preference shall also be given to organizations that demonstrate the ability to progressively decrease their reliance on resources provided under this chapter and to operate this project beyond the period that the organization receives funds under this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 535. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  96. 1790.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    This article states that its purpose is to reduce crime and delinquency by supporting the development, establishment, and operation of community-based prevention 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1790. The purpose of this article is to reduce crime and delinquency by assisting the development, establishment and operation of comprehensive public and private community based programs for crime and delinquency prevention. (Added by Stats. 1974, Ch. 1401.)
  97. 1791.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The Department of the Youth Authority must lead on behalf of the state, and all state agencies must cooperate with it to support a statewide program to reduce and prevent crime and delinquency.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1791. The Department of the Youth Authority shall exercise leadership on behalf of the state in order to accomplish the purpose of this article. All state agencies shall cooperate with the Department of the Youth Authority in order to bring about a statewide program for the reduction and prevention of crime and delinquency. (Added by Stats. 1974, Ch. 1401.)
  98. 1792.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The Director of the Youth Authority may give funding to agencies for crime and delinquency prevention programs, but an organization may not receive the support unless it meets standards under Section 1793.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1792. The Director of the Youth Authority may provide funds for financial support, in amounts determined by him, from funds available for such purposes, to public or private agencies engaging in crime and delinquency prevention programs. No public or private organization may receive such support unless it complies with the standards developed pursuant to Section 1793. (Added by Stats. 1974, Ch. 1401.)
  99. 1792.1.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The director must make annual allocations for administrative expenses to county delinquency prevention commissions, up to $1,000 per commission each 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1792.1. The director shall make annual allocations from funds made available to him for such purposes for administrative expenses to county delinquency prevention commissions established pursuant to Sections 233 and 235 not to exceed one thousand dollars ($1,000) per year for each commission. (Added by Stats. 1978, Ch. 380.)
  100. 1792.2.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The director may make additional matching allocations from available funds to county delinquency prevention commissions for delinquency prevention projects or 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1792.2. The director may make additional matching allocations from funds available to him for such purposes, in amounts determined by him, to county delinquency prevention commissions for the development and operation of delinquency prevention projects or programs administered and operated by local governmental or nongovernmental organizations under the general supervision of the county delinquency prevention commission. (Added by Stats. 1974, Ch. 1401.)
  101. 1793.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The Director of the Youth Authority must develop standards for certain funded youth programs and seek advice from citizens, agency representatives, and youth groups when doing so.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1793. The Director of the Youth Authority shall develop standards for the operation of programs funded under Sections 1792, 1792.1 and 1792.2. He shall seek advice from interested citizens, appropriate representatives of public and private agencies and youth groups in developing such standards. (Added by Stats. 1974, Ch. 1401.)
  102. 1794.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The department must set the amount, timing, and method of assistance payments if assistance is granted.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1794. Application for funds under Sections 1792, 1792.1, and 1792.2 shall be made to the Director of the Youth Authority in the manner and form prescribed by the department. The department shall prescribe the amounts, time, and manner of payments of assistance if granted. (Added by Stats. 1974, Ch. 1401.)
  103. 1795.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The Director of the Youth Authority may provide technical assistance 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1795. To help communities develop effective local programs, the Director of the Youth Authority may, upon request, provide technical assistance to judges, probation officers, law enforcement officials, school administrators, welfare administrators, and other public and private organizations, and citizen groups. The assistance may include studies and surveys to identify problems, development of written instructional or information materials, preparation of policy statements and procedural guides, field consultation with appropriate persons in the community, and other assistance as appears appropriate. (Added by Stats. 1974, Ch. 1401.)
  104. 1796.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The Director of the Youth Authority may use available funds to support demonstration or experimental projects for testing new delinquency-prevention methods or strategies.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1796. The Director of the Youth Authority may from funds available to him for such purposes provide funds for demonstration or experimental projects designed to test the validity of new methods or strategies in delinquency prevention programs. (Added by Stats. 1974, Ch. 1401.)
  105. 1797.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The director may help establish public committees focused on preventing or reducing crime and delinquency among youth, and may take part in the work of those committees.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1797. The director may assist in the establishment of public committees having as their object the prevention or decrease of crime and delinquency among youth, and the director may participate in the work of any such existing or established committees. (Added by Stats. 1974, Ch. 1401.)
  106. 1798.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The State Commission on Juvenile Justice, Crime and Delinquency Prevention is abolished as of July 1, 2005.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1798. As of July 1, 2005, the State Commission on Juvenile Justice, Crime and Delinquency Prevention is abolished. (Amended by Stats. 2005, Ch. 10, Sec. 89. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  107. 1799.

    ## 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. )

    Verify source ↗

    The director may enter into contracts with specified governments and 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 5.5. Crime and Delinquency Prevention [1790 - 1799] ( Article 5.5 added by Stats. 1974, Ch. 1401. ) ## 1799. The director may, with the approval of the Director of General Services, enter into contracts with the federal government, other state governments, counties, cities, private foundations, private organizations, or any other group to accomplish the purposes of this article. (Added by Stats. 1974, Ch. 1401.)
  108. 18.

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

    Verify source ↗

    If part of the code is invalid, the rest still applies.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 18. If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1937, Ch. 369.)
  109. 1800.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

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    If the Division of Juvenile Facilities believes a person’s release would be physically dangerous to the public, it must ask the prosecuting attorney to seek a court order to keep the person under division control, and the petition must be filed at least 90 days before discharge.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1800. (a) Whenever the Division of Juvenile Facilities determines that the discharge of a person from the control of the division at the time required by Section 1766, 1769, 1770, or 1771, as applicable, would be physically dangerous to the public because of the person’s mental or physical deficiency, disorder, or abnormality that causes the person to have serious difficulty controlling his or her dangerous behavior, the division, through the Director of the Division of Juvenile Justice, shall request the prosecuting attorney to petition the committing court for an order directing that the person remain subject to the control of the division beyond that time. The petition shall be filed at least 90 days before the time of discharge otherwise required. The petition shall be accompanied by a written statement of the facts upon which the division bases its opinion that discharge from control of the division at the time stated would be physically dangerous to the public, but the petition may not be dismissed and an order may not be denied merely because of technical defects in the application. (b) The prosecuting attorney shall promptly notify the Division of Juvenile Facilities of a decision not to file a petition. (Amended by Stats. 2012, Ch. 41, Sec. 111. (SB 1021) Effective June 27, 2012.)
  110. 1800.5.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

    Verify source ↗

    This section lets the Board of Parole Hearings ask for a juvenile case review, and it sets follow-up steps, paperwork, and deadlines.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1800.5. Notwithstanding any other provision of law, the Board of Parole Hearings may request the Director of the Division of Juvenile Justice to review any case in which the Division of Juvenile Facilities has not made a request to the prosecuting attorney pursuant to Section 1800 and the board finds that the ward would be physically dangerous to the public because of the ward’s mental or physical deficiency, disorder, or abnormality that causes the person to have serious difficulty controlling his or her dangerous behavior. Upon the board’s request, a mental health professional designated by the director shall review the case and thereafter may affirm the finding or order additional assessment of the ward. If, after review, the mental health designee affirms the initial finding, concludes that a subsequent assessment does not demonstrate that a ward is subject to extended detention pursuant to Section 1800, or fails to respond to a request from the board within the timeframe mandated by this section, the board thereafter may request the prosecuting attorney to petition the committing court for an order directing that the person remain subject to the control of the division pursuant to Section 1800 if the board continues to find that the ward would be physically dangerous to the public because of the ward’s mental or physical deficiency, disorder, or abnormality that causes the person to have serious difficulty controlling his or her dangerous behavior. The board’s request to the prosecuting attorney shall be accompanied by a copy of the ward’s file and any documentation upon which the board bases its opinion, and shall include any documentation of the division’s review and recommendations made pursuant to this section. Any request for review pursuant to this section shall be submitted to the director not less than 120 days before the date of final discharge, and the review shall be completed and transmitted to the board not more than 15 days after the request has been received. (Amended by Stats. 2012, Ch. 41, Sec. 112. (SB 1021) Effective June 27, 2012.)
  111. 18000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section states the purpose of the chapter: to keep certain state aid plans operating if federal assistance is temporarily delayed or unavailable.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 18000. The purpose of this chapter is to provide for the continued operation of the state plans for aid to the aged, the blind, aid to the disabled, and families with dependent children in the event that federal assistance therefor is temporarily delayed or not available, without the changes and modifications in such plans provided for in this code as a consequence of the withdrawal of federal assistance for such aid from this state. (Added by Stats. 1965, Ch. 1784.)
  112. 18001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section defines “joint public assistance” and “eligible recipient” 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 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 18001. As used in this chapter “joint public assistance” means aid to families with dependent children, aid to the aged, aid to the blind, and aid to the disabled, and “eligible recipient” means any person eligible for such joint public assistance. (Added by Stats. 1965, Ch. 1784.)
  113. 18002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The Governor may declare a welfare emergency within a limited time window if specified federal assistance 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 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 18002. The Governor may, within 15 days prior to the commencement of any fiscal quarter or during any fiscal quarter, proclaim the existence of a period of welfare emergency, whenever he finds as facts all of the following: (a) Assistance to this state for joint public assistance is provided for by the Federal Social Security Act or other federal legislation. (b) This state has qualified to receive federal assistance for joint public assistance, and has not been notified that further payment of such federal assistance will not be made because of the failure of this state to comply with the requirements of the federal legislation. (c) Federal assistance to this state for joint public assistance for the entire fiscal quarter has not been received, and it is improbable that such federal assistance will be received by the state prior to the usual time for transmitting such federal assistance to the counties of this state. Any period of welfare emergency proclaimed by the Governor pursuant to this section shall commence on the date of the proclamation by the Governor, and shall continue until federal assistance is received by this state for joint public assistance for the first quarter following the date of the proclamation, or until the commencement of the second quarter following that date, whichever first occurs. In no event shall any period of welfare emergency continue for more than four calendar months, nor shall any subsequent period of welfare emergency be proclaimed unless federal assistance has been received by this state for each prior fiscal quarter commencing during any prior period of welfare emergency. (Added by Stats. 1965, Ch. 1784.)
  114. 18003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    During a duly proclaimed welfare emergency, this section authorizes monthly appropriations from the State Treasury to each county for joint public assistance to eligible recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 18003. Out of any money in the State Treasury not otherwise appropriated, there is hereby appropriated each month to every county within this state for joint public assistance to eligible recipients, an amount, as estimated by the department, equal to the aggregate amount of federal assistance payable to this state under federal law for joint public assistance to eligible recipients within the county. This appropriation is in addition to any other appropriation to the counties of the state for joint public assistance or for any aid within the definition of joint public assistance. Payment of the sums appropriated by this section shall be made in the manner provided by Chapter 9 of Part 3 of this code. This section shall be operative only during periods of welfare emergency duly proclaimed by the Governor pursuant to Section 18002. (Added by Stats. 1965, Ch. 1784. Conditionally operative by its own provisions.)
  115. 18004.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Money appropriated under Section 18003 is treated as federal assistance for specified aid programs, not as state money, and is not treated as federal assistance for administering joint public assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 18004. The sums appropriated by Section 18003 shall be considered for all purposes to be “federal assistance” and “grants-in-aid” from the United States government for aid to families with dependent children, aid to the aged, aid to the blind, and aid to the disabled, respectively, and shall not be considered to be state moneys or appropriations from the State Treasury. All such sums shall be subject to all of the provisions applicable to funds received by this state from the United States government, and all of the provisions of the chapters governing public assistance programs shall be construed and applied in every respect as if such funds had been in fact received by this state from the United States government. However, none of such sums shall be considered for any purpose to be federal assistance or grants for the cost of administering joint public assistance. (Added by Stats. 1965, Ch. 1784.)
  116. 18005.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    If federal assistance is later received, amounts previously spent under Section 18002 for joint public assistance must be repaid to the state and deposited into the General Fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. Welfare Emergency Financing [18000 - 18005] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 18005. Whenever federal assistance to this state for joint public assistance for any period of welfare emergency during which sums appropriated by Section 18002 have been expended is received by this state, any sums appropriated by Section 18002, which have theretofore been expended for joint public assistance pursuant to this chapter, shall be repaid to the state from the funds so received, and deposited in the General Fund in the State Treasury to the credit of the appropriation made by Section 18002. (Added by Stats. 1965, Ch. 1784.)
  117. 1801.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

    Verify source ↗

    The court must hold a probable-cause hearing, notify the person involved, provide counsel-related protections, and decide whether to dismiss the petition or order a trial.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1801. (a) If a petition is filed with the court for an order as provided in Section 1800 and, upon review, the court determines that the petition, on its face, supports a finding of probable cause, the court shall order that a hearing be held pursuant to subdivision (b). The court shall notify the person whose liberty is involved and, if the person is a minor, his or her parent or guardian (if that person can be reached, and, if not, the court shall appoint a person to act in the place of the parent or guardian) of the hearing, and shall afford the person an opportunity to appear at the hearing with the aid of counsel and the right to cross-examine experts or other witnesses upon whose information, opinion, or testimony the petition is based. The court shall inform the person named in the petition of his or her right of process to compel attendance of relevant witnesses and the production of relevant evidence. When the person is unable to provide his or her own counsel, the court shall appoint counsel to represent him or her. The probable cause hearing shall be held within 10 calendar days after the date the order is issued pursuant to this subdivision unless the person named in the petition waives this time. (b) At the probable cause hearing, the court shall receive evidence and determine whether there is probable cause to believe that discharge of the person would be physically dangerous to the public because of his or her mental or physical deficiency, disorder, or abnormality which causes the person to have serious difficulty controlling his or her dangerous behavior. If the court determines there is not probable cause, the court shall dismiss the petition and the person shall be discharged from the control of the authority at the time required by Section 1766, 1769, 1770, 1770.1, or 1771, as applicable. If the court determines there is probable cause, the court shall order that a trial be conducted to determine whether the person is physically dangerous to the public because of his or her mental or physical deficiency, disorder, or abnormality. (Amended by Stats. 2005, Ch. 110, Sec. 3. Effective July 21, 2005.)
  118. 1801.5.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

    Verify source ↗

    If a trial is ordered under Section 1801, it is by jury unless the right to a jury trial is personally waived by the person and by the prosecuting attorney, in which case the court conducts the trial.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1801.5. If a trial is ordered pursuant to Section 1801, the trial shall be by jury unless the right to a jury trial is personally waived by the person, after he or she has been fully advised of the constitutional rights being waived, and by the prosecuting attorney, in which case trial shall be by the court. If the jury is not waived, the court shall cause a jury to be summoned and to be in attendance at a date stated, not less than four days nor more than 30 days from the date of the order for trial, unless the person named in the petition waives time. The court shall submit to the jury, or, at a court trial, the court shall answer, the question: Is the person physically dangerous to the public because of his or her mental or physical deficiency, disorder, or abnormality which causes the person to have serious difficulty controlling his or her dangerous behavior? The court’s previous order entered pursuant to Section 1801 shall not be read to the jury, nor alluded to in the trial. The person shall be entitled to all rights guaranteed under the federal and state constitutions in criminal proceedings. A unanimous jury verdict shall be required in any jury trial. As to either a court or a jury trial, the standard of proof shall be that of proof beyond a reasonable doubt. (Amended by Stats. 2005, Ch. 110, Sec. 4. Effective July 21, 2005.)
  119. 1801.6.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

    Verify source ↗

    If the venue of a proceeding under this chapter is changed, the proceeding’s costs are chargeable under Penal Code Section 1037.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1801.6. When the venue of a proceeding under this chapter is changed, costs of the proceeding are chargeable as provided in Section 1037 of the Penal Code. (Added by Stats. 1988, Ch. 235, Sec. 2.)
  120. 1802.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

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    If continued detention is ordered, the authority keeps control of the person and must file a new application within two years if continued detention is still needed; otherwise the person is discharged when the period ends.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1802. When an order for continued detention is made as provided in Section 1801, the control of the authority over the person shall continue, subject to the provisions of this chapter, but, unless the person is previously discharged as provided in Section 1766, the authority shall, within two years after the date of that order in the case of persons committed by the juvenile court, or within two years after the date of that order in the case of persons committed after conviction in criminal proceedings, file a new application for continued detention in accordance with the provisions of Section 1800 if continued detention is deemed necessary. These applications may be repeated at intervals as often as in the opinion of the authority may be necessary for the protection of the public, except that the department shall have the power, in order to protect other persons in the custody of the department to transfer the custody of any person over 21 years of age to the Director of Corrections for placement in the appropriate institution. Each person shall be discharged from the control of the authority at the termination of the period stated in this section unless the authority has filed a new application and the court has made a new order for continued detention as provided above in this section. (Amended by Stats. 2003, Ch. 4, Sec. 47. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  121. 1803.

    ## 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. )

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    A person whose liberty is involved may appeal the committing court’s order; the appellate court may affirm, modify, or reverse it, and if the case is pending appeal the appellant stays under the authority’s 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 6. Extended Detention of Dangerous Persons [1800 - 1803] ( Article 6 added by Stats. 1963, Ch. 1693. ) ## 1803. An order of the committing court made pursuant to this article is appealable by the person whose liberty is involved in the same manner as a judgment in a criminal case. The appellate court may affirm the order of the lower court, or modify it, or reverse it and order the appellant to be discharged. Pending appeal, the appellant shall remain under the control of the authority. (Added by Stats. 1963, Ch. 1693.)
  122. 1805.

    ## 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 7. County Justice System Subvention Program [1805 - 1806] ( Article 7 repealed and added by Stats. 1983, Ch. 288, Sec. 5. )

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    The Legislature says this article is meant to support counties in maintaining and improving local juvenile correctional and crime-prevention systems, with funding for certain authorized 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 7. County Justice System Subvention Program [1805 - 1806] ( Article 7 repealed and added by Stats. 1983, Ch. 288, Sec. 5. ) ## 1805. It is the intent of the Legislature in enacting this article to protect society from crime and delinquency by helping counties maintain and improve local correctional systems and crime and delinquency prevention programs by encouraging the continued availability of county operated juvenile correctional facilities, and by providing funding for services required or authorized by Chapter 1071 of the Statutes of 1976. It is also the intent of the Legislature to reduce the administrative costs of justice system programs, to provide maximum flexibility in meeting local needs in the delivery of services, and to enhance justice system planning and coordination efforts at the state and local levels. (Repealed and added by Stats. 1983, Ch. 288, Sec. 5. Effective July 15, 1983.)
  123. 1806.

    ## 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 7. County Justice System Subvention Program [1805 - 1806] ( Article 7 repealed and added by Stats. 1983, Ch. 288, Sec. 5. )

    Verify source ↗

    The Department of the Youth Authority must provide funds to counties for specified juvenile and crime-prevention programs, and counties must prioritize local alternatives to commitment when using those funds.

    ## 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 7. County Justice System Subvention Program [1805 - 1806] ( Article 7 repealed and added by Stats. 1983, Ch. 288, Sec. 5. ) ## 1806. (a) From any state moneys made available to it for the program, commencing with fiscal year 1983–84, the Department of the Youth Authority shall provide funds to counties for the following purposes: (1) To develop and maintain local programs for minors and adults who are eligible for commitment to the Department of Corrections or to the Department of the Youth Authority or who are considered to be at a high risk of becoming eligible for commitment. (2) To maintain local programs for minors who have been found to be persons described by Section 602 and who are committed to a juvenile hall or to a juvenile home, ranch, camp, or forestry camp established pursuant to Sections 850 and 880. (3) To develop and maintain programs to prevent crime and delinquency by persons who are not wards of the juvenile court or under court ordered probation supervision or serving a sentence as a result of a conviction in a court of criminal jurisdiction. (4) To maintain programs or services required or authorized by Chapter 1071 of the Statutes of 1976. (5) To provide funding for necessary county administrative expenses for the county justice system block grant program. (b) In utilizing funds for the purposes set forth in subdivision (a), counties shall give primary consideration to programs which are local alternatives to the commitment of minors and adults to the Department of Corrections or the Department of the Youth Authority. (c) Funds granted to counties under this article shall not be used for capital construction; for travel outside of the State of California; for law enforcement investigation or apprehension purposes; for the expense of prosecution or defense, except to the extent required by Chapter 1071 of the Statutes of 1976; or for the costs of confinement or detention in a jail, juvenile hall, or other secure lockup prior to sentencing or disposition by the court. (Amended by Stats. 1991, Ch. 611, Sec. 8. Effective October 7, 1991.)
  124. 18100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A county board of supervisors may constitute a county board of public welfare, unless a charter already provides for a similar board or officials with like powers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18100. In each county, except where county boards of public welfare or boards or officials with like powers are otherwise provided under a charter, the board of supervisors may constitute a county board of public welfare. (Amended by Stats. 1993, Ch. 64, Sec. 53. Effective June 30, 1993.)
  125. 18101.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The board of supervisors must stagger the initial member terms and fill later vacancies in the same way, with successors generally serving four-year terms.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18101. The board of supervisors making the appointments shall designate one member to serve for one year, two for two years, two for three years, and two for four years, and upon the resignation or expiration of the term of each, his successor shall in like manner be appointed for the term of four years. Appointments to fill vacancies caused by death, resignation, or removal shall be made for the residue of such terms in the same manner as the original appointments. (Added by Stats. 1965, Ch. 1784.)
  126. 18102.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    County board of public welfare members must serve without compensation, and people officially connected to certain county charitable or correctional institutions may not be appointed to or serve on the board.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18102. The members of the county board of public welfare shall serve without compensation, and no person shall be appointed or shall serve on such board who is in any manner officially connected with any charitable or correctional institution within the county and supported wholly or partly at public expense. (Added by Stats. 1965, Ch. 1784.)
  127. 18103.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    The clerk of the board of supervisors must notify each appointee to the county board of public welfare. The appointees must appear before a superior court judge within one week, take an oath, and then meet within one month to elect a chairman and secretary. The secretary must file an organization report and send a copy to relevant state departments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18103. The clerk of the board of supervisors shall notify each person appointed to the county board of public welfare of his appointment. Within one week after receiving the notice, the persons so appointed shall appear before a judge of the superior court and qualify by taking an oath faithfully to perform to the best of their ability the duties of members of the county board of public welfare. Within one month after receiving such notice, they shall meet and organize by electing a chairman and a secretary from their own number. The secretary shall file a report of such organization, signed by himself and by the chairman, with the clerk of the board of supervisors, for the information of the board, and shall send a copy of the report to each state department having jurisdiction over any institution or function subject to supervision, inspection, or other control by the county board of public welfare. (Added by Stats. 1965, Ch. 1784.)
  128. 18104.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The board of supervisors must approve and allow up to $50 each year for the county board of public welfare’s actual incidental expenses, if the expenses are properly presented, sworn to by the secretary, and approved.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18104. The board of supervisors shall appropriate and allow a sum, not exceeding fifty dollars ($50) each year, for the actual expenses of the county board of public welfare for stationery, blanks, postage stamps, traveling, and other necessary incidental expenses, presented and sworn to by its secretary, and approved by the board of supervisors. (Added by Stats. 1965, Ch. 1784.)
  129. 18105.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The county board of public welfare must meet quarterly and may meet more often if it considers that necessary. It may also make rules for its own proceedings if it thinks proper.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18105. The county board of public welfare shall meet quarterly and as much oftener as it deems necessary. It may make such rules for the regulation of its own proceedings as it deems proper. (Added by Stats. 1965, Ch. 1784.)
  130. 18106.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A board member who misses two consecutive quarterly meetings is treated as having resigned, and the board of supervisors must fill the resulting vacancy.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18106. Whenever the annual report of the board of public welfare to the board of supervisors shows that any member has been absent from two consecutive quarterly meetings, such member shall be deemed to have resigned from the board, and the board of supervisors shall thereupon fill the vacancy caused by such resignation as provided in Section 18101. (Added by Stats. 1965, Ch. 1784.)
  131. 18107.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The board of public welfare must regularly inspect specified county institutions and review their administration and compliance with county rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18107. At least once each quarter and as much oftener as it deems necessary, the board of public welfare, as a body or by committee, shall visit and inspect the county hospital, the county infirmary or relief home for the aged, and the county jail. As often as it deems proper, or as it is directed by the board of supervisors or by a judge of the superior court, the board shall visit and inspect, in like manner, each jail or lockup in the county, and any charitable or correctional institution in the county, which receives any support from county funds. It shall examine every department of each institution visited and shall ascertain its condition as to effective and economical administration, and the cleanliness, discipline, and comfort of its inmates. It shall carefully study the rules prescribed by the board of supervisors for the control of each county institution, and the suggestions offered by the state departments having jurisdiction over the respective institutions, and shall ascertain whether or not such rules are being complied with. (Added by Stats. 1965, Ch. 1784.)
  132. 18108.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    The board of public welfare may make suggestions and report facts about county institutions to supervising officials. If it finds a condition against public policy and good order, or harmful to the county or inmates, it must report that condition and include the facts observed and suggested remedies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18108. The board of public welfare may make suggestions for improving the administration to the persons in charge of such county institutions, and may report to the board of supervisors, or to any other official having jurisdiction, any facts which the board believes such officials should know. If the board of public welfare or one of its committees finds in any institution any condition contrary to public policy and good order, or which it believes is injurious to the county or to the inmates of the institution, it shall report such condition to the board of supervisors or to any other officials having jurisdiction, stating the facts observed and suggesting remedies. (Added by Stats. 1965, Ch. 1784.)
  133. 18109.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The county board of public welfare must file written reports quarterly and submit an annual report to the board of supervisors.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18109. On or before the first Monday in March, June, September, and December of each year, the county board of public welfare shall make a report in writing to the grand jury of the county, if there is any, and if there is none, the board shall file the report with the district attorney who shall present it to the first grand jury thereafter constituted, as soon as impaneled and sworn. Annually on or before the first Monday in June of each year, the board shall present a report to the board of supervisors, which shall be filed as a public document with its clerk. In such annual report the county board of public welfare shall include a report of the attendance of each member of the board at each of its quarterly meetings. (Added by Stats. 1965, Ch. 1784.)
  134. 18110.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    When the county board of public welfare sends a report to the board of supervisors about an institution or function under a state department’s jurisdiction, it must also send a copy of that report to the relevant state department at the same time.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. County Boards of Public Welfare [18100 - 18110] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 18110. Whenever the county board of public welfare presents any report to the board of supervisors concerning an institution or function under the jurisdiction of any state department, it shall at the same time transmit a copy of such report to the state department having jurisdiction over the institution or function. (Added by Stats. 1965, Ch. 1784.)
  135. 1820.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    This section says the article is known as the Juvenile Offender Local Prevention and Corrections Act and may be cited by that name.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820. This article shall be known and may be cited as the Juvenile Offender Local Prevention and Corrections Act. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  136. 1820.05.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    This section defines “partnership funds” as the state’s share of funding for county juvenile ranches, camps, and forestry camps.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.05. For purposes of this article, “partnership funds” means the state’s share of funding for county juvenile ranches, camps, and forestry camps. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  137. 1820.1.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    Partnership funds may be used only for confinement, discipline, and treatment of juvenile offenders in county juvenile ranches, camps, or forestry camps.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.1. Partnership funds shall be used only for the purpose of confinement, discipline, and treatment of juvenile offenders in county juvenile ranches, camps, or forestry camps. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  138. 1820.15.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    The Department of the Youth Authority must establish and run the Juvenile Offender Local Prevention and Corrections Program.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.15. (a) The Department of the Youth Authority shall establish and implement the Juvenile Offender Local Prevention and Corrections Program. (b) The purpose of the program required by subdivision (a) shall be to coordinate state and local efforts to confine, discipline, treat, and prevent juvenile offenders and to provide partnership funding for county juvenile ranches, camps, and forestry camps established pursuant to Section 880. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  139. 1820.2.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    The Department of the Youth Authority must determine county eligibility, distribute partnership funds quarterly to qualified counties, monitor county compliance, and provide technical assistance.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.2. The Department of the Youth Authority shall, in the implementation of this article, do all of the following: (a) Determine county eligibility for partnership funding. (b) Distribute partnership funds to qualified counties quarterly based on the average daily population of the county’s juvenile ranches, camps, and forestry camps for the previous fiscal quarter. (c) Monitor county compliance with eligibility requirements. (d) Provide technical assistance to counties to prevent unnecessary commitments to the Department of the Youth Authority and to expand the capacity of the counties to confine, discipline, and treat juvenile offenders in a manner consistent with public safety. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  140. 1820.25.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    A county may apply for partnership funds by submitting an application to the department, and the department sets the application method and timing.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.25. A county may apply to receive partnership funds under this article by submitting an application to the department in a manner and at a time determined by the department. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  141. 1820.3.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    A county can receive partnership funds only if it meets the listed juvenile facility and program conditions; the Youth Authority director may waive some requirements in limited cases.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.3. A county shall be eligible for the receipt of partnership funds under this article only if the county meets all of the following conditions: (a) The county administers one or more juvenile ranches, camps, or forestry camps. (b) The county’s juvenile ranches, camps, or forestry camps possess, at a minimum, all of the following: (1) A residential treatment program. (2) A structured and disciplined program for each resident. (3) Individual counseling. (4) Physical fitness training. (5) Social alternatives to gangs, drugs, and alcohol, including gang intervention programs where appropriate. (6) Work experience and vocational training through work crew assignments. (7) Access to certified, accredited courses in language arts, mathematics, science, social studies, computer laboratories, and basic reading and writing skills, with an emphasis on remedial education. (8) Coordination with parents or guardians in preparation for family reunification. However, the Director of Youth Authority, upon request of a county, may waive services required in paragraphs (3), (6), and (7), as appropriate, if the provision of those services is not feasible or necessary, as demonstrated by the county. (c) The county program does all of the following: (1) It provides a positive reinforcing environment that redirects physical, social, and emotional energies into constructive channels. (2) It emphasizes responsibility for one’s actions. (3) It employs goal-setting methods to maximize self-discipline, self-confidence, and sense of pride. (d) The county maintains at least the same number of beds as were available on June 30, 1993. The director, upon request of a county, may waive this requirement if the county demonstrates it is unable to comply due to unforeseen circumstances. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  142. 1820.4.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    The Legislature states that counties without juvenile camps or ranches, which contract for beds with other counties, should benefit from partnership funding through lower contract 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.4. It is the intent of the Legislature that counties that do not operate juvenile camps or ranches, but instead contract for beds with counties that do, shall benefit from partnership funding via reduced contract costs, based on the host county’s cost of providing the bed, excluding the state contribution. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  143. 1820.45.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    The Department of the Youth Authority must work with counties to develop boot camp programs, and boot camps must provide the same services as juvenile ranches, camps, and forestry camps while operating in a highly structured, military style environment.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.45. (a) (1) The Department of the Youth Authority shall work with counties to develop boot camp programs, either separately or as part of existing ranches, camps, and forestry camps. (2) Boot camps shall provide the same services as juvenile ranches, camps, and forestry camps but shall be conducted in a highly structured, military style environment. (3) Boot camps shall include greater emphasis on physical conditioning, athletics, and team building than county juvenile ranches, camps, or forestry camps. (b) It is the intent of the Legislature that the Department of the Youth Authority and participating counties shall develop a comprehensive boot camp program that incorporates the relevant design features of the federal juvenile boot camp pilot project. It is also the intent of the Legislature that the comprehensive boot camp program should include diagnostic assessment, community-based aftercare, and accountability. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  144. 1820.47.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    A county may contract with the Military Department for certain boot camp and similar program services, and if it does, the county must be reimbursed for its costs when Budget Act 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.47. In order to develop, establish, and operate residential and nonresidential boot camp and similar programs for young, first-time offenders and nonserious and nonviolent offenders, a county may contract with the Military Department for the provision of the following services: (a) Program planning assistance for counties contemplating the development of residential and nonresidential boot camp and similar programs. (b) Training of personnel for residential and nonresidential boot camp and similar programs. (c) Technical assistance for existing boot camp and similar programs. (d) Assistance in establishing cooperative innovative military projects and career training (IMPACT) programs. A county that contracts with the Military Department for any of these services shall be reimbursed for its costs to the extent that funds are made available in the annual Budget Act for these purposes. (Amended by Stats. 1995, Ch. 72, Sec. 9. Effective January 1, 1996.)
  145. 1820.5.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    The Legislature states that this article should be funded by the federal government, the state, and eligible counties starting with the 1994–95 fiscal 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.5. (a) It is the intent of the Legislature that, commencing with the 1994–95 fiscal year, this article shall be funded by the federal government, the state, and eligible counties. (b) It is the intent of the Legislature that the amount of funding from each source identified in paragraph (1) shall be determined in the Budget Act of 1994. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  146. 1820.55.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. )

    Verify source ↗

    The Department of the Youth Authority must adopt emergency regulations to implement this article.

    ## 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 7.5. Juvenile Offender Local Prevention and Corrections Act [1820 - 1820.55] ( Article 7.5 added by Stats. 1993, Ch. 157, Sec. 2. ) ## 1820.55. The Department of the Youth Authority shall adopt emergency regulations for implementation of this article. (Added by Stats. 1993, Ch. 157, Sec. 2. Effective July 21, 1993.)
  147. 18200.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    This section says the Legislature wants to improve public assistance administration and use state assistance to help counties and recipient organizations run demonstration and experimental projects.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18200. The Legislature recognizes the necessity to improve the administration of public assistance so as to minimize dependency and reduce the total costs of public welfare services by restorative and preventive measures, and to expand protective services for children and adults. It is the intent of the Legislature in enacting this chapter to provide state assistance to counties to encourage them to establish demonstration and experimental projects calculated to achieve the objectives stated in this section and to strengthen, extend, and improve public welfare services and their administration. It is also the intent of the Legislature to encourage and aid, within the limitations of this chapter, organizations of recipients to conduct demonstration and experimental projects designed to promote a more effective and efficient system of public aid and services. The Legislature intends to encourage the participation of individuals on public assistance to the fullest extent in the workings of the public welfare program and through this chapter hopes to provide a mechanism for organized groups of recipients to mobilize their resources and through concerted and cooperative action contribute to solutions to the economic, social and personal problems which tend to prolong dependency. (Amended by Stats. 1965, Ch. 1949.)
  148. 18201.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The department may fund certain public assistance demonstration projects, and counties generally must pay the equipment, supplies, and facility costs for approved projects, subject to listed exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18201. The department may authorize the payment of state funds to defray in whole or in part the cost of a project undertaken by the county department of any county or by the county departments of a group of counties or by the department in behalf of county departments generally or by an organized group of recipients, if the project is consistent with the purpose of this chapter and meets the criteria established pursuant to Section 18202. Any county shall meet at least the cost of equipment, supplies, and facilities required by the staff engaged in carrying out any project approved pursuant to this chapter, except (1) with respect to those plans submitted by an organization of recipients, and (2) that state funds may be used to defray the entire cost of any project which is undertaken by a group of counties or is directed by the department in behalf of county departments generally or is directed by a recognized institution of higher learning. To the extent this section authorizes the department or a recognized institution of higher learning to undertake and direct a project in behalf of county departments, the provisions of Section 18202 shall not apply to such projects. (Amended by Stats. 1965, Ch. 1949.)
  149. 18202.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The department must publish criteria for county project plans, and counties must submit a plan and include required assurances to qualify for state participation in local project costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18202. The department shall develop and publish criteria for the submission and approval of county plans for projects proposed to be undertaken pursuant to this chapter. Such criteria shall be so devised as to encourage and stimulate local efforts to improve staff performance and to undertake new and experimental activities specifically designed to increase family responsibility and capacity for self-care. Criteria shall include those plans which may be submitted by organizations of recipients within the county, when in the judgment of the director, such plans will contribute to increased social responsibility on the part of the recipients and increased knowledge concerning the rights and responsibilities of citizens. In order to qualify for state participation in the cost of any local project or activity, the county shall submit a plan to the department which shall provide the following assurances: (1) The project or activity will be undertaken and directed by the county welfare department, with the exception of those plans submitted by an organization of recipients. (2) None of the state funds will be used to offset or reduce the amount of county funds currently applied to or budgeted for ongoing administrative activities and services. (3) The employment of personnel with qualifications consistent with the disciplines required by the project, with the exception of plans submitted by organizations of recipients in which case the department shall be responsible for evaluative functions. (4) A system for maintaining records and methods of analyses which will permit accurate and regular evaluations of the results achieved by the project or activity. (Amended by Stats. 1965, Ch. 1949.)
  150. 18203.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The department must give priority to approved county projects that involve the listed demonstration purposes and services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18203. Among the county projects approved by the department, priority shall be given to those which involve: (a) Efforts to minimize as much as possible, within the limits of state and federal laws, the administrative differences between the several categories of assistance; (b) Demonstrations in providing family service programs; (c) Employment counseling, training, and placement programs for public assistance recipients; (d) Extension of rehabilitation and self-care services for handicapped and incapacitated persons not accepted for services offered by the Department of Rehabilitation; (e) Efforts designed to give particular attention to the family where dependency is associated with illegitimacy, parental behavior, delinquency, and other family relationship problems; (f) Coordinated use of medical, psychiatric, and casework services with public assistance recipients; (g) Development of caseload management and case classification programs; (h) Homemaker services for families and adults; (i) Protective services for both children and adults; (j) Projects demonstrating use of preventive services related to dependency, family breakdown, or personal maladjustment; and (k) Participation of county departments in community service programs, particularly in approaches to problems of the underprivileged presented by recipients from minority groups. (Amended by Stats. 1965, Ch. 1949.)
  151. 18204.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The department may waive specified requirements, regulations, and standards for experimental public assistance projects, but only through a formal order of the director and only if stated 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 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18204. To enable it to conduct and administer experimental projects to test methods and procedures of administering assistance and services to recipients of public social services, the department may waive the enforcement of specific statutory requirements, regulations, and standards in one or more counties or on a statewide basis by formal order of the director. The order establishing the waiver shall provide alternative methods and procedures of administration, shall not be in conflict with the basic purposes, coverage, or benefits provided by law, shall not be general in scope but shall apply only for the duration of such a project and not to exceed three years, and shall not take effect unless and until the following conditions have been met: a. The Secretary of Health, Education and Welfare of the United States has agreed, for the same project, to waive the public assistance plan requirements relative to statewide uniformity. b. A comprehensive plan, including an analysis of the expected costs, has been published in a newspaper of general circulation and filed with the Rules Committee of each house of the Legislature. (Added by Stats. 1965, Ch. 1784.)
  152. 18205.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The department may extend an in-home supportive services demonstration project, but only after a county request and county public hearing, and the total project duration cannot exceed five years.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18205. (a) Notwithstanding any other provision of law, at the request of a county, after public hearing by the county, the department may extend an experimental project for in-home supportive services established pursuant to Section 18204 for an additional period of time as long as the total duration of the project does not exceed five years. The extension shall be established by formal order of the director and shall be subject to all other requirements and conditions of the initial order establishing the project pursuant to Section 18204. (b) In the case of a project subject to subdivision (a) that is conducted pursuant to a contract between a private provider and a county, the contract may be renewed for one or more additional terms provided the combined duration of the initial and extended contract terms does not exceed five years. A new rate of reimbursement may be negotiated consistent with the level of available funding. (Added by Stats. 1994, Ch. 1124, Sec. 1. Effective January 1, 1995.)
  153. 18205.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The Director of Child Support Services may approve county demonstration projects, and in a demonstration county the superior court may order certain noncustodial parents to participate in work-related services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18205.5. The Director of Child Support Services may, pursuant to this article, approve county demonstration projects to provide employment and training services to nonsupporting, noncustodial parents of children who are recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 or Article 5 (commencing with Section 18241) of Chapter 3.3 of Part 6 or any other public social service as defined in Section 10051. In a county operating a demonstration project pursuant to this section, the superior court may order a nonsupporting, noncustodial parent of a child receiving aid under Chapter 2 (commencing with Section 11200) of Part 3 or Article 5 (commencing with Section 18241) of Chapter 3.3 of Part 6 or any other public social service as defined in Section 10051 to participate, as appropriate, in job training, job search, vocational rehabilitation, and other work activities, as well as in parental development training. The superior court, county department of child support services, and the county welfare department, in a demonstration county, shall all agree to cooperate in the operation of the demonstration project. (Added by renumbering Section 18205 (as added by Stats. 1997, Ch. 606) by Stats. 1999, Ch. 980, Sec. 22.5. Effective January 1, 2000.)
  154. 18206.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    The director must set performance and quality assurance standards for certain in-home supportive services projects, and those standards include service delivery, screening, training, supervision, audits, and review requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18206. (a) The director shall specify performance and quality assurance standards to be included in any experimental project for in-home supportive services undertaken pursuant to Section 18204 or extended pursuant to subdivision (a) of Section 18205. (b) In the case of a project subject to subdivision (a) of Section 18205 that is conducted pursuant to a contract between a private provider and a county, the standards shall assure delivery of all required services at the time the services are needed, including weekends and nights; establish proper screening, training, and supervision of persons providing direct services; and institute frequent periodic quality control audits and utilization review of all services. These standards shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Quality control audits and utilization review shall be performed by entities that are independent of the county and the private contractor. The reports of the quality control audits and utilization review, excluding client confidential information, shall be made available to the public. The cost of those quality control audits and utilization review shall be considered as part of the county administrative costs for the managed contract. (d) (1) One year after the effective date of any project for in-home supportive services established pursuant to Section 18204 or after the date of extension pursuant to subdivision (a) of Section 18205, the Auditor General shall commission a study to review the performance of that project. Any independent reviewer designated in an existing contract may be commissioned to perform the study. (2) The study shall give special attention to both of the following: (A) The health and welfare of the recipients under the project, including the degree to which all required services have been delivered, out-of-home placement rates, prompt response to recipient complaints, and any other issue the director deems relevant. (B) The cost implications of the project, estimating the potential for ongoing savings, if any. (3) The study may include a fiscal audit of the contract. (e) Projects subject to Section 18204 relating to in-home supportive services and subject to this section shall, to the greatest extent possible, permit recipients to select their own qualified provider of care and set their own service schedule. (Amended by Stats. 2001, Ch. 745, Sec. 263. Effective October 12, 2001.)
  155. 18207.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. )

    Verify source ↗

    Sections 18205 and 18206 apply only to certain experimental in-home supportive services projects that were already in existence on July 1, 1994.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Demonstration Projects in Public Assistance [18200 - 18207] ( Heading of Chapter 3 amended by Stats. 1965, Ch. 1949. ) ## ARTICLE 1. General Provisions [18200 - 18207] ( Heading of Article 1 added by Stats. 1970, Ch. 1615. ) ## 18207. Sections 18205 and 18206 shall apply only to experimental projects for in-home supportive services established pursuant to Section 18204 that were in existence on July 1, 1994. (Added by Stats. 1994, Ch. 1124, Sec. 3. Effective January 1, 1995.)
  156. 18220.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.2. Juvenile Probation Funding [18220 - 18221] ( Chapter 3.2 added by Stats. 2005, Ch. 74, Sec. 74. )

    Verify source ↗

    The Controller must allocate specified percentages of certain juvenile probation funding to local jurisdictions and follow the listed schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.2. Juvenile Probation Funding [18220 - 18221] ( Chapter 3.2 added by Stats. 2005, Ch. 74, Sec. 74. ) ## 18220. (a) For the 2011–12 fiscal year, the Controller shall allocate 33.38 percent of the funds deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for purposes of Section 18221. (b) (1) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552 of the Government Code, the Controller shall allocate 33.37876457 percent of the remaining funds deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 according to the schedule in subdivision (c), for purposes of Section 18221. (2) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552 of the Government Code the Controller shall allocate 33.37876457 percent of the remaining funds deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011, in monthly installments, according to the schedule in subdivision (c), for purposes of Section 18221. (c) The Controller shall allocate funds to local jurisdictions to support juvenile probation activities according to the following schedule: Alameda County ........................ 3.9522% Alpine County ........................ 0.0004% Amador County ........................ 0.0597% Butte County ........................ 0.3193% Calaveras County ........................ 0.0611% Colusa County ........................ 0.0341% Contra Costa County ........................ 2.6634% Del Norte County ........................ 0.1170% El Dorado County ........................ 0.3016% Fresno County ........................ 2.1547% Glenn County ........................ 0.0536% Humboldt County ........................ 0.1696% Imperial County ........................ 0.3393% Inyo County ........................ 0.1432% Kern County ........................ 2.5687% Kings County ........................ 0.3839% Lake County ........................ 0.1866% Lassen County ........................ 0.0543% Los Angeles County ........................ 40.1353% Madera County ........................ 0.2399% Marin County ........................ 0.3742% Mariposa County ........................ 0.0133% Mendocino County ........................ 0.1975% Merced County ........................ 0.3464% Modoc County ........................ 0.0213% Mono County ........................ 0.0071% Monterey County ........................ 0.6039% Napa County ........................ 0.3520% Nevada County ........................ 0.1244% Orange County ........................ 8.4582% Placer County ........................ 0.2667% Plumas County ........................ 0.0273% Riverside County ........................ 3.2234% Sacramento County ........................ 2.1350% San Benito County ........................ 0.2136% San Bernardino County ........................ 3.4715% San Diego County ........................ 5.6095% San Francisco County ........................ 1.9161% San Joaquin County ........................ 0.8854% San Luis Obispo County ........................ 0.6007% San Mateo County ........................ 1.8974% Santa Barbara County ........................ 1.6561% Santa Clara County ........................ 5.8082% Santa Cruz County ........................ 0.6128% Shasta County ........................ 0.4116% Sierra County ........................ 0.0037% Siskiyou County ........................ 0.0750% Solano County ........................ 1.0363% Sonoma County ........................ 1.3043% Stanislaus County ........................ 0.5275% Sutter County ........................ 0.1344% Tehama County ........................ 0.1444% Trinity County ........................ 0.0346% Tulare County ........................ 1.4116% Tuolumne County ........................ 0.0706% Ventura County ........................ 1.7193% Yolo County ........................ 0.2543% Yuba County ........................ 0.1125% (Amended by Stats. 2013, Ch. 360, Sec. 13. (SB 100) Effective September 26, 2013.)
  157. 18220.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.2. Juvenile Probation Funding [18220 - 18221] ( Chapter 3.2 added by Stats. 2005, Ch. 74, Sec. 74. )

    Verify source ↗

    The Controller must allocate specified percentages of certain state funds to counties operating juvenile camps and ranches, using schedules from the named departments and different timing rules for different fiscal years.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.2. Juvenile Probation Funding [18220 - 18221] ( Chapter 3.2 added by Stats. 2005, Ch. 74, Sec. 74. ) ## 18220.1. (a) For the 2011–12 fiscal year, the Controller shall, on a quarterly basis beginning October 1, allocate 6.47 percent of the funds deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 pursuant to a schedule provided by the Department of Corrections and Rehabilitation. The department’s schedule shall provide for the allocation of funds appropriated in the annual Budget Act, and included in the Local Law Enforcement Services Account, among counties that operate juvenile camps and ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the Corrections Standards Authority rated maximum capacity, as determined by the Corrections Standards Authority. (b) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552 of the Government Code, the Controller shall allocate 6.46955375 percent of the remaining funds deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 pursuant to the schedule provided by the Department of Finance based on data reported to the Board of State and Community Corrections. The schedule shall provide for the allocation of funds appropriated in the annual Budget Act, and included in the Enhancing Law Enforcement Activities Subaccount, among counties that operate juvenile camps and ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the rated maximum capacity, as determined by the board. Allocations shall be made following the end of each fiscal quarter, beginning July 1, 2012, to account for beds occupied in that quarter. (c) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552 of the Government Code, the Controller shall allocate 6.46955375 percent of the remaining funds deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 pursuant to the schedule provided by the Department of Finance based on data reported to the Board of State and Community Corrections. The schedule shall provide for the allocation of funds appropriated in the annual Budget Act, and included in the Enhancing Law Enforcement Activities Subaccount, among counties that operate juvenile camps and ranches based on the number of occupied beds in each camp as of 12:01 a.m. each day, up to the rated maximum capacity, as determined by the board. Allocations shall be made in monthly installments. (Amended by Stats. 2013, Ch. 360, Sec. 14. (SB 100) Effective September 26, 2013.)
  158. 18221.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.2. Juvenile Probation Funding [18220 - 18221] ( Chapter 3.2 added by Stats. 2005, Ch. 74, Sec. 74. )

    Verify source ↗

    Money provided under Section 18220 may be used to serve certain children, and may also be used for their parents or other family members when that would help the child’s stability and self-sufficiency.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.2. Juvenile Probation Funding [18220 - 18221] ( Chapter 3.2 added by Stats. 2005, Ch. 74, Sec. 74. ) ## 18221. (a) Subject to the availability of funds for the purposes described in this section, funds provided pursuant to Section 18220 may be used to serve children who are habitual truants, runaways, at risk of being wards of the court under Section 601 or 602, or under juvenile court supervision or supervision of the probation department. Funds may be used to serve parents or other family members of these children if serving them will promote increased self-sufficiency, personal responsibility, and family stability for the child. Services shall be provided pursuant to a family service plan. When a family is served by multiple public agencies or in need of services from multiple public agencies, the family service plan shall be developed through an interdisciplinary approach that shall include representatives from agencies that provide services to the family or that may be required to implement the service plan. (b) Services authorized under this section include all of the following: (1) Educational advocacy and attendance monitoring. (2) Mental health assessment and counseling. (3) Home detention. (4) Social responsibility training. (5) Family mentoring. (6) Parent peer support. (7) Life skills counseling. (8) Direct provision of, and referral to, prevocational and vocational training. (9) Family crisis intervention. (10) Individual, family, and group counseling. (11) Parenting skills development. (12) Drug and alcohol education. (13) Respite care. (14) Counseling, monitoring, and treatment. (15) Gang intervention. (16) Sex and health education. (17) Anger management, violence prevention, and conflict resolution. (18) Aftercare services as juveniles transition back into the community and reintegrate into their families. (19) Information and referral regarding the availability of community services. (20) Case management. (21) Therapeutic day treatment. (22) Transportation related to any of the services described in this subdivision. (23) Emergency and temporary shelter. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 4, Sec. 29. Effective February 20, 2009.)
  159. 18230.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    The director may approve county demonstration projects for the CalWORKs program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18230. Pursuant to this chapter and Article 1 (commencing with Section 18200) of Chapter 3, the director may approve county demonstration projects for the CalWORKs program. Any project approved by the director that requires the expenditure of state or federal funds shall be subject to appropriation in the annual Budget Act. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  160. 18231.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    A county or multiple counties may run three-year performance-based CalWORKs demonstration projects to test alternative service delivery methods.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18231. (a) A county, or two or more counties, may implement three-year performance-based CalWORKs demonstration projects under this chapter to test alternative methods of service delivery designed to do any of, but not limited to, the following: (1) More effectively serve highly distressed geographic areas. (2) More effectively serve hard-to-employ target populations. (3) Better meet local labor force demands. (4) Address the needs of the CalWORKs population in areas of chronic high unemployment. (5) Improve administration of program services to clients. (b) It is the intent of the Legislature that CalWORKs demonstration projects promote cross-agency collaboration within the county or counties in order to reduce duplication and fragmentation of services, serve CalWORKs families in a comprehensive fashion, and increase the self-sufficiency and well-being of CalWORKs families. (c) It is the intent of the Legislature that each demonstration project test different types of alternative service delivery or serve different types of populations. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  161. 18232.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    A county seeking a CalWORKs demonstration project must apply to the director and include specific project details and stakeholder participation in its application.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18232. (a) A county board of supervisors that wishes to demonstrate an alternative method of CalWORKs service delivery shall apply to the director for approval of its demonstration project. The county application shall identify the specific goals of the project, how it plans to attain those goals, and the evaluation methodology and funding source that will be used to evaluate the extent to which the goals are attained. The application shall also include a description of the process through which the proposal was developed, which shall include participation by representatives of all the stakeholders who will potentially be affected by the project, including representatives of CalWORKs recipients, service providers, and all relevant local government agencies. Prior to receiving approval for a demonstration project, the applicant county shall demonstrate to the director agreement from all parties described in the application who will be involved in implementing the project. (b) A participating county shall abide by all audit requirements necessary to ensure compliance with federal law. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  162. 18233.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    Before approving a demonstration project, the director must make sure it fits state CalWORKs law and give written notice at least 30 days in advance to specified legislative committees, including any increased state costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18233. Before authorizing a demonstration project, the director shall ensure that it is consistent with the intent of state CalWORKs law. At least 30 days prior to approving a demonstration project, the director shall provide written notice to the chairperson of the relevant policy committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee. The notice shall identify any increased state costs that will result from the project. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  163. 18234.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    County CalWORKs demonstration projects generally cannot be exempt from state eligibility rules, and counties cannot cut grant levels below the stated minimum.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18234. (a) Except as otherwise provided in this section, a county’s CalWORKs demonstration project shall not be exempt from state law that governs eligibility, unless a county wishes to extend eligibility to families not otherwise covered, in a manner that is consistent with applicable federal laws and regulations. (b) A county may not reduce grant levels below the level established pursuant to Section 11450, but may supplement grant levels established in state law, and may extend time limits, using county only funds. (c) A county’s CalWORKs demonstration project may not be exempt from state law that governs any of the following: (1) Dispute resolution procedures and penalties, including fair hearings. (2) Recipient confidentiality. (3) Child support collection. (4) County contracting. (5) Collective bargaining law and agreements. (6) Civil service procedures. (7) Fair labor standards. (8) Displacement of current workers. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  164. 18235.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    A demonstration project must provide a broad set of employment-support services and must not cut funding for services that would otherwise be available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 1. County Welfare-to-Work Demonstration Projects [18230 - 18235] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18235. A demonstration project under this article shall include a range of services designed to assist recipients to achieve employment, which may not include job search and work experience to the exclusion of other activities that may be required by the population in the project, and the supportive services necessary for clients to achieve self-sufficiency, which at a minimum shall include child care, transportation, mental health treatment, and substance abuse treatment. A demonstration project shall not result in a diminution in the level of funding for services that would be available if the project were not implemented. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  165. 18236.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 2. School Attendance Demonstration Projects [18236 - 18237] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    The director may approve school attendance demonstration projects in San Diego and Merced Counties, and counties and school districts have related approval, planning, and reporting duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 2. School Attendance Demonstration Projects [18236 - 18237] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18236. (a) The director may approve school attendance demonstration projects in San Diego and Merced Counties, at the option of each county, to demonstrate means of increasing school attendance and graduation rates of children or teens who receive benefits under the CalWORKs program. The project shall emphasize a social service approach to children and families who are experiencing truancy problems, and shall include collaboration with the academic community to support a successful school experience. Families shall be provided a range of services, resources, and tools to assist them in coping with issues related to their children’s school problems. These shall include integrated services involving the county and the appropriate school districts. After all other avenues to encourage a student to attend school have been exhausted and a family has failed to correct the truancy of a child in the family unit, a participating county may reduce a family grant by the amount of the truant child’s portion grant. The full grant shall be replaced upon a showing that the student has attended school full-time for one month or has otherwise cooperated with an education or training plan developed with the county and the school district. (b) Participating counties shall measure their success in achieving the following outcomes: (1) Increased attendance and graduation. (2) Decreased truancy. (3) Higher grade point averages. (4) Increased ADA. (5) Decreased dropout rates. (6) Increased collaboration among agencies providing services for children. (7) Reinforcement of parental responsibility. (c) Prior to being selected as a demonstration project site, the governing board of each school district shall approve the project and a clear delineation of the county’s and the school or school district’s responsibilities shall be established in a memorandum of understanding. (d) Each county shall identify how it plans to attain the goals of the demonstration project and the evaluation methodology and funding source that will be used to evaluate the extent to which the goals are attained. (Amended by Stats. 2019, Ch. 27, Sec. 116. (SB 80) Effective June 27, 2019.)
  166. 18237.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 2. School Attendance Demonstration Projects [18236 - 18237] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    This section lets the department evaluate one local program and requires truancy coordinators and a school attendance review board to help address habitual truancy and court-ordered compliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 2. School Attendance Demonstration Projects [18236 - 18237] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18237. (a) The department, in conjunction with the State Department of Education and the Attorney General, may evaluate the effectiveness of one program, as described in this section in a county that chooses to operate such a program. (b) The truancy coordinator in the district attorney’s office shall provide assistance to school districts to address cases of habitual truancy as defined in Section 48262 of the Education Code. (c) The county truancy coordinator shall perform, at a minimum, all of the following duties: (1) Represent the district attorney on the county school attendance review board pursuant to Section 48321 of the Education Code. (2) Prepare letters as requested by local school districts that provide a warning notice to parents of truant pupils subject to criminal prosecution and penalties pursuant to Section 48293 of the Education Code. (3) Develop a district truancy mediation program, as defined in Section 48263.5 of the Education Code, unless the county probation department has elected to provide the program. (d) The school attendance review board shall assist the district attorney and the court in ensuring that every parent or guardian and truant pupil prosecuted and convicted under Chapter 2 (commencing with Section 48200) of Part 2 of the Education Code, complies with the sentence of the court, including, but not limited to, collection of fines, ensuring the performance of community service and providing certification of school attendance. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  167. 18238.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 3. Microenterprise Demonstration Projects [18238 - 18239] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    This section defines “microenterprise” and “microenterprise assistance provider” for this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 3. Microenterprise Demonstration Projects [18238 - 18239] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18238. For the purposes of this article: (a) “Microenterprise” means a small business in which a participant works as his or her own employer. (b) “Microenterprise assistance provider” means a public agency or a nonprofit agency meeting the requirements of Section 501(c)(3) of the federal Internal Revenue Code, that is exempt from taxation under Section 501(a) of the Internal Revenue Code, and that provides self-employment training, technical assistance, and access to microloans to individuals seeking to become self-employed. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  168. 18239.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 3. Microenterprise Demonstration Projects [18238 - 18239] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    The department may, with participating counties’ consent, run demonstration projects for CalWORKs recipients and at-risk persons to provide self-employment training and technical assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 3. Microenterprise Demonstration Projects [18238 - 18239] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18239. (a) With the consent of participating counties, the department may implement demonstration projects to provide self-employment training and technical assistance to recipients of CalWORKs benefits and persons who are at risk of receiving CalWORKs benefits. Each demonstration project shall operate for three years. At least one demonstration project shall operate in Los Angeles County and at least one in a northern California county. The number of demonstration projects shall be limited to no more than six. However, if nonstate matching funds become available, the number shall be limited to no more than 12. (b) The self-employment training shall include development of a viable business plan, assisting the recipient to determine if self-employment is suitable to the recipient’s aptitudes and family dependent care obligations, marketing strategies, business location analysis, direct technical assistance in the development of a microenterprise, and other subjects as necessary to achieve proficiency in basic business skills. The training shall include periodic assistance or case management, as needed, for up to one year after the recipient’s self-employment has commenced. (c) To ensure communication and collaboration between county welfare departments, including CalWORKs programs, and microenterprise assistance providers, proposals to operate demonstration projects under this article shall be jointly submitted by local microenterprise service providers and the county welfare department. No county matching funds shall be required for the implementation and evaluation of the demonstration project. Local microenterprise assistance providers participating in the pilot project shall have at least two years’ experience and demonstrated success in providing assistance to recipients of CalWORKs benefits and other low-income individuals to create their own jobs through self-employment. (d) If pursuant to subdivision (a), the department, with the consent of participating counties, chooses to implement a microenterprise demonstration project, the department shall solicit proposals from microenterprise assistance providers seeking to administer a demonstration project under this article on a not-for-profit basis. The department shall seek to encourage financial participation of private entities for purposes of including more individuals in these demonstration projects. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  169. 18241.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    The Legislature states its intent to create a Child Support Assurance Demonstration Project tied to federal welfare reform.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18241. It is the intent of the Legislature, in implementing federal welfare reform, to create a Child Support Assurance Demonstration Project that is consistent with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) and that maximizes cost effectiveness while lifting children out of poverty. It is the intent of the Legislature that the program will secure financial stability for California’s children through a guaranteed minimum level of financial support for the children of participating families, while at the same time encouraging custodial parents to be employed and noncustodial parents to financially support their children. (Added by Stats. 1997, Ch. 270, Sec. 181. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  170. 18242.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    The department may approve up to three child support assurance demonstration projects, and a county may limit enrollment in its program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18242. (a) Upon application by a county board of supervisors, the department may approve up to three demonstration projects to test models of child support assurance. The projects shall either test different models of child support assurance or may test the same model if counties in which the same model is tested involve counties with different demographics. (b) The department may approve joint projects by two or more counties if both of the following apply: (1) The equity of access to the project and its related services is ensured to all participants. (2) The project includes appropriate operational and fiscal arrangements between the counties submitting the joint project. (c) If the department approves a joint project by two or more counties, that joint project shall constitute one of the projects authorized by subdivision (a). (d) It is the intent of the Legislature that the purpose of the demonstration projects authorized by this article is to test child support assurance models as alternatives to welfare under which families with earnings and a child support order receive a guaranteed child support payment, in lieu of a grant under the CalWORKs program, from funds continuously appropriated for the CalWORKs program. (e) A county may limit the number of families that will be permitted to enroll in its child support assurance demonstration program. (Amended by Stats. 1999, Ch. 803, Sec. 7. Effective January 1, 2000.)
  171. 18243.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    The department must develop research designs for thorough evaluations of the child support assurance demonstration projects.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18243. The department shall develop research designs to ensure thorough evaluations of the child support assurance demonstration projects that shall include, but not be limited to, the impact of the project on work participation rates of custodial parents, household incomes and family well-being, CalWORKs participation rates and costs, rates of paternity and child support order establishment, and any other relevant information the director may require. (Amended by Stats. 1999, Ch. 803, Sec. 8. Effective January 1, 2000.)
  172. 18244.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    A family may participate in the project only if it is receiving, or has been found eligible to receive, an aid grant when it applies to the child assurance program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18244. (a) A family shall be eligible to participate in the project described in Section 18246 only if, at the time of application to participate in the child assurance program, the family is receiving, or has been determined to be eligible to receive, an aid grant under Chapter 2 (commencing with Section 11200) of Part 3. (b) A family’s participation under this article shall not affect its eligibility to receive Medi-Cal and child care benefits under Chapter 2 (commencing with Section 11200) of Part 3, if otherwise eligible. (Amended by Stats. 1998, Ch. 902, Sec. 58. Effective January 1, 1999.)
  173. 18245.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    This section sets eligibility rules for a child support assurance payment and requires a custodial parent to provide information and attend required proceedings, unless a domestic violence-related exception applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18245. (a) A family shall be eligible to receive a child support assurance payment on behalf of a child only if the child’s custodial parent has done all of the following: (1) Assigned the child’s right to collect child support to the state. (2) Established paternity, obtained a child support order, and is using the services available under the state plan approved under Part D (commencing with Section 651) of Chapter 7 of Title 42 of the United States Code. (3) Opted to participate in the child assurance program in lieu of cash assistance under Chapter 2 (commencing with Section 11200) or its successor program. (b) (1) Except as provided in paragraph (2), as a condition of receiving a child support assurance payment under this article, a custodial parent shall also be required to do both of the following: (A) Continue to provide all other relevant information that the applicant has that may be requested by the county. (B) Appear at required interviews, conference hearings, or legal proceedings, if notified in advance and an illness or emergency does not prevent attendance. (2) A custodial parent shall not be required to comply with paragraph (1) when compliance would make it more difficult for a domestic violence victim to escape physical abuse or when cooperation would increase the risk of further violence or unfairly penalize the victim. (c) In order to be eligible under this article, a child shall meet all of the following conditions: (1) The child resides in the county. (2) The child has a noncustodial parent living in the United States, or if not living in the United States, is subject to service of process by a state or territory of the United States. (3) The child is under 18 years of age or, if enrolled in high school, under 19 years of age. (4) The custodial parent is employed. (Amended by Stats. 1998, Ch. 902, Sec. 59. Effective January 1, 1999.)
  174. 18247.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. )

    Verify source ↗

    This section directs how child support assurance program costs and payments must be funded and paid.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.3. CalWORKs Demonstration Projects [18230 - 18247] ( Chapter 3.3 added by Stats. 1997, Ch. 270, Sec. 181. ) ## ARTICLE 5. Child Support Assurance Demonstration Project [18241 - 18247] ( Article 5 added by Stats. 1997, Ch. 270, Sec. 181. ) ## 18247. (a) The state share of child support assurance payments under this article shall be paid in accordance with Section 15200. (b) The department shall, to the extent possible, ensure that no funding streams will be utilized to pay for child support assurance payments if the use of the funding streams would cause participants to be subject to the limitations of Section 11454 or any similar limitation. (c) The county administrative cost for the operation of a child support assurance program shall be paid from the county’s allocation provided under Sections 15204.2 and 15204.3. (Amended by Stats. 1999, Ch. 803, Sec. 10. Effective January 1, 2000.)
  175. 18250.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    The Legislature states that counties are authorized to provide children with wraparound, family-based service alternatives to out-of-home care.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18250. (a) It is the intent of the Legislature that all counties be authorized to provide children with service alternatives to out-of-home care through the development of expanded family-based services programs. These programs shall include individualized or “wraparound” services, where services are wrapped around a child living with his or her birth parent, relative, nonrelative extended family member as defined in Section 362.7, adoptive parent, licensed or certified foster parent, resource family, or guardian. The wraparound services developed under this section shall build on the strengths of each eligible child and family and be tailored to address their unique and changing needs. (b) It is further the intent of the Legislature that the county wraparound services program include the following elements: (1) Enabling the county to access all possible sources of federal funds for the purpose of developing family-based service alternatives. (2) Encouraging collaboration among persons and entities including, but not limited to, parents, county welfare departments, county mental health departments, county probation departments, county health departments, special education local planning agencies, school districts, and private service providers for the purpose of planning and providing individualized services for children and their birth or substitute families. (3) Ensuring local community participation in the development and implementation of wraparound services by county placing or referring agencies and service providers. (4) Preserving and using the service resources and expertise of nonprofit providers to develop family-based and community-based service alternatives. (c) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2017, Ch. 732, Sec. 122. (AB 404) Effective January 1, 2018.)
  176. 18251.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    This section defines terms used in the county wraparound services chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18251. As used in this chapter: (a) “County” means each county participating in an individualized or wraparound services program. (b) “County placing or referring agency” means a county welfare or probation department, or a county mental health department. (c) “Eligible child” means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following: (1) A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602. (2) A child who is the subject of a petition filed pursuant to Section 602 and who is participating in a program described in Section 654.2, 725, or 790, and is at risk of placement in out-of-home care. (3) A child or nonminor dependent who is currently, or who would be, placed in out-of-home care. (4) A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home care. (d) “Wraparound services” means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives. (e) “Service allocation slot” means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis. (Amended by Stats. 2017, Ch. 732, Sec. 123. (AB 404) Effective January 1, 2018.)
  177. 18252.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    Counties may develop and monitor a wrap-around services plan, submit it to the department for information, and coordinate it with other systems when applicable.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18252. Each county shall, at the county’s option, develop a county plan for intensive wrap-around services and monitor the provision of those services in accordance with the plan. This plan shall be submitted to the department for informational purposes. Where a county operates both systems of care under the Children’s Mental Health Services Act, Part 4 (commencing with Section 5850) of Division 5, and wrap-around services, these plans shall be coordinated. Each county’s plan shall include all the following elements: (a) A process and protocol for reviewing the eligibility of children and families for service and for monitoring accessibility and availability of service to the targeted population. Children shall be determined as eligible for wrap-around services pursuant to subdivision (c) of Section 18251, except that: (1) Once a child is determined to be eligible for wrap-around services under this chapter, he or she shall remain eligible for the time period specified in his or her individualized services plan. (2) A child and family participating in a family maintenance services program as described in Section 16506 and the wrap-around services program, shall not be subject to the time limitations specified in Section 16506. (b) A process to accept, modify, or deny proposed individualized service plans for eligible children and families. (c) A process for parent support, mentoring, and advocacy that ensures parent understanding of, and participation in, wrap-around services programs. (d) A planning and review process to support and facilitate the following principles in delivering intensive wrap-around services to eligible children and families: (1) Focusing on an individual child and family through the creation of service plans designed specifically to address the unique needs and strengths of each child and his or her family. (2) Providing services geared toward enabling children to remain in the least restrictive, most family-like setting possible. (3) Developing a close collaborative relationship with each child’s family in the planning and provision of wrap-around services. (4) Conducting a thorough, strengths-based assessment of each child and family that will form the basis for the development of the individualized intervention plan. (5) Designing and delivering services that incorporate the religious customs, and regional, racial, and ethnic values and beliefs of the children and families served. (6) Measuring consumer satisfaction to assess outcomes. (e) Written interagency agreements or memorandums of understanding between the county departments of mental health, social services, and probation that specify jointly provided or integrated services, staff tasks and responsibilities, facility and supply commitments, budget considerations, and linkage and referral services. (Amended by Stats. 1997, Ch. 795, Sec. 3. Effective January 1, 1998.)
  178. 18253.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    Each county must make sure the wraparound services program is evaluated.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18253. Each county shall ensure that an evaluation of the wraparound services program is conducted to determine the cost and treatment effectiveness of outcomes such as family functioning and social performance, preventing placement in more restrictive environments, improving emotional and behavioral adjustments, school attendance, and stability in the least restrictive school placement for eligible children. Systems of care outcomes shall be included to the extent they are applicable to the target population. (Amended by Stats. 2010, Ch. 561, Sec. 4. (AB 1758) Effective January 1, 2011.)
  179. 18253.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    Each county must make sure wraparound program staff complete training provided or approved by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18253.5. Each county shall ensure that staff participating in the wraparound services program have completed training provided or approved by the department, on providing individualized wraparound services. (Amended by Stats. 2010, Ch. 561, Sec. 5. (AB 1758) Effective January 1, 2011.)
  180. 18254.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    This section sets how county wraparound service rates are calculated, limits certain costs, allows counties to transfer foster care funds by agreement, and requires an annual cost-of-living increase subject to county funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18254. (a) Retroactive to January 1, 2017, the rate for wraparound services, under the county optional wraparound services program, shall be equal to the rate for short-term residential therapeutic programs established pursuant to Section 11462, less the cost of any concurrent out-of-home placement. (b) For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (c) County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services. (d) Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential therapeutic program. (e) Commencing July 1, 2017, and each July 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year. (f) This section shall become operative on January 1, 2017. (g) Effective on July 1, 2027, or the date required by paragraph (9) of subdivision (h) of Section 11461, whichever is later, the rate for wraparound services, under the county optional wraparound services program, shall be equal to the sum of the Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461 and the Tier 3+ administrative rate established under paragraph (2) of subdivision (e) of Section 11462. All other provisions of this section shall continue to apply. (Amended by Stats. 2024, Ch. 46, Sec. 54. (AB 161) Effective July 2, 2024.)
  181. 18256.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

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    The department must work with the County Welfare Directors Association of California to identify periodic data elements to collect for tracking wraparound services outcomes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18256. The department shall work with the County Welfare Directors Association of California to identify periodic data elements to be collected in order to track the impact of the counties’ wraparound services programs on applicable California Child and Family Services Review System outcome indicators, such as safety, permanency, and the well-being of the child. (Repealed and added by Stats. 2010, Ch. 561, Sec. 9. (AB 1758) Effective January 1, 2011.)
  182. 18256.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    If a county ends its wraparound services program, it must keep the participating child’s service needs from being disrupted until the child’s case is closed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18256.5. In order to prevent disruption to a child participating in a wraparound services program, any county that terminates its wraparound services program shall ensure the participating child’s service needs are met without disruption until his or her case is closed. (Amended by Stats. 2010, Ch. 561, Sec. 10. (AB 1758) Effective January 1, 2011.)
  183. 18257.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    The State Department of Social Services must seek federal approval and amend state regulations as needed to maximize children’s participation and federal financial participation in these programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18257. The State Department of Social Services shall seek applicable federal approval to make the maximum number of children being served through such programs eligible for federal financial participation and amend any applicable state regulations to the extent necessary to eliminate any limitations on the numbers of children who can participate in these programs. (Amended by Stats. 2012, Ch. 35, Sec. 147. (SB 1013) Effective June 27, 2012. Note: This section was added on Nov. 2, 2004, by initiative Prop. 63.)
  184. 18257.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    Two state departments must develop recommendations to implement and expand high-fidelity wraparound services statewide, and finish the work within one year of the section’s enactment.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18257.5. The State Department of Social Services and the State Department of Health Care Services, in consultation with county representatives and other stakeholders, shall develop recommendations for implementing and expanding high-fidelity wraparound services statewide. The departments shall complete these activities no later than one year from the enactment of this section. (Added by Stats. 2021, Ch. 86, Sec. 55. (AB 153) Effective July 16, 2021.)
  185. 18258.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. )

    Verify source ↗

    This section keeps certain children eligible for Medi-Cal and limits when placement at home can trigger redetermination.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Wraparound Services Program [18250 - 18258] ( Heading of Chapter 4 amended by Stats. 2010, Ch. 561, Sec. 1. ) ## 18258. (a) A child who is categorically eligible for Medi-Cal benefits pursuant to Section 1396a(a)(10)(A)(i)(I) of Title 42 of the United States Code shall remain eligible for Medi-Cal benefits so long as foster care maintenance payments under Title IV-E of the federal Social Security Act are made on the child’s behalf. Placement at home without a change in the child’s status as an adjudicated dependent or ward of the juvenile court shall not be cause for a redetermination unless necessary to obtain federal financial participation for Medi-Cal. (b) A child who is eligible for Medi-Cal benefits, but is not described in subdivision (a), shall remain eligible for benefits subject to annual Medi-Cal redetermination pursuant to Section 14012. Placement at home without a change in the child’s status as an adjudicated dependent or ward of the juvenile court shall not be cause for a redetermination unless necessary to obtain federal financial participation for Medi-Cal. (c) Medi-Cal eligibility for a child receiving wraparound services pursuant to this chapter shall be determined in accordance with the standards, methodologies, and procedures outlined in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9. (d) This section is declaratory of existing law. (Added by Stats. 2010, Ch. 561, Sec. 11. (AB 1758) Effective January 1, 2011.)
  186. 18259.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.3. Sexually Exploited Minors Program [18259 - 18259.3] ( Heading of Chapter 4.3 amended by Stats. 2016, Ch. 653, Sec. 1. )

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    The County of Alameda may create a local program for commercially sexually exploited minors, and the district attorney may develop related protocols, a diversion program, a multidisciplinary team, and training materials.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.3. Sexually Exploited Minors Program [18259 - 18259.3] ( Heading of Chapter 4.3 amended by Stats. 2016, Ch. 653, Sec. 1. ) ## 18259. (a) The County of Alameda, contingent upon local funding, may establish a project consistent with this chapter to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of subdivision (a) or (b) of Section 647 or subdivision (a) of former Section 653.22 of the Penal Code, or who have been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. (b) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies, may develop, as a component of the program described in this chapter, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. The protocol shall include the process for how to make a report to the county child welfare agency if there is reason to believe the minor is a person described in Section 300. The protocol shall also include the process for the child welfare agency to investigate the report pursuant to Section 328. (c) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the program described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of minors who have been determined to be victims of commercial sexual exploitation. (d) The District Attorney of the County of Alameda, in collaboration with the county and community-based agencies, may form, as a component of the program described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff’s department, the public defender’s office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors, to do both of the following: (1) Develop a training curriculum reflecting the best practices for identifying and assessing minors who may be victims of commercial sexual exploitation. (2) Offer and provide this training curriculum through multidisciplinary teams to law enforcement, child protective services, and others who are required to respond to arrested or detained minors who may be victims of commercial sexual exploitation. (Amended by Stats. 2022, Ch. 86, Sec. 9. (SB 357) Effective January 1, 2023.)
  187. 18259.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.3. Sexually Exploited Minors Program [18259 - 18259.3] ( Heading of Chapter 4.3 amended by Stats. 2016, Ch. 653, Sec. 1. )

    Verify source ↗

    This section defines “commercially sexually exploited minor” and creates a presumption for certain minors who are arrested, detained, or the subject of a dependency petition.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.3. Sexually Exploited Minors Program [18259 - 18259.3] ( Heading of Chapter 4.3 amended by Stats. 2016, Ch. 653, Sec. 1. ) ## 18259.3. (a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following: (1) Has been abused in the manner described in paragraph (2) of subdivision (c) of Section 11165.1 of the Penal Code, and who has been detained for a violation of the law or placed in civil protective custody on a safety hold based only on a violation of subdivision (a) or (b) of Section 647 of the Penal Code or subdivision (a) of former Section 653.22 of the Penal Code. (2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. (3) Has been the victim of abduction, as described in Section 267 of the Penal Code. (4) Meets the definition of a victim of a severe form of trafficking, as defined in Section 7105 of Title 22 of the United States Code. (b) If a minor is arrested or detained for an alleged violation of subdivision (a) or (b) of Section 647 of the Penal Code or of subdivision (a) of former Section 653.22 of the Penal Code, or if a minor is the subject of a petition to be adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, they shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a). (Amended by Stats. 2022, Ch. 86, Sec. 10. (SB 357) Effective January 1, 2023.)
  188. 18260.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.45. Child Welfare Waiver Demonstration Project [18260- 18260.] ( Heading of Chapter 4.45 renumbered from Chapter 4.5 (as added by Stats. 2006, Ch. 75) by Stats. 2015, Ch. 303, Sec. 638. )

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    The department may run a child welfare demonstration project in up to 20 counties, and counties may choose to participate if they sign an MOU and get state approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.45. Child Welfare Waiver Demonstration Project [18260- 18260.] ( Heading of Chapter 4.45 renumbered from Chapter 4.5 (as added by Stats. 2006, Ch. 75) by Stats. 2015, Ch. 303, Sec. 638. ) ## 18260. (a) The department may conduct a demonstration project in up to 20 counties, to allow flexible use of federal and state foster care funds by utilizing a federal capped allocation model over a five-year period, based on the terms and conditions of the federal Title IV-E waiver. Participation shall be at the option of each county, subject to state approval, provided that each county has entered into a memorandum of understanding (MOU) with the department, as described in subdivision (c). The department shall not be required to conduct any demonstration projects under this section if no county elects to participate. It is the intent of the Legislature that this project will improve outcomes or safety for children, and that the state shall provide immediate assistance, as needed, if the department finds that children’s health, safety, or well-being has declined, or is at risk of declining, as a result of a county’s participation in the project. (b) The department is authorized to conduct the demonstration project in order to provide participating counties with flexibility in their use of state and federal foster care maintenance and administrative funds that were previously restricted to payment for the care and supervision of children in out-of-home placements and administrative expenditures. Any county, state, or federal savings in the foster care program that occur as a result of the demonstration project shall be reinvested by the counties in child welfare services program improvements. These foster care savings will support the counties in developing a broader and more responsive array of services that will contribute to improved outcomes for children and families. Any unexpended state and federal funds may be retained by each county for expenditure in subsequent fiscal years for purposes consistent with this section. (c) The department shall work with county welfare directors and other stakeholders to develop the terms and conditions of the MOU. The MOU shall incorporate the terms and conditions of the federal approval of the use of federal funds for the demonstration project, additional conditions as described in this section, and provisions deemed by the department and counties as reasonably necessary to fulfill the purpose of the demonstration project and to ensure compliance with its conditions and with this section. Provisions of the MOU shall include, but shall not be limited to, all of the following: (1) The MOU shall specify the time periods for the county’s participation in the demonstration project, and shall set forth procedures for the county to opt out of participation in the demonstration project. A county electing to opt out of the demonstration project shall provide written notice to the department of its intent to do so in accordance with the MOU. (2) The county is responsible for ensuring that adequate funds are available to protect children at risk of abuse and neglect, by out-of-home placement or otherwise, until funds are appropriated to the county through the Budget Act, including provisional language in the Budget Act that authorizes midyear funding adjustments, for this purpose. (3) The MOU shall specify the allocation methodology for the capped amount of federal funds that will be allocated to the county for the demonstration project, as well as the county’s share of cost. (4) The MOU shall specify the methodology for the provision of state General Fund resources that a county shall receive under the waiver and the liability for the county and the state for costs in excess of the capped federal amount. (d) The county and state share of costs for the demonstration project shall be determined notwithstanding Sections 15200 and 10100. (Amended by Stats. 2007, Ch. 464, Sec. 4. Effective January 1, 2008.)
  189. 18275.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

    Verify source ↗

    The Legislature found a need to develop programs and expand services to reduce the trauma of child sexual abuse.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18275. The Legislature finds that there is a need to develop programs to provide the kinds of innovative strategies and services which will ameliorate, reduce, and ultimately eliminate the trauma of child sexual abuse. The Legislature also finds that for the purposes of developing and providing these programs and services, and for the training of, and providing information to, city and county personnel throughout the state, it is necessary to expand the services provided by the child sexual abuse prevention demonstration center established pursuant to the former provisions of this chapter. (Repealed and added by Stats. 1984, Ch. 1664, Sec. 3. Effective September 30, 1984.)
  190. 18275.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

    Verify source ↗

    This section defines “Director” as the Director of Emergency Services and “Office” as the Office of Emergency Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18275.5. Unless the context requires otherwise, for purposes of this chapter: (a) “Director” means the Director of Emergency Services. (b) “Office” means the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 539. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  191. 18276.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

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    The program developed by the centers must include counseling, coordination of services, self-help support, public and professional outreach, and training materials.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18276. The functions and goals of the program developed by the centers shall include all of the following: (a) Provision of counseling and practical assistance by onsite professionals to sexually abused children and their families, particularly to victims of incest. (b) Hastening, where in the interests of the child, the process of reconstitution of the family and the marriage. (c) Marshaling and coordinating the services of all agencies responsible for the sexually abused child and his or her family, as well as other resources to ensure comprehensive, supportive case management. (d) Employment of a model that fosters self-managed growth, rather than a medical model based on curing disease, and that avoids static theory and methods. (e) Responding to individual physical, emotional, and social needs of clients so that supportive services are individually tailored and applied as long as necessary. (f) Facilitation of the expansion and autonomy of self-help groups and provision of guidance to the membership, such as (1) training in cocounseling, self-management, and intrafamily communication techniques, and (2) training in locating community resources. (g) Informing the public at large and professional agencies about the existence and supportive approach of the program with the aim of encouraging victims and offenders to seek the services of the program voluntarily. (h) Development of informational and training materials and seminars to enable emulation or adaptation of the program by other communities, emphasizing the program’s stress on cooperation and coordination with all appropriate elements of the criminal justice system and law enforcement system. (Repealed and added by Stats. 1984, Ch. 1664, Sec. 3. Effective September 30, 1984.)
  192. 18276.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

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    Selected centers must develop child sexual abuse prevention training programs, the department must contract with each center, and the centers must select trainees under department review.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18276.5. (a) The two centers selected pursuant to Section 18277 shall develop training programs pertaining to the prevention of and assistance to victims of child sexual abuse and their families. These programs shall be designed for the training of interagency teams of service providers and individual service providers throughout the state, including public and private personnel, who shall in turn offer that training in their communities. (b) The department shall enter into contracts with each center providing for training and allocating training positions to each center as funds are available to pay for the tuition of individuals who attend the training programs. The contracts shall provide the same amount of funding for each center. (c) Subject to the review of the department, the centers shall select trainees based upon the following criteria: (1) In the first year, a minimum of ten individuals from each county shall be chosen. (2) In subsequent years, a minimum of one-fourth of all positions shall be allocated to rural counties. (3) When possible, distribution shall be based on the relative population of the counties in which the participants provide services. (4) The rate of demand for services by child sexual abuse victims and their families in the county. (5) An emphasis shall be placed on the training of teams of service providers from a geographic area, rather than on training individual service providers. (6) The ability of the individuals chosen to duplicate the training in his or her geographic area. (7) The ability of the individuals to apply the training as a direct service provider. (8) A geographic dispersion of trainees throughout a county is preferred, where feasible. (Added by Stats. 1984, Ch. 1664, Sec. 3. Effective September 30, 1984.)
  193. 18277.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

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    The director must select two child sexual abuse prevention training centers, one in northern California and one in southern California, and the office must review their performance each year to decide on continuation grants.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18277. The director shall select two child sexual abuse prevention training centers, one in northern California and the other in southern California, which shall receive state funds pursuant to this chapter. The director shall give consideration to existing demonstration programs relating to the prevention of sexual abuse of children and may award grant awards on a sole source basis to the two training centers which he or she selects for funding. The office shall appraise the performance of the training centers on an annual basis and determine whether they shall receive continuation grants. (Amended by Stats. 2013, Ch. 352, Sec. 540. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  194. 18278.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

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    The office must make grants to eligible community nonprofit child sexual abuse treatment programs, and applications go to the Office of Criminal Justice Planning. Each award is capped at $25,000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18278. (a) The office shall make grants to community nonprofit child sexual abuse treatment programs that are unable to meet the current demand for their services, pursuant to this section. (b) Programs seeking these grants shall apply to the Office of Criminal Justice Planning in the manner prescribed by the Office of Criminal Justice. Each award shall be limited to twenty-five thousand dollars ($25,000). Programs shall be selected based, at a minimum, on the following criteria: (1) The program’s inability to meet the public demand for its services. (2) The program’s use of the award to maximize the services provided to clients who would not otherwise be served. (3) The likelihood that the program will be able to maintain the new level of service after the funds granted are depleted. The awards shall be equitably distributed to programs in northern and southern California. At least one-fourth of the funds shall be distributed to rural programs. (c) The office shall fund programs as expeditiously as possible; program funding shall commence within 90 days after the effective date of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 541. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  195. 18278.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

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    The office must contract with the centers to provide the services required by this chapter within four months after the chapter’s effective date.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18278.5. The office shall enter into contracts with the centers for the provision of services required by this chapter within four months of the effective date of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 542. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  196. 18279.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. )

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    The centers may seek, receive, and use funds from federal, voluntary, philanthropic, or other sources to supplement state funds for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Child Sexual Abuse Prevention Training Centers [18275 - 18279.5] ( Chapter 4.5 repealed and added by Stats. 1984, Ch. 1664, Sec. 3. ) ## 18279.5. The centers may seek, receive, and make use of any funds which may be made available from federal, voluntary, philanthropic, or other sources in order to augment any state funds appropriated for the purposes of this chapter. (Added by Stats. 1984, Ch. 1664, Sec. 3. Effective September 30, 1984.)
  197. 18285.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.6. Child Health and Safety Fund [18285 - 18285.5] ( Chapter 4.6 added by Stats. 1992, Ch. 1316, Sec. 15. )

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    This section creates the Child Health and Safety Fund and directs how money in it may be used and allocated.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.6. Child Health and Safety Fund [18285 - 18285.5] ( Chapter 4.6 added by Stats. 1992, Ch. 1316, Sec. 15. ) ## 18285. (a) There is hereby created in the State Treasury the Child Health and Safety Fund for the purposes specified in this section. (b) Moneys for this fund shall be derived from the license plate program provided for pursuant to Section 5072 of the Vehicle Code and from civil penalties on child daycare facility providers. (c) Moneys in the fund shall be expended, upon appropriation by the Legislature, for the purposes specified in subdivisions (d), (e), and (f). (d) Fifty percent of moneys derived from the license plate program pursuant to Section 5072 of the Vehicle Code shall be available, upon appropriation, to the State Department of Social Services for the purpose of administering provisions of Sections 1596.816, 1596.87, 1596.872b, 1596.893b 1596.895, 1596.95, 1597.091, 1597.54, 1597.541, 1597.542, 1597.55b and 1597.62 of the Health and Safety Code. Upon appropriation by the Legislature, an additional five hundred one thousand dollars ($501,000), in excess of the 50 percent derived from the license plate program, also shall be made available for these purposes. The State Department of Social Services shall allocate these special funds according to the following priorities: (1) Site visits performed pursuant to Sections 1597.091 and 1597.55b of the Health and Safety Code. (2) The monitoring responsibility of the childcare advocate program. (3) Training for investigative and licensing field staff. (4) Other aspects of the childcare advocate program performed pursuant to Section 1596.872b of the Health and Safety Code. (5) The salary of the chief of the childcare licensing branch. In order to implement the list of priorities set forth in this subdivision, and to complete implementation of subdivision (a) of Section 1596.816 of the Health and Safety Code, the State Department of Social Services may, as necessary, fund appropriate administrative support costs. (e) The balance of funds remaining after the appropriations specified in subdivision (d) derived from the license plate program pursuant to Section 5072 of the Vehicle Code shall be available, upon appropriation, for programs that address any of the following child health and safety concerns and that are either to be carried out within a two-year period or whose implementation is dependent upon one-time initial funding: (1) Child abuse prevention, except that not more than 25 percent of the moneys in this fund shall be used for this purpose. Ninety percent of the 25 percent shall be deposited in the county children’s trust fund, established pursuant to Section 18966 of the Welfare and Institutions Code, for the support of child abuse prevention services in the community, and 10 percent of the 25 percent shall be deposited in the State Children’s Trust Fund, established pursuant to Section 18969, for public education, training, and technical assistance. (2) Vehicular safety, including restraint, warnings, and education programs. (3) Drowning prevention. (4) Playground safety standards. (5) Pedestrian Safety. (6) Bicycle safety. (7) Gun safety. (8) Fire safety. (9) Poison control and safety. (10) In-home safety. (11) Childhood poisoning, including from prescription medications, lead, and other toxic substances. (12) Sleep suffocation and sudden infant death syndrome. (13) Children left in parked cars and children run over by cars moving forward or backward. (14) Sports-related concussions, heat stroke, and spinal injury safety. (f) Moneys derived from civil penalties imposed on daycare facility providers shall be made available, upon appropriation, to the State Department of Social Services exclusively for the technical assistance, orientation, training, and education of child daycare facility providers. (Amended by Stats. 2020, Ch. 370, Sec. 291. (SB 1371) Effective January 1, 2021.)
  198. 18285.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.6. Child Health and Safety Fund [18285 - 18285.5] ( Chapter 4.6 added by Stats. 1992, Ch. 1316, Sec. 15. )

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    The directors must annually decide whether the license plate program receipts are enough, and if funds are sufficient, the department must implement the covered priority or program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.6. Child Health and Safety Fund [18285 - 18285.5] ( Chapter 4.6 added by Stats. 1992, Ch. 1316, Sec. 15. ) ## 18285.5. (a) It is the intent of the Legislature that the priorities and programs set forth in subdivisions (d) and (e) of Section 18285 be funded and implemented in the order they are listed, and that each priority and program may be funded and implemented independently of the other priorities and programs. (b) The Director of Motor Vehicles and the Director of Social Services shall annually make a determination whether the total annual receipts for the “Have a Heart, Be a Star, Help Our Kids” license plate program established pursuant to Article 8.4 (commencing with Section 5072) of Chapter 1 of Division 3 of the Vehicle Code is sufficient to cover the priorities and programs described in subdivisions (d) and (e) of Section 18285. If sufficient funds are available to cover any of the priorities or programs described in subdivisions (d) and (e) of Section 18285, the department shall implement that priority or program. (Added by Stats. 1993, Ch. 726, Sec. 16. Effective October 4, 1993.)
  199. 18290.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. The Domestic Violence Shelter-Based Programs Act [18290 - 18309.5] ( Chapter 5 repealed and added by Stats. 2006, Ch. 857, Sec. 4. )

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    The Legislature says the state should support projects to help victims of domestic violence.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. The Domestic Violence Shelter-Based Programs Act [18290 - 18309.5] ( Chapter 5 repealed and added by Stats. 2006, Ch. 857, Sec. 4. ) ## 18290. The Legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services to ameliorate and reduce the trauma of domestic violence. There are hundreds of thousands of persons in California who are regularly abused. In many cases, the acts of domestic violence lead to the death of one of the involved parties. Victims of domestic violence come from all socioeconomic classes and ethnic groups, though it is the poor who suffer most from domestic violence, since they have no immediate access to private counseling and shelter for themselves and their children. Children, even when they are not physically assaulted, very often suffer deep and lasting emotional effects. The Legislature further finds and declares that there is a high incidence of death and injury sustained by law enforcement officers in the handling of domestic disturbances. Police arrests for domestic violence are low, and victims are reluctant to press charges or make citizen’s arrests. Furthermore, instances of domestic violence are considered to be the single most unreported crime in the state. It is the intent of the Legislature to begin to explore and determine ways of achieving reductions in serious and fatal injuries to the victims of domestic violence and begin to clarify the problems, causes, and cures of domestic violence. In order to achieve these results, it is the intent of the Legislature that the state shall support projects in several areas throughout the state for the purpose of aiding victims of domestic violence by providing them a place to escape the destructive environment in an undisclosed and secured location, on a 24-hour basis, where staff meet the requirements set forth in Section 1037.1 of the Evidence Code. It is further the intent of the Legislature to resolve conflicting interpretations as to whether county boards of supervisors have discretionary authority to fund nonshelter-based county domestic violence programs that lack any emergency or transitional shelter component, by restricting funding under this chapter to shelter-based domestic violence programs, as described in Sections 18294 and 18295. These clarifying and conforming changes are intended to be declaratory of existing law. (Repealed and added by Stats. 2006, Ch. 857, Sec. 4. Effective January 1, 2007.)
  200. 18291.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. The Domestic Violence Shelter-Based Programs Act [18290 - 18309.5] ( Chapter 5 repealed and added by Stats. 2006, Ch. 857, Sec. 4. )

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    This section defines several terms used in the chapter, including domestic violence, cohabitant, domestic violence shelter, and undisclosed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.98] ( Part 6 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. The Domestic Violence Shelter-Based Programs Act [18290 - 18309.5] ( Chapter 5 repealed and added by Stats. 2006, Ch. 857, Sec. 4. ) ## 18291. For purposes of this chapter: (a) “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. (b) “Cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, all of the following: (1) Sexual relations between the parties while sharing the same living quarters. (2) Sharing of income or expenses. (3) Joint use or ownership of property. (4) Whether the parties hold themselves out as spouses. (5) The continuity of the relationship. (6) The length of the relationship. (c) “Domestic violence shelter” means a shelter for domestic violence victims that meets all of the following requirements: (1) Provides shelter in an undisclosed and secured location. (2) Provides staff that meet the requirements set forth in Section 1037.1 of the Evidence Code. (3) Meets the requirements set forth in Section 18294. (d) “Undisclosed” means a location that is not advertised or publicized. (Amended by Stats. 2016, Ch. 50, Sec. 124. (SB 1005) Effective January 1, 2017.)

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