Welfare and Institutions Code — Part 3 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 3 of 35 · provisions 401–600

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

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

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 10602.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must investigate, examine, and report on certain charitable institutions and responsible public officers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10602. The department shall investigate, examine and make reports upon: (a) The charitable institutions of the state and of the counties and cities of the state, other than county hospitals and institutions under the jurisdiction of another state department. (b) The public officers who are in any way responsible for the administration of public funds used for public social services which are administered by the department. (Amended by Stats. 1977, Ch. 1252.)
  2. 10602.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The State Department of Social Services must submit a proposed list of quality improvement activities, including funding totals, to specified legislative budget committees by May 14 each year, starting no later than May 14, 2025.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10602.1. No later than May 14, 2025, and no later than May 14 every year thereafter, the State Department of Social Services shall provide the Joint Legislative Budget Committee and the Senate and Assembly Budget committees with a proposed list of quality improvement activities, including funding totals by activity, that will be funded in the next fiscal year with federal Child Care and Development Funds pursuant to Section 98.53 of Title 45 of the Code of Federal Regulations. (Added by Stats. 2024, Ch. 73, Sec. 23. (SB 163) Effective July 2, 2024.)
  3. 10602.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The Employment Development Department must investigate, examine, and report on public officers responsible for administering public funds used for services it administers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10602.4. The Employment Development Department shall investigate, examine, and make reports upon the public officers who are in any way responsible for the administration of public funds used for services which are administered by the Employment Development Department. (Added by renumbering Section 10602.5 by Stats. 1977, Ch. 579.)
  4. 10603.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must advise public officers on public social services and supervise state public social services, except health care services and medical assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10603. The department shall advise public officers regarding the administration of public social services by public agencies throughout the state, and shall supervise the administration of state public social services, except health care services and medical assistance, to all persons receiving or eligible to receive such state public social services. It shall also supervise the expenditure of any funds for Indian relief which may be granted to the state by the federal government. (Amended by Stats. 1977, Ch. 1252.)
  5. 10604.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must set welfare-related county grant conditions and regulations, and those regulations bind county officials and county departments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10604. In administering any funds appropriated or made available for disbursement through the counties for welfare purposes, the department shall: (a) Require as a condition for receiving such grants-in-aid, that the county shall bear that proportion of the total expense of furnishing aid, as is fixed by the law relating to such aid. (b) Establish regulations not in conflict with the law fixing statewide standards for the administration of all state or federally assisted public social services, except health care services and medical assistance, which define and control the conditions under which such public social services may be granted or refused. All regulations established by the department shall be binding upon the boards of supervisors and the county department. (Amended by Stats. 1978, Ch. 429.)
  6. 10604.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must pay county welfare department claims only if they are filed within nine months after the end of the calendar quarter when the costs were paid, unless a federal-law exception applies or the department grants a waiver.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10604.5. (a) (1) Commencing July 1, 1992, the department shall pay only those county welfare department claims for federal or state reimbursement of administration and services under this division which are filed with the department within nine months of the end of the calendar quarter in which the costs are paid. A claim filed after that time may only be paid if the claim falls within the exceptions set forth in federal law. Any claim filed with the department after July 1, 1985, shall be subject to these limitations. (2) The department may change the nine-month limitation specified in paragraph (1), as deemed necessary by the department to comply with federal changes which affect claiming time limits. (b) (1) The department may waive the time limit imposed by subdivision (a) if the department determines there was good cause for a county’s failure to file a claim or claims within the time limit. (2) (A) For purposes of this subdivision, “good cause” means circumstances which are beyond the county’s control, including acts of God and documented action or inaction by the state or federal government. (B) “Circumstances beyond the county’s control” do not include neglect or failure on the part of the county or any of its offices, officers, or employees. (C) A county shall request a waiver of the time limit imposed by this section for good cause in accordance with regulations adopted and promulgated by the department. (3) The department’s authority to waive the time limit under this subdivision shall be subject to the availability of funds and shall not apply to claims submitted beyond 18 months after the end of the calendar quarter in which costs were paid. (Amended by Stats. 2000, Ch. 808, Sec. 122. Effective September 28, 2000.)
  7. 10604.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must pay reimbursement claims only if they are filed within 18 months after the end of the calendar quarter when the costs were paid. Late claims may be paid only if a federal-law exception applies, and the department may change the 18-month limit to match federal changes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10604.6. (a) The department shall pay only those assistance claims for federal or state reimbursement under this division that are filed with the department within 18 months after the end of the calendar quarter in which the costs are paid. (b) Any claim that is filed after the time specified in subdivision (a) may be paid only if an exception under federal law applies to that claim. (c) The department may change the 18-month time limit specified in subdivision (a), as deemed necessary by the department to comply with federal changes that affect time limits. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 12. Effective July 28, 2009.)
  8. 10605.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The director must notify a county in writing if the county is substantially failing to comply, give at least 30 days to fix it, and may then seek injunctive relief, order a hearing, or impose certain sanctions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions: (1) (A) Bring an action for injunctive relief to secure immediate compliance. (B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance. (2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days’ notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision. (b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently: (1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied. (2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or their authorized representative shall have all of the powers and responsibilities of the county director, except that the authorized representative shall not be subject to the authority of the board of supervisors. (B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose. (ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation. (iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 2011–12 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the county’s share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code. (c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families. (2) Except when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days’ notice of the department’s intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review. (3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section. (4) The notice required by paragraph (2) does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review. (5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the county’s written response. Both the county response and the department’s written response shall be published as part of the audit or review and made final. (6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b). (7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d). (d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the county’s contentions as to those issues, including any documentation to support the county’s contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding. (A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions: (i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director. (ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing. (iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings. (B) The final audit or review of the findings shall include the county’s Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review. (e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response. (f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department. (g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law. (2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate. (Amended by Stats. 2023, Ch. 438, Sec. 2. (AB 426) Effective January 1, 2024.)
  9. 10605.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    If the state gets a federal child welfare penalty, the department must work out how to split the counties’ share among counties tied to the outcome failure. Counties below the 90% spending benchmark can face a larger share, while small counties are exempt and the director may waive the added share.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10605.1. (a) If a federal disallowance or other financial penalty is imposed on the state based on the results of the federal Children and Family Services Review pursuant to Section 1320a-2a of Title 42 of the United States Code, the department, in consultation with the California State Association of Counties, shall develop an apportionment of the total counties’ share of the penalty pursuant to paragraph (3) of subdivision (e) of Section 30026.5 of the Government Code to the individual counties whose performance contributed to the failure to meet the federal outcome target upon which the federal disallowance or other financial penalty is based. (b) The apportionment of the total counties’ share of the penalty to the appropriate individual counties shall include, but not be limited to, the following: (1) For individual counties subject to a share of the federal disallowance or other financial penalty pursuant to this section that did not expend in the fiscal year upon which the federal disallowance or financial penalty is based an amount equivalent to 90 percent of that which the county would have had to spend in the 2011–12 fiscal year in the absence of 2011 Realignment Legislation to access the augmentation funding pursuant to Section 10609.9, as that section read prior to the enactment of 2011 Realignment Legislation, on services that were previously funded from the General Fund from with Child Welfare Services Allocation prior to the enactment of 2011 Realignment Legislation, an increased share of the federal disallowance or other financial penalty as calculated in paragraph (2). The determination of whether a county expended the amount necessary to be eligible for the allocation pursuant to this subdivision shall be made based on claims for that fiscal year received by the department as of August 1 of the subsequent fiscal year to the fiscal year in which the federal disallowance or financial penalty is based. (2) For every percentage point below the 90 percent expenditure level pursuant to paragraph (1), the individual county’s share of the federal disallowance or other financial penalty shall be increased by 2 percentage points. Percentages shall be rounded up or down to the nearest full percentage for purposes of this paragraph. (3) Small counties, defined as those counties with a population of 50,000 or fewer pursuant to demographic information released each year by the Department of Finance, are exempt from the minimum expenditure requirement and the increased share of penalties pursuant to paragraphs (1) and (2). (4) The increased share of federal disallowances or other financial penalties pursuant to paragraph (2) shall not be imposed on any county if the revenues received pursuant to Sections 6051.15 and 6201.15 and allocated to the county’s Protective Services Subaccount within the Support Services Account in the fiscal year upon which the federal disallowance or other financial penalty is based do not equal the maximum level of funds allocated to the county’s Protective Services Subaccount within the Support Services Account in any fiscal year prior to the fiscal year upon which the federal disallowance or other financial penalty is based plus additional amounts if necessary to fully fund foster care assistance and Adoption Assistance Program payments in the fiscal year upon which the federal disallowance or other financial penalty is based. (5) The director is authorized to waive the additional county share of federal disallowances or other financial penalties. (Added by Stats. 2012, Ch. 36, Sec. 71.5. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
  10. 10605.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    If a county probation department is substantially out of compliance, the director must notify key officials in writing, give at least 30 days to fix it, and may then seek court or administrative action.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10605.2. If the director believes that a county probation department is substantially failing to comply with any provision of this code or any regulation pertaining to the placement activities required to be performed by the probation department to ensure that the needs of wards in placements whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program are met, and the director determines that formal action may be necessary to secure compliance, he or she shall inform the chief probation officer, the presiding judge of the juvenile court, and the board of supervisors of that failure. The notice to the chief probation officer, the presiding judge of the juvenile court, and board of supervisors shall be in writing and shall allow the county probation department a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county probation department does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions: (a) Bring an action for injunctive relief to secure immediate compliance. Any county probation department that is found to be failing in a substantial manner to comply with the law or regulations pertaining to placement activities required to be performed by the probation department to ensure that the needs of wards in placement whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program are met, may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county probation department compliance. (b) Order the county probation department to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The hearing shall be conducted pursuant to the rules and regulations of the department. If the director determines, based on the record established at the hearing, that the county probation department is failing to comply with the provisions of this code or the regulations pertaining to the placement activities required to be performed by the probation department to ensure that the needs of wards in placement funded through the Aid to Families with Dependent Children-Foster Care program are met, or if the State Personnel Board certifies to the director that a county probation department is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions: (1) Withhold all or part of state and federal funds from the county probation department until the county probation department demonstrates to the director that it has complied. (2) Assume, temporarily, direct responsibility for fulfilling the placement activities required by law and regulations to ensure that the needs of the wards in placement funded through the Aid to Families with Dependent Children-Foster Care program are met, until the time as the county probation department provides reasonable assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her authorized representative shall have all of the powers and responsibilities of the chief probation officer with regard to placement requirements for wards whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program, except that he or she shall not be subject to the authority of the board of supervisors. In the event that the director invokes sanctions pursuant to this section, the county probation department shall be responsible for providing any funds as may be necessary for the continued fulfillment of placement activities as required by law and regulation for the placement of wards whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program administered on behalf of the department in the county probation department. If a county probation department fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in performing the activities required for the placement of wards whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program in the county probation department, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county probation department for any purpose. Nothing in this section shall be construed as preventing a county probation department from seeking judicial review under Section 1094.5 of the Code of Civil Procedure of any final decision of the director made after a hearing conducted under this section. This review shall be the exclusive remedy available to the county probation department for review of the director’s decision. Nothing in this section shall be construed as preventing the director from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure that there is no interruption in the provision of benefits to any person eligible therefor under the provisions of this code or the regulations of the department. (Amended by Stats. 2012, Ch. 728, Sec. 191. (SB 71) Effective January 1, 2013.)
  11. 10605.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must create a confidential voluntary-disclosure process for social workers, share a description of it, and later report limited information to the Legislature and on its website.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10605.5. (a) (1) The department, in consultation with counties and labor organizations, shall establish, no later than January 1, 2016, a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of the following conditions: (A) Endangers the health or well-being of a child or children. (B) Is contrary to existing statute or regulation. (C) Is contrary to public policy. (2) Notwithstanding any other law, the department shall not disclose to any person or entity the identity of a social worker making a disclosure described in paragraph (1), unless (A) the social worker has consented to the disclosure or (B) there is an immediate risk to the health and safety of a child. (b) The department shall make available a description of the process established pursuant to subdivision (a) to counties and labor organizations. (c) For purposes of this section, “county child welfare agency” includes a county welfare department, child welfare department, and any other county agency that employs social workers and is responsible for the placement and supervision of children and youth in foster care, including department social workers contracted by counties to perform direct adoption services. (d) (1) No later than January 1, 2018, the department shall report to the Legislature only the following information: (A) The total number of relevant disclosures received from social workers, including the month and year the disclosure was received. (B) A summary description of both of the following: (i) The issues raised in the disclosures received from a social worker. (ii) The actions taken by the department in response to the disclosures. (2) No later than January 1, 2018, the department shall post on its Internet Web site the information described in paragraph (1). (3) The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2014, Ch. 768, Sec. 2. (AB 1978) Effective January 1, 2015.)
  12. 10606.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department must publish and make available its relevant rules and regulations free of charge, and provide a free subscription service for updates and decision digests.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10606. The department shall cause to be published and made available, at no cost to the public, all of its rules and regulations relating to: (a) The government of the department. (b) Any form of public assistance for which state aid is granted to the counties or over the administration of which the department has supervision. The department shall also provide at no cost such subscription service as may be necessary to assure prompt receipt of all additions and amendments to the rules and regulations of the department and digests of decisions compiled under Section 10964. (Amended by Stats. 1983, Ch. 323, Sec. 109.8. Effective July 1, 1983.)
  13. 10606.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    County welfare departments may access Employment Development Department information to check public social services applicants’ or recipients’ eligibility for unemployment or disability insurance benefits, and may require an application if the information shows possible eligibility for a specified weekly amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10606.1. (a) The department and county welfare departments shall have access to computer information maintained in the files of the Employment Development Department pursuant to Sections 1094 and 1095 of the Unemployment Insurance Code. (b) The county shall access the information maintained in the Employment Development Department pursuant to Sections 1094 and 1095 of the Unemployment Insurance Code to determine if the applicant for, or recipient of, public social services may be eligible for unemployment insurance benefits or disability insurance benefits. If the information reveals that the applicant for, or recipient of, public social services may actually be eligible for a specified amount of weekly unemployment insurance benefits or disability insurance benefits, the county may require the applicant or recipient to make an application for unemployment insurance benefits or disability insurance benefits. (c) Subdivision (b) shall not be construed to require or used as justification for a county to upgrade or change its computer system in order to comply with that subdivision. (Added by Stats. 1995, Ch. 544, Sec. 1. Effective January 1, 1996.)
  14. 10606.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department may use all-county letters or similar instructions to make certain rule changes and may adopt and readopt emergency regulations, but it must adopt emergency regulations by July 1, 2014 and follow stated filing, review, and expiration limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10606.2. (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the amendments to this division made by the act that added this section by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. (b) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (c) (1) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for purposes of child welfare services programs and activities described in Divisions 2 and 9 of the Welfare and Institutions Code and in Division 13 of the Family Code, the department may, after consultation with counties and other appropriate stakeholders, make rule changes by means of all-county letters of similar instructions from the department pending enactment of state legislation only when necessary to conform to newly enacted federal law and only when both of the following conditions exist: (A) The newly enacted federal law does not provide for delayed implementation pending state legislation, and existing state law either: (i) is inconsistent with the newly enacted federal law, or (ii) does not address the subject matter associated with the newly enacted federal law. (B) The rule change is necessary to retain or maximize federal financial participation that is impacted by the newly enacted federal law. (2) Any all-county letter or similar instruction issued by the department pursuant to this subdivision shall expire 15 months after issuance by the department unless state legislation ratifying the rule changes has been enacted. (Added by Stats. 2012, Ch. 35, Sec. 73. (SB 1013) Effective June 27, 2012.)
  15. 10607.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    If the department publishes public assistance pamphlets or related materials, they must be printed in English; they may also be printed separately in Spanish or, at the department’s discretion, in both English and Spanish.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10607. Where the department causes to be published for public distribution informational pamphlets and related materials relating to public assistance programs administered or supervised by the department, they shall be printed in English and may be printed separately in Spanish, or at the discretion of the department, in English and Spanish, in such numbers as the department may determine. (Added by Stats. 1965, Ch. 1784.)
  16. 10607.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The State Department of Social Services must prepare and update a short public guide to certain social services programs, and county offices must receive a master copy.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10607.5. (a) In order to better inform the public as to the range of social services available to aid children and their families, and to provide a concise summary of programs caseworkers may access to aid clients, the State Department of Social Services shall prepare a guide to all programs administered by county departments of social services for children and their families, and that are regulated by the State Department of Social Services. This guide shall include brief descriptions of programs and succinct summaries of their eligibility requirements for all programs available on a statewide basis or in at least two counties. The guide shall not exceed five letter-sized pages. It is not the intent of the Legislature that the guide be a comprehensive training manual for social workers. The guide shall, therefore, be written in language tailored for comprehension by the general public. The guide shall be updated on an annual basis. (b) The State Department of Social Services shall provide one master copy of the guide, prepared pursuant to subdivision (a), to each county department of social services office that serves children and their families. The State Department of Social Services and county social services departments may make copies of the guide available to members of the public upon request on a fee-for-service basis, provided that the fee shall not exceed the cost of duplication and mailing. (Added by Stats. 1993, Ch. 1231, Sec. 1. Effective January 1, 1994.)
  17. 10608.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    County and department offices must make the specified laws, bulletins, rules, and regulations available for public inspection during regular office hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10608. Copies of all laws relating to any form of public social service for which state aid is granted to counties, and over the administration of which the department has supervision, and of all bulletins and rules and regulations of the department, shall be made available to the public and for public inspection during regular office hours at each county office administering such aid and in each local or regional office of the department. (Amended by Stats. 1977, Ch. 1252.)
  18. 10609.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department may work with the federal government and receive and spend federal funds for its functions, but related contracts or agreements need State Department of Finance approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609. The department may act as the agent or representative of or cooperate with the federal government in any matters within the scope of the functions of the department, for the administration of federal funds granted to this state or for any other purpose in furtherance of those functions. The department may cooperate with the federal government, its agencies or instrumentalities, in establishing, extending, and strengthening services for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent, and may receive and expend all funds made available for such purposes by the federal government to the department, the state, a county, a district, a municipal corporation, or a political subdivision. Any contract or agreement entered into by the department with the federal government or any agency thereof for the expenditure of any funds in the exercise of any power granted to the department by this section shall be subject to approval by the State Department of Finance. (Amended by Stats. 1977, Ch. 1252.)
  19. 10609.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must study and improve Independent Living Program services for foster youth, and counties must maintain a stipend for related needs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.3. (a) By January 1, 1995, the State Department of Social Services shall complete, in consultation with county Independent Living Program administrators, placement agencies, providers, advocacy groups, and community groups, a comprehensive evaluation of the Independent Living Program established pursuant to the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) and develop recommendations available to the public on how independent living services could better prepare foster youth for independence and adulthood. (b) The department shall investigate alternative transition housing models for youth between the ages of 17 and 18 who are in out-of-home placements under the supervision of the county department of social services or county probation department. To the extent federal funds are available and it is in the best interests of the children, the department shall develop and implement a transitional housing model for youth who are preparing for emancipation from foster care. (c) The department shall also investigate alternative transition models for youth discharged from foster care to live on their own. As part of this investigation, the department shall consider the needs of youth for housing, transportation, health care, access to community resources, employment, and other support services. (d) The department shall, with the approval of the federal government, amend the foster care state plan, provided for pursuant to Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670, et seq.), and the child welfare services state plan (42 U.S.C. Sec. 622), to permit all eligible children be served by the Independent Living Program up to the age of 21 years. (e) (1) Counties shall maintain a stipend to supplement and not supplant the Independent Living Program. The stipend may provide for, but not be limited to, assisting youth who have exited the foster care system at or after 18 years of age with the following independent living needs: (A) Bus passes. (B) Housing rental deposits and fees. (C) Housing utility deposits and fees. (D) Work-related equipment and supplies. (E) Training-related equipment and supplies. (F) Education-related equipment and supplies. (2) Notwithstanding Section 10101, the state shall pay 100 percent of the nonfederal costs associated with the stipend program in paragraph (1), subject to the availability of funding provided in the annual Budget Act. (3) Notwithstanding paragraph (2), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 74. (SB 1013) Effective June 27, 2012.)
  20. 10609.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    This section requires the state department and counties to set up, report on, and administer the Independent Living Program, with specific reporting, survey, data-entry, housing-spending, and regulation duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.4. (a) On or before July 1, 2000, the State Department of Social Services, in consultation with county and state representatives, foster youth, and advocates, shall do both of the following: (1) Develop statewide standards for the implementation and administration of the Independent Living Program established pursuant to the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272). (2) Define the outcomes for the Independent Living Program and the characteristics of foster youth enrolled in the program for data collection purposes. (b) Consistent with federal law and reporting requirements, each county department of social services shall submit to the department an annual Independent Living Program report, which shall include the following: (1) An accounting of federal and state funds expended for implementation of the program. A county shall spend no more than 30 percent of federal Independent Living Program funds on housing. Expenditures shall be related to the specific purposes of the program. It is the intent of the Legislature that the department, in consultation with counties, shall develop a process for reporting that satisfies federal law and reporting requirements. Program purposes may include, but are not limited to, all of the following: (A) Enabling participants to seek a high school diploma or its equivalent or to take part in appropriate vocational training, and providing job readiness training and placement services, or building work experience and marketable skills, or both. (B) Providing training in daily living skills, budgeting, locating and maintaining housing, and career planning. (C) Providing for individual and group counseling. (D) Integrating and coordinating services otherwise available to participants. (E) Providing each participant with a written transitional independent living plan that will be based on an assessment of the participant’s needs, that includes information provided by persons who have been identified by the participant as important to the participant in cases in which the participant has been in out-of-home placement for six months or longer from the date the participant entered foster care, consistent with the participant’s best interests, and that will be incorporated into their case plan. (F) Providing participants who are within 90 days of attaining 18 years of age, or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), including those former foster care youth receiving Independent Living Program Aftercare Services, the opportunity to complete the exit transition plan as required by paragraph (16) of subdivision (f) of Section 16501.1. (G) Providing participants with other services and assistance designed to improve independent living. (H) Convening persons who have been identified by the participant as important to them for the purpose of providing information to be included in their written transitional independent living plan. (2) Counties shall ensure timely and accurate data entry into the statewide child welfare information system for all youth receiving services pursuant to this section. (3) Counties shall ensure that eligible foster care youth continue to receive information about, and are provided with an opportunity to complete, the National Youth in Transition Database (NYTD) survey, based on an updated process that shall be developed jointly by the department, in consultation with counties to ensure maximum participation in the survey completion and compliance with federal requirements, as follows: (A) Counties shall provide information to the youth about the NYTD survey within 60 days prior to the date the current or former foster youth is required to be offered the survey. (B) Within 45 days following the youth in foster care turning 17 years of age, counties shall ensure that each youth has an opportunity to complete the NYTD survey as required by federal law. (C) Counties shall contact the youth who completed the survey at age 17, in order to request that they complete the followup survey before their 19th and 21st birthdays. (D) Counties shall provide opportunities for current and former eligible foster youth to take the NYTD survey online at child welfare services and probation offices. (c) The county department of social services in a county that provides transitional housing placement services pursuant to paragraph (2) of subdivision (a) of Section 11403.2 shall include in its annual Independent Living Program report a description of currently available transitional housing resources in relation to the number of emancipating pregnant or parenting foster youth in the county, and a plan for meeting any unmet transitional housing needs of the emancipating pregnant or parenting foster youth. (d) In consultation with the department, a county may use different methods and strategies to achieve the standards and outcomes of the Independent Living Program developed pursuant to subdivision (a). (e) In consultation with the County Welfare Directors Association, the California Youth Connection, and other stakeholders, the department shall develop and adopt emergency regulations, no later than July 1, 2012, in accordance with Section 11346.1 of the Government Code that counties shall be required to meet when administering the Independent Living Program and that are achievable within existing program resources and any federal funds available for case management and case plan review functions for nonminor dependents, as provided for in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the first readoption of those regulations authorized by this subdivision shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days. (f) The department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, and researchers, shall review and develop modifications needed to the Independent Living Program to also serve the needs of nonminor dependents, as defined in subdivision (v) of Section 11400, eligible for services pursuant to Section 11403. These modifications shall include the exit transition plan required to be completed within the 90-day period immediately prior to the date the nonminor participant attains the age that would qualify the participant for federal financial participation, as described in Section 11403, pursuant to Section 675(5)(H) of Title 42 of the United States Code. Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, through June 30, 2012, the department shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. (g) Beginning in the 2011–12 fiscal year and for each fiscal year thereafter, funding and expenditures for programs and activities required under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2022, Ch. 50, Sec. 40. (SB 187) Effective June 30, 2022.)
  21. 10609.45.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    Independent Living Program services must be provided to certain otherwise eligible former dependent children placed with a nonrelated legal guardian, subject to subdivision (b).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.45. (a) Subject to subdivision (b), and notwithstanding any other provision of law, services available under the Independent Living Program, established pursuant to the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), shall be provided to an otherwise eligible former dependent child of the juvenile court pursuant to Section 300 placed with a nonrelated legal guardian, who is receiving permanent placement services pursuant to subdivision (b) of Section 16508. In a county operating under a demonstration project pursuant to Section 18260, services available under the Independent Living Program shall be provided to an otherwise eligible former dependent child of the juvenile court pursuant to Section 300 placed with a nonrelated legal guardian, regardless of whether the child is receiving permanent placement services. (b) Services provided pursuant to subdivision (a) shall only be provided to an otherwise eligible former dependent child of the juvenile court pursuant to Section 300 placed with a nonrelated legal guardian, whose guardianship was ordered on or after the child’s eighth birthday. (Added by Stats. 2010, Ch. 555, Sec. 1. (SB 654) Effective January 1, 2011.)
  22. 10609.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must hire an appropriate qualified entity to evaluate the child welfare services budgeting methodology and recommend revisions, and it must convene an advisory group.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.5. (a) The department shall contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of the current child welfare services budgeting methodology and make recommendations for revising the budgeting methodology, including appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system. This evaluation shall, at a minimum, consider the impact of the following factors on the budgeting methodology: (1) The current state and federal statutory and regulatory environment for child welfare services. (2) The state of the art advancements and best child welfare practice, such as family conferencing and wraparound services. (3) The impact of the child welfare services case management system on the workload of workers in the system. (4) The nature and degree of the problems experienced by families in need of child welfare services, and the service needs of abused and neglected children and their families. (5) The impact on workload of obtaining timely medical, mental health, educational, and developmental assessments of children in the child welfare system, and coordinating with other systems to meet the children’s needs. (b) The department shall convene an advisory group that shall include representatives of the County Welfare Directors Association, the California State Association of Counties, child welfare services consumers, children’s advocacy organizations, and child welfare social worker organizations. The advisory group shall do both of the following: (1) Provide oversight over the process of selecting an entity to conduct an evaluation under subdivision (a). (2) Provide oversight over, and technical assistance to, the entity selected to conduct the evaluation under subdivision (a). (Amended by Stats. 2001, Ch. 745, Sec. 239. Effective October 12, 2001.)
  23. 10609.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must develop an implementation plan with a seven-member task force, reimburse certain travel and related expenses if hardship is shown, and submit the plan to legislative committees by June 30, 2001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.6. (a) The department, in consultation with the seven member task force specified in subdivision (b), shall develop a plan to implement the recommendations of the evaluation required by Section 10609.5. (b) The task force created pursuant to this section shall include all of the following: (1) The director, or his or her designee. (2) One representative from each of the following: (A) The Department of Finance. (B) The County Welfare Directors Association. (C) The California State Association of Counties. (D) Child welfare services consumers. (E) Children’s advocacy organizations. (F) Child welfare social worker organizations. (c) If participation on the task force convened pursuant to this section will cause hardship for the representative of child welfare consumers identified in paragraph (4) of subdivision (b), the department, upon the request of the representative, shall provide reimbursement for travel and other expenses directly related to participation in the task force. Except as provided in this subdivision, no task force member shall receive compensation or any other payment for serving on the task force. (d) The department shall submit the implementation plan to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2001. (Added by Stats. 2000, Ch. 108, Sec. 25.5. Effective July 10, 2000.)
  24. 10609.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The Legislature states its intent that the Human Resources Workgroup include core strategies for minimum caseload standards in its next report and make recommendations for implementing those standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.7. (a) The Legislature finds and declares all of the following: (1) The department has convened the Child Welfare Services Stakeholders Group for the purpose of making recommendations to redesign California’s child welfare system to create and sustain a flexible system, comprising public and private partnerships, that provides a comprehensive system of support for families and communities to ensure the well-being of every child. (2) In the first year of the stakeholders group, there was significant attention brought to the carrying capacity of direct service professionals through the development of an implementation plan of child welfare services workload study pursuant to Section 10609.5. (3) The stakeholders group has convened a series of working groups, including the Human Resources Workgroup, whose tasks are to develop core strategies and recommendations resulting in a high capacity, competent, satisfied child welfare services workforce able to perform the essential functions of the redesigned child welfare system. (4) In the second year, the Human Resources Workgroup report found that workload issues have not appreciably declined and that for the child welfare services redesign to be successful, workforce considerations need to be at the forefront of all redesign efforts. (5) The stakeholders group and its Human Resources Workgroup have entered the third year of the redesign process for the state’s child welfare services. (b) It is the intent of the Legislature that the Human Resources Workgroup of the Child Welfare Services Stakeholders Group include in its next planned report the core strategies needed to establish minimum caseload standards under the redesigned child welfare services system for all service areas. (c) It is the intent of the Legislature that the Human Resources Workgroup also make recommendations for implementing the new caseload standards, including a recommendation that would achieve at least 20 percent of the caseload reductions annually over a specified period of time, as required under the newly recommended standards. (Added by Stats. 2002, Ch. 635, Sec. 1. Effective January 1, 2003.)
  25. 10609.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The State Department of Social Services must give the Legislature’s budget committees annual information at budget hearings comparing the Governor’s proposed child welfare services budget with recommended caseload standards and related cost adjustments, and it must consult with the County Welfare Directors Association on those adjustments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.8. On an annual basis, at the time of budget hearings, the State Department of Social Services shall provide information to the budget committees of the Legislature comparing the Governor’s proposed statewide budget for the child welfare services program, including the augmentation and hold harmless funds, to the caseload standards recommended by the evaluation required under Section 10609.5, updated for an analysis of cost-of-doing-business increases and to account for the use of child welfare services funding for noncase-carrying activities, based on information supplied by counties, and measured on a statewide basis. The department shall consult with representatives of the County Welfare Directors Association in the development of statewide cost-of-doing-business increases and the average proportion of expenditures on noncase-carrying activities. (Added by Stats. 2005, Ch. 78, Sec. 21. Effective July 19, 2005.)
  26. 10609.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    Child welfare outcome-improvement funds may be used flexibly for county system-improvement priorities, and later-year funding and spending must follow specified Government Code requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.9. (a) (1) Funds designated for child welfare services outcome improvements shall be flexible and may be spent on local priorities identified in the county’s system improvement plan, including, but not limited to, any of the following: (A) Reducing high worker caseloads. (B) Clerical or paraprofessional support. (C) Direct services to clients, such as mental health or substance abuse treatment. (D) Prevention and early intervention services, such as differential response. (E) Permanency and youth transition practice improvements. (F) Any other investments to better serve children and families, which may include services to support older youth in foster care, such as mentoring services. (2) It is the intent of the Legislature that these funds be linked to improved outcomes, and provided to counties on an ongoing basis. (b) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 76. (SB 1013) Effective June 27, 2012.)
  27. 10609.95.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The State Department of Social Services must provide annual guidance and share best practices with counties about memoranda of understanding with appropriate foreign consulates for certain juvenile court cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.95. (a) The State Department of Social Services shall provide guidance on best practices and facilitate an exchange of information and best practices among counties on an annual basis, commencing no later than January 1, 2014, on establishing memoranda of understanding with appropriate foreign consulates for juvenile court cases in which a parent has been arrested and issued an immigration hold, has been detained by the United States Department of Homeland Security, or has been deported to his or her country of origin. This exchange of information may be accomplished by posting training and other information on the department’s Internet Web site. (b) The memoranda of understanding shall include, but shall not be limited to, procedures for contacting a foreign consulate at the onset of a juvenile court case, accessing documentation for the child, locating a detained parent, facilitating family reunification once a parent has been deported to his or her country of origin, aiding the safe transfer of a child to the parent’s country of origin, and communicating with relevant departments and services in the parent’s country of origin, including, when appropriate, allowing reports from the foreign child welfare authorities documenting the parent’s living situation and the parent’s participation in service plans in the country of origin that are in compliance with the case plan requirements. (Added by Stats. 2012, Ch. 845, Sec. 16. (SB 1064) Effective January 1, 2013.)
  28. 10609.97.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The State Department of Social Services must give guidance and share best practices with counties each year about helping eligible children seek special immigrant juvenile status.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.97. (a) The State Department of Social Services shall provide guidance on best practices and facilitate an exchange of information and best practices among counties on an annual basis, commencing no later than January 1, 2014, on assisting a child in a juvenile court case who is eligible for special immigrant juvenile status under Section 1101(a)(27)(J) of Title 8 of the United States Code. This exchange of information may be accomplished by posting training and other information on the department’s Internet Web site. (b) The guidance shall include procedures for assisting eligible children in applying for special immigrant juvenile status, before the children reach 21 years of age or get married, and applying for T visas, U visas, and Violence Against Women Act self-petitions. (Added by Stats. 2012, Ch. 845, Sec. 17. (SB 1064) Effective January 1, 2013.)
  29. 10609.98.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The State Department of Social Services and each county human services agency must post specified refugee resource information on their websites.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10609.98. (a) The State Department of Social Services shall post a single page on its internet website with a list of available state resources for refugees and a link to the internet website of each county human assistance agency. (b) Each county human services agency shall post a single page on its internet website with a list of available resources for refugees that may include, but is not limited to, all of the following: (1) Public transportation, including, but not limited to, schedule information and free or discounted rate information. (2) Financial literacy information. (3) Resources for establishing credit. (4) Job orientation and training programs. (5) Mental health services. (6) Affordable housing and rental assistance programs. (Added by Stats. 2023, Ch. 399, Sec. 1. (SB 465) Effective January 1, 2024.)
  30. 10610.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department may join associations of social welfare agencies for sharing information about social welfare administration techniques.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10610. The department may join associations of social welfare agencies having as their purpose the interchanging or supplying of information relating to the technique of social welfare administration. (Amended by Stats. 1977, Ch. 1252.)
  31. 10611.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    Certain building plans must be submitted to the department before they are adopted for suggestions and approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10611. All plans for the use of existing buildings or for new buildings, parts of buildings, or additions to or alterations in buildings, for any public institution under the supervision of the department or for any state, city, or county charitable institution (other than county hospitals and institutions under the jurisdiction of another state department) or for any privately operated institution which receives state aid for the care or support of its inmates shall, before their adoption, be submitted to the department for suggestions and approval as to the social requirements of the occupants. (Amended by Stats. 1977, Ch. 1252.)
  32. 10612.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must send the Governor a full annual report two months before each legislative session.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10612. Two months prior to each annual session of the Legislature, the department shall make a full and complete report to the Governor of all its transactions during the preceding year, showing specifically all expenses incurred and moneys paid out by it, with suggestions and recommendations for legislative and executive action. The department shall include in its report a complete report on its administration of appeals. (Added by Stats. 1965, Ch. 1784.)
  33. 10612.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must oversee the internet-based child abuse and neglect reporting program by written directives, and counties that join the program must carry out monitoring, evaluations, outcome measures, and reporting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10612.5. (a) The department shall oversee the program for internet-based reporting of child abuse and neglect pursuant to Section 11166.02 of the Penal Code through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) A county that chooses to participate in the program shall hire an evaluator to monitor the implementation of the program and submit evaluations to the State Department of Social Services during the first two years of implementation. The department may authorize additional time if needed, as determined by the department after consultation with the county, in accordance with directives issued by the department pursuant to subdivision (a). At a minimum, the evaluations shall address the outcome measures described in subdivision (c). (c) In addition to any requirements set forth by the department under this section, a county that participates in the program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the program of the county during the duration of the program, which may include the following: (1) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports. (2) The number of reports provided through the internet-based reporting system and any increase or decrease in usage of the system. (3) Any increase or decrease in the number of emergency or nonemergency telephone reports. (4) Any increase or decrease in the overall number of emergency or nonemergency reports. (d) A county that participates in the program shall, within two years of the county’s implementation, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the program based on the outcome measures developed pursuant to subdivision (c). (e) The department may conclude the program on a county-by-county basis if the evaluation and monitoring indicate the program is compromising the safety of children. (Amended by Stats. 2020, Ch. 242, Sec. 2. (AB 1929) Effective January 1, 2021.)
  34. 10613.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department may include administering and supervising public social services, but not health care services or medical assistance, within this state.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10613. The functions of the department may include the administration and the supervision of the administration of public social services, except health care services and medical assistance, within this state as an agent of the federal government and acting as a service agency for the federal government in the field of social service and welfare. (Amended by Stats. 1977, Ch. 1252.)
  35. 10614.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department must send fiscal assumptions and estimates to the Department of Finance on specified annual deadlines, and the Department of Finance must approve or modify them within 15 working days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10614. (a) The department shall annually submit by September 10 of each year and March 1 of the following year, to the Department of Finance for its approval, all assumptions underlying all estimates related to all of the following: (1) Average monthly caseload for each of the categorical aid programs. (2) Average grant for each of the categorical aid programs. (3) Total estimated expenditures for each of the categorical aid programs. (4) Savings or costs associated with all regulatory or statutory changes. (b) The Department of Finance shall approve or modify the assumptions underlying all estimates within 15 working days of their submission. If the Department of Finance does not approve or modify the assumptions by such date, the assumptions as presented by the submitting department shall be deemed to be accepted by the Department of Finance as of that date. (c) Assumptions shall be released to the legislative fiscal committees immediately following approval or modification by the Department of Finance. The department shall identify those premises to which either of the following apply: (1) Have been discontinued since the previous estimate was submitted. (2) Have been placed in the basic cost line of the estimate package. (d) The department shall submit an estimate of expenditures for each of the categorical aid programs to the Department of Finance by November 1 of each year and April 20 of the following year. Each estimate shall contain a concise statement identifying applicable estimate components, such as caseload, unit cost, implementation date, whether it is a new or continuing premise, and other assumptions necessary to support the estimate. The submittal shall include a projection of the fiscal impact of each of the approved assumptions related to a regulatory, statutory, or policy change; a detailed explanation of any changes to the base estimate projections from the previous estimate; and a projection of the fiscal impact of such change to the base estimate. (e) (1) The department shall submit to the Department of Finance, as part of the estimates compiled November 1 each year, a brief narrative description of the methodological steps employed in arriving at all of the following: (A) The basic grant costs for the Aid to Families with Dependent Children program and State Supplementary Program. (B) The basic administrative costs for the Aid to Families with Dependent Children program and CalFresh. (C) All cost estimates for the In-Home Supportive Services program. (D) Any cost estimate for new regulations or legislation which exceeds 2 percent of the total cost of the affected program. (2) These methodological discussions shall be forwarded to the Joint Legislative Budget Committee and the fiscal committees along with the November 1 annual estimates of expenditures. In addition, the department shall, upon request, develop and make available brief written narratives of the steps taken to arrive at specified estimates. Copies of the written narratives, working papers, and data employed in the construction of any estimate used to prepare the Governor’s Budget shall be made available by the State Department of Social Services upon request to the Joint Legislative Budget Committee or the Department of Finance. (f) In the event that the methodological steps employed in arriving at those estimates in May differ from those used in November of the preceding year, the department shall submit a brief narrative description of the revised methodology to the Department of Finance, the Joint Legislative Budget Committee, and the fiscal committees, along with other materials included in the annual May Revision of expenditure estimates. (g) The estimates of average monthly caseloads, average monthly grants, total estimated expenditures (including administrative expenditures and savings or costs associated with all regulatory or statutory changes), as well as all supporting data provided by the department or developed independently by the Department of Finance, shall be made available to the Joint Legislative Budget Committee immediately following approval by the Department of Finance. These departmental estimates, assumptions, and other supporting data as have been prepared shall, however, be forwarded annually to the Joint Legislative Budget Committee not later than January 10 and May 15 by the department if this information has not been released earlier by the Department of Finance. (Amended by Stats. 2011, Ch. 227, Sec. 27. (AB 1400) Effective January 1, 2012.)
  36. 10614.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The Department of Finance must post specified monthly caseload and expenditure data on its website when requested by the Joint Legislative Budget Committee, and the data must also be added to the budget data system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10614.5. Upon the request of the Joint Legislative Budget Committee, the Department of Finance shall post on its Internet Web site data on monthly caseloads and expenditures for public social services programs supervised by the State Department of Social Services. In addition, this data shall be incorporated into and made an integral part of the budget data system. (Amended by Stats. 2012, Ch. 728, Sec. 192. (SB 71) Effective January 1, 2013.)
  37. 10615.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must help county departments improve how they operate and consult them on specific administrative and data-processing methods.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10615. California’s 58 counties vary greatly in their welfare problems, and therefore they should not be treated alike in the supervision of welfare programs. The Legislature hereby declares its intent that the department examine the extent of state control needed over county operations, with a view toward eliminating excessive rigidity in procedure; the state should differentiate between those counties which need general direction as opposed to tight supervision. Within these guidelines, the department shall aid county departments in establishing economic, efficient, and effective methods of operation, including, but not limited to, advising and consulting with county departments with regard to the introduction of electronic computer and data processing systems, personnel utilization, office controls, centralized purchasing, centralized warehousing, writing of specifications, and examination of materials and equipment purchased by county departments. (Added by Stats. 1965, Ch. 1646.)
  38. 10616.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must prepare volunteer recruitment, use, and training plans for county public social services, aimed at improving participation in county public welfare programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10616. The department shall formulate plans for the recruitment, utilization, and training of volunteers to assist in performing services and other duties for the county public social services for the purpose of improving participation in the county public welfare programs. Such plans shall not become effective in a county until approved by a resolution adopted by the board of supervisors. (Amended by Stats. 1977, Ch. 1252.)
  39. 10617.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must set a rate plan for certain out-of-home care facilities and develop related care and homemaker training plans.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10617. In fixing rates for out-of-home care in nonmedical facilities authorized to provide care for recipients of public assistance, the department shall establish a rate plan providing a differential in rate allowances related to the differences in the degree of care required by recipients. The rate structure shall reflect differences in accordance with the specific types of services that are rendered by the facility in providing care for recipients. In establishing the rate structure, the department shall strive to improve and increase the range of services provided by out-of-home facilities in order that recipients may receive the type of care they require at a reasonable cost. In order to keep people in their own homes whenever possible, the department shall develop an expanded range of home care services that will make it possible for people to remain in their own homes or homes of their own choosing with safety. The department shall give particular attention to the training of homemakers to be employed directly by county departments. In developing plans for the recruitment and training of homemakers, the department shall give priority to the training and employment of recipients of public assistance. Emphasis shall be given to arranging hours of work and training so that parents with primary responsibility for the care of children can participate in the program, to the extent not in conflict with federal law. (Amended by Stats. 1977, Ch. 1252.)
  40. 10618.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    Funding for Section 10617 must comply with Part 1.5 starting at Section 10100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10618. Funding of Section 10617 is subject to the provisions of Part 1.5 (commencing with Section 10100) of this division. (Added by Stats. 1978, Ch. 1235. Note: Repeal conditions in Sec. 14 of Ch. 1235 failed.)
  41. 10618.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    County welfare departments must send and explain a Medi-Cal notice to eligible CalFresh applicants who did not ask to enroll, and recipients may need to sign and return it to start eligibility review.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10618.5. (a) The county welfare department shall send any CalFresh applicant who is determined to be eligible for CalFresh benefits and who does not indicate on his or her application an interest in enrolling in the Medi-Cal program a copy of the notice developed pursuant to subdivision (b). (b) (1) Each county welfare department shall develop a notice informing individuals identified pursuant to subdivision (a) that they may be entitled to receive Medi-Cal benefits and requesting their permission to use the information in the CalFresh recipient’s case file to make a determination of eligibility for the Medi-Cal program. (2) The notice shall also include a request for permission to forward the information in the CalFresh recipient’s case file to the Healthy Families Program administrator for eligibility determination if the individual is determined to be eligible to participate in the Medi-Cal program with a share of cost, or is determined to be ineligible for Medi-Cal. (3) To apply for medical assistance under the Medi-Cal program, the CalFresh recipient shall sign, date, and return the notice requesting that an eligibility determination be made. (4) Upon receipt of the notice, the county welfare department shall make an eligibility determination by utilizing the information in the CalFresh recipient’s case file or paper application. The Medi-Cal application date shall be the date the notice is received by the county welfare department. (5) If the CalFresh case file does not include sufficient information to establish Medi-Cal program eligibility, the county welfare department shall request, either orally or in writing, additional information from the CalFresh recipient. (6) The notice shall be written in culturally and linguistically appropriate language and at an appropriate literacy level. The notice shall include information on the Medi-Cal program and the Healthy Families Program, a telephone number that CalFresh recipients may call for additional information, and a prepaid means of returning the notice to the county welfare department to begin the eligibility determination process. (c) If an individual identified in subdivision (a) or (b) is determined to be eligible to participate in the Medi-Cal program with a share of cost, or is determined to be ineligible for Medi-Cal, information pertinent to the CalFresh recipient’s eligibility for the Healthy Families Program shall be forwarded by the county welfare department to the Healthy Families Program statewide administrator for immediate processing. If there is insufficient information to establish Healthy Families Program eligibility, the administrator shall request, either orally or in writing, additional information from the CalFresh recipient. (d) Counties shall include the cost of implementing this section in their annual administrative budget requests to the State Department of Health Care Services. (Amended by Stats. 2011, Ch. 227, Sec. 28. (AB 1400) Effective January 1, 2012.)
  42. 10618.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    County welfare, probation, or Social Services staff must check whether certain foster youth have consumer credit history and help obtain and interpret credit reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10618.6. (a) (1) When a child in a foster care placement reaches his or her 14th birthday, and each year thereafter, while the child is under the jurisdiction of the juvenile court, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services, shall inquire of each of the three major credit reporting agencies as to whether the child has any consumer credit history. (2) If the State Department of Social Services makes the inquiry, it shall notify the county welfare department or county probation department in the county having jurisdiction over the child of the results of that inquiry. (3) Pursuant to the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34) and the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), if an inquiry performed pursuant to this subdivision indicates that a child has a consumer credit history with any major credit reporting agency, the responsible county welfare department or county probation department shall request a consumer credit report from that credit reporting agency. (b) For a nonminor dependent, the county welfare department or county probation department shall assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the three major credit reporting agencies, pursuant to the free annual disclosure provision of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (c) The county social worker or county probation officer shall ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies. The assistance may include, but is not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit services. This section does not require the social worker or probation officer to be the individual providing the direct assistance with interpreting the consumer credit disclosure or resolving the inaccuracies. (d) Notwithstanding any other law, in order to make an inquiry or to request a consumer credit report for youth pursuant to this section, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services may release necessary information to a credit reporting agency. (e) No later than February 1, 2016, the State Department of Social Services shall provide information to the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the appropriate legislative policy committees regarding the implementation of this section, including, but not limited to, any state and county barriers to obtaining credit reports as required by the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34). (Amended by Stats. 2015, Ch. 425, Sec. 20. (SB 794) Effective January 1, 2016.)
  43. 10618.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department must issue guidance for county welfare and juvenile probation departments, and those departments must mail tax-filing and foster youth tax credit information to every nonminor dependent each year.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10618.7. (a) This section shall be known, and may be cited, as the Foster Outreach and Support for Tax Education Readiness (FOSTER) Act. (b) (1) By no later than July 30, 2026, the department shall issue guidance to county welfare departments and juvenile probation departments with information to support best practices for encouraging nonminor dependents to file state and federal income tax returns and to access the state foster youth tax credit, as described in Section 17052.2 of the Revenue and Taxation Code. (2) This guidance shall be updated as needed and reissued no less than every two years thereafter. (3) The guidance issued pursuant to this subdivision shall include, but not be limited to, all of the following: (A) The eligibility requirements for the foster youth tax credit and the maximum foster youth tax credit available pursuant to Section 17502.2 of the Revenue and Taxation Code. (B) An advisement of the county responsibilities described in subdivision (c). (C) Outreach strategies to increase awareness among nonminor dependents and former foster youth about the foster youth tax credit. (D) Resources from the Internal Revenue Service internet website for identifying local Volunteer Income Tax Assistance providers. (E) Any promising strategies developed by individual counties to communicate with the eligible population about resources available to assist them with tax filing, including county-hosted workshops for foster youth to educate and assist them with filing their taxes, in partnership with a local Volunteer Income Tax Assistance internet website by the Internal Revenue Service or community-based organizations. (F) Identification of resources available through nonprofit organizations for improving knowledge about the foster youth tax credit. (G) Identification of resources available through other state agencies to aid with communication or disseminating the information described in subparagraph (A) and subparagraphs (C) to (F), inclusive. (c) (1) The county welfare department and juvenile probation department shall annually send by mail to every nonminor dependent information about filing state and federal income tax returns and the foster youth tax credit. (2) The mailing pursuant to this subdivision shall occur between November 1 and January 31, inclusive, of each year. (3) The mailing pursuant to this subdivision shall include, but not be limited to, all of the following information: (A) Eligibility requirements for the foster youth tax credit pursuant to subdivision (c) of Section 17052.2 of the Revenue and Taxation Code. (B) The maximum amount of the foster youth tax credit for the forthcoming tax season pursuant to paragraph (2) of subdivision (a) of Section 17052.2 of the Revenue and Taxation Code. (C) An advisement that the nonminor dependent may be eligible for other tax credits, including, but not limited to, state and federal earned income tax credits, the federal Child Tax Credit and state Young Child Tax Credit, the federal Child and Dependent Care Credit and state Child and Dependent Care Expenses Credit, the federal American Opportunity Tax Credit, the federal Lifetime Learning Credit, and the state Renters’ Credit. (D) The location of and how to set up an appointment with or otherwise receive services from local Volunteer Income Tax Assistance internet websites certified by the Internal Revenue Service within the county where the nonminor dependent resides, or, if none are available, those located in nearby counties, and any workshops, as described in subparagraph (E) of paragraph (3) of subdivision (b). (E) Resources to assist the nonminor dependent with self-filing federal and state tax returns at no cost. (Added by Stats. 2025, Ch. 230, Sec. 1. (SB 624) Effective January 1, 2026.)
  44. 10618.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department may use specified funds to contract for data tracking, program evaluation, and technical assistance, must report annually to the Legislature, and may waive or modify certain department program requirements for tribal compatibility, with limits and exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10618.8. (a) Utilizing no more than ten million five hundred thousand dollars ($10,500,000) of the combined one-time funds appropriated in the Budget Act of 2021 and the Budget Act of 2022 for the purposes of the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3), the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3), the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4), and the Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6), the department may contract with one or more vendors for the purpose of establishing a system to collect data and track outcomes, and may, in consultation with the Legislature, the County Welfare Directors Association of California, advocates for clients, and housing and homelessness stakeholders, contract with one or more independent evaluation and research agencies to evaluate the impacts of each of these programs, which may include, but are not limited to, all of the following: (1) Outcomes for recipients, including achievement of housing stability. (2) Demographic information about recipients. (3) The likelihood of future homelessness and housing instability among recipients. (4) Program costs and benefits. (b) Program evaluation efforts described in subdivision (a) shall complement evaluation efforts specified in subdivision (g) of Section 15771. (c) Utilizing no more than ten million five hundred thousand dollars ($10,500,000) of the one-time funds appropriated in the Budget Act of 2021, and no more than ten million five hundred thousand dollars ($10,500,000) of the one-time funds appropriated in the Budget Act of 2022 in a manner consistent with the purpose of this subdivision, for the purposes of the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3), the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3), the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4), and the Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6), the department may, in consultation with the Legislature, County Welfare Directors Association of California, advocates for clients, and housing and homelessness stakeholders, contract with one or more entities to provide technical assistance for each of these programs, which may include, but is not limited to, all of the following: (1) Implementing and administering programs that incorporate evidence-based and emerging promising practices in homeless assistance and homelessness prevention that support the advancement of racial equity. (2) Scaling housing navigation and location services. (3) Coordination and integration between the social services department, homelessness system of care, and health systems. (4) Streamlining administrative efficiencies. (5) Data collection and reporting, outcomes monitoring, and continuous quality improvement. (d) On or before February 1 of each year, the department shall report annually to the Legislature, in accordance with Section 9795 of the Government Code, on all of the following: (1) Detailed information on the dollar amounts and entities for contracts entered into and other activities funded pursuant to the amounts authorized in subdivisions (a), (b), and (c). (2) Data regarding implementation for each of the programs specified in subdivision (a), including all of the following: (A) All actual expenditures against the total appropriations provided, noting funds remaining and expenditure deadlines. If the program is subject to a regional allocation approach, this information shall be provided by region. (B) For the state as a whole and on a regional basis, the number of requests for service, where available, the number of families or individuals approved to receive program services as applicable to each program, and net expenditures. For the Community Care Expansion Program (Chapter 20 (commencing with Section 18999.97) of Part 6), the department shall report the number of awards funded, the amount of these awards, the number of proposed beds to be expanded through the expansion component of the program, and the number of existing beds to be preserved through the preservation component of the program. (C) For the state as a whole and on a regional basis, the housing status of families or individuals, as applicable to each program, at exit from the program, including those who exit to permanent housing, temporary housing, homelessness, unknown, or other exit destinations, including institutions, as available by program. (D) For the state as a whole and on a regional basis, the relevant information reported to the department historically across at least the previous seven fiscal years to ascertain and display trend data reported pursuant to subparagraphs (B) and (C). For programs that have not been operational for at least seven years, the historical information shall be provided for as long as relevant program data was being reported to the department. (E) Trend information across California, even if informal and by observation, about the increasing or decreasing of housing and homelessness needs for families, adults with disabilities, and older adults. (e) For purposes of subdivision (d), “regional” and “regional basis” shall, at a minimum, include information about all of the following: (1) County of Los Angeles. (2) Bay area: Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. (3) Southern California: Counties of Imperial, Orange, Riverside, San Bernardino, San Diego, and Ventura. (4) San Joaquin Valley: Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. (5) Sacramento area: Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba. (6) Central coast: Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz. (7) Balance of the state: Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, and Tuolumne. (f) For purposes of implementing this section, contracts entered into or amended shall be exempt from all of the following: (1) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code. (2) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (3) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and the State Contracting Manual. (4) Notwithstanding Section 11546 of the Government Code, from the review or approval of any division of the Department of Technology, upon approval from the Department of Finance. (5) From the review or approval of any division of the Department of General Services. (g) (1) If any provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation of, would fail to satisfy, or would create inconsistencies with, program requirements for the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3), the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3), the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4), the Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6), or the Community Care Expansion Program (Chapter 20 (commencing with Section 18999.97) of Part 6), any regulatory or other program requirement set forth by the department may be modified or waived, at the discretion of the department, as necessary to ensure program compatibility or to avoid an unnecessary administrative burden on tribes. (2) Paragraph (1) shall not be applied or interpreted to permit the modification or waiver of any federal regulation or statute. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific paragraph (1) without taking any regulatory action. (Amended by Stats. 2023, Ch. 43, Sec. 34. (AB 120) Effective July 10, 2023.)
  45. 10618.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Counties in the listed housing-support programs must have public written policies, run complaint processes, give notices and written housing plans, and meet deadlines for decisions and hearings; the department must issue guidance and set criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10618.9. (a) The Legislature finds and declares that the procedure described in this section is sufficient to meet any applicable due process requirements for the programs described in this section. Furthermore, for the purposes of those programs, it is the intent of the Legislature to promote the fair and expeditious resolution of disputes through the creation of complaint resolution processes and to establish minimum standards for the development of individualized written housing plans. (b) (1) Counties opting to participate in any of the following programs shall have written program policies and make them available to the public, including on the internet website of the county, and implement and conduct county-level complaint resolution processes according to minimum requirements developed by the department: (A) The CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3). (B) The Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3). (C) The Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4). (D) The Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6). (2) The minimum requirements developed by the department pursuant to paragraph (1) shall include all of the following elements: (A) A statewide standardized notice informing applicants for, and recipients of, the programs of the county-level complaint resolution process and state hearings process pursuant to subdivision (c), including all associated timelines, the right to submit a complaint within 30 calendar days from the date of the county action that gave rise to the complaint, and what constitutes good cause, as defined by future guidance to be developed by the department, for submitting a complaint after 30 calendar days. This information shall be provided in writing at the time of enrollment and discontinuance from the program, and shall meet all language and accessibility requirements, as prescribed by the department. The statewide standardized notice, which may be modified by counties to reflect their county-level complaint resolution process, shall be developed in consultation with stakeholders, including advocates for program applicants and recipients, representatives of labor organizations, the County Welfare Directors Association of California (CWDA), and legislative staff. (B) An objective decisionmaker who is a neutral person not directly involved in the county action that gave rise to the complaint and who has knowledge of the program’s written policies, the program requirements, and departmental guidance. (C) The right for any party to the complaint to present information in support of the complaint. Any party to the complaint shall also have the right to request a meeting to present information in person, by phone, or virtually, and to be represented by someone of their choosing. The meeting shall be held within 30 calendar days of receipt of a complaint. (D) A written decision describing the outcome of the complaint, including information about the complaint, the date of the decision, the basis of the county’s decision, including the relevant policies, laws, and facts, county contact information for any questions about the decision, and notice of the right to appeal the decision to a state hearing pursuant to subdivision (c). The decision shall be issued within the following timelines: (i) If no meeting is requested, a written decision shall be issued by the county no later than 30 calendar days following receipt of a complaint. (ii) If a meeting is requested, a written decision shall be issued within 15 working days from the date of the meeting. (E) Any other criteria or clarifying guidance determined by the department, in collaboration with CWDA, counties, and advocates for program applicants and recipients. (3) The department shall develop program guidance on a procedure for counties to inform recipients in writing of housing-related services and financial assistance being provided to the recipient, which shall include advance notice when housing-related services or financial assistance will be reduced or discontinued, and which may include electronic copies. This guidance shall include, at a minimum, all of the following elements: (A) Counties shall provide recipients with an individualized written housing plan that shall meet all of the following requirements: (i) Be developed by the county in coordination with the recipient, when possible, and consistent with Housing First requirements specified in Section 8255, to meet the recipient’s specified housing-related goals. (ii) Describe the housing-related services and financial assistance being provided to a recipient and specify the start and expiration dates, as applicable, within the plan. (iii) Be provided to the recipient upon enrollment and updated when the recipient’s housing-related services or financial assistance change and as specified by the department. (B) If the recurring housing-related services or financial assistance described in a current written housing plan will be reduced or discontinued before its planned expiration date stated in the plan, the county shall provide the recipient with an updated housing plan before the reduction or discontinuance is effective that explains why the change is being made and when the change will take effect. The updated housing plan shall include accessible and easily understandable information about possible alternative and available housing supports and services. (C) A formal process for discontinuing a recipient from a program that includes providing the recipient with a written description of the reason for the discontinuance and when it will occur. (D) The county shall document in an updated written housing plan provided to the recipient when the reduction or discontinuance of housing-related services or financial assistance is a result of the county closing the program, including closure or caseload reduction due to insufficient program funding. (E) Any other criteria or clarifying guidance determined by the department in collaboration with CWDA, counties, and advocates for program applicants and recipients. (4) A county participating in a program shall amend existing processes for those programs to satisfy the minimum requirements developed by the department pursuant to this subdivision if the existing processes do not meet the minimum requirements. If the county does not have existing processes for those programs, the county shall adopt processes for those programs that satisfy the minimum requirements developed by the department pursuant to this subdivision. (c) If a recipient is dissatisfied with a decision issued pursuant to subparagraph (D) of paragraph (2) of subdivision (b), or if the county fails to provide a county complaint process or timely issue a decision as set forth in paragraph (2) of subdivision (b), the recipient shall have the right to file a request within 30 calendar days with the department for a state administrative hearing conducted by an administrative law judge for county actions resulting in a reduction or discontinuance of housing-related services or financial assistance, including discontinuance from a program, subject to all of the following: (1) (A) An administrative hearing decision may determine that a county action is correct or incorrect. (B) If a county action for discontinuance from a program is determined incorrect, the decision shall order the county to reenroll the recipient into the program, subject to the availability of funds for that program. (C) If a county action for reduction or discontinuance of housing-related services or financial assistance is determined incorrect, the decision shall either order the county to continue to provide the housing-related services or financial assistance, as stated in the previous housing plan in effect immediately prior to the proposed county action for reduction or discontinuance of housing-related services or financial assistance that gave rise to the complaint, or order the county to reevaluate the housing-related services or financial assistance provided to the recipient when the previous housing plan no longer suits the needs of the recipient or if the housing-related services or financial assistance is no longer available within the county program, subject to guidance from the department and the availability of funds for that program. (D) The county shall carry out all orders in accordance with its written policies, the program requirements, and departmental guidance. The county shall notify the recipient and state hearings upon complying with the decision as set forth in Section 22-071.1 (h) and 22-078.2 of Chapter 22-000 of Division 22 of the State Department of Social Services Manual of Policies and Procedures. (2) (A) An administrative hearing decision may determine that the county failed to provide a county-level complaint resolution process, as required by paragraph (2) of subdivision (b), or that the county failed to issue a timely decision, as required by subparagraph (D) of paragraph (2) of subdivision (b). (B) If an administrative hearing decision finds that the county failed to issue a timely decision, as required by subparagraph (D) of paragraph (2) of subdivision (b), the decision shall order the county to issue a decision within 15 calendar days. (C) If an administrative hearing decision finds that the county failed to provide a county-level complaint resolution process, the administrative law judge shall render a decision consistent with this section and guidance issued by the department. (3) (A) For any program specified under paragraph (1) of subdivision (b), a county shall notify the department in writing at least 30 calendar days in advance of programwide caseload reductions due to insufficient funding, and of any temporary or permanent interruption or end to a program’s services and operations, for any reason, including fully spending the given allocation. (B) There shall be no right to an administrative hearing for county actions if the county has provided notice to the recipients that their housing-related services or financial assistance will be reduced or discontinued, as set forth in paragraph (3) of subdivision (b), in the following circumstances: (i) The program under which the recipient is receiving housing-related services or financial assistance has closed or is closing permanently or temporarily, and the county has provided notice to the department, as required by subparagraph (A). (ii) A county determination to reduce its program caseload due to insufficient funding. (iii) For temporary program reductions or suspensions to program operations due to unexpected and extenuating circumstances that are publicly disclosed, including on the internet website of the county, and approved by the department. (4) In the event that program funding is depleted, as defined by department guidance, or the program closes while an administrative hearing is pending, and the administrative law judge is made aware that the funding has been depleted or the program has closed, the matter shall be administratively dismissed without a hearing. (5) Local assistance funds shall be used to implement this subdivision if an appropriation for administrative resources for the purpose of implementing this subdivision is not provided by the Legislature, subject to all of the following: (A) The department shall prioritize any available funding for state set asides from local assistance allocations, or other available state administrative funding, such as for evaluation or training, appropriated prior to the Budget Act of 2025 for the purpose of implementing this subdivision. (B) To the extent additional state operation funds are needed, any local assistance funds specifically set aside for state administrative costs for the program, pursuant to and consistent with Provisions 14, 15, and 16 of Item 5180-151-0001 of the Budget Act of 2025, may be used to implement this subdivision. (C) During the first fiscal year that this subdivision is implemented, at least nine hundred fifty one thousand dollars ($951,000) in local assistance funds set aside for state administrative costs shall be available for this purpose. The department shall notify CWDA and advocates for program applicants and recipients on any updated estimates for state operations funding needed for implementing this subdivision in a future fiscal year. Any changes to local assistance funds needed for implementing this subdivision in a future fiscal year shall be reported to the Legislature. (D) Commencing February 1, 2028, and each year thereafter, the department shall report to the Legislature on the counties’ cost of implementing county-level complaint resolution processes and participating in state hearings. The reporting process shall be developed by the department in consultation with CWDA, and shall include, but not be limited to, the number of county-level complaints, the number of state hearing requests, and the number of cases which proceeded to state hearings when available. (E) Following the first fiscal year of implementation, to the extent state operations funding is needed for continued implementation of this subdivision, and if there is no separate appropriation for administrative purposes, set aside funds from appropriations for the CalWORKs Housing Support Program and Housing and Disability Income Advocacy Program, and, if applicable, future appropriations for the Home Safe Program and Bringing Families Home Program, may be used to implement this subdivision. The total combined amount of these set aside funds to be used for this purpose may not exceed 1 percent of the total combined amount of the appropriated funds for these four programs in a given fiscal year. (d) (1) The department shall establish criteria for recipients to receive housing-related services and financial assistance pending the resolution of a complaint pursuant to subdivision (b) and a state hearing pursuant to subdivision (c), in consultation with CWDA and advocates for program applicants and recipients. (2) Assistance pending shall mean the continuation of housing-related services and financial assistance, as described in the recipient’s housing plan that was in effect immediately prior to a proposed county action for reduction or discontinuance of assistance that gave rise to the complaint prior to the expiration of that housing plan. (3) Financial assistance provided under this subdivision shall include recurring housing-related direct financial assistance provided to, or on behalf of, a recipient, including, but not limited to, rental assistance, utility payments, or other recurring payments consistent with program requirements and departmental guidance. (4) Housing-related services that may be provided under this subdivision include, but are not limited to, housing navigation, credit repair support, ongoing housing education, case management, and legal services. (5) The department shall establish criteria for collecting overpayments for financial assistance only, in the event that the county action reducing or discontinuing the financial assistance is determined correct pursuant to subdivision (b) or (c). The criteria, at a minimum, shall include both of the following provisions: (A) There shall be no collection of overpayments for services rendered. (B) The county shall waive overpayment collections when the collection will create an exceptional burden to the recipient, and for other good cause, as determined by further guidance issued by the department, in consultation with CWDA and advocates for applicants and recipients. (e) The department shall issue guidance to counties to implement subdivisions (b), (c) and (d) no later than 18 months after the effective date of this section. The county shall then implement the guidance within six months of the department’s issuance of guidance. The right to file a request for an administrative hearing and the right to receive assistance pending shall become operative on the date the department notifies the Legislature that the department and counties have finalized the implementation of that guidance. (f) Notwithstanding any other law, the processes described in subdivisions (b) and (c) shall be the sole administrative remedies available to any applicant for, or recipient of, the programs. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar written instructions shall have the same force and effect as regulations. (h) The department shall consult with CWDA, counties, and advocates for program applicants and recipients on the development of the processes described in subdivisions (b), (c) and (d). (i) Subject to paragraph (5) of subdivision (c), funds appropriated for the programs shall be available to the department to administer this section. Funds appropriated for the programs shall also be available to counties participating in those programs to administer this section. (j) “Program” or “Programs” means the programs described in paragraph (1) of subdivision (b). (Added by Stats. 2025, Ch. 107, Sec. 1. (SB 146) Effective September 17, 2025.)
  46. 10619.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    A public agency must carry out affected program functions only through its merit civil service employees, unless other state or federal law in effect on August 21, 1996 allows otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10619. A public agency shall, in implementing programs affected by the act adding this section to the Welfare and Institutions Code, perform program functions exclusively through the use of merit civil service employees of the public agency, except to the extent permitted by provisions of state and federal law governing the affected program that were in effect on August 21, 1996. (Added by Stats. 1997, Ch. 270, Sec. 35. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  47. 10620.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

    Verify source ↗

    The Legislature states that many people in California are deaf or hard of hearing and that basic government services are not routinely adapted to their communication needs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10620. The Legislature finds that over 1.5 million persons in California are deaf or are significantly hard of hearing. Basic governmental services are not routinely adapted to meet the communication needs of deaf and hard-of-hearing persons and, therefore, the services they receive may be less than those provided to other persons because of the overwhelming communication problems which exist between service agencies and deaf and hard-of-hearing persons. (Amended by Stats. 2016, Ch. 94, Sec. 29. (AB 1709) Effective January 1, 2017.)
  48. 10621.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

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    Public social services for deaf and hard-of-hearing persons must include specified support services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10621. Public social services for the deaf and hard of hearing shall include, but not be limited to, the following services: (a) Complete communication services through interpreter services by a professional interpreter for the deaf possessing the comprehensive skills certification of the national Registry of Interpreters for the Deaf or the equivalent, teletypewriter relay, and, when necessary, training in communication skills. (b) Advocacy to ensure deaf and hard-of-hearing persons receive equal access to public and private services. (c) Job development and job placement. (d) Information and referral. (e) Counseling, including peer counseling. (f) Independent living skills instruction. (g) Community education about deafness and being hard of hearing. (Amended by Stats. 2017, Ch. 561, Sec. 279. (AB 1516) Effective January 1, 2018.)
  49. 10622.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

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    Public social services for deaf and hard-of-hearing persons must be available in at least three regions across the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10622. Public social services for the deaf and hard of hearing shall be available in at least three regions throughout the state so that deaf and hard-of-hearing persons are able to secure public social services within a reasonable commuting distance. Deaf and hard-of-hearing persons, residing in urban, suburban, and rural areas, shall be served. (Amended by Stats. 2016, Ch. 94, Sec. 31. (AB 1709) Effective January 1, 2017.)
  50. 10623.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

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    Public agencies and private nonprofit corporations in a region may provide the Section 10621 public social services themselves or through agreements with other public agencies or nonprofits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10623. Public agencies or private nonprofit corporations or a combination thereof in a region may provide the public social services listed in Section 10621 directly or through agreements with other public agencies or private nonprofit corporations. (Added by Stats. 1980, Ch. 1193, Sec. 2.)
  51. 10624.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

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    The department must set funding criteria for public social services for deaf and hard-of-hearing people, using advice from knowledgeable persons.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10624. (a) The department, with the advice of persons knowledgeable about the provision of public social services to deaf and hard-of-hearing persons, shall establish the criteria for funding public social services for the deaf and hard of hearing. (b) The criteria shall include, but shall not be limited to, demonstrated need for services, ability to provide services in a deaf or hard-of-hearing person’s preferred mode of communication, ability to secure community support, including written endorsements of local officials and organizations, including organizations of and for the deaf and hard of hearing, and funding from one or more public or private sources. Special consideration shall be given to the extent to which deaf and hard-of-hearing persons are included in the agency’s staff and in the case of a private nonprofit corporation on the board of directors. (Amended by Stats. 2016, Ch. 94, Sec. 32. (AB 1709) Effective January 1, 2017.)
  52. 10625.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

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    The department must carry out several public social services administration tasks, including setting regional boundaries, coordinating with Rehabilitation, establishing accounting and grant procedures, issuing proposals or applications, defining deafness-related terms by regulation, and auditing contracts or grants when needed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10625. The department shall do all of the following: (a) Determine the number and location of regions of the state providing public social services. (b) Coordinate the provision of services with the Department of Rehabilitation. (c) Establish uniform accounting procedures and contracts or grant agreements for use with regard to this chapter. (d) Promulgate requests for proposals or applications and conduct bidders’ conferences, if applicable. (e) Establish by regulation the definitions of deafness and significantly hard of hearing. (f) Conduct a management or fiscal audit of any contract or grant whenever it is necessary for proper supervision of a contract or grant. (Amended by Stats. 2023, Ch. 43, Sec. 35. (AB 120) Effective July 10, 2023.)
  53. 10626.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

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    The department must contract with or award grants to public agencies or private nonprofit corporations for this chapter, using competitive bidding, limiting each term to five years, and running a timely new competition before each term ends. Private nonprofit corporations must also provide a complete CPA-prepared financial statement before renewal or a new award.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10626. (a) The department shall contract with, or award grants to, public agencies or private nonprofit corporations for purposes of this chapter. Those contracts or grants shall be competitively bid pursuant to a request for proposals or applications, either statewide or by specific region or regions. Each contract or grant shall have a term not to exceed five years. Before the end of each contract or grant term, the department shall conduct a timely competitive request for proposals or applications that allows sufficient time for execution of a subsequent contract or grant to avoid a lapse in services. (b) Notwithstanding any other law, contracts necessary pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (c) A private nonprofit corporation shall submit a complete financial statement for its most recent fiscal year as prepared by a certified public accountant prior to a renewal or new award of a contract or grant. (Amended by Stats. 2023, Ch. 43, Sec. 36. (AB 120) Effective July 10, 2023.)
  54. 10626.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

    Verify source ↗

    Certain providers may charge fees for public social services, must account for program income, and must remit unspent program income if a contract or grant is canceled or not renewed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10626.5. (a) A public agency or nonprofit corporation, or a combination thereof, providing the public social services listed in Section 10621, may charge a fee to all public and private agencies when providing public social services to those agencies. The charge shall be based on a standard schedule of fees established and maintained by the service provider. The amount charged shall equal the sum of all costs, direct and indirect, for providing the public social services listed in Section 10621. This fee shall be referred to as program income. (b) The purpose of program income shall be for either (1) expanding, or (2) continuing the provision of public social services as listed in Section 10621, irrespective of the state fiscal year in which the program income was earned or collected. In the event of cancellation or nonrenewal of a contract or grant, all program income not expended shall be remitted to the department. (c) Except as otherwise provided by law, all program income received shall be accounted for to the State Department of Social Services at the close of each fiscal year, or more frequently if required by the State Department of Social Services, or the Department of Finance, in such form as prescribed. It is the intent of the Legislature to allow prior collected funds currently in the possession of the service providers to be expended on the provision of the public social services as listed in Section 10621. (Amended by Stats. 2023, Ch. 43, Sec. 37. (AB 120) Effective July 10, 2023.)
  55. 10629.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. )

    Verify source ↗

    The State Department of Social Services may not spend more than 5% of this chapter’s appropriation on administrative costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.1. Public Social Services for Deaf Persons [10620 - 10629] ( Chapter 2.1 added by Stats. 1980, Ch. 1193, Sec. 2. ) ## 10629. The State Department of Social Services shall not expend over 5 percent of the sum appropriated for this chapter for the administrative costs of this chapter. (Added by Stats. 1980, Ch. 1193, Sec. 2.)
  56. 10650.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    The Secretary of the Health and Welfare Agency has power to direct, supervise, and coordinate related state department services to help prevent people and families from becoming or staying public assistance recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10650. It is hereby declared that the solution and prevention of individuals and families who could otherwise be productive and self-supporting members of society from becoming or remaining public assistance recipients is a matter of statewide concern. The Secretary of the Health and Welfare Agency shall have full power to direct, supervise, and coordinate all services provided by the state departments of the Health and Welfare Agency which relate to this matter, as necessary to achieve the purposes of this chapter. (Amended by Stats. 1973, Ch. 1212.)
  57. 10651.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    This chapter states its purposes: to reduce poverty and dependency by focusing on training, rehabilitation, and employment for public assistance recipients, and to coordinate related state services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10651. The purposes of this chapter are as follows: (a) To combat poverty and reduce dependency by placing special attention and emphasis on the training, rehabilitation, and employment of present and potential recipients of public assistance and to prevent their future unemployment; (b) To combine and coordinate all state services and programs relating to vocational education, vocational rehabilitation, and employment for public assistance recipients; (c) To avoid duplication and fragmentation of training, rehabilitation, and employment services, and provide the most effective services possible, on behalf of public assistance recipients. (Added by Stats. 1967, Ch. 1457.)
  58. 10652.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    The department and the State Department of Rehabilitation must work together to select eligible public assistance recipients for rehabilitation services and make a statewide agreement to carry out this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10652. The department and the State Department of Rehabilitation, acting jointly, shall select public assistance recipients who qualify under either federal or state vocational rehabilitation laws, or both, as being in need of, and being able to benefit from, rehabilitation services pursuant to this chapter. The two departments shall enter into a statewide agreement for the purpose of implementing the provisions of this section. Any agreement entered into by the two departments pursuant to this section shall include plans which provide for the most effective use of all federal funds available to the two departments. Such plans may include budgetary transfers, subject to authorization of the Director of Finance, when such transfer will result in increased funds available for vocational rehabilitation services for public assistance recipients, and for former and potential recipients. All increased funds made available as a result of the implementation of agreements and plans made pursuant to this section, shall be used exclusively to provide vocational rehabilitation service for current, former, or potential public assistance recipients. (Amended by Stats. 1977, Ch. 1252.)
  59. 10653.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    The county department must select some public assistance recipients for training and employment-preparation programs and provide coordinating services that support those programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10653. The county department shall be responsible for the initial selection of public assistance recipients who are to participate in training, vocational educational programs, or other employment preparation programs that are developed pursuant to the provisions of this chapter. The county department shall have primary responsibility for providing those services which will prepare recipients for the specific vocational training and employment placement services offered by the Employment Development Department, the Department of Rehabilitation, the Department of Education, and any other state or federal agencies offering specialized programs to upgrade the capacity of recipients and potential recipients to improve their capacity for self-support or self-direction. The services provided by the county department shall be geared to complement those services offered by state and federal agencies to the end that recipients of public assistance receive and participate in the programs to the fullest extent of their capacity. (Amended by Stats. 1981, Ch. 714, Sec. 473.)
  60. 10654.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    The State Department of Education’s Division of Vocational Education is responsible for educating and training public assistance recipients, and the Health and Welfare Agency and Employment Development Department must coordinate on vocational programs when those programs would substantially improve recipients’ self-support or self-direction.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10654. The Division of Vocational Education of the State Department of Education shall have primary responsibility for the education and training of public assistance recipients. The Secretary of the Health and Welfare Agency shall through the Employment Development Department work with the State Department of Education to develop vocational education programs which will meet the particular requirements and needs of recipients of public assistance whenever it is determined that such special programs will substantially improve such recipients’ capacity to achieve self-support or self-direction. The Employment Development Department shall determine the kinds, quality, and number of persons requiring such education. (Amended by Stats. 1978, Ch. 380.)
  61. 10655.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    The Employment Development Department has primary responsibility for employment placement services for public assistance recipients, and county departments may also refer or contract with private employment agencies subject to limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10655. The Employment Development Department shall have primary responsibility for placement and other employment services for public assistance recipients; provided, however, that a county department may refer a public assistance recipient to a private employment agency at the same time the recipient is referred to the Employment Development Department. For the purposes of this section, a county department is authorized to enter into contracts with any private employment agencies under such terms and conditions and for such rates as the county department deems reasonable; provided, that once a public assistance recipient has been placed in employment by such an agency, a county department may not contract again with a private employment agency for placement of that recipient within six months of the original date of placement. No referral or contract authorized under this section shall result in the recipient’s paying any fee, part of wages or other charges to the county department or private employment agency for such services. (Amended by Stats. 1978, Ch. 380.)
  62. 10656.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. )

    Verify source ↗

    This chapter must be implemented only to the extent that funds are available for that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2.5. Rehabilitation and Employment Coordination [10650 - 10656] ( Chapter 2.5 added by Stats. 1967, Ch. 1457. ) ## 10656. The provisions of this chapter shall be implemented to the full extent of funds available for such purposes. (Added by Stats. 1967, Ch. 1457.)
  63. 107.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

    Verify source ↗

    Certain agencies and licensed/health/public safety entities must let a CASA inspect and copy child-related records if the CASA presents the appointment order, there is a specific court order, and the rules of evidence are followed.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 107. (a) Except as provided in subdivision (b), upon presentation of the order of his or her appointment by the CASA, and upon specific court order and consistent with the rules of evidence, any agency, hospital, school, organization, division or department of the state, physician and surgeon, nurse, other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the CASA to inspect and copy any records relating to the child involved in the case of appointment without the consent of the child or parents. (b) Subdivision (a) does not apply to the records of or pertaining to a nonminor dependent. The CASA may have access to those records only with the explicit written and informed consent of the nonminor dependent. (Amended by Stats. 2012, Ch. 846, Sec. 10. (AB 1712) Effective January 1, 2013.)
  64. 10720.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section defines “department” as the State Department of Health Services and “director” as the State Director 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 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10720. As used in this chapter, “department” means the State Department of Health Services, and “director” means the State Director of Health Services. (Added by Stats. 1977, Ch. 1252.)
  65. 10721.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director must administer specified health care and medical assistance laws, perform other duties required by law, and report on conditions to the Secretary of Health and Welfare and the Governor.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10721. The director shall administer Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of this division and any other law pertaining to the administration of health care services and medical assistance. He shall perform such other duties as may be prescribed by law and shall observe and report to the Secretary of Health and Welfare and the Governor on the condition of health care services and medical assistance throughout the state (Added by Stats. 1977, Ch. 1252.)
  66. 10722.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section transfers specified health administration duties and functions to 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 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10722. The State Department of Health Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Health or the State Department of Benefit Payments pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), Chapter 8.5 (commencing with Section 14500), and Chapter 8.7 (commencing with Section 14520) of this part on the date immediately prior to the date this section becomes operative. Functions transferred pursuant to this section include the management and administration of the Health Care Deposit Fund and the audit and recovery of amounts due as the result of payments made under the California Medical Assistance Program (Medi-Cal). Transfer to the State Department of Health Services of the above functions shall not impair any contract between the State Department of Health or the State Department of Benefit Payments and any third party and such transfer shall neither create nor vest any right or obligation in either party. In no case shall the substitution of the State Department of Health Services for the State Department of Health or the State Department of Benefit Payments be considered a breach of contract or failure of performance, nor shall it disturb the legal relationships of the parties. (Amended by Stats. 1978, Ch. 432.)
  67. 10723.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The State Department of Health Services has control of certain records, property, funds, and related assets.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10723. The State Department of Health Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the Director of Health or the Director of Benefit Payments in the performance of his duties, powers, purposes, responsibilities, and jurisdiction that are vested in the State Department of Health Services by Section 10722. (Added by Stats. 1977, Ch. 1252.)
  68. 10724.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Certain officers and employees must be transferred to the State Department of Health Services, and their status, positions, and rights must be preserved except for positions exempt from civil service.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10724. All officers and employees of the Director of Health and the Director of Benefit Payments who on the operative date of this section are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the State Department of Health Services by Section 10722 shall be transferred to the State Department of Health Services. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the State Department of Health Services pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Added by Stats. 1977, Ch. 1252.)
  69. 10725.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The director may adopt general regulations, orders, and standards to carry out the department’s law, and a designee may also use that authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10725. The director may adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the department, and those regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Regulations relating to services need not be printed in the California Code of Regulations or the California Regulatory Notice Register if they are included in the publications of the department. This authority also may be exercised by the director’s designee. In adopting regulations the director shall strive for clarity of language that may be readily understood by those administering services or subject to those regulations. The rules of the department need not specify or include the detail of forms, reports, or records, but shall include the essential authority by which any person, agency, organization, association, or institution subject to the supervision or investigation of the department is required to use, submit, or maintain those forms, reports, or records. (Amended by Stats. 2014, Ch. 442, Sec. 21. (SB 1465) Effective September 18, 2014.)
  70. 10726.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    Certain existing regulations stay in force and remain enforceable unless the State Director of Health Services readopts, amends, or repeals them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10726. All regulations heretofore adopted by the Director of the State Department of Benefit Payments which relate to payment, accounting, auditing and collection functions vested in the State Department of Health Services, or by the State Department of Health or any predecessor department which relate to health care services or medical assistance functions vested in the State Department of Health Services, and which are in effect immediately preceding the operative date of this section, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the State Director of Health Services. (Amended by Stats. 1978, Ch. 429.)
  71. 10727.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    For Health and Safety Code, this code, and related regulations, “children’s hospital” means one of the listed hospitals after June 1, 1996, unless otherwise provided by law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10727. Except as otherwise provided by law, for purposes of the Health and Safety Code and this code, and any regulations adopted thereunder, after June 1, 1996, “children’s hospital” means any of the following hospitals: (a) Valley Children’s Hospital, Madera. (b) Miller Children’s Hospital, Long Beach. (c) Childrens Hospital Los Angeles, Los Angeles. (d) Children’s Hospital Medical Center of Northern California, Oakland. (e) Children’s Hospital of Orange County. (f) Lucile Salter Packard Children’s Hospital at Stanford, Palo Alto. (g) Children’s Hospital and Health Center, San Diego. (h) Loma Linda University Children’s Hospital, Loma Linda. (Amended by Stats. 2001, Ch. 290, Sec. 2. Effective January 1, 2002.)
  72. 10728.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    This section defines “University of California children’s hospital” and limits use of the term “children’s hospital” to certain university-related purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10720 - 10728] ( Article 1 added by Stats. 1977, Ch. 1252. ) ## 10728. (a) Except as otherwise provided by law, for purposes of this code and the Health and Safety Code, and any regulations adopted thereunder, “University of California children’s hospital” means each of the University of California children’s programs within the five University of California academic medical center campuses. (b) This section is not intended to preclude participation by other entities in funding that would benefit children’s health care programs. (c) For purposes of this section, the term “children’s hospital” may be used for signage, marketing, community service, and other university communication and philanthropic purposes only. (d) Nothing in this section shall affect eligibility for any existing state funded health care programs. (Added by Stats. 2001, Ch. 290, Sec. 3. Effective January 1, 2002.)
  73. 10740.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    The State Department of Health Services is the single state agency with full power to supervise administration of certain health care services and medical assistance programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10740. It is hereby declared that provision for health care services and medical assistance in this code is a matter of statewide concern. The State Department of Health Services is hereby designated as the single state agency with full power to supervise every phase of the administration of health care services and medical assistance for which grants-in-aid are received from the United States government or made by the state in order to secure full compliance with the applicable provisions of state and federal laws. (Amended by Stats. 2001, Ch. 745, Sec. 240. Effective October 12, 2001.)
  74. 10741.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must investigate, examine, and report on public officers responsible for administering public funds used for health care services and medical assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10741. The department shall investigate, examine and make reports upon the public officers who are in any way responsible for the administration of public funds used for health care services and medical assistance. (Added by Stats. 1977, Ch. 1252.)
  75. 10742.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must advise public officers and supervise the administration of health care services and medical assistance statewide.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10742. The department shall advise public officers regarding the administration of health care services and medical assistance by public agencies throughout the state, and shall supervise the administration of such services and assistance to all persons receiving or eligible to receive such services and assistance. (Added by Stats. 1977, Ch. 1252.)
  76. 10743.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    When administering certain welfare funds, the department must issue regulations that set statewide standards for state or federally assisted health care services or medical assistance programs, and those regulations must not conflict with the law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10743. In administering any funds appropriated or made available to the department for disbursement through the counties for welfare purposes, the department shall establish regulations, not in conflict with the law fixing statewide standards for the administration of all state or federally assisted health care services or medical assistance programs. All regulations established by the department shall be binding upon the boards of supervisors and the county department. (Amended by Stats. 1978, Ch. 429.)
  77. 10743.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    If the department seeks a waiver for certain 1995–96 projects, it must notify all counties, counties must notify the department within three working days if they want to participate, and the department must include counties when the required documentation supports inclusion.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10743.5. It is the intent of the Legislature that, if the department seeks a waiver for any experimental, pilot, or demonstration project in the 1995–96 fiscal year pursuant to the authority of Section 1315 of Title 42 of the United States Code that has as one of its objectives the obtaining of additional federal funds for health care services, the department shall notify all counties of its intent to seek a waiver. A county shall notify the department within three working days of its intent to participate in this waiver. The department shall include these counties if the necessary documentation required of the counties supports their inclusion in the waiver request. It is further the intent of the Legislature that the department seek to include as many counties as possible in this request. (Added by Stats. 1995, Ch. 305, Sec. 9. Effective August 3, 1995.)
  78. 10744.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If a county director is substantially out of compliance, the director must give written notice, share it with the board of supervisors, and may escalate to a hearing and sanctions if compliance is not shown.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10744. If the director considers a county director to be failing, in a substantial manner, to comply with any provision of this code or any regulation pertaining to the administration of health care services and medical assistance, he shall put the county director on written notice to that effect, and shall give a copy of the notice to the board of supervisors. If within 60 days the county director fails to give reasonable assurance that he is complying and will continue to comply with the laws and regulations, the director shall order the county to appear at a hearing, before him to show cause why he should not take action to secure compliance. The county shall be given at least 30 days notice of such hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have an opportunity to appear within 10 days at such time and place as may be fixed by the director for the purpose of presenting oral arguments respecting the proposed findings and decision. Thereupon, the director shall make his final findings and decision. If the director determines that there is a failure on the part of the county to comply with the provisions of this code or the established regulations, or if the State Personnel Board certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke any of the following sanctions: (a) Withhold part or all of state and federal funds from such county until the county shall make a showing to the director of compliance; or (b) Assume, temporarily, direct responsibility for the administration of any or all state-aided health care services and medical assistance programs in such county until the county shall provide reasonable assurance to the director of its intention and ability to comply with such laws and regulations. During such period of state administrative responsibility for county programs, the director or his authorized representative shall have all of the powers and responsibilities of the county director, with the exception that he shall not be subject to the authority of the board of supervisors; or (c) Bring an action in mandamus or such other action in court as may be appropriate to compel compliance. Any such action shall be entitled to a preference in setting a date for a hearing. Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law. Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate. (Added by Stats. 1977, Ch. 1252.)
  79. 10745.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must publish and sell its rules and regulations to the public, and provide a paid subscription service for updates.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10745. The department shall cause to be published and made available for sale to the public, at the cost of publishing, all of its rules and regulations relating to: (a) The government of the department. (b) Any form of health care services or medical assistance for which state aid is granted to the counties or over the administration of which the department has supervision. The department shall also provide at cost such subscription service as may be necessary to assure to purchasers of the printed rules and regulations with respect to services prompt receipt of all additions and amendments to the rules and regulations of the department. (Added by Stats. 1977, Ch. 1252.)
  80. 10746.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    If the department publishes public informational pamphlets about public assistance programs, they must be in English and may also be in Spanish.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10746. When the department causes to be published for public distribution informational pamphlets and related materials relating to public assistance programs administered or supervised by the department, they shall be printed in English and may be printed separately in Spanish, or at the discretion of the department, in English and Spanish, in such numbers as the department may determine. (Added by Stats. 1977, Ch. 1252.)
  81. 10747.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    County offices and local or regional department offices must make specified laws, bulletins, and regulations available to the public for inspection during regular office hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10747. Copies of all laws relating to any form of public social service for which state aid is granted to counties, and over the administration of which the department has supervision, and of all bulletins and rules and regulations of the department, shall be made available to the public and for public inspection during regular office hours at each county office administering such aid and in each local or regional office of the department. (Added by Stats. 1977, Ch. 1252.)
  82. 10748.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    The department may work with the federal government on matters within its functions, and related contracts or agreements need approval from the State Department of Finance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10748. The department may act as the agent or representative of or cooperate with the federal government in any matters within the scope of the functions of the department under this division, for the administration of federal funds granted to this state or for any other purpose in furtherance of those functions. Any contract or agreement entered into by the department with the federal government or any agency thereof for the expenditure of any funds in the exercise of any power granted to the department by this section shall be subject to approval by the State Department of Finance. (Added by Stats. 1977, Ch. 1252.)
  83. 10749.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    The department may join associations of social welfare agencies for sharing information about social welfare administration techniques.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10749. The department may join associations of social welfare agencies having as their purpose the interchanging or supplying of information relating to the technique of social welfare administration. (Added by Stats. 1977, Ch. 1252.)
  84. 1075.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. )

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    The Youth Authority must appoint the officers and employees needed at institutions under this chapter and set their pay, in accordance with law.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. ) ## 1075. The Youth Authority shall, in accordance with law, appoint all officers and employees required at the institutions under this chapter, and shall fix their remuneration. (Amended by Stats. 1943, Ch. 481.)
  85. 10750.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    The department may include administration and supervision of health care services and medical assistance within the state, including work as a federal government agent and service agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10750. The functions of the department may include the administration and the supervision of the administration of health care services and medical assistance within this state as an agent of the federal government and acting as a service agency for the federal government in the field of health care services and medical assistance. (Added by Stats. 1977, Ch. 1252.)
  86. 10751.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

    Verify source ↗

    The department must develop a homemaker and home health aide training and employment program, with other agencies cooperating, and the Employment Development Department must handle the training part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10751. The department, with the cooperation of the State Department of Social Services and the Employment Development Department, shall develop a homemaker and home health aid training and employment program for recipients under the Aid to Families with Dependent Children Program for purposes of applying for any available federal funds. The departments shall undertake the program development only if federal legislation making federal funds available is enacted, and upon receiving federal funds, the department shall carry out the program by establishing demonstration projects. The Employment Development Department shall develop and supervise the training part of the program. (Added by Stats. 1979, Ch. 901.)
  87. 10752.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. )

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    The department must notify the Legislature by March 1, 2017 about the fiscal impact on Medi-Cal and the planned reimbursement method for emergency medical air transportation services, working with the Department of Finance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3.5. State Administration of Health Care Services and Medical Assistance [10720 - 10752] ( Chapter 3.5 added by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10740 - 10752] ( Article 2 added by Stats. 1977, Ch. 1252. ) ## 10752. The department shall, by March 1, 2017, in coordination with the Department of Finance, notify the Legislature of the fiscal impact on the Medi-Cal program resulting from, and the planned reimbursement methodology for emergency medical air transportation services after, the termination of penalty assessments pursuant to subdivision (f) of Section 76000.10 of the Government Code on January 1, 2020. (Amended by Stats. 2017, Ch. 718, Sec. 2. (AB 1410) Effective January 1, 2018.)
  88. 1076.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    Certain Youth Authority staff and transportation officers have the powers and authority of peace officers listed in Penal Code Section 830.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. ) ## 1076. The superintendent, assistant superintendent, supervisor, or any employee having custody of wards, of each institution of the Department of the Youth Authority, and any transportation officer of the Department of the Youth Authority, shall have the powers and authority of peace officers listed in Section 830.5 of the Penal Code. (Amended by Stats. 1969, Ch. 645.)
  89. 1077.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    Psychologists who work for or contract with the Department of the Youth Authority to serve wards must be licensed in this state.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. ) ## 1077. (a) Any psychologist employed by or who contracts with the Department of the Youth Authority to provide services to wards under the jurisdiction of the department shall be licensed to practice in this state. (b) Any psychologist employed by the department on July 1, 1999, shall be exempt from the requirements of subdivision (a), as long as he or she continues employment with the department in the same class. (c) The requirements of subdivision (a) may be waived in order for a person to gain qualifying expertise for licensure as a psychologist in this state in accordance with Section 1277 of the Health and Safety Code. (Added by Stats. 2000, Ch. 659, Sec. 1. Effective January 1, 2001.)
  90. 1078.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    If funding is available, the department must develop and provide training on treating children and adolescents with mental health disorders, in consultation with the State Department of State Hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 4. Employees [1075 - 1078] ( Article 4 enacted by Stats. 1937, Ch. 369. ) ## 1078. To the extent that funding is available, the department, in consultation with the State Department of State Hospitals, shall develop training in the treatment of children and adolescents for mental health disorders and shall provide training to all appropriate mental health professionals. (Amended by Stats. 2012, Ch. 440, Sec. 58. (AB 1488) Effective September 22, 2012.)
  91. 108.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

    Verify source ↗

    The Judicial Council must report to the Legislature on program implementation and, as appropriate, include recommendations about continued funding and expansion.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 108. The Judicial Council shall report to the Legislature on the implementation of the program, and shall include recommendations on the continued funding and expansion of the program, as appropriate. (Added by Stats. 1988, Ch. 723, Sec. 5.)
  92. 10800.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    County boards of supervisors must establish a county department to administer public social services, unless the county charter provides otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10800. Subject to the provisions of Section 11050 and Chapter 3 (commencing with Section 12000) of Part 3, the administration of public social services in each of the several counties of the state is hereby declared to be a county function and responsibility and therefore rests upon the boards of supervisors in the respective counties pursuant to the applicable laws, and in the case of public social services for which federal or state funds are provided, subject to the regulations of the department and the State Department of Health Services. For the purpose of providing for and carrying out this function and responsibility, the board of supervisors of each county, or other agency as may be otherwise provided by county charter, shall establish a county department, unless otherwise provided by the county charter. Except as provided herein, the county department shall be the county agency for the administration of public social services and for the promotion of public understanding of the public social services provided under this code and the problems with which they deal. (Amended by Stats. 1977, Ch. 1252.)
  93. 10801.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Each county must have a county director appointed by the board of supervisors or another charter-designated agency, under merit system standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10801. A county director shall be appointed in each county by the board of supervisors or other agency designated by county charter, subject to either local merit system standards or to standards prescribed under the merit system required by state law. The county director shall at all times be under the general direction and supervision of the board of supervisors, unless otherwise provided by county charter. (Amended by Stats. 2013, Ch. 427, Sec. 117. (AB 1062) Effective January 1, 2014.)
  94. 10802.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The county director must run the county department and follow lawful directives from the department and the State Department of Health Services that come through 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 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10802. The county director shall, for and in behalf of the board of supervisors, have full charge of the county department and the responsibility for administering and enforcing the provisions of this code pertaining to public social services under the regulations of the department and the State Department of Health Services. He shall abide by all lawful directives of the department and the State Department of Health Services, transmitted through the board of supervisors. (Amended by Stats. 1977, Ch. 1252.)
  95. 10803.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The county director must run the county department, may delegate powers and functions to staff, and must carry out additional duties required by law or by 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 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10803. The county director shall: (a) Serve as the executive and administrative officer of the county department. The county director may delegate his powers and functions to any member of his staff. (b) Establish such administrative units as he may deem necessary or desirable for the proper and efficient administration of the county department, and employ such personnel as may be authorized subject to merit system regulations and the state standards established pursuant to Section 19801 of the Government Code. (c) Perform such other duties as may be prescribed by law, and, except for Section 10801, such other administrative and executive duties pertaining to the public social services as may, by other provisions of law, be imposed upon the board of supervisors. (d) Perform such other duties as may be prescribed by the board of supervisors. (Amended by Stats. 1969, Ch. 1283.)
  96. 10804.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    County boards of supervisors may contract with other counties or the department to operate or establish public social services; contracting counties generally pay the cost and, when state or federal funds are involved, must follow department standards and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10804. The board of supervisors in any county may contract with any other county or counties or with the department for the operation and maintenance of such public social services as are provided in one or more of the contracting counties, or for the establishment and maintenance of such public social services as the board of supervisors shall deem to be desirable to discharge the duties of the county to provide for public social services for those eligible therefor or the health and care of the sick. Except as provided in Section 11050, the cost of contracted services shall be borne by the contracting county or counties and shall, insofar as state or federal funds are involved, conform to department standards and regulations generally applicable to such services. (Amended by Stats. 1971, Ch. 578.)
  97. 10804.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    County supervisors may contract with other counties or the State Department of Health Services to operate or maintain certain services, and the contracting county or counties must pay the cost.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10804.1. The board of supervisors in any county may contract with any other county or counties or with the State Department of Health Services for the operation and maintenance of such services as are provided in one or more of the contracting counties, or for the establishment and maintenance of such services as the board of supervisors shall deem to be desirable to discharge the duties of the county to provide for services for those eligible therefor or the health and care of the sick. The cost of contracted services shall be borne by the contracting county or counties and shall, insofar as state or federal funds are involved, conform to department standards and regulations generally applicable to such services. (Amended by Stats. 1977, Ch. 1252.)
  98. 10805.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Workers who make home visits must have an ID card, show it when visiting applicants or recipients at home, and return it when they leave the agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10805. Each worker employed by the department or the State Department of Health Services whose responsibilities require making home visits shall be provided with an identification card, showing the name and position of the worker, and containing a recent picture. Upon calling at the home of any applicant for or recipient of public social services, the worker shall display the identification card to the applicant or recipient. Should a worker terminate his employment with the agency, he shall return his identification card to the agency. (Amended by Stats. 1978, Ch. 432.)
  99. 10806.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    If counties dispute which one is responsible for public social services for an applicant or recipient, either county may submit the dispute to the department with jurisdiction, and that department’s decision is final.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10806. If a dispute occurs between counties as to the responsibility for public social services for an applicant or recipient, either county may submit the dispute to the department or the State Department of Health Services, whichever department has jurisdiction. The decision of the appropriate department shall be final. (Amended by Stats. 1977, Ch. 1252.)
  100. 10808.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    County reports on public social services expenditures must clearly show how much is paid by local taxes and how much is paid by state and federal governments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10808. Any report published by the county in written or graphic form of expenditures for public social services shall show clearly the amount and proportion of costs borne by local taxes and the amount and proportion of costs borne by the state and federal governments. (Added by Stats. 1965, Ch. 1784.)
  101. 10809.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The county department must administer authorized public social services according to the department’s and State Department of Health Services’ regulations, and must make required reports to the appropriate department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10809. The county department shall administer the public social services authorized or permitted under the applicable portions of this code in accordance with the regulations of the department and the State Department of Health Services. The county department shall make such reports to the appropriate department as may be required. (Amended by Stats. 1977, Ch. 1252.)
  102. 10810.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

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    County departments may run volunteer recruitment, training, and utilization programs if the department approves, but volunteers may not duplicate employee services and the county department must keep recipient records confidential.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10810. Subject to the approval of the department each county department is authorized to sponsor and conduct programs for the recruitment, training, and utilization of volunteers to assist county department employees in the performance of office duties and to aid in performing services in the counties including but not limited to the following: (a) Friendly visiting of the indigent aged; (b) Finding homes for foster children; (c) Escorting and transporting recipients to clinics and other destinations; (d) Aiding in location of improved housing; (e) Teaching homemaking skills and aiding in budgeting and care of the household; (f) Providing tutoring and other educational aid. Volunteers shall not duplicate services performed by county department employees. The county department shall maintain the confidentiality of records of recipients. (Amended by Stats. 1977, Ch. 1252.)
  103. 10812.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

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    A county may provide services allowed by federal law if federal participation is available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10812. In addition to services, as defined in Section 10053, that may be required under this division a county may provide any service permitted by federal law and for which federal participation is available. (Added by Stats. 1971, Ch. 578.)
  104. 10813.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. )

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    Each county must file an annual comprehensive social-services financing and delivery plan with the department by December 31.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4. County Departments [10800 - 10813.1] ( Chapter 4 added by Stats. 1965, Ch. 1784. ) ## 10813.1. Each county shall submit to the department by December 31 of each year a comprehensive plan for the financing and delivery of social services for the next fiscal year to meet the purposes of Section 10053. Such plan shall specify a priority of services for adults and for families and children. (Amended by Stats. 1978, Ch. 432.)
  105. 10816.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

    Verify source ↗

    The statewide automated welfare system must be designed to meet listed goals, including accurate eligibility verification and timely benefit disbursal.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10816. The system shall have the following goals: (a) Prompt and accurate verification of eligibility. (b) Accurate computation and timely disbursal of benefits for such public assistance programs. (c) Equitable, timely, and consistent treatment of recipients within each program. (d) Reduction of administrative complexity. (e) Strict enforcement of management and fiscal controls. (f) Collection of management information. (Added by Stats. 1979, Ch. 282.)
  106. 10817.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

    Verify source ↗

    The department must seek advice and help from the State Department of Health Services and counties when planning and implementing the system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10817. The department shall seek advice and assistance from the State Department of Health Services and counties in the planning and implementation of the system so that efficient, effective, and equitable administration of public assistance programs can be maintained. (Amended by Stats. 1979, Ch. 1133.)
  107. 10818.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    The department must submit a detailed work plan for the statewide automated welfare system by August 1, 1984, and provide a draft to the counties by July 15, 1984. Counties may send comments and recommendations to the Joint Legislative Budget Committee by August 15, 1984.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10818. The department shall submit to the Joint Legislative Budget Committee by August 1, 1984, a detailed work plan for the implementation of the statewide automated welfare system. The work plan shall include at least the following: (a) A detailed description of the functions to be performed by the system. (b) The sequence of the functions to be assumed by the system, and the dates on which the functions would be assumed. (c) The long-range design goals for California’s welfare computer systems. (d) The cost of the equipment and the administrative costs of implementing the system. (e) The impact of such a system on the administration of such public assistance programs. (f) Mechanisms by which the savings resulting from computer systems development can be recouped through reduced welfare administrative costs. (g) A detailed description of how the data will be collected, stored, and disseminated to protect the privacy of individuals to ensure the confidentiality of such data. (h) Recommendations for necessary legislative changes to implement the system. The department shall provide to the counties no later than July 15, 1984, copies of the draft of the detailed work plan. The counties may submit no later than August 15, 1984, to the Joint Legislative Budget Committee their comments and recommendations on the detailed work plan. (Amended by Stats. 1984, Ch. 268, Sec. 40.7. Effective June 30, 1984.)
  108. 10819.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

    Verify source ↗

    The department may test the system in selected counties and may delay implementation where it is not cost effective. If implementation is delayed, the counties must provide their data on a timely basis.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10819. The department may test the system in several counties prior to actual statewide implementation. Criteria in selecting county test sites may include high dollar error rates for overpayments and payments to ineligibles, high administrative unit costs, size of county, and scope of data-processing activities. The department may delay implementation of the system in counties where not cost effective. If the implementation is delayed in such counties, the counties shall make available their data on a timely basis so that a statewide file on public assistance recipients can be maintained. (Amended by Stats. 1984, Ch. 268, Sec. 40.9. Effective June 30, 1984.)
  109. 10820.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    The department must take steps to support statewide uniform administration of public assistance programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10820. To ensure statewide uniformity in program administration, the department shall do the following: (a) Develop and publish an exclusive manual of standards procedures for use by county welfare departments in their daily administration of public assistance programs. (b) Provide a comprehensive training package for the use of the uniform standards manual. (c) Develop standard forms to use with the statewide automated welfare system. (Amended by Stats. 1984, Ch. 268, Sec. 41.2. Effective June 30, 1984.)
  110. 10823.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    Specified state agencies, the SAWS consortia, and counties are expected to meet with stakeholders at least quarterly about CalACES and CalSAWS, with agendas based on input from all parties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10823.1. (a) It is the intent of the Legislature that representatives from the State Department of Social Services, the State Department of Health Care Services, the Office of Technology and Solutions Integration, the SAWS consortia, and the counties meet with advocates, clients, and other stakeholders no less than quarterly to review the development status of the California Automated Consortium Eligibility System (CalACES) and the California Statewide Automated Welfare System (CalSAWS) projects. (b) Meeting agendas shall be established based on input from all parties, who may indicate their priorities for discussion. (c) The State Department of Social Services, the State Department of Health Care Services, the Office of Technology and Solutions Integration, and the SAWS consortia shall engage with stakeholders to discuss current and planned functionality changes, system demonstrations of public portals and mobile applications, and advocates’ identification of areas of concern, especially with the design of public-facing elements and other areas that directly impact clients. (d) These meetings shall commence in the summer of 2018 and shall continue at least quarterly through development, implementation, and maintenance. (Amended by Stats. 2023, Ch. 43, Sec. 39. (AB 120) Effective July 10, 2023.)
  111. 10823.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    State departments must create a formal process for advocates and clients to give input on new or changing public-facing parts of CalACES and CalSAWS.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10823.2. (a) The State Department of Social Services, the State Department of Health Care Services, and the Office of Technology and Solutions Integration shall develop, in consultation with the County Welfare Directors Association of California, the SAWS consortia, and stakeholders, a formal process for health and human services advocates and clients to provide input into new or changing public-facing elements of CalACES and CalSAWS. (b) The process described in subdivision (a) shall include public portals, mobile applications, notices, certain ancillary services, and intercounty transfers. (c) The process described in subdivision (a) may include focus groups, user-centered design sessions, and user acceptance testing. (Amended by Stats. 2023, Ch. 43, Sec. 40. (AB 120) Effective July 10, 2023.)
  112. 10823.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    Certain parties must jointly update the Legislature at least twice a year on how SAWS development, implementation, and maintenance reduce client burden and use applicant/client feedback.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10823.3. (a) The development of the SAWS enrollment and eligibility functionality, case management systems, ancillary services, public portals, and mobile applications shall, to the extent possible within the technology, have the goals of: (1) Minimizing the burden of the overall eligibility process for enrollment and retention of benefits for low-income Californians and streamlining interactions for both clients and eligibility workers. (2) Facilitating applicant and client submission of feedback. (b) The parties listed in subdivision (a) of Section 10823.1 shall jointly update the Legislature at least twice per year through existing processes as to how the SAWS development, implementation, and maintenance minimizes client burden in order to improve access to safety net programs and incorporates ongoing applicant and client feedback towards continuous improvement. (Added by Stats. 2019, Ch. 27, Sec. 28. (SB 80) Effective June 27, 2019.)
  113. 10823.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    This section assigns who pays Merced County’s MAGIC system maintenance costs and when those payments change.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10823.5. The State Department of Social Services shall pay the county share of Merced County’s Merced Automated Global Information Control (MAGIC) application maintenance costs until September 30, 1998, or until Merced County has converted its caseload to one of the Statewide Automated Welfare System (SAWS) consortia systems, whichever occurs first. Merced County shall be the first county implemented under the SAWS consortium system approved for Merced County. Beginning October 1, 1998, Merced County shall pay the county share of MAGIC application maintenance costs based on its percentage share of the total caseload for the consortium approved for Merced County on October 1, 1998. The caseload percentage share shall be adjusted each fiscal year to reflect changes in caseload throughout the consortium. Caseload for the purposes of this section shall be defined as actual average annual duplicated case counts for the most current full fiscal year for the programs included in the consortia system. Beginning October 1, 1998, and until Merced County has converted its caseload to the SAWS consortium approved for Merced County, the department shall pay the difference between the total county share of MAGIC application maintenance costs and the Merced County caseload percentage share of MAGIC application costs. (Added by Stats. 1997, Ch. 606, Sec. 21. Effective October 3, 1997.)
  114. 10823.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    The CalSAWS consortium may develop and maintain a telephonic signature solution, and the solution must store and retrieve recorded signatures in line with program policy.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10823.6. (a) It is the intent of the Legislature that health and human services programs shall leverage telephonic signature technology to enhance the ability for county human services customers and staff to complete transactions by telephone through the creation of a global telephonic signature solution for use by county human services departments, to the extent permitted by program policy. (b) The California Statewide Automated Welfare System (CalSAWS) consortium shall be authorized to develop, deploy, and maintain a simple, standalone telephonic signature solution according to the following requirements: (1) The telephonic signature solution shall allow for storage and retrieval of recorded telephonic signatures in compliance with program policy. (2) This telephonic signature solution shall be available until equivalent functionality has been integrated into the following case management systems: (A) CalSAWS. (B) Case Management Information and Payroll System (CMIPS). (C) California Automated Response and Engagement System (CWS-CARES). (c) This section shall only be implemented to the extent funding is appropriated for these purposes. (d) This section shall be rendered inoperative upon integration of the telephonic signature solution into all statewide systems included in paragraph (2) of subdivision (b), and is repealed as of January 1 of the calendar year following the date of the inoperability. (Added by Stats. 2021, Ch. 85, Sec. 23. (AB 135) Effective July 16, 2021. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 after inoperative date.)
  115. 10824.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    This section allocates Statewide Automated Welfare System costs between counties and the department, and requires counties to get prior department approval before using system resources for non-federally eligible activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10824. (a) The counties not participating in the Interim Statewide Automated Welfare System Consortium or the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting Consortium shall collectively pay 5 percent of the total application development costs of the Statewide Automated Welfare System consortium to which they belong. The proportion of the 5 percent of total application development costs paid by a participating county shall be the same proportion that the county’s caseload bears to the total consortium caseload for the fiscal year in which the contract for application development is executed. “Caseload” for purposes of this section, means the actual average annual duplicated case counts for the programs included in each consortia’s application. A county subject to this section may pay its proportion of application development costs during development of its consortium’s system, or, by agreement with the department, may pay its proportion after its consortium’s system in production, but within four years after the start of production in a county. (b) The department shall pay the county share of all other Statewide Automated Welfare System development and implementation costs approved by the Department of Finance and the federal funding agencies for the counties participating in each consortium, except the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting Consortium. (c) The department shall pay the county share of maintenance and operations costs for the first 12 months of production of the Statewide Automated Welfare System for the counties participating in each consortium, except the Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting Consortium. (d) For purposes of this section, “production” means the first conversion of a county case to the Statewide Automated Welfare System application used by the county’s consortium, or the first processing of an intake case using the county’s Statewide Automated Welfare System consortium application, whichever occurs first. (e) The department shall pay all Statewide Automated Welfare System maintenance and operations costs for specified counties as defined in this subdivision. A county qualified for Statewide Automated Welfare System maintenance and operations funding is defined as one having an average monthly, duplicated continuing case count below 3,700 cases for the CalWORKs, nonassistance CalFresh, public assistance CalFresh, Medi-Cal, foster care, refugee, and county medical services programs. The department shall make its determination based on actual case counts for the most current full fiscal year. The department shall provide funding for the county share-of-costs for those counties that annually meet this definition until June 30, 2001. (f) Beginning October 1, 1998, the original 14 Interim Statewide Automated System counties shall pay the county share of Statewide Automated Welfare System maintenance and operations costs at the county administrative cost sharing ratios otherwise provided by law. Counties described in subdivision (e) shall not be subject to this requirement. (g) The department shall pay the county share of Napa County’s Interim Statewide Automated Welfare System’s application maintenance costs through September 30, 1998. Beginning October 1, 1998, Napa County shall pay the county share of the Interim Statewide Welfare System application maintenance costs at the county administrative cost sharing ratios otherwise provided by law. (h) (1) The county shall secure the prior approval of the department for any use of Statewide Automated Welfare System equipment, software or resources for activities and program administration not eligible for federal financial participation. (2) The county shall allocate Statewide Automated Welfare System costs to the respective programs eligible for federal financial participation in accordance with the cost allocation requirements of each program. (3) The county shall allocate as Statewide Automated Welfare System costs only for activities and program administration eligible for federal financial participation. (i) If a county uses Statewide Automated Welfare System equipment, software, or resources for activities and program administration not eligible for federal financial participation, and fails to comply with provisions specified in subdivision (h), the county shall be liable to the department for any disallowance due to that use by the county of Statewide Automated Welfare System equipment, software, or resources. In the event of such a loss, the department may recover the loss by reducing funds otherwise due the county as state participation in programs administered by the county under the supervision of the department. (j) The department shall fund each county’s share of the Central Data Base for the Medi-Cal Eligibility Data System until the end of the 12th month after Statewide Automated Welfare System production begins, as defined in subdivision (d). (Amended by Stats. 2011, Ch. 227, Sec. 32. (AB 1400) Effective January 1, 2012.)
  116. 10824.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. )

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    Certain statewide automated welfare systems must include a caseworker notification, and the department must help develop it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.1. Statewide Automated Welfare System [10816 - 10824.5] ( Heading of Chapter 4.1 amended by Stats. 1984, Ch. 268, Sec. 39.5. ) ## 10824.5. (a) Any single state automated welfare system implemented pursuant to this chapter shall include a notification to inform the caseworker of a public assistance program applicant or recipient of the following information: (1) That the applicant or recipient has indicated the need for an accommodation due to disability consistent with Section 12132 of Title 42 of the United States Code and Section 35.130 of Title 28 of the Code of Federal Regulations. (2) That the applicant or recipient has disclosed a disability or experience of domestic violence that may affect the applicant’s or recipient’s eligibility for certain exemptions from, and exceptions to, requirements imposed by any public assistance program included in the single state automated welfare system pursuant to Section 10823. (b) The State Department of Social Services shall collaborate with county welfare departments in developing the notification required by this section. (c) The notification required by this section shall be immediately visible to the caseworker upon opening the applicant’s or recipient’s file in the system. (d) The department shall include in any amendment of or revision to a form or report that is adopted on or after January 1, 2020, and that is to be completed by an applicant for, or a recipient of, public assistance, using the single statewide automated welfare system, questions that permit the applicant or recipient to disclose a disability, the need for accommodation due to disability, and any experience of domestic violence. (Amended by Stats. 2019, Ch. 155, Sec. 1. (SB 735) Effective January 1, 2020.)
  117. 10825.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Aid Payments [10825 - 10827] ( Chapter 4.5 added by Stats. 1972, Ch. 1177. )

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    A county may develop a payment system for aid payments, but it cannot use it until the department approves it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Aid Payments [10825 - 10827] ( Chapter 4.5 added by Stats. 1972, Ch. 1177. ) ## 10825. Notwithstanding any other provision of law relating to the method of payment of aid under this part, a county may develop a payment system which, to the extent feasible, spreads the issuance of public assistance warrants evenly over the month. Such a payment system shall not be instituted until approved by the department. (Added by Stats. 1972, Ch. 1177.)
  118. 10826.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Aid Payments [10825 - 10827] ( Chapter 4.5 added by Stats. 1972, Ch. 1177. )

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    If a county chooses this aid payment method, it must submit a plan to the department, get the plan approved before using it, and build in rules for payment dates, mailing warrants, and pro rata payments when dates change.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Aid Payments [10825 - 10827] ( Chapter 4.5 added by Stats. 1972, Ch. 1177. ) ## 10826. Upon election by a county to utilize the aid payment method provided by this chapter, the county shall submit a plan to the department for approval. The plan shall be approved by the department before it is implemented and shall include provisions for assuring that (a) Each recipient of aid will be assigned a date or dates within the month as the date or dates on which he will be paid in subsequent months; (b) Each warrant will be placed in the mail in order to be delivered on the assigned payment date and that in the event there is no mail delivery on the assigned payment date, the warrant will be placed in the mail in time to be delivered to the payee on the last mail delivery date prior to the payment date; and (c) Upon changing payment dates for any recipient, the recipient will receive a pro rata payment on the old payment date in payment of the aid to which such recipient is entitled prior to the new payment date. (Amended by Stats. 1975, Ch. 113.)
  119. 10827.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Aid Payments [10825 - 10827] ( Chapter 4.5 added by Stats. 1972, Ch. 1177. )

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    A county using this aid payment method may set new eligibility and payment periods, including monthly or semimonthly periods, if federal law allows it; any such changes must be approved by the department before they are implemented.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.5. Aid Payments [10825 - 10827] ( Chapter 4.5 added by Stats. 1972, Ch. 1177. ) ## 10827. To the extent permitted by federal law and notwithstanding Sections 11006.2, 11056, 11450 and 11455, a county electing to utilize the aid payment method provided by this chapter may establish new eligibility periods and payment periods which may be monthly or semimonthly and which are not limited to a calendar month to correspond with changes of payment dates under this chapter. Changes in eligibility or payment periods under this chapter shall be approved by the department before implementation. (Added by Stats. 1975, Ch. 113.)
  120. 10831.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.6. CalWORKs Identity Verification [10831- 10831.] ( Chapter 4.6 repealed and added by Stats. 2019, Ch. 27, Sec. 30. )

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    The department must maintain nonbiometric identity verification methods for CalWORKs. From July 1, 2021, a CalWORKs applicant or recipient may verify identity by videoconference or another electronic method with visual interaction.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.6. CalWORKs Identity Verification [10831- 10831.] ( Chapter 4.6 repealed and added by Stats. 2019, Ch. 27, Sec. 30. ) ## 10831. (a) The department shall implement and maintain nonbiometric identity verification methods in the CalWORKs program. The methods approved by the department as of July 1, 2018, satisfy this requirement. (b) Notwithstanding subdivision (a), commencing July 1, 2021, for purposes of identity verification, a CalWORKs applicant or recipient may provide proof of identity via videoconferencing or any other electronic means that allows for a visual interaction between the applicant or recipient and county eligibility staff. Verification conducted in this manner shall satisfy any inperson identification requirement. (Amended by Stats. 2021, Ch. 85, Sec. 24. (AB 135) Effective July 16, 2021.)
  121. 10840.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.8. Administrative Reform Act [10840 - 10842] ( Chapter 4.8 added by Stats. 1993, Ch. 69, Sec. 18. )

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    The director and the Director of Health Care Services must run a program to simplify administration of Aid to Families with Dependent Children, Medi-Cal, and CalFresh, and the director must prepare related state plan amendments and federal waiver requests.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.8. Administrative Reform Act [10840 - 10842] ( Chapter 4.8 added by Stats. 1993, Ch. 69, Sec. 18. ) ## 10840. (a) The director and the Director of Health Care Services shall implement a comprehensive program for the simplification of administration of the Aid to Families with Dependent Children, Medi-Cal, and CalFresh programs, which shall include the elements identified in Section 10841. The director shall prepare appropriate amendments in the state plan for these programs and waiver requests of federal requirements that are necessary for the implementation of this chapter. (b) The director and the Director of Health Care Services shall, by formal order, waive the enforcement of those regulations and standards necessary to implement the project with federal approval, in order to implement the demonstration project. (Amended by Stats. 2011, Ch. 227, Sec. 34. (AB 1400) Effective January 1, 2012.)
  122. 10841.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.8. Administrative Reform Act [10840 - 10842] ( Chapter 4.8 added by Stats. 1993, Ch. 69, Sec. 18. )

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    The department may create a demonstration project to test changes in eligibility verification, and aid payments may be made monthly.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.8. Administrative Reform Act [10840 - 10842] ( Chapter 4.8 added by Stats. 1993, Ch. 69, Sec. 18. ) ## 10841. (a) The department may establish a demonstration project that tests one or more modifications in verifications of eligibility information to reduce paperwork and achieve program savings while maintaining or improving program integrity. (b) Aid payments may be made once monthly. (Added by Stats. 1993, Ch. 69, Sec. 18. Effective June 30, 1993.)
  123. 10842.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.8. Administrative Reform Act [10840 - 10842] ( Chapter 4.8 added by Stats. 1993, Ch. 69, Sec. 18. )

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    Two state departments must jointly create a county administrative performance system, consult the County Welfare Directors Association, and implement the system in each county when a statewide automated welfare system exists.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 4.8. Administrative Reform Act [10840 - 10842] ( Chapter 4.8 added by Stats. 1993, Ch. 69, Sec. 18. ) ## 10842. (a) The State Department of Social Services and the State Department of Health Care Services shall jointly, in consultation with the County Welfare Directors Association, establish a consolidated county administrative performance system that shall establish state subventions for county administrative costs for the Aid to Families with Dependent Children program, Medi-Cal, and CalFresh. (b) Subventions shall be based on actual caseload for each program, including intake and continuing cases, experienced by each county. Reimbursement per case shall be uniform for similar size counties and shall be based on standards for workload performance, or cases per worker, overhead rates, and salary levels for welfare department personnel. (c) Administrative standards shall be based on actual performance in the most recent fiscal year for which appropriate data is available. (d) Allocation of costs among welfare programs shall, to the extent feasible, be based on ongoing random moment studies. Sampling rates shall be high enough to provide reasonably accurate and statistically valid updates of prior allocation ratios. (e) This performance system shall be implemented in each county upon the establishment of a statewide automated welfare system. (Amended by Stats. 2011, Ch. 227, Sec. 35. (AB 1400) Effective January 1, 2012.)
  124. 10850.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    This section keeps public social services records confidential and restricts who may see, disclose, or use them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850. (a) Except as otherwise provided in this section, all applications and records concerning any individual made or kept by a public officer or agency in connection with the administration of this code relating to any form of public social services, including protective services provided through public social services agencies, for which grants-in-aid are received by this state from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of that program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of that program. The disclosure of information that identifies, by name or address, an applicant for, or recipient of, these grants-in-aid to any committee or legislative body is prohibited, except as provided in subdivision (b). (b) Except as otherwise provided in this section, a person shall not publish or disclose or permit or cause to be published or disclosed a list of persons receiving public social services. Any county welfare department in this state may release lists of applicants for, or recipients of, public social services, to any other county welfare department or the State Department of Social Services, and these lists or any other records shall be released when requested by any county welfare department or the State Department of Social Services. These lists or other records shall only be used for purposes directly connected with the administration of public social services or to notify a public social service recipient of their potential eligibility for other benefits and services not administered by the State Department of Social Services, including, but not limited to, education and access to critical public health services and poverty-alleviating benefits, as determined by the State Department of Social Services. Except for those purposes, a person shall not publish, disclose, or use or permit or cause to be published, disclosed, or used any confidential information pertaining to an applicant or recipient. (c) Any county welfare department and the State Department of Social Services shall provide any governmental entity that is authorized by law to conduct an audit or similar activity in connection with the administration of public social services, including any committee or legislative body so authorized, with access to any public social service applications and records described in subdivision (a) to the extent of the authorization. Those committees, legislative bodies, and other entities may only request or use these records for the purpose of investigating the administration of public social services, and shall not disclose the identity of any applicant or recipient except in the case of a criminal or civil proceeding conducted in connection with the administration of public social services. (d) This section does not prohibit the furnishing of this information to other public agencies to the extent required for verifying eligibility or for other purposes directly connected with the administration of public social services, or to county superintendents of schools or superintendents of school districts only as necessary for the administration of federally assisted programs providing assistance in cash or in-kind or services directly to individuals on the basis of need. Any person knowingly and intentionally violating this subdivision is guilty of a misdemeanor. (e) This section does not prohibit employees of a county’s adult protective services agency or a county’s child welfare agency from disclosing information with each other for the purpose of multidisciplinary teamwork in the prevention, intervention, management, or treatment of child abuse or neglect or abuse or neglect of an elder or dependent adult. (f) In the context of a petition for the appointment of a conservator for a person who is receiving, or has received, aid from a public agency, as indicated above, or in the context of a criminal prosecution for a violation of Section 368 of the Penal Code both of the following shall apply: (1) An adult protective services employee or ombudsperson may answer truthfully at any proceeding related to the petition or prosecution, when asked if the employee or ombudsperson is aware of information that they believe is related to the legal mental capacity of that aid recipient or the need for a conservatorship for that aid recipient. If the adult protective services employee or ombudsperson states that they are aware of such information, the court may order the adult protective services employee or ombudsperson to testify about personal observations and to disclose all relevant agency records. (2) The court may order the adult protective services employee or ombudsperson to testify about personal observations and to disclose any relevant agency records if the court has other independent reason to believe that the adult protective services employee or ombudsperson has information that would facilitate the resolution of the matter. (g) The State Department of Social Services may make rules and regulations governing the custody, use, and preservation of all records, papers, files, and communications pertaining to the administration of the laws relating to public social services under its jurisdiction. The rules and regulations shall be binding on all departments, officials, and employees of the state, or of any political subdivision of the state, and may provide for giving information to, or exchanging information with, agencies, public or political subdivisions of the state, and may provide for giving information to, or exchanging information with, agencies, public or private, that are engaged in planning, providing, or securing social services for, or on behalf of, recipients or applicants; and for making case records available for research purposes, provided that making these case records available will not result in the disclosure of the identity of applicants for, or recipients of, public social services and will not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains, unless the department has complied with subdivision (t) of Section 1798.24 of the Civil Code. (h) A person, including every public officer and employee, who knowingly secures or possesses, other than in the course of official duty, an official list or a list compiled from official sources, published or disclosed in violation of this section, of persons who have applied for, or who have been granted, any form of public social services for which state or federal funds are made available to the counties is guilty of a misdemeanor. (i) This section does not prohibit an employee of a county welfare department from disclosing confidential information concerning a public social services applicant or recipient to a state or local law enforcement agency investigating or gathering information regarding a criminal act committed in a welfare department office, a criminal act against a county or state welfare worker, or a criminal act witnessed by a county or state welfare worker while involved in the administration of public social services at any location. Further, this section does not prohibit an employee of a county welfare department from disclosing confidential information concerning a public social services applicant or recipient to a state or local law enforcement agency investigating or gathering information regarding a criminal act intentionally committed by the applicant or recipient against an off-duty county or state welfare worker in retaliation for an act performed in the course of the welfare worker’s duty when the person committing the offense knows, or reasonably should know, that the victim is a state or county welfare worker. These criminal acts shall include only those that are in violation of state or local law. Disclosure of confidential information pursuant to this subdivision shall be limited to the applicant’s or recipient’s name, physical description, and address. (j) The provisions of this section shall be operative only to the extent permitted by federal law and shall not apply to, but exclude, Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3, and for which a grant-in-aid is received by this state from the United States government pursuant to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (k) (1) Public social services, as defined in Section 10051, includes publicly funded health care services administered or supervised by the department or the State Department of Health Care Services, except that, as used in this section, it does not include the Medi-Cal program. This subdivision does not affect or alter the exclusions contained in subdivision (j) or the confidentiality provisions contained in Section 14100.2. (2) This subdivision clarifies existing law. (Amended by Stats. 2023, Ch. 131, Sec. 229. (AB 1754) Effective January 1, 2024.)
  125. 10850.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    A multidisciplinary personnel team member may share confidential information with other team members when it is relevant to preventing, identifying, managing, or treating child abuse, neglect, elder abuse, or dependent-person abuse.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.1. (a) Notwithstanding any other provision of law, for purposes of Section 10850, the activities of a multidisciplinary personnel team engaged in the prevention, identification, management, or treatment of child abuse or neglect, or of the abuse of elder or dependent persons are activities performed in the administration of public social services, and a member of the team may disclose and exchange any information or writing that also is kept or maintained in connection with any program of public social services or otherwise designated as confidential under state law which he or she reasonably believes is relevant to the prevention, identification, management, or treatment of child abuse or neglect, or of the abuse of elder or dependent persons to other members of the team. All discussions relative to the disclosure or exchange of any such information or writing during team meetings are confidential and, notwithstanding any other provision of law, testimony concerning any such discussion is not admissible in any criminal, civil, or juvenile court proceeding. (b) As used in this section: (1) “Child abuse” has the same meaning as defined in Section 18951. As used in this section, “abuse of elder or dependent persons” has the meaning given in Section 15610.07. (2) “Multidisciplinary personnel team” means a team as specified in Section 15610.55 relative to the abuse of elder or dependent persons or 18951 relative to child abuse or neglect. (Amended by Stats. 2010, Ch. 551, Sec. 3. (AB 2322) Effective September 29, 2010.)
  126. 10850.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    Certain eligibility information in public assistance records must be open to inspection by the recipient and authorized people; the material cannot be used for commercial or political purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.2. Notwithstanding the provisions of Section 10850, factual information relating to eligibility provided solely by the public assistance recipient contained in applications and records made or kept by any public officer or agency in connection with the administration of any public assistance program shall be open for inspection by the recipient to which the information relates and by any other person authorized in writing by such recipient. The written authorization shall be dated and signed by such recipient and shall expire one year from the date of execution. In the event of any hearing under the provisions of this division, the attorney or authorized representative of the applicant or recipient shall be entitled to inspect the case record relating to the applicant or recipient prior to, as well as during, the hearing. No list or names obtained through such access to such records or applications as provided in this section shall be used for any commercial or political purposes. (Added by renumbering Section 10850.1 by Stats. 1971, Ch. 438.)
  127. 10850.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    County welfare staff may share limited confidential information with law enforcement only in warrant-based cases, and the department must notify applicants and recipients about that possibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.3. (a) Notwithstanding Section 10850, an authorized employee of a county welfare department may disclose confidential information concerning a public social services applicant or recipient to any law enforcement agency where a warrant has been issued for the arrest of the applicant or recipient for the commission of a felony or a misdemeanor. Information that may be released pursuant to this section shall be limited to the name, address, telephone number, birth date, social security number, and physical description of the applicant for, or recipient of, public social services. (b) A county welfare department may release the information specified by this section to any law enforcement agency only upon a written request from the agency specifying that a warrant of arrest for the commission of a felony or misdemeanor has been issued against the applicant or recipient. This request may be made only by the head of the law enforcement agency, or by an employee of the agency so authorized and identified by name and title by the head of the agency in writing to the county welfare department. A county welfare department shall notify all applicants of public social services that release of confidential information from their records will not be protected if a felony or misdemeanor arrest warrant is issued against the applicant. A recipient of public social services shall be notified, at the time of renewal of his or her application for public social services, that a release of confidential information can be made if a felony or misdemeanor arrest warrant is issued against the recipient. (c) This section shall not be construed to authorize the release of a general list identifying individuals applying for or receiving public social services. (d) The provisions of this section shall be operative only to the extent permitted by federal law. The section shall not apply to, but shall exclude, the Medi-Cal program, established pursuant to Chapter 7 (commencing with Section 14000) and following. (Amended (as amended by Stats. 1995, Ch. 227, Sec. 2) by Stats. 2002, Ch. 918, Sec. 10. Effective January 1, 2003. Applicability is subject to limitations in subd. (d).)
  128. 10850.31.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    For CalWORKs and CalFresh, county welfare departments must disclose certain applicant or recipient information to law enforcement on request if stated conditions are met, but they may not release a general list of applicants or recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.31. (a) For the CalWORKs program and CalFresh only, notwithstanding any other provision of law, the address, social security number, and, if available, photograph of any applicant or recipient shall be made available, on request, to any federal, state, or local law enforcement officer if the officer furnishes the county welfare department with the name of the applicant or recipient and notifies the county welfare department that the following apply: (1) Any one of the following applies: (A) The applicant or recipient is fleeing to avoid prosecution, custody, or confinement after conviction, for a crime that, under the law of the place the applicant is fleeing, is a felony, or, in the case of New Jersey, a high misdemeanor. (B) The applicant or recipient is violating a condition of probation or parole imposed under state or federal law. (C) The applicant or recipient has information that is necessary for the officer to conduct an official duty related to those issues stated in paragraph (1) or (2). (2) Locating or apprehending the applicant or recipient is an official duty of the law enforcement officer. (3) The request is being made in the proper exercise of an official duty. (b) This section shall not authorize the release of a general list identifying individuals applying for or receiving public social services under the CalWORKs program or CalFresh. (c) This section shall be implemented only to the extent permitted by federal law. (Amended by Stats. 2011, Ch. 227, Sec. 36. (AB 1400) Effective January 1, 2012.)
  129. 10850.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    This section requires the county child welfare records custodian to release specified information and juvenile case file documents about certain child fatalities, with redactions 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 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.4. (a) Within five business days of learning that a child fatality has occurred in the county and that there is a reasonable suspicion that the fatality was caused by abuse or neglect, the custodian of records for the county child welfare agency, upon request, shall release the following information: (1) The age and gender of the child. (2) The date of death. (3) Whether the child resided in foster care or in the home of the child’s parent or guardian at the time of death. (4) Whether an investigation is being conducted by a law enforcement agency or the county child welfare agency. (b) All cases in which abuse or neglect, as defined by paragraph (1) of subdivision (k), leads to a child’s death shall be subject to the disclosures required in subdivision (c). Abuse or neglect is determined to have led to a child’s death if one or more of the following conditions are met: (1) A county child protective services agency determines that the abuse or neglect was substantiated. (2) A law enforcement investigation concludes that abuse or neglect occurred. (3) A coroner or medical examiner concludes that the child who died had suffered abuse or neglect. (c) Upon completion of the child abuse or neglect investigation into the child’s death, as described in subdivision (b), the following documents from the juvenile case file shall be released by the custodian of records upon request, subject to the redactions set forth in subdivision (e): (1) All of the information in subdivision (a). (2) For cases in which the child’s death occurred while living with a parent or guardian, all previous referrals of abuse or neglect of the deceased child while living with that parent or guardian shall be disclosed along with the following documents: (A) The emergency response referral information form and the emergency response notice of referral disposition form completed by the county child welfare agency relating to the abuse or neglect that caused the death of the child. (B) Any cross reports completed by the county child welfare agency to law enforcement relating to the deceased child. (C) All risk and safety assessments completed by the county child welfare services agency relating to the deceased child. (D) All health care records of the deceased child, excluding mental health records, related to the child’s death and previous injuries reflective of a pattern of abuse or neglect. (E) Copies of police reports about the person against whom the child abuse or neglect was substantiated. (F) A description of child protective or other services provided and actions taken by the child welfare agency, and juvenile court if applicable, relating to the deceased child, addressing any services and actions that are not otherwise disclosed within other documents required for release pursuant to this section, including the date and a written description of any such service or action taken. (3) For cases in which the child’s death occurred while the child was in foster care, the following documents in addition to those specified in paragraphs (1) and (2) generated while the child was living in the foster care placement that was the placement at the time of the child’s death: (A) Records pertaining to the foster placement’s initial licensing and renewals and type of license or licenses held, if in the case file. (B) All reported licensing violations, including notices of action, if in the case file. (C) Records of the training completed by the foster parents, if in the case file. (d) (1) The documents and information listed in paragraph (1) of, and subparagraphs (A) to (E), inclusive, of paragraph (2) of, subdivision (c) shall be released to the public by the custodian of records within 10 business days of the request or the disposition of the investigation, whichever is later. (2) The description listed in subparagraph (F) of paragraph (2) of subdivision (c) shall be released to the public by the custodian of records within 10 business days after the release of the documents pursuant to paragraph (1). (e) (1) Prior to releasing any document pursuant to subdivision (c), the custodian of records shall redact the following information: (A) The names, addresses, telephone numbers, ethnicity, religion, or any other identifying information of any person or institution, other than the county or the State Department of Social Services, that is mentioned in the documents listed in paragraphs (2) and (3) of subdivision (c). (B) Any information that would, after consultation with the district attorney, jeopardize a criminal investigation or proceeding. (C) Any information that is privileged, confidential, or not subject to disclosure pursuant to any other state or federal law. (2) (A) The State Department of Social Services shall promulgate a regulation listing the laws described in subparagraph (C) of paragraph (1) and setting forth standards governing redactions. (B) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the State Department of Social Services may implement the changes made to Section 827 and this section at the 2007–08 Regular Session of the Legislature through all-county letters or similar instructions from the director. The department shall adopt emergency regulations, as necessary to implement those changes, no later than January 1, 2009. (C) The adoption of regulations pursuant to this paragraph shall be deemed to be an emergency necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted for filing with the Secretary of State and shall remain in effect for no more than 180 days, by which time the final regulations shall be adopted. (f) Upon receiving a request for the documents listed in subdivision (c), the custodian of records shall notify and provide a copy of the request and the responsive documents upon counsel for any child who is directly or indirectly connected to the juvenile case file. If counsel for a child, including the deceased child or any sibling of the deceased child, objects to the release of any part of the documents listed in paragraphs (2) and (3) of subdivision (c), they may petition the juvenile court for relief to prevent the release of any document or part of a document requested pursuant to paragraph (2) of subdivision (a) of Section 827. (g) Juvenile case file records that are not subject to disclosure pursuant to this section shall only be disclosed upon an order by the juvenile court pursuant to Section 827. (h) Once documents pursuant to this section have been released by the custodian of records, the State Department of Social Services or the county welfare department or agency may comment on the case within the scope of the release. If the county welfare department or agency comments publicly about the case within the scope of the release pursuant to this subdivision, the social worker on the case may also comment publicly about the case within the scope of the release. (i) Information released by a custodian of records consistent with the requirements of this section does not require prior notice to any other individual. (j) Each county welfare department or agency shall notify the State Department of Social Services of every child fatality that occurred within its jurisdiction that was the result of child abuse or neglect. Based on these notices and any other relevant information in the State Department of Social Services’ possession, the department shall annually issue a report identifying the child fatalities and any systemic issues or patterns revealed by the notices and other relevant information. (k) For purposes of this section, the following definitions apply: (1) “Child abuse or neglect” and “abuse or neglect” have the same meaning as defined in Section 11165.6 of the Penal Code. (2) “Custodian of records,” for the purposes of this section and paragraph (2) of subdivision (a) of Section 827, means the county welfare department or agency. (3) “Juvenile case files” or “case files” includes any juvenile court files, as defined in Rule 5.552 of the California Rules of Court, and any county child welfare department or agency or State Department of Social Services records regardless of whether they are maintained electronically or in paper form. (4) “Substantiated” has the same meaning as that term is used with respect to a substantiated report as defined in Section 11165.12 of the Penal Code. (l) A person disclosing juvenile case file information as required by this section shall not be subject to liability in any civil or criminal proceeding for complying with the requirements of this section. (m) This section shall apply only to deaths that occur on or after January 1, 2008. (n) This section does not require a custodian of records to retain documents beyond any date otherwise required by law. (o) This section does not require a custodian of records to obtain documents not in the case file. (p) This section does not authorize the disclosure of information that reveals the identity of a person or persons who provided information related to suspected abuse, neglect, or maltreatment of the child. (q) (1) If the death of a child or nonminor dependent occurred while the child or nonminor dependent was subject to the jurisdiction of the court, the court may retain jurisdiction on its own motion or at the request of any party to the dependency case for the exclusive purpose of receiving documents and information, including medical records, police reports, and autopsy reports, related to the circumstances of the death. (2) If a court retains jurisdiction pursuant to paragraph (1), the following requirements shall be satisfied: (A) The custodian of records shall treat the juvenile court as a requester pursuant to subdivision (c). (B) Notwithstanding any other law, the court shall retain jurisdiction until the records have been received. (3) For purposes of this subdivision, “party” includes a deceased child’s or nonminor dependent’s parent, legal guardian or Indian custodian and their counsel of record, if any, the counsel who had been representing the deceased child or nonminor dependent at the time of the child’s or nonminor dependent’s death, any intervening sibling and their counsel, and a child’s or nonminor dependent’s tribe regardless of whether the tribe has intervened pursuant to Section 224.4 and any counsel for the tribe. (4) The court shall terminate all jurisdiction upon receiving records for the purposes described in paragraph (1), even if the cause of death is indeterminate. (5) This subdivision does not require a child welfare agency to gather information from other investigating agencies for the purpose of providing them to the juvenile court if the child welfare agency is not already investigating the cause of death. (6) The Judicial Council shall adopt a rule of court to implement this subdivision. (Amended by Stats. 2023, Ch. 478, Sec. 62. (AB 1756) Effective January 1, 2024.)
  130. 10850.45.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    This section requires county child welfare records to disclose specified information about child near fatalities caused by abuse or neglect, while withholding certain confidential or irrelevant information.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.45. (a) Within 10 business days of learning that a child near fatality that has been determined to have been caused by abuse or neglect, as described in paragraph (4) of subdivision (l), has occurred in the county, the custodian of records for the county child welfare agency, upon request, shall release all of the following information: (1) The age and gender of the child. (2) The date of the near fatality. (3) Whether the child resided in foster care or in the home of his or her parent or guardian at the time of the near fatality. (4) Whether an investigation is being conducted by a law enforcement agency or the county child welfare agency. (b) All cases in which abuse or neglect leads to a child’s near fatality, as described in paragraph (4) of subdivision (l), shall be subject to the disclosures required in subdivisions (c) and (d). (c) Findings or information disclosed under this subdivision, upon request, shall consist of a written report that includes all of the following information: (1) The age and gender of the child. (2) The date the abuse or neglect occurred that resulted in the near fatality, if known, and the date that a licensed physician determined the child victim to be in serious or critical medical condition, if known. (3) Whether the child resided in foster care or in the home of his or her parent or guardian at the time of the near fatality. (4) The cause of, and circumstances regarding, the near fatality. (5) A description of reports received, child protective or other services provided, and actions taken by the county child welfare services agency and juvenile court, if applicable, regarding both of the following: (A) Suspected or substantiated abuse or neglect of the child near fatality victim. (B) Suspected or substantiated abuse or neglect of other children that is related to the abuse or neglect described in subparagraph (A). (6) The description required by paragraph (5) shall provide a written narrative that includes, but is not limited to, the following information: (A) The dates of reports, investigations, services provided, and actions taken. (B) The investigative disposition for each report. (C) Any comments provided by the involved social worker or workers for the written narrative regarding the investigations, services provided, and actions taken. (d) Upon completion of the child abuse or neglect investigation into a child’s near fatality, as described in paragraph (4) of subdivision (l), the following documents from the juvenile case file shall be released by the custodian of records upon request, subject to the redactions described in subdivision (f): (1) For cases in which the child’s near fatality occurred while living with a parent or guardian, all previous referrals of abuse or neglect of the child suffering the near fatality while living with that parent or guardian, along with the following documents: (A) The emergency response referral information form and emergency response notice of referral disposition form completed by the county child welfare agency relating to the abuse or neglect that caused the near fatality of the child. (B) Any cross reports completed by the county child welfare services agency to law enforcement relating to the child suffering the near fatality. (C) All risk and safety assessments completed by the county child welfare services agency relating to the child suffering the near fatality. (D) Copies of police reports about the person against whom the child abuse or neglect was substantiated. (2) For cases in which the child’s near fatality occurred while the child was in foster care, the following documents, in addition to those specified in paragraph (1), generated while the child was living in the foster care placement that was the placement at the time of the child’s near fatality: (A) Records pertaining to the foster parents’ initial licensing and renewals and type of license or licenses held if in the case file. (B) All reported licensing violations, including notices of action, if in the case file. (C) Records of the training completed by the foster parents if in the case file. (e) (1) When disclosure is requested pursuant to subdivisions (c) and (d), all required findings and information shall be released to the public by the custodian of records within 30 calendar days of either the request or the disposition of the investigation, whichever is later. (2) When disclosure is requested pursuant to subdivision (c), the county shall submit a copy of the description and written narrative required in subdivision (c) to the State Department of Social Services within 20 calendar days of the request or the disposition of the investigation, whichever is later. Within 10 calendar days of receipt, the State Department of Social Services shall review the description and written narrative submitted by the county against the case file and notify the county of any discrepancies or other concerns prior to the county’s release of the information pursuant to paragraph (1). (f) The information and records subject to disclosure pursuant to subdivisions (c) and (d) shall not include, and the custodian of records shall not disclose, any of the following information: (1) The name, address, telephone number, ethnicity, religion, or any other identifying information of any person or institution, other than the county or the State Department of Social Services, that is referenced in subdivision (c) or (d). (2) Any information that would, after consultation with the district attorney, jeopardize a criminal investigation or proceeding. (3) Any information that is privileged, confidential, or not subject to disclosure pursuant to any other state or federal law. (4) All health care records related to the child or the child’s family. (5) (A) Any information referenced in the report prepared pursuant to subdivision (c) or contained in any document listed in subdivision (d) that is not relevant to the near fatality, consistent with regulations or all-county letters or similar instructions issued pursuant to subdivision (r). Subject to subparagraphs (B) and (C), those regulations or all-county letters or similar instructions shall provide further guidance regarding persons or conduct that is not relevant. This includes, but is not limited to, any information referenced in the report prepared pursuant to subdivision (c) or contained in any document listed in subdivision (d) regarding any adult whose activities are not part of an event or events or do not have a material bearing on the circumstances that led to the near fatality, pursuant to subparagraph (B). (B) Information regarding the agency’s handling of the case that may indicate a pattern of events or have a material bearing on the circumstances that led to the near fatality is relevant for purposes of subparagraph (A). (C) Any record of any action or observation of any individual acting in his or her professional capacity is relevant for purposes of subparagraphs (A) and (B). (g) Upon receiving a request for the information described in subdivisions (c) and (d), the custodian of records shall notify and provide a copy of the request to the counsel for any child who is directly or indirectly connected to the juvenile case file. If the counsel for a child, including the child near fatality victim or any sibling of the child victim, objects to the release of any part of the information listed in subdivisions (c) and (d), counsel may petition the juvenile court for relief to prevent the release of any document or part of a document requested pursuant to paragraph (2) of subdivision (a) of Section 827. (h) Juvenile case file records that are not subject to disclosure pursuant to this section shall only be disclosed upon an order by the juvenile court pursuant to Section 827. (i) Once documents have been released by the custodian of records pursuant to this section, the State Department of Social Services or the county welfare department or agency may comment on the case within the scope of the release. If the county welfare department or agency comments publicly about the case within the scope of the release pursuant to this subdivision, the social worker on the case may also comment publicly about the case within the scope of the release. (j) Information released by a custodian of records consistent with the requirements of this section does not require prior notice to any other individual. (k) Each county child welfare services agency shall notify the State Department of Social Services of every child near fatality that occurred within its jurisdiction that was the result of child abuse or neglect. Based on these notices and any other relevant information in the State Department of Social Services’ possession, the department shall annually issue a report identifying the child near fatalities and any systemic issues or patterns revealed by the notices and other relevant information. (l) For purposes of this section, the following definitions apply: (1) “Child abuse or neglect” and “abuse or neglect” have the same meaning as defined in Section 11165.6 of the Penal Code. “Child abuse or neglect” and “abuse or neglect” shall not include near fatalities caused by the following persons, unless neglect by a parent, guardian, or foster care provider contributed to the circumstances of the near fatality: (A) An alleged perpetrator who was unknown to the child or family prior to the abuse that caused the near fatality. (B) A minor, unless acting in the role of a caretaker, who is alleged to have caused the near fatality. (2) “Custodian of records” means the county welfare department or agency. (3) “Juvenile case files” or “case files” includes any juvenile court files, as defined in Rule 5.552 of the California Rules of Court, and any county child welfare department or agency or State Department of Social Services records regardless of whether they are maintained electronically or in paper form. (4) (A) “Near fatality” has the same meaning as defined in Section 5106a of Title 42 of the United States Code under the federal Child Abuse Prevention and Treatment Act. (B) Abuse or neglect is deemed to have resulted in a child’s near fatality if either of the following conditions is met: (i) A law enforcement investigation concludes that child abuse or neglect occurred. (ii) A county child welfare services agency determines that the child abuse or neglect was substantiated. (5) “Substantiated” has the same meaning as that term is used with respect to a substantiated report as defined in Section 11165.12 of the Penal Code. (m) A person disclosing juvenile case file information as required by this section shall not be subject to liability in any civil or criminal proceeding for complying with the requirements of this section. (n) This section shall apply only to near fatalities that occur on or after January 1, 2017. (o) This section does not require a custodian of records to retain documents beyond any date otherwise required by law. (p) This section does not require a custodian of records to obtain documents not in the case file. (q) This section does not authorize the disclosure of information that reveals the identity of a person or persons who provided information related to suspected abuse, neglect, or maltreatment of a child. (r) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until regulations are filed with the Secretary of State, the State Department of Social Services may implement this section through all-county letters or similar instructions following consultation with stakeholders. This consultation shall commence no later than October 1, 2016, and shall include, but not be limited to, the following stakeholders: child welfare advocates, representatives of organizations that have filed requests pursuant to Section 10850.4, advocates for foster youth, labor organizations, representatives of counties, and legislative staff. Rulemaking to implement this section pursuant to the Administrative Procedure Act shall commence no later than January 1, 2018, and shall be concluded as soon as practicable. (Added by Stats. 2016, Ch. 320, Sec. 4. (AB 1625) Effective September 13, 2016.)
  131. 10850.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    A county welfare department may share information with a housing authority without written consent documentation, but must give the person a written form and let the client review the information on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.5. A county welfare department may, without the need to provide written documentation that consent has been obtained from a client, provide information to a housing authority created pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code, in order to aid the housing authority in the administration of that part. This section may be implemented either through an automated data exchange system or through a manual system. Any housing authority receiving and maintaining information pursuant to this section shall comply with confidentiality and privacy laws concerning the collection, maintenance, and dissemination of information, as contained in Section 10850 and the federal Privacy Act of 1974, contained in Section 552a of Title 5 of the United States Code. The county welfare department shall provide a written form to each person about whom information is to be provided to a housing authority pursuant to this section. The form shall notify the person that the information exchanges may occur. A copy of the form may be retained by the person and the county welfare department. The form shall specify the purpose for which the information has been solicited, the entities to which the information may be provided, the uses that may be made of the information, as set forth in Section 552a(e)(3) of Title 5 of the United States Code, and the right of the client to request review of the information that has been provided to the authority. The county welfare department may provide only information that is necessary to determine eligibility for housing authority programs or services for which the client has applied or which he or she is receiving. The county welfare department shall allow the client to review the information it has provided to a housing authority, upon request of the client. This section is not intended to eliminate any other legal obligation of the county welfare department to obtain consent from a client before releasing information to another entity. (Added by Stats. 1993, Ch. 985, Sec. 2. Effective January 1, 1994.)
  132. 10850.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The State Department of Social Services must share specified CalWORKs and CalFresh eligibility and enrollment data with the State Department of Developmental Services for a stated policy-evaluation purpose, and that sharing is limited by applicable federal law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.6. Notwithstanding Section 10850, the State Department of Social Services shall provide the State Department of Developmental Services with CalWORKs and CalFresh eligibility and enrollment data for consumers served by the State Department of Developmental Services for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy established pursuant to Section 4689. This information shall be provided to the extent permitted under applicable federal statutes and regulations. The State Department of Developmental Services shall maintain the confidentiality of any information provided to it by the State Department of Social Services to the same extent as if the State Department of Developmental Services had acquired the information directly. (Amended by Stats. 2019, Ch. 497, Sec. 305. (AB 991) Effective January 1, 2020.)
  133. 10850.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    A county welfare department may share limited confidential information about a deceased public social services applicant or recipient with law enforcement, but only under the section’s request rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.7. (a) Notwithstanding the provisions of Section 10850, an authorized employee of a county welfare department may disclose confidential information concerning a public social services applicant or recipient to any law enforcement agency where the applicant or recipient is deceased. Information that may be released pursuant to this section shall be limited to the name, address, telephone number, birthdate, social security number, and physical description of the applicant for, or recipient of, public social services. A county welfare department may release the information specified by this section to any law enforcement agency only upon a written request from the head of the agency specifying that the applicant or recipient is deceased and that the agency is otherwise unable to adequately identify the deceased. The information specified may alternatively be released by telephone, whereupon the head of the law enforcement agency shall submit the request in writing within five days of the release. (b) This section shall not be construed to authorize the release of a general list identifying individuals applying for or receiving public social services. (c) The provisions of this section shall be operative only to the extent permitted by federal law. The section shall not apply to, but shall exclude the Medi-Cal program established pursuant to Chapter 7 (commencing with Section 14000) and following. (Added by Stats. 1983, Ch. 905, Sec. 2. Effective September 19, 1983.)
  134. 10850.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The State Department of Social Services must give the Franchise Tax Board information needed to verify foster care status, but only for determining eligibility for the foster youth tax credit and only if federal law allows it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.8. (a) Notwithstanding Section 10850, the State Department of Social Services shall provide the Franchise Tax Board with information necessary to verify foster care status for the sole purpose of determining eligibility for the foster youth tax credit described in Section 17052.2 of the Revenue and Taxation Code. (b) The provisions of this section shall be operative only to the extent permitted by federal law. (c) The State Department of Social Services shall seek any federal approval necessary to implement subdivision (a). (Added by Stats. 2022, Ch. 72, Sec. 5. (SB 201) Effective June 30, 2022.)
  135. 10850.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    County social services staff may share certain contact information in emergencies, but the agency must notify clients, and clients can opt out beginning January 1, 2022.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10850.9. (a) (1) Notwithstanding Section 10850, an authorized employee of a county social services department may disclose the name, residential address, telephone number, and email address of elderly or disabled individuals receiving services to police, fire, paramedical personnel, or other designated emergency services personnel, in the event of a public safety emergency that necessitates the possible evacuation of the area in which those elderly or disabled clients reside. Those public safety emergencies include, but are not limited to, fires, earthquakes, gas leaks, bomb scares, public safety power shutoffs, and other natural or human-made occurrences that jeopardize the immediate physical safety of county residents. (2) If a county social services agency intends to disclose information pursuant to paragraph (1), it shall notify elderly or disabled individuals receiving services, at the time the individual is enrolled in services or at the time of the agency’s next contact with the individual, whichever comes first, of that fact. Beginning on January 1, 2022, the individual shall have the option to opt out of having their name, residential address, telephone number, and email address disclosed as described in paragraph (1). (A) Information disclosed pursuant to paragraph (1) shall be used only by the receiving entity to provide emergency services in the event of a public safety emergency that necessitates the possible evacuation of the area in which an elderly or disabled individual resides. (B) However, in the event of a public safety power shutoff, the county may disclose information pursuant to paragraph (1) to the extent necessary to prepare an individual for the loss of power and to ensure their safety and well-being within 48 hours preceding and following the event. (b) The Director of Social Services shall seek any federal approval necessary to implement subdivision (a). (c) Subdivision (a) shall be implemented only if the director executes a declaration, that shall be retained by the director, stating that any federal approval required for implementation of subdivision (a) has been obtained, and only for the duration of that approval. (Amended by Stats. 2020, Ch. 98, Sec. 5. (AB 2213) Effective January 1, 2021.)
  136. 10851.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    Counties must create and keep case records for public social services cases, generally for three years, with some records kept longer or destroyed only under specified conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10851. (a) Each county shall establish and maintain a case record for each public social services case and shall retain the record for a period of three years. The three-year retention period begins on the date on which public social services were last provided. The records shall be retained beyond the three-year retention period when the county is notified by the department or the State Department of Health Services, whichever has jurisdiction over the records, to retain records for a longer period of time. The department or the State Department of Health Services, whichever has jurisdiction over the records, shall instruct a county to retain records beyond the three-year period when the retention is necessary to a pending civil or criminal action. (b) Notwithstanding subdivision (a), the board of supervisors of any county may authorize the destruction of the case narrative portions of the case record that are over three years old in any case file, active or inactive, only after audit by the department or the State Department of Health Services, whichever has jurisdiction over the record. In addition, the board may also authorize the destruction of those documents contained in the case file that are over three years old and are no longer necessary to document the recipient’s continued eligibility for public social services. However, if a civil or criminal action against a person based on alleged unlawful application for, or receipt of, public social services, is commenced before the expiration of the three-year period, no portion of the case record of the person shall be destroyed until the action is terminated. (c) Each county shall maintain fiscal, statistical, and other records necessary for maintaining accountability and meeting reporting requirements relating to the administration of public social services. These fiscal and reporting records shall be retained for a minimum period of three years from the date of submission of the final expenditure report and shall be retained beyond the three-year period when audit findings have not been resolved. (d) The retention requirements imposed by subdivisions (a) and (c) of this section are for public social services purposes only and are superseded to the extent another statute requires retention of the same records for a longer period for a different purpose. (e) Notwithstanding subdivision (a), or any other statutory requirement concerning the retention of public social services records, a child protective services agency may, but need not, retain a child abuse report that has been determined to be an unfounded report, as defined in Section 11165.12 of the Penal Code. (f) Notwithstanding any other provision of law, a county may retain a case record established pursuant to subdivision (a), and retained pursuant to subdivisions (a) and (c), using either electronic or other alternative storage technologies. Permissible alternative storage technologies shall include, but not be limited to, photography, microphotography, electronically recorded video images on magnetic surfaces, electronic data processing systems, optical disk storage, or any other electronic medium that is a trusted system and that does not permit additions, deletions, or changes to the original document and meets Section 12168.7 for recording of permanent records or nonpermanent records. A duplicate copy of any record reproduced shall be deemed an original. (Amended by Stats. 2000, Ch. 569, Sec. 11. Effective January 1, 2001.)
  137. 10851.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    Counties must keep and share aid-tracking records, and the department must set rules and standards for the reporting system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10851.5. (a) Notwithstanding Section 10851, each county shall retain all records that are necessary to determine the number of months each adult recipient has received aid subject to the time limits provided in Section 11454 and Section 608(a)(7) of Title 42 of the United States Code. The county shall retain the records for the period of time established by the department by regulation. (b) Each county shall provide case record information to the department’s automated system for tracking the period of time a recipient has received aid. Each county shall provide information, as determined by the department, to the department’s automated system that is sufficient to allow reliable determinations of the number of months each adult recipient of aid has received aid for purposes of Section 11454 and Section 608(a)(7) of Title 42 of the United States Code. The department shall, pursuant to the adoption of emergency regulations, specify the case record information that each county shall provide under this section. (c) Notwithstanding subdivision (b), if a county cannot provide sufficient information to the automated system, the county shall maintain the information in a nonautomated format, and shall promptly provide that information to any county requesting this information to accurately determine time on aid and enforce time limits. (d) Any county that fails to provide information required by subdivision (b) or (c) shall be subject to the following: (1) To the extent that the failure to provide or maintain reliable time clock information results in an audit exception, the costs associated with that exception shall be passed on to the county responsible for the exception unless the county can demonstrate that the costs would have been incurred if the county had provided the information in subdivision (b). In such a case, this amount shall be applied as a reduction in the county’s single allocation under Section 15204.2. (2) Increased program costs resulting from a court order requiring the department to provide additional months of eligibility to any adult aid recipient due to the failure to reliably determine the number of months each adult recipient has received aid for purposes of Section 11454 shall be passed on to the county responsible for the failure unless the county can demonstrate that the costs would have been incurred if the county had provided the information required in subdivision (b). The county’s single allocation under Section 15204.2 shall be reduced by an amount of the increased program costs resulting from a court order that is proportionate to the responsible county’s caseload. (e) The department, by regulation, shall establish good cause standards and an appeal process. (f) In any fiscal year in which a county is assessed a cost under subdivision (d), the county shall expend additional funds to replace any reduction in the single allocation resulting from the penalty. (g) The department shall adopt regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The initial emergency regulations and one readoption of those regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. (Added by Stats. 2001, Ch. 111, Sec. 28. Effective July 30, 2001.)
  138. 10852.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    People subject to department investigation or supervision must give requested information and statistics and allow the department free access to relevant institutions and records.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10852. All persons who are subject to investigation or supervision by the department, or who are connected with any institution subject to such investigation or supervision, or who are in any way responsible for the administration or expenditure of funds which are subject to investigation or supervision by the department, shall furnish to the department such information and statistics as it may request or require, and shall allow the department free access to all such institutions and to all records of such institutions and persons. (Added by Stats. 1965, Ch. 1784.)
  139. 10853.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. )

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    The department may set report and record forms by regulation, and covered persons, associations, or institutions must keep records and make reports using those forms.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 5. Records [10850 - 10853] ( Chapter 5 added by Stats. 1965, Ch. 1784. ) ## 10853. In order to secure accuracy, uniformity, and completeness in such statistics and information, the department, by regulation, may prescribe forms of report and records to be kept by all persons, associations, or institutions subject to investigation or supervision by the department, and each such person, association, or institution shall keep such records and render such reports in conformity with the forms so prescribed. (Added by Stats. 1965, Ch. 1784.)
  140. 109.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

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    A CASA generally may not participate or appear in criminal or juvenile ward proceedings, but may take part in certain Section 241.1 determinations and delinquency proceedings after adjudication of delinquency.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 109. (a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602. (b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency. (c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime. (Amended by Stats. 2015, Ch. 71, Sec. 4. (AB 424) Effective January 1, 2016.)
  141. 10900.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. )

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    The department must provide welfare personnel training services and courses, including in-service training and related support, within available funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. ) ## 10900. The department shall, within the limits of funds made available, provide welfare personnel training courses and services, including in-service training, educational leaves or stipends, traineeships, internships, and the expansion of fieldwork training facilities within county departments for the use of colleges and universities in preparing students for employment in the administration of public social services programs. The training courses and services provided pursuant to this section shall be designed to promote welfare personnel training in every county in this state, which will provide the quality and quantity of trained personnel required to eliminate or reduce the circumstances or conditions which impede or prevent an individual or a family from making progress toward proper social adjustment, self-support, and self-direction. In-service training for county employees who engage in the determination of eligibility for public social services shall include special training in techniques designed to enable such employees to identify applications for public social services which require special investigation pursuant to Section 11055. (Amended by Stats. 1971, Ch. 1688.)
  142. 10905.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. )

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    When the federal government allocates money for training grants for public social services personnel, the State Department of Health Services and the State Department of Social Services may act as agents and representatives of the state for their respective service areas.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. ) ## 10905. If, when, and during such times as the federal government allots money to this state for training grants for public social services personnel, pursuant to Title VII of the Federal Social Security Act, the State Department of Health Services with respect to health care services, and the State Department of Social Services with respect to other social services, are authorized to act as the agents and representatives of this state. (Amended by Stats. 1977, Ch. 1252.)
  143. 10906.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. )

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    Certain employees of the State Department of Social Services or the State Department of Health Services may attend approved training, short seminars, or fellowships/traineeships, and any leave of absence under this section must be approved by the State Personnel Board.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. ) ## 10906. Employees of the State Department of Social Services or the State Department of Health Services who are engaged in the administration of public social services are authorized (1) to attend courses of training provided by institutions of higher learning, (2) to attend special courses of study or seminars of short duration conducted by experts on a temporary basis for the purpose, (3) to accept fellowships or traineeships at institutions of higher learning with such stipends as are permitted by regulations of the federal government. Any leave of absence granted to any employee of these departments, as authorized by this section, shall be subject to the approval of the State Personnel Board. (Amended by Stats. 1977, Ch. 1252.)
  144. 10907.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. )

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    A county board of supervisors may grant paid educational leave to a permanent county department employee, if the employee has a satisfactory service record and signs a return-to-work agreement; the employee generally must also provide a bond unless the board waives it or the employee’s failure to return is due to death or disability.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. ) ## 10907. The board of supervisors of any county may grant to any permanent employee of the county department a leave of absence with pay to attend an institution of learning for the purpose of improving his skill, knowledge and technique in the administration of social welfare programs which will benefit the county department. In order to be eligible for an educational leave, the employee must have a satisfactory service record with the county and must execute an agreement to return to the county department to render one year of service. The employee shall furnish a suitable bond indemnifying the county against possible loss in the event the employee fails to return to the county and render the required period of service stipulated in the agreement. Such bond shall be exonerated in the event the failure of the employee to render the stipulated period of service is caused by death, physical or mental disability of the employee. If the board of supervisors finds, and by resolution declares, that the interests of the county will be protected by written agreement of the employee to return to the service of the county and render at least one year of service therein following his return from leave, the board of supervisors may waive the furnishing of the bond. The terms and amount of pay or stipend to be paid shall be set by the board of supervisors. Any such pay or stipend shall be considered a proper charge against the administration of the public welfare programs. Notwithstanding any other provisions in this section to the contrary, the board of supervisors may provide educational leaves to employees under such conditions as may be prescribed in an agreement or plan entered into by this state with the federal government. (Added by Stats. 1965, Ch. 1784.)
  145. 10908.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. )

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    Certain Department of Social Welfare officers and employees must be transferred to the State Personnel Board if they were performing a function on January 1, 1970 that was transferred there.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. ) ## 10908. Any officers and employees of the Department of Social Welfare performing a function on January 1, 1970, that is transferred to the State Personnel Board, shall, pursuant to Section 19370 of the Government Code, be transferred to the State Personnel Board. (Added by Stats. 1976, Ch. 504.)
  146. 10909.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. )

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    Older regulations adopted before January 1, 1970 under Section 10901 stay in effect and can be enforced by the State Personnel Board until they are amended, repealed, or replaced.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 6. Personnel [10900 - 10909] ( Chapter 6 added by Stats. 1965, Ch. 1784. ) ## 10909. All regulations prior to January 1, 1970, adopted by the State Department of Social Welfare under Welfare and Institutions Code Section 10901 shall remain in effect and shall be enforceable by the State Personnel Board until amended, repealed, or otherwise superseded by regulations adopted by the State Personnel Board. (Added by Stats. 1976, Ch. 504.)
  147. 10950.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    People dissatisfied with certain county public social services actions can request a state hearing from the proper state department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10950. (a) If any applicant for or recipient of public social services is dissatisfied with any action of the county department relating to his or her application for or receipt of public social services, if his or her application is not acted upon with reasonable promptness, or if any person who desires to apply for public social services is refused the opportunity to submit a signed application therefor, and is dissatisfied with that refusal, he or she shall, in person or through an authorized representative, without the necessity of filing a claim with the board of supervisors, upon filing a request with the State Department of Social Services or the State Department of Health Care Services, whichever department administers the public social service, be accorded an opportunity for a state hearing. (b) (1) The requirements of Sections 100506.2 and 100506.4 of the Government Code apply to state hearings regarding eligibility for or enrollment in an insurance affordability program administered by the State Department of Health Care Services to the extent that those sections conflict with the state hearing requirements under this chapter. (2) 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 subdivision by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding Section 10231.5 of the Government Code, beginning July 1, 2015, the department shall provide a semiannual status report to the Legislature, in compliance with Section 9795 of the Government Code, until regulations have been adopted. (3) This subdivision shall be implemented only to the extent it does not conflict with federal law. (c) Priority in setting and deciding cases shall be given in those cases in which aid is not being provided pending the outcome of the hearing. This priority shall not be construed to permit or excuse the failure to render decisions within the time allowed under federal and state law. (d) Notwithstanding any other provision of this code, there is no right to a state hearing when either (1) state or federal law requires automatic grant adjustments for classes of recipients unless the reason for an individual request is incorrect grant computation, or (2) the sole issue is a federal or state law requiring an automatic change in services or medical assistance which adversely affects some or all recipients. (e) For the purposes of administering health care services and medical assistance, the Director of Health Care Services shall have those powers and duties conferred on the Director of Social Services by this chapter to conduct state hearings in order to secure approval of a state plan under applicable federal law. (f) The Director of Health Care Services may contract with the State Department of Social Services for the provisions of state hearings in accordance with this chapter. (g) For purposes of this chapter, the following terms have the following meanings: (1) “Adverse benefit determination” means, in the case of a Medi-Cal managed care plan, any of the following: (A) The denial or limited authorization of a requested service, including determinations based on the type or level of service, requirements for medical necessity, appropriateness, setting, or effectiveness of a covered benefit. (B) The reduction, suspension, or termination of a previously authorized service. (C) The denial, in whole or in part, of payment for a service. (D) The failure to provide services in a timely manner, as described in Section 14197. (E) The failure of a Medi-Cal managed care plan to act within the timeframes provided in Section 438.408(b)(1) and Section 438.408(b)(2) of Title 42 of the Code of Federal Regulations regarding the standard resolution of grievances and appeals. (F) For a resident of a rural area with only one Medi-Cal managed care plan, excluding a Medi-Cal managed care plan defined in subparagraphs (H) and (I) of paragraph (2), the denial of an enrollee’s request to exercise his or her right under Section 438.52(b)(2)(ii) of Title 42 of the Code of Federal Regulations to obtain services outside the network. (G) The denial of an enrollee’s request to dispute a financial liability, including cost sharing, copayments, premiums, deductibles, coinsurance, and other enrollee financial liabilities. (2) “Medi-Cal managed care plan” means any individual, organization, or entity that enters into a contract with the department to provide services to enrolled Medi-Cal beneficiaries pursuant to any of the following: (A) Article 2.7 (commencing with Section 14087.3) of Chapter 7 of Part 3, including dental managed care programs developed pursuant to Section 14087.46. (B) Article 2.8 (commencing with Section 14087.5) of Chapter 7 of Part 3. (C) Article 2.81 (commencing with Section 14087.96) of Chapter 7 of Part 3. (D) Article 2.82 (commencing with Section 14087.98) of Chapter 7 of Part 3. (E) Article 2.9 (commencing with Section 14088) of Chapter 7 of Part 3. (F) Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3. (G) Chapter 8 (commencing with Section 14200) of Part 3, including dental managed care plans. (H) Chapter 8.9 (commencing with Section 14700) of Part 3. (I) A county Drug Medi-Cal organized delivery system authorized under the California Medi-Cal 2020 Demonstration, Number 11-W-00193/9, as approved by the federal Centers for Medicare and Medicaid Services and described in the Special Terms and Conditions. For purposes of this subdivision, “Special Terms and Conditions” shall have the same meaning as set forth in subdivision (o) of Section 14184.10. (3) “Recipient” means an applicant for or recipient of public social services except aid exclusively financed by county funds or aid under Article 1 (commencing with Section 12000) to Article 6 (commencing with Section 12250), inclusive, of Chapter 3 of Part 3, and under Article 8 (commencing with Section 12350) of Chapter 3 of Part 3, or those activities conducted under Chapter 6 (commencing with Section 18350) of Part 6, and shall include any individual who is an approved adoptive parent, as described in paragraph (3) of subdivision (a) of Section 8708 of the Family Code, and who alleges that he or she has been denied or has experienced delay in the placement of a child for adoption solely because he or she lives outside the jurisdiction of the department. (Amended by Stats. 2017, Ch. 738, Sec. 2. (AB 205) Effective January 1, 2018.)
  148. 10951.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    This section sets deadlines and conditions for requesting a hearing, including special rules for Medi-Cal managed care plan enrollees.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10951. (a) (1) A person is not entitled to a hearing pursuant to this chapter unless he or she files his or her request for the same within 90 days after the order or action complained of. (2) Notwithstanding paragraph (1), a person shall be entitled to a hearing pursuant to this chapter if he or she files the request more than 90 days after the order or action complained of and there is good cause for filing the request beyond the 90-day period. The director may determine whether good cause exists. The department shall not grant a request for a hearing for good cause if the request is filed more than 180 days after the order or action complained of. (b) (1) Notwithstanding subdivision (a), a person who is enrolled in a Medi-Cal managed care plan and who has received an adverse benefit determination from the Medi-Cal managed care plan shall, to the extent required by federal law or regulation, appeal the adverse benefit determination to the Medi-Cal managed care plan before requesting a state fair hearing pursuant to this chapter. After appealing to the Medi-Cal managed care plan, the enrollee may request a hearing pursuant to this chapter involving a Medi-Cal managed care plan within 120 calendar days after either of the following: (A) The enrollee receives notice from the Medi-Cal managed care plan that the adverse benefit determination is upheld. (B) The enrollee’s appeal is deemed exhausted because the Medi-Cal managed care plan failed to comply with state or federal requirements for notice and timeliness related to the disputed action or the appeal, including when a Medi-Cal managed care plan fails to respond to an appeal within 30 days as required pursuant to subdivision (b) of Section 14197.3. (2) Notwithstanding paragraph (1), a person shall be entitled to a hearing pursuant to this chapter if he or she files the request more than 120 calendar days after receiving notice from the Medi-Cal managed care plan that the adverse benefit determination is upheld and there is good cause for filing the request beyond the 120-calendar day period. The director may determine whether good cause exists. The department shall not grant a request for a hearing for good cause if the request is filed more than 180 days after receipt of the notice from the Medi-Cal managed care plan that the adverse benefit determination is upheld. (c) For purposes of this section, “good cause” means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party making the request, and the potential prejudice to the other party. The inability of a person to understand an adequate and language-compliant notice, in and of itself, shall not constitute good cause. (d) This section shall not preclude the application of the principles of equity jurisdiction as otherwise provided by law. (e) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, until January 1, 2019, may implement this section through an all-county information letter or similar instruction. The department may also provide further instructions through training notes. (f) Notwithstanding subdivision (e), the department, by January 1, 2019, shall implement the amendments made to this section by the act that added this subdivision by adopting any necessary rules and regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2017, Ch. 738, Sec. 3. (AB 205) Effective January 1, 2018.)
  149. 10951.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The department must act quickly on certain Medi-Cal managed care appeal cases, and the managed care plan must send the case file and related appeal information within three business days after notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10951.5. (a) For a beneficiary of a Medi-Cal managed care plan who meets the criteria for an expedited resolution of an appeal as set forth in subdivision (c) of Section 14197.3 or Section 438.410 of Title 42 of the Code of Federal Regulations, the department shall take final administrative action as expeditiously as the individual’s health condition requires, but no later than three working days after the department receives, from the Medi-Cal managed care plan, the case file and information for any appeal of an adverse benefit determination that, as indicated by the Medi-Cal managed care plan or determined by the administrative law judge, meets either of the following criteria: (1) Meets the criteria for expedited resolution as set forth in Section 438.410(a) of Title 42 of the Code of Federal Regulations, but was not resolved within the timeframe for expedited resolution. (2) Was resolved within the timeframe for expedited resolution, but reached a decision wholly or partially adverse to the beneficiary. (b) Upon notice from the department that a Medi-Cal managed care plan’s beneficiary has requested a state fair hearing, the Medi-Cal managed care plan shall provide to the department a copy of the following information within three business days of the Medi-Cal managed care plan’s receipt of the department’s notice of a request by a beneficiary for a state fair hearing: (1) The case file. (2) Information for any appeal of an adverse benefit determination that, as indicated by the Medi-Cal managed care plan, meets either of the criteria described in paragraph (1) or (2) of subdivision (a). (c) (1) The department shall take final administrative action on a fair hearing request within the time limits set forth in this section except under either of the following unusual circumstances: (A) The department cannot reach a decision because the beneficiary requests a delay or fails to take a required action. (B) There is an administrative or other emergency beyond the department’s control. (2) The department shall document the reasons for any delay in the beneficiary’s record. (Amended by Stats. 2018, Ch. 92, Sec. 230. (SB 1289) Effective January 1, 2019.)
  150. 10952.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The department must schedule the hearing within 30 working days after the request is filed and give written notice of the hearing time and place at least 10 days before the hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10952. (a) The department shall set the hearing to commence within 30 working days after the request is filed, and, at least 10 days prior to the hearing, shall give all parties concerned written notice of the time and place of the hearing. (b) The 30 working day and 10-day requirements described in subdivision (a) shall not apply to a request filed by a beneficiary of a Medi-Cal managed care plan who meets the criteria for an expedited resolution of an appeal as described in subdivision (a) of Section 10951.5. (c) If regulations require a public or private agency to allow the applicant for, or recipient of, public social services to examine the case record or other relevant nonprivileged information, and the agency has been made aware of the issues in the appeal, the records and information shall be available for inspection by the applicant or recipient no later than five working days prior to the hearing. If the applicant requests the records and information to be delivered through electronic means, the records and information shall be delivered through secure electronic means if required by state or federal privacy laws. (Amended by Stats. 2022, Ch. 613, Sec. 2. (SB 1071) Effective January 1, 2023.)
  151. 10952.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    Agencies must give fair-hearing applicants or recipients a copy of the position statement before the hearing, and sometimes attach juvenile case file portions, with confidentiality limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10952.5. (a) If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agency’s position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department or via United States mail, or, upon request, through electronic means. Except as provided in subdivision (c), if the applicant or recipient requests a position statement to be delivered through electronic means, the position statement shall be delivered through secure electronic means if required by state or federal privacy laws. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing. (b) (1) For a hearing to review the agency’s action or inaction regarding aid under the Aid to Families with Dependent Children-Foster Care program, the Approved Relative Caregiver Funding Program, the Emergency Caregiver Funding Program, the Kinship Guardianship Assistance Payment Program, and the Adoption Assistance Program, or for a hearing to review the agency’s denial of an application to be approved as a resource family, the agency shall include as attachments to the position statement copies of the portions of the juvenile case file that it used in making its decision to take the action that is being appealed. The attached portions of the juvenile case file shall remain confidential for purposes of the hearing, shall be available only to the judge or hearing officer and to the parties to the case, and shall not subsequently be released except in accordance with Section 827. (2) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, until January 1, 2024, may implement this subdivision through an all-county letter or similar instruction. The instruction shall classify the sections of the juvenile case file that will or may be pertinent to an administrative proceeding, and shall provide a process for the fair and prompt exchange of documents between the agency and attorney representatives receiving documents pursuant to subparagraph (S) of paragraph (1) of subdivision (a) of Section 827. The department may provide further instructions through training notes. (3) Notwithstanding paragraph (2), the department, by January 1, 2024, shall implement this subdivision by adopting any necessary rules and regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) If the public or private agency does not make the position statement or documentary evidence available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing. (d) (1) A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following: (A) The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents. (B) The steps the agency is taking to address these barriers. (2) This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means. (Amended by Stats. 2022, Ch. 613, Sec. 3. (SB 1071) Effective January 1, 2023.)
  152. 10953.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    Hearings under this chapter are normally conducted by departmental administrative law judges, unless the director orders otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10953. A hearing under this chapter shall be conducted by administrative law judges employed by the department, unless the director orders that it shall be conducted by himself or herself. However, the director may contract with the Office of Administrative Hearings to conduct hearings. Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any hearing conducted under this chapter. (Amended by Stats. 1986, Ch. 415, Sec. 3. Effective July 17, 1986.)
  153. 10953.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The director may appoint the department’s administrative law judges, and those judges must be admitted to practice law in this state and meet any other qualifications set by the State Personnel Board.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10953.5. (a) The director has authority to appoint the department’s administrative law judges as provided in Section 10555. (b) Each administrative law judge shall have been admitted to practice law in this state and shall possess any other qualifications prescribed by the State Personnel Board. All persons in the office of the chief referee employed as hearing officers by the department prior to the effective date of this section shall be deemed to be administrative law judges. (Added by Stats. 1986, Ch. 415, Sec. 4. Effective July 17, 1986.)
  154. 10954.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The director or administrative law judge conducting the hearing has the same powers and authority as a department head under the cited Government Code article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10954. The director or administrative law judge conducting the hearing, shall have all of the powers and authority conferred upon the head of a department in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1986, Ch. 415, Sec. 5. Effective July 17, 1986.)
  155. 10955.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    Hearings must be conducted impartially and informally; the hearing officer is not bound by judicial procedure or evidence rules, and the applicant or recipient may appear with or without counsel.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10955. The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants. All testimony shall be submitted under oath or affirmation. The person conducting the hearing shall not be bound by rules of procedure or evidence applicable in judicial proceedings. At the hearing the applicant or recipient may appear in person with counsel of his own choosing, or in person and without such counsel. (Added by Stats. 1965, Ch. 1784.)
  156. 10956.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The hearing proceedings must be recorded by a phonographic reporter or by another method that can be reproduced or transcribed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10956. The proceedings at the hearing shall be reported by a phonographic reporter or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription. (Added by Stats. 1965, Ch. 1784.)
  157. 10957.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    A hearing officer may continue a hearing for up to 30 days for good cause. If a county refuses a signed aid or services application, the director may require the county to accept it and may keep the case open until the investigation results are reported.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10957. The person conducting the hearing, upon good cause shown, may continue the hearing for a period of not to exceed 30 days. When the refusal of a county to accept a signed application for aid or services is an issue, the director may require the county to accept the application, and may continue the case until the results of the investigation have been reported to him or her. In any such case in which aid is awarded by the director or his or her designee, the payments shall commence at the time indicated by the director or his or her designee. (Amended by Stats. 1986, Ch. 415, Sec. 6. Effective July 17, 1986.)
  158. 10958.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    If an administrative law judge conducts the hearing, that judge must prepare a fair, impartial, independent written proposed decision in a form that can be adopted by the director.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10958. If the hearing is conducted by an administrative law judge, he or she shall prepare a fair, impartial, and independent proposed decision, in writing and in such format that it may be adopted as the director’s decision and, after approval of the decision by the chief administrative law judge of the department, the chief administrative law judge shall file a copy of the proposed decision, within 75 days after the conclusion of the hearing, with the director. (Amended by Stats. 1986, Ch. 415, Sec. 7. Effective July 17, 1986.)
  159. 10958.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    At a hearing, the issues are limited to matters reasonably related to the hearing request or other issues both parties agreed to discuss before or during the hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10958.1. The issues at the hearing shall be limited to those issues which are reasonably related to the request for hearing or other issues identified by either party which they have mutually agreed, prior to or at the hearing, to discuss. All of those issues shall be addressed in the hearing decisions. (Added by Stats. 1986, Ch. 415, Sec. 7.5. Effective July 17, 1986.)
  160. 10959.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    After an administrative law judge issues a proposed decision, the director has a limited time to act on it and may adopt it, decide the matter on the record, or order a further hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10959. (a) After an administrative law judge has held a hearing and issued a proposed decision, within 30 days after the department has received a copy of the administrative law judge’s proposed decision, or within the three business days for an expedited resolution of an appeal of an adverse benefit determination described in Section 10951.5 after any extensions that may apply under subdivision (c) of Section 10951.5, the director may take any of the following actions: (1) Adopt the decision in its entirety. (2) Decide the matter themselves on the record after reviewing the transcript or recording of the hearing without taking additional evidence. (3) Order a further hearing to be conducted by the director or another administrative law judge on their behalf that affords the parties the opportunity to present and respond to additional evidence. (b) A proposed decision shall be deemed affirmed and adopted if the director fails to adopt the proposed decision, decide the matter on the record after reviewing the transcript or recording of the hearing without taking additional evidence, or order a further hearing within the 30 days or within the three business days for an expedited resolution of an appeal of an adverse benefit determination described in Section 10951.5 after any extensions that may apply under subdivision (c) of Section 10951.5. If the director decides the matter, a copy of the director’s alternated decision shall be served on the applicant or recipient and on the affected county, and, if the director’s decision differs materially from the proposed decision of the administrative law judge, a copy of that proposed decision shall also be served on the applicant or recipient and on the affected county. The director’s alternated decision shall contain a statement of the facts and evidence, including references to the applicable sections of law and regulations, and the analysis that supports the director’s decision. If a further hearing is ordered, it shall be conducted in the same manner and within the same time limits specified for the original hearing. (Amended by Stats. 2022, Ch. 944, Sec. 1. (AB 1355) Effective January 1, 2023.)
  161. 10960.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    This section lets an affected county, applicant, or recipient ask the director for a rehearing within 30 days, and sets response and decision deadlines for the director and the other party.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10960. (a) Within 30 days after receiving the decision of the director, which is the proposed decision of an administrative law judge adopted by the director as final, a final decision rendered by an administrative law judge, or a decision issued by the director himself or herself, the affected county or applicant or recipient may file a request with the director for a rehearing. The director shall immediately serve a copy of the request on the other party to the hearing and that other party may within five days of the service file with the director a written statement supporting or objecting to the request. The director shall grant or deny the request no later than the 35th working day after the request is made to ensure the prompt and efficient administration of the hearing process. If the director grants the request, the rehearing shall be conducted in the same manner and subject to the same time limits as the original hearing. (b) The grounds for requesting a rehearing are as follows: (1) The adopted decision is inconsistent with the law. (2) The adopted decision is not supported by the evidence in the record. (3) The adopted decision is not supported by the findings. (4) The adopted decision does not address all of the claims or issues raised by the parties. (5) The adopted decision does not address all of the claims or issues supported by the record or evidence. (6) The adopted decision does not set forth sufficient information to determine the basis for its legal conclusion. (7) Newly discovered evidence, that was not in custody or available to the party requesting rehearing at the time of the hearing, is now available and the new evidence, had it been introduced, could have changed the hearing decision. (8) For any other reason necessary to prevent the abuse of discretion or an error of law, or for any other reason consistent with Section 1094.5 of the Code of Civil Procedure. (c) The notice granting or denying the rehearing request shall explain the reasons and legal basis for granting or denying the request for rehearing. (d) The decision of the director, which is the proposed decision of an administrative law judge adopted by the director as final, a final decision rendered by an administrative law judge, or a decision issued by the director himself or herself, remains final pending a request for a rehearing. Only after a rehearing is granted is the decision no longer the final decision in the case. (e) Notwithstanding any other provision of law, a rehearing request or decision shall not be a prerequisite to filing an action under Section 10962. (f) (1) Notwithstanding subdivision (a), an applicant or recipient otherwise may be entitled to a rehearing pursuant to this chapter if he or she files a request more than 30 days after the decision of the director is issued, or if he or she did not receive a copy of the decision of the director, or if there is good cause for filing beyond the 30-day period. The director may determine whether good cause exists. (2) For purposes of this subdivision, “good cause” means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party making the request, and the potential prejudice to the other party. The inability of a person to understand an adequate and language-compliant notice, in and of itself, shall not constitute good cause. The department shall not grant a request for a rehearing for good cause if the request is filed more than 180 days after the order or action complained of. (3) This section shall not preclude the application of the principles of equity jurisdiction as otherwise provided by law. (g) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall implement this section through an all-county information notice no later than January 1, 2008. The department may also provide further instructions through training notes. (Amended by Stats. 2014, Ch. 869, Sec. 9. (AB 617) Effective January 1, 2015.)
  162. 10961.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    If the applicant or recipient wins the hearing, the county department must pay the aid or services found due, and the award must be determined within 30 days. The department must also notify the county and claimant after the award is made.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10961. The decision of the director need not specify the amount of the award to be paid unless the amount of the award is an issue. If the decision is in favor of the applicant or recipient, the county department shall pay to the applicant or recipient, without the necessity of establishing his or her present need, the amount of aid the director finds he or she is entitled to receive pursuant to the director’s decision, payment to commence as of the date the person was first entitled thereto, or grant to him or her the services to which he or she is entitled. The award shall be determined no later than 30 days following the date that the hearing decision is received by the county, or 30 days from the date the additional information needed for compliance with the decision is provided to the county. After the award is made, the county and the claimant shall be notified by the department of its determination regarding the county’s compliance with the decision. (Amended by Stats. 1986, Ch. 415, Sec. 9.5. Effective July 17, 1986.)
  163. 10962.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    Certain parties may seek superior court review of the department’s final decision within one year, and the director must serve the petition on the other entitled party.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10962. The applicant, recipient, respondent, or the affected county, within one year after receiving notice of the department’s final decision, may file a petition with the superior court, under the provisions of Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. Such review, if granted, shall be the exclusive remedy available to the applicant, recipient, or respondent, or county for review of the department’s decision. The director shall be the sole respondent in such proceedings. Immediately upon being served, the director shall serve a copy of the petition on the other party entitled to judicial review and such party shall have the right to intervene in the proceedings. No filing fee shall be required for the filing of a petition pursuant to this section. Any such petition to the superior court shall be entitled to a preference in setting a date for hearing on the petition. No bond shall be required in the case of any petition for review, nor in any appeal therefrom. The applicant or recipient shall be entitled to reasonable attorney’s fees and costs, if he obtains a decision in his favor. (Amended by Stats. 2017, Ch. 732, Sec. 58. (AB 404) Effective January 1, 2018.)
  164. 10963.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The county director must comply with and carry out every decision of the director made under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10963. The county director shall comply with and execute every decision of the director rendered pursuant to this chapter. (Added by Stats. 1965, Ch. 1784.)
  165. 10964.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The department must compile and distribute a current, properly indexed digest of decisions to each county department, and the digest must be open to public inspection unless confidentiality laws and regulations apply.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10964. The department shall compile and distribute to each county department a current digest of decisions, properly indexed, rendered under this chapter, and each such digest shall be open to public inspection, subject, however, to the confidentiality requirements set forth in federal and state laws and regulations. (Added by Stats. 1965, Ch. 1784.)
  166. 10965.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    A legal representative, or if none is authorized an heir, may file a hearing request on behalf of a deceased applicant or recipient’s estate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10965. Nothing in this chapter shall prevent the filing of the request for a hearing by the legal representative, or, if there is no authorized legal representative, by an heir of a deceased applicant or recipient, in behalf of the decedent’s estate, to the end that rights not determined at the time of death shall accrue to the estate of the applicant or recipient. (Added by Stats. 1965, Ch. 1784.)
  167. 10966.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    The director may delegate final decision-making to administrative law judges, but the delegation must be written and published, and affected parties may seek rehearing or judicial review.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10966. (a) In addition to any other delegation powers granted to the director under law, the director may delegate his or her powers to adopt final decisions under this chapter to all administrative law judges within specified ranges in the department, in the types of cases deemed appropriate by the director. The authority to adopt final decisions shall not be contingent upon the outcome of the judge’s resolution of the case or issue, nor upon the identity of a particular administrative law judge. The defined areas of delegation shall be published by the department after interested groups such as the Coalition of California Welfare Rights Organizations, legal aid societies, and the County Welfare Directors Association have had a reasonable amount of time to review and comment. (b) Notwithstanding any other provisions of this chapter, decisions rendered by the administrative law judges under the authority of this section shall be treated, for all purposes, as the decision of the director. The affected county, recipient, or applicant has the right to request a rehearing pursuant to Section 10960, and the right to petition for judicial review pursuant to Section 10962. (c) If the director chooses to exercise the authority to delegate his or her powers to adopt final decisions to administrative law judges, the delegation shall be in writing. Any such delegation instrument shall be a public record available at all times, including the time of hearing, from each administrative law judge to whom that authority has been delegated. The written delegation instrument shall include paragraphs (1) and (2) of the following, and may include paragraph (3) of the following: (1) It shall specify the administrative law judges that are authorized to render final decisions on his or her behalf, including the effective date of the authorization. (2) It shall specify the types of cases or issues that are subject to his or her delegation of final authority. (3) It may include any other implementation instructions which he or she determines are necessary for the effective implementation of this section. (d) Decisions rendered by administrative law judges pursuant to the provisions of this section shall be fair, impartial, independent, in writing, and in the format prescribed by the Chief Administrative Law Judge. (Added by Stats. 1986, Ch. 415, Sec. 10. Effective July 17, 1986.)
  168. 10967.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. )

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    At the hearing, the recipient may challenge whether the county’s notice of action was adequate. If notice was adequate, the recipient must discuss the substantive issues or the case is dismissed. If notice was inadequate, the case is postponed unless the recipient waives the notice issue and discusses the substantive issues; if the inadequate notice involved termination or reduction of aid, the county must take retroactive action to reinstate aid pending.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 7. Hearings [10950 - 10967] ( Chapter 7 added by Stats. 1965, Ch. 1784. ) ## 10967. At the time of the hearing the recipient has a right to raise the adequacy of the county’s notice of action as an issue. If the administrative law judge determines that adequate notice was provided, the recipient shall agree to discuss the substantive issue or issues or the case shall be dismissed. If the administrative law judge determines that adequate notice was not provided, the case will be postponed unless the recipient waives the adequate notice requirement and agrees to discuss the substantive issue or issues at the hearing. If the notice was not adequate and involved termination or reduction of aid, retroactive action shall be taken by the county to reinstate aid pending. (Added by Stats. 1986, Ch. 415, Sec. 10.5. Effective July 17, 1986.)
  169. 10980.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Penalties [10980- 10980.] ( Chapter 9 added by Stats. 1984, Ch. 1448, Sec. 2. )

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    This section makes several kinds of aid and CalFresh fraud crimes, with penalties that can include jail, fines, felony treatment, and extra prison time for large electronic-transfer cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 9. Penalties [10980- 10980.] ( Chapter 9 added by Stats. 1984, Ch. 1448, Sec. 2. ) ## 10980. (a) Any person who, willfully and knowingly, with the intent to deceive, makes a false statement or representation or knowingly fails to disclose a material fact in order to obtain aid under the provisions of this division or who, knowing he or she is not entitled thereto, attempts to obtain aid or to continue to receive aid to which he or she is not entitled, or to receive a larger amount than that to which he or she is legally entitled, is guilty of a misdemeanor, punishable by imprisonment in a county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine. (b) Any person who knowingly makes more than one application for aid under the provisions of this division with the intent of establishing multiple entitlements for any person for the same period or who makes an application for that aid for a fictitious or nonexistent person or by claiming a false identity for any person is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine; or by imprisonment in a county jail for a period of not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine. (c) Whenever any person has, willfully and knowingly, with the intent to deceive, by means of false statement or representation, or by failing to disclose a material fact, or by impersonation or other fraudulent device, obtained or retained aid under the provisions of this division for himself or herself or for a child not in fact entitled thereto, the person obtaining this aid shall be punished as follows: (1) If the total amount of the aid obtained or retained is nine hundred fifty dollars ($950) or less, by imprisonment in a county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine. (2) If the total amount of the aid obtained or retained is more than nine hundred fifty dollars ($950), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine; or by imprisonment in a county jail for a period of not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine. (d) Any person who knowingly uses, transfers, acquires, or possesses blank authorizations to participate in the federal Supplemental Nutrition Assistance Program in any manner not authorized by Chapter 10 (commencing with Section 18900) of Part 6 with the intent to defraud is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine. (e) Any person who counterfeits or alters or knowingly uses, transfers, acquires, or possesses counterfeited or altered authorizations to participate in the federal Supplemental Nutrition Assistance Program or to receive CalFresh benefits or electronically transferred benefits in any manner not authorized by the former federal Food Stamp Act of 1964 (Public Law 88-525 and all amendments thereto) or the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) or the federal regulations pursuant to the act is guilty of forgery. (f) Any person who fraudulently appropriates CalFresh benefits, electronically transferred benefits, or authorizations to participate in the federal Supplemental Nutrition Assistance Program with which he or she has been entrusted pursuant to his or her duties as a public employee is guilty of embezzlement of public funds. (g) Any person who knowingly uses, transfers, sells, purchases, or possesses CalFresh benefits, electronically transferred benefits, or authorizations to participate in the federal Supplemental Nutrition Assistance Program in any manner not authorized by Chapter 10 (commencing with Section 18900) of Part 6, or by the former federal Food Stamp Act of 1977 (Public Law 95-113 and all amendments thereto) or the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) (1) is guilty of a misdemeanor if the face value of the benefits or the authorizations to participate is nine hundred fifty dollars ($950) or less, and shall be punished by imprisonment in a county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine, or (2) is guilty of a felony if the face value of the CalFresh benefits or the authorizations to participate exceeds nine hundred fifty dollars ($950), and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine, or by imprisonment in a county jail for a period of not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine. (h) (1) If the violation of subdivision (f) or (g) is committed by means of an electronic transfer of benefits, in addition and consecutive to the penalties for the violation, or attempted violation, of those subdivisions, the court shall impose the following punishment: (A) If the electronic transfer of benefits exceeds fifty thousand dollars ($50,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of one year. (B) If the electronic transfer of benefits exceeds one hundred fifty thousand dollars ($150,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of two years. (C) If the electronic transfer of benefits exceeds one million dollars ($1,000,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of three years. (D) If the electronic transfer of benefits exceeds two million five hundred thousand dollars ($2,500,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of four years. (2) In any accusatory pleading involving multiple charges of violations of subdivision (f) or (g), or both, committed by means of an electronic transfer of benefits, the additional terms provided in paragraph (1) may be imposed if the aggregate losses to the victims from all violations exceed the amounts specified in this paragraph and arise from a common scheme or plan. (i) A person who is punished by an additional term of imprisonment under another law for a violation of subdivision (f) or (g) shall not receive an additional term of imprisonment under subdivision (h). (j) (1) A person shall not be subject to criminal prosecution, under this section or under any other law, for an overpayment or overissuance of benefits, obtained under the California Work Opportunity and Responsibility to Kids (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3) or the CalFresh program (Chapter 10 (commencing with Section 18900) of Part 6), for any month in which the county human services agency was in receipt of any Income and Eligibility Verification System (IEVS) data match information indicating any potential for an overpayment or an overissuance and for which the county human services agency has not provided to the person a timely and adequate notice of action for the collection of the overpayment or the overissuance. (2) (A) For purposes of paragraph (1), the county human services agency shall be deemed to be in receipt of IEVS data match information indicating any potential for an overpayment or an overissuance following 45 days from the date of the county human services agency’s possession of that information. (B) Notwithstanding subparagraph (A), if the county human services agency does not complete the required actions for an IEVS data match for a CalFresh or CalWORKs applicant or recipient within 45 days of receipt of information pursuant to Section 272.8 of Title 7 of, or Section 205.56 of Title 45 of, the Code of Federal Regulations, or their successors, but is authorized to exceed the 45-day period due to exceptions provided under those regulations or under any other federal law, the county human services agency shall be deemed, for purposes of paragraph (1), to be in receipt of IEVS data match information indicating any potential for an overpayment or an overissuance following the combined total of 45 days and the authorized delay from the date of the county human services agency’s possession of that information. (Amended by Stats. 2017, Ch. 390, Sec. 1. (SB 360) Effective January 1, 2018.)
  170. 10985.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Reporting on Incarcerated Individuals [10985- 10985.] ( Chapter 10 added by Stats. 1996, Ch. 205, Sec. 1. )

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    Jails run by a city, county, or city and county must report certain inmate information twice each month to the department, and the director has related powers over format, reimbursement, information sharing, and suspension.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 10. Reporting on Incarcerated Individuals [10985- 10985.] ( Chapter 10 added by Stats. 1996, Ch. 205, Sec. 1. ) ## 10985. (a) Each city, county, or city and county, that operates a jail, shall report twice each month to the department the name, known aliases, birth date, social security number, and expected released date, if known, of any person whose period of incarceration in jail has exceeded 30 days. The report shall not include names previously reported unless it is for a new period of incarceration. (b) (1) The director may establish a uniform data format for the reporting of the data required to be reported in subdivision (a). (2) The director shall reimburse each reporting entity, except for those entities seeking reimbursement pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, at a rate of ten dollars for each unduplicated person reported pursuant to subdivision (a). (3) The state may make payments to local entities pursuant to paragraph (1) or pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code only for a name previously reported by that entity if it is reported for a new period of incarceration. (4) The director shall annually determine the program savings to the state that result from the reporting of names required by subdivision (a). The annual Budget Act may provide for reimbursement at a level below that provided in paragraph (2) if the savings are not sufficient to offset the cost of the reimbursements. (c) The director shall distribute information received pursuant to subdivision (a) to departments of the state and federal government and to local agencies that administer public benefits for which incarceration affects eligibility, to ensure that public assistance payments and other public benefits are not paid to persons who are ineligible to receive those benefits based on incarceration, or whose absence from the household would result in a recalculation of the benefits of other members of the household. For the purpose of reports to federal agencies under this section, the local jail shall be considered the reporting institution. (d) The director may suspend the reporting requirement established in this section if the director determines that data available from other sources provide timely information on the identity of jail inmates that will ensure that public assistance payments and other public benefits are not paid to ineligible persons. (Added by Stats. 1996, Ch. 205, Sec. 1. Effective July 22, 1996.)
  171. 11.

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

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    This provision says tense words are read broadly: present tense includes past and future, and future tense includes present.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 11. The present tense includes the past and future tenses, and the future tense includes the present. (Enacted by Stats. 1937, Ch. 369.)
  172. 110.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

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    This section says the chapter does not limit an Indian tribe’s or Indian organization’s right to establish or operate CASA programs, and it does not limit a court’s discretion to appoint CASAs from those programs in Indian child custody proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 110. Nothing in this chapter shall be construed as limiting the right of an Indian tribe or Indian organization to establish or operate CASA programs independent of state funding or the discretion of the court to appoint CASAs from those programs in Indian child custody proceedings. (Added by Stats. 2006, Ch. 838, Sec. 28. Effective January 1, 2007.)
  173. 11000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Public assistance laws must be interpreted fairly and equitably to further the program’s stated objects and purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11000. The provisions of law relating to a public assistance program shall be fairly and equitably construed to effect the stated objects and purposes of the program. (Amended by Stats. 1982, Ch. 409, Sec. 1.)
  174. 11001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    People receiving public assistance cannot be treated as paupers or indigents because they receive that aid, and payment warrants for the aid may not mention indigency or pauperism.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11001. No person receiving aid under a public assistance program shall be considered a pauper or an indigent by reason thereof, and no warrant drawn in payment of the aid given shall contain any reference to indigency or pauperism. (Added by Stats. 1965, Ch. 1784.)
  175. 11002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Aid given under a public assistance program cannot be assigned, sold, or otherwise transferred away.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11002. All aid given under a public assistance program shall be absolutely inalienable by any assignment, sale, or otherwise. (Amended by Stats. 1982, Ch. 497, Sec. 182. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  176. 11003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    If the U.S. Department of Health, Education, and Welfare formally rules that a public-assistance section cannot be given effect without making the state plan nonconforming, that section becomes inoperative to the extent of the nonconformity.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11003. If the United States Department of Health, Education, and Welfare issues a formal ruling that any section of this code relating to public assistance cannot be given effect without causing this state’s plan to be out of conformity with federal requirements, the section shall become inoperative to the extent that it is not in conformity with federal requirements. (Added by Stats. 1965, Ch. 1784.)
  177. 11004.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    This section sets how CalWORKs overpayments and underpayments are determined, and requires counties to implement semiannual reporting and certify compliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11004.1. (a) In addition to Section 11004, this section shall apply to the CalWORKs program. (b) The amount of any CalWORKs grant overpayment shall be the difference between the grant amount the assistance unit actually received and the grant amount the assistance unit would have received under the semiannual reporting, prospective budgeting system if a county error had not occurred and if the recipient had timely, completely, and accurately reported, as required under Sections 11265.1 and 11265.3. An overpayment shall not be established based on any differences between the amount of income the county prospectively determined for the recipient for the semiannual reporting period and the income the recipient actually received during that period, provided the recipient’s report was complete and accurate. (c) A CalWORKs grant underpayment shall not be established based on any differences between the amount of income the county prospectively determined for the recipient for the semiannual reporting period and the income the recipient actually received during that period. (d) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013. (2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. (3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. (e) (1) Commencing August 1, 2021, a CalWORKs overpayment that is established for a current CalWORKs case on or after that date, shall be classified as an administrative error if any overpaid benefit month or months occurred during the period between April 2020 and the end of the Governor’s proclamation of a state of emergency related to the COVID-19 pandemic, or June 30, 2022, whichever date is sooner. (2) If an overpayment is classified as an administrative error pursuant to paragraph (1), and the overpayment also includes overpaid months before or after the period specified in paragraph (1), the entire overpayment shall be classified as an administrative error. (3) An overpayment classified as an administrative error pursuant to this subdivision shall not be reclassified after the state of emergency related to the COVID-19 pandemic ends, but shall remain an administrative error, unless the overpayment is determined to be fraudulent. (Amended by Stats. 2022, Ch. 50, Sec. 41. (SB 187) Effective June 30, 2022.)
  178. 11005.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The department must set the special need allowance for mileage and automobile operating and maintenance expenses so it works uniformly statewide.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11005. Any special need allowance for mileage and for the expenses of the operation and maintenance of an automobile shall be fixed to operate in a uniform manner throughout the state by the department. (Added by Stats. 1965, Ch. 1784.)
  179. 11005.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Aid money is meant for the recipient’s own needs, not anyone else’s benefit, and aid/income/resources for one recipient or recipient group cannot be used to determine another recipient’s eligibility or aid amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11005.5. All money paid to a recipient or recipient group as aid is intended to help the recipient meet his individual needs or, in the case of a recipient group, the needs of the recipient group, and is not for the benefit of any other person. Aid granted under this part or Part A of Title XVI of the Social Security Act to a recipient or recipient group and the income or resources of such recipient or recipient group shall not be considered in determining eligibility for or the amount of aid of any other recipient or recipient group. (Added by Stats. 1973, Ch. 1216.)
  180. 11006.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The director must issue regulations setting criteria for evaluating allowances for public assistance recipients, with an exception tied to certain life care agreements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006. Except as basic needs are provided pursuant to a life care agreement governed by Chapter 10 (commencing with Section 1770) of Division 2 of the Health and Safety Code, to the extent permitted by federal law the director shall formulate and promulgate regulations which establish criteria for evaluation of allowances provided to recipients of public assistance under the following circumstances: 1. Applicants or recipients who reside in a facility operated by an organization that provides for any or all of the basic needs of the individual. 2. Applicants or recipients who reside under a living arrangement paid for and controlled by an organization. (Amended by Stats. 1979, Ch. 373.)
  181. 11006.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Each grant of aid under Chapter 5 must be increased by $2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006.1. Notwithstanding any other provision of law, each grant of aid under Chapter 5 (commencing with Section 13000) shall be increased in the amount of two dollars ($2), as a basic need of the recipient. Grant increases provided pursuant to this section are specifically intended to assure that the tax shift provisions of the Property Tax Relief Act of 1972 will not work a hardship on welfare recipients. Such grant increases shall not replace, but are in addition to any other grant, including any cost-of-living adjustment or any grant for special needs for which recipients affected by this section are or may become eligible. (Amended by Stats. 1973, Ch. 1216.)
  182. 11006.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The department may set when public assistance payments are delivered. Eligible recipients may choose direct deposit into a qualifying account, while county treasurers must set up a direct deposit program and certain nonbank account providers may not solicit or facilitate deposits into noncompliant accounts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006.2. (a) The department may provide for the delivery of public assistance payments at any time during the month. (b) (1) Notwithstanding any other law, any person entitled to the receipt of public assistance payments may authorize payment to be directly deposited by electronic fund transfer into the person’s qualifying account at the insured depository financial institution of the person’s choice under a program for direct deposit by electronic transfer as established in this section. The direct deposit to a qualifying account shall discharge the department’s obligation with respect to the payment. (2) Each county treasurer shall make an agreement with one or more insured depository financial institutions participating in the Automated Clearing House pursuant to the local rules, and shall, by December 1, 2001, establish a program for the direct deposit by electronic fund transfer of payments to any person entitled to the receipt of public assistance benefits who authorizes the direct deposit of the benefits into the person’s qualifying account at the insured depository financial institution of the person’s choice. Each county treasurer has no obligation to determine whether the account at the insured depository financial institution of the person’s choice is a qualifying account, as defined in paragraph (3). (3) For purposes of this section, a “qualifying account” is one of the following: (A) A demand deposit or savings account at an insured depository financial institution that is offered directly by the insured depository financial institution on its internet website or through its branches and that is in the name of the person entitled to receipt of public assistance payments. (B) A prepaid account, or a demand deposit or savings account offered by or through an entity other than an insured depository financial institution, that meets all of the following: (i) The account is held at an insured depository financial institution. (ii) The account is set up to meet the requirements for direct or passthrough deposit or share insurance payable to the person entitled to the receipt of public assistance payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations. (iii) The account is not attached to a credit or overdraft feature that is automatically repaid from the account unless the credit or overdraft feature has no fee, charge, or cost, whether direct, required, voluntary, or involuntary, or the credit or overdraft feature complies with the requirements for credit offered in connection with a prepaid account under the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.) and its implementing regulations. (iv) The account complies with all of the requirements, and provides the holder of the account with all of the consumer protections, that apply to an account under the rules implementing the Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.). (4) A person or entity that is not an insured depository financial institution that offers, maintains, or manages an account that does not comply with paragraph (3) shall not solicit, accept, or facilitate the direct deposit of public assistance payments to the account. (5) For purposes of this section, each county treasurer and county welfare department shall not be held liable for authorizing a direct deposit of public assistance payments into an account, designated by the person entitled to receipt of public assistance benefits, that does not comply with paragraph (3). (6) This subdivision shall apply in each county that offers a program for direct deposit by electronic funds transfer to some or all of its employees. (c) For the purposes of this section, the following definitions shall apply: (1) “Insured depository financial institution” means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union that holds deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) “Prepaid account” has the same meaning as that term is defined in regulations under the EFTA. (d) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, administer, interpret, or make specific this section by means of all-county letters or similar written instructions from the department. These all-county letters or similar instructions shall have the same force and effect as regulations. (2) Any all-county letters or similar written instructions that the department elects to issue pursuant to paragraph (1) shall be issued no later than October 1, 2022. (Amended by Stats. 2021, Ch. 546, Sec. 4. (SB 497) Effective January 1, 2022.)
  183. 11006.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    If aid is paid by mail, the envelope must show that it is not to be forwarded and that address correction is requested.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006.4. Notwithstanding any other provision of law, when payment of aid under Chapter 2 (commencing with Section 11200) of this part is made by mail, the envelope shall bear on its face: (a) A statement that it is not to be forwarded. (b) A statement that address correction is requested. (Added by Stats. 1986, Ch. 624, Sec. 1.)
  184. 11006.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section lets aid be paid through alternate methods when a recipient cannot manage the cash grant, and it sets rules for substitute payees.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006.5. This section shall be applicable only to those aid recipients under Chapter 3 (commencing with Section 12000) and Chapter 4 (commencing with Section 12500) of this part. Alternate methods of providing assistance may be used for recipients of aid who are found to be unable to manage the cash grant to their own best advantage. Such payment may only be used when it is determined by the county director that the recipient has, by reason of his physical or mental condition, such inability to manage funds that making cash payments to him would be contrary to his welfare. Aid under this section may be paid to a guardian or conservator on behalf of the recipient. If no guardian or conservator is available, aid shall be paid, in whole or in part, to some other individual who is interested in or concerned with the welfare of the recipient. In the absence of superseding federal law, the department shall make regulations for the payment of aid under this section and for the selection of such substitute payee. (Amended by Stats. 1973, Ch. 1216.)
  185. 11006.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department may run a central benefit issuance system, and counties acting for the department must authorize emergency or immediate payments through it. The department must also print a notice on certain checks, and it must keep aid timely and accessible.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006.6. (a) The department may establish and operate a central benefit issuance system in one or more counties whereby grants in aid paid pursuant to this part or any other program administered by the department and cash payments under CalFresh may be issued directly to the recipient by the Controller. Warrants representing payments under this system shall be drawn on the Central Benefit Issuance Fund. In counties where the central benefit issuance system is in operation, Sections 15150, 15150.5, 15151, and 15153, and any other related section shall not apply with respect to benefits. (b) (1) In a case of emergency or immediate need by a recipient that cannot be addressed in a timely manner, as set forth in existing law, by issuance of a Controller’s warrant, those counties, acting as agents for the department, shall authorize payment to be issued by the Central Benefit Issuance System directly to recipients from a department account designated for that purpose. (2) Any check issued pursuant to paragraph (1) that remains unpaid for 180 days after it becomes payable shall be void and shall be canceled by the department and redeposited to the account from which it is drawn. The department shall cause to be printed prominently on the face of any check issued pursuant to paragraph (1) a notice of the requirements of this paragraph. (c) The department shall ensure that aid issued through a central benefit issuance system is delivered timely and that the system does not reduce the accessibility of benefits and services to the recipient. (Amended by Stats. 2011, Ch. 227, Sec. 38. (AB 1400) Effective January 1, 2012.)
  186. 11006.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A permit or license may be revoked if certain facility operators get aid meant for a recipient’s personal or incidental needs as extra care cost, or take the aid and do not deliver it to the recipient.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11006.9. It is a cause for revocation of a permit or license by the department or the State Department of Health Services for any person, association, or corporation that maintains, conducts, or, as manager or officer or in any other administrative capacity, assists in maintaining or conducting any nursing facility, any category of intermediate care facility for the developmentally disabled, or nonmedical board and care facility to obtain, as an additional cost of care, aid allocated to a recipient for his or her personal or incidental needs or to obtain and fail to deliver such aid allocation to the recipient. The department or the State Department of Health Services shall initiate license or permit revocation proceedings. (Amended by Stats. 1990, Ch. 1329, Sec. 7. Effective September 26, 1990.)
  187. 11007.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Public assistance and county hospitalization costs generally cannot be treated as liens on a recipient’s property.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11007. Aid granted to a recipient of public assistance shall not constitute a lien upon any property of the recipient. The cost of hospitalization furnished by a county to the recipient shall not constitute a lien against the personal property or personal effects of the recipient, or against an interment plot as defined in Section 7022 of the Health and Safety Code. The cost of hospitalization furnished by a county to a recipient, other than a recipient of aid to families with dependent children, on or after May 21, 1963, and any judgment obtained by a county against the recipient to obtain repayment of such costs, shall not constitute a lien against the real property of the recipient, and no lien shall be taken therefor. (Added by Stats. 1965, Ch. 1784.)
  188. 11008.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department must apply public assistance laws to support recipients earning money without a proportional aid deduction, and eligible recipients’ earned income is not counted or deducted to the extent federal law requires.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008. (a) In order that recipients of public assistance may become self-supporting and productive members of their communities, it is essential that they be permitted to earn money without a proportionate deduction in their aid grants. It is the intention of the Legislature to promote this objective and the department, in implementing public assistance laws, is directed to do so in the light of this objective. (b) To the extent required by federal law, earned income of a recipient of aid under any public assistance program for which federal funds are available shall not be considered income or resources of the recipient, and shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. In computing the amount of income determined to be available to support a recipient, the value of currently used resources shall be included, except as provided in Section 11018. (c) This section does not apply to recipients under Chapter 3 (commencing with Section 12000) of this part. (Amended by Stats. 2004, Ch. 193, Sec. 229. Effective January 1, 2005.)
  189. 11008.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Certain income received by specified aid recipients is not counted as income/resources and is not deducted from aid, to the extent federal law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.1. To the extent permitted by federal law, income, including but not limited to seven dollars and fifty cents ($7.50) of any income, received by a recipient of aid under Chapter 3 (commencing with Section 12000), Chapter 4 (commencing with Section 12500), or Chapter 6 (commencing with Section 13500) of this part shall not be considered income or resources of the recipient and shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. This section shall be known and may be cited as the Social Security Pass-On. (Added by Stats. 1970, Ch. 1520.)
  190. 11008.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Loan or grant value for certain undergraduate students generally cannot be counted when deciding grant eligibility or grant amount, if federal law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.10. To the extent permitted by federal law the value of any loan or grant to any undergraduate student made or insured under any program administered by the State Scholarship and Loan Commission or a college accredited by the Western Association of Schools and Colleges shall not be considered in determining eligibility or the amount of the grant. (Added by renumbering Section 11008.8 by Stats. 1974, Ch. 546.)
  191. 11008.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Certain stipends, meals, transportation, or other income received by a senior companion are not counted as the recipient’s income or resources and are not deducted from public assistance or aid, to the extent federal law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.11. To the extent permitted by federal law, any stipends, meals, transportation, or other income received by a senior companion pursuant to Chapter 7 (commencing with Section 9520) of Division 8.5 shall not be considered as income or resources of the recipient and shall not be deducted from the amount of any public assistance or aid to which the recipient would otherwise be entitled under this division. (Added by Stats. 1979, Ch. 1121.)
  192. 11008.12.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Foster grandparent stipends, meals, transportation, and other income are not counted as the recipient’s income or resources and are not deducted from public assistance or aid, to the extent federal law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.12. To the extent permitted by federal law, any stipend, meals, transportation, or other income received by a foster grandparent pursuant to Chapter 8 (commencing with Section 9540) of Division 8.5 shall not be considered as income or resources of the recipient and shall not be deducted from the amount of any public assistance or aid to which the recipient would otherwise be entitled under this division. (Added by Stats. 1979, Ch. 1122.)
  193. 11008.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    When deciding aid eligibility and aid amount, certain non-citizens with a pre-December 19, 1997 affidavit of support have their income and resources treated as including the sponsor’s and the sponsor’s spouse’s income and resources, subject to federal law and the chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.13. To the extent permitted by federal law and consistent with other provisions of this chapter, in determining the eligibility and amount of aid under this division for a person who is not a citizen or national of the United States for whom an affidavit of support was executed prior to December 19, 1997, the income and resources of the person shall be deemed to include the income and resources of any person who had executed an affidavit of support on behalf of the person and the spouse of that person as provided in Section 408 of the Social Security Act (42 U.S.C. Sec. 608) and any subsequent amendments thereto. (Amended by Stats. 2021, Ch. 296, Sec. 63. (AB 1096) Effective January 1, 2022.)
  194. 11008.135.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    For a sponsored applicant or recipient who is not a U.S. citizen or national, the aid decision must count certain sponsor income and resources, and the applicant or recipient must provide related income-and-resources information as a condition of eligibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.135. (a) Notwithstanding any other provision of law, in determining the eligibility and amount of aid for a person who is not a citizen or national of the United States under this division, the income and resources of the person shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the person and the spouse of that person as provided in Subtitle C (commencing with Section 421) of Title IV of Public Law 104-193, as amended by Public Law 104-208, and any subsequent amendments thereto, subject to any exceptions required by those provisions, including exceptions for indigents and battered spouses. (b) As a condition of eligibility, the sponsored applicant or recipient shall provide information regarding the income and resources of any person, and the spouse of that person, who has executed an affidavit of support on behalf of the person who is not a citizen or national of the United States. (Amended by Stats. 2021, Ch. 296, Sec. 64. (AB 1096) Effective January 1, 2022.)
  195. 11008.14.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section tells how certain family income is counted for CalWORKs eligibility and grant calculations, and it excludes some income from being treated as available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.14. (a) The income of the natural or adoptive parent, the spouse of the natural or adoptive parent, and the sibling of an eligible child unless the sibling is not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17, living in the same home with an eligible child shall be considered available, in addition to the income of an applicant for or recipient of aid under Chapter 2 (commencing with Section 11200), for purposes of eligibility determination and grant computation. Except as otherwise provided in this section, in the case of a parent or legal guardian of a minor who is also the parent of an eligible child, the income of the parent or guardian shall be considered available to the minor parent and eligible child to the same extent that income to a stepparent is considered available to an assistance unit. Income through child support for a child not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17 shall not be considered available to any member of the assistance unit. (b) This section shall be applied to all applicants for, and recipients of, aid provided through the CalWORKs program under Chapter 2 (commencing with Section 11200), except that income of a guardian of an applicant for, or recipient of, foster care benefits provided under Article 5 (commencing with Section 11400) of Chapter 2 shall not be considered available to the ward or to a child of the ward for the purpose of eligibility determination and grant computation under Article 5 (commencing with Section 11400) of Chapter 2. This section shall be applied regardless of whether federal financial participation is available for the family. (c) This section shall become operative on November 1, 2018. (Repealed (in Sec. 1) and added by Stats. 2017, Ch. 729, Sec. 2. (SB 380) Effective January 1, 2018. Section operative November 1, 2018, by its own provisions.)
  196. 11008.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department must disregard certain earned income for eligible dependent children, wards of the juvenile court, and some nonminor dependents if the listed conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.15. Notwithstanding Sections 11008.14 and 11267, the department shall exercise the options of disregarding earned income of a dependent child or ward of the juvenile court derived from participation in the Job Training Partnership Act of 1982 (Public Law 97-300), a dependent child or ward of the juvenile court who is a full-time student pursuant to the Deficit Reduction Act of 1984 (Public Law 97-369), a dependent child or ward of the juvenile court 16 years of age or older who is a participant in the Independent Living Program pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and, on and after January 1, 2012, a nonminor dependent, as defined in subdivision (v) of Section 11400 who is participating in a transitional independent living case plan pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), provided that the child’s Independent Living Program case plan states that the purpose of the employment is to enable the child to gain knowledge of needed work skills, work habits, and the responsibilities of maintaining employment. (Amended by Stats. 2010, Ch. 559, Sec. 31. (AB 12) Effective January 1, 2011.)
  197. 11008.17.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Certain reparation payments are excluded from income or resources when determining Medi-Cal or public assistance eligibility, and some related amounts are exempt from estate recovery.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.17. (a) To the extent required by federal law, amounts paid pursuant to any federal law enacted in 1988 to provide reparation payments to redress the injustice done to United States citizens and residents of Japanese ancestry who were interned during World War II shall not be considered as income or resources for purposes of determining eligibility to receive Medi-Cal benefits or public assistance benefits or the amount of those benefits. (b) To the extent that federal financial participation is available, amounts paid by the Canadian government to provide reparation payments to redress the injustice done to persons of Japanese ancestry who were interned in Canada during World War II shall not be considered as income or resources for purposes of determining eligibility to receive Medi-Cal benefits or public assistance benefits or the amount of those benefits. (c) To the extent that federal financial participation is available, where the reparation payments described in subdivisions (a) and (b) have been converted to another form, amounts of otherwise excess nonexempt resources equal to the amount of these reparation payments received by the individual or inherited by the spouse of the individual, or both, shall not be considered as resources in determining eligibility for Medi-Cal. (d) To the extent that federal financial participation is available, reparation payments described in subdivisions (a) and (b), or where the reparation payments described in subdivisions (a) and (b) have been converted to another form, amounts of resources equal to the amount of these reparation payments, received by the deceased Medi-Cal beneficiary or inherited by the deceased spouse of that beneficiary, or both, shall be exempt from estate recovery by the State Department of Health Services pursuant to Section 14009.5. (Amended by Stats. 2021, Ch. 296, Sec. 65. (AB 1096) Effective January 1, 2022.)
  198. 11008.18.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The department must implement the state option described in federal law, and certain in-kind support or maintenance assistance provided to or for a family must be disregarded as income.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.18. The department shall implement the state option in Section 402(a)(36) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(36)) and as that statute may hereinafter be amended, which provides that the value of support assistance or maintenance assistance, or both, provided in the form of any in-kind income on the basis of need to, or on behalf of, a family by all entities described in Section 402(a)(36) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(36)) and as that statute may hereinafter be amended shall be disregarded as income. (Added by Stats. 1986, Ch. 1402, Sec. 3.5.)
  199. 11008.19.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The department and the State Department of Education must set up a child-care usage documentation system, coordinate to claim federal participation, and use related Title IV-A funds for expanding child care services under funding and spending limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.19. (a) (1) To the degree child care and development services administered by the State Department of Education pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code are used to serve families receiving aid to families with dependent children that are eligible for child care under the AFDC program, the department and the State Department of Education, in consultation with the county welfare departments, shall establish a system for documenting child care usage by this population so the state can claim the maximum amount to which it is entitled under Title IV-A of the Social Security Act, contained in Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code. (2) To the extent permitted by federal law, the department and the State Department of Education shall coordinate their efforts and claim federal financial participation pursuant to Title IV-A of the Social Security Act. (3) Upon the approval of the Superintendent of Public Instruction, the department, and the State Department of Education shall enter into an interagency agreement to transfer Title IV-A funds from the department to the State Department of Education and to ensure that all federal requirements are met in carrying out the program made possible by the receipt of Title IV-A funds. (4) The system established pursuant to paragraph (1) shall be implemented only to the extent that its implementation does not result in an overall increase in expenditures from the General Fund. (b) (1) Title IV-A funds received pursuant to paragraph (1) of subdivision (a) shall be used to expand child care and development services in accordance with the interagency agreement required by paragraph (3) of subdivision (a). (2) In no case shall Title IV-A funds received pursuant to this section be used to supplant existing state funds and cause the state to violate the maintenance of effort requirements for the federal Child Care and Development Block Grant and the Title IV-A “at-risk” programs. Funds made available pursuant to subdivision (a) shall be expended by the departments to support the following: (A) Any additional administrative costs associated with documenting and claiming federal reimbursement incurred by the department, the State Department of Education, county welfare offices, and child care and development services contractors. (B) Expanded child care and development services to families receiving AFDC benefits, in the following order of priority: (i) AFDC families in approved education and training programs, except those receiving services under Article 3.2 (commencing with Section 11320) of Chapter 2. (ii) AFDC applicants or recipients who choose the Alternative Assistance Program pursuant to Section 11280. (iii) All other AFDC recipients who meet the eligibility criteria for federally funded Title IV-A child care pursuant to this section. (c) (1) Notwithstanding Section 8278 of the Education Code and Item 6110-196-001 of the Budget Act of 1991 (Chapter 118 of the Statutes of 1991), the Superintendent of Public Instruction may authorize the expenditure of not more than one million dollars ($1,000,000) in child care carryover funds by the State Department of Education and the State Department of Social Services, through an interagency agreement, for the purposes of implementing the program specified in this section in the 1991–92 and 1992–93 fiscal years. (2) Prior to making the authorization under paragraph (1), the Superintendent of Public Instruction shall notify the appropriate policy and fiscal committees of the Legislature of the amounts to be expended pursuant to this subdivision. (3) Funds that may be expended pursuant to this subdivision shall be expended for the purpose of supporting administrative costs associated with claiming federal reimbursement for families with dependent children receiving services pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code. In the 1993–94 fiscal year and subsequent fiscal years, state administrative funds for both departments shall be appropriated in the annual Budget Act pursuant to subdivision (b). (d) For purposes of this section, “Title IV-A funds” means federal money received pursuant to Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code. (Amended by Stats. 2004, Ch. 193, Sec. 230. Effective January 1, 2005.)
  200. 11008.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Lump sum retroactive social security payments may not be counted when setting benefit amounts, to the extent federal law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [11000 - 11175] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## ARTICLE 1. Policies and Purposes [11000 - 11023.7] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 11008.2. To the extent permitted by federal law, lump sum retroactive social security payments received under the provisions of Public Law 92-5 shall not be considered in determining the amount payable to any person under aid to families with dependent children, aid to the blind, aid to the aged, aid to the potentially self-supporting blind, aid to the needy disabled, Medi-Cal, or county aid and relief to indigents. This section shall not be construed to limit the provisions of Section 11008.1. (Added by Stats. 1971, Ch. 122.)

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