Welfare and Institutions Code — Part 35 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 35 of 35 · provisions 6,801–6,925

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 125 of 6,925

  1. 9451.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. )

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    The department must hire a contractor, after consulting the commission, to develop educational information and materials about aging in place and home modification.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. ) ## 9451. The department, in consultation with the commission, shall enter into a contract for the development of information and materials which shall be used to educate Californians on the concept of “aging in place” and the benefits of home modification. The contractor shall be a research-based university gerontology department with extensive experience and work with the concept of “aging in place” and the benefits of home modification. (Added by Stats. 2000, Ch. 797, Sec. 3. Effective January 1, 2001.)
  2. 9452.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. )

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    The department must distribute information developed under Section 9451 to area agencies on aging and other appropriate entities throughout the state.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. ) ## 9452. The department shall distribute the information developed pursuant to Section 9451 to each area agency on aging and to other appropriate entities throughout the state. (Added by Stats. 2000, Ch. 797, Sec. 3. Effective January 1, 2001.)
  3. 9453.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. )

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    The department must sponsor regional training sessions and seminars, working with the entity contracting with it under Section 9451 and using materials developed under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. ) ## 9453. The department, in cooperation with the entity contracting with the department pursuant to Section 9451, shall sponsor regional training sessions, and seminars, using the materials developed pursuant to this chapter. (Added by Stats. 2000, Ch. 797, Sec. 3. Effective January 1, 2001.)
  4. 9454.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. )

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    This chapter can be implemented only if money is appropriated in the annual Budget Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. ) ## 9454. Implementation of this chapter shall be subject to an appropriation in the annual Budget Act. (Added by Stats. 2000, Ch. 797, Sec. 3. Effective January 1, 2001.)
  5. 9460.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. )

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    An area agency on aging or a county may create an aging multidisciplinary personnel team, but team information-sharing is tightly controlled by protocols, confidentiality, consent, and security requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 4.5. Home Modifications for Seniors [9450 - 9460] ( Chapter 4.5 added by Stats. 2000, Ch. 797, Sec. 3. ) ## 9460. (a) (1) Notwithstanding any other law, an area agency on aging or a county, or both, may establish an aging multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating services. (2) If a city within the service area of an area agency on aging or a county that has established an aging multidisciplinary personnel team pursuant to this section requests to participate in that team, participation of appropriate city personnel shall be allowed, as determined by the area agency on aging or county, unless the area agency on aging or county determines that participation by the city would hinder compliance with the requirements and obligations set forth in this section or would otherwise conflict with the goals and objectives of the area agency on aging or county. (b) For the purposes of this section, the following terms have the following meanings: (1) “Aging multidisciplinary personnel team” means any team of two or more persons who are trained in and who are qualified to provide a broad range of services related to older adults. The team may include, but shall not be limited to, all of the following: (A) Mental health and substance use disorder services personnel and practitioners or other trained counseling personnel. (B) Police officers, probation officers, or other law enforcement agents. (C) Legal counsel for the older adult. (D) Medical personnel with sufficient training to provide health services. (E) Social services workers with experience or training in the eligibility for and provision of services to older adults. (F) Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to older adults. (G) Veterans services providers and counselors. (H) Domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code. (I) A member of a multidisciplinary team, as defined in Sections 9401, 15610.55, 18999.8, or 18999.81. (J) Aging services provider agencies and designated personnel, including individuals with area agencies on aging. (K) A representative from the Office of the State Long-Term Care Ombudsman. (2) “Aging service provider agency” means any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of services to older adults. The aging services provider agencies serving older adults that may share information under this section include, but are not limited to, all of the following entities or service agencies: (A) Social services. (B) Health services. (C) Mental health services. (D) Substance use disorder services. (E) Probation. (F) Law enforcement. (G) Legal counsel for the adult. (H) Veterans services and counseling. (I) Domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code. (J) A member of a multidisciplinary team, as defined in Sections 9401, 15610.55, 18999.8, or 18999.81. (K) Caregivers. (L) Housing. (M) Long-term care ombudsperson. (3) “Older adult” means a person of 60 years of age or older. (c) (1) Members of an aging multidisciplinary personnel team engaged in the identification, assessment, and linkage of services to older adults may disclose to, and exchange with, one another, information and writings that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of or the provision of services. Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding. (2) Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the aging multidisciplinary personnel who are involved in that disclosure or exchange of information. (3) Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the aging multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d). (4) Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individual’s informed consent, in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. (d) The aging multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f). (e) (1) The sharing of information permitted under subdivision (c) shall be governed by protocols developed by each area agency on aging or county that establishes an aging multidisciplinary personnel team. The protocols shall describe how and what information may be shared by the aging multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the aging multidisciplinary personnel team. Each aging multidisciplinary personnel team shall post the protocols on the internet website on the homepage of the area agency on aging or county’s office of aging within 30 days of adoption. Each area agency on aging or county shall provide a copy of its protocols to the California Department of Aging. This subdivision shall not be construed to require the department to review or approve any aging multidisciplinary personnel team protocols that it receives. (2) A protocol developed by an area agency on aging or a county pursuant to paragraph (1) shall include, but not be limited to, all of the following: (A) The items of information or data elements that will be shared. (B) The participating agencies. (C) A description of how the information shared pursuant to this section will be used by the aging multidisciplinary personnel team only for the intended purposes specified in subdivision (a). (D) The information retention schedule that participating agencies shall follow. (E) A requirement that no confidential information or writings be disclosed to persons who are not members of the aging multidisciplinary personnel team, except to the extent required or permitted under applicable law. (F) A requirement that participating agencies develop uniform written policies and procedures that include security and privacy compliance training for employee access to information pursuant to this protocol. (G) A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies. (H) A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure. (I) A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner. (J) A requirement that, unless otherwise permitted by law, an area agency on aging or a county that establishes an aging multidisciplinary personnel team obtain the affirmative consent of an individual or their representative before the individual’s information may be shared. (K) A requirement that, unless otherwise permitted by law, an area agency on aging or a county that establishes an aging multidisciplinary personnel team notify an individual that the individual’s information may be shared for the purposes of the identification of or the provision of services once affirmative consent is obtained and that the individual may opt out of sharing information under this section at any time. The notice shall inform the individual that refusal to consent to the sharing of information or deciding to opt out of sharing information under this section does not affect their eligibility for services. (f) Every member of the aging multidisciplinary personnel team who receives information or records regarding adults and families in that member’s capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (g) This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law. (h) Information and records communicated or provided to the team members by all providers and agencies shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members. (Added by renumbering Section 9450 (as added by Stats. 2022, Ch. 621, Sec. 1) by Stats. 2024, Ch. 80, Sec. 135. (SB 1525) Effective January 1, 2025.)
  6. 9500.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 6. Home-Delivered Meals Act [9500 - 9501] ( Chapter 6 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    This section says Chapter 6 may be called the Home-Delivered Meals Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 6. Home-Delivered Meals Act [9500 - 9501] ( Chapter 6 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9500. This chapter shall be known and may be cited as the Home-Delivered Meals Act. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  7. 9501.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 6. Home-Delivered Meals Act [9500 - 9501] ( Chapter 6 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The department must allocate new funds to area agencies on aging using the existing funding formula, and area agencies may spend those funds only for the listed home-delivered meals purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 6. Home-Delivered Meals Act [9500 - 9501] ( Chapter 6 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9501. (a) The department shall allocate any new funds to area agencies on aging based upon the existing intrastate funding formula, but without regard to subdivision (b) of Section 9112. (b) Funds may be expended by area agencies on aging for any of the following purposes: (1) To serve older individuals on waiting lists. (2) To increase the number of days per week that meals are provided under the Home-Delivered Meals Program from five to seven. (3) To provide modified diets specific to the needs of individuals being served by the Home-Delivered Meals Program. (4) To establish an active outreach program to ensure that California’s older adults are aware of the availability of home-delivered meals services. (5) For capital outlay to expand the physical capacity of local needs programs to serve unmet need. (6) To fund transportation costs related to the delivery of home-delivered meals. (7) To otherwise deal with the unmet home-delivered nutrition needs identified by the area agency on aging in accordance with the criteria developed by the department pursuant to this subdivision. (c) The department shall encourage area agencies on aging to include in the home-delivered meals programs alternative service models designed to reduce the social isolation of older adults who are economically and nutritionally disadvantaged and who do not have permanent housing. (Amended by Stats. 2024, Ch. 337, Sec. 20. (SB 1249) Effective January 1, 2025.)
  8. 9530.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The department must contract for specified state-funded community-based services for older individuals and functionally impaired adults.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9530. (a) As part of its role in providing leadership to the area agencies on aging in the development of systems of home and community-based services to maintain individuals in their own homes or least restrictive homelike environments and to ensure the availability of information and awareness of their benefits, rights, and responsibilities, the department shall contract for an array of state-funded community-based services specified in this division to older individuals and functionally impaired adults. (b) It is the intent of the Legislature to facilitate central points of access through integration of the financing and local management of the community-based services programs, specified in Chapter 7.5 (commencing with Section 9540) under the area agencies on aging. Except for any new funds appropriated, the department shall contract for these services in the planning and service areas where the services are currently provided. (c) It is the intent of the Legislature to ensure that contracts for services specified in Chapter 7.5 (commencing with Section 9540) be awarded through a competitive procurement process, considering factors such as cost and scope of services. Where not otherwise prohibited by state or federal law or regulations, programs may benefit from the economical use of shared resources that are colocated. This chapter shall not prohibit the development or continuation of the colocation of these programs. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  9. 9530.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The Legislature states that long-term care and related community services should be restructured so people can access help through a central point of entry and be referred to the right services.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9530.5. Consistent with Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9, the Legislature reaffirms the need to restructure the array of categorical programs that offer medical, social, and other support services that are funded and administered by a variety of federal, state, and local agencies. It is in the interest of the state, as a whole, to address the duplication and fragmentation of the long-term care system and the home- and community-based services needs of older adults and adults with functional impairments. Ideally, individuals needing long-term care should be able to access the health and social services system through a central point of entry, disclose basic demographic information, and be referred to the appropriate sources for assessment, care planning, and purchase of services. (Amended by Stats. 2024, Ch. 337, Sec. 21. (SB 1249) Effective January 1, 2025.)
  10. 9531.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The chapter creates the Community-Based Services Network and requires participating area agencies on aging to keep the required funding match and handle local program management for the covered community-based services programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9531. (a) This chapter establishes the Community-Based Services Network. (b) It is the intent of the Legislature that a Community-Based Services Network be initiated by the department in order to do all of the following: (1) Locally integrate the state-funded community-based services programs, specified in this division, for older adults and adults with functional impairments. (2) Provide increased local flexibility in setting priorities for the services contained within the six state General Fund programs specified in Sections 9542 to 9547, inclusive. (3) Contract responsibility for local management of the state-funded community-based services programs specified in Chapter 7.5 (commencing with Section 9540) to participating area agencies on aging. (c) Each participating area agency on aging shall ensure the continuation of the funding match currently required for the community-based services programs specified in Chapter 7.5 (commencing with Section 9540). The match may consist of either cash or in-kind services. (d) Each participating area agency on aging shall have responsibility for local program management of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540). (Amended by Stats. 2024, Ch. 337, Sec. 22. (SB 1249) Effective January 1, 2025.)
  11. 9532.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    This section defines key terms used in Chapter 7, including who counts as an adult with functional impairment and what local program management means.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9532. In addition to the definitions already contained in this division, the following definitions apply to this chapter: (a) “Adult with functional impairment” means an adult 18 years of age or older, who is at risk of institutional placement due to a chronic physical and mental disability, including disabilities caused by organic disorders or diseases, that restrict the individual’s ability to independently perform activities of daily living, who has an inadequate informal or formal support network, and who has to leave their home without supportive home- and community-based services. (b) “Community-based services programs” means the programs specified in Chapter 7.5 (commencing with Section 9540). (c) “Local program management” means the area agency on aging’s responsibility to oversee the operation of programs specified in Chapter 7.5 (commencing with Section 9540). (d) “Participating area agency on aging” means an area agency on aging that contracts with the department pursuant to this chapter. (Amended by Stats. 2024, Ch. 337, Sec. 23. (SB 1249) Effective January 1, 2025.)
  12. 9533.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The department must carry out listed responsibilities for the Community-Based Services Network, including reviewing area plans, contracting with area agencies on aging, developing responsibilities and model contract language, enforcing statewide requirements, and controlling when an agency may begin directly providing certain services.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9533. The department shall be responsible for, but not limited to, all of the following: (a) Reviewing and approving the Community-Based Services Network component of the area plans of participating area agencies on aging. (b) Entering into contracts with area agencies on aging to carry out the requirements set forth in this chapter and Chapter 7.5 (commencing with Section 9540) that shall include the requirements set forth in subdivisions (c) and (e) for area agencies local management responsibilities under this division. (c) Developing the respective responsibilities for the department and participating area agencies on aging. (d) Developing model language for area agencies on aging to use in their procurement and final contracts with direct service providers. (e) Enforcing statewide requirements to ensure compliance with the statutes and regulations necessary to carry out the purposes of this chapter and Chapter 7.5 (commencing with Section 9540). (f) Ensuring that a participating area agency on aging that has not been directly providing the services specified under the programs provided for in Chapter 7.5 (commencing with Section 9540) shall not commence directly providing these services until the department has reviewed and concurred with the area plan or update documentation demonstrating that the area agency can provide a comparable quality of these services at least as economically and at an enhanced benefit to the consumer or that there is not an adequate supply of these services in the affected area. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  13. 9534.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Certain contracts and service arrangements involving area agencies on aging are exempt from the Public Contract Code, and some agencies must keep existing service arrangements or use competitive procurement on a schedule tied to fiscal years and exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9534. (a) Contracts between the department and participating area agencies on aging shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (b) For the health insurance counseling and advocacy program, participating area agencies on aging that cover a single planning and service area shall maintain the existing service arrangements during the 1997–98 fiscal year, unless either a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and area agencies on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or if state funds cease to be budgeted for the specified services. (c) For the health insurance counseling and advocacy program, participating area agencies on aging that cover multiple planning and service areas shall enter into mutual agreements or joint powers agreements, or both, to maintain the existing service arrangements for the health insurance counseling and advocacy program for the 1997–98 fiscal year and for one additional year, if needed, but not to extend beyond June 30, 1999, unless either a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and area agency on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or if state funds cease to be budgeted for the specified services. (d) For the programs other than the health insurance counseling and advocacy program specified in Chapter 7.5 (commencing with Section 9540), participating area agencies on aging shall maintain the existing service arrangements during the 1997–98 fiscal year, unless either a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and area agency on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or if state funds cease to be budgeted for the specified services. (e) For the programs other than the health insurance counseling and advocacy program specified in Chapter 7.5 (commencing with Section 9540), participating area agencies on aging shall maintain the existing service arrangements during the 1998–99 fiscal year, unless a contractor terminates the agreement according to the terms and conditions of the existing contract, the state and the area agency on aging terminate the agreement for legal cause under the terms and conditions of the existing contract, or state funds cease to be budgeted for the specified services. (f) Subject to fiscal years specified in subdivisions (b) to (e), inclusive, participating area agencies on aging that elect not to provide the community-based services specified in Chapter 7.5 (commencing with Section 9540) directly, shall provide for the services through contracts awarded on the basis of a competitive proposal or bid process, or both, that is conducted at least once every four years, except that an area agency on aging shall not be required to conduct a full competitive process if all of the following conditions are met: (1) A request for application is published, and full outreach is conducted to reasonably notify all potential interested parties, such as formal advertisements in trade journals and association publications. (2) No applicants, in addition to current contractors, respond to the request for application. (3) Complete documentation of the outreach effort is maintained by the area agency on aging. (g) Any dispute regarding the procurement of, and the terms and conditions of the direct service contracts procured by the area agency on aging shall be resolved locally, consistent with subdivision (k) of Section 9535, and as specified in the local area agency procurement documents and contracts. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  14. 9535.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Area agencies on aging must carry out specified community-based services responsibilities, including contracting with the department, integrating programs into local planning, managing funding redirection steps, monitoring compliance, keeping records, reporting data, and arranging hearings.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9535. Area agencies on aging shall be responsible for, but not limited to, all of the following: (a) Contracting with the department to locally manage the community-based programs specified in and in accordance with the requirements of this chapter and Chapter 7.5 (commencing with Section 9540). (b) Integrating the community-based services programs contracted under this chapter into the local area plan development process. (c) Where the area agency on aging proposes to redirect funding under this chapter, the area agency shall ensure that it has submitted its recommendations to a locally formed advisory committee, that shall include consumers of long-term care services, representatives of local organizations of older adults, adults with functional impairments, representatives of employees who deliver direct long-term care services, and representatives of organizations that provide long-term care services. At least one-half of the members of the advisory committee shall be consumers of services provided under this chapter or their representatives. (d) In addition, where the area agency on aging proposes to redirect funding under this chapter, an administrative action plan shall be developed and shall receive the approval of the area agency’s governing board, which shall consider the input received pursuant to subdivision (c). The administrative action plan shall receive the governing board’s approval prior to submission to the department for final state approval. The administrative action plan shall be an update to the area plan. (e) Effective in the 1999–2000 fiscal year, and except for the health insurance counseling and advocacy program, determining which of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540) and contracted under the authority in this chapter will continue to be funded and the amount of funding to be allocated for that purpose. (f) Subject to Section 9534, providing directly, through contracts with other local governmental entities, or through competitively procured contracts, the community-based services programs. (g) When required pursuant to Chapter 875 of the Statutes of 1995, and subject to the annual Budget Act, relinquishing funding originally contracted under this chapter and the associated local management of the community-based services programs, and except for the health insurance counseling and advocacy program, to the long-term care integration pilot program. (h) Monitoring direct services contract performance and ensuring compliance with the requirements of this chapter and any other relevant state or federal laws or regulations and the nondiscrimination requirements set forth under Article 9.5 (commencing with Section 4135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (i) Appropriately expending and accounting for all funds associated with this chapter and providing access to all program books of account and other records to state auditors. (j) Maintaining a systematic means of capturing and reporting to the department all required community-based services program data, specified in paragraph (5) of subdivision (a) of Section 9102. (k) The governing body of each participating area agency shall establish a process within its area plan for requesting and providing a hearing for the programs specified under this chapter and Chapter 7.5 (commencing with Section 9540). A hearing shall be provided upon the request of either provider whose existing direct services contract is either terminated prior to its expiration date or reduced in scope outside of the state or federal budget process, or any applicant that is not selected in a direct service contract procurement process due to the alleged presence of a conflict of interest, procedural error or omission in solicitation request, or the lack of substantial evidence to support the award. (Amended by Stats. 2024, Ch. 337, Sec. 24. (SB 1249) Effective January 1, 2025.)
  15. 9536.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section limits how community-based services funds may be spent and caps reimbursement for administrative costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9536. (a) The state funds available for the community-based services programs may not be expended for services other than those specified in Chapter 7.5 (commencing with Section 9540), and shall be limited to the state funds appropriated to the department for the implementation of this chapter and Chapter 7.5 (commencing with Section 9540). (b) Reimbursement for administrative costs incurred by a participating area agency on aging in operating the community-based services network shall not exceed the administrative funding ratio allowed for area agencies on aging under Title III of the federal Older Americans Act (42 U.S.C. Sec. 3001, et seq.), and as specified in the contract. (c) The funding provided under this chapter may not be used to supplant the local matching requirements of other state and federal programs. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  16. 9537.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department’s funding for participating area agencies on aging must include specified funding proportions, and the amount for those purposes cannot fall below the 1997–98 base fiscal year amount, subject to the annual Budget Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9537. The funding contracted by the department to the participating area agencies on aging under this chapter shall consist of both of the following: (a) The proportion of local assistance funds appropriated to, and encumbered by, the department for direct services under the community-based services programs specified in Chapter 7.5 (commencing with Section 9540). (b) The proportion of state operations cost savings realized by the department that are directly attributable to the local management of the community-based services programs specified in Chapter 7.5 (commencing with Section 9540) and any additional funds subsequently appropriated for the administrative costs incurred by the area agencies on aging. (c) Subject to the annual Budget Act, in no event shall the amount appropriated to the participating area agency on aging for purposes of subdivisions (a) and (b), be less than that appropriated in the base fiscal year of 1997–98. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  17. 9538.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    People involved in managing or procuring services must avoid conflicts of interest, staff and volunteers must not do insurance-related business while connected to the programs, certain program officials may use service names only in limited settings, and covered personal information cannot be disclosed unless consent or a court order applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7. Community-Based Services Network [9530 - 9538] ( Chapter 7 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9538. (a) Persons involved in the procurement or management of services shall not engage in a conflict of interest, real or apparent. (b) Staff and volunteers shall not engage in the business of insurance or other related activity while associated with the community-based services programs. (c) For the services covered under the community-based services programs, no area agency or contract officer, employee, or board member shall use the formal names or acronyms for the services except in conjunction with the provision of covered services, official duty, and participation in specifically sanctioned events. (d) No information concerning any individual that is acquired by the department, the area agencies on aging, or service providers in the administration and delivery of community-based services specified in Chapter 7.5 (commencing with Section 9540), including the fact that an individual has sought or received services, shall be disclosed without the informed written consent of the individual to whom the information applies or unless pursuant to court order, after noticed hearing, irrespective of whether the person or party seeking disclosure already has the information, has other means of obtaining the information, had obtained a subpoena to obtain the information, or asserts any other basis or justification for disclosure of the information. Nothing in this subdivision shall preclude the exchange of information between the department, the area agencies on aging, and service providers which is necessary for the effective state and local administration and oversight of the programs involved, or the sharing of information with state licensing and certification agencies or law enforcement entities when the information is necessary for the performance of their respective duties. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  18. 9540.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Community-based services programs must meet the chapter’s minimum requirements, unless another provision says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9540. It is the intent of the Legislature to ensure that older adults and adults with functional impairments receive needed services that will enable them to maintain the maximum independence permitted by their functional ability and remain in their own home or communities for as long as possible. Except where otherwise provided, community-based services programs under the Community-Based Services Network shall meet all of the minimum requirements specified in this chapter. (Amended by Stats. 2024, Ch. 337, Sec. 25. (SB 1249) Effective January 1, 2025.)
  19. 9541.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    This section assigns the department and contractors duties for Medicare counseling services, sets registration and training conditions for counselors, and limits some volunteer counselor liability.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9541. (a) The Legislature finds and declares all of the following: (1) The purpose of the Health Insurance Counseling and Advocacy Program is to provide Medicare beneficiaries and those imminent of becoming eligible for Medicare with counseling and advocacy as to Medicare, private health insurance, and related health care coverage plans, on a statewide basis, and preserving service integrity. (2) Lack of health insurance literacy skills can lead to misinformation or mismatched insurance needs. (3) As health care options become increasingly complex, the Health Insurance Counseling and Advocacy Program plays a vital role in clarifying all aspects of the Medicare Program to the beneficiary served. (b) The department shall be responsible for, but not limited to, doing both of the following: (1) To act as a clearinghouse for information and materials relating to Medicare, managed care, health and long-term care related life and disability insurance, and related health care coverage plans. (2) To develop additional information and materials relating to Medicare, managed care, and health and long-term care related life and disability insurance, and related health care coverage plans, as necessary. (c) Notwithstanding the terms and conditions of the contracts, direct services contractors shall be responsible for, but not limited to, all of the following: (1) Advising, educating, and empowering Medicare beneficiaries to make informed choices among the array of options to best fit their needs. (2) Community education to the public on Medicare, long-term care planning, private health and long-term care insurance, managed care, and related health care coverage plans. (3) Counseling and informal advocacy with respect to Medicare, long-term care planning, private health and long-term care insurance, managed care, and related health care coverage plans. (4) Referral services for legal representation or legal representation with respect to Medicare appeals, Medicare related managed care appeals, and life and disability insurance problems. Legal services provided under this program shall be subject to the understanding that the legal representation and legal advocacy shall not include the filing of lawsuits against private insurers or managed health care plans. In the event that legal services are contracted for by the agency separately from counseling and education services, a formal system of coordination and referral from counseling services to legal services shall be established and maintained. (5) Educational services supporting long-term care educational activities aimed at the general public, employers, employee groups, older adult organizations, and other groups expressing interest in long-term care planning issues. (6) Educational services emphasizing the importance of long-term care planning, promotion of self-reliance and independence, and options for long-term care. (7) To the extent possible, support additional emphasis on community educational activities that would provide for announcements on television and in other media describing the limited nature of Medicare, the need for long-term care planning, the function of long-term care insurance, and the availability of counseling and educational literature on those subjects. (8) Recruitment, training, coordination, and registration, with the department, of health insurance counselors, including a large contingent of volunteer counselors designed to expand services as broadly as possible. (9) A systematic means of capturing and reporting all required community-based services program data, as specified by the department. (d) Participants who volunteer their time for the health insurance counseling and advocacy program may be reimbursed for expenses incurred, as specified by the department. (e) The department, the Department of Managed Health Care, and the Department of Insurance shall jointly develop interagency procedures for referring and investigating suspected instances of misrepresentation in advertising or sales of services provided by Medicare, managed health care plans, and life and disability insurers and agents. (f) (1) A health insurance counselor shall not provide counseling services under this chapter, unless the health insurance counselor is registered with the department. (2) A registered volunteer health insurance counselor shall not be liable for a negligent act or omission in providing counseling services under this chapter. Immunity shall not apply to health insurance counselors for any grossly negligent act or omission or intentional misconduct. (3) A registered volunteer health insurance counselor shall not be liable to any insurance agent, broker, employee thereof, or similarly situated person, for defamation, trade libel, slander, or similar actions based on statements made by the counselor when providing counseling, unless a statement was made with actual malice. (4) Before providing any counseling services, a health insurance counselor shall disclose, in writing, to a recipient of counseling services pursuant to this chapter that the counselor is acting in good faith to provide information about health insurance policies and benefits on a volunteer basis, but that the information shall not be construed to be legal advice, and that the counselor is generally not liable unless their acts and omissions are grossly negligent or there is intentional misconduct on the part of the counselor. (5) The department shall not register any applicant under this section unless the applicant has satisfactorily completed training that is approved by the department, and that consists of at least 24 hours of training that shall include, but is not limited to, all of the following subjects: (A) Medicare. (B) Life and disability insurance. (C) Managed care. (D) Retirement benefits and principles of long-term care planning. (E) Counseling skills. (F) Any other subject determined by the department to be necessary to the provision of counseling services under this chapter. (6) The department shall not register any applicant under this section unless the applicant has completed all training requirements and has served an internship of cocounseling of at least 10 hours with an experienced counselor and is determined by the local program manager to be capable of discharging the responsibilities of a counselor. An applicant shall sign a conflict of interest and confidentiality agreement, as specified by the department. (7) A counselor shall not continue to provide health insurance counseling services unless the counselor has received continuing education and training, in a manner prescribed by the department, on Medicare, managed care, life and disability insurance, and other subjects during each calendar year. (Amended by Stats. 2024, Ch. 337, Sec. 26. (SB 1249) Effective January 1, 2025.)
  20. 9541.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The California Department of Aging must assess an annual fee on specified health care service plans, and the collected fees must be placed in the State HICAP Fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9541.5. (a) The California Department of Aging shall assess annually a fee of not less than one dollar and forty cents ($1.40), but not more than one dollar and sixty-five cents ($1.65), on a health care service plan for each person enrolled in a health care service plan as of December 31 of the previous year under a prepaid Medicare program that serves Medicare eligible beneficiaries within the state, and on a health care service plan for each enrollee under a Medicare supplement contract, including a Medicare Select contract, as of December 31 of the previous year, to offset the cost of counseling Medicare eligible beneficiaries on the benefits and programs available through health maintenance organizations instead of the traditional Medicare provider system. (b) All fees collected pursuant to this section shall be deposited into the State HICAP Fund for the implementation of the Health Insurance Counseling and Advocacy Program, and shall be available for expenditure for activities as specified in Section 9541 when appropriated by the Legislature. (c) The department may use up to 7 percent of the fee collected pursuant to subdivision (a) for the administration, assessment, and collection of that fee. (d) It is the intent of the Legislature, in enacting this act and funding the Health Insurance Counseling and Advocacy Program, to maintain a ratio of two dollars ($2) collected from the Insurance Fund to every one dollar ($1) collected pursuant to subdivision (a). This ratio shall be reviewed by the Department of Finance within 30 days of January 1, 1999, and biennially thereafter to examine changes in the demographics of Medicare imminent populations, including, but not limited to, the number of citizens residing in California 55 years of age and older, the number and average duration of counseling sessions performed by counselors of the Health Insurance Counseling and Advocacy Program, particularly the number of counseling sessions regarding prepaid Medicare programs and counseling sessions regarding Medi-Gap programs, and the use of other long-term care and health-related products. Upon review, the Department of Finance shall make recommendations to the Joint Legislative Budget Committee regarding appropriate changes to the ratio of funding from the Insurance Fund and the fees collected pursuant to subdivision (a). (e) It is the intent of the Legislature that the revenue raised from the fee assessed pursuant to subdivision (a), and according to the ratio established pursuant to subdivision (d), be used to partially offset and reduce the amount of revenue appropriated annually from the Insurance Fund for funding of the Health Insurance Counseling and Advocacy Program. (f) There shall be established in the State Treasury a “State HICAP Fund” administered by the California Department of Aging for the purpose of collecting fee assessments described in subdivision (a), and for the sole purpose of funding the Health Insurance Counseling and Advocacy Program. (g) It is the intent of the Legislature that, starting in the 2005–06 fiscal year, two million dollars ($2,000,000) of additional funding shall be made available to local HICAP programs, to be derived from an increase in the HICAP fee and the corresponding Insurance Fund pursuant to subdivision (d). Any additional funding shall only be used for local HICAP funding and shall not be used for department or local area agencies on aging administration. (Added by renumbering Section 9757.5 by Stats. 2015, Ch. 303, Sec. 587. (AB 731) Effective January 1, 2016.)
  21. 9542.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    This section sets up the Alzheimer’s Day Care-Resource Center Program, requires the department to adopt policies and guidelines, and makes funding eligibility depend on meeting specified service, staffing, facility, training, funding-match, and reporting requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9542. (a) The Legislature finds and declares that the purpose of the Alzheimer’s Day Care-Resource Center Program is to provide access to specialized day care resource centers for individuals with Alzheimer’s disease and other dementia-related disorders and support to their families and caregivers. (b) The following definitions shall govern the construction of this section: (1) “Participant” means an individual with Alzheimer’s disease or a disease of a related type, particularly the participant in the moderate to severe stages, whose care needs and behavioral problems may make it difficult for the individual to participate in existing care programs. (2) “Other dementia-related disorders” means those irreversible brain disorders that result in the symptoms described in paragraph (3). This shall include, but is not limited to, multi-infarct dementia and Parkinson’s disease. (3) “Care needs” or “behavioral problems” means the manifestations of symptoms that may include, but need not be limited to, memory loss, aphasia (communication disorder), becoming lost or disoriented, confusion and agitation, with the potential for combativeness, and incontinence. (4) “Alzheimer’s day care resource center” means a center developed pursuant to this section to provide a program of specialized day care for participants with dementia. (c) The department shall adopt policies and guidelines to carry out the purposes of this section, and the adoption thereof shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) In order to be eligible to receive funds under this section, a direct services contract applicant shall do all of the following: (1) Provide a program and services to meet the special care needs of, and address the behavioral problems of, participants. (2) Provide adequate and appropriate staffing to meet the nursing, psychosocial, and recreational needs of participants. (3) Provide physical facilities that include the safeguards necessary to protect the participants’ safety. (4) Provide a program for assisting individuals who cannot afford the entire cost of the program. This may include, but need not be limited to, utilizing additional funding sources to provide supplemental aid and allowing family members to participate as volunteers at the applicant’s facility. (5) Utilize volunteers and volunteer aides and provide adequate training for those volunteers. (6) Provide a match of not less than 25 percent of the direct services contract amount consisting of cash or in-kind contributions, identify other potential sources of funding for the applicant’s facility, and outline plans to seek additional funding to remain solvent. (7) Maintain family and caregiver support groups. (8) Encourage family members and caregivers to provide transportation to and from the applicant’s facility for participants. (9) Concentrate on participants in the moderate to severe ranges of disability. (10) Provide or arrange for a noon meal to participants. (11) Serve as model centers available to other service providers for onsite training in the care of these patients. (12) Maintain a systematic means of capturing and reporting all required community-based services program data. (e) To the extent possible within their resources, direct services contract applicants are encouraged to: (1) Establish contact with local educational programs, such as nursing and gerontology programs, to provide onsite training to students. (2) Provide services to assist family members, including counseling and referrals to other resources. (3) Involve the center in community outreach activities and provide educational and informational materials to the community. (f) A direct services contractor shall be licensed as an adult day program, as defined in paragraph (2) of subdivision (a) of Section 1502 of the Health and Safety Code, or as an adult day health care center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and shall be subject to the requirements of this division, including this chapter, for purposes of operating an Alzheimer’s day care resource center. If the direct services contractor surrenders its adult day program or adult day health care center license, or if the license has been terminated as a result of noncompliance with applicable licensure or certification standards, these actions shall also serve to terminate the direct services contractor’s Alzheimer’s day care resource center contract. (g) An Alzheimer’s day care resource center that was not licensed as an adult day program or adult day health care center prior to January 1, 2005, shall be required to be so licensed by January 1, 2008. A direct services program that qualifies to operate as an Alzheimer’s day care resource center after January 1, 2005, shall be required to be licensed as an adult day program or adult day health care center. (h) Nothing in this chapter shall be construed to prevent existing adult day care services, including adult day health care centers, from developing a specialized program under this chapter. The applicants shall meet all of the requirements for direct services contractors in this chapter and satisfactorily demonstrate that the direct services contract funding award shall be used to develop a distinct specialized program for this target population. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 9. Effective July 28, 2009.)
  22. 9543.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The Brown Bag Program is meant to help sponsors and volunteers glean donated excess food and distribute bags of food to meet the nutritional needs of low-income older individuals.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9543. (a) The Legislature finds and declares that the purpose of the Brown Bag Program is to provide opportunities for sponsors and volunteers to glean through excess food stuffs that are donated, and distribute bags of food to help meet the nutritional needs of low-income older individuals. (b) For purposes of this section “low-income older individual” means a person 60 years of age or older, with an income no higher than that of the annual basic benefit level provided under the State Supplementary Program for a person who is blind, pursuant to subdivision (a) of Section 12200. (c) If services are being provided in compliance with subdivision (b) and it is then determined that a surplus of foodstuffs exists, the program may also provide these services to persons 60 years of age or older with an income that does not exceed 125 percent of the maximum income level for a low-income older individual, as specified in subdivision (b). The provision of services under this subdivision shall be contingent upon the availability of surplus food products, as determined by the local delivery site, and services shall be rendered within the limits of available funds. Services shall be provided to otherwise eligible low-income older individuals with incomes over the annual basic benefit level specified in subdivision (b) only after the local agency operating the program determines that the needs of low-income older individuals who meet all the requirements of subdivision (b) have been met. (d) In order to be eligible to receive funds under this chapter, a direct services contract applicant shall meet, but need not be limited to, all of the following conditions: (1) Provide a cash match of 25 percent and an in-kind match of 25 percent prior to receiving funds under Chapter 7 (commencing with Section 9530) and this chapter. (2) Use matching sources that are derived from, but are not limited to, city, county, and federal funds, contributions, and private or business donations. Priority shall be given to those local programs with a larger local match. State money shall be used as a catalyst for charitable contributions, including in-kind and local community support. (3) Operate under a board of directors, with at least one low-income older individual as a representative, and other interested persons from the community. (4) Provide adequate space to store food with necessary access to refrigerator and freezer storage. (5) Utilize volunteers to distribute produce and unsold foodstuffs to low-income older individuals. (6) Maintain a systematic means of capturing and reporting all required community-based services program data. (e) Food distributed to older adults shall comply with county health regulations. Except for any injury resulting from gross negligence or willful act, no county or county agency established pursuant to this chapter and no person who donates any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of the product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter. (Amended by Stats. 2024, Ch. 337, Sec. 27. (SB 1249) Effective January 1, 2025.)
  23. 9544.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The section sets rules for the Foster Grandparent Program, including what direct service contractors must do and what foster grandparent volunteers receive.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9544. (a) The Legislature finds and declares that the purpose of the Foster Grandparent Program shall be to provide personally meaningful volunteer community service opportunities to low-income older individuals through mentoring children with physical, developmental, or behavioral needs, in accordance with the federal National and Community Service Trust Act of 1993 (42 U.S.C. Sec. 12651 et seq.). (b) For purposes of this section, “foster grandparent volunteer” means an individual who is 60 years of age or older, has an insufficient income, as determined in accordance with Part 1208 of Title 45 of the Code of Federal Regulations, and provides at least four hours a day, five days a week of foster grandparent services under this chapter. (c) Direct service contractors shall meet all of the following requirements: (1) Be a city, county, city and county, or department of the state, or any suitable private, nonprofit organization, that demonstrates the ability to provide the specified services in a variety of settings, including, but not limited to, hospital pediatric wards, facilities for the physically, emotionally, or mentally impaired, correctional facilities, schools, daycare centers, and residences. (2) Recruit, select, train, and assign staff and volunteers. (3) Provide volunteer participants with the same benefits, transportation, stipends, and income exemptions as provided to the foster grandparent volunteers funded through the Corporation for National Service. (4) Provide or arrange for meals, transportation, and supervision for volunteers. (5) Provide benefits and meaningful volunteer service opportunities to low-income individuals 60 years of age and older. (6) Serve children under 21 years of age who have special needs or who could benefit from relationships with adults. (7) Provide services to persons, including, but not limited to, any of the following: (A) Infants that are premature and have failed to thrive, children who have been abused and neglected, or chronically ill children in hospitals. (B) Children who have autism, children with cerebral palsy or with intellectual or developmental disabilities, and children who have been placed in institutions. (C) Children with physical disabilities, children with intellectual or developmental disabilities, children with emotional challenges, or children who are socially and culturally isolated in school settings or childcare centers, children who have been neglected, and children who have been abused in residential settings. (D) Children who are delinquent and have been placed in correctional institutions. (E) Children under 19 years of age who have been charged with committing, or adjudged to have committed, an offense that is the equivalent to a misdemeanor. (8) Maintaining a systematic means of capturing and reporting all required community-based services program data. (d) In addition to the opportunity to help children who have physical, developmental, or behavioral needs and would benefit from relationships with adults, foster grandparent volunteers shall receive all of the following: (1) Expenses for transportation to and from their homes and the place where they render their services or may have transportation in buses or in other transportation made available to them. (2) One free meal during each day in which the foster grandparent renders services. (3) Accident insurance, an annual physical examination, and a nontaxable hourly stipend. (e) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute. (Amended by Stats. 2024, Ch. 337, Sec. 28. (SB 1249) Effective January 1, 2025.)
  24. 9545.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section sets out how the Linkages Program should provide care and case management services, and requires contractors, counties, and the department to follow funding, reporting, and enrollment-priority rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9545. (a) The Legislature finds and declares that the purpose of the Linkages Program shall be to provide care and case management services to at-risk older individuals and adults with functional impairments with priority for enrollment given to low-income individuals, to help prevent or delay placement in nursing facilities. For purposes of this section, “care or case management” means all of the following: (1) As appropriate, ongoing care or case management to at-risk older adults and adults with functional impairments to help prevent or delay placement in nursing facilities. (2) Client assessment, in conjunction with the development of a service plan with the participant and other appropriate persons, to provide for needs identified by the assessment. (3) Authorization and arrangement for the purchase of services, or referral, with followup, to volunteer, informal, or third-party payer services. Contractors shall maximize to the fullest extent possible the use of existing services resources before using program funds to purchase services for clients. Any benefits received as a result of these purchases either shall not be considered income for purposes of programs provided for under Division 9 (commencing with Section 10000) or shall not be considered an alternative resource pursuant to Section 12301. (4) Service and participant monitoring to determine that the services obtained are appropriate to need, of acceptable quality, and provided in a timely manner. (5) Followup with clients, including periodic contact and initiation of an interim assessment, if deemed necessary, prior to scheduled reassessment. (6) Assistance to older individuals entering or returning home from nursing facilities and who need help to make the transition. (7) Comprehensive and timely information, when necessary, to individuals and their families about the availability of community resources, to assist at-risk older adults and adults with functional impairments to maintain the maximum independence permitted by their functional ability. (8) Short-term specialized assistance, including timely one-time-only assistance in securing community resources, counseling, and the arrangement of an action plan, when there is a temporary probable threat to the ability of the at-risk older adult or adult with functional impairments to remain in the most independent living arrangement permitted by their functional ability. (b) Contractors of the Linkages Program shall have experience in community long-term care services and capability to serve the at-risk older adults and adults with functional impairments, and where applicable, ensure separateness of the programs and demonstrate protective measures to avoid conflict of interest. (c) Contractors of the Linkages Program shall have a systematic means of capturing and reporting all required community-based services program data. (d) (1) Each county shall deposit funds collected pursuant to Section 1465.5 of the Penal Code in its general fund, to be available for use only for the support of services provided under this chapter in that county, including county administrative costs not exceeding 10 percent of the funds collected, except as otherwise provided in this subdivision. A county may join with other counties to establish and fund a program of services under this chapter. (2) Funds utilized pursuant to this section shall not supplant, be offset against, or in any way reduce funds otherwise appropriated for the support of services provided under this chapter. (e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before September 1, 2009, the department shall issue a revised program manual, program memorandum, or similar instructions to contractors regarding the prioritization of low-income individuals. (2) Contractors shall give priority for enrollment to low-income individuals. (Amended by Stats. 2024, Ch. 337, Sec. 29. (SB 1249) Effective January 1, 2025.)
  25. 9546.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    Direct services contractors must carry out at least one listed respite-program function, such as recruiting and screening providers, matching providers with clients, arranging and purchasing respite services, or reporting program data.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9546. (a) The purpose of the Respite Program shall be to provide temporary or periodic services for older adults with severe functional or cognitive limitations to relieve persons who are providing care, or recruitment and screening of providers and matching respite providers to clients. (b) Direct services contractors shall do either one or more of the following: (1) In acting as a respite care information and referral agency, recruiting and screening respite providers and matching respite providers to clients. Respite care registries shall consist of the names, addresses, and telephone numbers of providers, including, but not limited to, individual caregivers, volunteers, adult daycare services, including adult day health care services and services provided by licensed residential care facilities for the elderly. (2) Arranging for and purchasing respite services for program participants. (3) Maintaining a systematic means of capturing and reporting all required community-based services program data. (c) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute. (Amended by Stats. 2024, Ch. 337, Sec. 30. (SB 1249) Effective January 1, 2025.)
  26. 9547.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section sets the purpose of the Senior Companion Program and defines who counts as a senior companion volunteer. It also lists what direct service contractors must do, what senior companions funded under the chapter may receive, and when the section can operate.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 7.5. Community-Based Services Programs [9540 - 9547] ( Chapter 7.5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9547. (a) The purpose of the Senior Companion Program shall be to provide personally meaningful volunteer community service opportunities to older adults who are low income for the benefit of adults who need assistance with activities of daily living. It is the purpose of this chapter to enable older individuals to provide care and support on a person-to-person basis to adults with special needs, such as older adults who are at risk for institutionalization, in accordance with the National and Community Service Trust Act of 1993 (42 U.S.C. Sec. 12651 et seq.). (b) For the purposes of this chapter “senior companion volunteer” means an older adult who is 60 years of age or older, who is low-income, as determined in accordance with Part 1208 of Title 45 of the Code of Federal Regulations, and provides at least four hours a day, five days a week, of senior companion services under this chapter. (c) Requirements of direct service contractors: (1) Be a city, county, city and county, or department of the state, or any suitable private, nonprofit organization, that demonstrates the ability to provide the specified services in a variety of settings, including, but not limited to, in residential, nonresidential, institutional and in-home settings. (2) Demonstrate the ability to recruit, select, train, and assign staff and volunteers. (3) Provide volunteer participants with the same benefits, transportation, stipends, and income exemptions as provided to the senior companion volunteers funded through the Corporation for National Service. (4) Provide or arrange for meals, transportation, and supervision for volunteers. (5) Provide benefits and meaningful volunteer service opportunities to low-income individuals 60 years of age or older. (6) Serve adults who have severe functional impairments. (7) Provide services to, but not limited to, all of the following: (A) Older adults who have severe functional or cognitive limitations that result in an individual’s inability to leave the home. (B) Individuals with mental or neurological impairments who are capable of participating in activities, but have been denied access to those activities. (C) Older adults who have withdrawn from all social interaction. (D) Adults with physical disabilities who wish to participate in home- and community-based services programs, but who remain on waiting lists until there is an opening. (8) Maintain a systematic means of capturing and reporting all required community-based services program data. (d) In addition to the opportunity to help other adults who have special needs, such as at-risk older adults, senior companion volunteers shall receive all of the following: (1) Expenses for transportation to and from their homes and the place where they render their services or transportation in buses or in other transportation made available to them. (2) One free meal during each day in which the senior companion renders services. (3) Accident insurance, an annual physical examination, and a nontaxable hourly stipend. (e) Senior companions funded under this chapter shall not be assigned to individuals already receiving in-home supportive services. (f) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or in another statute. (Amended by Stats. 2024, Ch. 337, Sec. 31. (SB 1249) Effective January 1, 2025.)
  27. 9560.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section says the chapter’s purpose is to create the Multipurpose Senior Services Program for frail elderly people 65 and older who can be placed in a nursing facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9560. (a) The purpose of this chapter shall be to establish a program to serve frail elderly individuals 65 years of age and older who are certifiable for placement in a nursing facility. This program shall be known as the Multipurpose Senior Services Program, and shall be structured and carried out in a manner consistent with Section 1396n(c) of Title 42 of the United States Code. (b) This chapter clarifies the intent of the Legislature that the Multipurpose Senior Services Program shall continue: (1) To prevent premature disengagement of older individuals from their indigenous communities and subsequent commitment to institutions. (2) To provide optimum accessibility of various important community social and health resources available to assist active older individuals to maintain independent living. (3) To provide that the frail older individual who has the capacity to remain in an independent living situation has access to the appropriate social and health services without which independent living would not be possible. (4) To provide the most efficient and effective use of public funds in the delivery of these social and health services. (5) To coordinate, integrate, and link these social and health services, including county social services, by removing obstacles that impede or limit improvements in delivery of these services. (6) To allow the state substantial flexibility in organizing or administering the delivery of social and health services to its older individuals. (7) To provide access to social and health services by providing information and outreach activities in the community. (Amended by Stats. 1999, Ch. 859, Sec. 1. Effective January 1, 2000.)
  28. 9561.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section allows program services to be purchased with program funds or obtained from other community sources.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9561. Program services provided pursuant to this chapter may be purchased by program funds or received from other community sources that consist of, but are not limited to, case management services, recreation services, educational services, senior center programs, information and referral services, transportation, income maintenance counseling, housing services, outreach services, volunteer programs, legal services, home repair services, escort services, telephone reassurance services, friendly visiting services, health assessment services, psychological assessment services, nutrition services, home health services, preventive health services, mental health services, homemaker chore services, meals services, adult day care services, including adult day health care, and nonmedical respite care services. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  29. 9562.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must administer this chapter under an approved interagency agreement with the State Department of Health Services. Other Health and Welfare Agency departments must, if federal law allows and the agency requests it, waive regulations and general policies and provide needed resources.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9562. (a) This chapter shall be administered by the department, under the authority of an approved interagency agreement with the State Department of Health Services, the single state medicaid agency. (b) To the extent permitted by federal law, each department within the Health and Welfare Agency including departments designated as single state agencies for the programs described in Section 9561, shall waive regulations and general policies and make resources available which are necessary for the administration of this chapter, upon request of the agency. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  30. 9563.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must set criteria for approving and designating local Multipurpose Senior Services Program sites.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9563. The department shall formulate criteria for approval and designation of local Multipurpose Senior Services Program sites. The criteria shall include, but need not be limited to, all of the following: (a) Specifications for a social and health review team to evaluate older individuals and to ensure that continuity of social, economic, and health services is provided to maintain older individuals at the appropriate level of care. (b) Development of social and health services necessary to maintain the older individual at the appropriate level of care. (c) Specifications for the quality of the social and health services to be provided. (d) Coordination and integration of the social and health services described in Section 9561. (e) The number of local sites, which shall be consistent with the funds made available for purposes of this chapter. (f) Coordination with local governmental and nonprofit agencies concerned with multipurpose senior services. (g) Maximize utilization of local resources, including service provided by established community-based senior citizen organizations and information and referral networks. (h) Specifications for the evaluation of the proposals submitted for the new local sites and for the evaluation of the local sites. (i) Conditions for determining the need for procurement of existing sites. Notwithstanding any other provisions of law, the department is not required to procure existing sites by the competitive bidding process, unless it deems it in the best interests of the state to do so. (Amended by Stats. 2000, Ch. 558, Sec. 1. Effective January 1, 2001.)
  31. 9564.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The chapter does not bar expanding Multipurpose Senior Services Program services if cost effectiveness is shown.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9564. Nothing in this chapter shall preclude expansion of Multipurpose Senior Services Program services if cost effectiveness is demonstrated. The expansion shall be accomplished by establishing new sites, by increasing numbers of clients served in existing sites, or by expanding the number of sites to include additional geographic regions of the state. (Amended by Stats. 2000, Ch. 135, Sec. 171. Effective January 1, 2001.)
  32. 9565.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must carry out several program administration tasks for local sites, and local sites may contract with the Director of Health Services as Medi-Cal programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9565. The department shall do all of the following: (a) Enter into agreements and negotiated contracts with any nonprofit organization or governmental entity to operate the local sites, consistent with the criteria adopted pursuant to Section 9563. In letting these contracts, the department shall not anticipate future appropriations. (b) Make grants to local sites from available funds. (c) Monitor local sites. (d) Cause the service sites to be evaluated in accordance with the established criteria. (e) Seek and utilize any available federal, state, or private funds that may be available for carrying out the purposes of this chapter. (f) Notwithstanding any other provision of law, local sites established pursuant to this chapter may contract with the Director of Health Services as Medi-Cal programs pursuant to Chapter 8 (commencing with Section 14200) of Part 3 of Division 9. Contracts with the local sites shall be deemed to be for the purposes specified in Section 14494, and may utilize funds appropriated from the Health Care Deposit Fund pursuant to Section 14157. (g) Assist in coordinating local site programs with local governmental programs and services for older individuals. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  33. 9566.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department may advance up to 25% of the program’s estimated annual allocation to the local government or private nonprofit administering agency when needed for effective operation.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9566. The department may, where necessary to ensure the effective operation of a multipurpose senior services program, advance to the program’s local government and private nonprofit administering agency, an amount not to exceed 25 percent of the estimated annual allocation to the program, under this chapter, as determined by the department pursuant to the estimated annual budget submitted by the program. Subsequent payments to the local government and private nonprofit administering agency for the Multipurpose Senior Services Program shall be prorated to reflect any advance payment made under this section. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  34. 9567.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This chapter stays in effect only while the required federal waiver has been granted.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9567. This chapter shall remain in effect so long as a waiver pursuant to Section 1396n(c) of Title 42 of the United States Code has been granted by the federal Department of Health and Human Services to the State Department of Health Services. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  35. 9568.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must seek approvals and try to expand the Multipurpose Senior Services Program and related case management services.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 8. Multipurpose Senior Services Program [9560 - 9568] ( Chapter 8 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9568. The department shall explore options for, and obtain necessary legislative and governmental agency approvals to expand, the Multipurpose Senior Services Program. The department shall attempt to obtain the necessary federal approval to expand access to case management services into every planning and service area in the state and to improve the delivery of case management services. (Added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  36. 960.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The governing board of an adjustment school may take lawful actions it considers necessary to support the school’s prosperity and the well-being and education of minors in its care.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 960. This article shall be construed in conformity with the intent as well as the expressed provisions thereof, and the governing board of any adjustment school may do all those lawful acts that it deems necessary to promote the prosperity of the adjustment school, or to promote the well-being and education of all minors entrusted to its charge. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  37. 961.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    This section says that Article 25 and Section 579 apply to proceedings under this article, as far as they are applicable.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 961. The terms and provisions of Article 25 (commencing with Section 900) of Chapter 2 of Part 1 of Division 2 and Section 579 shall, so far as applicable, govern and control proceedings under this article. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  38. 962.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    County and city-and-county governing bodies may create and run adjustment schools for minors under 18.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 962. The boards of supervisors or other governing bodies of counties and cities and counties may organize, establish, equip, and maintain, including the purchase of suitable sites and the construction of suitable buildings, adjustment schools in each county or city and county for the purpose of furnishing to minors under the age of 18 years pursuant to this article, care, custody, education, training, and adjustment to good citizenship, which shall be continuous and uninterrupted during the period the minors remain in school. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  39. 9625.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 9.5. Multipurpose Senior Centers And Senior Centers Emergency Operations Plans [9625- 9625.] ( Chapter 9.5 added by Stats. 2006, Ch. 620, Sec. 2. )

    Verify source ↗

    Multipurpose senior centers and senior centers must develop and maintain a written emergency operations plan by June 30, 2007, and coordinate its development with specified agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 9.5. Multipurpose Senior Centers And Senior Centers Emergency Operations Plans [9625- 9625.] ( Chapter 9.5 added by Stats. 2006, Ch. 620, Sec. 2. ) ## 9625. (a) No later than June 30, 2007, each multipurpose senior center and each senior center, as defined in subdivisions (j) and (n) of Section 9591, shall develop and maintain a written emergency operations plan. This emergency operations plan shall include, but not be limited to, all of the following: (1) Facility preparation procedures to identify the location of first aid supplies, secure all furniture, appliances, and other free-standing objects, and provide instructions for operating gas and water shutoff valves. (2) An inventory of neighborhood resources that shall include, but not be limited to, the identification and location of all the following nearby resources: (A) Generators. (B) Telephones. (C) Hospitals and public health clinics. (D) Fire stations and police stations. (3) Evacuation procedures, including procedures to accommodate those who will need assistance in evacuating the center. This evacuation plan shall be located in an area that is accessible to the public. (4) Procedures to accommodate seniors, people with disabilities, and other community members in need of shelter at the senior center, in the event that other community facilities are inoperable. (5) Personnel resources necessary for postdisaster response. (6) Procedures for conducting periodic evacuation drills, fire drills, and earthquake drills. (7) Procedures to ensure service continuation after a disaster. (8) Consideration of cultural and linguistic barriers in emergency and evacuation plans, and ways to appropriately address those barriers. (b) In the development of the emergency operations plans required by this chapter, multipurpose senior centers and senior centers shall coordinate with the Office of Emergency Services, the local area agency on aging, as defined in Section 9006, and other relevant agencies and stakeholders. (Amended by Stats. 2013, Ch. 352, Sec. 537. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  40. 963.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    Boards of supervisors in two or more counties may join together to create, equip, and maintain adjustment schools, and the schools must be located in one or more of the agreed counties.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 963. The boards of supervisors of two or more counties may by regularly adopted resolutions or ordinances duly entered on the minutes or proceedings of their respective boards, unite in the organization, establishment, equipment, and maintenance of adjustment schools for the respective counties. In that event, the schools shall be located in one or more of the counties as shall be mutually agreed upon and designated in the resolutions or ordinances. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  41. 9630.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10. Aging Information and Education [9630 - 9631] ( Chapter 10 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must try to increase public awareness about topics important to older adults, their families, and caregivers.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10. Aging Information and Education [9630 - 9631] ( Chapter 10 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9630. As part of its role in providing leadership in advocating on behalf of older adults, the department shall make efforts to increase public awareness about areas of importance to California’s older adults their families, and other caregivers. These efforts to increase public awareness and education may be accomplished through the use of public service announcements, radio and television commercials or infomercials, access on the internet, newspaper and other periodical editorials and letters to the editor, public and corporate symposiums, symposiums or educational efforts by public or private schools, colleges, and universities, and mass transit and outdoor signage. (Amended by Stats. 2024, Ch. 337, Sec. 33. (SB 1249) Effective January 1, 2025.)
  42. 9631.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10. Aging Information and Education [9630 - 9631] ( Chapter 10 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must establish an Aging Information and Education Fund using funds made available through the annual Budget Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10. Aging Information and Education [9630 - 9631] ( Chapter 10 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9631. (a) The department shall establish an Aging Information and Education Fund, from funds made available pursuant to the annual Budget Act, to implement public awareness of various issues, including at least the following areas: (1) Medication management—to call attention to the large percentage of older individuals admitted to hospitals solely due to the mismanagement of prescribed and over-the-counter drugs, the need for proper and timely use of medications, and the role of the attending physicians in prescribing medications and their interactive potential for harm. (2) Elder abuse prevention—to work in conjunction with state and local law enforcement entities to bring focus to the need to protect older individuals from physical, emotional, and fiduciary abuse, so that they may continue to live with peace of mind about their safety. (3) Toll-free line for linkage to local service networks—to develop and make the public aware of a single statewide toll-free telephone number for access to local information about services available to the community for older individuals and persons with functional impairments. (b) The sources of funding that may be used for this purpose include any nonprofit foundation, funds privately donated by individuals, and one-time-only funds designated for state operations. Nothing in this chapter shall be construed to authorize any expenditures that are not otherwise allowable by the originating source of the funding. (Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 6. Effective January 1, 1998.)
  43. 964.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    If adjustment schools are run by only one county or city and county, the county’s board of supervisors or other governing body may choose the governing board.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 964. If adjustment schools are organized by only one county or city and county, the government and management shall be vested in a governing board which shall be either the board of education, or similar school governing body, or the county probation committee of the juvenile court, or a board of trustees composed of seven members selected from both the board of education and the probation committee, as may be determined or chosen in the exercise of sound discretion by the board of supervisors or other governing body of the county or city and county. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  44. 965.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    County boards of supervisors may, by joint resolutions, assign the government and management of jointly organized adjustment schools to a governing board.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 965. If the adjustment schools are organized by the joint action of two or more counties, the boards of supervisors of the counties may by concerted action by duly adopted resolutions entrust the government and management to a governing board, which shall be any of the following: (a) The board of education of the county in which at least one adjustment school is located. (b) The probation committee of the juvenile court of the county in which at least one adjustment school is located. (c) A board of trustees composed of seven members who shall represent all of the counties and each of whom may be selected from either the county board of education or the probation committee of the juvenile court of his or her respective county as shall be determined in the joint resolutions of the boards of supervisors. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  45. 9650.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

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

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9650. The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  46. 9651.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    This section defines “wellness” as improving opportunities for physical, social, and mental well-being to support healthy life expectancy, productivity, and quality of life in older age.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9651. “Wellness” means optimizing opportunities for physical, social, and mental well-being throughout the course, in order to extend healthy life expectancy, productivity, and quality of life in older age. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  47. 9652.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    “Older adult” means a person who is 60 years of age or older.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9652. “Older adult” means any person 60 years of age or older. (Amended by Stats. 2024, Ch. 337, Sec. 35. (SB 1249) Effective January 1, 2025.)
  48. 9653.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    This section defines “person with a disability” by reference to federal regulations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9653. “Person with a disability” means the same as the term is defined by regulations established pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended in 1992 (29 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  49. 9654.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    This section defines “older adult wellness program” as the program established under Article 2 starting at Section 9660.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 1. General [9650 - 9654] ( Article 1 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9654. “Older adult wellness program” means the program established pursuant to Article 2 (commencing with Section 9660). (Amended by Stats. 2024, Ch. 337, Sec. 36. (SB 1249) Effective January 1, 2025.)
  50. 966.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    If a board of trustees is chosen to run the adjustment school, the trustees’ normal term is six years.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 966. If a board of trustees is chosen to govern and manage the adjustment school the term of office of the trustees shall be six years, except that of the seven trustees first selected, two shall hold office for two years, two shall hold office for four years, and three shall hold office for six years. Each of the two-, four-, and six-year terms shall be assigned by lot to each of the seven trustees. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  51. 9660.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. )

    Verify source ↗

    This section says the California Department of Aging has an older adult wellness program.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. ) ## 9660. There is in the California Department of Aging an older adult wellness program. (Amended by Stats. 2024, Ch. 337, Sec. 38. (SB 1249) Effective January 1, 2025.)
  52. 9661.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. )

    Verify source ↗

    The older adult wellness program must carry out education, outreach, and resource-information functions, and its materials must accommodate different languages and Braille.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. ) ## 9661. (a) The older adult wellness program shall have all of the following functions: (1) Focus on educating California’s older adults, as well as caregivers, families, and health care professions, about the importance of living a healthy lifestyle, including, but not limited to, nutrition, exercise, injury prevention, and mental well-being. (2) Provide information on, and help California’s culturally and ethnically diverse older adults and adults with, functional impairments. (3) Provide educational information on the resources and services available for older adults from both private and public entities in communities throughout the state and the area agencies on aging. The educational material shall accommodate the diverse linguistic needs of various populations in the state, including, but not limited to, English, Spanish, Russian, Chinese, and Braille. (4) Promote education and training for professionals and caregivers who work directly with older adults in order to maximize wellness. (5) Generate a cultural shift to a more positive vision and expectation with respect to how aging is viewed by all Californians. (6) Transform perceptions of aging into a more hopeful, appreciative, and aspiring mode of being. (7) Create a new culture that cherishes each of us, including the population of older adults, adults with disabilities, our aging, our ethnic and racial diversity, our becoming elders, and our maturity. (8) Advance the recognition of the unique status, experience, capacity, and role of older adults to become our models for guidance and inspiration. (9) Replace the image of older adults who are “self-interested” with an image of older adults who are actively engaged and involved in their communities. (10) Promote and mobilize older adults and adults with disabilities into emerging roles for the public benefit. (11) Challenge the prevailing culture, to the extent that it discounts the value of age. (12) Rid our culture of the negative attitudes toward adults who are aging and adults with disabilities. (b) Notwithstanding Section 9663, state funds shall not be appropriated for the purpose of implementing paragraphs (5) to (12), inclusive, of subdivision (a), and the department is not required to undertake implementation of those paragraphs, unless it receives federal or private funds for that purpose. (Amended by Stats. 2024, Ch. 337, Sec. 39. (SB 1249) Effective January 1, 2025.)
  53. 9662.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. )

    Verify source ↗

    The department must deliver or arrange delivery of older adult wellness program information using multiple channels such as internet, radio, television, newspapers, brochures, posters, and newsletters.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. ) ## 9662. The department shall deliver, or provide for the delivery of, older adult wellness program information through a variety of means, including, but not limited to, the internet, radio, television, and newspaper advertising, brochures, posters, and newsletters. (Amended by Stats. 2024, Ch. 337, Sec. 40. (SB 1249) Effective January 1, 2025.)
  54. 9663.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. )

    Verify source ↗

    This article applies only when funds are available in the annual Budget Act or another statute.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2. Older Adult Wellness Program [9660 - 9663] ( Heading of Article 2 amended by Stats. 2024, Ch. 337, Sec. 37. ) ## 9663. This article shall be implemented only to the extent funds are made available for the purposes of this article in the annual Budget Act or another statute. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  55. 9664.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2.5. Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults [9664 - 9665] ( Article 2.5 added by Stats. 2002, Ch. 541, Sec. 16. )

    Verify source ↗

    The Legislature defines ageism and states its intent to encourage partnerships that combat ageism in the workplace.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2.5. Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults [9664 - 9665] ( Article 2.5 added by Stats. 2002, Ch. 541, Sec. 16. ) ## 9664. (a) The Legislature finds and declares all of the following: (1) Ageism is the systematic stereotyping of, and discrimination against, persons based on age. (2) Ageism is manifested, at both the individual and institutional levels, in a range of ways, from the perpetuation of stereotypes and myths about aging and older adults, the dislike and outright disdain of elders, and the simple subtle avoidance of contact with elders, to discriminatory practices against elders in housing, employment, and services. (b) It is the intent of the Legislature to enact legislation to encourage the development of partnerships addressed at combating ageism in the workplace. (Amended by Stats. 2024, Ch. 337, Sec. 41. (SB 1249) Effective January 1, 2025.)
  56. 9665.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2.5. Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults [9664 - 9665] ( Article 2.5 added by Stats. 2002, Ch. 541, Sec. 16. )

    Verify source ↗

    The section says the Department of Aging should work with the named coalition to help change attitudes about aging, and state funds cannot be used for implementation.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 2.5. Campaign to Change Cultural Attitudes Toward and Perceptions of Older Adults [9664 - 9665] ( Article 2.5 added by Stats. 2002, Ch. 541, Sec. 16. ) ## 9665. (a) The Legislature requests that the California Department of Aging partner with the Industry Coalition on Age Equity in Media, which is a joint coalition of the California Commission on Aging, Women in Film, and the Employment Development Department, to work with the entertainment industry in an effort to change cultural attitudes and perceptions of aging and older adults, with the goals of making the workplace more receptive to older workers and eradicating ageism in society. (b) It is the intent of the Legislature, in enacting this act, to generate pervasive, profound, and positive changes in our culture, vision, and attitudes toward aging. (c) State funds shall not be appropriated for purposes of implementing this section. The department is not required to undertake any new task pursuant to this section unless it receives federal or private funds for that purpose. (Added by Stats. 2002, Ch. 541, Sec. 16. Effective January 1, 2003.)
  57. 967.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The governing board must make needed rules for running the adjustment school and ensure minors receive proper care, custody, education, and training.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 967. The governing board shall make all needful rules and regulations for the transaction of business and for the management and government of the adjustment school under its jurisdiction, and it shall see that proper care, custody, education, and training are provided for the minors under its care, to the end that the minors shall be adjusted to good citizenship and prepared to become honorable, self-supporting members of society. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  58. 9675.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    This article may be cited as the Program for Injury Prevention in the Home Environment.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9675. This article shall be known and may be cited as the Program for Injury Prevention in the Home Environment. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  59. 9676.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    The program is established, and the department must provide grants to eligible local level entities for injury prevention information and education programs and services.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9676. The Program for Injury Prevention in the Home Environment is hereby established. The department, through the Senior Housing and Information Support Center in the department, shall provide grants to eligible local level entities for injury prevention information and education programs and services pursuant to this article for the purpose of increasing the awareness and prevention of injuries. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  60. 9677.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    The department may give program grants to eligible local public agencies or nonprofit organizations for specified injury-prevention services.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9677. The department may provide a program grant to an eligible local public agency or nonprofit organization for the services specified in Section 9678 and for the following services: (a) Provision of information and education regarding injury prevention to older adults and persons with disabilities living in the community. (b) Comprehensive assessment of individual injury prevention needs. (c) Consultation and instruction in the behavioral, physical, and environmental aspects of injury prevention. (d) Mitigation of behavioral and physical factors. (Amended by Stats. 2024, Ch. 337, Sec. 42. (SB 1249) Effective January 1, 2025.)
  61. 9678.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    The program must fund injury-prevention equipment and related costs for eligible homeowners and renters, and participating local entities must follow this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9678. (a) The Program for Injury Prevention in the Home Environment shall include funding for injury prevention needs, including injury prevention equipment and activities as well as material and labor costs, for homeowners and renters meeting income requirements established pursuant to subdivision (d). A local level entity selected to participate in the program shall comply with all of the requirements of this section in implementing the program. (b) Equipment and activities covered under the program shall include all of the following: (1) Grab bars, nonskid surfaces, shower seats, and transfer benches. (2) Indoor and outdoor handrails. (3) Reconfiguration of furniture and other elements of the physical home environment to reduce hazards. (c) The payment for injury prevention equipment and services shall not exceed a seven-hundred-dollar ($700) maximum allowance per household. (d) Eligibility for equipment and services, as described in this section, shall be limited to families, households, and individuals whose incomes do not exceed 80 percent of the county median income, with adjustments for family and household size. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  62. 9679.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    The department must develop training and assessment tools, establish service standards, and award grants based on compliance with those standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9679. (a) The department, in consultation with groups, including, but not limited to, the State and Local Injury Control section of the State Department of Health Services, and other groups knowledgeable and experienced in senior and disabled injury prevention, such as research-based university gerontology departments with extensive experience and work with the concept of aging in place and the benefits of home modification, a research center on gerontology, as well as local public health agencies, shall develop training and assessment tools necessary for carrying out this article. (b) The department shall establish service standards that ensure that members of the population needing services under this article are identified and that the services provided assist them in living safely in their homes and apartments. The department shall award grants based upon compliance with these standards. The standards shall include, but not be limited to, a service planning process that is target-population based and includes both of the following: (1) A determination of the number of clients to be served and the programs and services that will be provided to meet the injury prevention needs of those clients. (2) Plans for services including outreach, design of injury prevention services, coordination, and access to education and assessment services. (Added by Stats. 2001, Ch. 689, Sec. 4. Effective January 1, 2002.)
  63. 968.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The governing board must make the contracts needed to organize, establish, operate, and maintain the adjustment school, and it must not exceed or violate budget or other legal limits.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 968. The governing board shall make all contracts for the organization, establishment, including the purchase of a suitable site and the construction of suitable buildings, equipment, operation, and maintenance of the adjustment school that may be necessary or advisable. In no event shall the amount of money appropriated for any such purpose or other limitation prescribed by law or by order of the governing board, be exceeded or violated. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  64. 9680.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    The director must set grant-award methodology for this program and consult specified groups to develop grant criteria and performance measures.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9680. (a) The director shall establish a methodology for awarding grants under this article, in consultation with groups described in subdivision (a) of Section 9679. The director shall consult with these groups to develop criteria for the award of grants and the identification of specific performance measures. (b) The criteria to be considered in the award of grants shall include, but not be limited to, all of the following: (1) The description of a plan for providing outreach, prevention, intervention, and evaluation in a cost appropriate manner. (2) The ability of the local level entities to engage in collaborations with local entities for purposes of program coordination, including, but not limited to, public and private nonprofit agencies that are experienced in injury prevention services, home modification services, home safety services, and services for older adults and people with disabilities. (3) The ability of local level entities to gather and utilize other resources to supplant funding provided by the department. (4) Demonstrated proficiency in, and awareness of, relevant issues in working with older adults and people with disabilities, particularly in relation to home modification and injury prevention. (5) The description of the local population to be served, the ability to administer an effective service program, and the degree to which local agencies and advocates will support and collaborate with program efforts. (6) The geographical representation of the applicants. (7) The provision of a local match in funds. (c) The funding provided pursuant to this article shall be sufficient to provide injury prevention education and assessment services and equipment and activities necessary for injury prevention in the home. (Amended by Stats. 2024, Ch. 337, Sec. 43. (SB 1249) Effective January 1, 2025.)
  65. 9681.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. )

    Verify source ↗

    Projects under this article can be funded only if the Legislature appropriates money, and each grant may be up to $150,000.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 10.5. Older Adult Wellness Program [9650 - 9681] ( Heading of Chapter 10.5 amended by Stats. 2024, Ch. 337, Sec. 34. ) ## ARTICLE 3. Program for Injury Prevention in the Home Environment [9675 - 9681] ( Article 3 added by Stats. 2001, Ch. 689, Sec. 4. ) ## 9681. (a) Funding of projects pursuant to this article shall be subject to the appropriation of funds by the Legislature in the Budget Act or another statute. (b) Appropriations made pursuant to subdivision (a) shall be expended to fund grants to eligible local public agencies or nonprofit organizations in an amount not to exceed one hundred fifty thousand dollars ($150,000) each. (Amended by Stats. 2002, Ch. 664, Sec. 233. Effective January 1, 2003.)
  66. 969.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    People connected to an adjustment school may not have a personal or indirect interest in school contracts, purchases, sales, or other business for the school.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 969. No member of the governing board, nor officer, nor employee of any adjustment school shall be interested, personally, directly, or indirectly, in any contract, purchase, or sale made, or in any business carried on in behalf of the school. Any money paid on the contracts or sales may be recovered by a civil suit, and the governing board upon the proof of such interest shall remove from office immediately the member, officer, or employee. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  67. 970.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The governing board of an adjustment school must appoint a superintendent who is not one of its own members and who is qualified by training and experience.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 970. The governing board of the adjustment school shall appoint a superintendent, not of its own number, who shall be a person qualified by training and experience for the character of work to be performed at the adjustment school, and who shall hold office at the pleasure of the governing board. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  68. 9700.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 1. Legislative Intent and Definitions [9700 - 9701] ( Article 1 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section states California’s policy to support community contact with older adults in long-term care settings and says the chapter should not restrict existing relationships with ombudspersons. It also says the Long-Term Care Ombudsman Program must be specifically defined to comply with federal law and help protect residents’ civil and human rights.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 1. Legislative Intent and Definitions [9700 - 9701] ( Article 1 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9700. (a) The Legislature recognizes that the department, pursuant to a grant from the federal government, has established a Long-Term Care Ombudsman Program. (b) The Legislature declares that it is the public policy of this state to encourage community contact and involvement with older adult patients or residents of long-term care facilities or residential facilities through the use of volunteers and volunteer programs, and this chapter does not limit or constrict the continuation of relationships established between ombudspersons, the older adult patients or residents of long-term care facilities or residential facilities, and the operators of these facilities. (c) The Legislature finds that in order to comply with the federal Older Americans Act (42 U.S.C. Sec. 3001, et seq.), as amended, and to effectively assist residents, patients, and clients of long-term care facilities in the assertion of their civil and human rights, the structure, powers, and duties of the Long-Term Care Ombudsman Program must be specifically defined. (Amended by Stats. 2024, Ch. 337, Sec. 44. (SB 1249) Effective January 1, 2025.)
  69. 9701.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 1. Legislative Intent and Definitions [9700 - 9701] ( Article 1 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    This section defines key terms used in the chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 1. Legislative Intent and Definitions [9700 - 9701] ( Article 1 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9701. Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the interpretation of this chapter: (a) “Approved organization” means any public agency or other appropriate organization that has been designated by the Office of the State Long-Term Care Ombudsman to hear, investigate, and resolve complaints made by or on behalf of patients or residents of long-term care facilities relating to matters that may affect the health, safety, welfare, and rights of these patients or residents. (b) “Long-term care facility” means any of the following: (1) Any nursing or skilled nursing facility, as defined in Section 1250 of the Health and Safety Code, including distinct parts of facilities that are required to comply with licensure requirements for skilled nursing facilities. (2) Any residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code. (c) “Office” means the Office of the State Long-Term Care Ombudsman, including approved organizations. (d) “Ombudsman coordinator” means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsman program, including the implementation of federal and state requirements governing the office. (e) “Resident” or “patient” means an individual living in a long-term care facility. (f) “State Ombudsman” means the State Long-Term Care Ombudsman. (Amended by Stats. 2012, Ch. 649, Sec. 3. (SB 345) Effective January 1, 2013.)
  70. 971.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    The governing board must तयermine the roles and terms of office for other officers and employees, and set their salaries and the superintendent’s salary.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 971. The governing board shall determine the number, title, duties, and terms of office of all other officers and employees and shall fix their salaries, and that of the superintendent. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  71. 9710.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The department must have an Office of the State Long-Term Care Ombudsman.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9710. There is within the department an Office of the State Long-Term Care Ombudsman. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  72. 9710.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The Director of the California Department of Aging must notify the public about the State Long-Term Care Ombudsman position, announce vacancies within 10 days, and meet with the advisory council within 30 days to get its recommendations.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9710.5. (a) The Legislature finds and declares as follows: (1) The Office of the State Long-Term Care Ombudsman has an extremely important role in protecting and advocating for the rights and health and safety of long-term care facility residents, and in providing leadership, direction, and support to local long-term care ombudsman programs. (2) The position of State Ombudsman is extremely important to the successful coordination of ombudsman services at the local level. (3) The position of State Ombudsman requires both an extensive background in social or health services programs, and an ability to manage and motivate individuals and groups. (4) Remuneration for the position of State Ombudsman should be commensurate with the demands of the position. (b) The Director of the California Department of Aging shall do all of the following: (1) Provide widespread notification of the availability of the position of State Long-Term Care Ombudsman in order to reach the greatest number of qualified candidates and hire the most capable individual for the position. (2) Within 10 days of the occurrence of a vacancy, publicly announce the vacancy and solicit candidates for the position. (3) Within 30 days of the occurrence of a vacancy, convene a meeting with the advisory council established by the department pursuant to Section 9740, for the purpose of obtaining the advice, consultation, and recommendations of the council regarding the selection of a candidate. (Amended by Stats. 2012, Ch. 649, Sec. 4. (SB 345) Effective January 1, 2013.)
  73. 9711.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The State Long-Term Care Ombudsman office is directed by a chief executive officer appointed by the director, who must report to the director and work full time.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9711. (a) The office shall be under the direction of a chief executive officer who shall be known as the State Long-Term Care Ombudsman. The State Ombudsman shall be appointed by the director and shall report directly to the director. He or she shall devote his or her entire time to the duties of his or her position, and shall receive the salary otherwise provided by law. (b) Any vacancy occurring in the position of State Ombudsman shall be filled in the same manner as the original appointment. Whenever the State Ombudsman dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudsman’s successor, but in no event longer than four months from the occurrence of the vacancy. The acting State Ombudsman shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  74. 9712.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The State Ombudsman must meet education, experience, location, training, and conflict-of-interest requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9712. (a) The office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall meet the qualifications established by the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.) and be selected from among individuals with expertise and experience in the fields of long-term care and advocacy. Within the first year of appointment, the State Ombudsman shall complete the training described in subparagraph (B) of paragraph (1) of subdivision (a) of Section 9719, and a 10-hour internship performing ombudsman services in a long-term care facility. (b) The State Ombudsman shall be located in Sacramento. Other staff employed by the office may be located elsewhere in the state. (c) (1) The State Ombudsman shall possess at least a bachelor’s degree, and have a minimum of five years’ professional experience that shall include all of the following areas: (A) Gerontology, long-term care, or other relevant social services or health services programs. (B) The legal system and the legislative process. (C) Dispute or problem resolution techniques, including investigation, mediation, and negotiation. (D) Organizational management and program administration. (2) The professional experience described in paragraph (1) requires any reasonable combination of the fields described in subparagraphs (A) to (D), inclusive, of that paragraph for a total of five years, and does not require five years’ experience in each area. At the discretion of the director, a master’s or doctoral degree relevant to a field described in paragraph (1) may be substituted for one or two years, respectively, of professional experience. However, the applicant’s professional experience and field of study leading to the master’s or doctoral degree shall, nevertheless, include all of the fields described in paragraph (1). (d) The State Ombudsman may not have been employed by any long-term care facility within the three-year period immediately preceding his or her appointment. (e) Neither the State Ombudsman nor any member of his or her immediate family may have, or have had within the past three years, any pecuniary interest in long-term care facilities. (Amended by Stats. 2012, Ch. 649, Sec. 5. (SB 345) Effective January 1, 2013.)
  75. 9712.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The State Ombudsman must carry out listed services for residents of long-term care facilities, including handling complaints, providing information and assistance, and representing residents’ interests.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9712.5. The State Ombudsman shall, personally or through representatives of the office, do all of the following: (a) (1) Identify, investigate, and resolve complaints that are made by, or on behalf of, residents of long-term care facilities that relate to actions, inactions, or decisions of providers or representatives of providers of long-term care services, public agencies, or health and social services agencies that may adversely affect the health, safety, welfare, or rights of residents, including the welfare and rights of residents with respect to the appointment and activities of conservators, guardians, and representative payees. (2) The requirement described in paragraph (1) shall not preclude the referral of other individuals’ complaints and concerns that a representative becomes aware are occurring in the facility to the appropriate governmental agency. (3) At the conclusion of any investigation of a complaint, the findings shall be reported to the complainant. If the office does not investigate a complaint, the complainant shall be notified in writing of the decision not to investigate and the reasons for the decision. (b) Provide services to assist residents in the protection of their health, safety, welfare, and rights. (c) Inform residents about the means of obtaining services delivered by the providers or agencies described in paragraph (1) of subdivision (a) or services described in subdivision (b). (d) (1) Provide residents with regular and timely access to the services provided by the office through quarterly facility visits to skilled nursing facilities and residential care facilities for the elderly and provide residents or other complainants with timely responses from representatives of the office to complaints. (2) To the extent permitted under federal law, paragraph (1) shall be implemented only to the maximum extent possible within available resources. (e) Represent the interests of the residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents. (f) Provide administrative and technical assistance to entities designated as local ombudsman programs, to assist the entities in participating in the program. (g) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long-term care facilities and services in the state, without interference from the office of the Governor, any state agency, or other entity. (h) Facilitate public comment on relevant laws, regulations, policies, and actions. (i) Recommend changes to relevant laws, regulations, policies, or actions that the office determines to be appropriate. (j) Provide information that the office determines to be necessary to public and private agencies, legislators, and other persons, regarding the problems and concerns of residents of long-term care facilities and recommendations relating to resolving these problems and concerns. (k) Provide for training representatives of the office. (l) Promote the development of citizen organizations to participate in the program. (Amended by Stats. 2019, Ch. 27, Sec. 23. (SB 80) Effective June 27, 2019.)
  76. 9713.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The Attorney General must represent the office, department, and state in litigation about the office’s affairs when the office asks, unless the Attorney General is already representing another state agency. The State Ombudsman may hire technical experts and other employees if they are needed for the office’s work.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9713. (a) Upon request of the office, the Attorney General shall represent the office or the department and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall employ other counsel. (b) The State Ombudsman may employ technical experts and other employees that, in his or her judgment, are necessary for the conduct of the business of the office. (Amended by Stats. 2012, Ch. 649, Sec. 7. (SB 345) Effective January 1, 2013.)
  77. 9714.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The office must solicit and receive support funds, but must not take funds if doing so would harm its independence or objectivity.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9714. The office shall solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The office shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office. The office shall deposit funds received pursuant to this section into the Long-Term Care Ombudsman Program Improvement Act Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370 of the Government Code. Revenues in this account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office. (Amended by Stats. 2013, Ch. 521, Sec. 1. (SB 609) Effective January 1, 2014.)
  78. 9714.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The office may create a foundation, but the foundation has strict limits on fundraising and spending, and the board must manage it.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9714.5. (a) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office and the operations of the foundation. The foundation shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office or foundation. (b) The foundation formed pursuant to this section shall be under the direction and management of a five-member board of directors. One member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, and three members shall be appointed by the Governor. The members of the board shall each be experienced in the management, promotion, and funding of nonprofit charitable organizations. (c) The board shall select from among its members a chair, a vice chair, and any other officers as it deems necessary. (d) The members of the board shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties as directors. (e) Three members of the board shall constitute a quorum for the purpose of conducting the board’s business. (f) By March 1 of each year, the board shall determine the amount of funds to be allocated from the foundation to the office for the support of the operations and programs of the office and the operations of the foundation. Foundation funds may only be expended for the support of the operations and programs of the office and the operations of the foundation. (g) The members of the board shall be free from conflicts of interest and shall be subject to the same conflict of interest provisions that apply to the State Ombudsman under Section 3058g(f)(3) of Title 42 of the United States Code. (Amended by Stats. 2013, Ch. 521, Sec. 2. (SB 609) Effective January 1, 2014.)
  79. 9715.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Representatives of the office get immunity for good-faith performance of their duties, and they are generally exempt from testifying in court about confidential matters.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9715. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) No discriminatory, disciplinary, or retaliatory action shall be taken against any employee of a facility or agency, any patient, resident, or client of a long-term care facility, or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individual’s responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  80. 9716.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The office must run reporting and advocacy activities for older individuals in long-term care, including a statewide complaint-reporting system and an annual advocacy report.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9716. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term care needs of older individuals, consistent with its mission. These responsibilities shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The office shall submit the data to the state agency responsible for licensing or certifying long-term care facilities and to the federal Administration on Aging. (b) Notwithstanding Section 10231.5 of the Government Code, beginning September 30, 2013, and annually thereafter, the office shall prepare and submit an annual advocacy report in accordance with Section 3058g(h)(1) of Title 42 of the United States Code. The annual advocacy report shall do all of the following: (1) Describe the activities carried out by the office in the year for which the report is prepared, including, but not limited to, actions taken to carry out the advocacy duties of the office described in Sections 9712.5 and 9726.1 and prescribed by the federal Older Americans Act in Section 3058g(a)(3)(E) and (G) of Title 42 of the United States Code. (2) Contain and analyze the data collected pursuant to Section 3058g(c) of Title 42 of the United States Code. (3) Evaluate the problems experienced by, and the complaints made by or on behalf of, residents. (4) Contain recommendations for both of the following: (A) Improving quality of the care and life of residents. (B) Protecting the health, safety, welfare, and rights of residents. (5) (A) Analyze the success of the ombudsman program, including success in providing services to residents of long-term care facilities and other similar adult care facilities. (B) Identify barriers that prevent the optimal operation of the program. (6) Provide policy, regulatory, and legislative recommendations to solve identified problems, to resolve complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers identified in subparagraph (B) of paragraph (5). (c) The office shall promptly post the annual advocacy report on its Internet Web site and shall submit it to the Assistant Secretary of the federal Administration on Aging, the Governor, the Legislature, the State Department of Public Health, the State Department of Social Services, local ombudsman programs, and other appropriate governmental entities. (d) The State Ombudsman shall consult with the local ombudsman programs in developing the report. (Amended by Stats. 2012, Ch. 649, Sec. 10. (SB 345) Effective January 1, 2013.)
  81. 9716.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The State Long-Term Care Ombudsman must maintain an Internet website that is easy to find, prominent on the department homepage, and consumer-focused.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9716.11. (a) The Office of the State Long-Term Care Ombudsman shall maintain an Internet Web presence. (b) The Internet Web site shall be easily found and prominent on the department’s homepage. The Legislature finds and declares that resources currently exist for this purpose. (c) The Internet Web site shall be consumer driven and shall include, but not be limited to, current long-term care trends and issues, links to local ombudsman programs, the annual advocacy report described in Section 9716, and other information relevant to long-term care facility residents and consumers. (Added by Stats. 2012, Ch. 649, Sec. 11. (SB 345) Effective January 1, 2013.)
  82. 9717.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Several state-related programs must cooperate with the State Ombudsman office, and the office must work closely with legal services programs for older adults.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9717. (a) All advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. These programs include, but are not limited to, the Office of Human Rights within the State Department of State Hospitals, the Office of Patients’ Rights, Disability Rights California, and the Department of Rehabilitation’s Client Assistance Program. (b) The office shall maintain a close working relationship with the Legal Services Development Program for the Elderly within the department. (c) In order to ensure the provision of counsel for patients and residents of long-term care facilities, the office shall seek to establish effective coordination with programs that provide legal services for older adults, including, but not limited to, programs that are funded by the federal Legal Services Corporation or under the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), as amended. (d) The department and other state departments and programs that have roles in funding, regulating, monitoring, or serving long-term care facility residents, including law enforcement agencies, shall cooperate with and meet with the office periodically and as needed to address concerns or questions involving the care, quality of life, safety, rights, health, and well-being of long-term care facility residents. (Amended by Stats. 2024, Ch. 337, Sec. 45. (SB 1249) Effective January 1, 2025.)
  83. 9718.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Long-term care facilities must post a conspicuous notice with the office’s and nearest approved organization’s contact details and a brief description of their services. The office must approve the notice form.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9718. Every long-term care facility, as defined in subdivision (b) of Section 9701, shall post in a conspicuous location a notice of the name, address, and phone number of the office and the nearest approved organization, and a brief description of the services provided by the office and the approved organization. The form of the notice shall be approved by the office. (Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 7. Effective January 1, 1998.)
  84. 9718.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    Skilled nursing facilities and residential care facilities generally must not deny entry to an ombudsman representative acting officially.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9718.5. (a) (1) Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, deny entry to a representative of the office acting in their official capacity. (2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residents or staff at a residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease. (b) During a state of emergency declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff. (Added by Stats. 2022, Ch. 583, Sec. 2. (AB 1855) Effective January 1, 2023.)
  85. 9719.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The office must sponsor and provide training for approved-organization representatives, and ombudsperson candidates must satisfy clearance and training requirements before certification.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9719. (a) (1) The office shall sponsor a training of representatives of approved organizations at least twice each year. The office shall provide training to these representatives as appropriate. Prior to the certification of an ombudsperson by the office, individuals shall meet both of the following requirements: (A) Have a criminal offender record clearance conducted by the State Department of Social Services. A clearance pursuant to Section 1569.17 of the Health and Safety Code shall constitute clearances for the purpose of entry to any long-term care facility. (B) Have received a minimum of 36 hours of certification training that is approved by the office and offered by an approved organization, which shall include training on cultural competency and sensitivity in issues relating to the underserved older adult lesbian, gay, bisexual, and transgender community. (2) Upon receipt of an applicant’s criminal record clearance and acceptance by the office, the office shall issue a card identifying the bearer as a certified ombudsperson. Each ombudsperson shall receive a minimum of 12 hours of additional training annually. (b) (1) The department shall contract with the State Department of Social Services to conduct a criminal offender record information search, pursuant to Section 1569.17 of the Health and Safety Code, for each applicant seeking certification as an ombudsperson. The State Department of Social Services shall notify the individual and the office of the individual’s clearance or denial. (2) An applicant for certification as an ombudsperson shall not be responsible for any costs associated with transmitting the fingerprint images and related information or conducting criminal record clearances. (c) This section does not prohibit the Department of Justice from assessing a fee pursuant to Section 11105 of the Penal Code to cover the cost of searching for or furnishing summary criminal offender record information. (Amended by Stats. 2024, Ch. 337, Sec. 46. (SB 1249) Effective January 1, 2025.)
  86. 9719.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. )

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    The department must allocate funds for local ombudsman programs using the stated formula and may not allocate less than $100,000 per fiscal year.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 2. General Provisions [9710 - 9719.5] ( Article 2 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9719.5. (a) (1) The department shall allocate all federal and state funds for local ombudsman programs according to the following distribution, but shall not allocate less than one hundred thousand dollars ($100,000) per fiscal year. (2) After the base allocation, remaining funds shall be distributed in accordance with subdivision (b). (b) (1) Fifty percent of the funds shall be allocated to each local program based on the number of facilities served by the program in proportion to the total number of facilities in the state. (2) Forty percent of the funds shall be allocated based on the number of beds within the local program’s area of service in proportion to the total number of beds in the state. (3) Ten percent of the funds shall be allocated based on the total square miles within each local program’s area of service in proportion to the total number of square miles in the state. (Amended by Stats. 2018, Ch. 35, Sec. 9. (AB 1811) Effective June 27, 2018.)
  87. 972.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The superintendent of an adjustment school must file an oath and a bond with the governing board before starting duties.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 972. The superintendent of the adjustment school shall, before entering upon the discharge of his or her duties, make and file with the governing board an oath that he or she will faithfully and impartially discharge his or her duties. The superintendent shall also file with the governing board a bond, running to the State of California in a sum the board may determine, and with sureties to be approved by the board, conditioned upon the faithful performance of his or her duties. The premium of the bond shall be a part of the cost of maintaining the adjustment school. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  88. 9720.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The office must prioritize investigations and complaint resolutions in 24-hour long-term care facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9720.5. The office shall give priority to investigations and complaint resolutions in 24-hour long-term care facilities. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  89. 9721.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The office may refer complaints to appropriate state or local agencies, and certain state licensing authorities must prioritize complaints referred by the office.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9721. (a) The office may refer any complaint to any appropriate state or local government agency. The following state licensing authorities shall give priority to any complaint referred to them by the office, except that any complaint alleging an immediate threat to resident health and safety may be given first priority: (1) Licensing and Certification Division of the State Department of Health Services. (2) Community Care Licensing Division of the State Department of Social Services. (3) Board of Examiners for Nursing Home Administrators. (4) Board of Registered Nurses. (5) Medical Board of California. (6) Board of Pharmacy. (7) Board of Vocational Nurse and Psychiatric Technician Examiners. (b) Any licensing authority that responds to a complaint against a long-term care facility that was referred to the authority by the office shall forward to the office copies of related inspection reports and plans of correction and notify the office of any citations and civil penalties levied against the long-term care facility. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  90. 9722.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    Office representatives have a right to enter long-term care facilities and move within them unescorted, and facilities must provide resident lists on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9722. (a) Representatives of the office shall have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes of identifying, hearing, investigating, and resolving complaints, observing and monitoring conditions of residents and facilities, speaking confidentially with residents, and providing services to assist residents in protecting their health, safety, welfare, and rights. Entry shall be provided at any time deemed necessary and reasonable by the State Ombudsman to effectively carry out this chapter, for any of the purposes described in this subdivision. (b) Nothing in this chapter shall be construed to restrict, limit, or increase any existing right of any organizations or individuals not described in subdivision (a) to enter, or provide assistance to patients or residents of, long-term care facilities. (c) Nothing in this chapter shall restrict any right or privilege of any patient or resident of a long-term care facility to receive visitors of his or her choice. (d) Notwithstanding any other provision of law, a long-term care facility, upon request by a representative of the office, shall provide a roster, census, or other list of the names and room numbers or room locations of all current residents or patients residing in the facility. (Amended by Stats. 2012, Ch. 649, Sec. 15. (SB 345) Effective January 1, 2013.)
  91. 9723.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The State Ombudsman may access any state or local government record needed to perform chapter responsibilities, including records kept confidential under specified sections.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9723. The State Ombudsman shall have access to any record of a state or local government agency that is necessary to carry out his or her responsibilities under this chapter, including any record rendered confidential under Section 1094 of the Unemployment Insurance Code or Section 10850. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  92. 9724.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The office may access certain long-term care facility records only under specified consent and guardianship conditions, and facilities must provide next-of-kin or representative contact information within 24 hours on request.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9724. Notwithstanding Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, in order for the office to carry out its responsibilities under this chapter, the office shall have access to the medical or personal records of a patient or resident of a long-term care facility that are retained by the facility, under the following conditions: (a) If the patient or resident has the ability to write, access may only be obtained by the written consent of the patient or resident. (b) If the patient or resident is unable to write, oral consent may be given in the presence of a third party as witness. (c) If the patient or resident is under a California guardianship or conservatorship of the person that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records, unless any of the following apply: (1) The existence of the guardianship or conservatorship is unknown to the office or the facility. (2) The guardian or conservator cannot be reached within three working days. (3) The office has reason to believe the guardian or conservator is not acting in the best interests of the ward or the conservatee. (d) If the patient or resident is unable to express written or oral consent and there is no guardian, conservator, or legal representative, or the notification of the guardian, conservator, or legal representative is not applicable for reasons set forth in subdivision (c), inspection of records may be made by ombudsmen when there is sufficient cause for the inspection. The licensee may, at his or her discretion, permit other representatives of the office to inspect records in the performance of their official duties. Copies may be reproduced by the office. The licensee and facility personnel who disclose records pursuant to this subdivision shall not be liable for the disclosure. If investigation of records is sought pursuant to this subdivision, the ombudsman shall, upon request, produce a statement signed by the ombudsman coordinator authorizing the ombudsman to review the records. (e) Facilities providing copies of records pursuant to this section may charge the actual copying cost for each page copied. (f) Upon request by the office, a long-term care facility shall provide to the office, within 24 hours, the name, address, and telephone number of the conservator, legal representative, or next-of-kin of any patient or resident. (Amended by Stats. 2012, Ch. 649, Sec. 16. (SB 345) Effective January 1, 2013.)
  93. 9725.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    Records and files about complaints or investigations, and the identities of complainants, witnesses, patients, or residents, must stay confidential unless a listed exception applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9725. All records and files of the office relating to any complaint or investigation made pursuant to this chapter and the identities of complainants, witnesses, patients, or residents shall remain confidential, unless disclosure is authorized by the patient or resident or his or her conservator of the person or legal representative, required by court order, or release of the information is to a law enforcement agency, public protective service agency, licensing or certification agency in a manner consistent with federal laws and regulations. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  94. 9726.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The office must set up a toll-free hotline for crises in long-term care facilities and keep it available 24/7.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9726. (a) The office shall establish a toll-free telephone hotline to receive telephone calls concerning any crises discovered by any person in a long-term care facility, as defined in subdivision (b) of Section 9701. The telephone hotline established under this section shall be operated to include at least all of the following: (1) The telephone hotline shall be available 24 hours a day, seven days a week. (2) The operator shall respond to a crisis call by contacting the appropriate office, agency, or individual in the local community in which the crisis occurred. (3) The toll-free telephone hotline number shall be posted conspicuously in either the facility foyer, lobby, residents’ activity room, or other conspicuous location easily accessible to residents in each licensed facility by the licensee. The office shall issue, in conjunction with the State Department of Social Services and the State Department of Public Health, guidelines concerning the posting of the toll-free telephone hotline number. The posting shall, at a minimum, include the purpose of the toll-free telephone hotline number. (b) The office shall respond to telephone hotline calls. (c) The toll-free telephone hotline shall be staffed in a manner consistent with available resources in the office. The office may contract for the services of organizations to staff the telephone hotline. The office shall seek to provide opportunities for older individuals to be employed to staff the hotline. The State Department of Public Health and the State Department of Social Services, and other appropriate departments, shall make available to the department and the office training and technical assistance as needed. (Amended by Stats. 2012, Ch. 649, Sec. 17. (SB 345) Effective January 1, 2013.)
  95. 9726.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The office and approved organizations may carry out outreach, education, and support activities for long-term care facilities. If a facility program held in a facility cannot be agreed on, the State Ombudsman may help resolve the dispute.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 3. Investigation and Resolution of Complaints [9720.5 - 9726.1] ( Article 3 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9726.1. (a) The office and approved organizations may do any of the following: (1) Advise the public of any inspection report, statements of deficiency, and plans of correction, for any long-term care facilities within its service area. (2) Promote visitation programs to long-term care facilities within its service area. (3) Establish and assist in the development of resident, family, and friends’ councils. (4) Sponsor other community involvement in long-term care facilities. (5) Present community education and training programs to long-term care facilities, human service workers, families, and the general public, about long-term care and residents’ rights issues. (b) Those programs created under this section that are held in a facility shall be developed in consultation with the facility. If the facility and the ombudsman cannot agree on these programs, the State Ombudsman may assist in resolving the dispute. (Amended by Stats. 2012, Ch. 649, Sec. 18. (SB 345) Effective January 1, 2013.)
  96. 973.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The superintendent must file a bond before taking custody of adjustment school property, and must account to the governing board for property and money entrusted to them.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 973. The superintendent, after making and filing the bond, shall, subject to the direction of the governing board, be invested with the custody of the lands, buildings, and all other property pertaining to or under the control of the adjustment school. The superintendent shall account to the governing board in the manner it may require for all property entrusted to the superintendent and for all money received by him or her as superintendent of the adjustment school, or for any of the minors entrusted to its care. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  97. 9730.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 4. Enforcement [9730 - 9732] ( Article 4 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    If someone willfully interferes with a lawful action of the office, the matter must be referred to the appropriate licensing authority, and that authority must respond within the legally prescribed time period.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 4. Enforcement [9730 - 9732] ( Article 4 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9730. Anyone who willfully interferes with any lawful action of the office shall be immediately referred to the appropriate licensing authority, which shall respond within the legally prescribed time period. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  98. 9731.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 4. Enforcement [9730 - 9732] ( Article 4 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    This section says statutory damages do not prevent a court from granting equitable relief when legal remedies would be inadequate.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 4. Enforcement [9730 - 9732] ( Article 4 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9731. Notwithstanding the availability of statutory damages, this chapter shall not be construed to limit the ability of a court to issue equitable relief where the legal remedies provided would not be an adequate method of preventing or curing the particular injury in question. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  99. 9732.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 4. Enforcement [9730 - 9732] ( Article 4 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    Willful interference with the office’s lawful actions can trigger a civil penalty of up to $2,500 per incident, assessed by the director.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 4. Enforcement [9730 - 9732] ( Article 4 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9732. (a) Any person who willfully interferes with any lawful action of the office shall be subject to a civil penalty of no more than two thousand five hundred dollars ($2,500) for each incident. The civil penalty shall be assessed by the director. If the penalty is not paid within 30 days of the assessment, the director shall initiate an action to collect the penalties in the jurisdiction in which the facility is located. (b) Each instance of willful interference may be reported to local law enforcement and the appropriate licensing agency as an act of isolation, as defined in Section 15610.43. (c) All civil penalties collected by the department pursuant to this section shall be deposited into the Access to Facilities Account, which is hereby created within the Special Deposit Fund under Section 16370 of the Government Code. Funds in this account shall be available, upon appropriation, to the office to fund the training costs, and to reimburse the travel expenses, of local ombudsman programs throughout the state. (Amended by Stats. 2013, Ch. 521, Sec. 3. (SB 609) Effective January 1, 2014.)
  100. 974.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The superintendent must appoint the adjustment school’s officers and employees, subject to the governing board’s direction, and may exercise the supervisory, executive, and managing powers the board gives them.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 974. The superintendent shall also, subject to the direction of the governing board, appoint all officers and employees of the adjustment school, who shall hold office at the pleasure of the superintendent. The superintendent shall exercise the supervisory, executive, and managing powers that are conferred upon him or her by the governing board. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  101. 9740.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 5. Advisory Council [9740 - 9741] ( Article 5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    The department must create an 11-member advisory council, and the director must appoint its members from submitted lists. The council must advise the ombudsman program and director, meet at least three times a year, and representatives are entitled to travel and other participation expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 5. Advisory Council [9740 - 9741] ( Article 5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9740. (a) The department shall establish an 11-member advisory council for the office. Members of the council shall be appointed by the director, and shall consist of representatives of community organizations, area agencies on aging, two long-term care providers, federal Older Americans Act funded direct services providers, the commission, the California Long-Term Care Ombudsman Association, county government, and other appropriate governmental agencies. The director shall make the appointments from lists of no less than five names submitted by each of the designated entities. (b) The advisory council shall provide advice and consultation to the State Long-Term Care Ombudsman Program and the director on issues affecting the provision of ombudsman services, including the review of proposed policy changes to the operation of the program, and may make recommendations, within 30 days, as appropriate. The advisory council shall meet at least three times annually. Representatives on the advisory council shall receive their actual and necessary travel and other expenses incurred in participation on the advisory council. (Amended by Stats. 1999, Ch. 943, Sec. 3. Effective January 1, 2000.)
  102. 9741.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 5. Advisory Council [9740 - 9741] ( Article 5 added by Stats. 1996, Ch. 1097, Sec. 13. )

    Verify source ↗

    Before designating a new organization or agency as an approved organization, the department must notify the advisory council at least 30 days in advance.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 5. Advisory Council [9740 - 9741] ( Article 5 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## 9741. At least 30 days prior to the designation of a new organization or agency as an approved organization, the department shall notify the advisory council for the purpose of soliciting comments regarding the designation. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  103. 9745.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 6. Regulations [9745- 9745.] ( Article 6 added by Stats. 1999, Ch. 943, Sec. 4. )

    Verify source ↗

    The department must adopt regulations to implement this chapter under the Administrative Procedure Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 11. State Ombudsman [9700 - 9745] ( Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13. ) ## ARTICLE 6. Regulations [9745- 9745.] ( Article 6 added by Stats. 1999, Ch. 943, Sec. 4. ) ## 9745. The department shall adopt regulations to implement this chapter 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. The initial adoption of any emergency regulations after January 1, 1999, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this chapter shall remain in effect for no more than 180 days. (Added by Stats. 1999, Ch. 943, Sec. 4. Effective January 1, 2000.)
  104. 975.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The superintendent must live in an adjustment school or one of the adjustment schools under their jurisdiction, and must be provided suitable quarters, furniture, food supplies, and laundry for themselves and their family.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 975. The superintendent shall reside in the adjustment school or one of the adjustment schools under his or her jurisdiction and shall be furnished suitable quarters, furniture, food supplies, and laundry for himself or herself and his or her family. The governing board may make similar provision for other officers and employees that the interests of the adjustment school may in its judgment require to reside on the premises. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  105. 9750.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 12. Regulations [9750- 9750.] ( Heading of Chapter 12 renumbered from Chapter 14 (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 8. )

    Verify source ↗

    The department may adopt regulations to implement this division, and emergency regulations under this division may stay in effect for up to 180 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 12. Regulations [9750- 9750.] ( Heading of Chapter 12 renumbered from Chapter 14 (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 8. ) ## 9750. The department may adopt regulations to implement this division 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. The initial adoption of any emergency regulations following the date on which this revised division takes effect shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this division shall remain in effect for no more than 180 days. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
  106. 976.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    An adjustment school must take custody of boys and girls under 18 who are committed to it by juvenile court order.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 976. The adjustment school shall receive into its care, custody, and control all boys and girls under 18 years of age who are committed to it by order of the juvenile court of the county or city and county maintaining or contributing to the maintenance of the adjustment school. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  107. 977.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    A minor committed to an adjustment school must stay there for the period set in the commitment order, unless the juvenile court orders otherwise.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 977. Any minor who has been committed to the care, custody, and control of any adjustment school shall remain in the school for the duration of the period provided in the order of commitment, or until further order of the juvenile court. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  108. 978.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The juvenile court must review the order of commitment at least once each year.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 978. The juvenile court shall review the order of commitment at least once each year, and upon review the court may continue, terminate, or modify the order of commitment. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  109. 979.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    If the superintendent thinks continued detention is harmful to the school, the minor can be sent back to the committing court, and the court may revoke its earlier order and resume the case.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 979. If at any time in the opinion of the superintendent of the adjustment school the further detention of the minor is detrimental to the interests of the school, the minor may immediately, upon order of the superintendent, be returned to the committing court, and the court may revoke its previous order, and proceedings may be resumed where they were suspended when the commitment was made. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  110. 980.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    The governing board of an adjustment school must run the school in the way that best carries out this article’s intentions.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 980. The governing board of any adjustment school shall cause the school to be conducted as may seem best calculated to carry out the intentions of this article. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  111. 9800.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 13. No Wrong Door System [9800 - 9805] ( Chapter 13 added by Stats. 2019, Ch. 825, Sec. 2. )

    Verify source ↗

    The master plan for aging must consider whether to use a No Wrong Door System.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 13. No Wrong Door System [9800 - 9805] ( Chapter 13 added by Stats. 2019, Ch. 825, Sec. 2. ) ## 9800. (a) The master plan for aging established pursuant to Executive Order N-14-19 shall consider the efficacy of utilizing a No Wrong Door System. (b) The purpose of the No Wrong Door System shall be to assist older adults, people with disabilities, and caregivers obtain accurate information and timely referrals to appropriate community services and supports. (Added by Stats. 2019, Ch. 825, Sec. 2. (AB 1287) Effective January 1, 2020.)
  112. 9805.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 13. No Wrong Door System [9800 - 9805] ( Chapter 13 added by Stats. 2019, Ch. 825, Sec. 2. )

    Verify source ↗

    The master plan for aging must consider using a universal tool and process to streamline access to services, and the stakeholder advisory committee must seek input from stakeholders.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 13. No Wrong Door System [9800 - 9805] ( Chapter 13 added by Stats. 2019, Ch. 825, Sec. 2. ) ## 9805. (a) The master plan for aging established pursuant to Executive Order N-14-19 shall consider the efficacy of utilizing a universal tool and process to streamline access to services through a coordinated assessment process. In considering the tool and process, the Master Plan for Aging Stakeholder Advisory Committee shall seek input from stakeholders, including, but not limited to, consumers, providers, and advocates. (b) The assessment tool and process should be capable of assessing individual need and determining initial eligibility for programs and services available in the long-term services and supports delivery network. (Added by Stats. 2019, Ch. 825, Sec. 2. (AB 1287) Effective January 1, 2020.)
  113. 981.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    A course of study must be organized, matching the state public school curriculum as closely as practicable.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 981. There shall be organized a course of study, corresponding as far as practicable with the course of study in the public schools of the state. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  114. 982.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    An adjustment school must provide facilities and equipment for vocational and trade training, and must give each minor vocational or trade training while the minor is in its care.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 982. There shall be provided in the adjustment school the proper facilities and equipment for vocational and trade training, in addition to other public school education or training that may be determined upon by the governing board. Vocational or trade training education shall be given to each minor while under the care of the adjustment school, to the end that he or she may upon discharge be qualified for honorable and self-supporting employment. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  115. 983.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    A juvenile court order for a minor sent to an adjustment school may direct that the cost of support and maintenance be paid by the parent, guardian, or other person legally liable.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 983. Any order of the juvenile court committing a minor to the care, custody, and control of an adjustment school may provide the expense of his or her support and maintenance by directing that the expense be paid in whole or in part by his or her parent, guardian, or other person liable for his or her support and maintenance. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  116. 984.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    If one county or city and county runs an adjustment school, that local government must pay the school’s full expense, and its board or governing body must provide for that expense annually.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 984. If the adjustment school is organized, established, equipped, and maintained by only one county or city and county, the entire expense of the school shall be borne by the county or city and county, and the board of supervisors, or other governing body of the county or city and county shall make due and annual provision therefor. The necessary items of expense shall be set forth in the annual budget of the county or city and county. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  117. 985.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    If two or more counties jointly operate an adjustment school, they must apportion the school’s initial organizing, establishing, and equipping costs pro rata based on the number of school-age children in each county.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 985. If an adjustment school is organized, established, equipped, and maintained by two or more counties, the initial expense of organizing, establishing, and equipping the school shall be apportioned between each of the counties on a pro rata basis in the ratio that the number of children of school age residing in each county bears to the number of children of school age residing in all of the counties. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  118. 986.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

    Verify source ↗

    If two or more counties maintain the school, they must split the annual maintenance expense pro rata based on each county’s share of the prior year’s average daily enrollment.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 986. The annual expense of maintaining the school by two or more counties, shall be apportioned between the counties on a pro rata basis in the ratio that the average daily enrollment of minors placed in the school from each county during the preceding year bears to the total average daily enrollment in the school from all of the counties during the year. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  119. 9860.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 15. Disaster Planning and Response [9860 - 9861] ( Chapter 15 added by Stats. 2025, Ch. 445, Sec. 1. )

    Verify source ↗

    This section defines “Emergency shelter” and “State Emergency Plan” for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 15. Disaster Planning and Response [9860 - 9861] ( Chapter 15 added by Stats. 2025, Ch. 445, Sec. 1. ) ## 9860. For purposes of this chapter, the following definitions apply: (a) “Emergency shelter” means a facility established to provide temporary refuge and essential services to individuals displaced by emergencies or disasters. (b) “State Emergency Plan” has the same meaning as set forth in Section 8560 of the Government Code. (Added by Stats. 2025, Ch. 445, Sec. 1. (AB 1069) Effective January 1, 2026.)
  120. 9861.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 15. Disaster Planning and Response [9860 - 9861] ( Chapter 15 added by Stats. 2025, Ch. 445, Sec. 1. )

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    A county welfare director representative must coordinate with the designated local sheltering agency and start a memorandum of understanding with AAA, ILC, or ADRC programs for emergency shelter access during active evacuation events.

    ## Welfare and Institutions Code - WIC ## DIVISION 8.5. MELLO-GRANLUND OLDER CALIFORNIANS ACT [9000 - 9861] ( Division 8.5 repealed and added by Stats. 1996, Ch. 1097, Sec. 13. ) ## CHAPTER 15. Disaster Planning and Response [9860 - 9861] ( Chapter 15 added by Stats. 2025, Ch. 445, Sec. 1. ) ## 9861. As part of disaster planning and response, a representative of the county welfare director, in coordination with the lead local agency designated with sheltering support duties under the State Emergency Plan Emergency Support Functions, shall initiate a memorandum of understanding with an area agency on aging (AAA), an independent living center (ILC), or an Aging and Disability Resource Connection (ADRC) program to allow access by the AAA, the ILC, or the ADRC program to an emergency shelter established for evacuation purposes during an active event, in order to ensure that older adults and persons with disabilities receive continuous services and necessary support. (Added by Stats. 2025, Ch. 445, Sec. 1. (AB 1069) Effective January 1, 2026.)
  121. 987.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. )

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    The governing board must require certain school officers to file a board-approved bond.

    ## 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 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 28. Adjustment Schools [960 - 987] ( Article 28 added by Stats. 1987, Ch. 1452, Sec. 534. ) ## 987. The governing board shall require any officer entrusted with money belonging to an adjustment school or to any of the minors entrusted to its care, or any officer placed in a position of trust and responsibility in the custody of property or in the handling of supplies belonging to the school, to file with the board a bond with sureties approved by the board and in a sum that it may determine, conditioned upon the faithful performance of the duties required, and upon the faithful accounting of all money and property coming into his or her hands or under his or her control by virtue of his or her office. The premiums on the bonds shall be a part of the cost of maintaining the adjustment school. (Added by Stats. 1987, Ch. 1452, Sec. 534.)
  122. 990.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. )

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    This section defines key terms used in the article about youth centers and related programs.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. ) ## 990. As used in this article: (a) “Acquiring” means obtaining ownership of an existing facility in fee simple for use as a youth center. (b) “Altering” or “renovating” means making modifications to an existing facility that are necessary for cost-effective use as a youth center, including restoration, repair, expansion, and all related physical improvements. (c) “Applicant” means a nonprofit agency that serves youth, including, but not limited to, organizations such as Boys and Girls Clubs, YMCA, Girl Scouts, Boy Scouts, Camp Fire, Inc., California 4-H Programs, the California Police Activities League, and camping organizations that have been operating in California for a period of not less than two years. An applicant does not have to be operating in the county of application in order to be a qualified applicant. (d) “Constructing” means the purchase or building of a new facility, including the costs of land acquisition and architectural and engineering fees. (e) “Department” means the Department of the Youth Authority. (f) “Nonprofit organization” means an agency or organization that serves youth that is exempt under Section 501(c)(3) of the Internal Revenue Code and is owned and operated by one or more corporations or associations with no part of the net earnings benefiting any private shareholder or individual. (g) “Programs” means services and activities provided in a youth center, including, but not limited to, recreation, health and fitness, citizenship and leadership development, job training, delinquency prevention such as antigang programs, teen pregnancy prevention programs, and counseling for problems such as drug and alcohol abuse. (Amended by Stats. 2000, Ch. 59, Sec. 1. Effective January 1, 2001.)
  123. 991.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. )

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    Up to $25 million in the fund may be allocated by the department for nonprofit grants to acquire, renovate, or construct youth centers, if appropriated to the department.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. ) ## 991. Moneys in the fund, up to twenty-five million dollars ($25,000,000), upon appropriation to the department, shall be available for allocation by the department in accordance with this chapter, for grants to nonprofit organizations for acquiring, renovating, or constructing youth centers. Of these moneys, an amount not to exceed 11/2 percent thereof shall be available to the department for administrative costs associated with this article. (Added by Stats. 1998, Ch. 499, Sec. 2. Effective September 15, 1998.)
  124. 992.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. )

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    The department must grant youth center funds to nonprofits and oversee the grant process, while recipients must accept long-term use and lien conditions.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. ) ## 992. (a) The department shall, upon appropriation pursuant to Section 993.3, make grants to nonprofit organizations for the purpose of acquiring, renovating, or constructing youth centers. This article shall not apply to agencies or institutions under the jurisdiction of the department prior to the operative date of this section. (b) A nonprofit organization receiving a grant for the acquisition of a facility to be used as a youth center shall agree that the facility will be used for that purpose for at least 10 years from the date of acquisition. (c) A nonprofit organization receiving a grant for renovation of an existing facility to be used as a youth center shall agree that the facility will be used for that purpose for at least 10 years. (d) A nonprofit organization receiving a grant for the construction of a facility to be used as a youth center shall agree that the facility will be used for that purpose for at least 20 years after completion of construction. (e) Prior to the grant award, and as a condition to receipt of the award, the nonprofit organization shall execute and deliver a promissory note to the department in a form approved by the department. The amount of the note shall be the amount of the grant, reduced proportionately for each year of compliance as set forth in subdivisions (b), (c), and (d). The department shall have a lien on any facility construction, acquired, renovated, or remodeled under this act for the period of time described in subdivisions (b), (c), and (d). The lien shall be evidenced by a deed of trust or other suitable recordable document approved by the department. This subdivision shall not apply when the department determines that application of its provisions is not in the best interests of the public. (f) Should any of the following events occur, the department may, without the consent of the Department of General Services, foreclose upon the lien, take possession of and sell the property: (1) The owner of the facility ceases to be a nonprofit organization. (2) The facility is no longer used for youth center activities. (g) A facility altered, acquired, renovated, or constructed using funds allocated under this article may not be used and may not be intended to be used for sectarian instruction or as a place for religious worship. (h) The Director of the Youth Authority, prior to issuing a request for proposal under this article, shall create an advisory committee. This advisory committee shall advise the director on the request for proposal and on the criteria for reviewing and evaluating the responses. The department shall not issue a request for proposal for acquiring, renovating, or constructing youth centers any later than three months after the moneys are deposited in the fund for the purpose of this chapter. The advisory committee shall consist of representatives, including, but not limited to, representatives from statewide nonprofit youth organizations, local government, probation and law enforcement, and community-based nonprofit organizations serving youth or youth related issues. Any local chapter, branch, group, or other entity within an organization shall not be eligible for funding under this article if a representative of the organization serves on the advisory committee and that representative is a member of the particular chapter, branch, group, or other entity within the larger organization that is applying for the funds. The department shall review and evaluate proposals from applicants for funding. The proposals shall be consistent with the criteria developed by the department following consultation with the advisory committee. (i) Proposals from an applicant for youth center funding shall do all of the following: (1) Document the need for the applicant’s proposal. (2) Contain a written commitment and a plan for the delivery of programs, including, where appropriate, plans for innovative nontraditional programs designed to meet the needs of the youth of the targeted community. (3) Contain a match for funding that meets the following: (A) Equal to 15 percent of the total amount requested. (B) Match is in cash or in kind. (4) Document the cost effectiveness of the proposal. (5) Contain a written commitment and plan to develop and implement a process to receive and consider feedback and suggestions from the community served including a separate mechanism for the youth it serves. A board of directors reflecting broad representation of the community shall satisfy the requirement for community input. (6) Document plans to utilize and coordinate availability of the youth center facilities with other organizations serving the same youth population and, where possible, when the facilities are not being utilized for youth activities, to maximize utilization by other community organizations, including, but not limited to, senior groups and crime victims’ and crime prevention organizations. (j) The department shall rank the proposals received for funding on a priority consideration based on established greatest need, the number of youths that can be served, the most underserved areas, and the most economically disadvantaged areas, both in urban and rural counties. The department shall also evaluate the cost effectiveness of the proposal, the nonprofit organization’s experience in programs serving youth, and the proposed utilization of, and coordination with, other agencies serving youth. (k) The department shall, to the extent possible, and giving consideration to the amount of funds available, attempt to ensure a broad distribution of the funds consistent with the program priorities, in order to meet the needs of the youth in the state. (l) The department shall consider any protest or objection regarding the award of a contract grant, whether submitted before or after the grant award, as long as the protest is filed within the time period established in the request for proposal. All protests or objections shall be made in writing. The protesting party shall be notified by the department in writing of the final decision on the protest. The notification shall set forth the rationale upon which the decision is based. (Added by Stats. 1998, Ch. 499, Sec. 2. Effective September 15, 1998.)
  125. 993.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. )

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    Grants under this chapter cannot exceed $3,000,000 and must reflect reasonable facility costs. Funds in joint youth center facilities may support only qualifying youth space or a proportionate share of costs, and facilities must be acquired, renovated, or built within three years of the grant unless the department extends the time for good cause.

    ## 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 2.5. Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 [990 - 993] ( Chapter 2.5 added by Stats. 1998, Ch. 499, Sec. 2. ) ## 993. (a) No grant made pursuant to this chapter shall exceed three million dollars ($3,000,000) and each grant shall reflect the reasonable costs for acquisition and construction of a facility, taking into consideration its location, size, and proposed use. (b) In a youth center facility that is acquired, renovated, or constructed in conjunction with other groups, funds received under this article may support only the following: (1) That part of the facility used by qualifying youth. (2) A proportionate share of the costs based on the extent of use of the facility by qualifying youth. (c) Facilities shall be acquired, renovated, or constructed not later than three years from the date of any grant awarded unless the time is extended, for good cause, by the department. (Added by Stats. 1998, Ch. 499, Sec. 2. Effective September 15, 1998.)

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