CALIFORNIA STATUTES AND CODES
SECTIONS 12085-12091
GOVERNMENT CODE
SECTION 12085-12091
12085. (a) (1) Although the economic well-being of the state has
progressed to a level surpassing that of any other achieved in world
history, and although these benefits are widely shared throughout the
state, poverty continues to be the lot of a substantial number of
citizens of the state. California can achieve its full economic and
social potential as a state only if every individual has the
opportunity to contribute the full extent of his or her capabilities
and to participate in the workings of society. The Legislature hereby
declares that it is the policy of the state to provide a range of
services and activities having a measurable and potentially major
impact on causes of poverty in our communities, particularly those
areas of communities where poverty is an acute problem. Specifically,
it is the policy of the state to assist low-income participants,
including homeless individuals and families, migrants, and the
elderly poor, to do all of the following:
(A) Secure and retain meaningful employment.
(B) Attain an adequate education.
(C) Make better use of available income.
(D) Obtain and maintain adequate housing and a suitable living
environment.
(2) It is further the policy of the state to do all of the
following in assisting participants:
(A) Provide emergency assistance to meet immediate and urgent
individual and family needs, including the need for health services,
nutritious food, housing, and employment-related assistance.
(B) Coordinate and establish linkages between governmental and
other social services programs to ensure the effective delivery of
those services to low-income individuals.
(C) Encourage the use of entities in the private sector of the
community in efforts to ameliorate poverty.
(3) The Legislature finds that it is the purpose of this article
to strengthen, supplement, and coordinate efforts to further these
policies.
(b) In order to employ the resources of both the public and
private sectors of the state, and to effectuate the purposes of this
article, there is within the California Health and Human Services
Agency, a Department of Community Services and Development.
12085.5. Any reference in any provision of law or regulation to the
State Office of Economic Opportunity or the Department of Economic
Opportunity shall be deemed to refer to the Department of Community
Services and Development.
12086. (a) The department is under the direction of an executive
officer known as the Director of Community Services and Development.
The director shall be appointed by the Governor subject to the
confirmation of the Senate, and shall hold office at the pleasure of
the Governor. The director shall receive the salary provided for by
Chapter 6 (commencing with Section 11550) of Part 1. The chief deputy
director shall be appointed by the Governor and shall hold office at
the pleasure of the Governor. The Governor also may appoint, to
serve at his or her pleasure, one deputy director for the department.
(b) Subject to the State Civil Service Act (Part 2 (commencing
with Section 18500), of Division 5), the director shall appoint any
other employees necessary for the administration and the affairs of
the department, and shall prescribe their duties.
12087. The department shall have the responsibility, and is hereby
vested with all necessary powers and authority to do the following:
(a) Recognize existing community action agencies, as originally
defined by Section 2790 of Title 42 of the United States Code in the
federal Economic Opportunity Act of 1964, and as superseded by
Section 9902 of that title in the federal Omnibus Budget
Reconciliation Act of 1981 (P.L. 97-35), and as further defined in
Article 6 (commencing with Section 12750) of Chapter 9 of Division 3
of Title 2, and Indian tribes or tribal organizations, as the
operators of programs to serve the poor in local communities, and,
where the programs are of a statewide or multicounty nature, other
limited purpose agencies may be considered as program operators.
(b) Apply for, administer, and oversee federal block grant funds,
including, but not limited to, the Community Services Block Grant and
the Low-Income Home Energy Assistance Program, and other public and
private funds designed to support antipoverty programs in the state
that are not currently administered by other departments, and define
and enforce programmatic performance and fiscal accountability
standards for those funds.
(c) Provide funding and technical assistance, directly or through
grants or contracts, to community action agencies, Indian tribes, and
other agencies that operate programs of an antipoverty nature.
(d) Coordinate antipoverty efforts throughout the state, to the
extent permissible under federal law, to avoid duplication, improve
delivery of services, and relate programs to one another.
(e) Maintain liaison with the Office of Community Services in the
federal Department of Health and Human Services, county and city
commissions on economic opportunity, citizens' groups, and all other
governmental agencies engaged in economic opportunity or community
service programs, or both.
(f) Collect and assemble pertinent information and data available
from other agencies of the state and federal governments and
disseminate information in the interests of community services
programs in the state by publication, advertisement, conference,
workshops, programs, lectures, and other means.
(g) Plan and evaluate long-range and short-range strategies for
overcoming poverty in the state.
(h) Mobilize public and private resources in support of
antipoverty and community services programs.
(i) Encourage participation by residents of poor communities in
the development and operation of community action programs for their
betterment.
(j) Advise the Governor of his or her responsibilities under the
Economic Opportunity Program (Chapter 34 (commencing with Section
2701) of Title 42 of the United States Code) and the Community
Services Block Grant Program (Chapter 106 (commencing with Section
9901) of Title 42 of the United States Code), as well as any other
federal law enacted with respect to meeting the needs of the poor.
(k) Measure and evaluate, directly or through grants or contracts,
the impact of this article and other poverty-related programs
authorized by law, in order to determine the effectiveness of the
programs in achieving stated goals, impact on related programs, and
the structure and mechanisms for the delivery of services. All the
offices under the executive branch shall cooperate and provide the
necessary information to the director, upon his or her request, to
achieve the purposes of this subdivision.
(l) Promulgate regulations and negotiate and execute contracts
necessary or convenient for the exercise of its responsibilities,
powers and functions, and to ensure that federal and state standards
of programmatic performance and fiscal accountability are met.
12088. The Department of Economic Opportunity, a separate,
independent entity in state government, is hereby transferred to the
Health and Welfare Agency, and renamed the Department of Community
Services and Development. The functions, authorities, and
responsibilities of the Department of Economic Opportunity with
respect to the functions of the department are transferred to the
Director of Community Services and Development. All functions,
authorities, and responsibilities of the Director of the Department
of Economic Opportunity with regard to the functions of the
Department of Economic Opportunity are transferred to the Department
of Community Services and Development.
12089. (a) The Naturalization Services Program is hereby
established, to be administered within the Department of Community
Services and Development. The department shall administer the
Naturalization Services Program to provide funding to community-based
organizations to assist legal permanent residents in obtaining
citizenship. The department shall seek input from stakeholders in
designing the methodology for the distribution of funds appropriated
for purposes of this section. The Naturalization Services Program
shall be implemented to the extent that funds are appropriated for
this purpose in the annual Budget Act.
(b) In order to ensure accountability, effectiveness, and
accessibility, the Naturalization Services Program shall emphasize
both of the following:
(1) Collaboration among grantees and other providers in their
region, including the State Department of Education English as a
Second Language and civic grantees.
(2) Development of a referral system in each service area to
ensure immigrants are informed about adult education, English
literacy, and citizenship services in their region.
12090. The Department of Community Services and Development shall
have possession and control of all records, papers, offices,
equipment, supplies, land, and other property real or personal held
for the benefit or use of the Department of Economic Opportunity.
12091. All unexpended balances of appropriations and other funds
available to the Department of Economic Opportunity shall be
transferred to the Department of Community Services and Development.
All funds so transferred shall be for the use and for the purpose for
which the appropriation or other funds were originally made
available.