SECTIONS 10600-10619 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10600-10619

10600. It is hereby declared that provision for public social
services in this code is a matter of statewide concern. The
department is hereby designated as the single state agency with full
power to supervise every phase of the administration of public social
services, except health care services and medical assistance, for
which grants-in-aid are received from the United States government or
made by the state in order to secure full compliance with the
applicable provisions of state and federal laws.

10600.1. The State Department of Social Services succeeds to and is
vested with the duties, purposes, responsibilities, and jurisdiction
exercised by the State Department of Health or the State Department
of Benefit Payments pursuant to the provisions of this division,
except those contained in Chapter 7 (commencing with Section 14000),
Chapter 8 (commencing with Section 14200), Chapter 8.5 (commencing
with Section 14500), and Chapter 8.7 (commencing with Section 14520)
of Part 3, on the date immediately prior to the date this section
becomes operative.
The State Department of Social Services also succeeds to and is
vested with the duties, purposes, responsibilities, and jurisdiction
heretofore exercised by the State Department of Health with respect
to its disability determination function performed pursuant to Titles
II and XVI of the federal Social Security Act; provided, however,
that this paragraph shall not vest in the State Department of Social
Services any power or authority over programs for aid or
rehabilitation of mentally disordered or developmentally disabled
persons administered by the State Department of Mental Health or the
State Department of Developmental Services.

10600.2. The State Department of Social Services shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, land, and other property
real or personal held for the benefit or use of the Director of
Health or the Director of Benefit Payments in the performance of his
duties, powers, purposes, responsibilities, and jurisdiction that are
vested in the State Department of Social Services by Section
10600.1.

10600.3. All officers and employees of the Director of Health or
the Director of Benefit Payments who, on the operative date of the
statute amending this section at the 1977 portion of the 1977-78
Regular Session of the Legislature, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the State Department of Social
Services by Section 10600.1 shall be transferred to the State
Department of Social Services. The status, positions, and rights of
such persons shall not be affected by the transfer and shall be
retained by them as officers and employees of the State Department of
Social Services pursuant to the State Civil Service Act, except as
to positions exempt from civil service.

10601. The department may expend, in accordance with law, all
moneys made available for its use or for the administration of any
statute administered by it.

10601.2. (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure compliance
with state plan requirements set forth in Subtitle B (commencing
with Section 421) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 621 and following).
(c) (1) By October 1, 2002, the California Health and Human
Services Agency shall convene a workgroup comprised of
representatives of the Judicial Council, the State Department of
Social Services, the State Department of Health Services, the State
Department of Mental Health, the State Department of Education, the
Department of Child Support Services, the State Department of
Justice, any other state departments or agencies the California
Health and Human Services Agency deems necessary, the County Welfare
Directors Association, the California State Association of Counties,
the Chief Probation Officers of California, the California Youth
Connection, and representatives of California tribes, interested
child advocacy organizations, researchers, and foster parent
organizations. The workgroup shall establish a workplan by which
child and family service reviews shall be conducted pursuant to this
section, including a process for qualitative peer reviews of case
information.
(2) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans entered
into by the state pursuant to federal regulations, the outcome
indicators to be measured, compliance thresholds for each indicator,
timelines for implementation, county review cycles, uniform
processes, procedures and review instruments to be used, a corrective
action process, and any funding or staffing increases needed to
implement the requirements of this section. The agency shall broadly
consider collaboration with all entities to allow the adequate
exchange of information and coordination of efforts to improve
outcomes for foster youth and families.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
(f) The State Department of Social Services shall provide
information to the Assembly and Senate Budget Committees and
appropriate legislative policy committees annually, beginning with
the 2002-03 fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i).
(g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds allocated
pursuant to this subdivision in a manner that enables the county to
access additional federal, state, and local funds from other
available sources. However, a county's ability to receive additional
matching funds from these sources shall not be a determining factor
in the allocation process established pursuant to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.

10602. The department shall investigate, examine and make reports
upon:
(a) The charitable institutions of the state and of the counties
and cities of the state, other than county hospitals and institutions
under the jurisdiction of another state department.
(b) The public officers who are in any way responsible for the
administration of public funds used for public social services which
are administered by the department.

10602.4. The Employment Development Department shall investigate,
examine, and make reports upon the public officers who are in any way
responsible for the administration of public funds used for services
which are administered by the Employment Development Department.

10603. The department shall advise public officers regarding the
administration of public social services by public agencies
throughout the state, and shall supervise the administration of state
public social services, except health care services and medical
assistance, to all persons receiving or eligible to receive such
state public social services. It shall also supervise the expenditure
of any funds for Indian relief which may be granted to the state by
the federal government.

10604. In administering any funds appropriated or made available
for disbursement through the counties for welfare purposes, the
department shall:
(a) Require as a condition for receiving such grants-in-aid, that
the county shall bear that proportion of the total expense of
furnishing aid, as is fixed by the law relating to such aid.
(b) Establish regulations not in conflict with the law fixing
statewide standards for the administration of all state or federally
assisted public social services, except health care services and
medical assistance, which define and control the conditions under
which such public social services may be granted or refused. All
regulations established by the department shall be binding upon the
boards of supervisors and the county department.

10604.5. (a) (1) Commencing July 1, 1992, the department shall pay
only those county welfare department claims for federal or state
reimbursement of administration and services under this division
which are filed with the department within nine months of the end of
the calendar quarter in which the costs are paid. A claim filed after
that time may only be paid if the claim falls within the exceptions
set forth in federal law. Any claim filed with the department after
July 1, 1985, shall be subject to these limitations.
(2) The department may change the nine-month limitation specified
in paragraph (1), as deemed necessary by the department to comply
with federal changes which affect claiming time limits.
(b) (1) The department may waive the time limit imposed by
subdivision (a) if the department determines there was good cause for
a county's failure to file a claim or claims within the time limit.
(2) (A) For purposes of this subdivision, "good cause" means
circumstances which are beyond the county's control, including acts
of God and documented action or inaction by the state or federal
government.
(B) "Circumstances beyond the county's control" do not include
neglect or failure on the part of the county or any of its offices,
officers, or employees.
(C) A county shall request a waiver of the time limit imposed by
this section for good cause in accordance with regulations adopted
and promulgated by the department.
(3) The department's authority to waive the time limit under this
subdivision shall be subject to the availability of funds and shall
not apply to claims submitted beyond 18 months after the end of the
calendar quarter in which costs were paid.

10604.6. (a) The department shall pay only those assistance claims
for federal or state reimbursement under this division that are filed
with the department within 18 months after the end of the calendar
quarter in which the costs are paid.
(b) Any claim that is filed after the time specified in
subdivision (a) may be paid only if an exception under federal law
applies to that claim.
(c) The department may change the 18-month time limit specified in
subdivision (a), as deemed necessary by the department to comply
with federal changes that affect time limits.

10605. If the director believes that a county is substantially
failing to comply with any provision of this code or any regulation
pertaining to any program administered by the department, and the
director determines that formal action may be necessary to secure
compliance, he or she shall inform the county welfare director and
the board of supervisors of that failure. The notice to the county
welfare director and board of supervisors shall be in writing and
shall allow the county a specified period of time, not less than 30
days, to correct its failure to comply with the law or regulations.
If within the specified period the county does not comply or provide
reasonable assurances in writing that it will comply within the
additional time as the director may allow, the director may take one
or both of the following actions:
(a) Bring an action for injunctive relief to secure immediate
compliance.
Any county which is found to be failing in a substantial manner to
comply with the law or regulations pertaining to any program
administered by the department may be enjoined by any court of
competent jurisdiction. The court may make orders or judgments as may
be necessary to secure county compliance.
(b) Order the county to appear at a hearing before the director
with the State Social Services Advisory Board Committee on Welfare
and Social Services to show cause why the director should not take
administrative action to secure compliance. The county hearings shall
be conducted pursuant to the rules and regulations of the
department.
If the director determines, based on the record established at the
hearing and the advice of the State Social Services Advisory Board
Committee on Welfare and Social Services, that the county is failing
to comply with the provisions of this code or the regulations of the
department, or if the State Personnel Board certifies to the director
that a county is not in conformity with established merit system
standards under Part 2.5 (commencing with Section 19800) of Division
5 of Title 2 of the Government Code, and that administrative
sanctions are necessary to secure compliance, the director may invoke
either of the following sanctions:
(1) Withhold all or part of state and federal funds from the
county until the county demonstrates to the director that it has
complied.
(2) Assume, temporarily, direct responsibility for the
administration of all or part of any or all programs administered by
the department in the county until the time as the county provides
reasonable assurances to the director of its intention and ability to
comply. During the period of direct state administrative
responsibility, the director or his or her authorized representative
shall have all of the powers and responsibilities of the county
director, except that he or she shall not be subject to the authority
of the board of supervisors.
In the event that the director invokes sanctions pursuant to this
section, the county shall be responsible for providing any funds as
may be necessary for the continued operation of all programs
administered by the department in the county. If a county fails or
refuses to provide these funds, including a sufficient amount to
reimburse any and all costs incurred by the department in directly
administering any program in the county, the Controller may deduct an
amount certified by the director as necessary for the continued
operation of these programs by the department from any state or
federal funds payable to the county for any purpose.
Nothing in this section shall be construed as preventing a county
from seeking judicial review under Section 1094.5 of the Code of
Civil Procedure of any final decision of the director made after a
hearing conducted under this section. This review shall be the
exclusive remedy available to the county for review of the director's
decision.
Nothing in this section shall be construed as preventing the
director from bringing an action for writ of mandamus or any other
action in court as may be appropriate to insure that there is no
interruption in the provision of benefits to any person eligible
therefor under the provisions of this code or the regulations of the
department.

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

10606. The department shall cause to be published and made
available, at no cost to the public, all of its rules and regulations
relating to:
(a) The government of the department.
(b) Any form of public assistance for which state aid is granted
to the counties or over the administration of which the department
has supervision.
The department shall also provide at no cost such subscription
service as may be necessary to assure prompt receipt of all additions
and amendments to the rules and regulations of the department and
digests of decisions compiled under Section 10964.

10606.1. (a) The department and county welfare departments shall
have access to computer information maintained in the files of the
Employment Development Department pursuant to Sections 1094 and 1095
of the Unemployment Insurance Code.
(b) The county shall access the information maintained in the
Employment Development Department pursuant to Sections 1094 and 1095
of the Unemployment Insurance Code to determine if the applicant for,
or recipient of, public social services may be eligible for
unemployment insurance benefits or disability insurance benefits. If
the information reveals that the applicant for, or recipient of,
public social services may actually be eligible for a specified
amount of weekly unemployment insurance benefits or disability
insurance benefits, the county may require the applicant or recipient
to make an application for unemployment insurance benefits or
disability insurance benefits.
(c) Subdivision (b) shall not be construed to require or used as
justification for a county to upgrade or change its computer system
in order to comply with that subdivision.

10607. Where the department causes to be published for public
distribution informational pamphlets and related materials relating
to public assistance programs administered or supervised by the
department, they shall be printed in English and may be printed
separately in Spanish, or at the discretion of the department, in
English and Spanish, in such numbers as the department may determine.

10607.5. (a) In order to better inform the public as to the range
of social services available to aid children and their families, and
to provide a concise summary of programs caseworkers may access to
aid clients, the State Department of Social Services shall prepare a
guide to all programs administered by county departments of social
services for children and their families, and that are regulated by
the State Department of Social Services. This guide shall include
brief descriptions of programs and succinct summaries of their
eligibility requirements for all programs available on a statewide
basis or in at least two counties. The guide shall not exceed five
letter-sized pages. It is not the intent of the Legislature that the
guide be a comprehensive training manual for social workers. The
guide shall, therefore, be written in language tailored for
comprehension by the general public. The guide shall be updated on an
annual basis.
(b) The State Department of Social Services shall provide one
master copy of the guide, prepared pursuant to subdivision (a), to
each county department of social services office that serves children
and their families. The State Department of Social Services and
county social services departments may make copies of the guide
available to members of the public upon request on a fee-for-service
basis, provided that the fee shall not exceed the cost of duplication
and mailing.

10608. Copies of all laws relating to any form of public social
service for which state aid is granted to counties, and over the
administration of which the department has supervision, and of all
bulletins and rules and regulations of the department, shall be made
available to the public and for public inspection during regular
office hours at each county office administering such aid and in each
local or regional office of the department.

10609. The department may act as the agent or representative of or
cooperate with the federal government in any matters within the scope
of the functions of the department, for the administration of
federal funds granted to this state or for any other purpose in
furtherance of those functions.
The department may cooperate with the federal government, its
agencies or instrumentalities, in establishing, extending, and
strengthening services for the protection and care of homeless,
dependent, and neglected children, and children in danger of becoming
delinquent, and may receive and expend all funds made available for
such purposes by the federal government to the department, the state,
a county, a district, a municipal corporation, or a political
subdivision.
Any contract or agreement entered into by the department with the
federal government or any agency thereof for the expenditure of any
funds in the exercise of any power granted to the department by this
section shall be subject to approval by the State Department of
Finance.

10609.3. (a) By January 1, 1995, the State Department of Social
Services shall complete, in consultation with county Independent
Living Program administrators, placement agencies, providers,
advocacy groups, and community groups, a comprehensive evaluation of
the Independent Living Program established pursuant to the federal
Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law
99-272) and develop recommendations available to the public on how
independent living services could better prepare foster youth for
independence and adulthood.
(b) The department shall investigate alternative transition
housing models for youth between the ages of 17 and 18 who are in
out-of-home placements under the supervision of the county department
of social services or county probation department. To the extent
federal funds are available and it is in the best interests of the
children, the department shall develop and implement a transitional
housing model for youth who are preparing for emancipation from
foster care.
(c) The department shall also investigate alternative transition
models for youth discharged from foster care to live on their own. As
part of this investigation, the department shall consider the needs
of youth for housing, transportation, health care, access to
community resources, employment, and other support services.
(d) The department shall, with the approval of the federal
government, amend the foster care state plan, provided for pursuant
to Subtitle IV-E (commencing with Section 470) of the federal Social
Security Act (42 U.S.C. Sec. 670, et seq.), and the child welfare
services state plan (42 U.S.C. Sec. 622), to permit all eligible
children be served by the Independent Living Program up to the age of
21 years.
(e) (1) Effective July 1, 2000, the department, in consultation
with the Independent Living Program Strategic Planning Committee,
shall develop and implement a stipend to supplement and not supplant
the Independent Living Program. To qualify for this stipend, a youth
shall be otherwise eligible for the Independent Living Program, have
been emancipated from foster care to live on his or her own, and be
approved by the county. The stipend may provide for, but not be
limited to, assisting the youth with the following independent living
needs:
(A) Bus passes.
(B) Housing rental deposits and fees.
(C) Housing utility deposits and fees.
(D) Work-related equipment and supplies.
(E) Training-related equipment and supplies.
(F) Education-related equipment and supplies.
(2) Notwithstanding Section 10101, the state shall pay 100 percent
of the nonfederal costs associated with the stipend program in
paragraph (1), subject to the availability of funding provided in the
annual Budget Act.

10609.4. (a) On or before July 1, 2000, the State Department of
Social Services, in consultation with county and state
representatives, foster youth, and advocates, shall do both of the
following:
(1) Develop statewide standards for the implementation and
administration of the Independent Living Program established pursuant
to the federal Consolidated Omnibus Budget Reconciliation Act of
1985 (Public Law 99-272).
(2) Define the outcomes for the Independent Living Program and the
characteristics of foster youth enrolled in the program for data
collection purposes.
(b) Each county department of social services shall include in its
annual Independent Living Program report both of the following:
(1) An accounting of federal and state funds allocated for
implementation of the program. Expenditures shall be related to the
specific purposes of the program. Program purposes may include, but
are not limited to, all of the following:
(A) Enabling participants to seek a high school diploma or its
equivalent or to take part in appropriate vocational training, and
providing job readiness training and placement services, or building
work experience and marketable skills, or both.
(B) Providing training in daily living skills, budgeting, locating
and maintaining housing, and career planning.
(C) Providing for individual and group counseling.
(D) Integrating and coordinating services otherwise available to
participants.
(E) Providing each participant with a written transitional
independent living plan that will be based on an assessment of his or
her needs, that includes information provided by persons who have
been identified by the participant as important to the participant in
cases in which the participant has been in out-of-home placement for
six months or longer from the date the participant entered foster
care, consistent with the participant's best interests, and that will
be incorporated into his or her case plan.
(F) Providing participants who are within 90 days of attaining 18
years of age, or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), including those former foster care youth receiving
Independent Living Program Aftercare Services, the opportunity to
complete the exit transition plan as required by paragraph (16) of
subdivision (f) of Section 16501.1.
(G) Providing participants with other services and assistance
designed to improve independent living.
(H) Convening persons who have been identified by the participant
as important to him or her for the purpose of providing information
to be included in his or her written transitional independent living
plan.
(2) A detail of the characteristics of foster youth enrolled in
their independent living programs and the outcomes achieved based on
the information developed by the department pursuant to subdivision
(a).
(c) The county department of social services in a county that
provides transitional housing placement services pursuant to
paragraph (2) of subdivision (a) of Section 11403.2 shall include in
its annual Independent Living Program report a description of
currently available transitional housing resources in relation to the
number of emancipating pregnant or parenting foster youth in the
county, and a plan for meeting any unmet transitional housing needs
of the emancipating pregnant or parenting foster youth.
(d) In consultation with the department, a county may use
different methods and strategies to achieve the standards and
outcomes of the Independent Living Program developed pursuant to
subdivision (a).
(e) In consultation with the County Welfare Directors Association,
the California Youth Connection, and other stakeholders, the
department shall develop and adopt emergency regulations, no later
than July 1, 2012, in accordance with Section 11346.1 of the
Government Code that counties shall be required to meet when
administering the Independent Living Program and that are achievable
within existing program resources and any federal funds available for
case management and case plan review functions for nonminor
dependents, as provided for in the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351).
The initial adoption of emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare. Initial emergency regulations and the
first readoption of those regulations shall be exempt from review by
the Office of Administrative Law. The initial emergency regulations
and the first readoption of those regulations authorized by this
subdivision shall be submitted to the Office of Administrative Law
for filing with the Secretary of State and each shall remain in
effect for no more than 180 days.
(f) The department, in consultation with representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of tribes, the California Youth Connection, former
foster youth, child advocacy organizations, labor organizations,
dependency counsel for children, juvenile justice advocacy
organizations, foster caregiver organizations, and researchers, shall
review and develop modifications needed to the Independent Living
Program to also serve the needs of nonminor dependents, as defined in
subdivision (v) of Section 11400, eligible for services pursuant to
Section 11403. These modifications shall include the exit transition
plan required to be completed within the 90-day period immediately
prior to the date the nonminor participant attains the age that would
qualify the participant for federal financial participation, as
described in Section 11403, pursuant to Section 675(5)(H) of Title 42
of the United States Code. Notwithstanding the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, through June 30,
2012, the department shall prepare for implementation of the
applicable provisions of this section by publishing all-county
letters or similar instructions from the director by October 1, 2011,
to be effective January 1, 2012.

10609.45. (a) Subject to subdivision (b), and notwithstanding any
other provision of law, services available under the Independent
Living Program, established pursuant to the federal Consolidated
Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), shall
be provided to an otherwise eligible former dependent child of the
juvenile court pursuant to Section 300 placed with a nonrelated legal
guardian, who is receiving permanent placement services pursuant to
subdivision (b) of Section 16508. In a county operating under a
demonstration project pursuant to Section 18260, services available
under the Independent Living Program shall be provided to an
otherwise eligible former dependent child of the juvenile court
pursuant to Section 300 placed with a nonrelated legal guardian,
regardless of whether the child is receiving permanent placement
services.
(b) Services provided pursuant to subdivision (a) shall only be
provided to an otherwise eligible former dependent child of the
juvenile court pursuant to Section 300 placed with a nonrelated legal
guardian, whose guardianship was ordered on or after the child's
eighth birthday.

10609.5. (a) The department shall contract with an appropriate and
qualified entity to conduct an evaluation of the adequacy of the
current child welfare services budgeting methodology and make
recommendations for revising the budgeting methodology, including
appropriate caseload levels, supportive services, and preventative
services, in order to accurately and adequately fund the system. This
evaluation shall, at a minimum, consider the impact of the following
factors on the budgeting methodology:
(1) The current state and federal statutory and regulatory
environment for child welfare services.
(2) The state of the art advancements and best child welfare
practice, such as family conferencing and wraparound services.
(3) The impact of the child welfare services case management
system on the workload of workers in the system.
(4) The nature and degree of the problems experienced by families
in need of child welfare services, and the service needs of abused
and neglected children and their families.
(5) The impact on workload of obtaining timely medical, mental
health, educational, and developmental assessments of children in the
child welfare system, and coordinating with other systems to meet
the children's needs.
(b) The department shall convene an advisory group that shall
include representatives of the County Welfare Directors Association,
the California State Association of Counties, child welfare services
consumers, children's advocacy organizations, and child welfare
social worker organizations. The advisory group shall do both of the
following:
(1) Provide oversight over the process of selecting an entity to
conduct an evaluation under subdivision (a).
(2) Provide oversight over, and technical assistance to, the
entity selected to conduct the evaluation under subdivision (a).

10609.6. (a) The department, in consultation with the seven member
task force specified in subdivision (b), shall develop a plan to
implement the recommendations of the evaluation required by Section
10609.5.
(b) The task force created pursuant to this section shall include
all of the following:
(1) The director, or his or her designee.
(2) One representative from each of the following:
(A) The Department of Finance.
(B) The County Welfare Directors Association.
(C) The California State Association of Counties.
(D) Child welfare services consumers.
(E) Children's advocacy organizations.
(F) Child welfare social worker organizations.
(c) If participation on the task force convened pursuant to this
section will cause hardship for the representative of child welfare
consumers identified in paragraph (4) of subdivision (b), the
department, upon the request of the representative, shall provide
reimbursement for travel and other expenses directly related to
participation in the task force. Except as provided in this
subdivision, no task force member shall receive compensation or any
other payment for serving on the task force.
(d) The department shall submit the implementation plan to the
appropriate policy and fiscal committees of the Legislature on or
before June 30, 2001.

10609.7. (a) The Legislature finds and declares all of the
following:
(1) The department has convened the Child Welfare Services
Stakeholders Group for the purpose of making recommendations to
redesign California's child welfare system to create and sustain a
flexible system, comprising public and private partnerships, that
provides a comprehensive system of support for families and
communities to ensure the well-being of every child.
(2) In the first year of the stakeholders group, there was
significant attention brought to the carrying capacity of direct
service professionals through the development of an implementation
plan of child welfare services workload study pursuant to Section
10609.5.
(3) The stakeholders group has convened a series of working
groups, including the Human Resources Workgroup, whose tasks are to
develop core strategies and recommendations resulting in a high
capacity, competent, satisfied child welfare services workforce able
to perform the essential functions of the redesigned child welfare
system.
(4) In the second year, the Human Resources Workgroup report found
that workload issues have not appreciably declined and that for the
child welfare services redesign to be successful, workforce
considerations need to be at the forefront of all redesign efforts.
(5) The stakeholders group and its Human Resources Workgroup have
entered the third year of the redesign process for the state's child
welfare services.
(b) It is the intent of the Legislature that the Human Resources
Workgroup of the Child Welfare Services Stakeholders Group include in
its next planned report the core strategies needed to establish
minimum caseload standards under the redesigned child welfare
services system for all service areas.
(c) It is the intent of the Legislature that the Human Resources
Workgroup also make recommendations for implementing the new caseload
standards, including a recommendation that would achieve at least 20
percent of the caseload reductions annually over a specified period
of time, as required under the newly recommended standards.

10609.8. On an annual basis, at the time of budget hearings, the
State Department of Social Services shall provide information to the
budget committees of the Legislature comparing the Governor's
proposed statewide budget for the child welfare services program,
including the augmentation and hold harmless funds, to the caseload
standards recommended by the evaluation required under Section
10609.5, updated for an analysis of cost-of-doing-business increases
and to account for the use of child welfare services funding for
noncase-carrying activities, based on information supplied by
counties, and measured on a statewide basis. The department shall
consult with representatives of the County Welfare Directors
Association in the development of statewide cost-of-doing-business
increases and the average proportion of expenditures on
noncase-carrying activities.

10609.9. (a) (1) Commencing with the 2006 Budget Act, of the
amounts appropriated in Program 25.30-Children and Adult Services and
Licensing, in Items 5180-151-0001 and 5180-151-0890 of the annual
Budget Act, ninety-eight million dollars ($98,000,000) is annually
designated for needed outcome improvements identified in the county
system improvement plans. These funds shall be allocated based on a
methodology developed by the department, in consultation with the
County Welfare Directors Association. Funds appropriated for child
welfare services outcome improvements shall be flexible and may be
spent on local priorities identified in the county's system
improvement plan, including, but not limited to, any of the
following:
(A) Reducing high worker caseloads.
(B) Clerical or paraprofessional support.
(C) Direct services to clients, such as mental health or substance
abuse treatment.
(D) Prevention and early intervention services, such as
differential response.
(E) Permanency and youth transition practice improvements.
(F) Any other investments to better serve children and families,
which may include services to support older youth in foster care,
such as mentoring services.
(2) A county is not required to provide a match of the funds
described in this subdivision if the county appropriates the required
full match for the county's child welfare services program exclusive
of the funds received pursuant to this subdivision.
(3) It is the intent of the Legislature that these funds be linked
to improved outcomes, and provided to counties on an ongoing basis.
(b) By February 1, 2007, the department shall work with the County
Welfare Directors Association, legislative staff, and members of
organizations that represent social workers, to develop and submit to
the Legislature a proposed methodology for budgeting the child
welfare services program to meet the program requirements and
outcomes identified in Section 10601.2. It is the intent of the
Legislature that this methodology be implemented in the Budget Act of
2007.
(c) In developing the new methodology, the department shall
consider available research, including the study required by Section
10609.5, industry standards developed by recognized child welfare
organizations and accrediting bodies, budgeting methodologies used in
other states, as well as available research and information
regarding budgeting methodologies in support of best practices and
improved outcomes.

10610. The department may join associations of social welfare
agencies having as their purpose the interchanging or supplying of
information relating to the technique of social welfare
administration.

10611. All plans for the use of existing buildings or for new
buildings, parts of buildings, or additions to or alterations in
buildings, for any public institution under the supervision of the
department or for any state, city, or county charitable institution
(other than county hospitals and institutions under the jurisdiction
of another state department) or for any privately operated
institution which receives state aid for the care or support of its
inmates shall, before their adoption, be submitted to the department
for suggestions and approval as to the social requirements of the
occupants.

10612. Two months prior to each annual session of the Legislature,
the department shall make a full and complete report to the Governor
of all its transactions during the preceding year, showing
specifically all expenses incurred and moneys paid out by it, with
suggestions and recommendations for legislative and executive action.
The department shall include in its report a complete report on
its administration of appeals.

10613. The functions of the department may include the
administration and the supervision of the administration of public
social services, except health care services and medical assistance,
within this state as an agent of the federal government and acting as
a service agency for the federal government in the field of social
service and welfare.

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

10614.5. Upon the request of the Joint Legislative Budget
Committee, the Department of Finance shall make immediately available
data on monthly caseloads and expenditures for public social
services programs supervised by the State Department of Social
Services. In addition, this data shall be incorporated into and made
an integral part of the budget data system.

10615. California's 58 counties vary greatly in their welfare
problems, and therefore they should not be treated alike in the
supervision of welfare programs. The Legislature hereby declares its
intent that the department examine the extent of state control needed
over county operations, with a view toward eliminating excessive
rigidity in procedure; the state should differentiate between those
counties which need general direction as opposed to tight
supervision.
Within these guidelines, the department shall aid county
departments in establishing economic, efficient, and effective
methods of operation, including, but not limited to, advising and
consulting with county departments with regard to the introduction of
electronic computer and data processing systems, personnel
utilization, office controls, centralized purchasing, centralized
warehousing, writing of specifications, and examination of materials
and equipment purchased by county departments.

10616. The department shall formulate plans for the recruitment,
utilization, and training of volunteers to assist in performing
services and other duties for the county public social services for
the purpose of improving participation in the county public welfare
programs. Such plans shall not become effective in a county until
approved by a resolution adopted by the board of supervisors.

10617. In fixing rates for out-of-home care in nonmedical
facilities authorized to provide care for recipients of public
assistance, the department shall establish a rate plan providing a
differential in rate allowances related to the differences in the
degree of care required by recipients. The rate structure shall
reflect differences in accordance with the specific types of services
that are rendered by the facility in providing care for recipients.
In establishing the rate structure, the department shall strive to
improve and increase the range of services provided by out-of-home
facilities in order that recipients may receive the type of care they
require at a reasonable cost.
In order to keep people in their own homes whenever possible, the
department shall develop an expanded range of home care services that
will make it possible for people to remain in their own homes or
homes of their own choosing with safety. The department shall give
particular attention to the training of homemakers to be employed
directly by county departments.
In developing plans for the recruitment and training of
homemakers, the department shall give priority to the training and
employment of recipients of public assistance. Emphasis shall be
given to arranging hours of work and training so that parents with
primary responsibility for the care of children can participate in
the program, to the extent not in conflict with federal law.

10618. Funding of Section 10617 is subject to the provisions of
Part 1.5 (commencing with Section 10100) of this division.

10618.5. (a) The county welfare department shall send any food
stamp applicant who is determined to be eligible for food stamps and
who does not indicate on his or her application an interest in
enrolling in the Medi-Cal program a copy of the notice developed
pursuant to subdivision (b).
(b) (1) Each county welfare department shall develop a notice
informing individuals identified pursuant to subdivision (a) that
they may be entitled to receive Medi-Cal benefits and requesting
their permission to use the information in the food stamp recipient's
case file to make a determination of eligibility for the Medi-Cal
program.
(2) The notice shall also include a request for permission to
forward the information in the food stamp recipient's case file to
the Healthy Families Program administrator for eligibility
determination if the individual is determined to be eligible to
participate in the Medi-Cal program with a share of cost, or is
determined to be ineligible for Medi-Cal.
(3) To apply for medical assistance under the Medi-Cal program,
the food stamp recipient shall sign, date, and return the notice
requesting that an eligibility determination be made.
(4) Upon receipt of the notice, the county welfare department
shall make an eligibility determination by utilizing the information
in the food stamp recipient's case file or paper application. The
Medi-Cal application date shall be the date the notice is received by
the county welfare department.
(5) If the food stamp case file does not include sufficient
information to establish Medi-Cal program eligibility, the county
welfare department shall request, either orally or in writing,
additional information from the food stamp recipient.
(6) The notice shall be written in culturally and linguistically
appropriate language and at an appropriate literacy level. The notice
shall include information on the Medi-Cal program and the Healthy
Families Program, a telephone number that food stamp recipients may
call for additional information, and a prepaid means of returning the
notice to the county welfare department to begin the eligibility
determination process.
(c) If an individual identified in subdivision (a) or (b) is
determined to be eligible to participate in the Medi-Cal program with
a share of cost, or is determined to be ineligible for Medi-Cal,
information pertinent to the food stamp recipient's eligibility for
the Healthy Families Program shall be forwarded by the county welfare
department to the Healthy Families Program statewide administrator
for immediate processing. If there is insufficient information to
establish Healthy Families Program eligibility, the administrator
shall request, either orally or in writing, additional information
from the food stamp recipient.
(d) Counties shall include the cost of implementing this section
in their annual administrative budget requests to the State
Department of Health Services.

10618.6. When a youth in a foster care placement reaches his or her
16th birthday, the county welfare department shall request a
consumer disclosure, pursuant to the free annual disclosure provision
of the federal Fair Credit Reporting Act, on the youth's behalf,
notwithstanding any other provision of law, to ascertain whether or
not identity theft has occurred. If there is a disclosure for the
youth and if the consumer disclosure reveals any negative items, or
any evidence that some form of identity theft has occurred, the
county welfare department shall refer the youth to an approved
counseling organization that provides services to victims of identity
theft. The State Department of Social Services, in consultation with
the County Welfare Directors Association, consumer credit reporting
agencies, and other relevant stakeholders, shall develop a list of
approved organizations to which youth may be referred for assistance
in responding to an instance of suspected identity theft. Nothing in
this section shall be construed to require the county welfare
department to request more than one consumer disclosure on behalf of
a youth in care, or to take steps beyond referring the youth to an
approved organization.

10619. A public agency shall, in implementing programs affected by
the act adding this section to the Welfare and Institutions Code,
perform program functions exclusively through the use of merit civil
service employees of the public agency, except to the extent
permitted by provisions of state and federal law governing the
affected program that were in effect on August 21, 1996.