SECTIONS 15200-15207 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 15200-15207

15200. There is hereby appropriated out of any money in the State
Treasury not otherwise appropriated, and after deducting federal
funds available, the following sums:
(a) To each county for the support and maintenance of needy
children, 95 percent of the sums specified in subdivision (a), and
paragraphs (1) and (2) of subdivision (e), of Section 11450.
(b) To each county for the support and maintenance of pregnant
mothers, 95 percent of the sum specified in subdivisions (b) and (c)
of Section 11450.
(c) For the adequate care of each child pursuant to subdivision
(d) of Section 11450, as follows:
(1) For any county that meets the performance standards or outcome
measures in Section 11215, an amount equal to 40 percent of the sum
necessary for the adequate care of each child.
(2) For any county that does not meet the performance standards or
outcome measures in Section 11215, an amount which shall not be less
than 67.5 percent of one hundred twenty dollars ($120), and
multiplied by the number of children receiving foster care in the
county, added to an additional twelve dollars and fifty cents
($12.50) a month per eligible child.
(3) The department shall determine the percentage of state
reimbursement for those counties that fail to meet the requirements
of subparagraph (1) according to the regulations required by
subdivision (b) of Section 11215.
(d) Notwithstanding subdivision (c), the amount of funds
appropriated from the General Fund in the annual Budget Act that
equates to the amount claimed under the Emergency Assistance Program
that has been included in the state's Temporary Assistance for Needy
Families block grant for foster care maintenance payments shall be
considered federal funds for the purposes of calculating the county
share of cost, provided the expenditure of these funds contributes to
the state meeting its federal maintenance of effort requirements.
(e) To each county for the support and care of hard-to-place
adoptive children, 75 percent of the nonfederal share of the amount
specified in Section 16121.
(f) To each county for the support and care of former dependent
children who have been made wards of related guardians, an amount
equal to 50 percent of the Kin-GAP payment under Article 4.5
(commencing with Section 11360) of Chapter 2 minus the federal TANF
block grant contribution specified in Section 11364. This subdivision
shall become inoperative on July 1, 2006.
(g) The State Department of Social Services shall not implement
any change in the current funding ratios to counties as a
reimbursement for out-of-home care placement until the development of
a new performance standard system. The State Department of Social
Services shall notify the Department of Finance when the new
performance standard system is developed and ready for
implementation. The Department of Finance, pursuant to the provisions
of Section 28 of the Budget Act, shall notify the Joint Legislative
Budget Committee in writing of its intent to implement a new
performance standard that would impact the counties' funding
allocation. The notification shall include the text of the draft
regulations to implement the performance standards. Any adjustment in
the county funding allocation shall not be implemented sooner than
60 days after receipt and review of the new performance standard by
the Joint Legislative Budget Committee and a review of the proposed
changes by the Legislative Analyst.
(h) Federal funds received under Title XX of the federal Social
Security Act (42 U.S.C. Sec. 1397 et seq.) and appropriated by the
Legislature for the Aid to Families with Dependent Children-Foster
Care (AFDC-FC) program shall be considered part of the state share of
cost and not part of the federal expenditures for purposes of
subdivision (c).

15200.05. (a) Federal block grant funds received for the Temporary
Assistance for Needy Families program pursuant to subtitle A
(commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.) may be deposited in, and
shall be administered through, the Temporary Assistance for Needy
Families Fund, which is hereby created in the State Treasury. Upon
authorization by the Director of Finance, special accounts may be
established within this fund, and the fund may be used in accounting
for any federal Temporary Assistance for Needy Families block grant
funds received from the federal government after August 22, 1996.
(b) A fund condition statement for the federal block grant
received for the Temporary Assistance for Needy Families program
shall be provided to the Department of Finance with the estimates
submitted pursuant to subdivision (d) of Section 10614 whether or not
the Temporary Assistance for Needy Families Fund created by this
section is used for the deposit and administration of those moneys.

15200.15. For purposes of Section 15200, any reference to
paragraphs (1) and (2) of subdivision (e) of Section 11450 shall mean
subdivisions (e) and (f) of Section 11450.

15200.4. (a) In administering the Aid to Families with Dependent
Children program provided for under Chapter 2 (commencing with
Section 11200), excluding provisions relating to foster care, the
director may impose sanctions as provided by this section to assure
adequate county administration performance. Fiscal sanctions may be
imposed against a county only if the department has conducted, within
the county, a statistically reliable and valid case sample with a
confidence level of at least 95 percent.
(b) The director may hold counties financially liable for aid paid
to ineligible persons and aid paid to eligible persons in excess of
the amount to which they are entitled as represented by a dollar
error rate. There shall be established annually in the Budget Act a
dollar error rate standard which shall be the basis for computing a
county's liability under this section for the two subsequent quality
control review periods for which error rates are generated. Counties
which exceed the standard during the sanction period may be
apportioned a sanction no greater than the state share of the Aid to
Families with Dependent Children program payments multiplied by the
amount by which the statistical measure of the lower point estimate
of their error rate exceeded the standard.
(c) If a federal fiscal sanction is imposed against the state as a
result of the state's dollar error rate being above the federally
established tolerance level, the director shall pass the sanction on
to the counties in accordance with regulations adopted by the
director which establish a method for equitable distribution of the
sanction. The amount assessed to any county may be reduced or set
aside if the director finds that extenuating circumstances existed
and that imposition of the full sanction amount would unfairly
penalize the county.

15200.5. Notwithstanding the provisions of subdivision (c) of
Section 15200, the county shall be responsible for 100 percent of the
nonfederal share of payments to needy children eligible for AFDC-FC
under the conditions of Section 11402.5, and for payments made to
foster parents pursuant to Section 11410.

15201. There is hereby continuously appropriated out of any moneys
in the State Treasury not otherwise appropriated to the department
for allocation to the Secretary of the Department of Health,
Education and Welfare for payment of an amount equal to the amount of
any grants made by the secretary as supplemental payments to aged,
blind or disabled persons under the provisions of Chapter 3
(commencing with Section 12000) of this part, less amounts payable by
the federal government pursuant to Section 401 of Title IV of the
Social Security Act Amendments of 1972.
The amendment of this section by Chapter 871 of the Statutes of
1974 does not constitute a change in, but is declaratory of, the
preexisting law.

15203. The state shall pay for an amount equal to the amount of any
grant made by the county for blind persons who come within the
provisions of Chapter 5 (commencing with Section 13000) of this part
by any appropriation therefor in the Budget Act.

15204.1. Commencing on June 1, 1973, the state shall pay, in
addition to its share of costs of public assistance under Sections
15200 and 15203, an amount equal to 100 percent of the nonfederal
share of increases in grants made pursuant to Section 11006.1 and
pursuant to the amendments to Section 11450 made during the 1972
Regular Session.

15204.15. To the extent permitted by federal law and upon
authorization pursuant to statute, including the annual Budget Act,
the Director of Finance may transfer moneys in the Federal Trust Fund
derived from the federal Temporary Assistance for Needy Families
block grant for augmentation of moneys received pursuant to the
federal Child Care and Development Block Grant and the block grant
provided for pursuant to Title XX of the federal Social Security Act
(42 U.S.C. Sec. 1397). The transfer may be made not sooner than 30
days after notification, in writing, to the chairperson of the
committee in each house of the Legislature that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the Chairperson of
the Joint Legislative Budget Committee or his or her designee may,
in each instance, determine.

15204.2. (a) It is the intent of the Legislature that the annual
Budget Act appropriate state and federal funds in a single allocation
to counties for the support of administrative activities undertaken
by the counties to provide benefit payments to recipients of aid
under Chapter 2 (commencing with Section 11200) of Part 3 and to
provide required work activities and supportive services in order to
efficiently and effectively carry out the purposes of that chapter.
(b) (1) No later than 30 days after the enactment of the Budget
Act of 2004, the State Department of Social Services, in consultation
with the County Welfare Directors Association, shall estimate the
amount of unspent funds appropriated in the 2003-04 fiscal year
single allocation described in this section.
(2) Unspent funds appropriated in the 2003-04 fiscal year single
allocation, not to exceed forty million dollars ($40,000,000), shall
be reappropriated to, and in augmentation of, Item 5180-101-0890 of
Section 2.00 of the Budget Act of 2004. The State Department of
Social Services, in consultation with the County Welfare Directors
Association, shall develop an allocation methodology for these funds.
A planning allocation, based on the estimated amount of unspent
funds and the agreed upon allocation methodology, shall be provided
to the counties no later than 30 days after the enactment of the
Budget Act of 2004.
(c) (1) No later than 30 days after the enactment of the Budget
Act of 2005, the State Department of Social Services, in consultation
with the County Welfare Directors Association, shall estimate the
amount of unspent funds appropriated in the 2004-05 fiscal year
single allocation described in this section.
(2) Unspent funds appropriated in the 2004-05 fiscal year single
allocation, not to exceed fifty million dollars ($50,000,000), shall
be reappropriated to, and in augmentation of, Item 5180-101-0890 of
Section 2.00 of the Budget Act of 2005. The State Department of
Social Services, in consultation with the County Welfare Directors
Association, shall develop an allocation methodology for these funds
in order to partially offset the estimated savings due to the
implementation of the quarterly reporting/prospective budgeting. A
planning allocation, based on the estimated amount of unspent funds
and the agreed upon allocation methodology, shall be provided to the
counties no later than 30 days after the enactment of the Budget Act
of 2005.
(d) The State Department of Social Services shall work with the
County Welfare Directors Association to determine the effect of
implementation of the quarterly reporting/prospective budgeting
system on eligibility activities and evaluate the impact on
administrative costs.

15204.25. Notwithstanding any other provision of law, the amount of
federal funds appropriated in the annual Budget Act that equates to
the amount claimed under the Emergency Assistance Program that has
been included in the state's Temporary Assistance for Needy Families
block grant for county administration shall be considered federal
funds for the purposes of calculating the county share of cost,
provided the expenditure of these funds contributes to the state
meeting its federal maintenance of effort requirements.

15204.3. (a) Beginning in the 2000-01 fiscal year, allocation of
funds provided under Section 15204.2 shall be made, in the case of
funds for benefits administration and employment services, based on
projected county costs and subject to funds appropriated in the
annual Budget Act for operating the CalWORKs program under Chapter 2
(commencing with Section 11200). By November 1, 1999, the department
and the County Welfare Directors Association shall jointly develop
the specific components of this budgeting methodology, including a
process for ensuring that costs funded under the methodology are
reasonable and consistent with the requirements of this chapter. It
is the intent of the Legislature that limited-term housing assistance
be considered as part of the cost-based allocation methodology,
where appropriate.
(b) Beginning in the 2002-03 fiscal year, funding in support of
all components of the CalWORKs program and all state programs funded
with federal Temporary Assistance for Needy Families funding shall be
based on a budgeting methodology developed by the department in
consultation with the counties, the California State Association of
Counties, the County Welfare Directors Association, and other
stakeholders, and subject to funds appropriated in the annual Budget
Act for administration of the CalWORKs program under Chapter 2
(commencing with Section 11200). In developing the new methodology,
the department shall consider, among other factors, the availability
of state and federal funds, projected caseload, and the need for
basic supportive and employment services. The department shall submit
the new methodology to the policy and fiscal committees of both
houses of the Legislature by November 15, 2001.
(c) Beginning in the 2002-03 fiscal year, any adjustments to the
county CalWORKs single allocations, determined pursuant to Section
15204.2, for funding overlaps pertaining to both United States
Department of Labor Welfare-to-Work Grant funds and state matching
funds, shall reflect the most recent available data regarding the
expenditures of those funds that offset the funds that counties would
have otherwise spent from the CalWORKs single allocations.
(d) In the 1997-98 fiscal year, additional funds for
welfare-to-work administration above GAIN allocation in the 1996-97
fiscal year shall be distributed among the counties with two-thirds
allocated to all counties based on each county's share of adults
aided under Chapter 2 (commencing with Section 11200). The remaining
one-third shall be allocated among only those counties that in the
prior year received an allocation per average aided adult at a level
less than the statewide average, and shall be distributed among those
counties so that they each receive the same overall allocation per
average aided adult for welfare-to-work administration.
(e) For purposes of this section, and subject to funds
appropriated in the annual Budget Act, no county shall receive less
for employment services than what was received in the 1997-98 fiscal
year allocation for welfare-to-work administration unless a county
projects that its cost will be less than its 1997-98 fiscal year
allocation for employment services.
(f) (1) In the 2001-02 fiscal year, the sum of three million five
hundred eighty-seven thousand dollars ($3,587,000) in state matching
funds for federal welfare-to-work block grant funds appropriated by
Item 5180-101-0001 of the Budget Act of 2001 is for the purpose
specified in paragraph (3).
(2) (A) No later than 30 days after the receipt of fourth-quarter
claims submitted by counties in accordance with this section, the
department shall determine the amount of unspent funds appropriated
for the 2000-01 fiscal year for the CalWORKs single allocation and
the CalWORKs mental health and substance abuse allocations. The
department shall also determine the amount of those funds that were
appropriated from the General Fund and the amount that was
appropriated from the Federal Trust Fund.
(B) The amount determined pursuant to subparagraph (A) to have
been appropriated from the General Fund shall be reappropriated to
Item 5180-101-0001 of the Budget Act of 2001.
(C) The amount determined pursuant to subparagraph (A) to have
been appropriated from the Federal Trust Fund shall be reappropriated
to Item 5180-101-0890 of the Budget Act of 2001.
(3) No later than 60 days after the receipt of fourth-quarter
claims, all funds appropriated to Item 5180-101-0001 and Item
5180-101-0890 of the Budget Act of 2001 pursuant to this subdivision
shall be allocated to the counties that are under equity with respect
to the single allocation (excluding child care and Cal-Learn) for
the 2001-02 fiscal year, according to a methodology developed by the
department, in consultation with the County Welfare Directors
Association.
(g) For the 2002-03 fiscal year only, the single allocation made
pursuant to Section 15204.2 shall include an adjustment in the amount
of one hundred twenty-eight million dollars ($128,000,000), from
funds appropriated in Item 5180-101-0890, Schedule 16.30 (b) of
Section 2.00 of the Budget Act of 2002. The appropriated funds shall
be allocated to counties for the 2002-03 fiscal year according to a
methodology determined by the department in consultation with the
County Welfare Directors Association.

15204.4. In addition to the funds received under Section 15204.2,
counties shall be required to expend money from their own funds,
either from the county's general fund or from the social services
account of the county health and welfare trust fund to support
administration of programs providing services to needy families. Each
county shall expend an amount for these programs that, when combined
with funds expended under Section 18906.5 for administration of food
stamps, equals or exceeds the amount spent by that county for
corresponding activities during the 1996-97 fiscal year. Failure to
meet this required level of spending shall result in a proportionate
reduction of the funds provided under Section 15204.2. In those cases
the Director of Social Services shall report to the Legislature
within 30 days his or her findings relative to the ability of the
county, with reduced funds, to meet its obligations in administering
the affected programs. The report shall include any relevant
information related to the performance of the county.

15204.5. The department shall establish and maintain a plan whereby
costs for county administration of the payment of aid grants under
this part will be effectively controlled within the amounts annually
appropriated for such administration. The plan, to be known as the
County Administrative Cost Control Plan, shall establish standards
and performance criteria, including workload, productivity and
support services standards, to which counties shall adhere. The plan
shall be part of a single state plan, jointly developed by the
department and the State Department of Health Services, in
conjunction with the counties, for administrative cost control for
the Aid to Families with Dependent Children (AFDC), Food Stamp, and
Medical Assistance (Medi-Cal) programs. Allocations shall be made to
each county and shall be limited by and determined based upon the
County Administrative Cost Control Plan. In administering the plan to
control county administrative costs, the department shall not
allocate state funds to cover county cost overruns which result from
county failure to meet requirements of the plan. The department and
the State Department of Health Services shall budget, administer, and
allocate state funds for county administration in a uniform and a
consistent manner.

15204.6. (a) Contingent upon a Budget Act appropriation, a Pay for
Performance Program shall provide additional funding for counties
that meet the standards developed according to subdivision (c) in
their welfare-to-work programs under Article 3.2 (commencing with
Section 11320) of Chapter 2. The state shall have no obligation to
pay incentives earned that exceed the funds appropriated for the year
in which the incentives were earned.
(b) To the extent that funds are appropriated, the maximum total
funds available to each county each year under the Pay for
Performance Program shall be 5 percent of the funds the county
receives that year, less the amount for child care, from the single
allocation under Section 15204.2. If funds appropriated for this
section are less than the incentives earned under this subdivision,
each county's allocation under this section shall be prorated based
on the amount of funds appropriated for that year.
(c) The funds available to each county under the Pay for
Performance Program shall be divided each year into as many equal
parts as there are measures established for the year under this
subdivision. A county shall earn payment of one equal part for each
improvement standard that it achieves for the year or by ranking in
the top 20 percent of all counties in a measure identified in
paragraphs (1), (2), (3), (4), and (5), except as provided in
subparagraph (B) of paragraph (4). Counties may receive a pro rata
share of incentive funds for each improvement standard. The
department shall consult with the County Welfare Directors
Association, legislative staff, and other stakeholders, when
developing improvement standards and the methodology for earning and
distributing incentives for each of the following measures:
(1) The employment rate of county CalWORKs cases.
(2) The federal participation rates of county CalWORKs cases,
calculated in accordance with Section 607 of Title 42 of the United
States Code, but excluding individuals who are exempt in accordance
with Section 11320.3 and including sanctioned cases and cases
participating in activities described in subdivision (q) of Section
11322.6. If valid data does not exist to measure this outcome, the
funds for this measure shall be made available for the Pay for
Performance Program in the following fiscal year.
(3) The percentage of county CalWORKs cases that have earned
income three months after ceasing to receive assistance under Section
11450.
(4) (A) The percentage of county CalWORKs cases, including cases
that have ceased receiving assistance in the previous two quarters,
with earned income that equals or exceeds the income level for the
maximum EITC amount available to a household, as determined under
Section 22 of the Internal Revenue Code.
(B) This paragraph shall only become operative if the department,
in consultation with the County Welfare Directors Association,
legislative staff, and other stakeholders, determines that
implementing its provisions will not create a substantial risk of
California failing to meet federal welfare-to-work participation
goals, and shall remain operative for so long as the department does
not reverse that determination.
(5) Any additional measures that the department may establish in
consultation with the County Welfare Directors Association,
legislative staff, and other stakeholders.
(d) Performance measures, standards, outcomes, and payments to
counties under subdivisions (a), (b), and (c) shall be based on the
following schedule:
(1) For the performance measure described in paragraph (2) of
subdivision (c), payments in fiscal year 2007-08 shall be based on
outcomes for the period of July 1, 2006, through December 31, 2006,
compared to outcomes for the period of January 1, 2007, through June
30, 2007, and payments in each subsequent fiscal year shall be based
on outcomes for the fiscal year prior to payment, compared to
outcomes for the fiscal year two years prior to payment.
(2) For all other performance measures, payments shall be based on
outcomes for the fiscal year prior to payment, compared to outcomes
for the fiscal year two years prior to payment.
(e) The department may make further adjustments to any of the
performance measures listed under subdivision (c), in consultation
with the County Welfare Directors Association, legislative staff, and
other stakeholders. The act that both amends subdivision (c) and
enacts this sentence in the 2007-08 Regular Session of the
Legislature shall not limit the department's authority under this
subdivision.
(f) The funds paid in accordance with this section may only be
used in accordance with subdivisions (f) and (g) of Section 10544.1
and only for the purpose of enhancing family self-sufficiency. Funds
earned by a county in accordance with this section shall be available
for expenditure in the fiscal year that they are received and the
following two fiscal years. Following the period of availability, and
notwithstanding any provisions of subdivision (f) of Section 10544.1
to the contrary, any unspent balance shall revert to the Temporary
Assistance for Needy Families (TANF) block grant.
(g) Any funds appropriated by the Legislature for the Pay for
Performance Program, but not earned by a county, shall revert to the
TANF block grant at the end of the fiscal year for which the funds
were appropriated.
(h) The department shall periodically publish the outcomes
measured by the Pay for Performance Program, identified by county.
(i) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement this section
through all-county letters throughout the duration of the Pay for
Performance Program.

15204.8. (a) The Legislature may appropriate annually in the Budget
Act funds to support services provided pursuant to Sections 11325.7
and 11325.8.
(b) Funds appropriated pursuant to subdivision (a) shall be
allocated to the counties separately and shall be available for
expenditure by the counties for services provided during the budget
year. A county may move funds between the two accounts during the
budget year for expenditure if necessary to meet the particular
circumstances in the county. Any unexpended funds may be retained by
each county for expenditure for the same purposes during the
succeeding fiscal year. By November 20, 1998, each county shall
report to the department on the use of these funds.
(c) Beginning January 10, 1999, the Department of Finance shall
report annually to the Legislature on the extent to which funds
available under subdivision (a) have not been spent and may
reallocate the unexpended balances so as to better meet the need for
services.
(d) No later than September 1, 2001, the department in
consultation with relevant stakeholders, which may include the County
Welfare Directors Association, the California Association of Mental
Health Directors, and the County Alcohol and Drug Program
Administrators Association, shall develop the allocation methodology
for these funds, including the specific components to be considered
in allocating the funds.

15204.9. The state shall pay 70 percent of the nonfederal
administrative costs of administering the Aid to Families with
Dependent Children Foster Care program under Article 5 (commencing
with Section 11400) of Chapter 2.

15205. Notwithstanding the other provisions of this article, there
shall be deducted from the moneys appropriated to each county under
this article a sum equal to the state and county shares of the public
assistance grant that would otherwise be payable each month for each
person transferred by the department to the Department of
Rehabilitation for vocational rehabilitation pursuant to an agreement
under Section 10652. In the case of a member or members of a family
unit receiving aid to families with dependent children, the sum to be
deducted and transferred shall be equal to the state and county
shares of the public assistance grant on behalf of the family. Such
sum shall be transferred in the Budget Act to the Department of
Rehabilitation and used to provide vocational rehabilitation services
for such persons as provided in Section 10652.

15206. The department is hereby authorized to establish those
administrative support positions necessary to carry out the
provisions of Chapter 924 of the Statutes of 1975. These positions
shall be 75 percent federally funded and 25 percent state funded.

15207. The county shall estimate the social security increases for
the month of October and such estimated increase shall be taken into
consideration in determining eligibility for and the amount of the
October 1, 1972, grant for recipients of aid under Chapter 5
(commencing with Section 13000) of Part 3 of Division 9 of the
Welfare and Institutions Code.