SECTIONS 18986.20-18986.24 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 18986.20-18986.24

18986.20. (a) Any county that wishes to participate under this
chapter and that develops a three-year program of coordinated
children's services pursuant to Section 18986.15, may, as a part of
its plan, request a waiver of existing state regulations pertaining
to requirements which hinder coordination of children's services. The
county may also request authorization to enter into a negotiated
contract which enables the repositioning and reallocation of existing
resources to facilitate integrated case management and coordination
among participating agencies.
(b) Requests for waivers or negotiated contracts shall be
submitted in writing, with a detailed description of the county's
plan for coordinated children's services and a detailed description
of the need for the waiver or negotiated contract to the Secretary of
the Health and Welfare Agency, the Superintendent of Public
Instruction, the Attorney General, the Secretary of the Youth and
Adult Correctional Agency, and the Secretary of Child Development and
Education. Requests for negotiated contracts shall also be submitted
to the Department of Finance.

18986.21. (a) A waiver or waivers may be granted pursuant to this
chapter when existing regulations hinder the coordination of children'
s services and when waivers would facilitate the implementation of
this chapter.
(b) Any request for a waiver under this chapter shall contain, at
a minimum, all of the following:
(1) The regulation or regulations for which the county requests a
waiver.
(2) A statement regarding why the identified regulation or
regulations should be waived.
(3) A statement regarding why the identified regulation or
regulations inhibit the efficient administration of the program.
(4) A comparison of the following:
(A) The services and the number of persons to be served under the
requested waiver.
(B) The services and the number of persons to be served without
the requested waiver.
(5) Projected costs or savings due to the requested waiver.
(6) Any impact on state and federal funding.
(c) When approving a county request for a waiver pursuant to this
chapter, the entity granting the waiver shall ensure all of the
following:
(1) Services and eligible persons served under the affected
program are maintained.
(2) There is no increase in costs to the state or to clients.
(3) There is no loss of federal financial participation.

18986.22. (a) A negotiated contract may be awarded pursuant to this
chapter when existing regulations and categorical programs hinder
the coordination of children's services and prohibit integrated case
management.
(b) A negotiated contract means an agreement entered into between
the state and the county pursuant to Section 18986.23 which
authorizes the reallocation of existing resources from participating
agencies for purposes specified in each contract.
(c) Each negotiated contract shall specify all of the following:
(1) The target population to be served.
(2) The core services to be offered.
(3) The net amount of resources to be reallocated and pooled.
(4) Intake and eligibility criteria.
(5) Provisions for sharing data between agencies while maintaining
client confidentiality.
(6) Evaluation measures, including specific outcomes and
performance criteria to be achieved as a condition of the negotiated
contract and appropriate sanctions if evaluation measures are not
met.
(7) The duration of the contract period, including provisions for
contract renewal.
(8) any other provisions which are deemed necessary to ensure
program and fiscal accountability.

18986.23. Waivers and negotiated contracts shall be granted
pursuant to this chapter by the Secretary of the Health and Welfare
Agency, the Superintendent of Public Instruction, the Attorney
General, or the Secretary of the Youth and Adult Correctional Agency,
in consultation with the Secretary of Child Development and
Education and the Department of Finance as follows:
(a) The Secretary of the Health and Welfare Agency shall grant
waivers or negotiated contracts for programs under his or her
jurisdiction, in consultation with the Superintendent of Public
Instruction, the Attorney General, the Secretary of the Youth and
Correctional Agency, and the Secretary of Child Development and
Education.
(b) The Superintendent of Public Instruction shall grant waivers
or negotiated contracts for programs under his or her jurisdiction,
in consultation with the Attorney General, the Secretary of the
Health and Welfare Agency, the Secretary of the Youth and Adult
Correctional Agency, and the Secretary of Child Development and
Education.
(c) The Attorney General shall grant waivers or negotiate
contracts for programs under his or her jurisdiction in consultation
with the Superintendent of Public Instruction, the Secretary of the
Health and Welfare Agency, the Secretary of the Youth and Adult
Correctional Agency, and the Secretary of Child Development and
Education.
(d) The Secretary of the Youth and Adult Correctional Agency shall
grant waivers or negotiate contracts for programs under his or her
jurisdiction in consultation with the Attorney General, the
Superintendent of Public Instruction, the Secretary of the Health and
Welfare Agency, and the Secretary of Child Development and
Education.
(e) The entity to whom a request for a waiver or negotiated
contract is submitted pursuant to this section shall issue written
notice of the granting of the waiver, any delay in the consideration
of the waiver request, or denial of the requested waiver within 60
days of the receipt of the request. Any county may appeal a negative
decision regarding a requested waiver or negotiated contract.
(f) In addition to approval required by subdivisions (a) to (d),
inclusive, all requests for negotiated contracts shall be approved by
the Department of Finance.

18986.24. The Secretary of Child Development and Education, the
Secretary of the Health and Welfare Agency, the Superintendent of
Public Instruction, the Attorney General, or the Secretary of the
Youth and Adult Correctional Agency shall notify the appropriate
policy committees and fiscal committees of the Legislature no later
than 30 days before any waiver or negotiated contract granted
pursuant to this article take effect.