20250AB__015296CHP INTRODUCED 2025-01-08 AMENDED_SENATE 2026-06-26 PASSED_ASSEMBLY 2026-06-29 PASSED_SENATE 2026-06-29 ENROLLED 2026-06-29 CHAPTERED 2026-06-29 APPROVED 2026-06-29 FILED 2026-06-29 2025 AB CHP CHP 0 Introduced by Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson) LEAD_AUTHOR ASSEMBLY Committee on Budget Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson

An act to amend

Section of, and to add

Section 13074.1 to, the Government Code, to amend

Section 1796.47 of, to amend, repeal, and add Sections 1796.37, 1796.49, and 1796.55 of, and to add

Chapter 3.66 (commencing with

Section 1597.80) to Division of, the Health and Safety Code, to amend Sections 224.72, 2200, 9002, 10072, 10072.3, 11450.025, 12301.61, 12306.19, 13300, 13301, 13302, 13304, 13305, 15204.35, 16121, 16121.5, 18930, 18997, and 18997.4 of, to add Sections 10553.16, 16121.3, 16121.4, 16121.41, and 18928.6 to, to add

Chapter 16.5 (commencing with

Section 18998) to Part of Division of, and to add and repeal

Section 18906.55 of, the Welfare and Institutions Code, and to amend

Section of

Chapter of the Statutes of 2023, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. human services, and making an appropriation therefor, to take effect immediately, bill related to the budget Human services.

(1) Existing law establishes the Department of Finance with the general powers of supervision over all matters concerning the financial and business policies of the state. Existing law requires the department to calculate changes in cost of living or annual adjustment factors in connection with various state programs and policies, including programs and policies relating to human services. This bill would, if the department is required by law to make a calculation related to cost of living or annual adjustment factors and necessary data is unavailable, authorize the department to use a reasonable estimate of that data to perform the calculation, as specified.

(2) Existing law requires the State Department of Social Services to license and regulate various community care facilities and programs, including, among others, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, childcare centers, and home care services. This bill would authorize users of information technology systems and services under the jurisdiction of the department, as specified, to use electronic signatures and to electronically pay any fee or civil penalties assessed by the department, as specified.

The bill would require a user who elects to make an electronic payment to be responsible for any associated payment processing costs, as specified. The bill would authorize the department to adopt, amend, or repeal any rules and regulations that may be necessary or proper to carry out these provisions.

(3) Existing law, the Home Care Services Consumer Protection Act (act), provides for the licensure and regulation of home care organizations by the State Department of Social Services and the registration of home care aides. Under the act, administration of the program is fully supported by fees and not civil penalties. The act authorizes the provision of initial costs to implement the act’s provisions through a General Fund loan that is to be repaid in accordance with a

schedule provided by the Department of Finance. Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering the act, or specified penalties, the act generally prohibits the use of General Fund moneys for any purpose under the act. Existing law makes an additional exception by authorizing use of General Fund moneys as appropriated by the Budget Act of and the Budget Act of 2024. This bill would authorize, beginning July 1, 2026, the appropriation of General Fund moneys to help support the program, along with fee revenues.

The bill would delete the above-described provision concerning the repayment of the General Fund loan for initial costs. Existing law authorizes the department to issue a license to a home care organization, and requires the license to be renewed every years. Existing law requires a home care organization to pay an initial license fee and a 2-year license renewal fee, each of which is determined by the department. A violation of the act is a misdemeanor. This bill would, commencing January 1, 2029, make various changes to transition license renewal for home care organizations from every years to annually.

The bill would also generally establish the initial license fee as $5,603. The bill would, until January 1, 2029, generally establish the 2-year license renewal fee as $5,603 and would, beginning January 1, 2029, establish the annual license fee as $2,802. The bill would also, beginning January 1, 2029, establish a late fee, a payment processing fee, and a fee for monitoring a licensee on probation. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law requires the department to adopt regulations, on or before January 1, 2026, to require biennial inspections to ensure that licensed home care organizations possess specified policies. This bill would instead require the department to adopt those regulations on or before January 1, 2028.

(4) Existing law requires the State Department of Social Services, subject to an appropriation in the annual Budget Act, to administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. Existing law requires the department to review and evaluate the pilot programs and projects funded to determine the economic impact of the programs and projects and their impact on the outcomes of individuals who receive guaranteed income payments, as specified.

Existing law requires the department to submit a report to the Legislature regarding this review and evaluation and requires the department to post a copy of the report on its internet website. Existing law makes these provisions inoperative on January 1, 2028, and repeals these provisions on January 1, 2029. This bill would require the department to submit the above-described report and post a copy of the report on its internet website by no later than June 1, 2028. The bill would extend the inoperative date of these provisions to January 1, 2029, and would repeal these provisions on January 1, 2030.

(5) Existing law establishes the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program to provide a trust fund account for eligible children, defined to include minor California residents who are specified dependents or wards under the jurisdiction of the juvenile court in foster care with reunification services terminated by court order, or who have a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and meet the specified family household income limit.

Existing law prohibits funds deposited and investment returns accrued in a HOPE trust account from being considered as income or assets when determining eligibility and benefit amount for any means-tested program until an eligible youth withdraws or transfers the funds from the HOPE trust account, as specified.

Existing federal law, the One Big Beautiful Bill Act, enacted July 4, 2025, provides for a tax-deferred investment account for children known as a “Trump account.” This bill would similarly prohibit funds deposited and investment returns accrued in a Trump account from being considered as income or assets when determining eligibility and benefit amount for any means-tested program until an account beneficiary withdraws or transfers the funds from the account, as specified.

The bill would make these provisions operative on July 1, 2026, or on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System or the California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement these provisions, whichever date is later. To the extent that the bill would expand county duties, the bill would impose a state-mandated local program.

(6) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires each county to pay 30% of the nonfederal share of costs of administering the CalFresh program.

This bill would cap the amount the county is required to contribute during the 2026–27 to 2028–29 fiscal years, inclusive, to the lower of the amount the county expended in its contribution in the 2024–25 fiscal year or the amount the county was required to contribute to receive its full allocation of General Fund moneys under the Budget Act of 2024, and would require the county to receive the full General Fund allocation for administration of CalFresh once the county has reached that amount. This bill would make those provisions inoperative on July 1, 2030, and would repeal them as of January 1, 2031.

Existing law requires the department to also establish the California Food Assistance Program (CFAP) to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status, as specified. Existing law requires that CFAP benefits be equivalent to SNAP benefits. Under existing law, operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation for this purpose, an individual years of age or older is eligible for CFAP benefits, subject to an appropriation.

Existing law requires that current and future CalFresh benefits be reduced in order to recover an overissuance caused by intentional program violation, fraud, or inadvertent household error. Existing law sets forth certain procedures and criteria for a county when establishing a claim for recovery of that overissuance of CalFresh benefits.

This bill would require, commencing October 1, 2027, or once the Statewide Automated Welfare System can perform specified automation activities, that CalFresh and CFAP overissuance claims arising out of the same error or intentional program violation be recovered through minimum allotment reductions consecutively, as specified. By expanding county duties relating to the administration of benefits, this bill would impose a state-mandated local program.

Existing law requires the department to establish the County Administrative Cost Control Plan and requires the plan to establish standards and performance criteria, including workload, productivity, and support services standards. This bill would require the department to utilize certain information that is necessary to assess performance of, monitor the efficacy and impact of administrative funding of, facilitate technical assistance with county welfare departments related to, and inform the public about service delivery in, the CalFresh program.

The bill would require county welfare departments and the California Statewide Automated Welfare System Consortium to provide the information and access to necessary data identified by the department within days, as specified. By increasing county duties, this bill would impose a state-mandated local program. This bill would appropriate $344,000 from the General Fund to the State Department of Social Services for the 2026–27 fiscal year for the purpose of implementing CalFresh transparency initiatives, and would make these funds available for encumbrance or expenditure until September 30, 2029.

(7) Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law, commencing October 1, 2024, increases the maximum aid payments in effect on July 1, 2024, by 0.3%. This bill would, commencing October 1, 2026, increase the maximum aid payments in effect on July 1, 2026, by 1.8%.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. Existing law provides for the establishment of a methodology to develop the CalWORKs single allocation annual budget. Existing law also requires the State Department of Social Services to reconsider the costs of county operations for county administrative costs in the CalWORKs single allocation for the 2024–25 fiscal year and every 3rd fiscal year thereafter.

This bill would instead require the department to do the above-described reconsideration for the 2024–25 fiscal year, the 2028–29 fiscal year, and every 3rd fiscal year thereafter.

(8) Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law requires the department to review the budgeting methodology used to determine the annual funding for county administration of the IHSS program and examine the ongoing workload and administrative costs to counties as part of the review beginning with the 2025–26 fiscal year and every 3rd fiscal year thereafter.

This bill would instead require the department to do the above-described review and examination for the 2025–26 fiscal year, the 2029–30 fiscal year, and every 3rd fiscal year thereafter. Existing law requires each county to act as, or establish, an employer for in-home supportive service providers. Existing law authorizes a county board of supervisors to elect to contract with a nonprofit consortium or establish a public authority to provide for the delivery of in-home supportive services.

Existing law requires a specified mediation process, including a factfinding panel recommending settlement terms, to be held if a public authority or nonprofit consortium and the employee organization fail to reach agreement on a bargaining contract with IHSS workers. Existing law subjects a county to a withholding of Realignment funds if, among other things, the county does not reach an agreement with the employee organization within days after the release of the factfinding panel’s recommended settlement terms and the collective bargaining agreement for IHSS providers in the county has expired.

This bill, beginning July 1, 2026, would require a county that has not reached an agreement after the release of the factfinding panel’s recommended settlement terms released prior to June 30, 2026, to have days to reach an agreement with the employee organization. If no agreement is reached within days, the bill would require the above-described withholding to occur on October 1, 2026.

(9) Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging in the California Health and Human Services Agency and sets forth its mission to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or the least restrictive homelike environments.

Existing law requires the department, in consultation with area agencies on aging and stakeholders, to, no later than September 30, 2026, take various actions, including, among others, identifying older adult and family caregiver support programs and services and developing a statewide consumer engagement plan. This bill would instead require the department to take the above-described actions no later than September 30, 2027.

(10) Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits. Existing law prohibits a recipient of nutrition benefits or cash benefits from incurring any loss of benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits.

Existing law requires the State Department of Social Services to establish a protocol to use state funds to replace benefits taken under these circumstances. Existing law authorizes the department to issue an all-county letter or similar instructions to implement and amend the requirements and protocols to replace the nutrition benefits, pending the adoption of regulations by June 30, 2026.

The bill would delete the above-described authority and instead authorize the department to issue all-county letters or similar written instructions to implement, interpret, or make specific requirements and protocols to replace cash and nutrition benefits, pending the adoption of regulations by June 30, 2030.

Existing law establishes the California Fruit and Vegetable EBT Pilot Project, and requires the department, in consultation with the Department of Food and Agriculture and specified stakeholders, to include within the EBT system a supplemental benefits mechanism that allows an authorized retailer to deliver and redeem supplemental benefits to CalFresh recipients. Existing law repeals the pilot project on January 1, 2027. The bill would extend the operation of the pilot project to June 30, 2028.

(11) Existing law requires the State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, to administer a grant program that provides support and services to victims and survivors of hate incidents and hate crimes and their families and facilitates hate incident or hate crime prevention measures, as specified.

Existing law authorizes the department to use up to 5% of the funds appropriated for department administrative costs, and provides that any funds in excess of 5% may be authorized not sooner than days after notification in writing of the necessity therefor is provided to the chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the Chairperson of the Joint Legislative Budget Committee, or their designee, may in each instance determine.

Until October 1, 2025, existing law requires the department, in consultation with the commission, to submit a report for the prior fiscal year that includes certain information, including a list of grant recipients and the amounts allocated to each grantee, as specified. Existing law repeals these provisions on June 30, 2026. This bill would require the department to submit the above-described report on March 1, 2027, as specified. The bill would remove the provisions relating to administrative costs.

The bill would make the remaining provisions inoperative on June 30, 2029, and would repeal them as of January 1, 2030. Existing law requires the State Department of Social Services, subject to an appropriation, to provide grants to qualified nonprofit organizations through contracts in order to provide persons with certain immigration-related legal services. Under existing law, a component of that program aims to provide legal counsel and social work services to certain minors without a lawful immigration status.

Existing law also includes as a component of that program the provision of legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in the state. This bill would expand eligibility for legal services provided under the latter component of the program to also include immigrants younger than years of age in removal proceedings and would expand the services to which eligible individuals are entitled under that component to include social services.

Existing law requires a contract awarded pursuant to those provisions to meet specified requirements, including, among other things, to provide for legal services to unaccompanied and undocumented minors. Existing law requires that the contracts include administrative and supervisory costs and court fees. This bill would instead require those contracts to provide for legal and social services to immigrant youth. The bill would also authorize, instead of require, the contracts to include administrative and supervisory costs and court fees, as well as client services.

The bill would require those contracts to prioritize the provision of social services to eligible immigrant youth, either directly or through partnerships, as specified. Existing law, subject to the availability of funding, requires the department to provide grants to organizations to provide free education and outreach regarding the services above. Existing law requires the department to provide the Legislature with specified information regarding these grants in the course of budget hearings, including the ethnic communities served.

This bill would remove the requirement to update the Legislature on the ethnic communities served.

(12) Existing federal law, the Indian Child Welfare Act of 1978 (ICWA), governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child’s parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law also provides for the state and an Indian tribe to enter into an agreement regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings.

Existing law establishes, in order to provide additional funds to eligible Indian tribes that have entered into an agreement with the state pursuant to those provisions, the Tribally Approved Homes Compensation Program to provide funds to recruit and approve homes for the purpose of foster or adoptive placement of an Indian child and the Tribal Dependency Representation Program to provide funds to pay for legal counsel to represent the Indian tribe in a California Indian child custody proceeding.

This bill would, upon an appropriation by the Legislature, establish the Tribal Foster Care Prevention Initiative to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs associated with services aimed at preserving families and preventing the entry of children into foster care, as specified. The bill would require a federally recognized Indian tribe that seeks funding for this purpose to submit an annual letter of interest to the department by May of each year.

The bill would require the department, subject to an appropriation in the annual Budget Act for this purpose, to provide each federally recognized Indian tribe that enters into a specified agreement and submits a letter of interest an annual allocation. The bill would require a federally recognized Indian tribe that receives funds to submit a progress report regarding specified information, including the number of Indian children and their families served, to the department on or before September following the close of the fiscal year in which funding was received.

(13) Existing law establishes the Adoption Assistance Program (AAP), administered by the State Department of Social Services, to benefit children residing in foster homes by providing the stability and security of permanent homes. Existing law requires the department or the county, whichever is responsible for determining the child’s AAP eligibility, to assess the needs of the child and the circumstances of the family, with the amount of a cash benefit being determined based on those factors.

Existing law authorizes payment to be made on behalf of an otherwise eligible child in a state-approved group home, short-term residential therapeutic program, or residential care treatment facility if the department or county responsible for determining payment has confirmed that the placement is necessary for the temporary resolution of mental or emotional problems related to a condition that existed before the adoptive placement.

This bill would instead require, before January 1, 2028, the department or county responsible for determining payment to confirm that the placement is necessary for the temporary resolution of mental health, behavioral health, or emotional health needs of the child.

This bill would, commencing January 1, 2028, revise and recast the provisions governing payment of AAP benefits on behalf of a child residing in an in-state, out-of-home placement by, in part, only permitting these payments if the child is residing in a licensed short-term residential therapeutic program and limiting authorization to a 12-month cumulative period of time, subject to an extension of a one-time 6-month cumulative period of time, as specified.

The bill would, commencing January 1, 2028, authorize benefits to be paid on behalf of an otherwise eligible child for wraparound services in lieu of an out-of-home placement if, among other things, the responsible public agency has confirmed that the wraparound services are necessary, as specified. The bill would permit the authorization of payment for wraparound services for a 12-month cumulative period of time, and would permit consecutive reauthorizations, as specified.

Existing law prohibits the AAP rate paid on behalf of a child for these placements from exceeding the rate paid for a short-term residential therapeutic program.

Existing law establishes a Tiered Rate Structure, as specified, upon which the per child per month rate for every child in foster care is based, which includes components, including an amount paid to the foster care provider for care and supervision of the child, a strengths-building allocation to provide for a child’s strengths-building objectives, and an immediate needs allocation to provide for the child’s immediate needs, and establishes payment tiers, as specified.

Existing law requires the components of the Tiered Rate Structure to become operative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation for those purposes, whichever is later.

This bill would prohibit the AAP rate for an in-state, out-of-home placement funded by AAP, or for wraparound services funded by AAP, from exceeding the rate paid for a foster care placement in a short-term residential therapeutic program, or, until the components of the Tiered Rate Structure become operative and the Legislature makes an appropriation for that purpose, would instead prohibit the AAP payment rate from exceeding the sum of the components of the Tiered Rate Structure, as specified.

This bill would require the department to develop, and distribute to counties, a curriculum, no later than January 1, 2028, that includes, at a minimum, education on maintaining AAP benefits, adolescent development and trauma, the importance of maintaining Medi-Cal, the benefits of using adoption-competent clinicians, and how to secure trauma-informed services. The bill would require the department to consult with county placing agencies and community partners in the development of this curriculum.

Existing law authorizes AAP payments for placement in an out-of-state residential treatment facility, as defined, if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency, defined as the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount, has confirmed that placement is necessary.

This bill would, subject to an appropriation by the Legislature for these purposes, require the department to directly, or through contract with a service provider, ensure transition support services are made available to adoptive families, and would require the responsible public agency to refer the family to postpermanency services at the local level to support the adoptive family in navigating postpermanency services, as specified.

The bill would also require, subject to an appropriation by the Legislature for these purposes, the department to interview adoptive parents who agree to submit the information regarding the reason an out-of-state placement was necessary and the current status of their adoptive children who returned to California on or after July 1, 2025, among other things. The bill would require the department to submit a report to the Legislature, as specified. By imposing duties on counties, this bill would impose a state-mandated local program.

(14) Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities.

Existing law requires the office to have an ombudsperson and authorizes the ombudsperson to, among other things, investigate complaints from youth and access facilities serving youth involved in the juvenile justice system. Under existing law, an ombudsperson is authorized to meet or communicate privately with any youth, personnel, or volunteer in a juvenile facility and interview any relevant witnesses and to take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law.

Existing law requires the ombudsperson to have access to, review, receive, and make copies of any record of a local agency, including all juvenile facility records at all times, expect as otherwise prohibited. This bill would specify that the ombudsperson can meet or communicate privately with any youth, individually or in groups of youth.

The bill would specify the equipment that an ombudsperson is permitted to carry with them when meeting or communicating with youth pursuant to these provisions includes, but is not limited to, state-issued computers, audio or video recording devices, cameras, or technology to provide the ombudsperson internet access. The bill would also expand the definition of “record” under these provisions to include grievances or complaints. By imposing additional duties on local entities, this bill would impose a state-mandated local program.

Existing law establishes the Youth Bill of Rights, which includes the right to live in a safe, healthy, and clean environment conducive to treatment and rehabilitation, to contact attorneys, ombudspersons, and other advocates regarding conditions of confinement or violations of rights, and to receive a quality education. Existing law requires the Office of the Ombudsperson of the Office of Youth and Community Restoration to design posters and provide the posters to specified juvenile facility operators.

Existing law requires every juvenile facility to provide youth placed in the facility with an orientation that includes an explanation and copy of the rights and responsibilities and to post a listing of the rights in a conspicuous location. Existing law requires that a copy of the rights of youth be included in orientation packets provided to parents or guardians of wards. This bill would specify that the copy of the rights and responsibilities of youth to be provided to youth during orientation needs to be as designed and provided by the Ombudsperson of the Office of Youth and Community Restoration.

The bill would require that the posters designed and provided by the ombudsperson be posted in a conspicuous area, including near the telephones that youth can use to call the ombudsperson. The bill would also require that the rights be provided to parents or guardians of each youth placed in a juvenile facility and that copies of the posters and brochures be made available in lobbies and visiting areas of juvenile justice facilities, as specified. By imposing additional duties on local entities, this bill would impose a state-mandated local program.

(15) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. MAJORITY YES YES YES YES NO NO NO NO NO YES The people of the State of California do enact as follows:

SECTION 1.

Section of the Government Code is amended to read: 8260. (

a) The State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall administer a grant program that provides support and services to victims and survivors of hate incidents and hate crimes and their families and facilitates hate incident or hate crime prevention measures. The grant program shall prioritize victims, survivors, and vulnerable populations with high or increasing levels of hate incidents or hate crimes who have historically faced barriers to accessing appropriate care and services.

In developing the grant program criteria, the department shall consult with the Commission on Asian and Pacific Islander American Affairs and may consult with other state departments as necessary. (

b) The department, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall develop a process to award grants to qualified grantees to be used to provide at least one of the following:

(1) Community-based supports and services to victims and survivors of hate incidents or hate crimes, and their families, which may include health care services, mental health services, and legal services.

(2) Hate incident and hate crime prevention measures, which may include community engagement and education, community conflict resolution, in-language outreach, services to escort community members in public, community healing, collaboration, cross-racial building, and community diversity training. (c)

(1) Qualified grantees shall include nonprofit entities that meet the requirements set forth in either paragraph (3) or paragraph (5) of subdivision (

c) of

Section of the Internal Revenue Code. An entity may partner with another entity to meet the requirements of this paragraph.

(2) Qualified grantees shall have experience providing supports and services to victims and survivors of hate incidents and hate crimes and hate incident and hate crime prevention measures in a language competent and culturally competent manner or funding organizations that provide such services. A qualified grantee that is awarded funds pursuant to this

section shall comply with tracking and reporting procedures to be determined by the department. (

d) The department may enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program. (

e) Notwithstanding any other law, contracts issued pursuant to this

section shall be exempt from the personal services contracting requirements of

Article 4 (commencing with

Section 19130) of

Chapter of Part of Division 5, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (

f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division 3), the State Department of Social Services may implement and administer this provision without adopting regulations. (

g) The Legislature finds and declares that this

section is a state law that provides assistance and services for undocumented persons within the meaning of subdivision (

d) of

Section of Title of the United States Code. (

h) The department, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall submit an implementation report by March 1, 2027, to the budget committees of both houses. The report shall include a list of the grant recipients and the amounts allocated to each grantee, the supports and services and hate incident and hate crime prevention measures provided by each grantee, and the geographic location of each grantee. (

i) This

section shall become inoperative on June 30, 2029, and, as of January 1, 2030, is repealed.

SEC.

Section 13074.1 is added to the Government Code , to read: 13074.1. (

a) If the Department of Finance is required by law to make a calculation related to cost of living or annual adjustment factors and necessary data is unavailable, the department may use a reasonable estimate of that data to perform the calculation. (

b) A calculation made pursuant to subdivision (

a) shall be deemed final for purposes of the law requiring the department to make the calculation.

SEC. 3.

Chapter 3.66 (commencing with

Section 1597.80) is added to Division of the Health and Safety Code , to read: 3.66. Information Technology Systems and Services Modernization 1597.80. This

chapter shall apply to information technology systems and services under the jurisdiction of the State Department of Social Services used to carry out the purposes and intent of any of the following: (

a) Chapter 3 (commencing with

Section 1500). (

b) Chapter 3.01 (commencing with

Section 1568.01). (

c) Chapter 3.15 (commencing with

Section 1568.21). (

d) Chapter 3.2 (commencing with

Section 1569). (

e) Chapter 3.35 (commencing with

Section 1596.60). (

f) Chapter 3.4 (commencing with

Section 1596.70). (

g) Chapter 3.5 (commencing with

Section 1596.90). (

h) Chapter 3.6 (commencing with

Section 1597.30). (

i) Chapter 3.62 (commencing with

Section 1597.640). (

j) Chapter 3.65 (commencing with

Section 1597.70). (

k) Chapter 10 (commencing with

Section 1770). (

l) Chapter 13 (commencing with

Section 1796.10). (

m) Chapter 15 (commencing with

Section 1796.80). 1597.81. A user of the information technology systems and services described in

Section 1597.80 may use an electronic signature, as defined in

Section of the Civil Code, that complies with state and federal standards, as determined by the State Department of Social Services. The use of an electronic signature shall have the same force and effect as the use of a manual signature. 1597.82. A user of the information technology systems and services described in

Section 1597.80 may electronically pay any fee or civil penalty assessed by the State Department of Social Services. A user who elects to make an electronic payment pursuant to this

section shall be responsible for any associated payment processing costs, including, but not limited to, service fees, processing fees, transaction fees, convenience fees, and credit card surcharge fees. 1597.83. The State Department of Social Services may adopt, amend, or repeal any rules and regulations that may be necessary or proper to carry out the purposes and intent of this

chapter in accordance with

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code.

SEC.

Section 1796.37 of the Health and Safety Code is amended to read: 1796.37. (

a) The department may issue a home care organization license to a home care organization applicant that satisfies the requirements set forth in this chapter, including all of the following:

(1) Files a complete home care organization application, including the fees required pursuant to

Section 1796.49.

(2) Submits proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.

(3) Submits proof of a valid workers’ compensation policy covering its affiliated home care aides. The proof shall consist of the policy number, the effective and expiration dates of the policy, and the name and address of the policy carrier.

(4) Submits proof of an employee dishonesty bond, including third-party coverage, with a minimum limit of ten thousand dollars ($10,000).

(5) Provides the department, upon request, with a complete list of its affiliated home care aides, and proof that each satisfies the requirements of Sections 1796.43, 1796.44, and 1796.45.

(6) Passes a background examination, as required pursuant to

Section 1796.33.

(7) Completes a department orientation.

(8) Does not have any outstanding fees or civil penalties due to the department.

(9) Discloses prior or present service as an administrator, general partner, corporate officer, or director of, or discloses that the applicant has held or holds a beneficial ownership of percent or more in, any of the following: (

A) A community care facility, as defined in

Section 1502. (

B) A residential care facility, as defined in

Section 1568.01. (

C) A residential care facility for the elderly, as defined in

Section 1569.2. (

D) A child day care facility, as defined in

Section 1596.750. (

E) A day care center, as described in

Chapter 3.5 (commencing with

Section 1596.90). (

F) A family day care home, as described in

Chapter 3.6 (commencing with

Section 1597.30). (

G) An employer-sponsored childcare center, as described in

Chapter 3.65 (commencing with

Section 1597.70). (

H) A home care organization licensed pursuant to this chapter.

(10) Discloses any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (9).

(11) Provides evidence that every member of the board of directors, if applicable, understands their legal duties and obligations as a member of the board of directors and that the home care organization’s operation is governed by laws and regulations that are enforced by the department.

(12) Provides any other information as may be required by the department for the proper administration and enforcement of this chapter.

(13) Cooperates with the department in the completion of the home care organization license application process. Failure of the home care organization licensee to cooperate may result in the withdrawal of the home care organization license application. For purposes of this section, “failure to cooperate” means that the information described in this

chapter and in any rules and regulations promulgated pursuant to this

chapter has not been provided, or not provided in the form requested by the department, or both. (

b) A home care organization licensee shall renew the home care organization license every two years. The department may renew a home care organization license if the licensee satisfies the requirements set forth in this chapter, including the following:

(1) Submits the nonrefundable fees required pursuant to

Section 1796.49, which shall be postmarked on or before the expiration of the license. A home care organization license that is not renewed shall expire two years after the date of issuance.

(2) Does not have any outstanding fees or civil penalties due to the department.

(3) Provides any other information as may be required by the department for the proper administration and enforcement of this chapter.

(4) Cooperates with the department in the completion of the home care organization license renewal process. Failure of the home care organization licensee to cooperate may result in the expiration of the home care organization license or a denial of the home care organization license renewal. For purposes of this section, “failure to cooperate” means that the information described in this

chapter and in any rules and regulations promulgated pursuant to this

chapter has not been provided, or not provided in the form requested by the department, or both. (c)

(1) The department shall notify a licensed home care organization in writing of its renewal fee.

(2) Written notification pursuant to this subdivision shall be mailed to the licensed home care organization’s mailing address of record at least days before the effective renewal date of the license. (

d) This

section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC.

Section 1796.37 is added to the Health and Safety Code , to read: 1796.37. (

a) The department may issue a home care organization license to a home care organization applicant that satisfies the requirements set forth in this chapter, including all of the following:

(1) Files a complete home care organization application, including the fees required pursuant to

Section 1796.49.

(2) Submits proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.

(3) Submits proof of a valid workers’ compensation policy covering its affiliated home care aides. The proof shall consist of the policy number, the effective and expiration dates of the policy, and the name and address of the policy carrier.

(4) Submits proof of an employee dishonesty bond, including third-party coverage, with a minimum limit of ten thousand dollars ($10,000).

(5) Provides the department, upon request, with a complete list of its affiliated home care aides, and proof that each satisfies the requirements of Sections 1796.43, 1796.44, and 1796.45.

(6) Passes a background examination, as required pursuant to

Section 1796.33.

(7) Completes a department orientation.

(8) Does not have any outstanding fees or civil penalties due to the department.

(9) Discloses prior or present service as an administrator, general partner, corporate officer, or director of, or discloses that the applicant has held or holds a beneficial ownership of percent or more in, any of the following: (

A) A community care facility, as defined in

Section 1502. (

B) A residential care facility, as defined in

Section 1568.01. (

C) A residential care facility for the elderly, as defined in

Section 1569.2. (

D) A child day care facility, as defined in

Section 1596.750. (

E) A day care center, as described in

Chapter 3.5 (commencing with

Section 1596.90). (

F) A family day care home, as described in

Chapter 3.6 (commencing with

Section 1597.30). (

G) An employer-sponsored childcare center, as described in

Chapter 3.65 (commencing with

Section 1597.70). (

H) A home care organization licensed pursuant to this chapter.

(10) Discloses any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (9).

(11) Provides evidence that every member of the board of directors, if applicable, understands their legal duties and obligations as a member of the board of directors and that the home care organization’s operation is governed by laws and regulations that are enforced by the department.

(12) Provides any other information as may be required by the department for the proper administration and enforcement of this chapter.

(13) Cooperates with the department in the completion of the home care organization license application process. Failure of the home care organization licensee to cooperate may result in the withdrawal of the home care organization license application. For purposes of this section, “failure to cooperate” means that the information described in this

chapter and in any rules and regulations promulgated pursuant to this

chapter has not been provided, or not provided in the form requested by the department, or both. (

b) A home care organization licensee shall satisfy the requirements set forth in this

chapter and shall annually, on or before the anniversary of the issuance date of the license, satisfy all of the following requirements:

(1) Submit the fees required pursuant to

Section 1796.49, which shall be postmarked or received on or before the due date.

(2) Not have any outstanding fees or civil penalties due to the department.

(3) Provide any other information as may be required by the department for the proper administration and enforcement of this chapter.

(4) Cooperate with the department in the completion of the requirements of this subdivision. Failure of the home care organization licensee to cooperate may result in the revocation of the home care organization license. For purposes of this section, “failure to cooperate” means that the information described in this

chapter and in any rules and regulations promulgated pursuant to this

chapter has not been provided, or not provided in the form requested by the department, or both. (c)

(1) The department shall notify a licensed home care organization in writing of its annual license fee.

(2) Written notification pursuant to this subdivision shall be mailed to the licensed home care organization’s mailing address of record at least days before the due date of the annual licensing fee. (

d) The failure of an applicant for licensure or a licensee to pay all fees and civil penalties shall constitute grounds for denial or revocation of the license. (

e) This

section shall become operative on January 1, 2029.

SEC.

Section 1796.47 of the Health and Safety Code is amended to read: 1796.47. (a)

(1) Administration of this program shall be fully supported by fees and not civil penalties. The department shall assess fees for home care organization licensure, and home care aide registration related to activities authorized by this chapter. The department may adjust fees as necessary to fully support the administration of this chapter. (

A) Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering this chapter, or penalties collected pursuant to this

chapter that are appropriated by the Legislature for the purposes of this chapter, no General Fund moneys shall be used for any purpose under this chapter. (

B) Notwithstanding subparagraph (A), beginning July 1, 2026, General Fund moneys may be appropriated to help support this program, along with fee revenues.

(2) A portion of moneys collected in the administration of this chapter, as designated by the department, may be used for community outreach consistent with this chapter.

(3) Notwithstanding the requirements of paragraph (1), General Fund moneys may be used to administer this chapter, as appropriated by the Budget Act of and the Budget Act of 2024. (

b) The Home Care Fund is hereby created within the State Treasury for the purpose of this chapter. All licensure and registration fees authorized by this

chapter shall be deposited into the Home Care Fund, except the fingerprint fees collected pursuant to

Section 1796.23, which shall be deposited into the Fingerprint Fees Account. Moneys in this fund shall, upon appropriation by the Legislature, be made available to the department for purposes of administering this chapter. (

c) Any fines and penalties collected pursuant to this

chapter shall be deposited into the Home Care Technical Assistance Fund, which is hereby created as a subaccount within the Home Care Fund. Moneys in the Home Care Technical Assistance Fund shall, upon appropriation by the Legislature, be available to the department for the purposes of providing technical assistance, training, and education pursuant to this chapter. (d)

(1) The department shall submit a report to the Legislature, no later than January 10, 2025, providing an update to the following: (

A) The solvency of the Home Care Fund, including any new resources. (

B) Recommendations on a new fee structure that allows the program to be self-sustaining or request any additional resource needs.

(2) A report submitted pursuant to this subdivision shall be submitted in compliance with

Section of the Government Code. (e)

(1) Beginning January 1, 2024, the department shall submit quarterly written progress updates to the relevant legislative budget subcommittees and the Legislative Analyst’s Office, to facilitate the Legislature’s oversight of the department’s progress within the home care program. These updates shall include information regarding, at a minimum, all of the following: (

A) Staffing, including progress on hiring for the new positions requested as part of the Budget Act of 2023, and progress on efforts toward elevating the Home Care Services Bureau into a branch of the department. (

B) Licensing, investigations, enforcement, and oversight, including up-to-date workload metrics, including all of the following: (

i) Home care aides, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time. (ii) Home care organizations, including the number of applications received and the number processed, including both new applications and renewals, as well as the average processing time. (iii) Home care organization visits, including the number of visits completed. (iv) Complaints, including the number received, the number investigated, and descriptions of the most common types of complaints. (

v) Businesses providing unlicensed home care services, including a description of any enforcement actions taken against businesses providing unlicensed home care services, and the estimated number continuing to operate. (

C) Fee structure review, including progress toward assessing the home care licensing fee structure and identifying any new resources that would facilitate the sustainability of the Home Care Fund.

(2) This subdivision shall become inoperative on January 10, 2025, or when the department delivers the report described in subdivision (d), whichever is later.

SEC.

Section 1796.49 of the Health and Safety Code is amended to read: 1796.49. (a)

(1) A home care organization applicant or home care organization licensee shall pay all of the following fees: (

A) A nonrefundable 24-month initial license fee of five thousand six hundred three dollars ($5,603) for a home care organization application. (

B) A two-year nonrefundable license renewal fee of five thousand six hundred three dollars ($5,603) to maintain a home care organization license. (

C) Other reasonable fees as prescribed by the department necessary for the administration of this chapter.

(2) If the reasonable regulatory cost to the department of administering the program is less than five thousand six hundred three dollars ($5,603) per applicant or licensee, the department may, by regulation, reduce the fees established by this subdivision to the reasonable regulatory cost. (

b) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (

b) of

Section 1796.47, except the fingerprint fees collected pursuant to

Section 1796.23, which shall be deposited into the Fingerprint Fees Account. (

c) This

section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC.

Section 1796.49 is added to the Health and Safety Code , to read: 1796.49. (a)

(1) A home care organization applicant or home care organization licensee shall pay the following fees: (

A) An initial license fee of five thousand six hundred three dollars ($5,603) for a home care organization application. (B) (

i) An annual license fee of two thousand eight hundred two dollars ($2,802) to maintain a home care organization license. (ii) A home care organization license that was issued or renewed from January 1, 2028, to January 1, 2029, inclusive, shall not be required to pay an annual license fee in 2029. (

C) A late fee of one thousand four hundred one dollars ($1,401) if a licensee does not pay the annual license fee on or before the due date, or, if sent by mail, the postmark on the envelope containing the payment is after the due date. (

D) A fee to cover any costs incurred by the department for processing the applicant’s or licensee’s payments, including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges. (

E) A probation monitoring fee of two thousand eight hundred two dollars ($2,802) for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with

Section 11400) and

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code). (

F) Other reasonable fees, as prescribed by the department, that are necessary for the administration of this chapter.

(2) If the reasonable regulatory cost to department of administering the program is less than the amounts established in paragraph (1), the department may, by regulation, reduce those fees to the reasonable regulatory cost. (

b) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (

b) of

Section 1796.47, except the fingerprint fees collected pursuant to

Section 1796.23, which shall be deposited into the Fingerprint Fees Account. (

c) This

section shall become operative on January 1, 2029.

SEC.

Section 1796.55 of the Health and Safety Code is amended to read: 1796.55. (

a) A home care organization that operates in violation of any requirement or obligation imposed by this

chapter or any rule or regulation promulgated pursuant to this

chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter. (

b) When the department determines that a home care organization is in violation of this

chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, revoke, or deny renewal of the license. The director or their designee shall also inform the licensee of rights to a hearing pursuant to this chapter. (

c) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected. (

d) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings. (

e) This

section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC.

Section 1796.55 is added to the Health and Safety Code , to read: 1796.55. (

a) A home care organization that operates in violation of any requirement or obligation imposed by this

chapter or any rule or regulation promulgated pursuant to this

chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter. (

b) When the department determines that a home care organization is in violation of this

chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, or revoke the license. The director or their designee shall also inform the licensee of rights to a hearing pursuant to this chapter. (c)

(1) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected.

(2) Consistent with paragraph (1), the department may determine the daily fine for each type of violation and, if it does so, shall adopt regulations that specify the fine for each type of violation. (d)

(1) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings.

(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific this

section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (

e) This

section shall become operative on January 1, 2029.

SEC.

Section 224.72 of the Welfare and Institutions Code is amended to read: 224.72. (

a) Every juvenile facility shall provide each youth who is placed in the facility with an age and developmentally appropriate orientation that includes an explanation and a copy of the rights and responsibilities of the youth, as specified in

Section 224.71, as designed and provided by the Ombudsperson of the Office of Youth and Community Restoration pursuant to subdivision (

e) of

Section 2200, and that addresses the youth’s questions and concerns. (

b) Each juvenile facility shall post posters designed and provided by the Ombudsperson of the Office of Youth and Community Restoration pursuant to subdivision (

e) of

Section that list the rights provided by

Section 224.71 in a conspicuous location, including classrooms, living units, and near the telephones that youth can use to call the ombudsperson. (

c) A copy of the rights of the youth shall be provided to parents or guardians of each youth placed in a juvenile facility. The posters and brochures designed and provided by the Ombudsperson of the Office of Youth and Community Restoration pursuant to subdivision (

e) of

Section 2200, with copies in English, Spanish, and other languages, shall also be made available in the lobbies and visiting areas of juvenile justice facilities and, upon request, to parents or guardians.

SEC. 12.

Section of the Welfare and Institutions Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 2200. (

a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration. (

b) The office’s mission is to promote trauma responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities. (

c) The office shall have the responsibility and authority to do all of the following:

(1) Once data becomes available as a result of the plan developed to

Section of the Penal Code, develop a report on youth outcomes in the juvenile justice system.

(2) Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.

(3) Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.

(4) Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex offender, substance abuse, and mental health treatment.

(5) Report annually on the work of the Office of Youth and Community Restoration. (6) (

A) Develop an annual report on chronic absenteeism rates in juvenile court schools at juvenile facilities. The office may work with the State Department of Education and county offices of education to include data for all juvenile court schools. (

B) Subject to available funding, investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of percent or more, including, but not limited to, an investigation of whether the juvenile facility has provided sufficient staff to support transportation and access to educational services and whether policies or practices have been implemented that withhold educational services from youth as a means of individual or group punishment. The office shall include a

summary of the findings of any investigation it conducts in the annual report. (

C) Subject to available funding, if, after an investigation, the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, provide technical assistance to ameliorate the identified causes of the chronic absenteeism. (

d) The office shall have an ombudsperson, who has the authority to do all of the following:

(1) Investigate complaints from youth.

(2) Decide, in its discretion, whether to investigate complaints from youth who are detained in the, or committed to, juvenile facilities, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, or refer complaints to another body for investigation.

(3) Publish and provide regular reports to the Legislature about complaints received and subsequent findings and actions taken, pursuant to

Section 2200.5.

(4) Have access to, review, and receive and make copies of any record of a local agency, and contractors with local agencies, including, but not limited to, all juvenile facility records, at all times, except personnel records legally required to be kept confidential. Access to records shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.

(5) Meet or communicate privately with any youth, individually or in groups of youth. Meet or communicate privately with any personnel, or volunteer in a juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, and interview any relevant witnesses. The ombudsperson may interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements.

The ombudsperson shall be granted access to youth at all times, and may take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The ombudsperson shall be permitted to carry with them and use the equipment necessary to document the meeting or communication with youth as described in this section, to the extent not otherwise prohibited by applicable federal or state law.

This equipment includes, but is not limited to, state-issued computers, audio or video recording devices, cameras, or technology providing the ombudsperson internet access. Access shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.

(6) Disseminate information and provide training and technical assistance to youth who are involved in the juvenile justice system, including by providing training to currently incarcerated youth as individuals or in a group, in a private setting.

Disseminate information and provide training and technical assistance to social workers, probation officers, tribal child welfare agencies, child welfare organizations, children’s and youth advocacy groups, consumer and service provider organizations, and other interested parties on the rights of youth involved in the juvenile justice system and the services provided by the ombudsperson. The rights shall include rights set forth in federal and state law and regulations for youth detained in or committed to juvenile justice facilities.

The information shall include methods of contacting the ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.

(7) Access, visit, and observe juvenile facilities and premises within the control of a county, or local agency, or a contractor with a county, or local agency, serving youth involved in the juvenile justice system. The ombudsperson shall be granted access to the facilities at any time with or without prior notice.

(8) For purposes of this section, “record” means documents, papers, memoranda, logs, reports, letters, calendars, schedules, notes, files, drawings, grievances or complaints, and electronic content, including, but not limited to, videos, photographs, blogs, video blogs, instant and text messages, email, or other items developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.

(9) Ombudsperson staff shall conduct a site visit to every juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, no less frequently than once per year. (

e) The Division of the Ombudsperson of the Office of Youth and Community Restoration shall design posters and provide the posters to each juvenile facility operator subject to

Section 224.72. These posters shall include the toll-free telephone number of the Ombudsperson of the Office of Youth and Community Restoration. (

f) Consistent with

Chapter 17.5 (commencing with

Section 7290) of Division of Title of the Government Code, on or before July 1, 2023, the Office of Youth and Community Restoration shall ensure the listing of rights and posters described in this

section are translated into Spanish and other languages as determined necessary and distribute to each juvenile facility operator. (g)

(1) The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the Legislature.

(2) To meet the need to monitor and evaluate local responses for youth realigned to counties from the Division of Juvenile Justice, the Office of Youth and Community Restoration shall collect the data described in this paragraph not less frequently than two times per year. Commencing no later than April 1, 2025, for the reporting period from July 1, 2024, through December 31, 2024, and no later than October 1, 2025, for the reporting period from January 1, 2025, through June 30, 2025, and on this

schedule every six months thereafter through October 1, 2029, county probation departments shall provide the office with the data described in this paragraph in a format designated by the office. The office shall publish a report of state and county findings not less frequently than annually. The submissions by county probation departments to the office shall include all of the following, disaggregated by gender, age, and race or ethnicity: (

A) Number of youth and their most serious commitment offense, if known, who are under the county’s supervision who are committed to a secure youth treatment facility, including youth committed to secure youth treatment facilities in another county. (

B) Number of individual youth in the county who were adjudicated for an offense pursuant to subdivision (

b) of

Section of this code or

Section 290.008 of the Penal Code. (

C) Number of youth, including their commitment offense or offenses, if known, transferred from a secure youth treatment facility to a less restrictive program under the terms and provisions of subdivision (

f) of

Section 875, disaggregated by program description, as defined by the office. (

D) Number of youth for whom a hearing to transfer jurisdiction to an adult criminal court was held, and the number of youth whose jurisdiction was transferred to adult criminal court.

(3) The reporting and data collection provisions of paragraph (2) shall become inoperative on January 1, 2030.

(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), for the purposes of paragraph (2), the office may, if it deems it appropriate, implement, interpret, or make specific paragraph (2) by means of written guidelines or similar instructions from the office. (

h) Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025. The allocation of funds dedicated to the Local Revenue Fund and its accounts, subaccounts, and special accounts shall be consistent with

Chapter 6.3 (commencing with

Section 30025) of Division of Title of the Government Code. (

i) The Office of Youth and Community Restoration shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers requiring direct contact with young people in juvenile facilities or access to criminal offender record information, as defined by

Section of the Penal Code, pursuant to subdivision (

u) of

Section of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (

p) of

Section of the Penal Code. (

j) Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, the Office of Youth and Community Restoration may establish grantmaking programs with the funding designated in the Budget Act of and with other funding available for that purpose by means of information notices or other similar instructions, without taking further regulatory action. (

k) The Office of Youth and Community Restoration may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing those activities funded by the Budget Act of and other funding available for these purposes. Contracts entered into or amended pursuant to this

section are exempt from

Chapter 6 (commencing with

Section 14825) of

Part 5.5 of Division of Title of the Government Code,

Section of the Government Code,

Part 2 (commencing with

Section 10100) of Division of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and are exempt from the review or approval of any division of the Department of General Services. (

l) This

section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 13.

Section of the Welfare and Institutions Code , as amended by

Section of

Chapter of the Statutes of 2024, is amended to read: 2200. (

a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration. (

b) The office’s mission is to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities. (

c) The office shall have the responsibility and authority to do all of the following:

(1) Once data becomes available as a result of the plan developed to

Section of the Penal Code, develop a report on youth outcomes in the juvenile justice system.

(2) Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.

(3) Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.

(4) Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex offender, substance abuse, and mental health treatment.

(5) Report annually on the work of the Office of Youth and Community Restoration. (6) (

A) Develop an annual report on chronic absenteeism rates in juvenile court schools at juvenile facilities. The office may work with the State Department of Education and county offices of education to include data for all juvenile court schools. (

B) Subject to available funding, investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of percent or more, including, but not limited to, an investigation of whether the juvenile facility has provided sufficient staff to support transportation and access to educational services and whether policies or practices have been implemented that withhold educational services from youth as a means of individual or group punishment. The office shall include a

summary of the findings of any investigation it conducts in the annual report. (

C) Subject to available funding, if, after an investigation, the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, provide technical assistance to ameliorate the identified causes of the chronic absenteeism. (

d) The office shall have an ombudsperson, who has the authority to do all of the following:

(1) Investigate complaints from youth.

(2) Decide, in its discretion, whether to investigate complaints from youth who are detained in the, or committed to, juvenile facilities, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, or refer complaints to another body for investigation.

(3) Publish and provide regular reports to the Legislature about complaints received and subsequent findings and actions taken, pursuant to

Section 2200.5.

(4) Have access to, and make copies of any record of a local agency, and contractors with local agencies, including, but not limited to, all juvenile facility records, at all times, except personnel records legally required to be kept confidential. Access to records shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.

(5) Meet or communicate privately with any youth, individually or in groups of youth. Meet or communicate privately with any personnel, or volunteer in a juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, and interview any relevant witnesses. The ombudsperson may interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements.

The ombudsperson shall be granted access to youth at all times, and may take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The ombudsperson shall be permitted to carry with them and use the equipment necessary to document the meeting or communication with youth as described in this section, to the extent not otherwise prohibited by applicable federal or state law.

This equipment includes, but is not limited to, state-issued computers, audio, or video recording devices, cameras, or technology providing the ombudsperson internet access. Access shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.

(6) Disseminate information and provide training and technical assistance to youth who are involved in the juvenile justice system, including by providing training to currently incarcerated youth as individuals or in a group, in a private setting.

Disseminate information and provide training and technical assistance to social workers, probation officers, tribal child welfare agencies, child welfare organizations, children’s and youth advocacy groups, consumer and service provider organizations, and other interested parties on the rights of youth involved in the juvenile justice system and the services provided by the ombudsperson. The rights shall include rights set forth in federal and state law and regulations for youth detained in or committed to juvenile justice facilities.

The information shall include methods of contacting the ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.

(7) Access, visit, and observe juvenile facilities and premises within the control of a county, or local agency, or a contractor with a county, or local agency, serving youth involved in the juvenile justice system. The ombudsperson shall be granted access to the facilities at any time with or without prior notice.

(8) For purposes of this section, “record” means documents, papers, memoranda, logs, reports, letters, calendars, schedules, notes, files, drawings, grievances or complaints, and electronic content, including, but not limited to, videos, photographs, blogs, video blogs, instant and text messages, email, or other items developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.

(9) Ombudsperson staff shall conduct a site visit to every juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, no less frequently than once per year. (

e) The Division of the Ombudsperson of the Office of Youth and Community Restoration shall design posters and provide the posters to each juvenile facility operator subject to

Section 224.72. These posters shall include the toll-free telephone number of the Ombudsperson of the Office of Youth and Community Restoration. (

f) Consistent with

Chapter 17.5 (commencing with

Section 7290) of Division of Title of the Government Code, on or before July 1, 2023, the Office of Youth and Community Restoration shall ensure the listing of rights and posters described in this

section are translated into Spanish and other languages as determined necessary and distribute to each juvenile facility operator. (g)

(1) The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the Legislature.

(2) To meet the need to monitor and evaluate local responses for youth realigned to counties from the Division of Juvenile Justice, the Office of Youth and Community Restoration shall collect the data described in this paragraph not less frequently than two times per year. Commencing no later than April 1, 2025, for the reporting period from July 1, 2024, through December 31, 2024, and no later than October 1, 2025, for the reporting period from January 1, 2025, through June 30, 2025, and on this

schedule every six months thereafter through October 1, 2029, county probation departments shall provide the office with the data described in this paragraph in a format designated by the office. The office shall publish a report of state and county findings not less frequently than annually. The submissions by county probation departments to the office shall include all of the following, disaggregated by gender, age, and race or ethnicity: (

A) Number of youth and their most serious commitment offense, if known, who are under the county’s supervision who are committed to a secure youth treatment facility, including youth committed to secure youth treatment facilities in another county. (

B) Number of individual youth in the county who were adjudicated for an offense pursuant to subdivision (

b) of

Section of this code or

Section 290.008 of the Penal Code. (

C) Number of youth, including their commitment offense or offenses, if known, transferred from a secure youth treatment facility to a less restrictive program under the terms and provisions of subdivision (

f) of

Section 875, disaggregated by program description, as defined by the office. (

D) Number of youth for whom a hearing to transfer jurisdiction to an adult criminal court was held, and the number of youth whose jurisdiction was transferred to adult criminal court.

(3) The reporting and data collection provisions of paragraph (2) shall become inoperative on January 1, 2030.

(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), for the purposes of paragraph (2), the office may, if it deems it appropriate, implement, interpret, or make specific paragraph (2) by means of written guidelines or similar instructions from the office. (

h) Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025. The allocation of funds dedicated to the Local Revenue Fund and its accounts, subaccounts, and special accounts shall be consistent with

Chapter 6.3 (commencing with

Section 30025) of Division of Title of the Government Code. (

i) The Office of Youth and Community Restoration shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers requiring direct contact with young people in juvenile facilities or access to criminal offender record information, as defined by

Section of the Penal Code, pursuant to subdivision (

u) of

Section of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (

p) of

Section of the Penal Code. (

j) This

section shall become operative on January 1, 2028.

SEC. 14.

Section of the Welfare and Institutions Code is amended to read: 9002. The Legislature finds and declares all of the following: (

a) Programs shall be initiated, promoted, and developed through all of the following:

(1) Volunteers and volunteer groups.

(2) Partnership with local governmental agencies.

(3) Coordinated efforts of state agencies.

(4) Coordination and cooperation with federal programs.

(5) Partnership with private health and social service agencies, community benefit organizations, and health plans.

(6) Participation by older adults in the planning and operation of all programs and services that may affect them. (

b) It shall be the policy of this state to give attention to the unique concerns of older adults with the greatest social and economic needs. (

c) In recognition of the many governmental programs serving older adults, and as specified in paragraph (2) of subdivision (

c) of

Section 9102, the California Department of Aging should coordinate, as existing resources permit, with other state departments in doing all of the following:

(1) Promote clear and simplified access to information assistance and services arrangements.

(2) Ensure that older adults retain the right of free choice in planning and managing their lives.

(3) Ensure that health and social services are available to do all of the following: (

A) Allow older adults to live independently at home or with others. (

B) Provide for advocacy for expansion of existing programs that prevent or minimize illness or social isolation, and allow individuals to maximize their dignity and choice of living. (

C) Provide for protection of older adults from physical and mental abuse, neglect, and fraudulent practices.

(4) Foster both preventive and primary health care, including mental and physical health care, to keep older adults active and contributing members of society.

(5) Encourage public and private development of suitable housing.

(6) Develop and seek support for plans to ensure access to information, counseling, and screening.

(7) Encourage public and private development of suitable housing and recreational opportunities to meet the needs of older adults.

(8) Encourage development of efficient community services including access to low-cost transportation services, that provide a choice in supported living arrangements and social assistance in a coordinated manner and that are readily available when needed.

(9) Encourage and develop meaningful employment opportunities for older adults.

(10) Encourage the development of barrier-free construction and the removal of architectural barriers, so that more facilities are accessible to older adults.

(11) Promote development of programs to educate persons who work with older adults.

(12) Encourage and support intergenerational programming and participation by community organizations and institutions to promote better understanding among the generations. (

d) The California Department of Aging shall ensure that, to the extent possible, the services provided for in accordance with this division shall be coordinated and integrated with services provided to older adults by other entities of the state. That integration may include, but not be limited to, the reconfiguration of state departments into a coordinated unit that can provide for multiple services to the same consumers. Services provided under this division shall be managed, directly or through contract, by local area agencies on aging or other local systems. (

e) On or before September 30, 2027, and in consultation with area agencies on aging and stakeholders, the department shall do all of the following:

(1) Identify the core programs and services to be provided to older adults and family caregivers, as directed by the Older Americans Act by all area agencies on aging or their contracted service providers.

(2) Submit to the Legislature and the federal Administration for Community Living an update to the intrastate funding formula, based on any revised area agency on aging designations and any modifications to planning service area map boundaries, and other factors and weights that may be adopted or required under state and federal statute and regulations.

(3) Develop objectives, key results, and a performance measurement methodology for core programs and services identified in paragraph (1) for adoption by the area agencies on aging.

(4) Develop a statewide consumer engagement plan. The statewide consumer engagement plan shall seek to raise public awareness of older adult and family caregiver programs and services, identify access points for information and assistance, provide consistent messaging to all audiences, and improve outreach to underrepresented communities and underserved populations, including rural Californians, Asian-Pacific Islander, Black, Latino, Native American and LGBTQ+ older adults, people with disabilities, and family caregivers. (f)

(1) In consultation with area agencies on aging and stakeholders, the department shall develop and submit regulations to the Office of Administrative Law that address, at a minimum, all of the following: (

A) The application process to determine an area agency on aging designation. (

B) The criteria used for an area agency on aging designation. (

C) The criteria used to remove an area agency on aging designation. (

D) Substantive updates to the intrastate funding formula.

(2) At the conclusion of the rulemaking process identified in paragraph (1), the department may consider letters of intent from counties interested in being considered for designation as the area agency on aging that serves its local jurisdiction.

(3) The department shall submit a plan including the updated area agency on aging designations and any corresponding changes to the statewide planning and service area map to the Legislature at least days before final adoption. (g)

(1) A change made pursuant to this

section shall be made in accordance with applicable federal statutes and regulations.

(2) The department shall take reasonable steps to ensure minimal disruption in the provision of older adult and family caregiver services in affected counties.

SEC. 15.

Section of the Welfare and Institutions Code is amended to read: 10072. The electronic benefits transfer system required by this

chapter shall be designed to do, but not be limited to, all of the following: (

a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system. (

b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states. (

c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems, including, but not limited to, automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under

Chapter 2 (commencing with

Section 11200) of Part shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p). (

d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system. (

e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember their number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number.

At the option of the recipient, they may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits. (

f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last transactions and to request that the transaction history detail for at least the past two months be sent by mail. (

g) The system shall have an internet website that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last transactions and to request that the transaction history detail for at least the past two months be sent by mail. (

h) In addition to the ability to receive transaction history detail pursuant to subdivisions (

f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within business days after a request has been received by the agency. (i)

(1) A recipient shall not incur any loss of electronic benefits after reporting that their electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced. (2) (

A) Except as provided in subparagraph (B), a recipient shall not incur any loss of cash benefits that are taken by an unauthorized contact, withdrawal, removal, or use of benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this subparagraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3). (

B) If a recipient knowingly provides their electronic benefits transfer card number and personal identification number to an unauthorized third party that the recipient mistakenly believes to be the contracted electronic benefits transfer vendor, an approved retailer, or a governmental entity, any benefits taken as described in subparagraph (

A) shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3), but not more than one time in a 36-month period.

(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification. (4) (

A) Notwithstanding paragraphs (2) and (3), the State Department of Social Services may issue mass reimbursements to recipients for the loss of cash benefits if the department finds that the benefits of multiple recipients were taken by an unauthorized withdrawal, removal, or use of benefits in which the recipients’ electronic benefits transfer card numbers or personal identification numbers were obtained by means of a data breach. (

B) A mass reimbursement made pursuant to subparagraph (

A) requires the approval of the Department of Finance with notice given to the Joint Legislative Budget Committee. (5) (

A) Notwithstanding any other law or guidance, and except as provided in this paragraph, a recipient shall not incur any loss of nutrition benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. (

B) The State Department of Social Services shall establish a protocol to use state funds to replace nutrition benefits taken as described in subparagraph (

A) in accordance with the following limitations: (

i) A maximum of two months’ worth of benefits shall be replaced at one time. (ii) A household shall not receive more than two replacements per federal fiscal year. (iii) A household shall have days from the date of theft to request replacement of the electronically stolen benefits. (

C) If, at any time, a federally funded replacement is available for any nutrition benefit listed in subparagraph (D), this paragraph shall be inoperative with regard to that specific benefit. (

D) For the purposes of this section, “nutrition benefits” means CalFresh, Disaster CalFresh, and benefits previously replaced due to household misfortune under

Chapter 10 (commencing with

Section 18900) of, and California Food Assistance Program (CFAP) nutrition benefits under

Chapter 10.1 (commencing with

Section 18930) of,

Part 6. (

E) A county shall replace eligible, electronically stolen benefits as soon as administratively feasible, but no more than business days following the receipt of the replacement request. A county shall prioritize the replacement of electronically stolen nutrition benefits in accordance with Sections and 18900.

(6) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific the requirements and protocols described in paragraphs (2), (3), and (5) by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations, which shall occur no later than June 30, 2030. (

j) Electronic benefits transfer system consumers shall be informed on how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge. (

k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language. (

l) Procedures shall be developed for error resolution. (

m) A fee shall not be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system. (

n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month. (

o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under

Chapter 2 (commencing with

Section 11200) of Part have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges. (

p) A county shall exempt an individual from the three-day staggering requirement under subdivision (

c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments. (

q) A county shall use information provided by the department to inform recipients of benefits under

Chapter 2 (commencing with

Section 11200) of Part of all of the following:

(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to

Section 11006.2.

(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.

(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.

(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system.

(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change their preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.

(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (

d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.

(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (

c) on a case-by-case basis for hardship pursuant to subdivision (

p) and instructions regarding how to determine whether the recipient qualifies for the exemption. (

r) A county is in compliance with subdivision (

q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.

SEC.

Section 10072.3 of the Welfare and Institutions Code is amended to read: 10072.3. (

a) This

section shall be known, and may be cited, as the California Fruit and Vegetable EBT Pilot Project. (

b) For purposes of this section, the following

definitions apply: (1) “Authorized pilot retailer” means any retail establishment that is authorized to accept CalFresh benefits, including, but not limited to, grocery stores, corner stores, farmers’ markets, farm stands, and mobile markets. (2) “Fresh fruits and vegetables” means any variety of whole or cut fruits and vegetables without added sugars, fats, oils, or salt and that have not been processed with heat, drying, canning, or freezing. (3) “Supplemental benefits” means additional funds delivered to a CalFresh recipient’s EBT card upon purchase of fresh fruits and vegetables using CalFresh benefits, and to be redeemed only for purchases allowed under the CalFresh program at an authorized retailer. (

c) The department, in consultation with the Department of Food and Agriculture, county CalFresh administrators, and stakeholders with experience operating CalFresh nutrition incentive programs, shall include within the EBT system a supplemental benefits mechanism that allows an authorized pilot retailer to deliver and redeem supplemental benefits. The supplemental benefits mechanism shall be compatible with operational procedures at farmers’ markets with centralized point-of-sale terminals and at grocery stores with integrated point-of-sale terminals. The supplemental benefits mechanism shall ensure all of the following:

(1) Supplemental benefits can be transferable across any CalFresh program authorized retailer.

(2) Supplemental benefits can be accrued, tracked, and redeemed by CalFresh recipients in a seamless, integrated process through the EBT system.

(3) Supplemental benefits can only be accrued by CalFresh recipients through the purchase of fresh fruits and vegetables from an authorized pilot retailer.

(4) Supplemental benefits can only be redeemed to make eligible purchases under the CalFresh program from an authorized retailer.

(5) The supplemental benefits mechanism complies with all applicable state and federal laws governing procedures to ensure privacy and confidentiality.

(6) Authorized pilot retailers that use EBT-only point-of-sale terminals, such as farmers’ markets, and those that use integrated point-of-sale terminals, such as grocery stores, shall be able to integrate the new supplemental benefits mechanism into their existing systems, including the free state-issued hardware provided to certified farmers’ markets and farmers.

(7) The supplemental benefits mechanism provides a CalFresh benefits to supplemental benefits match ratio of at least 1:1.

(8) A CalFresh household may only accrue up to a limited amount of supplemental benefits, as determined by the department.

(9) There shall be no expiration date for use of supplemental benefits, but the benefits may be expunged in accordance with federal Supplemental Nutrition Assistance Program (SNAP) regulations. (

d) There is hereby created in the State Treasury the California Fruit and Vegetable EBT Grant Fund. The fund shall consist of moneys from state, federal, and other public and private sources to provide grants pursuant to subdivision (e). (

e) Upon the deposit of sufficient moneys into the California Fruit and Vegetable EBT Grant Fund, as determined by the department, and upon the appropriation of moneys from the fund by the Legislature for this purpose, the department shall provide grants for pilot projects to implement and test the supplemental benefits mechanism in existing retail settings.

The goal of the pilot project is to develop and refine a scalable model for increasing the purchase and consumption of fresh fruits and vegetables by delivering supplemental benefits to CalFresh recipients in a way that can be easily adopted by authorized retailers of various types, sizes, and locations in the future. The department, in consultation with the Department of Food and Agriculture, shall develop and adopt guidelines for awarding the grants, which shall include, at a minimum, all of the following requirements: (1) (

A) A minimum of three grants shall be awarded to nonprofit organizations or government agencies. (

B) At least one of the grants shall provide the ability to test the supplemental benefit mechanism at farmers’ markets. A farmers’ market that operates a centralized point-of-sale terminal and a scrip system and that also participates as a pilot project pursuant to this

section may disburse scrips for supplemental benefits and for fresh fruits and vegetables concurrently.

(2) Selection criteria shall require that grant applicants demonstrate all of the following: (

A) Previous experience and effectiveness in administering CalFresh nutrition incentive programs, or similar supplemental benefits programs. (

B) Partnership commitment from at least one existing authorized retailer that already accepts CalFresh benefits and sells fresh fruits and vegetables. (

C) Ability to ensure that supplemental benefits are only accrued and delivered when purchasing fresh fruits and vegetables with CalFresh benefits and will be used only to make purchases authorized under the CalFresh program. (

D) Status as a nonprofit organization or government agency. (

E) Ability to provide the minimum data deemed necessary for the department to successfully evaluate the pilot project, as described in paragraph (1) of subdivision (f). (

F) Any other criteria that the department deems necessary for successful pilot project implementation, such as the level of need in the community, the size of the CalFresh population, and the need for geographic diversity.

(3) Grantees shall be responsible for all of the following: (

A) Securing the commitment of at least one authorized retailer willing to participate in the pilot project. (

B) Conducting community outreach. (

C) Providing evaluation data to the department. (

D) Ensuring the integrity of the pilot project following guidelines adopted by the department pursuant to this subdivision. (f)

(1) The department shall evaluate the pilot projects that operated pursuant to this

section between February 1, 2023, and January 31, 2025, and make recommendations to further refine and expand the supplemental benefits mechanism. These recommendations shall also include a strategy for CalFresh client education, developed in consultation with county CalFresh administrators and advocates. The evaluation shall examine the efficacy of supplemental benefits accrual, delivery, and redemption from the perspective of CalFresh recipients, participating retailers, and state administrators.

The evaluation shall also provide recommendations for further modifications that would make the mechanism easier for CalFresh recipients to use, for a variety of authorized retailer types to adopt, and for the department to administer. The department may contract with an independent evaluator to conduct this evaluation. (2) (

A) The department shall provide information on the timing and steps that would be necessary to transition the pilot project to a supplemental benefits program that is fully state managed, without grantee intermediaries. (

B) The information to be submitted under this paragraph shall include both of the following: (

i) The results of the evaluation required pursuant to paragraph (1). (ii) Scoping the staff or other resources and timelines for all of the following: (

I) Engaging with and enrolling interested retailers directly on an ongoing basis, if the state makes additional funding available for further expansion. (II) The staffing and technical resources needed by the Office of Technology and Solutions Integration to certify new retailers’ EBT systems when they are onboarded into the program. (III) Resources needed to align the EBT system and the California Statewide Automated Welfare System (CalSAWS) to fully automate financial reconciliation of fruit and vegetable supplemental benefits as the program expands. (IV) Expansion to include online CalFresh transactions and grocery delivery services. (3) (

A) By July 1, 2025, the department shall submit a report to the Legislature on the topics described by paragraphs (1) and (2). (

B) The report submitted pursuant to subparagraph (

A) shall be submitted in compliance with

Section of the Government Code. (

g) Notwithstanding any other law, all of the following apply for the purposes of this section:

(1) Contracts or grants awarded pursuant to this

section shall be exempt from the personal services contracting requirements of

Article 4 (commencing with

Section 19130) of

Chapter of Part of Division of Title of the Government Code.

(2) Contracts or grants awarded pursuant to this

section are exempt from the Public Contract Code and the State Contracting Manual, and are not subject to the approval of the Department of General Services or the Department of Technology.

(3) The state is immune from any liability resulting from the implementation of this section.

(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement, interpret, or make specific this

section without taking any regulatory action. (

h) Notwithstanding Sections and 11004, the supplemental benefits described in this

section are not subject to recovery for an overissuance caused by intentional program violation, fraud, inadvertent household error, or administrative error, and are not subject to review under

Section 10950. (

i) The supplemental benefits described in this

section are not entitlement benefits, and the department shall provide those benefits pursuant to this

section only to the extent that funding is appropriated in the annual Budget Act for purposes of this section. (

j) The department shall seek any necessary federal approvals to establish this pilot project. (

k) This

section shall become inoperative on June 30, 2028, and, as of January 1, 2029, is repealed.

SEC.

Section 10553.16 is added to the Welfare and Institutions Code , to read: 10553.16. (

a) The Legislature finds and declares all of the following:

(1) American Indian and Alaska Native children continue to be overrepresented in the California foster care system.

(2) The historic policies of the state and federal governments have specifically targeted American Indian and Alaska Native children for removal from their families and tribal communities, the legacy of which continues to ripple through generations of American Indian and Alaska Native families in California.

(3) The historic policies of the state and federal governments specifically have not honored treaty obligations to tribal nations in California that would have provided for the health and welfare of tribal children and families.

(4) Tribal nations within California are experts in determining the best interest of their members and citizens and preserving tribal families, but lack funding to support culturally responsive family preservation services. (

b) It is the intent of the Legislature in enacting this act to support federally recognized tribes in California in developing and implementing prevention services and to ensure equitable funding for California’s tribal families. (

c) Subject to an appropriation by the Legislature, the Tribal Foster Care Prevention Initiative is hereby established to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs, including staffing and administrative, associated with services aimed at preserving families and preventing the entry of children into foster care. (

d) Services under this

section shall be focused on prevention services determined by the federally recognized tribe and may include any of the following:

(1) Concrete supports to a family to address immediate needs, such as childcare,