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Welfare & Health and Human Services

By Riley Guerin | Jan. 21, 2016

New Laws

Jan. 21, 2016

Welfare & Health and Human Services

AB 90 (Chau) Designates the Department of Housing and Community Development (HCD) as the agency responsible for administering the federal Housing Trust Fund (HTF).

An act to amend Section 50408 of, and to add Chapter 6.8 (commencing with Section 50676) to Part 2 of Division 31 of, the Health and Safety Code, relating to housing.

AB 226 (Atkins) Defines and creates a framework for a ?fishermen?s market? as a type of nonpermanent food facility that meets specific requirements.

An act to amend Sections 113779, 113789, 113839, 113984, and 114266 of, to add Sections 113729.5, 113780, and 113794.3 to, and to add Chapter 12.7 (commencing with Section 114378) to Part 7 of Division 104 of, the Health and Safety Code, relating to food safety.

AB 234 (Gordon) Revises provisions of law governing community food producers or gleaners by allowing them to sell whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to a permitted food facility, not just a restaurant, and limits the ability of a local environmental health officer to require community food producers or gleaners to register with the local enforcement entity only if the food producers or gleaners do not meet certain conditions.

An act to amend Sections 113789 and 114376 of the Health and Safety Code, relating to food.

AB 294 (Lackey) Requires any department within the California Health and Human Services Agency (CHHSA) to post on the first page of its Web site information about any federally approved state plan or waiver of federal laws or regulations.

An act to add Part 0.5 (commencing with Section 135) to Division 1 of the Health and Safety Code, and to add Division 3.5 (commencing with Section 3500) to the Welfare and Institutions Code, relating to health and human services.

AB 403 (Mark Stone) This bill, effective January 1, 2017, establishes a sunset for existing licensure, rate setting and other provisions for group homes and Foster Family Agencies (FFAs), and establishes interim provisions. It provides for licensure of Short Term Residential Treatment Centers (STRTCs) and FFAs and requires the California Department of Social Services (CDSS) to develop a new payment structure for STRTCs and FFAs, as specified. This bill establishes the framework for the codification of a number of recommendations included in the CDSS report, California?s Child Welfare Continuum of Care Reform (CCR).

An act to amend Sections 7911, 7911.1, and 7912 of the Family Code, to amend Section 6276.38 of the Government Code, to amend Sections 1502, 1506, 1507.25, 1520.1, 1520.5, 1522.2, 1522.4, 1522.41, 1522.43, 1524, 1524.6, 1525.5, 1530.7, 1530.8, 1531.1, 1531.15, 1534, 1536, 1538.3, 1538.5, 1538.6, 1538.7, 1548, 1562, 1562.35, 1563, and 1567.4 of, to amend, repeal, and add Sections 1502.4 and 1529.2 of, to add Sections 1506.1, 1517, and 1562.01 to, and to add and repeal Section 1502.45 of, the Health and Safety Code, to amend Sections 11105.08, 11105.2, 11105.3, and 11170 of the Penal Code, and to amend Sections 319.3, 706.6, 727, 727.1, 4094.2, 5600.3, 10553.12, 11400, 11403.2, 11460, 11461.2, 11465, 11466.21, 11466.22, 11466.25, 11466.3, 11466.31, 11466.32, 11466.33, 11466.34, 11466.35, 11466.36, 11466.5, 11466.6, 11468, 16000, 16501, 16501.1, 16514, 16519.5, 18251, and 18987.72 of, to amend and repeal Section 16003 of, to amend, repeal, and add Sections 361.2, 4096, 4096.5, 11402, 11462, 11462.01, 11462.02, 11462.04, 11463, 11466.2, and 18254 of, to add Sections 827.11, 832, 11253.2, 11462.022, 11462.041, 11466, 16003.5, 16519.52, 16519.53, 16519.54, 16519.55, and 16519.6 to, and to add and repeal Sections 4096.1, 4096.55, 11402.01, 11462.001, 11462.015, 11462.021, 11463.01, and 11463.1 of, the Welfare and Institutions Code, relating to public social services.

AB 424 (Beth Gaines) This bill authorizes the appointment of a court appointed special advocate (CASA) in a juvenile delinquency proceeding, and provides that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court.

An act to amend Sections 101, 102, 103, and 109 of the Welfare and Institutions Code, relating to juveniles.

AB 433 (Chu) This bill requires that CalWORKs benefits be continued for a child who dies until the end of the month following the death, and prohibits sanctions from being applied in that time period for a grieving parent?s failure to comply with program requirements. This bill also requires a county to assist a grieving parent in accessing appropriate services and to provide information to the grieving parent about mental health services, as specified.

An act to add Sections 11321 and 11450.05 to the Welfare and Institutions Code, relating to public social services.

AB 461 (Mullin) Authorizes a beneficiary receiving services through a regional center who resides in the County of San Mateo to voluntarily enroll in the Cal MediConnect demonstration project under the Coordinated Care Initiative (CCI), as specified.

An act to amend Section 14132.275 of the Welfare and Institutions Code, relating to Medi-Cal.

AB 564 (Eggman) Raises the income threshold for required participation in the Parental Fee Program for families with children receiving 24-hour out-of-home care through a regional center and codifies regulatory requirements related to the fee.

An act to amend Section 4677, to amend, repeal, and add Section 4784 of, and to repeal Section 4782 of, the Welfare and Institutions Code, relating to developmental services.

AB 662 (Bonilla) Requires a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability, as specified.

An act to add Section 19952.5 to the Health and Safety Code, relating to public accommodation.

AB 848 (Mark Stone) Authorizes alcoholism and drug treatment facilities to allow a licensed physician, or other health care practitioner, to provide incidental medical services to a resident of the facility and requires the Department of Health Care Services (DHCS) to conduct an evaluation of the program on or before July 1, 2018.

An act to amend Sections 11834.03 and 11834.36 of, and to add Sections 11834.025 and 11834.026 to, the Health and Safety Code, relating to alcohol and drug treatment programs.

AB 918 (Mark Stone) Requires the Secretary of California Health and Human Services to establish a system of mandatory, consistent, timely, and publicly accessible data collection related to data on seclusion and restraint in community facilities serving aged and developmentally disabled persons, as specified. Requires the Department of Developmental Services (DDS) to publish on its Web page the number of incidents of physical and chemical restraint in community facilities, as specified. Requires community facilities to report every death or serious injury of a person in seclusion or in physical or chemical restraint no later than the close of business day following the death or serious injury.

An act to add Sections 4436.5 and 4659.2 to the Welfare and Institutions Code, relating to seclusion and restraint.

AB 1194 (Eggman) Requires, when an individual is determining if a person is a danger as a result of a mental health disorder (for the purposes of deciding whether the person meets criteria for a ?5150? involuntary hold), the individual to consider available relevant information about the historical course of the person?s mental disorder, if the individual concludes that the information has a reasonable bearing on the determination. It also specifies danger is not limited to danger of imminent harm.

An act to amend Section 5150 of the Welfare and Institutions Code, relating to mental health.

AB 1403 (Maienschein) Allows one or more private, non-profit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a joint powers agency (JPA), or enter into a joint powers agreement, with one or more public agencies.

An act to amend Sections 65582 and 65583 of, and to add and repeal Section 6538 of, the Government Code, relating to housing.

AB 1424 (Mullin) This bill allows a consumer of mental health (MH) services who has obtained full- or part-time employment with specified government or contracting agencies, as specified, to be appointed to a MH board if certain conditions are met.

An act to amend Section 5604 of the Welfare and Institutions Code, relating to mental health.

AB 1436 (Burke) Allows In-Home Supportive Services applicants and recipients to designate an authorized representative.

An act to add Section 12300.3 to the Welfare and Institutions Code, relating to public social services.

AB 1521 (Committee on Judiciary) Provides additional information and legal resources to small business owners who may not realize how to minimize their liability for Americans with Disabilities Act (ADA) violations or respond to a lawsuit filed against them. Also limits the practice of high-volume lawsuits motivated by quick settlement with business owners, rather than correction of ADA violations.

An act to amend Sections 55.3, 55.32, and 55.54 of the Civil Code, to amend Section 425.50 of, and to add Section 425.55 to, the Code of Civil Procedure, and to add Sections 68085.35 and 70616.5 to the Government Code, relating to disability access, and declaring the urgency thereof, to take effect immediately.

SB 79 (Committee on Budget and Fiscal Review) This is the Human Services Omnibus trailer bill, containing statutory changes necessary to enact human services-related provisions of the Budget Act of 2015. Specifically, this bill makes various changes to law to correspond to actions in the 2015 Budget related to Human Services appropriations and programs.

An act to amend Section 1040 of the Evidence Code, to amend Section17706 of the Family Code, to amend Sections 1522 and 1596.871 of, and to amend, repeal, and add Sections 1534, 1569.33, 1597.09, and 1597.55a of, the Health and Safety Code, to amend Section 18726 of the Revenue and Taxation Code, to amend Section 1095 of the Unemployment Insurance Code, and to amend Sections 9305, 11265.3, 11265.47, 11330.5, 11461.3, 11477, 13302, 14124.93, 17600.10, 17600.15, 17601.25, 17604, 17605, 17605.051, 17605.07, 17606.10, 17608.05, 17608.10, 17609.05, 18910, and 18358.30 of, to amend the heading of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of, to amend and repeal Sections 17603.05 and 17604.05 of, to amend, repeal, and add Sections 17600 and 17606.20 of, to add Sections 11253.4, 13303, 13304, 13305, 13306, 15753, and 18910.1 to, to repeal Sections 17605.05, 17605.08, 17606.05, 17606.15, and 17608.15 of, and to repeal and add Section 17605.10 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget.

SB 82 (Committee on Budget and Fiscal Review) This is the Developmental Services Trailer Bill for 2015-16. It contains necessary changes related to the Budget Act of 2015. This bill makes various statutory changes to implement the 2015-16 Budget.

An act to add Section 14670.36 to the Government Code, to amend Sections 1267.75 and 1531.15 of the Health and Safety Code, to amend Sections 4418.25, 4474.1, 4519.5, 4629, 4646.5, 4648, 4681.6, 4684.81, 4685.8, 4691.6, 4691.9, and 7505 of, to add Section 4474.11 to, and to repeal and add Section 7502.5 of, the Welfare and Institutions Code, relating to developmental services, and making an appropriation therefor, to take effect immediately, bill related to the budget.

SB 196 (Hancock) This bill authorizes, as of July 1, 2016, a county adult protective services agency to file a petition for issuance of a protective order on behalf of an elder or dependent adult.

An act to amend, repeal, and add Sections 15610.07 and 15657.03 of the Welfare and Institutions Code, relating to elder abuse.

SB 238 (Mitchell) This bill requires certification and training programs for foster parents, child welfare social workers, group home administrators, public health nurses, dependency court judges and court appointed council to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to amend and adopt rules of court and develop appropriate forms pertaining to the authorization of psychotropic medication for foster youth, on or before July 1, 2016.

An act to amend Sections 1522.41 and 1529.2 of the Health and Safety Code, and to amend Sections 304.7, 317, 369.5, 739.5, 16003, 16206, and 16501.3 of, and to add Section 16501.4 to, the Welfare and Institutions Code, relating to foster care.

SB 319 (Beall) This bill expands the duties of the foster care public health nurse to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified.

An act to amend Section 56.103 of the Civil Code, and to amend Sections 5328.04 and 16501.3 of the Welfare and Institutions Code, relating to child welfare services.

SB 326 (Beall) This bill extends the sunset date of the $4 penalty assessment for Vehicle Code violations other than parking offenses, until January 1, 2018, with the resulting revenue deposited in the Emergency Medical Air Transportation Act Fund (Fund). Money in that Fund is primarily used to fund Medi-Cal reimbursement for emergency medical air transportation services. Requires the Department of Health Care Services to develop a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the termination of penalty assessments under this bill on January 1, 2018.

An act to amend Section 76000.10 of the Government Code, and to add Section 10752 to the Welfare and Institutions Code, relating to emergency services.

SB 396 (Hill) This bill requires a Medicare-certified clinic and an accredited outpatient setting, as specified, to request a report from the appropriate healthcare regulatory board regarding the filing of a peer review report; requires licensees who perform procedures in outpatient settings to be subject to peer review every two years and that the governing body review the findings of those reports; and, specifies that inspections of accredited outpatient surgical centers may be unannounced with a 60-day warning of the pending inspection.

An act to amend Section 805.5 of the Business and Professions Code, to amend Section 12529.7 of the Government Code, and to amend Sections 1248.15 and 1248.35 of the Health and Safety Code, relating to health care.

SB 485 (Hernandez) This bill authorizes the Los Angeles County Sanitation Districts to divert, manage, treat, and discharge stormwater and dry weather runoff, as well as make beneficial use of the water.

An act to add Section 4730.68 to the Health and Safety Code, relating to public sanitation.

SB 478 (Huff) This bill authorizes a 5-year pilot program for Internet-based reporting of child abuse and neglect in up to 10 counties, as specified.

An act to add and repeal Section 11166.02 of the Penal Code, and to add and repeal Section 10612.5 of the Welfare and Institutions Code, relating to child abuse.

SB 494 (Hill) This bill creates the California Earthquake Safety Fund to be used for seismic safety and earthquake-related programs, including the earthquake early warning system and requires the identification of funding of the earthquake early warning system to occur by July 1, 2016.

An act to amend Section 8587.8 of, and to add Section 8587.9 to, the Government Code, relating to emergency services.

SB 643 (McGuire) This bill establishes a regulatory framework for the cultivation, sale, and transport of medical cannabis by the Bureau of Medical Marijuana Regulation (Bureau), the Department of Food and Agriculture (DFA), and other state entities.

An act to amend Sections 144, 2220.05, 2241.5, and 2242.1 of, to add Sections 19302.1, 19319, 19320, 19322, 19323, 19324, and 19325 to, to add Article 25 (commencing with Section 2525) to Chapter 5 of Division 2 of, and to add Article 6 (commencing with Section 19331), Article 7.5 (commencing with Section 19335), Article 8 (commencing with Section 19337), and Article 11 (commencing with Section 19348) to Chapter 3.5 of Division 8 of, the Business and Professions Code, relating to medical marijuana.

SB 792 (Mendoza) This bill prohibits, commencing September 1, 2016, a person from being employed or volunteering at a day care center or a day care home if he or she has not been immunized against influenza, pertussis, and measles.

An act to amend Sections 1597.055 and 1597.54 of, and to add Sections 1596.7995 and 1597.622 to, the Health and Safety Code, relating to day care facilities.

SB 794 (Committee on Human Services) This bill brings the state into compliance with the federal Preventing Sex Trafficking, and Strengthening Families Act (Public Law 113-183), as required to maintain federal child welfare funding. Specifically, it conforms state with federal law in the areas of sex trafficking prevention and data collection, the state?s reasonable and prudent parent standards, re-investment of savings into post-adoption and guardianship services, elimination of the option of long-term group placement (APPLA) for children under age 16; and other specific policies intended to ensure foster children achieve successful outcomes as adults.

An act to amend Section 7950 of the Family Code, to add Section 1522.44 to the Health and Safety Code, to amend Sections 11165.1 and 11166 of the Penal Code, and to amend Sections 309, 362.04, 362.05, 362.1, 366, 366.21, 366.22, 366.25, 366.26, 366.3, 366.31, 706.5, 706.6, 727.2, 727.3, 10618.6, 11386, 16002, 16003, 16118, 16131, 16131.5, 16501, and 16501.1 of, and to add Sections 16501.35, 16501.45, and 16519.51 to, the Welfare and Institutions Code, relating to child welfare.

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