California Assembly Bill AB1642 Latest Draft

 BILL NUMBER: AB 1642AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 18, 2010 INTRODUCED BY Assembly Member Beall JANUARY 11, 2010  An act relating to foster care.   An act to amend Sections 11020, 11320.2, 11450, 11450.12, 11450.13, and 11451.5 of, and to repeal and add Sections 11004.1, 11265.1, 11265.2, 11265.3, and 18910 of, the Welfare and Instit   utions Code, relating to public social services.  LEGISLATIVE COUNSEL'S DIGEST AB 1642, as amended, Beall.  Foster care: federal Fostering Connections to Success and Increasing Adoptions Act.   CalWORKs and Food Stamp programs: reporting.   (1) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits. Existing law additionally requires the county to implement a recipient monthly reporting system, consistent with federal law until the Director of Social Services makes a specified declaration, at which time the county would be required to redetermine recipient eligibility and grant amounts on a quarterly basis, using prospective budgeting, and to prospectively determine the grant amount that a recipient is entitled to receive for each month of the quarterly reporting period. Under existing law, a CalWORKs recipient is required to report to the county, orally or in writing, specified changes that could affect the amount of aid to which the recipient is entitled. Under existing law, the CalWORKs quarterly reporting system is also implemented by the State Department of Social Services in administering the federal Supplemental Nutrition Assistance Program (SNAP).   This bill would repeal the requirements relating to quarterly reporting and prospective determination grant amounts, and would, instead, impose similar requirements for a semiannual reporting period, operative July 1, 2011, to be implemented no later than January 1, 2012, except as prescribed. The bill would also require the department to establish an income reporting threshold for CalWORKs recipients, as specified. The bill would make various related conforming changes, including revising provisions relating to the collection of CalWORKs grant overpayments and self-sufficiency review requirements. The bill would authorize counties to adopt staggered semiannual reporting requirements, as specified. The bill would authorize the department to implement the semiannual reporting provisions through all-county letters until the adoption of implementing regulations, as prescribed.   (2) 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.   (3) To the extent that the bill would expand eligibility for CalWORKs and food stamp benefits, the bill would create a state-mandated local program.   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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   Existing law provides for the out-of-home placement of children who are unable to remain in the custody and care of their parent or parents, and provides for a range of child welfare, foster care, and adoption assistance services for which these children may be eligible.   Existing federal law, the Fostering Connections to Success and Increasing Adoptions Act of 2008 revises and expands federal programs and funding for certain foster and adopted children.   This bill would declare the intent of the Legislature to enact legislation that would take advantage of options available under the federal Fostering Connections to Success and Increasing Adoptions Act.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares all of the following:   (a) In tough times, the Food Stamp program not only provides nutrition benefits to families but also provides a needed economic stimulus. Similarly, the CalWORKs program provides temporary assistance to struggling families to help them get back into the workforce and achieve self-sufficiency.   (b) According to the United States Department of Agriculture (USDA), every $5 in food stamp benefits generates $9.20 in economic activity. A 2009 study by Beacon Economics found a similar multiplier effect associated with CalWORKs assistance.   (c) Because food stamp benefits are paid for 100 percent by the federal government under the federal Supplemental Nutrition Assistance Program (SNAP), increasing food stamp participation greatly increases the flow of federal funds into the state.   (d) According to the USDA, over three million Californians were receiving food stamp benefits in December of 2009, bringing in a total of $4.3 billion to feed hungry families and almost $8 billion to stimulate the business of growers and retailers.   (e) The Legislative Analyst's Office has also found that increasing food stamp participation can also generate General Fund revenues, as recipients spend freed-up resources on taxable items such as clothes and shoes.   (f) Streamlining food stamp and CalWORKs administration on a basis consistent with Medi-Cal could help increase participation and generate these economic benefits.   (g) Forty-nine other states have moved to simplified reporting for food stamps. This action has reduced paperwork burdens for participants and administrators, has reduced errors in the program, and improved access. The benefits of simplified reporting will also extend to CalWORKs recipients.   SEC. 2.   Section 11004.1 of the   Welfare and Institutions Code   is repealed.   11004.1. (a) In addition to Section 11004, this section shall apply to the CalWORKs program. (b) The amount of any CalWORKs grant overpayment shall be the difference between the grant amount the assistance unit actually received and the grant amount the assistance unit would have received under the quarterly reporting, prospective budgeting system if no county error had occurred or if the recipient had timely, completely, and accurately reported as required under Sections 11265.1 and 11265.3. No overpayment shall be established based on any differences between the amount of income the county reasonably anticipated the recipient would receive during the quarterly reporting period and the income the recipient actually received during that period, provided the recipient's report was complete and accurate. (c) No CalWORKs grant underpayment shall be established based on any differences between the amount of income the county reasonably anticipated the recipient would receive during the quarterly reporting period and the income the recipient actually received during that period.   SEC. 3.   Section 11004.1 is added to the   Welfare and Institutions Code   , to read:   11004.1. (a) In addition to Section 11004, this section shall apply to the CalWORKs program. (b) The amount of any CalWORKs grant overpayment shall be the difference between the grant amount the assistance unit actually received and the grant amount the assistance unit would have received under the semiannual reporting, prospective budgeting system if no county error had occurred and if the recipient had timely, completely, and accurately reported as required under Sections 11265.1 and 11265.3. No overpayment shall be established based on any differences between the amount of income the county prospectively determined for the recipient for the semiannual reporting period and the income the recipient actually received during that period, provided the recipient's report was complete and accurate. (c) No CalWORKs grant underpayment shall be established based on any differences between the amount of income the county prospectively determined for the recipient for the semiannual reporting period and the income the recipient actually received during that period.   SEC. 4.   Section 11020 of the   Welfare and Institutions Code  , as amended by Section 26 of Chapter 1022 of the Statutes   of 2002, is amended to read:  11020. (a) Where a recipient under a categorical aid program other than CalWORKs has received aid in good faith but in fact owned excess property, he or she shall be considered to have been ineligible for aid during the period for which any excess property would have supported him or her at the rate of the aid granted to him or her.  In such case   Under these circumstances,  the recipient or his  or her  estate shall repay the aid he  or she  received during this period of ineligibility. (b) With respect to recipients under Chapter 3 (commencing with Section 12000)  of this part, overpayments shall be collected by the federal government pursuant to federal law. (c) Where a CalWORKs recipient has received aid in good faith, but in fact owned excess property, the recipient shall have an overpayment equal to the lesser of the amount of the excess property or the aid received during the period the recipient owned the excess property and the grant was not accurately determined under the  quarterly   semiannual  reporting, prospective budgeting system due to the excess property.  SEC. 5.   Section 11265.1 of the   Welfare and Institutions Code   , as amended by Section 1 of Chapter 826 of the   Statutes of 1999, is repealed.   11265.1. (a) Except as provided in Section 11265.5, in addition to the requirement for the annual redetermination of eligibility, the department shall establish regulations consistent with federal law to implement a recipient monthly reporting system for use in determining monthly eligibility and the amount of the grant. The department shall define what constitutes a complete report and shall specify the deadlines for submitting a complete report, as well as the consequences of, and good cause for, failure to submit a complete report. The department shall adopt fair and equitable regulations implementing the monthly reporting requirement. (b) This section shall become inoperative on the date that the director executes a declaration stating that Section 11265.2, as added by the act adding this subdivision, is fully implemented statewide, and shall be repealed on January 1 of the year following the year in which it becomes inoperative.   SEC. 6.   Section 11265.1 of the   Welfare and Institutions Code   , as added by Section 30 of Chapter 1022   of the Statutes of 2002, is repealed.   11265.1. (a) In addition to the requirement for an annual redetermination of eligibility, counties shall redetermine recipient eligibility and grant amounts on a quarterly basis using prospective budgeting. Counties shall use the information reported on a recipient' s quarterly report form to prospectively determine eligibility and grant amount for the following quarterly reporting period. (b) A quarterly reporting period shall be three consecutive calendar months. The recipient shall submit one quarterly report form for each quarterly reporting period. Counties shall provide a quarterly report form to recipients at the end of the second month of the quarterly reporting period, and recipients shall return the completed quarterly report form with required verification to the county by the 11th day of the third month of the quarterly reporting period. (c) Counties may establish staggered quarterly reporting cycles based on factors established or approved by the department, including, but not limited to, application date or case number. (d) The quarterly report form shall be signed under penalty of perjury, and shall include only information necessary to determine CalWORKs and food stamp eligibility and calculate the CalWORKs grant amount and food stamp allotment, as specified by the department. The form shall be as comprehensible as possible for recipients and shall require recipients to provide the following: (1) Information about income received during the second month of the quarterly reporting period. (2) Information about income that the recipient anticipates receiving during the following quarterly reporting period. (3) Any other changes to facts required to be reported, together with any changes to those facts that the recipient anticipates will occur. The recipient shall provide verification as specified by the department with the quarterly report form. (e) A quarterly report form shall be considered complete if the following requirements, as specified by the department, are met: (1) The form is signed no earlier than the first day of the third month of the quarterly reporting period by the persons specified by the department. (2) All questions and items pertaining to CalWORKs and food stamp eligibility and grant amount are answered. (3) Verification required by the department is provided. (f) If a recipient fails to submit a complete quarterly report form, as defined in subdivision (e), by the 11th day of the third month of the quarterly reporting period, the county shall provide the recipient with a notice that the county will terminate benefits at the end of the month. Prior to terminating benefits, the county shall attempt to make personal contact to remind the recipient that a completed report is due, or, if contact is not made, shall send a reminder notice to the recipient no later than five days prior to the end of the month. Any discontinuance notice shall be rescinded if a complete report is received by the first working day of the first month of the following quarterly reporting period. (g) The county may determine, at any time prior to the last day of the calendar month following discontinuance for nonsubmission of a quarterly report form, that a recipient had good cause for failing to submit a complete quarterly report form, as defined in subdivision (e), by the first working day of the month following discontinuance. If the county finds a recipient had good cause, as defined by the department, it shall rescind the discontinuance notice. Good cause exists only when the recipient cannot reasonably be expected to fulfill his or her reporting responsibilities due to factors outside of the recipient's control.   SEC. 7.   Section 11265.1 is added to the   Welfare and Institutions Code   , to read:   11265.1. (a) In addition to the requirement for an annual redetermination of eligibility, counties shall redetermine recipient eligibility and grant amounts on a semiannual basis in a prospective manner, using reasonably anticipated income consistent with Section 5 of the federal Food Stamp Act (7 U.S.C. Sec. 2014(f)(3)(A)), implementing regulations, and any waivers obtained by the department pursuant to subdivision (g) of Section 11265.2. Counties shall use the information reported on a recipient's semiannual report form to prospectively determine eligibility and the grant amount for the following semiannual reporting period. (b) A semiannual reporting period shall be six consecutive calendar months. The recipient shall submit one semiannual report form for each semiannual reporting period. Counties shall provide a semiannual report form to recipients at the end of the fifth month of the semiannual reporting period, and recipients shall return the completed semiannual report form with required verification to the county by the 11th day of the sixth month of the semiannual reporting period. (c) The semiannual report form shall be signed under penalty of perjury, and shall include only the information necessary to determine CalWORKs and food stamp eligibility and calculate the CalWORKs grant amount and food stamp allotment, as specified by the department. The form shall be as comprehensible as possible for recipients and shall require recipients to provide the following: (1) Information about income received during the fifth month of the semiannual reporting period. (2) Any other changes to facts required to be reported. The recipient shall provide verification as specified by the department with the semiannual report form. (d) A semiannual report form shall be considered complete if the following requirements, as specified by the department, are met: (1) The form is signed no earlier than the first day of the sixth month of the semiannual reporting period by the persons specified by the department. (2) All questions and items pertaining to CalWORKs and food stamp eligibility and grant amounts are answered. (3) Verification required by the department is provided. (e) If a recipient fails to submit a complete semiannual report form, as defined in subdivision (d), by the 11th day of the sixth month of the semiannual reporting period, the county shall provide the recipient with a notice that the county will terminate benefits at the end of the month. Prior to terminating benefits, the county shall attempt to make personal contact to remind the recipient that a completed report is due, or, if contact is not made, shall send a reminder notice to the recipient no later than five days prior to the end of the month. Any discontinuance notice shall be rescinded if a complete report is received by the first working day of the first month of the following semiannual reporting period. (f) The county may determine, at any time prior to the last day of the calendar month following discontinuance for nonsubmission of a semiannual report form, that a recipient had good cause for failing to submit a complete semiannual report form, as defined in subdivision (d), by the first working day of the month following discontinuance. If the county finds a recipient had good cause, as defined by the department, it shall rescind the discontinuance notice. Good cause exists only when the recipient cannot reasonably be expected to fulfill his or her reporting responsibilities due to factors outside of the recipient's control. (g) Any projected administrative savings associated with the implementation of the semiannual, prospective budgeting requirements in this chapter shall be calculated in relation to the actual costs to counties of administering the Food Stamp program. There shall be no reduction in county administrative funding associated with the calculated savings, except to the extent that the projected county administrative savings associated with the implementation of this section exceed any underfunding of the actual costs to counties. Any savings that are assumed shall be reconciled against actual data collected through a survey of a representative sample of counties. (h) Counties may establish staggered semiannual reporting cycles for individual recipients, based on factors established or approved by the department, including, but not limited to, application date or case number. If a county elects to stagger the reporting periods for individuals, this section shall apply to an individual recipient on the first day of the month assigned to the recipient, but in no event later than July 1, 2011. Up to and until the establishment of a semiannual system, counties shall operate a quarterly system, as established by law and regulation applicable immediately prior to the establishment of the semiannual reporting system.   SEC. 8.   Section 11265.2 of the   Welfare and Institutions Code   is repealed.   11265.2. (a) The grant amount a recipient shall be entitled to receive for each month of the quarterly reporting period shall be prospectively determined as provided by this section. If a recipient reports that he or she does not anticipate any changes in income during the upcoming quarter, compared to the income the recipient reported actually receiving on the quarterly report form, the grant shall be calculated using the actual income received. If a recipient reports that he or she anticipates a change in income in one or more months of the upcoming quarter, the county shall determine whether the recipient's income is reasonably anticipated. The grant shall be calculated using the income that the county determines is reasonably anticipated in each of the three months of the upcoming quarter. (b) For the purposes of the quarterly reporting, prospective budgeting system, income shall be considered to be "reasonably anticipated" if the county is reasonably certain of the amount of income and that the income will be received during the quarterly reporting period. The county shall determine what income is "reasonably anticipated" based on information provided by the recipient and any other available information. (c) If a recipient reports that their income in the upcoming quarter will be different each month and the county needs additional information to determine a recipient's reasonably anticipated income for the following quarter, the county may require the recipient to provide information about income for each month of the prior quarter. (d) Grant calculations pursuant to subdivision (a) may not be revised to adjust the grant amount during the quarterly reporting period, except as provided in Section 11265.3 and subdivisions (e), (f), (g), and (h), and as otherwise established by the department. (e) Notwithstanding subdivision (d), statutes and regulations relating to (1) the 60-month time limit, (2) age limitations for children under Section 11253, and (3) sanctions and financial penalties affecting eligibility or grant amount shall be applicable as provided in such statutes and regulations. Eligibility and grant amount shall be adjusted during the quarterly reporting period pursuant to such statutes and regulations effective with the first monthly grant after timely and adequate notice is provided. (f) Notwithstanding Section 11056, if an applicant applies for assistance for a child who is currently aided in another assistance unit, and the county determines that the applicant has care and control of the child, as specified by the department, and is otherwise eligible, the county shall discontinue aid to the child in the existing assistance unit and shall aid the child in the applicant' s assistance unit effective as of the first of the month following the discontinuance of the child from the existing assistance unit. (g) If the county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, the county shall discontinue aid to the child at the end of the month of placement. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible. (h) If the county determines that a recipient is no longer a California resident, pursuant to Section 11100, the recipient shall be discontinued. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible.   SEC. 9.   Section 11265.2 is added to the   Welfare and Institutions Code   , to read:   11265.2. (a) The grant amount a recipient shall be entitled to receive for each month of the semiannual reporting period shall be prospectively determined, using reasonably anticipated income, and calculated in a manner consistent with Section 5 of the federal Food Stamp Act (7 U.S.C. Sec. 2014(f)(3)(A)), implementing regulations, and any waivers obtained by the department pursuant to subdivision (g). (b) Grant calculations pursuant to subdivision (a) shall not be revised to adjust the grant amount during the semiannual reporting period, except as provided in Section 11265.3 and subdivisions (c), (d), (e), and (f), and as otherwise established by the department. (c) Notwithstanding subdivision (b), statutes and regulations relating to the 60-month time limit, age limitations for children under Section 11253, and sanctions and financial penalties affecting eligibility or grant amount shall be applicable as provided in those statutes and regulations. Eligibility and grant amount shall be adjusted during the semiannual reporting period pursuant to those statutes and regulations effective with the first monthly grant after timely and adequate notice is provided. (d) Notwithstanding Section 11056, if an applicant applies for assistance for a child who is currently aided in another assistance unit, and the county determines that the applicant has care and control of the child, as specified by the department, and is otherwise eligible, the county shall discontinue aid to the child in the existing assistance unit and shall aid the child in the applicant' s assistance unit effective as of the first of the month following the discontinuance of the child from the existing assistance unit. (e) If the county is notified that a child for whom CalWORKs assistance is currently being paid has been placed in a foster care home, the county shall discontinue aid to the child at the end of the month of placement. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible. (f) If the county determines that a recipient is no longer a California resident, pursuant to Section 11100, the recipient shall be discontinued. The county shall discontinue the case if the remaining assistance unit members are not otherwise eligible. (g) The department shall take all necessary steps to implement this section in the simplest manner possible for both county human services departments and recipients of aid under this chapter, including, but not limited to, exploring the feasibility of accumulating reported changes, acting on changes once per month rather than multiple times, and whether additional flexibility is available under federal food stamp rules to simplify the consideration of reasonably anticipated income when setting grant levels for the upcoming semiannual reporting period.   SEC. 10.   Section 11265.3 of the  Welfare and Institutions Code   is repealed.   11265.3. (a) In addition to submitting the quarterly report form as required in Section 11265.1, during the quarterly reporting period, a recipient shall report the following changes to the county orally or in writing, within 10 days of the change: (1) The receipt at any time during a quarterly reporting period of income, as provided by the department, in an amount that is likely to render the recipient ineligible, as provided by the department. (2) The occurrence at any time during a quarterly reporting period of a drug felony conviction as specified in Section 11251.3. (3) The occurrence, at any time during a quarterly reporting period, of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole as specified in Section 11486.5. (b) Counties shall inform each recipient of the duty to report under paragraph (1) of subdivision (a), the consequences of failing to report, and the amount of income likely to render the family ineligible for benefits no less frequently than once per quarter. (c) When a recipient reports income pursuant to paragraph (1) of subdivision (a) the county shall redetermine eligibility and grant amounts as follows: (1) If the recipient reports a change for the first or second month of a current quarterly reporting period, the county shall verify the report and determine if the recipient is financially ineligible. If the recipient is determined to be financially ineligible based on this income, the county shall discontinue the recipient after timely and adequate notice in accordance with rules applicable to the federal Food Stamp program. (2) If the recipient reports a change for the third month of a current quarterly reporting period, the county shall not redetermine eligibility for the current quarterly reporting period, but shall redetermine eligibility and grant amount for the following quarterly reporting period as provided in Section 11265.2. (d) (1) During the quarterly reporting period, a recipient may report to the county, orally or in writing, any changes in income or household circumstances that may increase the recipient's grant. (2) Counties shall act upon changes in income reported during the quarterly reporting period that result in an increase in benefits, after verification specified by the department is received. Reported changes in income that increase the grant shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification. (3) (A) When a decrease in gross monthly income is voluntarily reported and verified, the county shall redetermine the grant for the current month and any remaining months in the quarterly reporting period by averaging the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future month remaining in the quarterly reporting period. (B) When the average is determined pursuant to subparagraph (A), and a grant amount is calculated based upon the averaged income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the quarter to the higher amount and shall issue any increased benefit amount as provided in paragraph (2). (4) Except as provided in subdivision (e), counties shall act only upon changes in household composition voluntarily reported by the recipients during the quarterly reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first or second month of the quarterly reporting period and results in an increase in benefits, the county shall redetermine the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the third month of a quarterly reporting period, the county shall not redetermine the grant for the current quarterly reporting period, but shall redetermine the grant for the following reporting period as provided in Section 11265.2. (e) During the quarterly reporting period, a recipient may request that the county discontinue the recipient's entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient's request was verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient's report was in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance. (f) The department, in consultation with the County Welfare Directors Association (CWDA), shall report to the relevant policy and fiscal committees of the Legislature in April 2005 regarding the effects upon program efficiency and integrity of implementation of the midquarter reporting requirement set forth in subdivision (a). The report shall be based on data collected by CWDA and select counties. The department, in consultation with CWDA, shall determine the data collection needs required to assess the effects of the specified midquarter report.   SEC. 11.   Section 11265.3 is added to the   Welfare and Institutions Code   , to read:   11265.3. (a) In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs. (b) The CalWORKs income reporting threshold shall be the lesser of the following: (1) Three-quarters of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient's monthly benefits. (2) The amount likely to render the recipient ineligible for federal food stamp benefits. (3) The amount likely to render the recipient ineligible for CalWORKs benefits. (c) A recipient shall report to the county orally or in writing, within 10 days, when any of the following occurs: (1) The monthly household income exceeds the threshold established pursuant to this section. (2) The household address has changed. (3) A drug felony conviction, as specified in Section 11251.3. (4) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5. (d) At least once per semiannual reporting period, counties shall inform each recipient of all of the following: (1) The duty to report under this section. (2) The consequences of failing to report. (3) The amount of the recipient's income reporting threshold. (e) When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows: (1) If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipient's financial eligibility and grant amount. (A) If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received. (B) If it is determined that the recipient's grant amount should decrease based on the increase in income, the county shall reduce the recipient's grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received. (2) If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Section 11265.2. (f) Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification. (g) (1) When a decrease in gross monthly income is voluntarily reported and verified, the county shall redetermine the grant for the current month and any remaining months in the semiannual reporting period by averaging the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future month remaining in the semiannual reporting period. (2) When the average is determined pursuant to paragraph (1), and a grant amount is calculated based upon the averaged income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f). (h) During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipient's grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall redetermine the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Section 11265.2. (i) During the semiannual reporting period, a recipient may request that the county discontinue the recipient's entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient's request was verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient's report was in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.   SEC. 12.   Section 11320.2 of the   Welfare and Institutions Code   is amended to read:  11320.2. (a) Commencing July 1, 2011, subject to subdivision (g), the county shall conduct self-sufficiency reviews with all aided caretaker relatives and the adult caretaker or minor parent head-of-household in child-only cases, except for individuals who are exempt from welfare-to-work activities pursuant to Section 11320.3. Reviews shall be conducted every six months, except as otherwise provided in this subdivision. For an assistance unit determined to be eligible under this chapter on or after July 1, 2011, reviews shall be conducted  at the end of the assistance unit's second and fourth quarterly reporting periods   at the end of each semiannual reporting period  . The review at the  fourth quarterly   end of the second semiannual  reporting period  of each year  shall be conducted with the annual redetermination, on the same day and in the same location. The notice, scheduling, and accommodation requirements used for the annual redetermination shall be utilized uniformly for the self-sufficiency reviews. For an assistance unit determined to be eligible under this chapter prior to July 1, 2011, reviews shall be conducted starting at the end of each assistance unit's  second quarterly   first semiannual  reporting period and with the next regularly scheduled redetermination, and then annually thereafter. (b) The county shall provide notification to individuals for whom a review has been scheduled, not less than 60 calendar days prior to the appointment, and provide for a process for rescheduling, if necessary, on a date not to exceed 20 calendar days beyond the scheduled review. (c) Self-sufficiency reviews shall be conducted by a county social worker or employment services worker. (d) The purposes of the self-sufficiency review are to determine barriers to participation, including those that may establish the basis for an exemption, to assess needed services and resources, and to provide tools to connect the recipient with the needed services and activities in order to increase his or her work or community service participation pursuant to Section 11320. (e) (1) If the recipient fails to attend the review, the county shall provide the recipient with a notice that the county shall reduce the recipient's benefits by 50 percent after 30 calendar days, unless the participant has complied or provided good cause. Prior to reducing benefits by 50 percent, the county shall attempt to make personal contact, consistent with current practice as exercised for the annual redetermination, to remind the recipient that attending the self-sufficiency review is required, or, if contact is not made, shall send a reminder notice to the recipient no later than five days prior to the end of the 30-calendar day period. The county may determine at any time prior to reducing benefits by 50 percent for failure to attend the self-sufficiency review, or after the sanction has been imposed, that a recipient had good cause for failing to attend the self-sufficiency review. A notice regarding a 50-percent reduction in benefits shall be rescinded when the self-sufficiency review is completed. (2) If the participant is found to not comply with the requirement to attend the self-sufficiency review, the benefits shall be reduced by 50 percent. (3) The county may determine, at any time prior to the end of the 30-calendar day period following the reduction of benefits by 50 percent for failure to attend the self-sufficiency review, or after the sanction has been imposed, that a recipient had good cause for failing to attend the review. If the county finds a recipient had good cause, it shall rescind the reduction in benefits notice. Good cause exists only when the recipient cannot reasonably be expected to fulfill his or her responsibilities, due to factors beyond the recipient's control. (f) Not later than January 1, 2013, the county shall provide the department with an evaluation of the implementation of the self-sufficiency reviews that addresses the effectiveness of the reviews in meeting the goals stated in subdivision (d). Upon receipt of all of the county evaluations, the department shall forward the evaluations to the relevant fiscal and policy committees of the Legislature for review. (g) An aided adult who is fully meeting the hours of participation required of CalWORKs recipients under applicable state law shall not be subject to self-sufficiency reviews. (h) A review conducted in accordance with this section that occurs at either the 42nd or 54th month of aid pursuant to Section 11454 shall include all of the components specified in subdivision (a), and shall also include information and a warning to the individual regarding the upcoming consequences of reaching the 48-month or 60-month time limits, depending on the specific circumstances of the case. The review shall occur six months before the applicable time limit. However, if a recipient returns to aided status when fewer than six months remain before the 60-month time limit, he or she shall receive a review under this section within a reasonable time prior to the 60th month, as determined by the county. (i) This section shall become operative on July 1, 2011.  SEC. 13.   Section 11450 of the   Welfare and Institutions Code   is amended to read:  11450. (a) (1) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family's income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1,  averaged   determined  for the prospective  quarter   semiannual period  pursuant to Sections 11265.2 and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): Number of eligible needy persons in Maximum the same home aid 1.............................. $ 326 2.............................. 535 3.............................. 663 4.............................. 788 5.............................. 899 6.............................. 1,010 7.............................. 1,109 8.............................. 1,209 9.............................. 1,306 10 or more...................... 1,403 If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453. (2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section. (b) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant mother for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the mother, and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. Aid shall also be paid to a pregnant woman with no other children in the amount which would otherwise be paid to one person under subdivision (a) at any time after verification of pregnancy if the pregnant woman is also eligible for the Cal-Learn Program described in Article 3.5 (commencing with Section 11331) and if the mother, and child, if born, would have qualified for aid under this chapter. (c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant mothers qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the mother, and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants and Children program. If that payment to pregnant mothers qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the mother, and the child, if born, would have qualified for aid under this chapter. (d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month which, when added to the child's income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. (e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. (f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. (1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special need items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. (2) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families which are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or which is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. (A) (i) A nonrecurring special need of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. (ii) This special need shall be granted or denied immediately upon the family's application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family's homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. (iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form; good cause; or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. (B) A nonrecurring special need for permanent housing assistance is available to pay for last month's rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. The last month's rent or monthly arrearage portion of the payment (i) shall not exceed 80 percent of the family's total monthly household income without the value of food stamps or special needs for a family of that size and (ii) shall only be made to families that have found permanent housing costing no more than 80 percent of the family's total monthly household income without the value of food stamps or special needs for a family of that size. However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in clause (ii) of the preceding paragraph. (C) The nonrecurring special need for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. (D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. (E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. (ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. (iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement pursuant to clause (iii) of the availability of domestic violence counseling and services, and refer those recipients to services upon request. (iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. (v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. (vi) The county welfare department shall report to the department through a statewide homeless assistance payment indicator system, necessary data, as requested by the department, regarding all recipients of aid under this paragraph. (F) The county welfare departments, and all other entities participating in the costs of the AFDC program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. (G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. (H) The daily amount for the temporary shelter special need for homeless assistance may be increased if authorized by the current year's Budget Act by specifying a different daily allowance and appropriating the funds therefor. (I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. (g) The department shall establish rules and regulations ensuring the uniform application statewide of this subdivision. (h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. (i) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. (j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) of Chapter 2, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child's income, is equal to the rate specified in Section 11364.  SEC. 14.   Section 11450.12 of the   Welfare and Institutions Code   , as amended by Section 39 of Chapter 1022 of the   Statutes of 2002, is amended to read:  11450.12. (a) An applicant family shall not be eligible for aid under this chapter unless the family's income, exclusive of the first ninety dollars ($90) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452. (b) A recipient family shall not be eligible for further aid under this chapter if  reasonably anticipated income, less exempt income, averaged over the quarter   the monthly income determined for the semiannual period  pursuant to Sections 11265.2 and 11265.3,  less exempt income  and exclusive of amounts exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450.  SEC. 15.   Section 11450.13 of the   Welfare and Institutions Code   , as amended by Section 40 of Chapter 1022 of the   Statutes of 2002, is amended to read:  11450.13. In calculating the amount of aid to which an assistance unit is entitled in accordance with Section 11320.15, the maximum aid payment, adjusted to reflect the removal of the adult or adults from the assistance unit, shall be reduced by the gross  monthly  income of the adult or adults removed from the assistance unit,  averaged over   determined for  the  quarter   semiannual period  pursuant to Sections 11265.2 and 11265.3, and less any amounts exempted pursuant to Section 11451.5. Aid may be provided in the form of cash or vouchers, at the option of the county.  SEC. 16.   Section 11451.5 of the   Welfare and Institutions Code   , as amended by   Section 329 of Chapter 62 of the Statutes of 2003, is amended to read:  11451.5. (a) Except as provided by subdivision (f) of Section 11322.6, the following income,  averaged over   determined for  the  quarter   semiannual period  pursuant to Sections 11265.2 and 11265.3, shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450: (1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts: (A) All disability-based unearned income plus any amount of not otherwise exempt earned income equal to the amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225). (B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A). (2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts: (A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income. (B) Fifty percent of all earned income. (b) For purposes of this section: (1) Earned income means gross income received as wages, salary, employer provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee. (2) Disability-based unearned income means state disability insurance benefits, private disability insurance benefits, temporary workers' compensation benefits, and social security disability benefits. (3) Unearned income means any income not described in paragraph (1) or (2).  SEC. 17.   Section 18910 of the   Welfare and Institutions Code   is repealed.   18910. (a) To the extent permitted by federal law, regulations, waivers, and directives, the department shall implement the prospective budgeting, quarterly reporting system provided in Sections 11265.1, 11265.2, and 11265.3, and related provisions regarding the Food Stamp Program, in a cost-effective manner that promotes compatibility between the CalWORKs program and the Food Stamp Program, and minimizes the potential for payment errors. (b) The department shall seek all necessary waivers from the United States Department of Agriculture to implement subdivision (a).   SEC. 18.   Section 18910 is added to the   Welfare and Institutions Code   , to read:   18910. (a) To the extent permitted by the federal Food Stamp Act, including Section 2015(c) of Title 7 of the United States Code, implementing regulations, and any waivers obtained by the department pursuant to subdivision (g) of Section 11265.2, the department shall implement a prospective budgeting, semiannual reporting system for recipients of food stamps. (1) Food stamp households that also receive CalWORKs benefits shall be subject to the CalWORKs semiannual reporting procedures established in Sections 11265.1, 11265.2, and 11265.3. (2) Food stamp households not receiving CalWORKs shall not be required to report within the semiannual reporting period unless specifically required by federal food stamp law. Otherwise, food stamp households not receiving CalWORKs shall be subject to semiannual reporting procedures established in Sections 11265.1, 11265.2, and 11265.3, excluding the CalWORKs income reporting threshold and any provisions not permitted under federal food stamp law, regulation, or waivers obtained by the department pursuant to subdivision (g) of Section 11265.2. (b) For recipients of food stamps who also are Medi-Cal beneficiaries and who are subject to the Medi-Cal midyear status reporting requirements, counties shall seek to align the timing of reports required under this section with midyear status reports required by the Medi-Cal program. (c) The requirements of subdivisions (h) and (i) of Section 11265.1 and subdivision (g) of Section 11265.2 shall apply to the implementation of this section. (d) The department shall seek all necessary waivers from the United States Department of Agriculture to implement this section. (e) Counties may establish staggered, semiannual reporting cycles for individual recipients, based on factors established or approved by the department, including, but not limited to, application date or case number. If the county elects to stagger the reporting periods for individual recipients, this section shall apply to an individual recipient on the first day of the month assigned to the recipient, but in no event later than July 1, 2011. Up to and until the establishment of the semiannual reporting system, counties shall operate a quarterly system, as established by law and regulation applicable immediately prior to the establishment of the semiannual reporting system.   SEC. 19.   (a) The changes made to the Welfare and Institutions Code by this act shall become operative in a county on the date that the county implements the semiannual reporting provisions referred to in those sections. A county may implement the semiannual reporting provisions as early as July 1, 2011, but in no event later than January 1, 2012.   (b) Notwithstanding subdivision (a), if a county elects to stagger the reporting periods for individuals pursuant to subdivision (h) of Section 11265.1 of the Welfare and Institutions Code or subdivision (e) of Section 18910 of the Welfare and Institutions Code, as added by this act, this act shall apply to an individual recipient on the first day of the month assigned to that recipient, but in no event later than July 1, 2012.  SEC. 20.   (a) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, until emergency regulations are filed with the Secretary of State, the State Department of Social Services may implement the changes made by this act through all-county letters or similar instructions from the director. The department shall adopt emergency regulations, as necessary to implement those changes no later than January 1, 2012.   (b) The adoption of regulations pursuant to subdivision (a) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.   SEC. 21.   No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.   SEC. 22.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.   SECTION 1.   It is the intent of the Legislature to enact legislation that would take advantage of options available under the federal Fostering Connections to Success and Increasing Adoptions Act, which provides federal funding to improve outcomes for youth in or transitioning out of foster care, including youth placed with relatives and qualifying youth under 21 years of age.