Amended IN Senate April 04, 2024 Amended IN Assembly May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 866Introduced by Assembly Member Blanca RubioFebruary 14, 2023An act to add Chapter 10.25 (commencing with Section 18936.50) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to food assistance. amend Section 369 of the Welfare and Institutions Code, relating to juveniles.LEGISLATIVE COUNSEL'S DIGESTAB 866, as amended, Blanca Rubio. Food assistance for nonminor dependents. Juveniles: care and treatment.Existing law authorizes a minor to consent to medical and other treatment under certain circumstances, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Under existing law, if a minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, the court may authorize, or order that a social worker may authorize, medical and other care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical and other care for a minor in emergency situations, as specified.This bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law. The bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to replacement narcotic abuse treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, whether or not the minor has the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.Existing law authorizes a social worker to inform a dependent child 12 years of age or older of their right to consent to receive specified health services, including, among other things, the diagnosis and treatment of sexual assault and medical care relating to the prevention or treatment of pregnancy. Existing law also authorizes a social worker to provide a dependent child with access to age-appropriate, medically accurate information about sexual development, reproductive health, and the prevention of unplanned pregnancies and sexually transmitted infections.This bill would instead authorize a social worker to inform a dependent child 10 years of age or older of their right to consent to receive those health services and would also authorize a social worker to inform a dependent child of their confidentiality rights regarding those services. The bill would additionally authorize a social worker to provide a dependent child with information on how to access reproductive and sexual health care services and to facilitate access to that care, as specified.Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which nutrition assistance benefits are distributed to eligible individuals by the counties. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, for nonminor dependents, a supervised independent living placement or a transitional living setting.This bill would require the State Department of Social Services to establish a state-funded food assistance program to provide assistance for a nonminor dependent, as defined, who is residing in a supervised independent living placement or a transitional living setting, as specified. The bill would require the program to utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement the program, to the extent permissible under federal law. The bill would specify the amount of assistance a nonminor dependent would receive, based on whether or not the nonminor dependent is a custodial parent. The bill would authorize counties to screen the nonminor dependent for eligibility for CalFresh benefits and if the nonminor dependent is eligible for those benefits, the amount of assistance pursuant to the bill would be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size. The bill would terminate food assistance payments to the minor on the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting, as specified. The bill would require the department to work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement its provisions, and would require the payment to be automated on the later of January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation. By increasing county duties, the bill would impose a state-mandated local program. The bill would authorize the State Department of Social Services to implement and administer its provisions through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, as specified.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 369 of the Welfare and Institutions Code is amended to read:369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.(f)(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.(g)(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.(h)(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.(3) A social worker for a dependent child may do either or both of the following:(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.SECTION 1.Chapter 10.25 (commencing with Section 18936.50) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:10.25.Food Assistance for Nonminor Dependents18936.50.(a)(1)The State Department of Social Services shall establish a state-funded program to provide food assistance for nonminor dependents, as defined in subdivision (v) of Section 11400, who are residing in a supervised independent living placement, as defined in paragraph (1) of, or a transitional living setting, as defined in paragraph (4) of, subdivision (x) of Section 11400.(2)The program shall utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement this chapter, to the extent permissible by federal law.(b)Except as specified in subdivision (c), an eligible nonminor dependent shall receive aid in the following amounts, upon appropriation by the Legislature:(1)A nonminor dependent residing in a supervised independent living placement or transitional living setting shall receive an amount equal to the maximum benefit amount allotted for a household size of one under the CalFresh program (Chapter 10 (commencing with Section 18900)), without regard to income or resources.(2)A nonminor dependent residing in a supervised independent living placement or transitional living setting who is a custodial parent shall receive an amount equal to the maximum benefit amount allotted under the CalFresh program (Chapter 10 (commencing with Section 18900)) for the nonminors household size, without regard to income or resources.(c)The county may screen nonminor dependents for eligibility for CalFresh benefits, based on their income and resources. If the nonminor dependent is eligible for CalFresh benefits, the amount paid pursuant to this section shall be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size.(d)The beginning date of aid shall be the first day of the month in which the nonminor dependent is placed in the supervised independent living placement or transitional living setting.(e)If the nonminor dependent no longer resides in the supervised independent living placement or transitional living setting, the final date of aid under this section shall be the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting. It is the intent of the Legislature that the nonminor dependent not experience any interruption in aid under this section due to a change in placement within a calendar month. The payment or payments made pursuant to this section shall not be prorated, and overpayments shall not be established or collected.(f)The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement this section. The payment described in this section shall be automated on January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.18936.51.Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this chapter through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, but in no event longer than 18 months after the date upon which this chapter becomes operative.SEC. 2.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.
Amended IN Senate April 04, 2024 Amended IN Assembly May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 866Introduced by Assembly Member Blanca RubioFebruary 14, 2023An act to add Chapter 10.25 (commencing with Section 18936.50) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to food assistance. amend Section 369 of the Welfare and Institutions Code, relating to juveniles.LEGISLATIVE COUNSEL'S DIGESTAB 866, as amended, Blanca Rubio. Food assistance for nonminor dependents. Juveniles: care and treatment.Existing law authorizes a minor to consent to medical and other treatment under certain circumstances, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Under existing law, if a minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, the court may authorize, or order that a social worker may authorize, medical and other care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical and other care for a minor in emergency situations, as specified.This bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law. The bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to replacement narcotic abuse treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, whether or not the minor has the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.Existing law authorizes a social worker to inform a dependent child 12 years of age or older of their right to consent to receive specified health services, including, among other things, the diagnosis and treatment of sexual assault and medical care relating to the prevention or treatment of pregnancy. Existing law also authorizes a social worker to provide a dependent child with access to age-appropriate, medically accurate information about sexual development, reproductive health, and the prevention of unplanned pregnancies and sexually transmitted infections.This bill would instead authorize a social worker to inform a dependent child 10 years of age or older of their right to consent to receive those health services and would also authorize a social worker to inform a dependent child of their confidentiality rights regarding those services. The bill would additionally authorize a social worker to provide a dependent child with information on how to access reproductive and sexual health care services and to facilitate access to that care, as specified.Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which nutrition assistance benefits are distributed to eligible individuals by the counties. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, for nonminor dependents, a supervised independent living placement or a transitional living setting.This bill would require the State Department of Social Services to establish a state-funded food assistance program to provide assistance for a nonminor dependent, as defined, who is residing in a supervised independent living placement or a transitional living setting, as specified. The bill would require the program to utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement the program, to the extent permissible under federal law. The bill would specify the amount of assistance a nonminor dependent would receive, based on whether or not the nonminor dependent is a custodial parent. The bill would authorize counties to screen the nonminor dependent for eligibility for CalFresh benefits and if the nonminor dependent is eligible for those benefits, the amount of assistance pursuant to the bill would be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size. The bill would terminate food assistance payments to the minor on the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting, as specified. The bill would require the department to work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement its provisions, and would require the payment to be automated on the later of January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation. By increasing county duties, the bill would impose a state-mandated local program. The bill would authorize the State Department of Social Services to implement and administer its provisions through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, as specified.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Senate April 04, 2024 Amended IN Assembly May 18, 2023
Amended IN Senate April 04, 2024
Amended IN Assembly May 18, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 866
Introduced by Assembly Member Blanca RubioFebruary 14, 2023
Introduced by Assembly Member Blanca Rubio
February 14, 2023
An act to add Chapter 10.25 (commencing with Section 18936.50) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to food assistance. amend Section 369 of the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 866, as amended, Blanca Rubio. Food assistance for nonminor dependents. Juveniles: care and treatment.
Existing law authorizes a minor to consent to medical and other treatment under certain circumstances, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Under existing law, if a minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, the court may authorize, or order that a social worker may authorize, medical and other care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical and other care for a minor in emergency situations, as specified.This bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law. The bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to replacement narcotic abuse treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, whether or not the minor has the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.Existing law authorizes a social worker to inform a dependent child 12 years of age or older of their right to consent to receive specified health services, including, among other things, the diagnosis and treatment of sexual assault and medical care relating to the prevention or treatment of pregnancy. Existing law also authorizes a social worker to provide a dependent child with access to age-appropriate, medically accurate information about sexual development, reproductive health, and the prevention of unplanned pregnancies and sexually transmitted infections.This bill would instead authorize a social worker to inform a dependent child 10 years of age or older of their right to consent to receive those health services and would also authorize a social worker to inform a dependent child of their confidentiality rights regarding those services. The bill would additionally authorize a social worker to provide a dependent child with information on how to access reproductive and sexual health care services and to facilitate access to that care, as specified.Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which nutrition assistance benefits are distributed to eligible individuals by the counties. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, for nonminor dependents, a supervised independent living placement or a transitional living setting.This bill would require the State Department of Social Services to establish a state-funded food assistance program to provide assistance for a nonminor dependent, as defined, who is residing in a supervised independent living placement or a transitional living setting, as specified. The bill would require the program to utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement the program, to the extent permissible under federal law. The bill would specify the amount of assistance a nonminor dependent would receive, based on whether or not the nonminor dependent is a custodial parent. The bill would authorize counties to screen the nonminor dependent for eligibility for CalFresh benefits and if the nonminor dependent is eligible for those benefits, the amount of assistance pursuant to the bill would be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size. The bill would terminate food assistance payments to the minor on the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting, as specified. The bill would require the department to work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement its provisions, and would require the payment to be automated on the later of January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation. By increasing county duties, the bill would impose a state-mandated local program. The bill would authorize the State Department of Social Services to implement and administer its provisions through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, as specified.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 the statutory provisions noted above.
Existing law authorizes a minor to consent to medical and other treatment under certain circumstances, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Under existing law, if a minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, the court may authorize, or order that a social worker may authorize, medical and other care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical and other care for a minor in emergency situations, as specified.
This bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law. The bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to replacement narcotic abuse treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, whether or not the minor has the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.
Existing law authorizes a social worker to inform a dependent child 12 years of age or older of their right to consent to receive specified health services, including, among other things, the diagnosis and treatment of sexual assault and medical care relating to the prevention or treatment of pregnancy. Existing law also authorizes a social worker to provide a dependent child with access to age-appropriate, medically accurate information about sexual development, reproductive health, and the prevention of unplanned pregnancies and sexually transmitted infections.
This bill would instead authorize a social worker to inform a dependent child 10 years of age or older of their right to consent to receive those health services and would also authorize a social worker to inform a dependent child of their confidentiality rights regarding those services. The bill would additionally authorize a social worker to provide a dependent child with information on how to access reproductive and sexual health care services and to facilitate access to that care, as specified.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which nutrition assistance benefits are distributed to eligible individuals by the counties. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, for nonminor dependents, a supervised independent living placement or a transitional living setting.
This bill would require the State Department of Social Services to establish a state-funded food assistance program to provide assistance for a nonminor dependent, as defined, who is residing in a supervised independent living placement or a transitional living setting, as specified. The bill would require the program to utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement the program, to the extent permissible under federal law. The bill would specify the amount of assistance a nonminor dependent would receive, based on whether or not the nonminor dependent is a custodial parent. The bill would authorize counties to screen the nonminor dependent for eligibility for CalFresh benefits and if the nonminor dependent is eligible for those benefits, the amount of assistance pursuant to the bill would be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size. The bill would terminate food assistance payments to the minor on the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting, as specified. The bill would require the department to work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement its provisions, and would require the payment to be automated on the later of January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation. By increasing county duties, the bill would impose a state-mandated local program. The bill would authorize the State Department of Social Services to implement and administer its provisions through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, as specified.
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 the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 369 of the Welfare and Institutions Code is amended to read:369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.(f)(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.(g)(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.(h)(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.(3) A social worker for a dependent child may do either or both of the following:(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.SECTION 1.Chapter 10.25 (commencing with Section 18936.50) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:10.25.Food Assistance for Nonminor Dependents18936.50.(a)(1)The State Department of Social Services shall establish a state-funded program to provide food assistance for nonminor dependents, as defined in subdivision (v) of Section 11400, who are residing in a supervised independent living placement, as defined in paragraph (1) of, or a transitional living setting, as defined in paragraph (4) of, subdivision (x) of Section 11400.(2)The program shall utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement this chapter, to the extent permissible by federal law.(b)Except as specified in subdivision (c), an eligible nonminor dependent shall receive aid in the following amounts, upon appropriation by the Legislature:(1)A nonminor dependent residing in a supervised independent living placement or transitional living setting shall receive an amount equal to the maximum benefit amount allotted for a household size of one under the CalFresh program (Chapter 10 (commencing with Section 18900)), without regard to income or resources.(2)A nonminor dependent residing in a supervised independent living placement or transitional living setting who is a custodial parent shall receive an amount equal to the maximum benefit amount allotted under the CalFresh program (Chapter 10 (commencing with Section 18900)) for the nonminors household size, without regard to income or resources.(c)The county may screen nonminor dependents for eligibility for CalFresh benefits, based on their income and resources. If the nonminor dependent is eligible for CalFresh benefits, the amount paid pursuant to this section shall be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size.(d)The beginning date of aid shall be the first day of the month in which the nonminor dependent is placed in the supervised independent living placement or transitional living setting.(e)If the nonminor dependent no longer resides in the supervised independent living placement or transitional living setting, the final date of aid under this section shall be the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting. It is the intent of the Legislature that the nonminor dependent not experience any interruption in aid under this section due to a change in placement within a calendar month. The payment or payments made pursuant to this section shall not be prorated, and overpayments shall not be established or collected.(f)The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement this section. The payment described in this section shall be automated on January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.18936.51.Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this chapter through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, but in no event longer than 18 months after the date upon which this chapter becomes operative.SEC. 2.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 369 of the Welfare and Institutions Code is amended to read:369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.(f)(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.(g)(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.(h)(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.(3) A social worker for a dependent child may do either or both of the following:(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.
SECTION 1. Section 369 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.(f)(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.(g)(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.(h)(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.(3) A social worker for a dependent child may do either or both of the following:(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.
369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.(f)(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.(g)(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.(h)(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.(3) A social worker for a dependent child may do either or both of the following:(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.
369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.(f)(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.(g)(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.(h)(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.(3) A social worker for a dependent child may do either or both of the following:(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.
369. (a) Whenever (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. The
(2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.
(b) Whenever If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person.
(c) Whenever If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.
(d) Whenever (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The
(2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. Emergency situation, for the
(3) For purposes of this subdivision subdivision, emergency situation means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease which that, if not immediately diagnosed and treated, would lead to serious disability or death.
(e) In any case in which If the court orders the performance of any a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any a social worker, parole officer, or other qualified individuals or agencies individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.
(f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law.
(2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.
(f)
(g) Nothing in this section shall be construed as limiting This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state.
(g)
(h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her their age or marital status. In
(2) In a nonemergency situations, situation, the parent authorizing the care shall notify the other parent prior to the administration of that care.
(h)
(i) Nothing in this section shall be construed as limiting (1) This section does not limit the rights of dependent children, a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If
(2) If a dependent child is 12 10 years of age or older, his or her their social worker is authorized to inform the child of his or her their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access necessary, and their confidentiality rights regarding those services.
(3) A social worker for a dependent child may do either or both of the following:
(A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections. infections and how to access reproductive and sexual health care services.
(B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care.
(a)(1)The State Department of Social Services shall establish a state-funded program to provide food assistance for nonminor dependents, as defined in subdivision (v) of Section 11400, who are residing in a supervised independent living placement, as defined in paragraph (1) of, or a transitional living setting, as defined in paragraph (4) of, subdivision (x) of Section 11400.
(2)The program shall utilize the existing CalFresh and electronic benefits transfer system infrastructure to implement this chapter, to the extent permissible by federal law.
(b)Except as specified in subdivision (c), an eligible nonminor dependent shall receive aid in the following amounts, upon appropriation by the Legislature:
(1)A nonminor dependent residing in a supervised independent living placement or transitional living setting shall receive an amount equal to the maximum benefit amount allotted for a household size of one under the CalFresh program (Chapter 10 (commencing with Section 18900)), without regard to income or resources.
(2)A nonminor dependent residing in a supervised independent living placement or transitional living setting who is a custodial parent shall receive an amount equal to the maximum benefit amount allotted under the CalFresh program (Chapter 10 (commencing with Section 18900)) for the nonminors household size, without regard to income or resources.
(c)The county may screen nonminor dependents for eligibility for CalFresh benefits, based on their income and resources. If the nonminor dependent is eligible for CalFresh benefits, the amount paid pursuant to this section shall be the difference between the nonminor dependents CalFresh payment and the maximum benefit allotted for their household size.
(d)The beginning date of aid shall be the first day of the month in which the nonminor dependent is placed in the supervised independent living placement or transitional living setting.
(e)If the nonminor dependent no longer resides in the supervised independent living placement or transitional living setting, the final date of aid under this section shall be the last day of the month in which the nonminor dependent no longer lives in a supervised independent living placement or transitional living setting. It is the intent of the Legislature that the nonminor dependent not experience any interruption in aid under this section due to a change in placement within a calendar month. The payment or payments made pursuant to this section shall not be prorated, and overpayments shall not be established or collected.
(f)The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement this section. The payment described in this section shall be automated on January 1, 2025, or the date the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this chapter through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, but in no event longer than 18 months after the date upon which this chapter becomes operative.
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.