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AB-3082 In-home supportive services.(2017-2018)

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Date Published: 04/03/2018 04:00 AM
AB3082:v97#DOCUMENT

Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3082


Introduced by Assembly Member Gonzalez Fletcher

February 16, 2018


An act to add Section 12318 to the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 3082, as amended, Gonzalez Fletcher. In-home supportive services.
Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires a prospective IHSS provider to complete a provider orientation at the time of enrollment that includes, among other things, the requirements to be an eligible IHSS provider, a description of the IHSS program, and the rules, regulations, and provider-related processes and procedures under the IHSS program.
This bill would require the department, on or before July 1, 2019, in consultation with interested stakeholders, to develop a program to address the issue of sexual harassment of IHSS providers. The bill would require the program to include, among other things, include a uniform statewide protocol to follow whenever a provider reports sexual harassment, a requirement that providers attend sexual harassment education as part of their provider orientation, continuing program of sexual harassment education for providers and recipients, a procedure for providers to report sexual harassment with guidelines and timelines for investigation, and a procedure to ensure protection against retaliation. The bill would require the department, on or before July 1, 2020, and annually thereafter, to submit a report to the Legislature summarizing the outcomes of the program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12318 is added to the Welfare and Institutions Code, to read:

12318.
 (a) On or before July 1, 2019, the State Department of Social Services shall, in consultation with interested stakeholders, develop a program to address the issue of sexual harassment of in-home supportive services providers that includes all of the following:
(1) A uniform statewide protocol to follow whenever a provider reports sexual harassment, that includes clear guidelines for the state, counties, public authorities, providers, and recipients.

(2)A requirement that providers attend sexual harassment education as part of the provider orientation required pursuant to Section 12301.24.

(3)

(2) A continuing program of sexual harassment education for providers and recipients.

(4)

(3) A procedure for providers to report sexual harassment, with guidelines and timelines for investigation. The procedure shall include due process protections for recipients, specify remedial options, and establish guidelines for coordination with law enforcement agencies, if appropriate.

(5)

(4) A procedure to ensure protection against retaliation for a provider who reports sexual harassment, including, but not limited to, ensuring that the provider receives payment for services rendered, especially in a case in which a recipient withholds approval of a timesheet in the context of sexual harassment or retaliation. rendered.
(b) The department shall, on or before July 1, 2020, and annually thereafter, submit a report to the Legislature summarizing the outcomes of the program developed pursuant to subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.