Today's Law As Amended


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SB-918 Homeless Youth Act of 2018.(2017-2018)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the Homeless Youth Act of 2018.

SEC. 2.

 Section 8257 of the Welfare and Institutions Code is amended to read:

8257.
 (a) The  Within 180 days of the effective date of the measure adding this chapter, the  Governor shall create an Interagency Council on Homelessness. a Homeless Coordinating and Financing Council. 
(b) The council shall have all of  the following goals:
(1) To oversee implementation of this chapter.
(2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.
(3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
(4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.
(5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.
(6) To make policy and procedural recommendations to legislators and other governmental entities.
(7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding.
(8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
(9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.
(10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.
(11) To ensure accountability and results in meeting the strategies and goals of the council.
(12) To identify and implement strategies to fight homelessness in small communities and rural areas.
(13) To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System,  warehouse  that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the  Medi-Cal program  (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and  9 of the Welfare and Institutions Code) and  CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System. 9 of the Welfare and Institutions Code). 
(A) Council staff shall specify the form and substance of the required data elements.
(B) Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency.
(C) (i) To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph.
(ii) Council staff shall, upon request, share personally identifiable, individual-level data from the Homeless Data Integration System with an agency or department that is a member of the council for purposes of measuring housing instability and examining the effectiveness of, and need for, housing and homelessness programs and other antipoverty programs among Californians.
(iii) Data disclosed pursuant to this subparagraph shall be in compliance with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(D) Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(E) For purposes of this paragraph, “health information” includes “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.
(14) To set  Setting  goals to prevent and end homelessness among California’s youth.
(15) To  Working to  improve the safety, health, and welfare of young people experiencing homelessness in the state.
(16) To increase  Increasing  system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.
(17) To lead  Leading  efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.
(18) To identify  Identifying  best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.
(19) To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.
(c) (1) The council shall consist of the following members: Governor shall appoint up to 17 members of the council as follows: 
(A) The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services Agency, who both  Housing, or his or her designee who  shall serve as cochairs chair  of the council.
(B) The Director  A representative from the Department  of Transportation.
(C) The Director  A representative from the Department  of Housing and Community Development.
(D) The Director of  A representative of the State Department of  Social Services.
(E) The Director A representative  of the California Housing Finance Agency.
(F) The Director or A representative of  the State Medicaid Director  Department  of Health Care Services.
(G) The Secretary of  A representative of the Department of  Veterans Affairs.
(H) The Secretary A representative  of the Department of Corrections and Rehabilitation.
(I) The Executive Director of  A representative from  the California Tax Credit Allocation Committee in the Treasurer’s office.
(J) The State Public Health Officer.
(K) The Director of the California Department of Aging.
(L) The Director of Rehabilitation.
(M) The Director of State Hospitals.
(N) The executive director of the California Workforce Development Board.
(O) (J)  The Director of the  A representative of the Victim Services Program within the Division of Grants Management within the  Office of Emergency Services.
(P) (K)  A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction. formerly homeless person who lives in California. 
(Q) (L)  A representative of the state public higher education system who shall be from one of the following: formerly homeless youth who lives in California. 
(i) (M)  The California Community Colleges. Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. 
(ii) The University of California.
(iii) (N)  The California State University. State advocates or other members of the public or state agencies, according to the Governor’s discretion. 
(2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to representative of  the council from two different stakeholder organizations.
(3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.
(4) (d)  The council shall hold public meetings at least once every quarter.
(d) (e)  The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. Notwithstanding Section 11123.5 of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), all  members of the advisory committee may participate remotely in advisory committee meetings, including meetings held with the council, and no members are required to be present at the designated primary physical meeting location. The cochairs of the council shall appoint members to this advisory committee that reflects racial and gender diversity, and shall include the following: council shall serve at the pleasure of the appointing authority. 
(1) A survivor of gender-based violence who formerly experienced homelessness.
(2) Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program.
(3) Stakeholders with expertise in solutions to homelessness and best practices from other states.
(4) Representatives of committees on African Americans, youth, and survivors of gender-based violence.
(5) A current or formerly homeless person who lives in California.
(6) A current or formerly homeless youth who lives in California.
(7) A current or formerly homeless person with a developmental disability.
(8) This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.
(e) (f)  Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.
(f) Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:
(1) Participate in council workgroups, task forces, or other similar administrative structures.
(2) Provide to the council any relevant information regarding those state homelessness programs.
(g) (1) The members of the council, advisory committee, or working groups who are or have been homeless may receive per diem and reimbursement for travel or other expenses as follows:
(A) (g)  A member The members  of the council who is or has been homeless shall receive a per diem of one hundred dollars ($100) for each day during which that member is engaged in the performance of official duties and shall also be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. 
(B) A member of the advisory committee who is or has been homeless shall receive a per diem of one hundred dollars ($100) for each day during which that member is engaged in the performance of official duties and shall also be reimbursed for travel and other expenses necessarily incurred in the performance of official duties.
(C) A member of a working group, as defined and managed by council staff, who is or has been homeless shall receive a per diem of one hundred dollars ($100) for each day during which that member is engaged in the performance of official duties and shall also be reimbursed for travel and other expenses necessarily incurred in the performance of official duties.
(2) (A) A per diem or reimbursement request pursuant to paragraph (1) is subject to funding availability.
(B) Notwithstanding any other law, assistance provided pursuant to this subdivision shall not be deemed to be income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or used to determine eligibility for any state program or local program financed wholly or in part by state funds.
(3) (A) For purposes of complying with paragraphs (1) and (2) of subdivision (a) of Section 41 of the Revenue and Taxation Code, as it pertains to this subdivision, the Legislature finds and declares as follows:
(i) The specific goals, purposes, and objectives that the exemptions created by subparagraph (B) of paragraph (2) are as follows:
(I) The objective is to facilitate the participation of individuals with lived experience in order to include valuable insight from those lived experiences in shaping policy recommendations.
(II) The goal is to prevent members with lived homelessness experience from incurring tax liability because of their participation.
(III) The purpose is to enable participants with lived homelessness experience to receive the full benefit of their per diem and reimbursements.
(ii) The performance indicators the Legislature can use to determine if the exemption is achieving the goals, purposes, and objectives stated in clause (i) shall be as follows:
(I) Whether the council, advisory committee, or working group members with lived homelessness experience incur any tax liability because of their participation on the committee.
(II) The number of people with lived homelessness experience who serve on the council, advisory committee, and working groups.
(B) (i) For purposes of complying with paragraph (3) of subdivision (a) of Section 41 of the Revenue and Taxation Code, as it pertains to this subdivision, the Legislative Analyst’s Office shall deliver to the Legislature on or before April 1 of each year a written report that includes both of the following:
(I) The estimated aggregate tax liability incurred by council, advisory committee, or working group members with lived homelessness experience because of their participation on the committee.
(II) The estimated number of people with lived homelessness experience who serve on the council, advisory committee, or working groups that excluded qualified amounts from gross income as described in paragraph (1).
(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii) The reporting requirement pursuant to this subparagraph shall become inoperative on April 1, 2028, pursuant to Section 10231.5 of the Government Code.
(4) For purposes of this subdivision, “the performance of official duties” includes, but is not limited to, attending a council, advisory, or working group meeting and reviewing agenda materials for no more than one day in preparation for each council, advisory, or working group meeting.
(h) The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.
(i) (h)  The Business, Consumer Services, and Housing Agency shall provide staff for the council.
(j) (i)  The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.
(k) (j)  There shall be an executive officer director  of the council under the direction of the Secretary of Business, Consumer Services, and Housing.
( (k) 
l
)  The council shall be under the direction of the executive officer director  and staffed by employees of the Business, Consumer Services, and Housing Agency.

SEC. 3.

 Chapter 7 (commencing with Section 8259) is added to Division 8 of the Welfare and Institutions Code, to read:

CHAPTER  7. Homeless Youth Act of 2018
8259.
 The Legislature finds and declares as follows:
(a) Runaway and homeless youth are young people 12 to 24 years of age, inclusive, who have the least access to essential opportunities and supports.
(b) The prevalence of runaways and homelessness among youth is staggering. Studies suggest that between 1.6 and 2.8 million youth up to 24 years of age in the United States experience homelessness every year. A disproportionate number of young people experiencing homelessness are youth of color, gay, lesbian, bisexual, or transgender.
(c) California has the second highest rate of unsheltered young people experiencing homelessness in the nation, and the number is growing.
(d) Thirty-one percent of all young people experiencing homelessness in the United States live in California, yet two-thirds of the state’s counties lack basic services for young people experiencing homelessness, including shelter, mental and behavioral services, family maintenance and strengthening, and substance abuse treatment programs.
(e) Research indicates that young people experiencing homelessness are more likely to have used or to begin using drugs and alcohol due to their experiences of trauma and abuse prior to becoming homeless or as a result of homelessness, including commercial sexual exploitation.
(f) With the adoption by the voters of Proposition 64, the Adult Use of Marijuana Act, there is an opportunity for new funding to support various programs and services for young people experiencing homelessness, including those with substance use disorders.
(g) In furthering the goal to prevent youth homelessness, the Legislature has created the Homeless Youth Act of 2018 to improve prevention and early intervention support services, low barrier and diverse housing opportunities, and posthousing and followup services for young people experiencing homelessness, including those with substance use disorders.
8260.
 The following definitions apply for purposes of this chapter:
(a) “Act” means the Homeless Youth Act of 2018 enacted by this chapter.
(b) “Continuum of care” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(c) “Council” means the Homeless Coordinating and Financing Council as described in Section 8257.
(d) “Homeless youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
8261.
 (a) The council shall set and measure progress towards goals to prevent and end homelessness among youth in California by doing both of the following:
(1) Setting specific, measurable goals aimed at preventing and ending homelessness among youth in the state. These goals shall include, but not be limited to, the following:
(A) Measurably decreasing the number of young people experiencing homelessness in the state.
(B) Measurably increasing permanency rates among young people experiencing homelessness by decreasing the length and occurrences of young people experiencing homelessness caused by a youth’s separation from family or a legal guardian.
(C) Decreasing the duration and frequency of experiences of homelessness among California’s youth.
(D) Decreasing barriers to services through promoting cross-systems partnerships to expedite access to services, including social services, child welfare services, regional center services, and mental health services.
(2) Defining outcome measures and gathering data related to the goals.
(A) The council shall develop and collect data on county-level and statewide measures, including, but not limited to, the number of young people experiencing homelessness in California and their dependency status, delinquency status, family reunification status, housing status, program participation, and runaway status.
(B) Data collection and sharing among state and county agencies and service providers shall be a condition upon the receipt of any state funding for programs related to youth homelessness and its prevention. All recipients shall be required to share with the council any relevant data from their Homeless Management Information Systems. Data collection and sharing pursuant to this chapter shall be conducted and maintained in accordance with all applicable state and federal privacy and confidentiality laws and regulations.
(C) The council shall seek data from any and all relevant sources, including the Homeless Management Information System (HMIS), if available, in order to meet the requirements of this section.
(D) Providers of data shall do either of the following:
(i) Redact the names, dates of birth, and addresses of victims of domestic violence, as defined in Section 6211 of the Family Code, prior to reporting data to the council.
(ii) Obtain informed consent from a victim of domestic violence, as defined in Section 6211 of the Family Code and in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual pursuant to this section.
(b) In order to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness, the council shall do both of the following:
(1) Coordinate with young people experiencing homelessness, the State Department of Social Services, other appropriate state and county agencies and departments, the state advisory group established pursuant to Section 1785, and other stakeholders to inform policy, practices, and programs.
(2) To the extent that funding is made available, provide technical assistance and program development support to increase capacity among new and existing service providers to best meet statewide needs, particularly in areas where services for young people experiencing homelessness have not been established, and provide support to service providers in making evidence-informed and data-driven decisions.