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AB-3069 State employment: homeless and foster youth: pilot program.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3069:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3069


Introduced by Assembly Member Lackey

February 21, 2020


An act to add and repeal Section 19242.5 to the Government Code, relating to state employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3069, as introduced, Lackey. State employment: homeless and foster youth: pilot program.
Existing law creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law creates the Limited Examination and Appointment Program (LEAP), which the Department of Human Resources administers, to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities, including a LEAP internship program. Existing law will repeal the LEAP internship on January 1, 2021.
This bill, until January 1, 2026, would require the Department of Human Resources to establish and administer a LEAP internship pilot program for homeless youth and former foster youth. The bill would require the department to work with the Department of Social Services in implementing the program. The bill would define former foster youth and homeless youth for these purposes. The bill would require the department to conduct competitive examinations to determine the qualifications and readiness of a homeless youth or former and former foster youth for state employment, which would be permitted to include on-the-job-performance evaluation and any other selection techniques deemed appropriate. The bill would also require the department to permit an applicant youth to complete a written examination or readiness evaluation, or to complete an internship, as specified, in order to qualify for service in a position under the program. The use of an internship as a competitive examination would be subject to specified requirements.
The bill would require the department to refer the names of homeless youth or former foster youth who meet eligibility criteria for participation and the minimum qualifications of the job classification, and any other requirements deemed appropriate, to appointing powers for examination appointments, and would require that candidates meeting referral requirements are eligible for examination appointment. The bill would authorize a state agency providing an internship, or appoints a youth to a position, under the program to finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section would not eliminate the vacant or unfilled position. The bill would require successful completion for a program internship, and to be in the same job classification, in order to meet the minimum qualifications of a desired position. The bill would authorize and appointing authority apply some or all of a program participant’s internship hours performed to a period that may be required prior to a permanent hiring of a qualified person.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19242.5 is added to the Government Code, to read:

19242.5.
 (a) (1) The department, consistent with board rules, shall establish a LEAP internship pilot program for homeless youth and former foster youth, and shall work in coordination with the Department of Social Services in its implementation. The term of the pilot program shall be five years.
(2) The department, consistent with board rules, shall be responsible for the implementation of this section, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.
(3) For purposes of this section:
(A) “Former foster youth” means an applicant of less than 26 years of age who meets, or has ever met, either of the following criteria:
(i) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and was removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.
(ii) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and was removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.
(B) “Homeless youth” means an applicant up to 26 years of age, who has been verified as a homeless child or youth, as defined in subsection (2) of Section 11434a of Title 42 of the United States Code by at least one of the following:
(i) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
(ii) The director, or the director’s designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program.
(iii) A financial aid administrator.
(C) “Program” means the LEAP internship program for homeless youth and former foster youth.
(b) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of a homeless youth or former and former foster youth for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked.
(c) (1) The department or its designee shall permit a homeless youth or former foster youth to choose to complete a written examination or readiness evaluation, or to complete an internship as described in subparagraphs (A) and (B), in order to qualify for service in a position under the program. The use of an internship as a competitive examination of a homeless youth or former foster youth shall consist of both of the following:
(A) Successful completion of an internship with a state agency of at least 512 hours in duration.
(B) Confirmation by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position.
(2) A homeless youth or former foster youth who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed.
(d) (1) The program shall be designed to allow homeless youths or former foster youths to meet the minimum qualifications of the LEAP classification to which youths seek examination appointments. The length of a LEAP internship shall be for a minimum period of 512 working hours.
(2) (A) A homeless youth or former foster youth who successfully completes a program internship upon confirmation by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation.
(B) A program internship may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget.
(e)  An appointment to a position for the purpose of completing a job performance evaluation shall be known as an examination appointment. The department or its designee shall refer the names of homeless youth or former foster youth who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.
(f) (1) The department or its designee shall refer the names of homeless youth or former foster youth to appointing powers for selection for participation in an internship examination as set forth in subdivision (c).
(2) The department or its designee may refer the names of homeless or former foster youth who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed an internship.
(3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities.
(g) A state agency that provides an internship to a homeless or former foster youth or appoints a youth to a position under the program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position.
(h) (1) In order for a program internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (c), in the same job classification as the position for which the person is applying.
(2) If a job examination period is required prior to the permanent hiring of a qualified person who is a program participant, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement.
(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.