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AB-2302 Elder and dependent adults.(2019-2020)

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Date Published: 02/14/2020 09:00 PM
AB2302:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2302

Introduced by Assembly Member Arambula

February 14, 2020

An act to amend Sections 15610.10, 15610.23, 15610.27, 15610.55, 15610.57, 15701.05, 15753, 15763, and 15771 of, and to add Sections 15651, 15767, and 15768 to, the Welfare and Institutions Code, relating to elder and dependent adults.


LEGISLATIVE COUNSEL'S DIGEST


AB 2302, as introduced, Arambula. Elder and dependent adults.
(1) Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law makes it a crime for a mandated reporter to fail to make a report under the act.
Existing law requires each county welfare department to establish and support a system of protective services for elderly and dependent adults who may be subjected to neglect, abuse, or exploitation or who are unable to protect their own interests.
Existing law authorizes, in certain circumstances, an elder or dependent adult to be taken into temporary emergency protective custody.
For the purposes of the above-described provisions, existing law defines an elder as a person who is 65 years of age or older and a dependent adult as an adult between 18 and 64 years of age who has specific limitations.
This bill would instead define an elder as a person who is 60 years of age or older and a dependent adult as a person who is between 18 and 59 years of age and has those specific limitations. The bill would also specifically identify that a person in that age range with traumatic brain injuries or cognitive impairments is a dependent adult. By requiring counties to provide services under the above described provisions for additional individuals, and by expanding the scope of a crime under the Elder Abuse and Dependent Adult Civil Protection Act, this bill would impose a state-mandated local program.
(2) Existing law establishes the Home Safe Program, which requires the State Department of Social Services to award grants to counties, tribes, or groups of counties or tribes, that provide services to elder and dependent adults who experience abuse, neglect, and exploitation and otherwise meet the eligibility criteria for adult protective services, for the purpose of providing prescribed housing-related supports to eligible individuals.
This bill would include in the list of housing-related supports services to support housing transitions.
Existing law requires counties that receive grants under the Home Safe Program to provide matching funds.
This bill would provide that, on and after the effective date of the bill, grantees are not required to match any funding provided that is above the base level of funding provided in the Budget Act of 2019.
(3) The Elder Abuse and Dependent Adult Civil Protection Act requires, as part of the procedures described in paragraph (1), each county to establish an adult protective services program that includes specific policies and procedures, including provisions for emergency shelter or in-home protection.
This bill would also require the policies and procedures to include provisions for homeless prevention and longer term housing assistance and support through the Home Safe Program. The bill would authorize a county that receives grant funds under the Home Safe Program to, as part of providing case management services to elder or dependent adults who require adult protective services, provide housing assistance to those who are homeless or at risk of becoming homeless. The bill would require, if an elder or dependent adult comes to the attention of adult protective services because they are homeless, and an investigation indicates that they are homeless because they have a serious mental illness or substance use disorder, the county to refer the adult to the appropriate state or local agency to receive services and supports. By imposing additional duties on counties in the administration of their adult protective services programs, this bill would impose a state-mandated local program.
The bill would require the department to convene a workgroup to develop recommendations to create or establish a statewide adult protective services case management or data warehouse system. The bill would require the department to submit the recommendations to the Legislature by November 1, 2021.
The bill would establish the Adult Protective Services FAST/Forensic Center Grant Program, to be administered by the department, for the purpose of awarding grants to counties to create, enhance, and maintain a FAST or forensic center. The bill would define, for these purposes, a FAST as a team that handles cases involving financial abuse and a forensic center as a cross-disciplinary group of professionals who collectively review, make recommendations, and provide assistance on the most complex cases of elder and dependent adult abuse and neglect.
(4) 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 no reimbursement is required by this act for specified reasons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The Adult Protective Services Program (APS), established by the Legislature as a statewide program in 1998, is a critical component of the state’s safety net for vulnerable adults.
(2) The population served by the county-run, state-overseen APS program has grown and changed significantly since the program’s inception and will continue to do so at a rapid pace, given the increasing number of older adults in California. California’s over-65 population is expected to be 87 percent higher in 2030 than in 2012, an increase of more than four million people. The population over 85 years of age will increase at an even faster rate, with 489 percent growth between 2010 and 2060.
(3) The increasing population of older adults often has more complex needs, including persons with cognitive impairments and a growing number of those experiencing homelessness. Research indicates that approximately 50 percent of homeless individuals are over 50 years of age, and one-half of those individuals became homeless after 50 years of age.
(b) It is, therefore, the intent of the Legislature, in order to address the safety and well-being of the growing number of diverse older adults who will need adult protective services, to enhance the program in a number of ways, including enabling the program to provide longer-term case management for those with more complex cases, expanding and making more flexible the Home Safe Program to aid clients facing homelessness, and encouraging the use of collaborative, multidisciplinary best practices across the state, including financial abuse specialist teams and forensic centers. It is further the intent of the Legislature to expand the age of clients served under the program in order to intervene earlier with aging adults before their situations reach a crisis point.

SEC. 2.

 Section 15610.10 of the Welfare and Institutions Code is amended to read:

15610.10.
 “Adult protective services” means those preventive and remedial activities performed on behalf of elders and dependent adults who are unable to protect their own interests, harmed or threatened with harm, caused physical or mental injury due to the action or inaction of another person or their own action as a result of ignorance, illiteracy, incompetence, mental limitation, substance abuse, or poor health, lacking in adequate food, shelter, or clothing, exploited of their income and resources, or deprived of entitlement due them. have come to the attention of the adult protective services agency due to potential abuse or neglect.

SEC. 3.

 Section 15610.23 of the Welfare and Institutions Code is amended to read:

15610.23.
 (a) “Dependent adult” means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years 18 and 59 years of age, inclusive, who resides in this state and who has physical or mental limitations that restrict his or her their ability to carry out normal activities or to protect his or her their rights, including, but not limited to, persons who have physical or developmental disabilities, who have traumatic brain injuries or cognitive impairments, or whose physical or mental abilities have diminished because of age.
(b) “Dependent adult” includes any person between the ages of 18 and 64 years 18 and 59 years of age, inclusive, who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

SEC. 4.

 Section 15610.27 of the Welfare and Institutions Code is amended to read:

15610.27.
 “Elder” means any person residing in this state, 65 60 years of age or older.

SEC. 5.

 Section 15610.55 of the Welfare and Institutions Code is amended to read:

15610.55.
 (a) “Multidisciplinary personnel team” means any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and who are qualified to provide a broad range of services related to abuse of elderly or dependent adults.
(b) A multidisciplinary personnel team may include, but need not be limited to, any of the following:
(1) Psychiatrists, psychologists, or other trained counseling personnel.
(2) Police officers or other law enforcement agents. agents, including district attorneys.

(3)Medical personnel with sufficient training to provide health services.

(3) Health practitioners, as defined in Section 15610.37.
(4) Social workers with experience or training in prevention of abuse of elderly or dependent adults.
(5) Public guardians. guardians, public conservators, or public administrators.
(6) The local long-term care ombudsman.
(7) Child welfare services personnel.
(8) Representatives of a health plan.
(9) Housing representatives.
(10) County counsel.
(11) A person with expertise in finance or accounting.

SEC. 6.

 Section 15610.57 of the Welfare and Institutions Code is amended to read:

15610.57.
 (a) “Neglect” means either of the following:
(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Substantial inability or failure of an elder or dependent adult to manage their own finances.

(5)

(6) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (4), (5), inclusive, for himself or herself themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.
(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (4), inclusive, of subdivision (b), but not if the individual is unable to meet those needs due to serious mental illness or substance use disorder.

SEC. 7.

 Section 15651 is added to the Welfare and Institutions Code, to read:

15651.
 If an elder or dependent adult is suspected or alleged to be a victim of neglect because the elder or dependent adult is homeless and an investigation indicates that the elder or dependent adult is unsheltered or lacks permanent housing because they have a serious mental illness or substance use disorder, the elder or dependent adult shall be referred to the appropriate state or local agency to receive services and supports.

SEC. 8.

 Section 15701.05 of the Welfare and Institutions Code is amended to read:

15701.05.
 “Appropriate temporary residence” means any of the following:
(a) A home or dwelling belonging to a member of the endangered adult’s family or next of kin, if it would not constitute a risk to the endangered or dependent adult.
(b) An adult residential care facility or residential care facility for the elderly designated by the county as an emergency shelter and that is licensed by the State of California to deal with the needs of elder or dependent adults.
(c) A 24-hour health facility, as designated by Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(d) Any other home, dwelling, or congregate care unit that meets the needs of the adult.

(d)

(e) This chapter shall not be used to circumvent or supplant the involuntary detention and evaluation process provided for pursuant to Chapter 2 (commencing with Section 5150) of Part 1 of Division 5. A person shall not be deemed an “endangered adult” for the sole reason that he or she the person voluntarily relies on treatment by spiritual means through prayer alone, in lieu of medical treatment.

(e)

(f) This chapter shall not be used to effectuate placement in jails or correctional treatment centers, as defined in paragraph (1) of subdivision (j) of Section 1250 of the Health and Safety Code.

SEC. 9.

 Section 15753 of the Welfare and Institutions Code is amended to read:

15753.
 The department shall, to the extent funding for this purpose remains with the department, establish one full-time position that reports to the director to assist counties with the following functions in their operation of the adult protective services system:
(a)  Facilitating the review and update of state policies and procedures to promote best casework practices throughout the state, and providing technical assistance to local programs to promote consistent statewide adherence to these policies.
(b)  Developing recommended program goals, performance measures, and outcomes for the adult protective services system, and a strategic plan to accomplish these recommended goals, performance measures, and outcomes.
(c)  Collaborating with other state departments and local communities that provide or oversee elder justice services to address the needs of elders and adults with disabilities and improve coordination and effectiveness of adult protective services.
(d) Exploring the development of a state data collection system that builds on existing statewide data and additionally tracks outcomes that will align with national data collection efforts.
(e) Participating in national, statewide, and regional discussions on adult protective services and elder justice issues and providing information on California’s adult protective services programs.
(f) Participating in the development of federal and state policy that responds to new and emergent needs and develops suggested quality assurance measures to be implemented at the local level.
(g) Facilitating the development of a regionally based, ongoing, comprehensive and consistent statewide adult protective services training program that responds to new and emerging trends.
(h) In collaboration with experts in the field, developing guidelines for local adult protective services programs that will make recommendations for local practice in following areas:
(1) Caseload levels for adult protective services workers.
(2) Availability of tangible services for local programs.
(3) Educational and professional development of adult protective services workers.
(4) Structure for 24 hour adult protective services response.
(i) Addressing the needs of elder and dependent adults who have traumatic brain injuries or cognitive impairments and those who are homeless.

SEC. 10.

 Section 15763 of the Welfare and Institutions Code is amended to read:

15763.
 (a) Each county shall establish an emergency response adult protective services program that shall provide in-person response, 24 hours per day, seven days per week, to reports of abuse of an elder or a dependent adult, for the purpose of providing immediate intake or intervention, or both, to new reports involving immediate life threats and to crises in existing cases. The program shall include policies and procedures to accomplish all of the following:
(1) Provision of case management services that include investigation of the protection issues, assessment of the person’s concerns, needs, strengths, problems, and limitations, stabilization and linking with community services, and development of a service plan to alleviate identified problems utilizing counseling, monitoring, followup, and reassessment.
(2) Provisions for emergency shelter or in-home protection to guarantee a safe place for the elder or dependent adult to stay until the dangers at home can be resolved.
(3) Establishment of multidisciplinary teams to develop interagency treatment strategies, to ensure maximum coordination with existing community resources, to ensure maximum access on behalf of elders and dependent adults, and to avoid duplication of efforts. The multidisciplinary team may include community-based agencies, health plans, and other state- and county-based service providers.
(4) Provisions for homeless prevention and longer term housing assistance and support through the Home Safe Program established in Chapter 14 (commencing with Section 15770), to the extent that funding is provided for this purpose in the annual budget act and the county receives those funds.
(b) (1) A county shall respond immediately to any report of imminent danger to an elder or dependent adult in other than a long-term care facility, as defined in Section 9701 of the Welfare and Institutions Code, or a residential facility, as defined in Section 1502 of the Health and Safety Code. For reports involving persons in a long-term care facility or a residential care facility, the county shall report to the local long-term care ombudsman program. Adult protective services staff shall consult, coordinate, and support efforts of the ombudsman program to protect vulnerable residents. Except as specified in paragraph (2), the county shall respond to all other reports of danger to an elder or dependent adult in other than a long-term care facility or residential care facility within 10 calendar days or as soon as practicably possible.
(2) An immediate or 10-day in-person response is not required when in either of the following circumstances:
(A) When the county, based upon an evaluation of risk, determines and documents that the elder or dependent adult is not in imminent danger and that an immediate or 10-day in-person response is not necessary to protect the health or safety of the elder or dependent adult.
(B) When the county receives a report regarding an elder or dependent adult who is homeless and has a serious mental illness or substance use disorder, in which case the adult shall be referred to the appropriate state or local agency to receive services and supports.
(3) The State Department of Social Services, in consultation with the County Welfare Directors Association, shall develop requirements for implementation of paragraph (2), including, but not limited to, guidelines for determining appropriate application of this section and any applicable documentation requirements.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement the requirements developed pursuant to paragraph (3) by means of all-county letters or similar instructions prior to adopting regulations for that purpose. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) A county shall not be required to report or respond to a report pursuant to subdivision (b) that involves danger to an elder or dependent adult residing in any facility for the incarceration of prisoners that is operated by or under contract to the Federal Bureau of Prisons, the Department of Corrections and Rehabilitation, a county sheriff’s department, a county probation department, a city police department, or any other law enforcement agency when the abuse reportedly has occurred in that facility.
(d) A county shall provide case management services to elders and dependent adults who are determined to be in need of adult protective services for the purpose of bringing about changes in the lives of victims and to provide a safety net to enable victims to protect themselves in the future. Case management services shall include the following, to the extent services are appropriate for the individual:
(1) Investigation of the protection issues, including, but not limited to, social, medical, environmental, physical, emotional, and developmental.
(2) Assessment of the person’s concerns and needs on whom the report has been made and the concerns and needs of other members of the family and household.
(3) Analysis of problems and strengths.
(4) Establishment of a service plan for each person on whom the report has been made to alleviate the identified problems.
(5) Client input and acceptance of proposed service plans.
(6) Counseling for clients and significant others to alleviate the identified problems and to implement the service plan.
(7) Stabilizing and linking with community services. services, including, but not limited to, those provided by health plans, other county-based service providers, and community agencies.
(8) Monitoring and followup.
(9) Reassessments, as appropriate.
(e) (1) To the extent resources are available, each county shall provide emergency shelter in the form of a safe haven or in-home protection for victims. Shelter and care appropriate to the needs of the victim shall be provided for frail and disabled victims who are in need of assistance with activities of daily living.
(2) To the extent a county receives grant funds under the Home Safe Program (Chapter 14 (Commencing with Section 15770)), counties may provide housing assistance and support to elders and dependent adults who are homeless or at risk of becoming homeless.
(f) Each county shall designate an adult protective services agency to establish and maintain multidisciplinary teams including, but not limited to, adult protective services, law enforcement, probation departments, home health care agencies, hospitals, adult protective services staff, the public guardian, private community service agencies, public health agencies, and mental health agencies for the purpose of providing interagency treatment strategies.
(g) Each county shall provide tangible support services, to the extent resources are available, which may include, but not be limited to, emergency food, clothing, repair or replacement of essential appliances, plumbing and electrical repair, blankets, linens, and other household goods, advocacy with utility companies, and emergency response units.

SEC. 11.

 Section 15767 is added to the Welfare and Institutions Code, to read:

15767.
 (a) The department shall, in consultation with representatives from the County Welfare Directors Association, the California Elder Justice Coalition, and other relevant stakeholders, convene a workgroup to develop recommendations to create or establish a statewide adult protective services case management or data warehouse system. The recommendations shall include identification of potential outcome measures and other data elements that can be tracked and made publicly available for purposes of program planning.
(b) (1) The department shall submit recommendations developed pursuant to subdivision (a) to the Legislature by November 1, 2021.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 12.

 Section 15768 is added to the Welfare and Institutions Code, to read:

15768.
 (a) The Legislature finds and declares that in order to address the growing complexity of older and dependent adults receiving services in the Adult Protective Services (APS) Program for incidents of financial abuse and self-neglect, and to improve the quality and coordination of California’s elder abuse and neglect services, it is necessary for counties to bring together professionals from health, social services, justice systems, and other areas of expertise, to develop and utilize cross-disciplinary approaches for the purpose of early identification, intervention, case management, protection from, and prosecution of, perpetrators, service planning, and provision of services.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Financial Abuse Specialist Team” or “FAST” means a team composed of representatives from the county adult protective services agency, and at least three other agencies and entities responsible for investigating and preventing financial abuse of elder and dependent adults, that handles cases involving financial abuse.
(2) “Forensic center” means a cross-disciplinary group of professionals who share their expertise in partnership with county adult protective service programs to collectively review cases, make recommendations, and provide assistance to adult protective service staff on the most complex cases of elder and dependent adult abuse and neglect.
(c) (1) There is hereby established the Adult Protective Services FAST/Forensic Center Grant Program. This program shall be administered by the State Department of Social Services.
(2) (A) Subject to an appropriation of funds for this purpose in the annual Budget Act, the department shall award grants to county adult protective services programs for the purpose of creating, enhancing, and maintaining a FAST or forensic center to serve elder and dependent adults who receive services from adult protective services programs.
(B) The department shall provide grants to counties or counties acting jointly according to criteria and procedures developed by the department, in consultation with the County Welfare Directors Association of California. Criteria shall include, but are not limited to, all of the following:
(i) Minimum and recommended components for county plans and memorandums of understanding or agreements for county agencies and other participating entities that are required to be submitted pursuant to subdivision (e).
(ii) Technical assistance to support counties in submitting data required pursuant to subdivision (f).
(iii) Strategies for establishing or expanding a FAST or forensic center, based on available research and best practices in other jurisdictions.
(3) Grant funds awarded pursuant to this section may be used for any of the following:
(A) Hiring county staff, including, but not limited to, a project director or a project coordinator, and staff to provide case management to support interagency and cross-departmental response.
(B) Infrastructure and administrative activities related to creating and maintaining a cross-disciplinary approach, including, but not limited to, both of the following:
(i) Securing and maintaining a site for a designated meeting space or telecommunication technology to enable remote meetings for participants.
(ii) Data collection and information sharing across agencies, including client-based data and outcome measures.
(C) Developing memorandums of understanding or agreements that describe processes for information sharing, team meetings, case assessment, decisionmaking, service provision, and other activities to be undertaken by the members of the FAST or forensic center.
(D) Providing training to county adult protective services workers to identify and refer adults who are victims of more complex cases, including those that involve financial abuse and self-neglect, to the county’s FAST or forensic center.
(E) Support to adult protective services in training and outreach to community and county-based entities and mandated reporters to identify abuse and neglect.
(F) Retaining expertise and participation from other county or community-based agencies as members of the FAST or forensic center, intermittent consultation, or both.
(4) Participating members of the FAST or forensic center may include members of the county multidisciplinary team, as defined in Section 15610.55, or other professionals identified in the county plan submitted pursuant to subdivision (e). The composition of the FAST or forensic center may include, but is not limited to, individuals with expertise in the following professions or from the following agencies:
(A) Adult protective services.
(B) Law enforcement agencies.
(C) Prosecutorial agencies.
(D) Public guardians, public conservators, or public administrators.
(E) Long-Term Care Ombudsman.
(F) Legal aid organizations.
(G) Victim advocates.
(H) Community mental health services.
(I) Developmental disability services.
(J) Coroner’s offices.
(K) Community care licensing.
(L) Geriatrician or health care providers.
(M) Geropsychologists or neuropsychologists.
(N) Financial and accounting services.
(5) Members of the FAST or forensic center shall provide input regarding services and supports needed for elder and dependent adults who are served by adult protect services, and may assist in linking elder and dependent adults to services that are consistent with the memorandum of agreement or understanding developed pursuant to subdivision (e).
(d) (1) Funds allocated for Adult Protective Services FAST/Forensic Center Grant Program shall not supplant funds for existing programs.
(2) Funds shall be allocated on an annual basis, subject to funding provided in the annual Budget Act.
(3) The department, upon consultation with the County Welfare Directors Association of California, may set aside a portion of funding for use by counties, upon county request, to procure direct services to support a financial abuse investigation or for forensic investigative purposes.
(e) A county or group of counties applying for grant funding from the Adult Protective Services FAST/Forensic Center Program shall submit a plan to the department describing how the county or group of counties intends to utilize the funds. The plans shall include all of the following:
(1) The purpose and composition of the cross-disciplinary team to serve as either a FAST or forensic center.
(2) A copy of the memorandum of understanding or agreement, if one exists, or a process to develop a memorandum of understanding or agreement to formalize collaborative partnerships across participating agencies and members. A county that is updating or creating a new memorandum of understanding or agreement shall submit a plan update upon completion.
(3) A description of how data and information will be shared between participating agencies and professionals.
(f) Counties or groups of counties to receive grant funding under this section shall submit annual reports to the department beginning September 30, 2021, and by September 30 of each calendar year thereafter. The reports shall include all of the following:
(1) Status of local memorandums of understanding or agreement, including any updates made in the course of the prior year.
(2) Demographics of clients served, including, but not limited to, the number of individuals served, the types of abuse or neglect suffered by those individuals, and outcomes of the cases.
(3) In cases of financial abuse, the estimated amount of assets preserved and recovered.
(4) The types of services provided and by which agencies or entities those services were provided.
(5) Innovative strategies relating to collaboration with other agencies and professions involved in the multidisciplinary team.
(6) The identification of further barriers and challenges to preventing elder and dependent adult abuse and serving elder and dependent adults at risk of abuse and neglect.
(g) The department shall award grants under this section no later than March 1, 2021.
(h) Subject to the availability of funding for these purposes, a county or group of counties that does not initially receive grant funding under this section may subsequently apply for grants funds. The department shall consult with the County Welfare Directors Association of California in implementing this subdivision.

SEC. 13.

 Section 15771 of the Welfare and Institutions Code is amended to read:

15771.
 (a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the department shall award grants to counties, tribes, or groups of counties or tribes, that provide services to elder and dependent adults who experience abuse, neglect, and exploitation and otherwise meet the eligibility criteria for adult protective services, for the purpose of providing housing-related supports to eligible individuals.
(b) Notwithstanding subdivision (a), this section does not create an entitlement to housing-related assistance, which is to be provided at the discretion of the grantee as a service to eligible individuals.
(c) (1) It is the intent of the Legislature that housing-related assistance provided pursuant to this chapter utilize evidence-based practices in homeless assistance and prevention, including housing risk screening and assessments, housing first, rapid rehousing, and supportive housing. It is further the intent of the Legislature to allow housing-related assistance to be provided to elders and dependent adults served by county adult protective services programs who are homeless or at risk of homelessness as a bridge to more permanent housing.
(2) Housing-related supports and services available to participating individuals may include, but not be limited to, all of the following:
(A) An assessment of each individual’s housing needs, including a plan to assist the individual in meeting those needs, consistent with the case plan, as developed by the adult protective services agency. To the extent feasible, the plan shall be developed in coordination with a multidisciplinary team that may include housing program providers, mental health providers, local law enforcement, legal assistance providers, and others as deemed relevant by the adult protective services agency.
(B) Navigation or search assistance to recruit landlords and assist individuals in locating affordable or subsidized housing.
(C) Enhanced case management, including motivational interviewing and trauma-informed care, to help the individual recover from elder abuse, neglect, or financial exploitation.
(D) Housing-related financial assistance, including for rental assistance, including, but not limited to, long-term rental subsidies, emergency housing, and access to board and care homes, security deposit assistance, utility payments, moving cost assistance, and interim housing assistance while housing navigators are actively seeking permanent housing options for the individual.
(E) Housing stabilization services, including ongoing landlord engagement, case management, public systems assistance, legal services, tenant education, eviction protection, credit repair assistance, life skills training, heavy cleaning, and conflict mediation with landlords, neighbors, and families.
(F) Services to support housing transitions, including, but not limited to, transportation assistance, assistance securing personal care attendants, and linking service recipients to other services and supports.

(F)

(G) If the individual requires supportive housing, referral to the local homeless continuum of care for long-term services promoting housing stability.

(G)

(H) Mental health assistance, as necessary or appropriate.
(d) The department shall provide grants to counties and tribes according to criteria and procedures developed by the department, in consultation with the County Welfare Directors Association of California, tribes, the California Elder Justice Coalition, and the California Commission on Aging. These criteria shall include, but are not limited to, all of the following:
(1) Eligible sources of funds and in-kind contributions to match the grant, as described in paragraph (1) of subdivision (e).
(2) The proportion of funding to be expended on reasonable and appropriate administrative activities, in order to minimize overhead and maximize services.
(3) Tracking and reporting procedures for the program, which shall be conducted as a condition of receiving funds, including, but not limited to, collecting disaggregated data on all of the following:
(A) The number of people determined eligible for the program.
(B) The number of people receiving assistance from the program and the duration of that assistance.
(C) The types of housing assistance received by recipients.
(D) The housing status six months and one year after receiving assistance from the program.
(E) The number of substantiated adult protective services reports six months and one year after receiving assistance from the program.
(e) Grants shall be subject to all of the following requirements:
(1) (A) Grantees shall match the funding on a dollar-for-dollar basis, which may be met by cash or in-kind contributions.
(B)  On and after the effective date of the act that added this subparagraph, grantees shall not be required to match any funding provided that is above the base level of funding provided in the Budget Act of 2019.
(2) Grantees shall demonstrate the extent to which they will attempt to leverage county mental health services funds for participating individuals, and any barriers to leveraging these funds.
(3) Grantees shall agree to actively cooperate with tracking, reporting, and evaluation efforts.
(4) Grantees shall coordinate with the local homeless continuum of care network.
(f) Funding pursuant to this section shall supplement, and not supplant, the level of county or tribal funding spent on these purposes in the 2017–18 fiscal year.
(g) Grantees applying for additional grant money shall only be required to provide a description of how the additional funding will be utilized, as required by the department.
(h) Subject to availability of funding for these purposes, a county that did not initially receive grant funding under this section may apply for grant funds. The department shall consult with the County Welfare Directors Association of California in implementing this subdivision.

(g)

(i) Utilizing the funds appropriated for purposes of this chapter, the department shall, in consultation with the County Welfare Directors Association of California, tribes, the California Elder Justice Coalition, and the California Commission on Aging, enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program, which may include, but are not limited to, the following:
(1) The likelihood of future homelessness and housing instability among recipients.
(2) The likelihood of future instances of abuse and neglect among recipients.
(3) Program costs and benefits.

(h)

(j) 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 department may implement, interpret, or make specific this chapter through all-county letters without taking regulatory action.

SEC. 14.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.