CHAPTER 5.5. Administration of Refugee Social Services and Refugee Cash Assistance [13275 - 13286]
( Heading of Chapter 5.5 amended by Stats. 2019, Ch. 27, Sec. 81. )
For the purposes of this chapter, the following terms have the following meanings:
(a) “Eligible county” means a county or city and county designated as impacted using a formula developed by the department based upon the refugee arrivals in the county during the preceding 60-month period for which the department has data.
(b) “Qualified nonprofit organization” means a nonprofit organization that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code and that satisfies any additional eligibility criteria established by the department.
(c) “Refugee social services” include, but are not limited to, English language
and employment training, as funded through federal appropriations.
(d) “Service provider” means a qualified nonprofit organization or private for-profit organization selected by the department to administer refugee services.
(Amended by Stats. 2023, Ch. 43, Sec. 60. (AB 120) Effective July 10, 2023.)
(a) (1) After setting aside the necessary state administrative funds, the department shall allocate appropriated federal funds for refugee social services programs to each eligible county and, if the department exercises its discretion pursuant to subdivision (b), to a service provider, based on the number of refugees receiving aid in the eligible county or the number of refugees that reside in the eligible county. The department may, at its discretion, utilize funding adjustments based on the length of time that the refugees have resided in the United States.
(2) If an eligible county or service provider that receives funds under paragraph (1) declines all or part of those funds, or returns unexpended funds, the department may exercise its discretion to reallocate the declined or returned funds among eligible counties and service providers.
(3) If the federal Office of Refugee Resettlement provides funding in addition to the annual appropriation described in paragraph (1) or designates funding for services to a specific population of eligible individuals, the department may exercise its discretion to allocate those funds among eligible counties and service providers consistent with federal law.
(b) (1) Notwithstanding any other law, and to the extent permitted by federal law, the department may, at its discretion, contract with, or award grants to, service providers for the purpose of administering refugee social services programs within a county. An eligible county providing refugee social services pursuant to this chapter may continue to administer those services while a contractor or grantee is also providing refugee social services pursuant to this chapter within the county. The department shall prioritize funding qualified nonprofit organizations and counties over for-profit organizations, when practicable.
(2) If an eligible county and a service provider are administering refugee social services simultaneously within the same county, the department shall, at its discretion, determine the amount of the funds to be distributed to the eligible county and service provider.
(3) Contracts or grants awarded pursuant to this subdivision shall require reporting, monitoring, or audits of services provided, as determined by the department.
(c) The department shall track and document the funding provided to each type of service provider and the purposes for use of this funding, and report this information to the appropriate fiscal and policy staff of the Legislature on a semiannual basis.
(Amended by Stats. 2023, Ch. 43, Sec. 61. (AB 120) Effective July 10, 2023.)
(a) The department shall notify each eligible county’s board of supervisors of the availability of funds described in subdivision (a) of Section 13276.
(b) (1) A county administering refugee social services shall designate an agency that is responsible for developing and implementing a plan for the provision of services funded by refugee social services funds.
(2) Until October 1, 1990, paragraph (1) does not apply to any county on whose behalf the department is administering the refugee employment social services funds.
(c) (1) The plan developed
pursuant to subdivision (b) shall be in accordance with Sections 13278 and 13279.
(2) The plan developed pursuant to subdivision (b) shall reflect the full intent of this chapter that the funding for, and provision of, refugee social services shall lead to successful self-sufficiency and social integration for all refugee recipients of refugee social services, in accordance with guidelines issued by the department.
(3) Any plan developed pursuant to subdivision (b) shall, at a minimum, meet all of the following requirements:
(A) Each eligible county’s board of supervisors shall ensure that the county planning process is designed in such a way as to facilitate refugee participation and public input in that process.
(B) The plan shall include a
description of how available funds will be used to provide services to refugees.
(C) The plan shall specifically address how services will be delivered to refugees receiving aid in each county.
(D) The plan shall provide for the priority consideration for funding refugee community-based organizations if they demonstrate the capacity to implement the proposed programs, which capacity shall be comparable to that of other competitors who qualify for funding.
(d) Any plan described in Section 11321.6 that is developed by any county that elects to utilize these funds to pay for any service provided to, or any activity performed on behalf of, any refugee participating in the program authorized by Article 3.2 (commencing with Section 11320) of Chapter 2 shall meet the requirements of Section 13280.
(e) (1) Prior to October 1, 1990, the department shall discontinue administering refugee employment social services funds for a county pursuant to the request of the county.
(2) Commencing October 1, 1990, the department shall discontinue administering refugee employment social services funds on behalf of the county.
(Amended by Stats. 2019, Ch. 27, Sec. 86. (SB 80) Effective June 27, 2019.)
Commencing October 1, 1990, a county shall, to the extent permitted by federal law, utilize funds as described in Section 13276 to pay for the costs of any services provided to, or activity performed on behalf of, any refugee participating in the program authorized under Article 3.2 (commencing with Section 11320) of Chapter 2 if that cost is allowed under a plan described in Section 11321.6 and federal requirements for refugee social services programs. The plan shall be developed with significant participation by, and input from, refugee community organizations, voluntary agencies, and other local public and private entities involved in the refugee resettlement process.
(Amended by Stats. 2019, Ch. 27, Sec. 87. (SB 80) Effective June 27, 2019.)
Refugee social services programs shall be available to recipients of refugee cash assistance and refugees receiving county general assistance in eligible counties. If the county does not provide these services under the program authorized under Article 3.2 (commencing with Section 11320) of Chapter 2, a portion of the funds allocated to the county in accordance with Section 13276 may be used to provide services to recipients of refugee cash assistance and refugee recipients of general assistance based on federal requirements and service needs, as outlined in the county plan developed pursuant to subdivision (b) of Section 13277.
(Amended by Stats. 2020, Ch. 370, Sec. 282. (SB 1371) Effective January 1, 2021.)
(a) (1) In counties receiving federal refugee social services funding, the county welfare department shall include in its CalWORKs plan a section that specifically addresses the provision of services for refugee applicants for, and recipients of, aid pursuant to Chapter 2 (commencing with Section 11200) and the orderly transition of those applicants and recipients into the CalWORKs program.
(2) County staff responsible for the administration of CalWORKs shall work in conjunction with county staff responsible for the administration of refugee programs, as well as with representatives of local mutual assistance associations, voluntary agencies, and other organizations involved in refugee resettlement, to ensure that the section of the CalWORKs
plan specified in paragraph (1) reflects the needs of the refugee applicants for, and recipients of, aid under the Temporary Assistance for Needy Families (TANF) program, the services are delivered in accordance with the section of the county’s CalWORKs plan specified in paragraph (1), and that this transition occurs as quickly as possible within resources available to the CalWORKs program.
(b) The department shall annually reevaluate that section of the county’s CalWORKs plan which is developed pursuant to paragraph (1) of subdivision (a). This reevaluation shall be made in conjunction with the county’s development of its annual overall CalWORKs plan update and will be subject to approval of the department.
(c) (1) A county may maintain within the CalWORKs program a supplemental services component for refugees who would otherwise be temporarily excepted from
the full range of CalWORKs services. These services shall complement regular services provided through Article 3.2 (commencing with Section 11320) of Chapter 2, to prepare the refugee for self-sufficiency or eventual transition into the CalWORKs program and shall be funded through federal refugee social services funds. County boards of supervisors may determine how the services are administered, subject to federal funding requirements.
(2) Any county that elects to implement the supplemental services component authorized by this subdivision shall fully describe the component in the section of its CalWORKs plan required by paragraph (1) of subdivision (a). The description shall specify the types of services planned to meet the special needs of refugees. Those services shall be in accordance with the department’s guidelines.
(3) The CalWORKs refugee supplemental services authorized
by this subdivision for refugee TANF applicants and recipients, to the extent permitted by federal law, shall meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) and shall be subject to the approval of the department.
(4) Refugee TANF applicants and recipients who are referred for participation in the supplemental services component authorized by this subdivision shall participate in the component services as a condition of eligibility under Chapter 2 (commencing with Section 11200) and shall be subject to the sanctions specified by Section 11327.5 if the services meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), and are determined by the county to prepare a refugee for self-sufficiency.
(5) Refugee TANF recipients already
participating in a CalWORKs component provided through Article 3.2 (commencing with Section 11320) of Chapter 2 shall not be removed from that component for the purpose of participating in the supplemental services component authorized by paragraph (1).
(d) Any county that elects to implement the supplemental services component authorized by paragraph (1) of subdivision (c) shall provide the supportive services described in subdivision (e) of Section 11323.2. These supportive services shall be funded with refugee social services funds. CalWORKs supportive services funds shall not be used to fund those supportive services.
(e) This section shall be implemented only in counties where federal refugee social services funds are available to the county.
(Amended by Stats. 2020, Ch. 370, Sec. 283. (SB 1371) Effective January 1, 2021.)
The requirements established by this chapter shall be applicable only so long as federal funds are available for its purposes.
(Amended by Stats. 2019, Ch. 27, Sec. 91. (SB 80) Effective June 27, 2019.)
Notwithstanding any other law, the department shall ensure that noncitizen victims of trafficking, domestic violence, and other serious crimes, as defined in subdivision (b) of Section 18945, have access to refugee cash assistance, and refugee social services set forth in this chapter, to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. These individuals shall be subject to the same work requirements and exemptions as other participants, provided that compliance with these requirements is authorized by law. An exemption from these requirements shall be available if physical or psychological trauma related to or arising from the victimization impedes their ability to comply. Assistance and services under this section shall
be paid from state funds to the extent federal funding is unavailable.
(Amended by Stats. 2019, Ch. 27, Sec. 92. (SB 80) Effective June 27, 2019.)
(a) Notwithstanding any other law, and to the extent permitted by federal law, the department may, in its discretion, contract with, or issue grants to, service providers for the purpose of administering federally funded refugee cash assistance within a county. An eligible county providing refugee cash assistance pursuant to this section may continue to administer the refugee cash assistance while a contractor or grantee is also providing refugee cash assistance pursuant to this section within the county.
(b) The department shall require that service providers awarded contracts or grants pursuant to this section report, monitor, or audit the services provided, as determined by the department.
(Amended by Stats. 2023, Ch. 43, Sec. 63. (AB 120) Effective July 10, 2023.)
(a) Notwithstanding any other law, contracts or grants awarded by the department to a qualified service provider pursuant to this chapter shall be exempt from both of the following:
(1) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2) The Public Contract Code and the State Contracting Manual.
(b) Notwithstanding any other law, contracts or grants awarded by the department to a service provider pursuant to this chapter shall not be subject to the approval of the Department of General Services.
(Amended by Stats. 2023, Ch. 43, Sec. 64. (AB 120) Effective July 10, 2023.)
A refugee shall not be denied resettlement anywhere in California based on any criterion, method of administration, or practice that has the purpose or effect of discriminating on the basis of race, religion, ethnicity, sexual orientation, or any other characteristic identified in Section 11135 of the Government Code.
(Added by Stats. 2020, Ch. 189, Sec. 2. (AB 3133) Effective January 1, 2021.)