Code Section Group

Welfare and Institutions Code - WIC

DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98]

  ( Division 9 added by Stats. 1965, Ch. 1784. )

PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771]

  ( Part 3 added by Stats. 1965, Ch. 1784. )

CHAPTER 5.9. Enhanced Services for Asylees and Vulnerable Noncitizens [13650 - 13654]
  ( Chapter 5.9 added by Stats. 2021, Ch. 85, Sec. 60. )

13650.
  

(a) The Legislature finds and declares all of the following:

(1) Vulnerable noncitizens, asylees, and refugees are important to the fabric of our society.

(2) Regardless of their legal distinctions, noncitizens face many of the same challenges integrating into the state and are often living in the same communities.

(3) Refugees, asylees, and other noncitizens are granted different services due to the legal distinction of when they were identified, with refugees often being identified in the country of origin and asylees in the country of arrival.

(4) Between 2017 and 2019, the number of applicants granted asylum increased from 26,199 applicants to 46,508 applicants, representing a 56-percent increase. In 2019 alone, California was the settlement state for 34 percent of all new asylees, which was the highest rate of all states.

(5) Research indicates that while individuals granted asylum in this state are given eligibility to a wide range of benefits, most asylees do not get these benefits due to the lack of case management services and assistance in navigating the social safety net and health care systems.

(6) The state-funded Trafficking and Crime Victim Assistance Program (TCVAP) provides critical benefits and services to noncitizen victims of human trafficking, domestic violence, and other serious crimes. TCVAP benefits and services mirror those that are available to refugees after initial resettlement. These vulnerable noncitizens would benefit from initial case management services.

(7) Studies show that with proper case management support, noncitizens are better able to secure the benefits for which they are eligible, and find employment and bring immense contributions to the economy.

(b) The Enhanced Services for Asylees and Vulnerable Noncitizens (ESAVN) is hereby established to provide resettlement services for persons who are currently residing in California and who are granted asylum by the United States Attorney General or the United States Secretary of Homeland Security pursuant to Section 1158 of Title 8 of the United States Code or who are eligible for assistance and services under Section 13283.

(c) For purposes of this chapter, a “vulnerable noncitizen” is defined as any individual who would be eligible for services under Section 13283.

(d) Grants or contracts awarded pursuant to this section shall be executed only with nonprofit organizations that meet the requirements set forth in paragraph (3) or (5) of subsection (c) of Section 501 of the Internal Revenue Code and have at least three years of experience with both of the following:

(1) Providing case management services, as defined in subdivision (b) of Section 13651.

(2) Providing culturally and linguistically appropriate services.

(e) The department shall require qualified nonprofit organizations awarded contracts or grants pursuant to this section to report, monitor, or audit the services provided, as determined by the department.

(f) Funds allocated for these services may also be used to conduct a formal evaluation of the services provided by a qualified entity, as determined by the department.

(Added by Stats. 2021, Ch. 85, Sec. 60. (AB 135) Effective July 16, 2021.)

13651.
  

(a) The program shall provide culturally appropriate and responsive case management services for asylees and vulnerable noncitizens for up to 90 days within the first year following the grant of asylum or after having been deemed eligible for services under Section 13283.

(b) Case management services under the program shall include assistance in identifying and applying for all benefits to which the person is legally entitled, including cultural orientation and integration programs, support in accessing and navigating the public benefits and health care systems, community connection and relationship building, English language instruction, and employment training, job placement assistance, and professional recredentialing and licensing application assistance.

(c) The department shall, in collaboration with service providers, determine outcome metrics to define program success.

(Added by Stats. 2021, Ch. 85, Sec. 60. (AB 135) Effective July 16, 2021.)

13652.
  

Notwithstanding any other law:

(a) Contracts or grants awarded pursuant to this chapter shall be exempt from 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.

(b) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.

(c) The client information and records of legal services provided pursuant to this chapter shall be subject to the requirements of Section 10850 and shall be exempt from inspection under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(d) The state shall be immune from any liability resulting from the implementation of this chapter.

(e) 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 without taking regulatory action.

(Added by Stats. 2021, Ch. 85, Sec. 60. (AB 135) Effective July 16, 2021.)

13653.
  

The Legislature finds and declares that this chapter is a state law that may provide assistance and services for undocumented persons within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(Added by Stats. 2021, Ch. 85, Sec. 60. (AB 135) Effective July 16, 2021.)

13654.
  

This chapter shall be implemented only to the extent that funds are appropriated for this purpose in the annual Budget Act.

(Added by Stats. 2021, Ch. 85, Sec. 60. (AB 135) Effective July 16, 2021.)

WICWelfare and Institutions Code - WIC