Existing law requires the California Department of Aging to establish a task force of certain members to study and make recommendations to the Legislature on the improvement of legal services delivery to senior citizens in California by exploring specified matters, including ways to ensure uniformity in the provision of legal services throughout the state and the possible establishment of a statewide legal hotline for seniors. Existing law requires the task force to report and make its recommendations to the Legislature on or before September 1, 2002.

This bill would require the department to establish a similar task force or to utilize an existing subcommittee, working group, task force, or committee to assess the implementation of the recommendations made pursuant to the above-mentioned provisions, make additional recommendations by exploring the same matters explored by the initial task force, and to report the assessment and make its recommendations to the Legislature on or before September 1, 2026. 2026, either in a separate report or as part of an existing report. If the department creates a task force, the bill would require the director of the department to service on or appoint a representative, and would require the task force to include a broad array or state agencies and stakeholder organizations with resources and expertise related to elder justice initiative and legal services for older adults.

Existing law requires the California Department of Aging to establish a task force of certain members to study and make recommendations to the Legislature on the improvement of legal services delivery to senior citizens in California by exploring specified matters, including ways to ensure uniformity in the provision of legal services throughout the state and the possible establishment of a statewide legal hotline for seniors. Existing law requires the task force to report and make its recommendations to the Legislature on or before September 1, 2002.

This bill would require the department to establish a similar task force to assess the implementation of the recommendations made pursuant to the above-mentioned provisions, make additional recommendations by exploring the same matters explored by the initial task force, and to report the assessment and make its recommendations to the Legislature on or before September 1, 2026.

Date of Hearing: May 1, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1989

Author:(Mathis) – As Amended Ver:April 10, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Department of Aging (CDA) to establish a taskforce, or utilize a similar existing taskforce, to develop recommendations regarding the provision of senior legal services and to submit a report to the Legislature by September 1, 2026.

Specifically, this bill:

1. Requires CDA to establish a taskforce, or utilize a similar existing sub-committee, working group, taskforce or committee, to:
2. Assess the implementation of recommendations put forth in a 2002 report to the Legislature by a prior taskforce regarding the improvement of legal services delivery to older Californians.
3. Make additional recommendations, based on the parameters of the prior report, as specified.
4. Requires the taskforce, by September 1, 2026, to provide a report to the Legislature with its findings and recommendations in either a separate report or as part of an existing report.
5. Requires the Director of CDA, if CDA creates a new task force, to serve on or appoint a representative to the task force. Requires the task force to include a broad array of state agencies and stakeholder organizations with resources and expertise related to elder justice initiatives and legal services for older adults to serve on or appoint to the taskforce.

FISCAL EFFECT:

CDA estimates one-time General Fund costs of $712,000 to $812,000 in fiscal year 2025-26. These costs include one limited-term staff position to provide subject matter expertise on legal services for older adults and, separately, consultant services to develop the required report. These costs assume a new task force. CDA indicates there is not a suitable alternative group that could be assigned the work described in this bill.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. According to the author:

It is the responsibility of the California state legislature to provide the most efficient care to its senior citizens, and [this bill] will ensure that those within the elderly community are provided with information and resources on the legal services available to them.

1. Background. Existing law requires CDA to establish a task force to study and to make recommendations to the Legislature, by September 1, 2002, on the improvement of legal services delivery to senior citizens. The task force is required to explore certain matters, including (a) actions to ensure sufficient funding to local legal assistance providers, (b) ways to ensure uniformity in service provision throughout the state, (c) establishing a statewide reporting system to assess the effectiveness of legal assistance programs, (d) establishing a statewide legal assistance hotline, and (e) other states’ legal services delivery networks. The CDA director must serve on the task force and appoint additional members, as specified.

This bill requires CDA to revisit the recommendations in the 2002 report, assess the status of their implementation, and provide additional recommendations accordingly. CDA indicates part of the consultant’s work under this bill would include to determine whether the 2002 report still exists and to determine its current applicability, recognizing the report is more than 20 years old and likely antiquated.

California’s senior population is growing faster than any other age group. By 2030, over 25% of the population in California will be 60 and older. In January of 2021, the Governor released his Master Plan for Aging (MPA), which prioritizes the health and well-being of older Californians and the need for policies that promote healthy aging. A recent report from Justice in Aging states, “Legal services can provide life-sustaining help for poor seniors, however, too many older adults do not receive the legal help they need.” In this regard, this bill advances the goals of the MPA regarding the needs of older Californians.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 16, 2024

ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE

Jasmeet Bains, Chair

ABPCA Bill Id:AB 1989 (

Author:Mathis) – As Amended Ver:April 10, 2024

SUBJECT: Senior legal services

SUMMARY: Requires the California Department of Aging (CDA) to establish a taskforce or utilize a similar existing sub-committee, working group, taskforce or committee relating to senior legal services. Specifically, this bill:

1. Reconsiders and makes additional recommendations to WIC § 9320 (a) CDA shall establish a task force to study and make recommendations, including action steps and timelines, on the improvement of legal services delivery to senior citizens in California by exploring the following matters:
   1. Actions to ensure that all area agencies on aging allocate sufficient funding to local legal assistance providers. Actions may include, but not be limited to, the establishment of a minimum percentage of area agency on aging funding for legal assistance providers in California.
   2. Ways to ensure uniformity in the provision of legal services throughout the state, including, but not limited to, possible development of uniform statewide standards for the delivery of legal services in California.
   3. Measures to evaluate and monitor local legal assistance programs to ensure compliance with the federal Older Americans Act (OAA) and its implementing regulations.
   4. Establishment of statewide reporting system to assess the effectiveness of a legal assistance program for seniors in the state.
   5. The possible establishment of a statewide legal hotline for seniors.
   6. Opportunities to enhance communications among the various service providers and to ensure efficient service delivery involving local programs and a statewide hotline, should it come into existence.
   7. Opportunities for joint training for senior legal services advocates around the state.
   8. Other states’ legal services delivery networks.
2. Reports the assessment and makes recommendations to the legislature in a separate report or as part of an existing report on or before September 1, 2026.
3. The Director of CDA shall serve on or appoint a representative to the task force and shall work with a broad array of state agencies and stakeholder organizations with resources and expertise related to elder justice initiatives and legal services for older adults to serve on or appoint to the taskforce.

EXISTING LAW:

1. Establishes the (OAA, which promotes the well-being of Americans 60 years old and above through services and programs designed to meet their needs. (42 United States Code (USC.) § 3001, et seq.)
2. Establishes the Mello-Granlund Older Californians Act (Act), which establishes CDA, and sets forth its duties and powers, including, among other things, entering into a contract for the development of information and materials to educate Californians on the concept of “aging in place.” (WIC § 9100 et seq.)
3. Under the Act, requires CDA to designate various private nonprofit or public agencies as AAAs to work within a planning and service area and provide a broad array of social and nutritional services.
4. Establishes within CDA a task force to study and make recommendations, including action steps and timelines, on the improvement of legal services delivery to senior citizens in. (WIC § 9320)

FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

Author’s Statement: “It is the responsibility of the California state legislature to provide the most efficient care to its senior citizens, and AB 2662 will ensure that those within the elderly community are provided with information and resources on the legal services available to them.”

BACKGROUND

California’s aging population is growing faster than any other age group. By 2030, over 25 percent of the population in California will be 60 and older.^[1] The population in the state is becoming more racially and ethnically diverse.

California is projected to be one of the fastest growing states in the nation in total population. In 2016, California comprised 12 percent of the nation's population^[2] and is expected to grow 30 percent by the year 2060 (an increase of 11.7 million people.^[3] In California, the population aged 60 years and over is expected to grow more than three times as fast as the total population and this growth will vary by region.

Author Alan S. Gutterman writes “Access to justice is a core element of the rule of law. It is also essential that States ensure that those working in the justice system are provided with awareness-raising and training programs addressing the needs of older persons and establish effective and robust monitoring mechanisms of the actions taken to promote access to justice for older persons.^[4]

A recent report from Justice in Aging states “Legal services can provide life-sustaining help for
poor seniors, however, too many older adults do not receive the legal help they need.” They continue with the recommendations about legal service delivery and diversity, “Legal services organizations need to think carefully about how to structure delivery of legal services for seniors to maximize their impact. To serve older adults most effectively, the legal services system in a state needs to provide a mix of brief services and extended representation. In addition to thinking about legal services delivery, civil legal aid programs must consider the diverse
populations in need of services. From 1999 to 2030, the older minority population is expected to increase by over 200%, more than 2.5 times the rate of the older white population. Recent estimates show that at the same time, the 1.5 million lesbian, gay, bisexual, and transgender (LGBT) older adults will double by 2030. Legal aid providers must consider these diverse populations when designing and delivering legal services. Whether or not these populations are currently knocking at your door, developing creative outreach strategies will ensure that your program is not inadvertently leaving out diverse elders with great need.”^[5]

Master Plan for Aging: In January of 2021, the Governor released his Master Plan for Aging (MPA). The MPA prioritizes the health and well-being of older Californians and the need for policies that promote healthy aging. The MPA serves as a blueprint for state government, local government, the private sector, and philanthropy to prepare the state for the coming demographic changes and continue California’s leadership in aging, disability, and equity.

After work began on the MPA, the COVID-19 pandemic reached California. The virus disproportionately harmed older and other at-risk adults, and it strained aging and disability services that were perpetually underfunded. Worldwide, older adults have experienced unprecedented death rates. California’s diverse population saw disproportionate numbers, particularly among Latino, Black and Asian Pacific Islander communities and those living in nursing homes. The pandemic intensified social isolation.

The work plan laid out in the MPA three years after its release continues to highlight the urgent needs facing California’s older adults, people with disabilities, their families, caregivers, advocates and the workforce supporting these populations.

In 2024-25, the MPA outlines five bold goals and currently seeks to advance 95 initiatives to build a California for All Ages by 2030. Each initiative features a designated area of focus; to deliver, to analyze and to communicate. It also includes a Data Dashboard on Aging to measure progress. AB 1989 and increased legal services and elder justice can be linked to all of the five bold goals:

• Goal One: Housing for All Ages and Stages
• Goal Two: Health Reimagined
• Goal Three: Inclusion and Equity, Not Isolation
• Goal Four: Caregiving That Works
• Goal Five: Affording Aging

Legislative History: AB 830, Chaptered of 2001, requires CDA to establish a taskforce to study and make recommendations to the legislature relating to legal services for seniors.

Argument in Support: The Retired Public Employees Association writes in support, “It is important for the Department of Aging for senior citizens to identify legal problems and legal service needs of older individuals and adults with disabilities within their communities.”

Argument in Opposition: None.

REGISTERED SUPPORT / OPPOSITION:

Support

Retired Public Employees Association

Opposition

None.

Analysis Prepared by: Elizabeth Fuller / AGING & L.T.C. / (916) 319-3990

1. Projections | Department of Finance (ca.gov) ↑

2. https://factfinder.census.gov ↑

3. http://www.dof.ca.gov/Forecasting/Demographics/Projections ↑

4. Gutterman, Alan, Older Persons' Access to Justice (February 22, 2022). A. Gutterman, Older Persons' Access to Justice (Oakland CA: Older Persons' Rights Project, 2022) ↑

5. https://www.justiceinaging.org/wp-content/uploads/2016/06/MIE-Addressing-Senior-Poverty.pdf ↑