AB 325: Human services: noncitizen victims.

Under existing law, noncitizen victims of trafficking, domestic violence, and other serious crimes, as defined, are eligible for certain public social services and health care services to the same extent as individuals who are admitted to the United States as refugees. Existing law requires that those services discontinue if there is a final administrative denial of a visa application, as specified. Existing law requires that benefits and services under those provisions be paid from state funds to the extent federal funding is unavailable.

This bill would prohibit the discontinuance of those services due to the denial of a visa application if the individual is eligible for those services on another basis. The bill would also expand those services to noncitizen victims of parental maltreatment, noncitizen children who have been abused, neglected, or abandoned, and noncitizens who fear persecution. The bill would add to the categories of eligible noncitizen victims for the services individuals who have filed a formal application or petition with the appropriate federal agency for status or relief under the federal Violence Against Women Act, for special immigrant juvenile status, for asylum status, or for parole as family members of victims of severe trafficking, as specified. The bill would also make nonsubstantive conforming changes. By increasing duties for counties to administer and determine eligibility for public social services and health care services, the bill would create a state-mandated local program.

The bill would require the Director of Social Services to adopt regulations, which may be emergency regulations, to implement these provisions no later than July 1, 2024. The bill would authorize the State Department of Social Services to implement and administer these provisions through an all-county letter or similar instructions from the director until regulations are adopted.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.