Senate Standing Committee on Human Services
- Marie Alvarado-Gil
Legislator
All right. The Senate Human Services Committee will now come to order. Good afternoon. We are holding our Committee hearing here in the O Street building, and I ask that all Members of our Committee come present, come be presented in the room 2200 so that we can establish our quorum and begin our hearing.
- Marie Alvarado-Gil
Legislator
We have 27 bills on today's agenda, and nine of those are on proposed consent. I know our authors and Committee Members would like to get out of here by dinner time, so we will get started. We will start as a Subcommitee right now, absent of a quorum.
- Marie Alvarado-Gil
Legislator
I have the Vice Chair and myself here, so you are in great company. I do see one of our authors here, Assemblymember Rivas. Thank you for being here. So we'll hear item number two, Assembly Bill 799, as a Subcommitee. Have you come up to the podium, and if you have any witnesses with you today, we'll invite them here to the conference table. And begin when you're ready.
- Luz Rivas
Person
Okay. Thank you, Madam Chair. I want to start by thanking Heather for her thoughtful and thorough analysis of this Bill.
- Luz Rivas
Person
AB 799, the Homelessness Accountability and Results act, requires state agencies and departments administering homelessness programs to provide the California Interagency Council on Homelessness, or Cal ICH, with fiscal and outcome data from grantees and the individuals and families they serve, which will be made publicly available.
- Luz Rivas
Person
This Bill also requires the creation and maintenance of a strategic funding guide, a one stop shop for local grantees to navigate new and existing funding opportunities to make sure all potential funding sources are effectively utilized to combat homelessness.
- Luz Rivas
Person
Finally, AB 799 adds the governor's tribal advisor to the Interagency Council to ensure the unique perspectives of our tribal communities are considered in homeless initiatives. As we all know, homelessness is an increasingly growing problem in our state. In 2023, the number of people experiencing homelessness in California rose to nearly 185,000.
- Luz Rivas
Person
To address this ongoing crisis, nine state agencies collectively spent billions of dollars in state funding over the past five years administering at least 30 programs to prevent and end homelessness. Cal ICH is responsible for the coordination, development, and evaluation of the efforts of these nine agencies.
- Luz Rivas
Person
However, the 2024 State Auditor's report on homelessness found that the state lacks current information on the ongoing costs and outcomes of its homelessness programs because Cal ICH has not consistently tracked and evaluated the state's efforts to prevent and end homelessness.
- Luz Rivas
Person
This audit recommended that the Legislature require Cal ICH to mandate reporting by state agencies of costs and outcomes of state homelessness programs, develop specifics of data collection, and compile and report this cost and outcome information to the public.
- Luz Rivas
Person
AB 799 was developed in response to these findings to enhance accountability standards, ensure our state dollars are used efficiently and effectively, and that our local agencies maximize their impact in their communities today. To provide testimony and support, I have Louis Brown with the corporation for supportive housing.
- Louis Brown Jr.
Person
Thank you. Good afternoon, Madam Chair and Members of the Committee. As Assembly Member, Rev. Has stated. My name is Louis Brown Junior. I'm with the Corporation for Supportive Housing. We're a national nonprofit and CDFI working to advance solutions to homelessness in California and across the country.
- Louis Brown Jr.
Person
I'm pleased to be here with you today to voice our support for AB 799, the Homelessness Accountability and Results Act. AB 799 includes three critical components that we believe will strengthen the state's efforts to fine tune its homelessness programs and address homelessness in communities across California.
- Louis Brown Jr.
Person
First, AB 799 adds a tribal representative to the California Interagency Council on Homelessness. Indigenous people, as you know, are five times more likely to be homeless than the General California population. As tribal Members have stated before, tribal governments face unique challenges in preventing and solving homelessness.
- Louis Brown Jr.
Person
As Members face worsening housing conditions, higher rates of homelessness risk, and less access to shelters and homeless services than people living in other jurisdictions. AB 799 will help to advance equity by ensuring that the tribal voice and the particular challenges of tribal communities are represented in the council.
- Louis Brown Jr.
Person
Second, the Bill will foster collaboration with local governments in the state by making it easier for local governments to identify new and existing state programs and by promoting the strategic use and leveraging of these funds. Finally, without creating additional barriers to. Sorry.
- Louis Brown Jr.
Person
Additional burdens to front line staff, for Cal ICH, AB 799 will provide greater transparency and how grantees use funds by requiring that the council annually publish how state taxpayer dollars are being used and the outcomes that those expenditures are achieving. For the reason stated. On behalf of corporation for supportive housing, I'd like to respectfully request your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you, Mister Brown. Before we move forward, we want to establish a quorum assistant. Please call the roll.
- Committee Secretary
Person
[Roll Call]
- Marie Alvarado-Gil
Legislator
Excellent. So we do have a quorum and we will proceed. Thank you so much. Do we have any Members of the public that would like to express their support? Please come forward to the microphone. State your name and your affiliation only, please, and your position. Sorry.
- Rachel Bhagwat
Person
Hi there. Rachel Bhagwat, ACLU California Action in support. Thank you.
- Grace Koplin
Person
Hello. Grace Koplan on behalf of Housing California in support.
- Marie Alvarado-Gil
Legislator
Thank you. Okay. All right. Any lead witnesses in opposition to this Bill please come forward. Any Members of the public wishing to express their opposition? Okay. Seeing none, we'll bring the. Bring the conversation back to Committee. Questions? Comments? Okay, we have a motion for Senator Menjivar.
- Marie Alvarado-Gil
Legislator
Senator Rivas, I wanted to check in with you about the status of your Bill. So this one was inactive for quite some time, and you brought it back recently. I did. Note that we have a very similar Bill in front of us here today.
- Marie Alvarado-Gil
Legislator
Can you tell us what work you did with your colleague or the other author to ensure that your bills were congruent, not competitive?
- Luz Rivas
Person
Well, this Bill, AB 799, includes the addition of the governor's tribal representative to the Ayes, Cal ICH. It also creates a strategic funding guide for new and existing funding opportunities. It's also more targeted in what programs Cal ICH will collect data from.
- Marie Alvarado-Gil
Legislator
Okay, thank you. Any other questions? All right, we have a motion by Senator Mengevar. Assistant, please call the roll file.
- Committee Secretary
Person
Item two, AB 799. Motion is do pass to Appropriations Committee. [Roll Call]
- Marie Alvarado-Gil
Legislator
So we have three ayes and we will hold the roll open for our colleagues. Thank you so much for your presentation. Thank you. I'm sorry I didn't give you a chance to close. No problem. Is that all right? Okay, we closed for you.
- Marie Alvarado-Gil
Legislator
Yes. All right. Seeing forward. And we have our author, Assemblymember Pelerin. Welcome. If you have any witnesses with you today, we'll invite them to the conference table. Yes, I do have one with me today. Great.
- Marie Alvarado-Gil
Legislator
Wonderful.
- Gail Pellerin
Legislator
So thank you, Chair and Senators. Children and youth navigating California's child welfare system encounter distinct behavioral health challenges associated with traumatic experiences and the system's involvement itself. Up to 80 percent of children navigating child welfare systems display significant mental health issues, a stark contrast to 18 to 20 percent--22 percent--among the general population.
- Gail Pellerin
Legislator
Additionally, 45 percent reported using alcohol or drugs within the last six months, and 35 percent met the criteria for a substance use disorder. The lack of comprehensive statewide behavioral health data impairs California's ability to create services and supports that meet the unique needs of these vulnerable youth.
- Gail Pellerin
Legislator
The Child Welfare System Improvement and Accountability Act, AB 636, Steinberg of 2001, aimed to improve data collection reporting on the child welfare system. The act's goals were met by the Child Welfare Indicators Project, a research project between UC Berkeley and the Department of Social Services, which has driven continuous quality improvement in the child welfare system since its inception.
- Gail Pellerin
Legislator
While the Child Welfare Indicators Project collects holistic data on academic performance, caregiver resources, and supportive care environments, a critical gap is that the Child Welfare Indicators Project does not include behavioral health outcomes.
- Gail Pellerin
Legislator
By amending the California Child and Family Service Review System to incorporate existing Child and Adolescent Needs and Strengths--CANS--behavioral health data, AB 1907 will ensure holistic tracking, enable a nuanced assessment of needs and strengths, and promote targeted services for children and youth navigating the child welfare system, and with me to testify in support today is Karen Larsen, CEO of the Steinberg Institute.
- Marie Alvarado-Gil
Legislator
Welcome, Ms. Larsen. You have two minutes to present.
- Karen Larsen
Person
Thank you. My name is Karen Larsen. I'm the CEO for the Steinberg Institute. We're an independent nonprofit dedicated to reducing system involvement for Californians living with behavioral health conditions. Before joining the Steinberg Institute, I was the Health and Human Services Director in Yolo County, where I oversaw public health, behavioral health, and social services, including child welfare.
- Karen Larsen
Person
I served Yolo County for over 20 years, first in the community clinic setting and then at the county level, and over the course of those years, I saw children in my child welfare system grow up and enter our juvenile and adult criminal justice systems, and then grow up a little more and have children of their own who entered my child welfare system.
- Karen Larsen
Person
And so these multigenerational patterns of system involvement play out throughout our state and throughout our nation, and we need to do something to intervene. As Assembly Member Pellerin mentioned in 2001, our founder, Mayor Darrell Steinberg, authored AB 636. Since that bill was passed, it's provided a great, continuous quality improvement framework for our child welfare systems in California.
- Karen Larsen
Person
Unfortunately, despite the bill's intent to include behavioral health data, to date, it doesn't include that type of data. And so the Steinberg Institute is proud to sponsor AB 1907, a bill that incorporates this behavioral health data into the Child Welfare Indicators Project.
- Karen Larsen
Person
As Assembly Member Pellerin mentioned, these youth face unique challenges, behavioral health challenges due to the trauma that got them into the system and the system involvement itself, and with more than 50 percent of them needing mental health services and another 30 percent meeting their criteria for substance use disorders, it's critical that we have local level data to meet their needs and ensure that the outcomes improve for them over time. I thank you for your time today.
- Marie Alvarado-Gil
Legislator
Thank you so much, Ms. Larsen. All right, do we have any members of the public that would like to express their support? Please come to the microphone with your name, your affiliation, your purpose.
- Clifton Wilson
Person
Clifton Wilson, on behalf of the California Academy of Adolescent and Child Psychology, in support. Psychiatry--sorry--in support.
- Marie Alvarado-Gil
Legislator
Very different. Thank you. Any lead witnesses in opposition here today that would like to be heard? I see none. Members of the public? All right, we'll move the conversation back to the committee. Questions for our author? No? Do we have a motion? Okay, we have a motion by Senator Menjivar. Would you like to close?
- Gail Pellerin
Legislator
Yes. Thank you. This bill has no opposition, and I respectfully ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much. All right. We have a motion by Senator Menjivar. Assistant, please call the roll.
- Committee Secretary
Person
File Item Three: AB 1907: motion is do pass to Appropriations Committee. [Roll Call].
- Marie Alvarado-Gil
Legislator
And the ayes are three; no noes. We will leave it open for our colleagues to join us, okay? Thank you so much. And I see Assembly Member Reyes is present. You have the benefit of having a bill on consent, but we will hear Item Number Six, which is Assembly Bill 2033.
- Marie Alvarado-Gil
Legislator
And then do you have some witnesses with you today? Yes. Great. We'll invite them over to our conference table. And please begin when you're ready.
- Eloise Gómez Reyes
Legislator
Thank you. Madam Chair and Members, I present to you AB 2033, the EBT Access for Student Empowerment Act. AB 2033 does two things. First, it ensures that college students can use their free food benefits or EBT cards. And we do this by making sure that every campus has or identifies a vendor who takes EBT cards.
- Eloise Gómez Reyes
Legislator
And if they don't have one that they do identify, they do apply to become an authorized EBT vendor.
- Eloise Gómez Reyes
Legislator
The second is that this campus will also provide to the students easily accessible information on EBT vendors on and off campus by requiring community colleges and CSUs and requesting the UC's to provide the USDA SNAP retailer locator link, which provides up to a 25 miles radius map of EBT vendors.
- Eloise Gómez Reyes
Legislator
A California Student Aid Commission CSAC report notes that only 127,000 students receive calfresh benefits and that one third of all post secondary students in California do experience food insecurity. While many CSU and UC campuses have basic needs centers and basic needs coordinators, this Bill requires the CSU and requests the UC to establish these centers and coordinators.
- Eloise Gómez Reyes
Legislator
Theda demonstrates that students who experience food and housing challenges have lower gpas and graduation rates compared to students who have their basic needs. Meth Calfresh benefits are critical in helping address student hunger, and it is important that we make it possible for students to use these benefits on campus.
- Eloise Gómez Reyes
Legislator
Where possible, AB 2033 will make it possible for students to focus on their education while having their basic needs met. Here to testify in support of the Bill are Jacob Roe, a student at Sierra College, and Anna Matthews, government relations Director with the Faculty Association of California Community Colleges.
- Marie Alvarado-Gil
Legislator
Welcome to you both. We'll give you two minutes each to present.
- Anna Matthews
Person
Thank you. Good afternoon, chair and Members. My name is Anna Matthews, Government Relations Director of the Faculty Association of California Community Colleges and a proud co-sponsor of AB 2033. According to Riel College, California's basic needs report, 47% of California community college students experience food insecurity.
- Anna Matthews
Person
Half of a population is a significant percentage, and the statistic is even more staggering when you know the gravity of food insecurity. Hunger is detrimental to cognitive capacity, the ability to concentrate memory, and it ultimately undermines students ability to learn.
- Anna Matthews
Person
So long as they experience deficiencies in having their basic physiological needs met, all other priorities become secondary, including their education.
- Anna Matthews
Person
We talk a lot about education as a means of socioeconomic mobility and the desire for equitable student outcomes, but this cannot be achieved without addressing the devastating realities of the poverty that many of our students face, including food insecurity.
- Anna Matthews
Person
AB 2033 addresses the truth that food insecurity is a significant barrier to many students pursuit of higher education and impedes their progress towards their goals. Community colleges disproportionately serve underrepresented minority groups, first generation students, student parents, and other vulnerable populations.
- Anna Matthews
Person
While public assistance programs exist, a lack of awareness and accessibility on campuses reduces student utilization of these resources. By mandating EBT access points and increasing students knowledge of local resources, this Bill aims to increase participation in Calfresh and ultimately improve students ability to meet their basic needs, addressing hunger, poverty, and eliminating obstacles to student success.
- Anna Matthews
Person
This Bill is a step in the right direction to promote an inclusive and accessible learning environment for all students and bridging equity gaps and access to resources critical to their health and wellbeing. I respectfully ask for your aye vote. Thank you so much.
- Jacob Rowe
Person
Good afternoon, Chair and Members, my name is Jacob Roe, a second year Community College student and President of the Native Americans of Sierra College Club. Today, I testify before you to advocate for the passing of AB 2033. This Bill addresses a pressing issue that affects thousands of students across California, including myself. Food insecurity.
- Jacob Rowe
Person
As you know, programs such as Calfresh are essential to supporting Low income Californians. Despite eligibility, many post secondary students are unable to access these benefits, resulting in widespread food insecurity within our community colleges. That is preventable.
- Jacob Rowe
Person
AB 2033 aims to change this by mandating that each public institution of higher education in California has at least one EBT accepting vendor on campus, students will have increased access to nutritional resources at their place of study.
- Jacob Rowe
Person
Additionally, it calls for the establishment of basic needs centers and coordinators within our University systems, ensuring that students have access to the necessary resources and supports they need. As a disproportionately impacted student, I have faced various barriers within my education, at times struggling to meet even my most basic needs.
- Jacob Rowe
Person
Some days I have questioned if I was going to have food to eat and at times have had to accept that going hungry was my only option. The basic needs center at my school has been an invaluable resource throughout my academic journey and has made it possible for my needs to be met, let alone sit here today.
- Jacob Rowe
Person
Having access to resources the Sierra College Basic Needs center has provided is something every student deserves, regardless of their food security status. AB 2033 is essential for students like me to have a chance and achieving their goals in higher education. Please stand with us in addressing the needs of California students. I respectfully ask your I vote.
- Marie Alvarado-Gil
Legislator
Thank you so much to you both for being here. Any Members of the public wishing to express their support, please come forward. Rebecca Gonzalez, Western center on Law and Poverty and support thank you.
- Stephanie Goldman
Person
Stephanie Goldman, on behalf of the Student Senate for the California Community Colleges, this Bill, thank you.
- Johnny Vu
Person
Johnny Vu with the California Student Aid Commission in support. Thank you.
- Sam Wilkinson
Person
Sam Wilkinson with Grace End Child Poverty in California in support.
- Marie Alvarado-Gil
Legislator
Thank you so much. Do you have any lead witnesses in opposition of this Bill that would like to come forward and be heard? Members of the public that would like to express their opposition, please come forward. Seeing none, we'll bring the discussion back to the Committee. Questions? Question for you author.
- Marie Alvarado-Gil
Legislator
I know with the UC's, we are encouraging and recommending them according to this Bill. Can you tell me a little bit about what your conversations have been with the UC officials about your Bill?
- Eloise Gómez Reyes
Legislator
It's been very positive. It's just that under the way the law is written, we cannot require it of them. But it's been very positive. Very positive. Okay.
- Marie Alvarado-Gil
Legislator
And then one of the questions that I had, but I think I found it in some of the support letters, was how are the community colleges going to implement this program with multiple sites?
- Marie Alvarado-Gil
Legislator
And it sounds like they're excited about your Bill and looking forward to rolling it out in a uniform way so that students have access at all campuses.
- Eloise Gómez Reyes
Legislator
We really are excited about that. The support from our community colleges, actually all of the campuses, they recognize how important this is for our students. Absolutely. Absolutely.
- Marie Alvarado-Gil
Legislator
And I remember, you know, in my college years, the whole notion of a starving student, and we took light of that. But the reality is, to the points that you made today in your presentations, is that is the fundamental need in order for us to be successful. So thank you so much for bringing this Bill forward.
- Marie Alvarado-Gil
Legislator
Do we have a motion from the Committee? Motion from Senator Menjivar, assistant. Oh, would you like to close?
- Eloise Gómez Reyes
Legislator
I'd like to take the comments, and I want to thank our two witnesses. This is extremely important to have somebody from the Faculty Association and also our student to bring the student's perspective. And I want to thank them both for being here testifying. And with that, I respectfully ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much. All right, assistant, please call the roll.
- Committee Secretary
Person
Bill was moved by Senator Menjivar. File item six, AB 200. 33 motion is do pass to Appropriations Committee. [Roll Call]
- Marie Alvarado-Gil
Legislator
Okay, we have three ayes and no no's. We will leave that open for our colleagues to come in and vote as well. Thank you so much for being here. Thank you. Do I see assemblymember Wicks? I don't. Right. Okay. We will move forward to item number eight, Assembly Bill 1993.
- Marie Alvarado-Gil
Legislator
Assembly Member Kalra, you could invite your witnesses, if you have witnesses, to come forward. We'll get situated. And when you're ready to begin, please do.
- Ash Kalra
Legislator
Thank you so much. Madam Chair, AB 1993 would help address the housing needs of California's growing aging population by expanding the number of individuals residential care facilities for the elderly, or RCFEs, can serve by replacing the six bed cap with a eight or fewer cap.
- Ash Kalra
Legislator
RCFEs are community based homes that offer housing arrangements for various levels of non medical care and supervision. One of the fastest growing populations of unhoused individuals in California is our older adults, who are at greater risk of becoming homeless than ever before.
- Ash Kalra
Legislator
By allowing RCFEs to expand and serve more people, AB 1993 can help ensure there are more available spaces for older adults who choose an assisted living home can remain in their communities while also receiving the 24 hours non medical care they need. The RCFEs must meet the safety and building standards and licensing regulations.
- Ash Kalra
Legislator
For instance, under title 22 of the California Department of Social Services Community Care licensing, no more than two residents shall sleep in a bedroom. Title 22 provides a set of operational standards for RCFEs and Cdss.
- Ash Kalra
Legislator
Licensing Department would still need to evaluate the home to determine how many they can occupy and if they can be licensed to serve residents, ensuring these homes meet the safety and building standards to expand is a priority.
- Ash Kalra
Legislator
So under this Bill, RCF fees would still be required to be consistent with the Department of Social Services and Community Care licensing. This Bill has received bipartisan support, and here to testify and support is Mia Kang with the California Commission on Aging and George Kinnerian, Senior Vice President with six beds.
- Marie Alvarado-Gil
Legislator
Thank you for being here. Please maintain two minutes for your presentation.
- Mia Kong
Person
Thank you, Madam Chair. Good afternoon, Committee Members. I am Mia Kong, former two term Commissioner for the California Commission on Aging, and we're the bill's proud sponsor.
- Mia Kong
Person
As a housing developer with decades of experience building senior communities, I can attest to the growing population of older Californians that need medical daily, excuse me, that need non medical assistance every day. Many older adults have financial resources that don't qualify them for in home supportive services.
- Mia Kong
Person
Others require more care than what in home support services can provide. Others have insufficient resources to afford the extraordinary cost of 24 hours in home care. For many older adults who need assistance with daily living, a residential care facility, RCFE is their, frankly, only option in many cases.
- Mia Kong
Person
In California, the Department of Social Services inspects, regulates and determines the number of residents the RCFE is approved for. This determination is based on the licensing skills, staff availability and building features, among many other things, and the regulations. The state regulations require that no more than two persons may occupy one bedroom.
- Mia Kong
Person
Currently, in most cities and counties, private RCFE operators are limited by local planning and zoning laws and the number of individuals, and this sets up the number of individuals that RCFEs can serve. Currently, six beds is what is allowed for RCFEs to maintain its residential capacity.
- Mia Kong
Person
This Bill will take it to eight beds, and the eight beds is a cap that meets the current housing demand as well as the current housing product that's out there. This increased capacity will allow for more older adults and their families to access 24 hours non medical daily assistance care.
- Mia Kong
Person
I want to thank Assemblymember Kalra for authoring AB 1993, and I respectfully ask as committees for an I vote thank you.
- George Kutnerian
Person
Thank you to the chair and Members. My name is George Kutinarian. I serve as Senior Vice President of public policy and legislation for six beds, which is a statewide trade Association representing the small residential care facilities for the elderly, or rcfes, that serve six or fewer residents.
- George Kutnerian
Person
We're thrilled to be co sponsoring this Bill and would like to start by thanking Assemblymember Kara for championing this important public policy issue. The original statute that this Bill seeks to amend was enacted almost 40 years ago.
- George Kutnerian
Person
What was once a groundbreaking piece of legislation that spawned the creation of a six bed RCFE ecosystem comprising approximately 5500 facilities has fallen behind the times as our population has changed.
- George Kutnerian
Person
By 2030, there will be 10.8 million older adults in California, compared to only 3 million in 1991.8 million Californians 60 and over live alone, and older Californians are living longer with more chronic illnesses. Not only has California's population changed, so have the economics of aging.
- George Kutnerian
Person
With over 2 million California's age 60 plus, being economically insecure, with fixed incomes, unable to keep up with the rising costs of housing, health and care. In fact, among the unhoused older Californians are the fastest growing age group.
- George Kutnerian
Person
California's small rcfes, like the older Californians they seek to serve, are facing some of the same challenges, such as higher than ever housing costs. Just recently, the median sales price for a home in California passed $900,000 for the first time.
- George Kutnerian
Person
AB 1993 can help address these challenges by allowing RCFEs the option to go up to eight beds without being subjected to the complicated, time consuming, and highly discretionary conditional use permitting processes that are often fraught with NiMBYism that has the effect of limiting housing and care access for older Californians.
- George Kutnerian
Person
Leveraging an existing supply of six bed rcfes, many of which already have three or more bedrooms and can currently house more than six residents, AB 1993 could result in thousands of additional beds in a short amount of time.
- George Kutnerian
Person
Today, this Committee has an opportunity to take a step towards advancing innovative legislation that furthers California's public policy goal of improving access to housing for all ages and stages. We respectfully ask for your aye votes and happy to answer any of the Committee's questions. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you so much. Any Members of the public wishing to express their support, please come forward with your name and affiliation.
- Lisa Coleman
Person
Good afternoon. Lisa Coleman with the California Commission on Aging. Proud sponsors.
- Marie Alvarado-Gil
Legislator
Thank you.
- Amber King
Person
Thank you. Amber King with Leading Age California in support. Thank you. Heather Harrison with the California Assisted Living Association in support.
- Marie Alvarado-Gil
Legislator
Thank you. Do we have any lead witnesses in opposition that would like to be heard? Okay, seeing none. Any Members of the public that would like to express their opposition? All right, seeing none, I'll bring the conversation back to Committee. Questions or comments? Colleagues? Senator Ochoa-Bogh please.
- Rosilicie Ochoa Bogh
Legislator
Hi. Welcome and thank you for bringing this measure forward. I'm in support of the Bill, but I do want to address some of the concerns and ask some clarification questions with regards to the concerns that the realtors posed.
- Rosilicie Ochoa Bogh
Legislator
Now one of the things that I would, you know, one of the concerns that they had was the fact that it would remove more inventory away from first time homebuyers coming into the market, if I understand correctly, is basically one of the concerns they have on that.
- Rosilicie Ochoa Bogh
Legislator
I would probably mention that as we have or place more seniors or two additional seniors per household, those seniors as home will now become available to the market, either to their current family Members or to new homebuyers in the market. That's the way that I see it.
- Rosilicie Ochoa Bogh
Legislator
So that's two additional homes that would be available per residential unit. So that's the way that I'm actually reasoning the support for this particular Bill.
- Rosilicie Ochoa Bogh
Legislator
The only other concern that they had, which I can't, I want a little more clarification on is the fact that in the Bill, it's my understanding that there's no language with regards to how many seniors are allowed to occupy per bedroom.
- Rosilicie Ochoa Bogh
Legislator
And I know that in other spaces, such as in facilitating housing for foster youth, there's a limit. Normally, there's usually a component that addresses that.
- Rosilicie Ochoa Bogh
Legislator
But I do want, with that in mind, though, I do want to state that I do understand that there are some residential homes whose bedrooms are larger, so they could accommodate, you know, three or four beds rather than just two. Some are really, really small, can only accommodate one.
- Rosilicie Ochoa Bogh
Legislator
Is there any conversation as to how to address that particular concern? Because it is. It would be a concern.
- Ash Kalra
Legislator
Well, thank you, Senator. On your first point, agree 100%. This Bill is really about leveraging existing housing. So those that have currently six beds could potentially apply to have as many as eight.
- Ash Kalra
Legislator
And so, and your other point was very well taken in that it's really allowing folks to leave their current home to go into a living environment with a little bit more assistance opening that home up to the market or to their kids and what have you.
- Ash Kalra
Legislator
But to the concern you just raised, I, in fact, in conversation with realtors, we actually did have an amendment in there that would have captured it, too. So, I agree with the General sentiment of the realtors. We remove that component for a couple of reasons.
- Ash Kalra
Legislator
One is, under the California Code of Regulations, community care licensing, there already is a regulation that it'd be no more than two residents per room. And so it would be duplicative to add it, however. And so you would think, well, why, what's the big deal of adding it then?
- Ash Kalra
Legislator
Well, the CDSs made it very clear that they did not want that in there because they didn't want to lose the flexibility to allow for creative sleeping space for facilities during emergencies. And so the current regulations already capsule two. I agree with that, too. I agree with the realtors that it should be just two.
- Ash Kalra
Legislator
You want a quality living environment for folks in these homes. But because CDSs did not want that codified because they wanted a little more flexibility in emergency type situations, and they felt it was unnecessary because the regulations already have a kappa two. That's why we didn't have that in there, even though I agree with the realtors sentiment.
- Ash Kalra
Legislator
So generally speaking, it's still going to be a cap of two. And CDSs, again, just did not want that codified in there in the case of an emergency, and they had to have a little bit more flexibility in emergency situations.
- Marie Alvarado-Gil
Legislator
Questions?
- Caroline Menjivar
Legislator
Senator Menjivar, I just want to clarify. So CDSs generally will, the Licensing Department will go in and license a home and ensure there's only two adults per room. And that's just the General unwritten rule. They don't want it codified because, say, there's an emergency, you, they want to be able to put in more people in.
- Ash Kalra
Legislator
It's not only an unwritten rule, it's a written rule. The regulation already states that it'd be no more than two residents or better if there is a written rule.
- George Kutnerian
Person
If I can just add, it's in the California Code of Regulations, title 22. What happens, though, if it goes into statute, then the Department loses its flexibility to kind of work around that during times of emergency. If it's in regulation, the Department has the flexibility to work around the regulations in times of emergency.
- George Kutnerian
Person
But once you put it in statute, the Department actually loses that flexibility.
- Caroline Menjivar
Legislator
Can these homes, what if they violate it now? What happens if it's not a statue?
- George Kutnerian
Person
Right. So if it's violated, someone files a complaint, for example, it's Community Care licensing's responsibility to investigate it because it is in regulation. And if a licensee has violated it, then they can be cited for it.
- Caroline Menjivar
Legislator
It would be a violation.
- George Kutnerian
Person
It would be a violation. Yeah. Just because it's not in statute doesn't mean it's not a violation. Yep.
- Marie Alvarado-Gil
Legislator
All right. Sending Member Kalra I do have concerns and questions around the quality of living environment as pertains to restrooms, bathroom laboratories, shower facilities. So currently in a home that would have six residents, now having eight. How do you balance that by not making an amendment or a change for bathroom services?
- Ash Kalra
Legislator
Well, as it goes through the licensing process, we still have to be approved. And so if it's a home where they, where they only have one full bath and the Department can say, you know what? This is not suitable for any home. More than six residents.
- Ash Kalra
Legislator
So the home is still going to be inspected for the quality of care and the quality of the environment based upon how many residents the RCFE would like to live there. So there's still that check and balance in there. It's not like as soon as someone applies to have eight residents, it just gets granted.
- Ash Kalra
Legislator
It's quite the opposite. The licensing authority will have to go in there, inspect the premises and see what is appropriate for the size of that premises.
- Ash Kalra
Legislator
You know, a three or a four-bedroom home can mean a lot of different things, depending on how much square footage it has and depending on how many full bathrooms it has as well. So, they could also say, you know what, we can approve eight if you make this half bath into a full bath.
- Ash Kalra
Legislator
So now you have two full baths. And so there's still going to be that oversight in terms of the health and safety of the residents.
- George Kutnerian
Person
And if I can just add that, add to that too. As part of the process, the licensee has to submit a facility sketch which includes the floor plan. So licensing is going to review the floor plan, which includes not just the, not just the bedrooms, but also the bathroom situation too, to determine that that's a suitable situation.
- Marie Alvarado-Gil
Legislator
So currently it's a suitable situation. Six seniors and one working bathroom in a home, is that a suitable situation?
- George Kutnerian
Person
I don't recall off the top of my head what is the current regulation for the bathroom situation? But it is prescribed in regulation what the bathroom situation has to be. So if licensing determines that the licensee at eight occupants cannot satisfy what the regulations say for bathrooms, then licensing can just deny that or say, you need to.
- George Kutnerian
Person
Assemblymember Kalra's point, you need to create more bathroom space in the home to be able to do that.
- Marie Alvarado-Gil
Legislator
Just a moment.
- Marie Alvarado-Gil
Legislator
Assembly Member Kalra, I want to give your bill a fair chance, which means I want to see the language around this bathroom. I know I had requested it some days ago, but it has not been put in front of me yet. My concern is that we're leaving the discrepancy to CDSS to make decisions whether or not it's suitable. And I'm concerned that the quality of the living environment is important.
- Marie Alvarado-Gil
Legislator
And I don't want us to create more beds in a home where there's clearly needs for other amenities. And so I just want to make sure that we're clear there. So we're going to be looking up right now the code. Would you like us to... Would you like us to put your bill on call and then bring it back up? We can finish closing out.
- Ash Kalra
Legislator
I'm happy, whatever you'd like to do, Madam Chair. If you'd like me to close out and you could do further investigation into it. I would like the opportunity, if there are concerns, certainly want the opportunity to address them, but, you know, happy to do whatever you like.
- Marie Alvarado-Gil
Legislator
Okay, I think I found it here. Thank you for getting it for me. Okay, so I'm looking right here. Toilets and bathrooms shall be conveniently located. The license capacity shall be established based on Section 87158 capacity. The following, at least one toilet and wash basin for each six people. So if you are adding then eight people, does that mean now that the bathroom or the home must have two toilets and wash basins?
- George Kutnerian
Person
That's the way I read it. That's the way I interpret what you just said.
- Marie Alvarado-Gil
Legislator
Okay. That's how I...
- George Kutnerian
Person
Because it's one per six as soon as you hit seven, technically, if you did seven instead of eight, it would trigger the second.
- Ash Kalra
Legislator
And, Madam Chair, if you'd like clarification on that, I'm happy... If your staff, your wonderful staff, who did a great job of analysis, would like to work on language to that effect, more than happy to accept subsequent amendments to your satisfaction.
- Marie Alvarado-Gil
Legislator
Yeah, I just want to make sure that we get to a place where your bill does the good deed of giving us more beds, but doesn't inadvertently cause...
- Ash Kalra
Legislator
I wouldn't want to have a family member living in a place with one bathroom. I get it.
- George Kutnerian
Person
The only concern I would raise is, similar to the two bed thing, if it's in statute, then once again, it will limit the department's flexibility in emergency situations.
- Marie Alvarado-Gil
Legislator
I understand that, but this bill is asking us to codify two additional beds without any relation to restrooms. And so if we already have language in law that limits one working bathroom and basin for six people, then we're offsetting that law by now introducing eight. So we need to make sure that we are in congruence with what's currently written. And that's my concern. So I don't think there should be flexibility around restrooms.
- Marie Alvarado-Gil
Legislator
I think that if we are talking about quality living situations and safe environments, regardless of whether there's an emergency or not, no emergency for me would say eight people to one restroom, particularly our elderly and those who need extensive care. Okay. So those would be my concerns. We will move forward and take a vote, but I'm hoping that as, as your bill moves forward, we can make that very clear. Sounds good?
- Ash Kalra
Legislator
I agree with you. I think I agree with your concerns. Look, I'm the primary caretaker for my father, and we have the ability, when I'm up here on Tuesday and Wednesday, to have someone there during the day to care for them. Not a lot of people have that luxury.
- Ash Kalra
Legislator
And so really, we're looking out for the thousands of Californians that don't have that ability to have their loved one cared for the way that they would like. And so I agree that having a sufficient restroom capacity is part of making sure that there's a respectful, dignified place for our loved ones to live. I respectfully ask for an aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much for your closing. All right. Do we have a motion on this bill?
- Rosilicie Ochoa Bogh
Legislator
I will be happy to make a motion.
- Marie Alvarado-Gil
Legislator
Okay. Motion by Senator Ochoa Bogh. Assistant, please call the roll.
- Committee Secretary
Person
Bill moved by Senator Ochoa Bogh. File item eight, AB 1993, motion is do pass to Appropriations Committee. [Roll Call]
- Marie Alvarado-Gil
Legislator
Okay, we have two ayes, and we will leave that on call. Thank you so much. Thanks for being here. See where we are. Do we see Assemblymember Wicks? I can't see her. Okay. All right. Assemblymember Alvarez, welcome. We'll move forward with item number nine. Assembly Bill 2075.
- Marie Alvarado-Gil
Legislator
And Assemblymember, if you have any witnesses with you today, please ask them to come forward. Have them seated. Okay. Please start when you're ready.
- David Alvarez
Legislator
Thank you. Madam Chair and fellow Senators, thank you for the opportunity to present AB 2075, the Resident Access Protection Act. I want to start by thanking the chair and the staff for working with us on this bill and going through it.
- David Alvarez
Legislator
I think I'd like to take the moment just to talk about what this bill really, at the core is about, which is we've had bipartisan support on this bill, which would provide residents of long term care facilities with the ability to have in person onsite access to visitors during a public health emergency as long as they follow the same safety protocols as our required staff is required to follow.
- David Alvarez
Legislator
I want to emphasize that visitation is only allowed if the visitor follows the same safety protocols as staff is required to follow.
- David Alvarez
Legislator
AB 25 is a result of a working group which a couple years ago, the Legislature established and asked to review protocols during the pandemic and to develop recommendations on how to address the issue of visitation and visitation policies and practices for long term care facilities during these public health emergencies.
- David Alvarez
Legislator
Like the one we had recently with COVID. This working group met five times over the course of six months and included participants from advocates, state agencies, facilities, public health officials and medical groups.
- David Alvarez
Legislator
They published a report in October of last year, and the workgroup was clear in its takeaway that it is essential for a family and for a friend of to have access to residents, their loved ones, including during a state of emergency.
- David Alvarez
Legislator
So at its core, AB 2075 recognizes the consequential role that loved ones, those of us who have cared for our loved ones, play in ensuring that residents of facilities receive the attention, the love, and the care that they need, which augments the role of the facility staff.
- David Alvarez
Legislator
We remain committed to working with opposition to find some middle ground to ensure that we balance public health, safety and visitation rights. So to that end, on our own, unilaterally, we added compromise provisions that seek to meet them somewhere in the middle.
- David Alvarez
Legislator
The provisions include flexibility for state and local authorities when handling public health emergencies by authorizing them to define how visitors can demonstrate proficiency in following all safety protocols, capping the amount of visitors that can visit simultaneously and the ability to Institute even a seven day lockout period where visitors would not have access to their loved ones and then an ability to extend that by even seven more days.
- David Alvarez
Legislator
Beyond that, we've also clarified that staff will be prioritized as it relates to PPE use and loved ones can only visit if they follow the same safety protocols, including donning of PPE.
- David Alvarez
Legislator
Through Committee amendments through this process, we have clarified that the Governor can supersede this act through his emergency powers authority and that a public health order that requires an evacuation notice will not be subject to this bill.
- David Alvarez
Legislator
Put another way, I have provided public health officials with the flexibility to determine how visitation rights should be conducted and have established a pathway for them to prohibit visitation if they feel it's warranted.
- David Alvarez
Legislator
Really, truly, more than any bill, I'm working on this session that I've authored so far, we've tried to find a way to go above and beyond to find that middle ground, and we'll continue to do that if we can get there. We want to offer solutions that will strike the right balance as we move forward.
- David Alvarez
Legislator
But at the end of the day, we believe it's as important for those who have loved ones in these facilities to have access to them during these emergencies, and that is what this bill is intending to do. So I appreciate your time. With that, I'll turn it over to our two witnesses.
- Marie Alvarado-Gil
Legislator
Thank you so much. We'll hear from each of you for two minutes each.
- Maitely Weismann
Person
Good afternoon. My name is Maitely Weismann. I'm a family caregiver and co-founder of Essential Caregivers Coalition. This Thursday, a study from the Department of Health Sciences at the University of Chicago was published in Wylie Health Economics. It adds more evidence to the growing body of work that supports family caregiver access during health emergencies.
- Maitely Weismann
Person
This study revealed that mandatory access for family caregivers in facilities in the pandemic was associated with a significant reduction in long term care deaths. Please keep this in mind when hearing such access being marketed as dangerous and unpredictable. Independent, peer reviewed studies continuously point to the very opposite.
- Maitely Weismann
Person
My personal experience offers specific examples for why it worked to have family caregivers inside to help their loved ones during even the most uncertain times. If a staff caregiver can enter with PPE, so can a family caregiver. I've provided care for my mom, Celia, for as long as I can remember.
- Maitely Weismann
Person
Since she was young, she's navigated a traumatic brain injury, incomplete quadriplegia, and a communication disorder. My caregiving continued when she moved into a memory care home, an RCFE. I augment staff care daily. I bring a spoon or a straw to her lips. Without that one type of support, she cannot eat or drink.
- Maitely Weismann
Person
I also help her to bathe, dress, toilet, transfer, and communicate. I know her nonverbal cues and help others learn them. Pandemic visitor restrictions abruptly stopped all that support. They failed to recognize family caregiving as urgent and essential work. My mom rapidly lost weight, became agitated, withdrawn, depressed, and sometimes unresponsive.
- Maitely Weismann
Person
Her already limited communication skills dwindled further with high staff turnover. No one noted these changes, nor the bruises, rashes, bad hygiene, lethargy, dehydration, and delirium. Increased ER visits revealed dangerous levels of dehydration, contusions, a broken clavicle, aspiration pneumonia, and recurrent C. difficile. On the first several months of lockdown that were supposed to protect her.
- Maitely Weismann
Person
In a vulnerable person, unchecked dehydration can be deadly in a matter of days.
- Marie Alvarado-Gil
Legislator
Now wrap up your presentation.
- Maitely Weismann
Person
Okay. We know in a public health emergency that staff dwindles. There are waivers that allow them to not be trained, to not have background checks, and meanwhile, family caregivers have years and years. Myself, close to 30 years of experience.
- Maitely Weismann
Person
We were locked out, and my mom could not drink.
- Marie Alvarado-Gil
Legislator
I do have to wrap it up, or else I won't be able to hear our next witness. All right, we'll move forward.
- Maitely Weismann
Person
I'm so sorry. Can I just say, in hospitals, the American Disabilities Act. This is the last thing.
- Maitely Weismann
Person
I'm sorry. Okay, thank you. All right, we'll move forward.
- Tony Chicotel
Person
Good afternoon. My name is Tony Chicotel. I'm senior staff attorney for California Advocates for Nursing Home Reform. We're one of the co-sponsors of the bill. Family caregivers like Maitely and nursing home residents, long term care residents went through so much suffering, preventable suffering, during the pandemic, mostly from isolation and neglect.
- Tony Chicotel
Person
They just want one thing for their experience to have meant something to elicit some sort of change for the future. They want family caregiver support to be treated as every bit as important as facility staff support for the health and well-being of long term care residents.
- Tony Chicotel
Person
Public health officers want the leeway to make the same exact mistakes and the leniency to have never learned the lesson. They want to be able to tell Maitely that she is less essential for the health and welfare of her mom than a staff person. A staff person who may be brand new and not certified because yeah, another pandemic policy was to suspend the certification requirements for nurses aides.
- Tony Chicotel
Person
Committee analysis encourages assemblymember Alvarez to continue working with stakeholders to find a balance between resident access and the realities of a public health emergency.
- Tony Chicotel
Person
The study that Maitely referenced finds that essential caregiver laws were associated with a 15% reduction in overall nursing home resident deaths, and the effects were greater in states where access was mandatory as opposed to just permissible. Incredibly, there were even fewer resident COVID deaths in states that had caregiver access.
- Tony Chicotel
Person
Public health officers have offered nothing in the way of balance. They want everything. But here's what the new study's authors concluded. In their study, government officials need to consider the trade offs between protecting nursing home residents from infectious disease and maintaining necessary informal care for nursing home residents.
- Tony Chicotel
Person
The use and expansion of essential caregiver laws is a successful model for finding that balance. AB 2075 is the balance. I urge your aye vote on this very important bill. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you so much. And we will have time for questions, so we'll be able to cover what you need us to cover. Okay. Members of the public, please come forward with your name, affiliation, and your support position.
- Donita Stromgren
Person
Danita Stromgren, member of AARP California on behalf of our 3.2 million members in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Leza Coleman
Person
Leza Coleman, California Commission on Aging, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Jason Sullivan-Halpern
Person
Hi there. Jason Sullivan-Halpern with the Long Term Care Ombudsman Association, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Heather Harrison
Person
Heather Harrison with the California Assisted Living Association, in support.
- Maitely Weismann
Person
Thank you.
- Blanca Castro
Person
Good afternoon. Blanca Castro, State Long-Term Care Ombudsman, in support, and one of the co-sponsors.
- Marie Alvarado-Gil
Legislator
Thank you.
- Maitely Weismann
Person
Amber King with Leading Age California, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Tony Anderson
Person
Tony Anderson with the Association of Regional Center Agencies, in support.
- Marie Alvarado-Gil
Legislator
Thank you so much. Any lead witnesses in opposition? Please come forward to be heard. We'll have you join us right here at the table, please.
- Marie Alvarado-Gil
Legislator
And you'll each get two minutes to present.
- Betsy Armstrong
Person
Thank you, Madam Chair and members, Betsy Armstrong with the County Health Executives Association, regretfully here in opposition. We absolutely acknowledge the value and importance of family and visitors to residents in these facilities, and I'd like to make something exceedingly clear.
- Betsy Armstrong
Person
Our opposition to this measure is not because local health officials want to prohibit visitation during public health emergencies, nor do local health officials want to make the decision about whether to allow visitation during every public health emergency.
- Betsy Armstrong
Person
We are opposed because in rare circumstances, when the public health threat is so grave to vulnerable residents and our community, it is absolutely necessary to prohibit visitation. And the Bill does this without regard to a health officer's medical training, public health expertise, and on the ground knowledge about how the disease is ravaging their local community.
- Betsy Armstrong
Person
In fact, local health departments have taken steps to protect residents even before the next big threat hits, improving lines of communication, hiring infection preventionists to work with these facilities to keep residents healthy and minimize the spread of disease. These are steps that support ongoing visitation.
- Betsy Armstrong
Person
However, we must be mindful that future public health threats could endanger residents facility staff in our communities. Those threats could be known, like ebola or another unknown novel virus that public health will have to learn and respond to. AB 275 only allows local visitation suspension for up to 14 days.
- Betsy Armstrong
Person
But that may not be enough time to truly understand the nature of the threat nor ensure that appropriate measures are in place to protect residents, workers and our communities.
- Betsy Armstrong
Person
And I want to remind us all that the visitation limitations during the pandemic were initially imposed at the federal level, and those restrictions evolved as our knowledge of Covid-19 evolved. They also recognized that localities could restrict access where the spread of disease was still expanding rapidly using vaccination and test positivity metrics.
- Betsy Armstrong
Person
AB 2075 only limits local authority, not federal, not state. Public health guidance is tailored to the threat. It considers who's most vulnerable, the PPE, hospital beds and resources available, and including whether there's a vaccine or medication to address the disease. And that evolves as the science evolves.
- Betsy Armstrong
Person
This Bill would leave local public health with less tools to protect long term care facilities and our communities at large when the next public health threat comes. And it's not a matter of if, it is only a matter of when, it's for those reasons, we must oppose AB 2075 and respectfully ask for your no vote. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you.
- Ken Cutler
Person
Good afternoon, Chair and Members. I'm Doctor Ken Cutler with the Health Officers Association of California. Health officers are physicians dedicated to protecting their communities from harm. Health officer orders, when needed, are an effective tool used towards that end, and those orders already have a number of constraints.
- Ken Cutler
Person
They need to be constitutional, reasonable, justifiable, narrowly tailored to their objective, and have due process. Still, during the pandemic, when issuing orders that put health officers in harm's way as they faced harassment and threats. And unfortunately, I know this from personal experience, and I can assure you health officer orders were never used lightly.
- Ken Cutler
Person
There's no secondary gain from them under this. And as you can see in the analysis, much of the time period with visitor restrictions occurred under federal and state guidance. Under this Bill, Federal Government can still close facilities to visitation. Under this Bill, the Governor could still close facilities to visitation.
- Ken Cutler
Person
The only level of authority the Bill prevents from closing due to legitimate public health emergency concerns is at the local level. And the local health officer is the one most knowledgeable about public health, most knowledgeable about the local community, and most accountable to their Board of Supervisors and city councils.
- Ken Cutler
Person
The Bill does allow for seven to 14 day closure at the local level. It isn't enough time, especially since the Bill was expanded to allow on site, in person access during a declared emergency to all visitors, not just designated close family or loved ones.
- Ken Cutler
Person
It wouldn't have been enough time in March of 2020 when we were facing a new disease that we had no immunity, no vaccine, very little protective equipment and very few tests. We hope and pray never to see another March 2020, but we can't predict what the future is going to bring up. Your health officials oppose the Bill.
- Ken Cutler
Person
Thank you very much.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you. All right. Any members of the public wishing to express their opposition, please come forward through your name and affiliation .
- Victoria Rodriguez
Person
Victoria Rodriguez with Nielsen Merksamer on behalf of Contra Costa County, respectful opposition.
- Marie Alvarado-Gil
Legislator
Thank you.
- Clifton Wilson
Person
Clifton Wilson on behalf of the Napa County Board of Supervisors in respectful opposition, as well as the City and County of San Francisco with the position of opposed unless amended. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you.
- Yarelie Magallon
Person
Yarelie Magallon with political solutions on behalf of San Mateo county in opposition. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you. Okay, we will bring the conversation back to Committee. Questions or concern?
- Rosilicie Ochoa Bogh
Legislator
I guess I'm the only one here.
- Marie Alvarado-Gil
Legislator
So I'm looking right at you, Senator.
- Rosilicie Ochoa Bogh
Legislator
We'll definitely have some questions to be addressed. So it's interesting because I understand both perspectives on the issue. I think we had pretty excessive conversation in our office about that.
- Rosilicie Ochoa Bogh
Legislator
So after a meeting, I sat down with my legislative aide that works in this space, and so we were kind of going and crafting some questions to ask on there. I think you answered one of them because my number one question is, well, how do we come up with seven or 14 days?
- Rosilicie Ochoa Bogh
Legislator
Was that just kind of a, you know, legitimate scientific date, or was it just a random date? And it's rancher. That was just a random date that was thrown out there in hopes that they will come back with something more data driven timeframe. So 14 day, not enough, as you mentioned.
- Rosilicie Ochoa Bogh
Legislator
Is there a timeframe which you would prefer in this particular route that you said would be reasonable in that time? And then I'll go to my further questions after that.
- Betsy Armstrong
Person
Sure. Thank you. There we go. Thank you for that question. So, as we explained to the author's office, under existing law, local health officers can declare a public health emergency, and within seven days it has to be ratified by the Board of Supervisors or their City Council.
- Betsy Armstrong
Person
And then it comes, that emergency order comes up under review in front of the Board of Supervisors every 30 days. And so the board can opt to terminate that emergency after 30 days. It also gives folks an opportunity, opportunity to go before their board and express concerns about whatever restrictions may be in place during that emergency.
- Betsy Armstrong
Person
So that's where we thought. There's already statute that supports a timeframe from the local government perspective.
- Rosilicie Ochoa Bogh
Legislator
Okay. And within those seven or 30 days, say there's a great emergency, the Governor can come in and actually declare something within those seven to 30 days.
- Betsy Armstrong
Person
Correct.
- Rosilicie Ochoa Bogh
Legislator
Okay. Alright.
- David Alvarez
Legislator
May I respond, Senator?
- Rosilicie Ochoa Bogh
Legislator
Yes. Yes
- Rosilicie Ochoa Bogh
Legislator
So I just want to make it clear.
- Rosilicie Ochoa Bogh
Legislator
I'm sorry there's a chair.
- David Alvarez
Legislator
Oh, Im sorry.
- Rosilicie Ochoa Bogh
Legislator
It's a chair.
- Marie Alvarado-Gil
Legislator
Keep decorum. Keep decorum.
- David Alvarez
Legislator
May I?
- Marie Alvarado-Gil
Legislator
Please
- David Alvarez
Legislator
Thank you. I just want to make it clear, the days that were offered were amendments that I brought forward. This was not anything that was offered by the opposition. I heard them and their concerns, and I think they're valid that you just don't know what the next one will bring.
- David Alvarez
Legislator
And in response to that, in trying to be solving problems instead of creating more problems for all of you in committees and for us, I said, well, let's wait some period of time, seven days. And, yes, I came up with those days because I thought that would give us some time.
- David Alvarez
Legislator
And then we said, not only seven days, you can actually get an additional extension of seven more days just by your own order if you wish to do that.
- David Alvarez
Legislator
The other part that you asked about was also an addition that I made, not at the recommendation of the opposition, but that was really through the work, through your Senate Committee on health, which was ensuring that the Governor could declare at any point that this emergency, this situation raised to a certain level that it really is that significant, that it would eliminate the access as we seek to accomplish through this Bill.
- David Alvarez
Legislator
So those were two things that we thought were reasonable, that we thought made sense, and that's why we introduced those into this legislation and made those amendments.
- Rosilicie Ochoa Bogh
Legislator
Oh, and may I follow?
- Marie Alvarado-Gil
Legislator
Please continue.
- Rosilicie Ochoa Bogh
Legislator
Thank you, madam. Madam Chair. Okay, so the next question that I have is, during the pandemic, we experienced a shortage of personal protective equipment, and as a result, PPE costs increased rapidly.
- Rosilicie Ochoa Bogh
Legislator
Our state had to prioritize PPE until we had enough supply across our state, which took weeks, if not months, under this Bill. What happens with visitation if PPE is not readily available? Do we have anything?
- David Alvarez
Legislator
So the way the legislation is written is that all protocols must be followed by the visitors, just as required for staff. So if staff is required to have or don specific type of equipment, visitors must do the same.
- David Alvarez
Legislator
If that's not available to them, then I would say that then the visitation cannot occur because they do not have the proper, as required protection as is required for others who are on site.
- Rosilicie Ochoa Bogh
Legislator
Okay, now, going back to my very first question with regards to the Governor being able to come in and declare an emergency, what would be some examples in which the Governor, I guess he could still come in and declare any State of emergency if it was just a regional event, I'm assuming. Is that correct?
- David Alvarez
Legislator
That's correct. He has authority to do that for.
- Rosilicie Ochoa Bogh
Legislator
Just a regional one. It doesn't have to be
- David Alvarez
Legislator
A singular county, a singular city.
- Rosilicie Ochoa Bogh
Legislator
Okay. Because the next thing is, I was going to ask if you could give some examples of what are some regional or local health emergencies that would not take it to the level of the state.
- Rosilicie Ochoa Bogh
Legislator
However, if need be, the county could always ask the Governor to come in and declare the State of emergency in that region.
- Ken Cutler
Person
Yes, I agree. I think if we had the right Governor at the right time, with the right problem, that could well work. But I think we are better protected when we have the ability to respond both locally and with the Governor.
- Ken Cutler
Person
Emergencies are considered to be local at the beginning and at the end, and they evolve over time. And California is a large, diverse state, so you can have the same epidemic and very disparate impacts in different areas.
- Ken Cutler
Person
And so a local health official may feel the need when the Governor doesn't see it, because the local health official knows the facilities, the impact on their healthcare facilities, their workforce, their capabilities, and their communities. So.
- Rosilicie Ochoa Bogh
Legislator
Okay. Which brings me to, Madam Chair. My last question brings me to my last question. So, in reading the concerns of the purpose of the Bill, it was noted that the rate of malnutrition in nursing homes rose from five to nearly 25% between 2020 and 2022.
- Rosilicie Ochoa Bogh
Legislator
One report from the Associated Press estimated that there were at least 40,000 excess nursing home deaths not attributable to Covid-19 in just the first eight months of the lockout.
- Rosilicie Ochoa Bogh
Legislator
So considering the fact that you have seven to 14 days with an extension of up to 14 days, noting that the Governor can come in and express a State of emergency if need be at once, the local community has done that, the next plan of question would be, what safeguards can we put in place to ensure that adequate oversight of nursing homes if the Governor or Federal Government suspends visitation rights can be put in place so that we do not witness the same abuses and neglect that we experienced during the pandemic?
- David Alvarez
Legislator
Senator, if that question is for me, I would say that goes beyond the scope of what we're trying to address with the Bill today. This is only during emergencies that get called where currently, perhaps local health officials might say, you're not allowed to have visitation.
- David Alvarez
Legislator
What we are saying with this legislation is that you would be allowed to have visitation with the seven days. And seven days, or Governor saying, absolutely, you know, is still an emergency.
- David Alvarez
Legislator
But in terms of beyond that situation, like the Federal Government, as was stated correctly in the testimony, if the Federal Government decides that this case merits lockdowns, as we had during the pandemic, and orders that were beyond just not even visitation. We had orders, if you all remember.
- David Alvarez
Legislator
We couldn't even, I can't believe I'm forgetting the name, but we were locked in where we couldn't leave our homes for some time with those orders. So this Bill does not address, if the Federal Government makes a decision on this, they would trump our Bill that we have before you today.
- Rosilicie Ochoa Bogh
Legislator
Okay, so not just the federal, but also the Governor. The Governor could come in and say, you know, this is a State of Emergency. Visitation rights are not granted. Exactly.
- Rosilicie Ochoa Bogh
Legislator
So if that were the case, there were no conversations between you and the governor's office or any public health entity to say, well, what could we ensure that we do? We ensure that there's something in place so it doesn't happen. Does that.
- David Alvarez
Legislator
Are you asking, like, that there is some visitation in those cases or what are.
- Rosilicie Ochoa Bogh
Legislator
Well, not necessarily visitation, perhaps by a family member, but perhaps by a third entity that can come in to. To check, to ensure that there is no neglect, that there is no abuse within those lockdowns.
- Rosilicie Ochoa Bogh
Legislator
That's the biggest concern that I have right now, because I understand your point of view that you think that this is not reasonable but the other point is the fact that we did see that there was neglect and abuse, and this is what the Bill is trying to address.
- Rosilicie Ochoa Bogh
Legislator
So if there is an emergency stated by the Governor, then what do we put in place to ensure that we have oversight over facilities so that we don't see what has happened? So I'm not sure.
- David Alvarez
Legislator
So again, in an attempt to address the concerns from the public health officials, who, by the way, I think I want to acknowledge the work and respect the work that they do, but in an attempt to get to a place of hopefully getting support and moving forward, we added the authority and power of the Governor to come in and declare that emergency and not allow the visitation to try and make people feel a little bit more sure that if a local emergency raised to that level of significance, there would be a backstop and it wouldn't just be an open door policy.
- David Alvarez
Legislator
That was our attempt to try to contain any potential concerns that were had by them. But to your question, I don't know, Mister Chicotel, who was on the working group that spent months having these conversations, whether there was any conversation about that specific issue, he might be able to address it. If you'd like to address the question to him.
- Rosilicie Ochoa Bogh
Legislator
Oh Madam Chair, I wouldn't mind also
- Marie Alvarado-Gil
Legislator
Hearing couple more minutes at the county. Yeah.
- Rosilicie Ochoa Bogh
Legislator
And then we'll go from there.
- Tony Chicotel
Person
Yeah. Thank you. So you're getting to the heart of the Bill. Not only did we deprive residents of these caregivers, we also deprived them of their voice to some extent, because family caregivers serve this role of checking the quality of the care that's being provided and making complaints to the regulatory authorities, making complaints to the ombudsman office.
- Tony Chicotel
Person
This Bill doesn't have those guardrails that you seek. I mean, we're trying to make sure that family caregivers have access during any public health emergency, in part to make sure that the quality of care doesn't slip to these levels that we saw in 2020.
- Tony Chicotel
Person
But with 14 day lockouts and a Governor override, there's no way to assure that these are, what we're trying to do to strike this balance between safety in terms of infection control versus safety on the quality of care and the quantity of care to a large extent.
- Rosilicie Ochoa Bogh
Legislator
I'm not sure if you, you said. You want to hear from the county. They have a. Do you folks have an idea of what that would look like so that we don't commit the.
- Ken Cutler
Person
I have a comment on that, and we sincerely support visitation and never want to see it curtailed. Again, it's not our first choice. It's not our second choice. It's a last resort.
- Ken Cutler
Person
And I agree with you that there are steps that can be taken to more assure that visitation, even in an emergency, could continue in a sustained way. And so we have deployed infection control prevention out to facilities so that people can be trained faster, they can look at the ventilation there, the bed situation, do workforce training.
- Ken Cutler
Person
There are a number of steps you can take short of removing the authority where you can support visitation so that should it ever be curtailed, it would be a last resort and hopefully for a short period of time so.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Madam Chair.
- Marie Alvarado-Gil
Legislator
You're welcome. My questions might cause some other questions, so we'll move through this. So I've been looking at this Bill, and I'm wrestling with it, and I'm glad there's plenty of witnesses here to talk to us about this. Covid, we learned so much in Covid, in ways that we were forced to. Right.
- Marie Alvarado-Gil
Legislator
And because it went on for so long, we saw the long term impacts of decisions that were being made. But ultimately, whether it was about saving lives or building protocols, I did rely on my local health public health officer for that information. And at that time, I was in schools, working in education.
- Marie Alvarado-Gil
Legislator
So really looking at the health and welfare of children every day, and our teachers and our staff and I understood that, during the pandemic, there were areas of California that were more impacted than others.
- Marie Alvarado-Gil
Legislator
And so the local jurisdictions were working not only with the state and with Office of Emergency Services, but across California to provide up to date communications protocols, processes for anyone who was looking for them, and to give us direction.
- Marie Alvarado-Gil
Legislator
Now, one of the greatest areas of fault that I think I still hold onto is those who were in, those that are elderly, people with disabilities that were in residential care, that we just did not have a response.
- Marie Alvarado-Gil
Legislator
We did not know how to ensure that that social connection, that connection to the outer world, that that was maintained. My grandson was actually born during the pandemic, and we were restricted from being in the hospital and being part of a moment in my grandson's life that will never be repeated.
- Marie Alvarado-Gil
Legislator
But I understood that that was not only for his health and welfare, but it was also for the other patients that were in the proximity. And it was difficult, it was heart wrenching to not be able to have that closeness. But he was an infant, and he did not recognize whether or not I was there or not.
- Marie Alvarado-Gil
Legislator
The other spectrum is with our seniors and with our elders. They do recognize that. And there is a time where you reach a mature level of age, and you look at whether or not your quality of life includes people that love you, support you, and fill you up. Right.
- Marie Alvarado-Gil
Legislator
And so I am really struggling with any type of restriction that prohibits that level of interaction. So my question is this. So one who is responsible for licensing the facilities and maintaining oversight, is that local or state?
- Unidentified Speaker
Person
That's at the state level, Senator.
- Marie Alvarado-Gil
Legislator
State level. Okay. After the facilities are licensed, if there was a complaint or a concern, does that go to the state? Does that go to the local state?
- Unidentified Speaker
Person
State. Every time.
- Marie Alvarado-Gil
Legislator
Okay. All right. So, you know, I think one of the things that I like to build in policy is I like that connection between those who are doing the oversight and ensuring the quality of our facilities are also doing the regulation, because it kind of goes hand in hand.
- Marie Alvarado-Gil
Legislator
So my question really to the counties is, how do you see your ability to continue to do the best job that you can do as local public officers, public health officers, in the event that this Bill were to move forward and there are some restrictions being done at the state, I mean, this is a heavy handed approach to local regulation.
- Marie Alvarado-Gil
Legislator
So how can. How would you be able to continue to do your great work or not?
- Ken Cutler
Person
We would do the best we could with the situation. We hope that we would still have the authority in a situation that we can't predict who's going to be most vulnerable, what type of protective equipment is going to be needed, what type of training is going to be needed.
- Ken Cutler
Person
You could move to an infectious disease that has a mortality rate much, much higher than Covid, where a breach in protocol can make a huge difference, and it takes a team approach to put it on, take it off, monitor, etcetera.
- Ken Cutler
Person
So we would do our best to get that education out there, to get the training to the people who need it, to get supplies of equipment. We've learned a lot from COVID We have much better lines of communication with our healthcare facilities and our long term care facilities. And communication makes a big difference.
- Ken Cutler
Person
When I was a county health officer, at the beginning of the pandemic, my health Director came to me at the very beginning and said, what do you need first? And I said, we need somebody to help protect our long term care facilities.
- Ken Cutler
Person
And we hired a former health officer who had been retired, who came in and became that liaison and worked with them closely. And this is before vaccine. This is before we knew it was aerosolized, etcetera. And we had one of the latest entries of COVID into our facilities because we had those communications.
- Ken Cutler
Person
So I think we would leverage whatever tools we had available, but we would miss having the tool to take measures as may be necessary to protect health and safety. Removing this tool, I think, would potentially have unintended consequences.
- Marie Alvarado-Gil
Legislator
I think you were going to offer us a perspective from someone who has lived experience, and I wanted to give you that opportunity because I think that's going to be a great way for us to close. Do you mind doing that?
- Maitely Weismann
Person
Thank you. I'll summarize what I wanted to say. So I was inside early on, first in hospitals because of the ADA. This was all before vaccines, very early in the pandemic, and they had to let me in because my mom needed too much support for them to handle.
- Maitely Weismann
Person
So they taught me how to put on and off PPE and help me with the team, part of that. And then I was able to get into the long term care facility only because they saw they needed the help as well. And in spades, they got back time for their staff, for other residents.
- Maitely Weismann
Person
And so other residents did better because they had more support while I was there. They didn't have to use as much PPE because I didn't have to take it off and on while I was in one room with one resident. And I see us as a potential tool in public health.
- Maitely Weismann
Person
I think family caregivers are capable and ready and willing to take the risks and the precautions to follow the same protocols as staff.
- Maitely Weismann
Person
And honestly, many of us have so many years of experience that it's unusual to see a brand new staff member going in because of the waivers without training or background checks or really much of anything.
- Maitely Weismann
Person
And then the family caregiver, who has many years of experience and can assist in great ways and subtle ways out of the way that they can't go in. We can follow the same protocols, and we do save. We end up saving time and money for other residents and for the facility or whomever is providing the PPE.
- Maitely Weismann
Person
So at the end of the day, that's how we'd like to be seen as that sort of core that you can tap because we're incentivized for good public health outcomes, too. We want our loved ones to thrive and survive. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you. All right. That's all my questions.
- Marie Alvarado-Gil
Legislator
Any other questions? Senator.
- Rosilicie Ochoa Bogh
Legislator
One last question. Madam Chair, you may indulge me just a tad. So, one last question on. Would your. Bill for the record, for the public, for the county, would it limit to family caregivers, such as your witness and support, or is it open to any visitation to anyone, the capacity in which they will be coming in, would there be a purpose other than or multiple, or is it just one person, one caregiver at a time?
- David Alvarez
Legislator
So it could be limited to one caregiver. That is the case. We have gone back and forth on designating versus non designating. I'm going to ask Mister Chicotel if you can remind me our latest version of the Bill when it comes to the visitation requirements.
- Tony Chicotel
Person
Sure. At this time, the Bill doesn't refer to designated support persons, but that is the recommendation of canner, my organization, to go that route.
- Unidentified Speaker
Person
So we don't have any. It's not in here.
- Marie Alvarado-Gil
Legislator
No.
- David Alvarez
Legislator
Yeah. And if I recall correctly, you don't see facilities listed as opposition to this Bill. And that was precisely one of the things that they had concerns with having to go through a process of like identifying and keeping tabs and records of who signed up to be the official person in order to facilitate that.
- David Alvarez
Legislator
Because again, in reflection, the time of such a scenario, crisis, I'll call it even. They don't want to be burdened with the task of having to figure all that out and also allowing folks to come in and visit.
- David Alvarez
Legislator
So in exchange of, again, trying to come to a point where I had support from multiple stakeholders, we said, okay, let's not put the burden on the facilities, the long term care facilities, to have this keeping of tabs. And that's how we got to where we are today.
- Rosilicie Ochoa Bogh
Legislator
But the designated person could be actually be designated prior to or when, at the point when the seniors actually have entered into the facility, right?
- David Alvarez
Legislator
Yeah, correct.
- Rosilicie Ochoa Bogh
Legislator
Okay.
- Marie Alvarado-Gil
Legislator
Good. So I still struggling with this one. I think part of it is because we've had the Bill for a little over a week, and I tend to be very proactive to put forward questions and amendments, and I don't think we were able to get that done in the timeframe.
- Marie Alvarado-Gil
Legislator
Knowing that this is not going to be double referred. It sounds like, you know, it's going to be difficult for us to make some of those amendments for clarity in terms of where the Bill is. So I'm wrestling with this one right now.
- Marie Alvarado-Gil
Legislator
I think what we do, what we'll do is we'll have you close, we'll continue moving forward. I think we're going to be here for a few more hours, so stay tuned, folks. So I will go ahead and close.
- David Alvarez
Legislator
Yeah. Thank you very much. Appreciate both of you, both of the Members of the Senate who are here at this Committee asking questions. I think that's a good way of trying to understand what we're trying to accomplish.
- David Alvarez
Legislator
And as I said in the beginning, what we're trying to accomplish is to find a balance between making sure that we have good public health for the General public, but also good health for those who are in care.
- David Alvarez
Legislator
And if you know anyone who's ever cared, I say it this way because it was an honor for me to care for my father at the end of his life. If you know anyone who's ever cared for someone, it's really an honor to do that.
- David Alvarez
Legislator
And to be find yourself in the circumstance where you cannot offer that love and that care, particularly at that time in their lives, which is as important as any other time in their life, is really, really a difficult thing. To prohibit that from our citizens in California. This was, I think, as thoughtful as you can get.
- David Alvarez
Legislator
There was an attempt to do this law this way a couple years ago. I think the Legislature, rightfully so, said go and study. It created a work group. They met for months. It included all stakeholders. Their recommendations, I would say go beyond even the recommendations that I have in this Bill.
- David Alvarez
Legislator
To the extent that I think some of them who were participating in that, who really were in earnest trying to find the right pathway forward, I want to acknowledge them for still being okay with moving forward with this, even though it is more limiting than what the experts who were put together as required by the Legislature to give us recommendations did that we took those recommendations.
- David Alvarez
Legislator
We've worked them through. We've narrowed it to make sure we maintain that balance that I think we're all striving for. Certainly there will be rare circumstances. I don't think you can legislate your way through every rare circumstance.
- David Alvarez
Legislator
So we're trying to really hard find a way forward so that individuals who want to care for their loved ones have an opportunity to do so to augment our public health workload. That oftentimes, unfortunately, falls on the shoulders of individuals who are working really hard in really difficult circumstances, as they are in facilities like that.
- David Alvarez
Legislator
So I would respectfully ask that you support everyone who has ever had a loved one who will unfortunately, probably be more of these cases as California becomes grayer. Right. In the next seven years, something like 20 plus percent of the population will be over the age of 65 in California.
- David Alvarez
Legislator
This is an attempt to address what will likely become a bigger issue. Whereas more of us having family members that are receiving care, and I think more of us wanting to have access to them, the Bill has a safeguard so that if really is that big of an emergency, there's a backstop to it.
- David Alvarez
Legislator
And if it reaches that level, then the access will not be there. I think, again, to what some folks think the detriment is of those who are receiving care. So with that, I'd respectfully ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Beautifully said, Assemblymember. Thank you so much. Are you prepared to give a motion?
- Rosilicie Ochoa Bogh
Legislator
Certainly.
- Marie Alvarado-Gil
Legislator
It's just you and I. Yes.
- Rosilicie Ochoa Bogh
Legislator
We can.
- Marie Alvarado-Gil
Legislator
That's why I ask.
- Rosilicie Ochoa Bogh
Legislator
I can make a motion. But that would finish the dialogue, right?
- Marie Alvarado-Gil
Legislator
That would, yeah, but we're gonna have to move on. Unless you have some more questions.
- Rosilicie Ochoa Bogh
Legislator
Nope, I. Well, actually, yes.
- Marie Alvarado-Gil
Legislator
Okay.
- Rosilicie Ochoa Bogh
Legislator
Since we're gonna end the discussion, I'm just gonna.
- Marie Alvarado-Gil
Legislator
Yes, let's go and do one more. Alvarez, Yeah, let's give them the time.
- Rosilicie Ochoa Bogh
Legislator
So. Sorry. Just hopefully my last question. Unless somebody answers and something else pops up.
- Rosilicie Ochoa Bogh
Legislator
But I think you're so all of these loose end questions that we have that we haven't addressed here today that kind of haven't tightened things over a bit. If we don't address them now and here in this Committee moving forward, what happens?
- Marie Alvarado-Gil
Legislator
The Bill was due moved to appropriations, passed to pass to appropriations. So, I mean, the Bill can take.
- Rosilicie Ochoa Bogh
Legislator
But no amendments have been offered or considered moving forward out of this Committee into the next one.
- Marie Alvarado-Gil
Legislator
That's correct.
- David Alvarez
Legislator
If I may interject, Madam Chair, please. At that point, appropriations, as you know, has the authority to make amendments or not move the Bill forward or not. So I would encourage, if you have thoughts about what changes are required to make those thoughts known, and certainly I'll take them into consideration as well.
- Rosilicie Ochoa Bogh
Legislator
So, in good faith, I'm going to make a motion to move the bill forward. And then in hopes that you may be able to work a little further on some of the concerns that were expressed in Committee today in the next one, and then I will reserve my right to reassess the bill when it comes to the Senate Floor.
- Rosilicie Ochoa Bogh
Legislator
I'm hoping that there might be some leeway, some middle ground there between some of the concerns that we expressed here as Committee Members in Appropriation.
- David Alvarez
Legislator
Absolutely. And if you will follow up to make sure we specifically understand what those concerns are.
- Rosilicie Ochoa Bogh
Legislator
Sure.
- Rosilicie Ochoa Bogh
Legislator
Are you okay with that, Madam Chair?
- David Alvarez
Legislator
Thank you.
- Marie Alvarado-Gil
Legislator
I'm perfectly okay with it. That's why we're the Human Services Committee, because we are human in terms of how we approach our bills. Right. All right, so we already closed. I am going to close off the discussion now. And then we have a motion from Senator Ochoa Bogh. Assistant, please call the roll.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File item nine, AB 2075. Motion is do pass to Appropriations Committee. [Roll Call]
- Marie Alvarado-Gil
Legislator
Ayes two. We will leave it open for our Committee. Thank you so much for being here. All right, let me take a stretch break. I think I saw Assemblymember Wicks. Yes, hello. Assemblymember Bonta's here.
- Marie Alvarado-Gil
Legislator
We'll do it again. Did you even say it was. I didn't say it was out. No, you didn't. No, I didn't. Right. Okay, we're good. None are out. Okay, perfect. All right. A little technical difficulties on this side. Thank you so much. Assemblymember Wicks, we have you for item number seven, Assembly Bill 1961. When you're ready.
- Buffy Wicks
Legislator
Thank you, Madam Chair and Member. First, I want to accept the Committee's amendments and thank your staff for their work on the bill and the conversations you and I had on this, Madam Chair. AB 1961 will require the strategic growth Council to establish and convene the end hunger in California Master Plan Task Force.
- Buffy Wicks
Legislator
This task force will recommend future strategies to address access to healthy and culturally relevant food for all Californians. Addressing barriers to accessing adequate, nutritious, and culturally appropriate food requires a comprehensive approach beyond short term fixes.
- Buffy Wicks
Legislator
By convening experts, stakeholders, and community leaders, we look forward to crafting a holistic plan that tackles the root cause of food access and insecurity and creates sustainable solutions. I want to thank our sponsors, the UFCW, Western States Council, California Food and Farming Network, and Grace and Poverty California. I'll let my witnesses self introduce themselves to do testimony.
- Buffy Wicks
Legislator
And I'd also just say that if we are able to do this, this will be the first time in history in California that we're doing this on this issue. And obviously, I think hunger permeates all of our communities, suburban, rural.
- Buffy Wicks
Legislator
There's obviously a disproportionate impact on communities of color, given some of the poverty issues that our communities face. But having a holistic approach, I think is the right way to tackle an issue that there's no reason why we should have hunger in the State of California.
- Buffy Wicks
Legislator
And I view this as one of our most basic human rights is access to good, nutritious food. So with that, respectfully ask for an aye vote, and we'll love to have my witnesses testify.
- Marie Alvarado-Gil
Legislator
Thank you so much. We'll give you about two minutes each. Okay? Thank you.
- Ezer Pamintuan
Person
Thank you, Chairperson Alvarado-Gil. And thank you, Vice Chair, Ochoa Bogh. And my name is Ezer Pamintuan. I'm the senior policy advocate with Alameda County Community Food Bank, or ACCFB, based in Oakland. Pandemic emergency declarations may have ended, but make no mistake, hunger is still an emergency.
- Ezer Pamintuan
Person
Around one in four Alameda County residents are experiencing some level of food insecurity. Seven in 10 living in poverty are people of color, and nearly one in five seniors live at or near the poverty level. Alameda County Community Food Bank is on the front lines responding to this hunger crisis.
- Ezer Pamintuan
Person
Our fiscal year ended yesterday and pending finalized June numbers, we will have distributed more food last fiscal year than any other of our 40 years of existence, 59.4 million pounds higher than our peak pandemic year. ACCFB provides nearly 1 million meals every week through our network of over 400 partners.
- Ezer Pamintuan
Person
Our CalFresh outreach efforts help more than 4000 households buy the food they need most from grocery stores. Yet food banks are bearing the brunt of public sector cuts. After CalFresh emergency allotments ended in spring 2023, our helpline experienced a 124 increase in call volume when comparing February 2024 to February 2023.
- Ezer Pamintuan
Person
But despite these challenges, ACCFB remains committed to the principle that food is a basic human right, and that is why we support AB 1961. We're working not just to alleviate hunger, but to eradicate hunger, and this will take partnership across the state and across sectors, centering community members with lived experience with hunger.
- Ezer Pamintuan
Person
It will involve tackling systemic racism, poverty and other forms of inequity ending hunger is an immense undertaking and it requires smart, equitable policy to take the first step to achieving it. And for these reasons, I respectfully urge your aye vote on AB 1961.
- Marie Alvarado-Gil
Legislator
Thank you so much. Under two minutes. I love it. Thank you. Move forward.
- Samantha Wilkinson
Person
Hi Sam Wilkinson, senior policy associate with GRACE & End Child Poverty California. Thank you Chair and Committee Member, and many thanks to Assemblymember Wicks for your fantastic leadership and poverty related hunger. Simply put, no one in our great state, the fifth largest economy in the world and the state that feeds the world should go hungry.
- Samantha Wilkinson
Person
Yet hunger is at shocking levels in California, reaching 28% of all households with children and with shameful racial inequities. Half of black families with children are food insecure compared to 21% of white families. The good news is that we know it works, particularly on the human services side.
- Samantha Wilkinson
Person
We saw the historic impact and power of pandemic era policies to prevent hunger and the predictable consequences of hunger soaring to these levels once they expired. We know what works, but we need a plan to get there.
- Samantha Wilkinson
Person
AB 1961 delivers the comprehensive whole government approach needed, bringing together not just DSS but CDE for school meals, CDFA and other agencies that touch our food and nutrition system. Many of these solutions will improve our drawdown of federal resources.
- Samantha Wilkinson
Person
Right now, CalFresh is at 71% enrollment, meaning that we are leaving 3.5 billion in federally funded food benefits on the table and some 2.7 million Californians not accessing that food aid. WIC participation is even lower at 65% and many of these solutions matter most to rural food producing regions like your district, Chair.
- Samantha Wilkinson
Person
For example, every $1 in CalFresh benefits generates as much as 1.8 GDP, and every 1 billion in benefits creates more than 10,000 jobs, farmworkers, truckers, grocery workers and others across our vital food economy. Again, I thank Assemblymember Wicks for leading this effort and ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Great. Thank you so much. Any members of the public wishing to express their support, come on over.
- Rebecca Gonzales
Person
Thank you. Good afternoon, Rebecca Gonzales with the Western Center on Law and Poverty in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Jazzy Graywell
Person
Jazzy Graywell with UFCW Western States Council proud co-sponsor in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Keva Dean
Person
Keva Dean, Contra Costa Solano Food Bank in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Sharon Gonsalves
Person
Sharon Gonzalez with the City of Merced in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Marie Alvarado-Gil
Legislator
Kim Lewis of the California Coalition for Youth in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Nika Maslin
Person
Nika Maslin with the Mesa Verde Group on behalf of the Consumer Federation of California in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Kellie Flores
Person
Kellie Longo Flores with the California Association of Food Banks proud co-sponsor and in strong support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Beth Smoker
Person
Beth Smoker with the California Food and Farming Network, also a proud co-sponsor and in support. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you.
- Betsy Montiel
Person
Good afternoon, Chair. Betsy Montiel with the League of California Cities in strong support of the bill.
- Marie Alvarado-Gil
Legislator
Thank you.
- McKenzie Richardson
Person
McKenzie Richardson, Thriving Families California in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Oscar Sandoval
Person
Good afternoon, Chair and Members. Oscar Sandoval with the Center for Healthy Communities in strong support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Adam Keigwin
Person
Good afternoon. Adam Keigwin, on behalf of No Kid Hungry in support.
- Henry Ortiz
Person
Good afternoon. Henry Ortiz with Community Healers in support. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you so much. It just feels really good. Sorry. A wave of positive energy. Any witnesses here in opposition of the bill that like to be heard today? Please come forward. All right. Members of the public would like to express their opposition to today's bill. Okay. Seeing none, I'll bring the conversation back to the Committee
- Marie Alvarado-Gil
Legislator
Senator, do you have any questions for the author?
- Rosilicie Ochoa Bogh
Legislator
Yes, actually, I do. Hello. Welcome, Member Wicks. So I think it's great we have so many people working on providing meals throughout their state, private, public.
- Rosilicie Ochoa Bogh
Legislator
We have so much that I think it's a good idea to have something that puts everything together and analyzes what's working and not working and gives suggestions on that end to ensure. Actually, my thing is to start addressing the root of the problem of why there is hunger, why the poverty.
- Rosilicie Ochoa Bogh
Legislator
Why do we have so many individuals there? I have an idea, but, you know, if we could put it officially in play, that would be great.
- Rosilicie Ochoa Bogh
Legislator
So my question has to do with the task force, because this bill is, as I read here, would require the Strategic Growth Council, in consultation with specified entities, to appoint and convene the End Hunger in California Master Plan task force to make recommendations for future comprehensive strategies aimed at addressing access to healthy and culturally relevant food of all Californias.
- Rosilicie Ochoa Bogh
Legislator
As with any Department, my biggest thing is that I see we continue to have government agencies and entities grow and grow, and that cost, it's an ongoing cost for the state in which we then have to tax individual families or companies or businesses in order to have that funding to try to fix this problem.
- Rosilicie Ochoa Bogh
Legislator
So ultimately, you know, poverty is, is many a times the reflection of policies that, you know, people are working in California. Many families are working 2, 3, 4 jobs, and they're still struggling financially. The cost of living is really hard.
- Rosilicie Ochoa Bogh
Legislator
So in addressing this issue, I was kind of curious, would there be, would you have considered, or have you considered the timeframe in which they would have to be, in effect, the time frame which they could work to get this task force with the plan that they need in order to develop those strategies?
- Rosilicie Ochoa Bogh
Legislator
Is there a sunset where we say, okay, this is in place for these many years to figure out the strategic plan, and then we implement it and let the other departments, such as.
- Rosilicie Ochoa Bogh
Legislator
Let's see, who do we have, the State Department on Social Services, the secretary of California, Health and Human Services agencies and the governors to continue doing the work per se, or is this an ongoing task force that you see it's forever going to be in place.
- Buffy Wicks
Legislator
So let me unpack that a little bit. I appreciate the question, and I actually view this as a good governance bill as well. Right.
- Buffy Wicks
Legislator
I mean, you know, and I've traditionally carried the budget, ask for the food banks, I think every year, apart from last year since I've been in the Legislature, to the tune of $100 million or more, you know, and those food banks need those resources.
- Buffy Wicks
Legislator
That's like a drop in the bucket of the funds that we invest in this, which I think are critical, not to mention what our counties are doing and so on and so forth. I think the biggest question is, is that working? Are those resources working?
- Buffy Wicks
Legislator
Are they reaching the people that we need them to reach, and if not, why? And so I think you're asking the right question. You know, we want to make sure as taxpayers that our money is getting spent wisely.
- Buffy Wicks
Legislator
And most importantly, we want to actually solve the problem, make sure that our social safety net is really benefiting the people who need it most. And so I think that's one of the main fundamental questions of the task force.
- Buffy Wicks
Legislator
You know, we, you know, on page three, the analysis kind of talks through who specifically would be on the task force. We wanted make sure we had a nice, diverse group of stakeholders, government and non-government, et cetera, people at different angles of this issue.
- Buffy Wicks
Legislator
And this issue touches so many different things from ag to environmental issues to poverty issues, racial justice issues. I mean, there's a whole bunch that kind of comes into play here. So we want to make sure we had, you know, a lot of diverse stakeholders within the bill.
- Buffy Wicks
Legislator
The idea is that the Master Plan will be distributed to the Legislature January 1, 2026 with a series of recommendations. I think it's outstanding around what those recommendations are and then what the cost associated with those would be.
- Buffy Wicks
Legislator
But this would really serve as a center of gravity to have that conversation with the people who are in this space, who are experts in this space around what are we doing and what are we not doing? Well, you know, and how can we make that better? And so I don't view it as another layer of government.
- Buffy Wicks
Legislator
I view it as, let's take a beat and actually understand where we're succeeding and where we're failing and figure out the right policy prescription to make sure that we're succeeding.
- Rosilicie Ochoa Bogh
Legislator
But this still would be a government assigned.
- Buffy Wicks
Legislator
And there's a cost to it. Right. There is, you know, and it's, the cost is on page six of the analysis, and it's 3.71 million for the first year and 2.2 in the second year. You know, and I also, as the appropriations Chair, also recognize the moment that we're in in terms of resources for the state.
- Buffy Wicks
Legislator
And obviously this will, you know, if it gets out today, it'll go through Appropriations Committee here in the Senate as well. I'm really open to potential cost saving measures on what we could do to help bring down that cost or other kind of creative ideas to that end.
- Buffy Wicks
Legislator
And I'm happy to talk with you or others or the Appropriations Chair here and the Senate around that, but I do view a limited investment, I think can have a much bigger ROI on what we're actually doing and how we're actually tackling the problem.
- Rosilicie Ochoa Bogh
Legislator
And I'm perfectly okay with that. I'm just curious as to whether or not you envision this task force to be an ongoing infinitely, or is there a certain time frame that you see, okay, they've done their job. It's completed. Now we'll let the power forces be enact and move forward with the recommendations.
- Rosilicie Ochoa Bogh
Legislator
And then if, you know, there were a need to see it come back in years, you know, forward is.
- Buffy Wicks
Legislator
I think the report itself is going to help determine then what we end up doing. You know, I mean, I doubt it's going to come back and say we're doing everything perfectly. So I think there will be ongoing need, and those are bridges we'll cross when we, when we get there after the announcement.
- Rosilicie Ochoa Bogh
Legislator
I understand that. But once the studies come out and once they come back, you know, usually the legislative audit. Yeah.
- Buffy Wicks
Legislator
I don't know if this has a sunset on it. I can, I can double check.
- Rosilicie Ochoa Bogh
Legislator
Okay. Would you be open to conservation of a sunset period? I'm just saying. Yeah.
- Buffy Wicks
Legislator
You don't want to create more layers that are ongoing and ongoing funding and all that sort of stuff.
- Rosilicie Ochoa Bogh
Legislator
I've seen that in housing and in LA, where we just add more and more. And I just want to make sure that we, I would be happy to support this, but I want to see whether or not there's any measure of.
- Buffy Wicks
Legislator
It is a one time task force, if that's the specific question. Yeah, but I don't know if it has a specific sunset, but it is a one time task force, so. Which means that it would conclude as soon as that we get the report.
- Marie Alvarado-Gil
Legislator
That's right. I would just caution us from negotiating at the dais. Any amendments actively. But just share your thoughts. Conversations. We're having conversations, yes. All right. Any other questions, Senator? I'm good. All right. Thank you. Thank you. I just want to thank the author for working so closely with us to move this bill forward.
- Marie Alvarado-Gil
Legislator
You know, I really have a philosophical question, and it doesn't have to be a long answer, but what would it look like to end hunger in California? What does that look like?
- Buffy Wicks
Legislator
I mean, I think that is the goal. Right? And I think it's not just. I think it's also kind of how you define hunger. I think it also means making sure we have access to nutritious food. Not just food, but nutritious food.
- Buffy Wicks
Legislator
And for me, this is tied together to so many things around outcomes, around education, around housing security. I mean, there's so many pieces that hunger touches.
- Buffy Wicks
Legislator
Which is also why I think this type of task force is important, because I think the idea is that we have that moonshot goal and we think about how we're going to get there.
- Marie Alvarado-Gil
Legislator
Okay. Yeah, I think it's important to ask that question, and I think the task force is going to be tasked with defining that because, you know, we often see movements like the anti-poverty movement. And the question for me is always just like, well, what does that look like once we achieve that right?
- Marie Alvarado-Gil
Legislator
And I think this is a bold and ambitious goal. And, you know, you have the right author to move this forward. And, you know, when we put forward legislation that has a price tag, particularly in a budget year, budget deficit year, we want to make sure that this is then leveraging the investment upstream.
- Marie Alvarado-Gil
Legislator
And so I think certainly that's where we're looking at it here. And I know Assemblymember Wicks, that's how you have framed this and built that as well. So I look forward to seeing the outcomes of the task force. And thank you so much for entertaining our amendments as well.
- Buffy Wicks
Legislator
Of course. Thank you. And respectfully ask for an aye vote.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you so much. Are you open for a motion or you want me to hold? Okay. All right. Happy to make the motion. All right, we'll have a motion from Senator Ochoa Bogue. Assistant, please open the roll.
- Committee Secretary
Person
Bill moved by Senator Ochoa Bogue. File item seven AB, 1961. Motion is do pass as amended to Appropriations Committee. [Roll Call]
- Marie Alvarado-Gil
Legislator
Okay. All right, so we have two ayes, and we will leave that open for our Committee Members. Thank you. Thank you so much for being here. I see Assemblymember Bonta has been very patient. Assemblymember Friedman has snuck in before you. I'm so sorry. But we'll get you next, no matter who comes in the room. Okay?
- Marie Alvarado-Gil
Legislator
And then, Assemblymember Wicks, we do have a vote only for you, but we are going to wait until the end of the hearing. Okay. All right. That was your question. Okay. Got you. Assemblymember Friedman, do you have witnesses with you today? Yes. Okay. We'll have them come forward to the table, please.
- Marie Alvarado-Gil
Legislator
We'll be all ready to go and then get started whenever you're set.
- Laura Friedman
Person
Thank you, Madam Chair and Members. Five million Californians are living in poverty. It shouldn't surprise anyone that California contends with the enduring challenge of having one of the nation's highest living costs. The staggering housing prices, the relentless surge in educational expenses, health care access, and the overall burden of meeting basic needs pose a formidable economic hurdle for a substantial segment of our population.
- Laura Friedman
Person
With these factors and the institutional barriers that make accessing aid programs difficult for many, it's no surprise that California is home to the nation's starkest income and wealth inequalities. Guaranteed income, or GI programs, offer a beacon of hope. GI extends beyond alleviating financial hardship.
- Laura Friedman
Person
It infuses dignity into the lives of those facing economic adversity and grappling with systemic inequities. Thanks to the tireless work of many of the people here in this room, my witnesses, California allocated 35 million dollars to launch the nation's pioneering GI program three years ago with many stakeholders from across the State of California.
- Laura Friedman
Person
Over 25 million dollars in grant funding went to seven district GI pilot initiatives statewide. These pilots aim to provide unconditional, individual, and regular cash payments to disrupt cycles of poverty, promote equity, and meet the basic needs of California residents in pivotal life stages, including those who are pregnant or aging out of extended foster care.
- Laura Friedman
Person
The pilots will assess the impact of economic interventions during these crucial life transitions, building upon the lessons and successes of previous GI projects. It's vital to translate these pilot programs into findings so that we understand how these programs operate, how they work best, and the best way to implement them into the future.
- Laura Friedman
Person
And that's where AB 2263 comes in. Our bill proposes to conduct a comprehensive study on the needed infrastructure, funding mechanisms, and prioritization of populations for statewide GI program in the future to alleviate poverty and promote economic empowerment with the guidance and assistance of a newly created coordinating council. The early data from GI programs is very promising.
- Laura Friedman
Person
With this bill, we'll be setting up the framework to move forward in the future towards a statewide program that will lift vulnerable Californians out of poverty and we'll be able to measure that success. I respectfully request an aye vote, and testifying in support today is Keva Dean and Loren Dalbert. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you so much, and each witness will have two minutes.
- Keva Dean
Person
Good afternoon, Assembly Members. My name is Keva Dean. I'm a resident, a recipient of the Coco Go Big Guaranteed Income Pilot and a member of Comment Studios. I also sit on the Board of Directors of the Food Bank of Contra Costa and I'm an advocate for them as well.
- Keva Dean
Person
I also, last year, retired from Contra Costa in the same building where 26 years prior, I received cash aid benefits. When I joined Comment Studios before I retired, I was not particularly on board with guaranteed income, but last year I was forced to retire due to health concerns. As a result, my income has been cut in half and I began to see its value. My colleague told me that I was someone who did all the right things and yet I found myself in financial difficulties.
- Keva Dean
Person
As a homeowner, I use the GI funds for emergencies such as plumbing needs and to purchase healthy groceries, as I've been tasked with losing 50 pounds so I can get some surgeries so that I can get healed. We know that at this time the aging population are most at risk of financial vulnerability and homelessness.
- Keva Dean
Person
Giving this demographics resources to meet their needs not only gives them dignity, but peace of mind. I urge your strong support in funding AB 2263 so that we can do a deeper dive into how GI can be funded and disseminated for the better of our overall welfare and economy. Thank you very much.
- Marie Alvarado-Gil
Legislator
Thank you.
- Loren Dalbert
Person
Madam Chair, Senators, my name is Loren Dalbert, and I live in Bay Point in Contra Costa County. I'm one of the co-founders of Comment Studios. Comment: the COMM stands for community and the ENT stands for enterprise and we are community entrepreneurs, and we created--and Comment Studios is a community-led restoring neighborhoods program of RCF Connects.
- Loren Dalbert
Person
Now we know that investing in local leaders helps build stronger communities. This knowledge led us to design and implement the Coco Go Big Guaranteed Income Pilot for our county, not to prove the efficacy of GI, but to explore the challenges and opportunities related to implementation as community residents.
- Loren Dalbert
Person
We want to keep our voice centered in the conversation about implementation of guaranteed income. As a twice formerly homeless disabled veteran, I know GI works. For two years in my twenties and for four years in my fifties--I'll leave in the fifties this year--I experienced homelessness due to military trauma.
- Loren Dalbert
Person
And the only reason I am not currently homeless is because I am a participant in a permanent federal government guaranteed income program called VA Disability. Guaranteed income is about more than just financial support. That's the beginning. But it is a powerful tool for nurturing resident leadership and developing local economies, especially in rural and underresourced communities.
- Loren Dalbert
Person
For example, because I have a permanent income floor, I have left five years of homelessness and unemployment behind to become a successful social entrepreneur who is creating new jobs, providing essential services, and stimulating our county's economy, and that is why I respectfully request an aye vote to support AB 2263 to help us explore a statewide GI program that ensures that every California has the financial stability they need to engage, lead, innovate, and collectively transform our state for the better. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you so much. All right. We will open it up to the public. Any members would like to share their position for support?
- Martha Guerrero
Person
Thank you, Madam Chair, Members. Martha Guerrero, representing the Los Angeles County Board of Supervisors, in support.
- Marie Alvarado-Gil
Legislator
Welcome, Supervisor.
- Rebecca Gonzales
Person
Rebecca Gonzales with the Western Center on Law and Poverty, in support.
- Nicole Wordelman
Person
Nicole Wordelman, on behalf of the Children's Partnership, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Rachel Bhagwat
Person
Rachel Bhagwat with ACLU California Action, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Ejiro Okoro
Person
Ejiro Okoro, on behalf of United Way California Capital Region, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Lan Lee
Person
Lan Lay, on behalf of Asian Americans Advancing Justice, Southern California, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Amanda Kirchner
Person
Amanda Kirchner, on behalf of County Welfare Directors Association, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Samantha Wilkinson
Person
Sam Wilkinson with GRACE and End Child Poverty in California, co-sponsoring the bill, in strong support.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you so much. All right.
- Monica Miller
Person
Sorry. Madam Chair, Senator, Monica Miller, representing the National Council of Jewish Women LA, also a co-sponsor with GRACE End Childhood Poverty, but here to provide any technical assistance that's needed. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you so much. Thanks for catching me before I moved on to opposition. You were confusing me there. I says, wait, you're in opposition? Any members--lead witnesses in opposition? No? Members of the public wishing to express their opposition? You walking out? Okay, there we go. All right. We'll bring the conversation back to committee. Questions, concerns? Senator Ochoa Bogh, I pass it to you.
- Rosilicie Ochoa Bogh
Legislator
Just a quick question, I think, for the public. I think it's important to kind of define or make clear what the difference is between having, say, welfare assistance programs and guaranteed income. I think many people would say--well, I'm not going to say, but I'm just saying--I think that is probably something that is on a lot of people's mind is the difference of what we currently have to what you folks are looking forward to having.
- Keva Dean
Person
You can answer if you like.
- Monica Miller
Person
Yeah. So we would agree with you. I mean, I think ultimately the goal of guaranteed income is to provide, to lift people up in all communities, and we know that there is oftentimes sort of that stigma that it's a welfare program, if you will, but we think it's so much more than that and we would define it as so much more than that, quite frankly, and we also believe that as we look both at the federal, state, and local levels, we--trying to decide, how do we make sure that people are eligible for all programs?
- Monica Miller
Person
So, you know, when they come through a welfare office with the county, making sure that they are eligible for all programs, and so, for example, maybe they aren't eligible for some of the social safety net programs that we have out there, but they are eligible for guaranteed income, and so ultimately, the goal is to try and figure out how we determine what they're eligible for and work with our communities to be able to make sure that these programs are in existence right now with the seven pilot programs that are statewide.
- Monica Miller
Person
And then there are many programs that are also in existence that are funded both privately and at local levels. We want to try and scale that at a statewide level and again, work with our county partners to try and make sure that these are one of many of the tools in the toolbox that are available to participants as well as those that are directing individuals to identify what programs that they would most be eligible for. Does that not answer your question? Yeah. Yes.
- Keva Dean
Person
May I say something?
- Rosilicie Ochoa Bogh
Legislator
If the Chair--
- Marie Alvarado-Gil
Legislator
Yes. Do you have--is your question--was your question--
- Rosilicie Ochoa Bogh
Legislator
Not quite.
- Marie Alvarado-Gil
Legislator
Okay. Yeah, let's see if we can address this. Yes.
- Keva Dean
Person
As a person who has received welfare benefits, given out welfare benefits, and received guaranteed income, there is a stark difference in the welfare system and guaranteed income. And one of the biggest differences is dignity. When I received benefits and when I had to give out benefits in the Welfare Department, I found a lot of my clients didn't feel dignified because of the application process, because of the renewal process and having to go through the interviews, but when I applied for guaranteed income, it was a simple process.
- Keva Dean
Person
There was no, it was not undignified, it wasn't very intrusive, and I felt like I was, I felt like I was a human being. I felt like I was actually somebody who had some dignity and some pride. And so I think that there's a stark difference. Now, I think that we also have the conversation.
- Keva Dean
Person
We've had the conversation and we understand as practitioners that we know that when we give out guaranteed income benefits, it might adversely affect welfare or other benefits, and that's an ongoing conversation, and I believe that that may be one of the things that AB 2263 does address.
- Marie Alvarado-Gil
Legislator
Okay. We're going to give you an opportunity to close, and then I'm not going to call for a motion because I need to get some more committee members in the room, but please give us your closing.
- Laura Friedman
Person
Sure, and just to be clear, this bill does not institute a GI program. What it's doing is it's gathering data about the existing pilot programs to see how it's working best and for whom and in what way. One of the differences with welfare is, you know, these are federal programs that often change in terms of who's eligible and sort of what the strings are attached to those payments. Guaranteed basic income is just that. It's basically, it's saying to people, you need a certain amount of money to live.
- Laura Friedman
Person
We're going to guarantee that to you without those strings attached so that you can live with dignity, you can pay your bills, and what the data has been showing is that those people tend to actually thrive and they are able to move up economically. They are able to find employment many times if they're able to.
- Laura Friedman
Person
And it does alleviate the kind of deep poverty that we often see leading to homelessness and other situations that people in California just don't want our community members and our friends and neighbors to have to go through. So it really is about that dignity and about giving people opportunities.
- Laura Friedman
Person
And again, this bill does not set up a GI program, but it helps us to understand the ongoing pilots so that we do know what works and what doesn't to alleviate poverty, which is the bottom line of what these programs are all trying to do to end cycles of poverty.
- Laura Friedman
Person
With that, I want to thank my witnesses for coming here today and giving their really powerful and very personal testimony. Thank you very much. It's really meaningful to, I think, put a voice and a face to what can happen with these kinds of programs, and with that, I would request an aye vote. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you so much. And thank you so much for being here today. So we will move forward the presentation of item number 16, Assembly Bill 2476. Assemblymember Bonta, whenever you're ready. Welcome. Please begin when you're ready.
- Mia Bonta
Legislator
Good afternoon. Chair and Members of the Committee. Childcare is the work that enables all other work. Parents rely on childcare so that they can pursue work or school and build financial stability to provide for their families and businesses rely on childcare to maintain a stable workforce.
- Mia Bonta
Legislator
California currently administers six different voucher based childcare programs, collectively referred to as the Alternative Payment Programs. These programs provide vouchers for families to use for childcare of their choosing. Many of these programs receive funding from the Federal Child Care Development Fund, part of the Child Care Development Block grant.
- Mia Bonta
Legislator
On March 1, 2024, the Department of Health and Human Services published a final rule to make regulatory changes to the Child Care and Development Fund effective April 30, 2024. As part of that final rule, states, territories, and tribes administering programs using child care development funding must use private pay practices.
- Mia Bonta
Legislator
Child care providers require private payers to pay for service upfront before the care is provided to cover their monthly expenses. These providers often use the cost of each child care spot to forecast revenues and expenditures and financially planned for the future.
- Mia Bonta
Legislator
There is therefore a financial disincentive for child care providers to accept subsidized child vouchers as payment will only be received until 21 days after the care has already been provided. To correct this inequity, we must continue to work to align California's subsidized child care programs with the private pay.
- Mia Bonta
Legislator
And in accordance with the recent federal final rule, AB 2476 would close the gap between subsidized child care and the private pay market by enabling childcare providers receiving state vouchers to be paid upfront prior to providing care.
- Mia Bonta
Legislator
I'll now turn it over to Adonai Mack from Child Action and Denyne Micheletti Colburn from Thriving Families California to speak more on the importance of this issue.
- Adonai Mack
Person
Good afternoon, Chair and Committee Members. My name is Adonai Mack and I am the Chief Executive Officer of Child Action, a proud co-sponsor of AB 2476. I'd like to thank you, Assemblymember Bonta, for your leadership on this important issue.
- Adonai Mack
Person
Since 1976, Child Action has been dedicated to educating and empowering families and childcare professionals in Sacramento County. Our programs increase access to child care and improve the quality of childcare services. This Bill will help support our mission by providing the necessary funds to support childcare businesses and keep their doors open.
- Adonai Mack
Person
It also addresses an equity issue as we serve thousands of children from families in this county, the vast majority of whom are families of color. By ensuring an upfront payment for child care providers to cover the cost of care for subsidized families, AB 2476 greatly reduces the discrimination these families face when accessing child care.
- Adonai Mack
Person
AB 2476 acknowledges family child care providers as business owners who deserve to be treated as such. And for families, this guaranteed payment levels the playing field by aligning the rules between the private and subsidized markets. With that, I respectfully ask for an aye vote. Thank you so much.
- Marie Alvarado-Gil
Legislator
Do we have any Members of the public. Oh, I'm so sorry. I am so sorry.
- Denyne Colburn
Person
We'll bring it back here. Denyne Micheletti Colburn CEO with Thriving Families California I'm going to keep very brief. I want to thank the author for carrying this tremendous Bill that is really going to give a great deal of relief to childcare providers.
- Denyne Colburn
Person
This policy has been in effect since 1978, where providers have always been reimbursed after the care is provided. Additionally, I want to say that this Bill is going to lift up the private nonprofits in this space that support connecting families to providers.
- Denyne Colburn
Person
Currently, we have over a third of nonprofits who have to tap into a line of credit just to pay the June reimbursements for childcare that's already been provided. This Bill is going to make sure that a lot of these systemic issues are taken care of. It lifts up the needs of families, providers, and those that serve both. Thank you.
- Marie Alvarado-Gil
Legislator
Now. Thank you. Do we have any Members of the public wishing to express their support? Please come forward.
- Genesis Gonzalez
Person
Hello, Genesis Gonzalez. On behalf of Lieutenant Governor Eleni Kounalakis, in support. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you.
- Yadalima Gallon
Person
Yadalima Gallon with Political Solutions on behalf. Of Silicon Valley Community Foundation in support. Thank you. Thank you.
- Rosanna Carvacho Elliott
Person
Good afternoon, Madam Chair and Senators. Rosanna Carvacho Elliott here. On behalf of the Early Care and Education Consortium, in strong support. Thank you. Thank you.
- Clifton Wilson
Person
Clifton Wilson. On behalf of the Napa County Board of Supervisors in support. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you.
- Malik Bynum
Person
Good afternoon, Madam Chair. Malik Bynum with UW AFSCME Local 3930 in partnership and on behalf of childcare providers, United CCPU. We actually don't have a position at this time, but we do appreciate the intent from the author on the notion of prospective payment for child care providers and making sure that they're paid ahead of providing care. We've had ongoing conversation in earnings. Yes. Okay. Thank you.
- Marie Alvarado-Gil
Legislator
All right. Thank you so much. Lead witnesses in opposition. Members of the public wishing to express opposition. Okay, we'll bring questions back to the dais. Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
No questions.
- Marie Alvarado-Gil
Legislator
Okay. I do want to get just some clarification from our author about some late amendments. If you can just tell us a little bit about those amendments. And I understand they'll be going to the appropriation Committee.
- Mia Bonta
Legislator
Yes. I think our amendments are primarily focused on identifying the time or deadline that we need to make sure that this will go into effect. And we're in ongoing conversations with the CCPU to make sure that we come up with a deadline that is responsive to the federal final rule waiver.
- Marie Alvarado-Gil
Legislator
Okay, so the content of the Bill will stay the same. You're just going to refine some of the deadlines? Correct. Great. Thank you so much for that clarification. All right, we have a motion from Senator Ochoa Bogh. Would you like to close?
- Mia Bonta
Legislator
Thank you. California lost more than 1100 licensed child care facilities and nearly 19,000 licensed child care spaces between 2019 and 2021. It is incredibly crucial that we ensure that our child care providers are provided and afforded the ability to have dignity and sustenance in their I service to our children. And with that, I respectfully request your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much. The motion from Senator Ochoa Bogh, assistant please call the roll.
- Committee Secretary
Person
File item 16, AB 2476. Motion is do pass to Appropriations Committee. [Roll Call]
- Marie Alvarado-Gil
Legislator
All right, so that's two ayes, no no's. We will leave it open for the rest of our Committee. Thank you so much for being here. Stretch. Break. Do we see authors? Okay, we are going to go to a five minute recess until we see some authors.
- Marie Alvarado-Gil
Legislator
Recess.
- Marie Alvarado-Gil
Legislator
And we have an author. Hello, Assemblymember Quirk-Silva. And I understand you'll be presenting two items with us today. Item number 15, Assembly Bill 2452 and item number 24, Assembly Bill 2935. For Assemblymember Maienschein. Yes. Thank you. Thank you. Start when you're ready. Yes.
- Marie Alvarado-Gil
Legislator
If you do have any witnesses, we'll have them come forward.
- Sharon Quirk-Silva
Legislator
I'm going to do my bill first.
- Sharon Quirk-Silva
Legislator
Good afternoon, Madam Chair and Senators. Today I present Assembly Bill 2452. I'd like to start by thanking the Committee consultant for the work on this bill.
- Sharon Quirk-Silva
Legislator
This bill will standardize a monthly payment for transportation costs for individuals participating and the California Work Opportunity program, Welfare to Work program, who are already approved for transportation support transportation. Supportive services provided by CalWORKS often come in the form of bus passes or mileage reimbursement payments from the local administering county Welfare Department.
- Sharon Quirk-Silva
Legislator
These services are largely funded by the Federal Government. This bill will help lessen administrative burdens for county welfare administrators and streamline transportation reimbursement for qualifying program participants. This standardized payment will better provide low income individuals and families the transportation support resources they need for required program activities.
- Sharon Quirk-Silva
Legislator
Providing these payments in a timely manner will make sure individuals are able to get to school or work, giving them the opportunity to fulfill CalWORKS requirements successfully. With me today to provide testimony and answer any questions the Committee may have is Mr. Christopher Sanchez on behalf of the Coalition of California Welfare Rights Organizations.
- Marie Alvarado-Gil
Legislator
Hello, Mr. Sanchez. Welcome. Give you two minutes to give your best presentation.
- Christopher Sanchez
Person
Sure. Good evening, Madam Chair and Members. Christopher Sanchez with the mess have group here on behalf of the sponsor, the Coalition of the California Welfare Rights Organizations who are in strong support of this measure that lessens the ministry administrative burden for CalWORKS recipients and county human service agencies.
- Christopher Sanchez
Person
Over the years, the legal service community has expressed their frustration about the amount of hoops that CalWORKS recipients have to jump through to receive a reimbursement for travel expenses that they're eligible for.
- Christopher Sanchez
Person
In fact, a recent report released by the California Commission of the Status of Women and Girls and the Golden State Opportunity titled Everything at Once, mentioned that in general recipients of public benefit programs expressed that they would save more time and energy not trying to request reimbursement for various services because they would have used that time and energy elsewhere that would have been more productive for their families, and the data supports this.
- Christopher Sanchez
Person
According to the data from CDSS, in September of 2023, there was about 26 counties that had less than 50% of CalWORKS recipients who had access transportation funding in both rural California and highly populated counties such as Los Angeles and San Francisco.
- Christopher Sanchez
Person
The requirements for reimbursement do not take into account the life factors of Californians who are living today in these times, who are trying to meet their basic needs. Additionally, we know that CalWORKS recipients are traveling from home to work, to school, and to childcare to take care of their life and those of their children.
- Christopher Sanchez
Person
Just for these reasons, we ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much. Members of the public that would like to express their support, please come forward.
- Rebecca Gonzales
Person
Good evening. Rebecca Gonzales with the Western Center on Law and Poverty and strong support.
- Tiffany Whiten
Person
Tiffany Whiten with SEIU California in support.
- Marie Alvarado-Gil
Legislator
Thank you. Any lead witnesses in opposition to this bill like to be heard? Members of the public that would like to express their opposition. Okay, we'll bring the conversation back to Committee. Have a motion. Question? question for Senator Ochoa Bogh and a motion from Senator Menjivar.
- Rosilicie Ochoa Bogh
Legislator
Thank you. Out of curiosity. One, how do we come up with the $200 reimbursement rate? And number two, in our current system, is there a cap at $200?
- Christopher Sanchez
Person
If I may, Madam Chair, the $200 amount is something that the Assembly Human Service Committee had requested to be placed into the bill. If you look at the legislative history, the author and us believed that 100 would have been efficient.
- Christopher Sanchez
Person
We are currently working with CDSS to try to figure what the current average amount is requested by CalWORKS recipients who currently access the program. And then to the second point, there is currently no cap for this funding.
- Christopher Sanchez
Person
Typically, it is used for public transportation, but you could also use it for, say, auto repairs to your vehicle or so forth. And that's why there's no cap, which is also in the bill as well.
- Rosilicie Ochoa Bogh
Legislator
So in our current system, there's no cap to what you can be reimbursed for. We don't have an average of what the current system is averaging as far as what people are being reimbursed for. And the 200 current dollars that we have in the bill is just kind of randomly placed on there. Or.
- Sharon Quirk-Silva
Legislator
Let me answer that. We initially had 100, but the Chair of the Human Service Committee on the Assembly side asked it to be moved to 200.
- Sharon Quirk-Silva
Legislator
We know in this budget that even $100 stipend might be very steep, but through appropriations, we worked with that Chair as well to make sure we could get this Bill out. I think one of the comparisons I would make is all of us have our own staff who travel, taking us places.
- Sharon Quirk-Silva
Legislator
We know that when they, many times on a monthly basis, turn in their reimbursement forms, that some of them actually don't do that because of the steps that it takes. I know with my team, I've told them several times, don't forget to turn in your reimbursement.
- Sharon Quirk-Silva
Legislator
Otherwise you're in essence, putting money out that you're not being reimbursed for. So the attempt of this bill is to allow them to get this stipend upfront so that they aren't going through these steps through administrative costs in order to get to their jobs or school.
- Sharon Quirk-Silva
Legislator
The price is a little tricky, as we initially were asking for the $100 stipend, but the Chair asked for 200 and they're the Chair.
- Rosilicie Ochoa Bogh
Legislator
Got it. And so out of curiosity, so if they don't utilize, and I'm not sure in what format, you would give the $200 to the recipient, but if they were not to use all of the $200 for their transportation services, does it kind of stay on their account, on their card?
- Rosilicie Ochoa Bogh
Legislator
And is it transferred over as part of $200 moving forward for the following month, or is it something that they can just utilize for something else.
- Sharon Quirk-Silva
Legislator
Like a debit card, is what you're saying? I think those details still need to be worked out exactly how that would look as far as the upfront payment. But I did hear the conversation in this Committee a little while back talking about guaranteed income. So in this focus area, it's for transportation reimbursement.
- Sharon Quirk-Silva
Legislator
But as was mentioned, you know, it could be car repairs, it could be these types of transportation. The focus getting back and forth to work or school and eliminating these multiple times to ask for reimbursement.
- Rosilicie Ochoa Bogh
Legislator
And in your opinion, what are the thoughts with regards to, would this be a cash, check or would it be like a debit card that you would give someone? Is there any idea of how this would be implemented?
- Christopher Sanchez
Person
It doesn't say specifically in the bill, but we imagine that would go through the EBT card that currently exists.
- Rosilicie Ochoa Bogh
Legislator
So potentially say, potentially you could say that, you know, $200 are given to these to the card. If they weren't to use it, it could move on to the following month and be. So if you utilize $150, $50 moves forward, the state could allocate $150 to them and make an equal to 200.
- Rosilicie Ochoa Bogh
Legislator
Or would it be an additional 200 to the 50 and we have $250 on that card.
- Sharon Quirk-Silva
Legislator
I think that there's still some clarifying language that needs to take place as exactly, but I think as far as their monthly allowment on their EBT would be an appropriate way to use those funds.
- Sharon Quirk-Silva
Legislator
Again, focusing on transportation, but we know that there's sometimes additional unforeseen costs that could come up that, you know, transportation is not only a bus or a motor vehicle. It could be a bike. Maybe they need a bike repair, these type of things.
- Sharon Quirk-Silva
Legislator
Thank you, ma'am.
- Sharon Quirk-Silva
Legislator
So it's under the idea of how do we get people that are in these CalWORKS programs back and forth to work and to school.
- Marie Alvarado-Gil
Legislator
All right. All right. We have a motion from Senator Mendravar, so we'll go ahead and call the roll.
- Committee Secretary
Person
File item 15, AB 2452. Motion is do pass to appropriations. [Roll Call]
- Marie Alvarado-Gil
Legislator
Ok, so we have two ayes, and we will keep this open for our colleagues to come and make their votes. Thank you so much, and I apologize. I didn't ask you to close, did I?
- Sharon Quirk-Silva
Legislator
I will let no comment be my close.
- Marie Alvarado-Gil
Legislator
All right. Thank you. I appreciate that. As the evening gets later, I'm going to make more. Yes. Okay. Item number 24, Assembly Bill 2935 you're with me.
- Sharon Quirk-Silva
Legislator
I thought it was AB 20. Yes. Are we okay? Yes. I thought I just heard the name wrong. Okay. Thank you. Madam Chair and Members, I'm happy to present today AB 2935 on behalf of my colleague, Assemblymember Maienschein, which is important legislation to protect foster youth.
- Sharon Quirk-Silva
Legislator
Foster youth are especially vulnerable to having their identity stolen due to the large number of people who have access to their personal information. Each time a foster child changes placements, additional individuals gain access to their information, including their Social Security number.
- Sharon Quirk-Silva
Legislator
Children have always been an attractive target for identity thieves because their credit reports are clean and are often left unmonitored for many years, providing ample time to cause substantial damage to the child's credit.
- Sharon Quirk-Silva
Legislator
Once a foster youth reaches 14, or if they come into the system after the age of 14, current law requires county welfare departments to check with three credit bureaus to see if a credit report exists. Because children should not have credit reports, the existence of report is likely the result of fraud.
- Sharon Quirk-Silva
Legislator
However, our current laws only come into play after a youth has been victimized. This bill seeks to prevent identity theft in the first place by requiring the credit bureaus to automatically freeze an individual's credit reports when they receive an inquiry from a county welfare department regarding a foster youth.
- Sharon Quirk-Silva
Legislator
Placing the automatic freeze will prevent nefarious actors from being able to open accounts in a child's name. With me to testify and support is Jessica Heldman with Children Advocacy Institute.
- Jessica Heldman
Person
Thank you. Good evening, Madam Chair and Committee Members, I'm Jessica Heldman. I'm a Professor at the University of San Diego School of Law and its Children's Advocacy Institute. The Institute is pleased to co-sponsor AB 2935. The bill was actually the idea of former foster youth themselves, who had suffered from identity theft.
- Jessica Heldman
Person
One of these former foster youth wanted to testify today, but could not. So she's asked me to share her statement, which I will read with your permission.
- Marie Alvarado-Gil
Legislator
Yes.
- Jessica Heldman
Person
My name is Kira Endoso. When I was 15 years old, I went into foster care. At 17, I started to save up to move out. It was then that I learned that I needed a decent credit score to rent an apartment. But my credit score was 319. I had delinquent accounts for the past 16 to 17 years.
- Jessica Heldman
Person
I discovered that my biological father had been opening accounts using my Social Security number since I was an infant. Shortly after I turned 18, my foster parents handed me all of my belongings in a trash bag in the middle of the night and told me to leave. I had nowhere to go.
- Jessica Heldman
Person
I ended up living in a car. I couldn't rent an apartment, and I worked four jobs to combat the impact of my low credit score. I spent countless hours on the phone. I wrote endless appeals, the same documents, the same story over and over.
- Jessica Heldman
Person
My experience dealing with the bureaus was cold and impersonal, and all of this work took several overwhelming years. Did I finally bring my credit score back up? Yes. But does what happened to me still impact me today? Yes. My brother, in fact, ended up committing suicide at 20 years old.
- Jessica Heldman
Person
And I didn't learn until after he passed that he had also been victimized by our father's identity fraud. I hope we can all come together today so less foster children have to suffer. On behalf of Kira and the other former foster youth who put forward the solution proposed by AB 2935, I respectfully ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you very much. Just one test, one witness or two?
- Marie Alvarado-Gil
Legislator
Just for questions.
- Marie Alvarado-Gil
Legislator
All right, thank you. Members of the public that would like to share their support, please come forward. Okay, any lead witnesses in opposition, please take a seat. We'll get it turned off.
- Randy Pollack
Person
Great. Thank you. Madam Chair, Members of the Committee, Randy Pollack. On behalf of the Consumer Data Industry Association, and we are in total agreement that a file should be locked down, especially for our foster youth, to make sure that fraud does not occur.
- Randy Pollack
Person
Our one concern with the bill is that the bill calls for the automatic removal of that freeze at age 18. So we're very concerned about that. We believe it should be up to the foster youth and the protected consumer to determine when that freeze should be lifted.
- Randy Pollack
Person
Because if you had fraud committing at 17 years old, there's a good chance that 18 years in one day, it still could be tried to be committed by those family members who may be trying to take advantage of you.
- Randy Pollack
Person
We believe there's a variety of information out there that helps people describe how to lift a freeze because we have things in place where, for example, you can lift the freeze for a particular creditor, you could lift it for a certain amount of time.
- Randy Pollack
Person
The Attorney General has information about freezes, of how you go about placing a freeze, removing a freeze. You have, the United States government has lots of brochures about this. So we believe a better way of approaching this would be providing that foster youth information about how to remove a freeze when they want to in the future.
- Randy Pollack
Person
And for those reasons, that's why we're opposed currently. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you very much. Any members of the public wish to express their opposition? Okay, we'll bring it back to Committee. Senator, any questions or concerns?
- Rosilicie Ochoa Bogh
Legislator
I would love to hear maybe from the author, with regards to the concerns that are being brought up of extending the timeline, I will say that Assemblymember Maienschein is the author.
- Marie Alvarado-Gil
Legislator
That's right. So I don't know. Assemblymember Ochoa Bogh, if you feel comfortable taking the questions, or we can throw. It to. Put it out there and. See what we can do.
- Sharon Quirk-Silva
Legislator
No. And I have some question answers here. Very good. We'll toss it out. Yeah.
- Edward Howard
Person
Thank you, Madam Chair Members and through the Chair, Senator, my name is Ed Howard. I'm Senior Counsel for the Children's Advocacy Institute at the University of San Diego School of Law.
- Edward Howard
Person
Regrettably, our foster youth are in utterly no position when they turn 18 years of age to be able to engage in a complicated, in any kind of huge financial transactions on their own.
- Edward Howard
Person
The story that you heard about the young woman turning 18 and being given a trash bag to put her belongings in and having to sleep in her car, I can assure you that she has neither the sophistication nor band personal bandwidth to be able to figure out how to remove a credit freeze, whether a credit freeze works, and how to remove one.
- Edward Howard
Person
And so requiring the foster youth to themselves remove the credit freeze instead of having it automatically expire when they turn 18 is something that, regrettably, just, it will not happen.
- Edward Howard
Person
And so by the time, what will end up happening is the credit freeze will endure long past their 18th birthday, long after they've applied for an apartment and been denied and not know why, long after they've applied for a job and been denied and not know why.
- Edward Howard
Person
These children, what we do to them at 18 is appalling and we can't ask them when consumers, you know, right now, as a consumer, if I want to put a time frame by which my credit report will expire or credit freeze will expire in the future, all three bureaus permit me to do that. So.
- Edward Howard
Person
But that's the reason why we've respectfully declined to take that amendment.
- Rosilicie Ochoa Bogh
Legislator
Interesting. I guess my, okay, so I can see why the concern of not having the ability or the knowledge to be able to do that on their behalf, I guess my follow up, if not through the Chair, is with the opposition. How would they, that's a valid concern.
- Rosilicie Ochoa Bogh
Legislator
So I'm just kind of curious as to the opposition and how would they respond to the concern expressed.
- Marie Alvarado-Gil
Legislator
Like opposition to answer.
- Randy Pollack
Person
Thank you, Madam Chair. The answer is that to remove a freeze, you can make a phone call and within hour they're supposed to remove that freeze. If you do a mail, it's supposed to be within three days. They're supposed to remove that freeze from you.
- Randy Pollack
Person
If you would just Google on your phone today unlifting a freeze, you will see a variety of websites that come up. As a matter of fact, the Attorney General's Office and some of these sites actually give you the letter if you want to write something in of what you actually write.
- Randy Pollack
Person
They also give you the numbers for all the credit bureaus for you to call. So we believe the information is out there. We understand the predicament about the foster youth, especially going out, but we're more concerned about having let them make the option of if they want the freeze lifted as opposed to have it automatically removed.
- Randy Pollack
Person
That's all we're saying.
- Jessica Heldman
Person
May I make a.
- Marie Alvarado-Gil
Legislator
I just want to respond. So I did Google. So I'm just going to read here. It says, to lift a credit freeze, you can contact each of the three major credit bureaus. So you have to follow through with all three online, by phone or by mail.
- Marie Alvarado-Gil
Legislator
You can also set up account with each bureau to freeze or unfreeze your credit to manage that. You'll need to provide the start and end dates for a temporary lift. There is an eight hundred number to call. You have to establish a pin submit and written request. So I don't see anything in here that says 24 hours.
- Marie Alvarado-Gil
Legislator
So is that.
- Randy Pollack
Person
Yeah, it's the law that if you want to lift the freeze, it's within an hour by a phone call, within an hour. And if you want to place it. It's within a day.
- Marie Alvarado-Gil
Legislator
I see this. Credit bureaus must lift a freeze within 1 hour, online or by phone, and within three business days by mail. When you lift the freeze, you can also specify how long you want the credit report to be available. A week is usually enough time for potential employee blah, blah, blah.
- Marie Alvarado-Gil
Legislator
Okay, that was AI, by the way. And then each of the credit bureaus has, you know, prominent how to unfreeze.
- Edward Howard
Person
Through the Chair. 40% of the children are homeless. These are homeless youth who have never had a job, in all likelihood, who have no adult in their lives. No adult in their lives to ask for advice. This is what we do to them.
- Edward Howard
Person
I've known Mr. Pollock longer than I care to admit, but it is impossible to imagine adding on to the burden of an abused and neglected traumatized child that we have thrown to the street at 18 years old to try and find food, to try and find shelter, to try and find healthcare, who is absolutely terrified every night.
- Edward Howard
Person
To add on to that, any kind of financial transaction that involves credit bureaus that I assure you they do not know exist. And that is, respectfully why, especially when regular retail consumers can request that a credit freeze be ended by a date certain.
- Edward Howard
Person
We're just talking about the date certain here being the 18th birthday.
- Marie Alvarado-Gil
Legislator
Thank you. Other questions? Concerns?
- Rosilicie Ochoa Bogh
Legislator
So basically, you folks want to limit to 18. The credit bureau wants to extend it to beyond that date. You want to automatically do it by the 18th birthday? You want to continue it till.
- Randy Pollack
Person
We would just continue. If the youth wants it lifted, they should just be asked, would you like us to lift your credit freeze at 18?
- Rosilicie Ochoa Bogh
Legislator
But that's assuming that they know that they have a credit.
- Randy Pollack
Person
Well, no, they're all going to have a credit freeze because it's already frozen. So this is why they're doing it. So parts of this bill is to make sure that those files are frozen for those in foster youth, if you're 15 or 16. So all we're saying is that let the foster youth make that decision.
- Randy Pollack
Person
Do you want us to lift the freeze as you're exiting foster youth, or do you want to have it remain in place? We're saying instead of automatically releasing it for everybody.
- Rosilicie Ochoa Bogh
Legislator
Okay. And if I understand correctly, the witnesses in support of the current version of the bill state that it's too much, that they would not be financially literate to know that they won't have a freeze. And number two, that they would have the capacity to do it, is that is that what I'm understanding?
- Edward Howard
Person
If a friendly amendment to that, Senator, the freeze could be put on when there are an infant, they may not really know. They may live their whole lives in foster care, happily protected from further identity theft if this bill becomes law.
- Edward Howard
Person
But by the time they turn 18, they may not even have been aware that the freeze was put on in the first place. And again, the idea of giving these children any more one thing to do, do when they're looking for food and shelter and are terrified when we can.
- Edward Howard
Person
And when the bureaus do lift freezes by date, certain for you and me, if we have the sophistication to ask for them, that's the.
- Rosilicie Ochoa Bogh
Legislator
Okay, so, Madam Chair, if I may just clarify. Yes. So we have the enacted security frozen, required by the state to do that, and then, in your opinion, should end automatically with the time they turn 18.
- Rosilicie Ochoa Bogh
Legislator
It's been my experience in the past, you know, this is my fourth year, that many of the bills that we've done in order to protect our foster youth have been expanded until probably age 22. Some, I think some 26 are some of the age expansions that we've done, expanding some of the protections for foster youth.
- Rosilicie Ochoa Bogh
Legislator
So the only thing I would say to counter that and maybe consider even expanding it would be that if the state is putting in all of these protections on their behalf, it also falls upon the state to let them know this is, you know, you're about to turn 18. This is what you have to do.
- Rosilicie Ochoa Bogh
Legislator
Do we not have anything in place right now that allows.
- Marie Alvarado-Gil
Legislator
Yes, we have public law 11234 which requires that at age 16, they receive a free copy of any credit report pertaining to their youth. So on an annual basis, basis until they're discharged. So there's an assumption there that they could potentially have two credit reports.
- Marie Alvarado-Gil
Legislator
Now, the question is, once it's provided to them, are they given the support to understand what it actually is? Because that would show whether there's a freeze on there and then what to do. Okay, but the question is the what to do.
- Rosilicie Ochoa Bogh
Legislator
In our current system, their foster care, who's the person that cares for them? The social worker. The social worker.
- Marie Alvarado-Gil
Legislator
So CDSS. We don't have CDSS here with us to be able to give us a overview. I will say this, that some legislation that we have coming to us this year is around financial literacy for high school age.
- Marie Alvarado-Gil
Legislator
So I would even say just non foster youth have zero idea what a credit report is and the impact until they have to use it for something. Right. I think there's real extreme cases.
- Marie Alvarado-Gil
Legislator
And, you know, I do agree that there are situations where, you know, they transition at 18 and we expect them to be full fledged adults. Right. So. And you and I have had these conversations before.
- Rosilicie Ochoa Bogh
Legislator
We have. Absolutely have. Okay, I think I'm done.
- Marie Alvarado-Gil
Legislator
Okay. All right. Would you like to close?
- Sharon Quirk-Silva
Legislator
Well, it is quite interesting, as I'm not the author, but I'm hearing all of this, so I would just simply weigh in. That, again, reminds me of, we expect certain things at certain milestones, but we know that there's lots of reasons that people don't hit those.
- Sharon Quirk-Silva
Legislator
And I would just compare it to veterans where they leave with this many things to do related to exiting and accessing their benefits. And then we say, why didn't they do all of those things? And why do we have homeless veterans? And many times it's so many things that they have to do that they don't even do.
- Sharon Quirk-Silva
Legislator
You know, items 1, 2 and 3, and I 1000% agree that foster use leaving. They simply don't have the support systems that our own children have. They don't have a mom or dad after they're 18 saying, hey, did you do that? So forth.
- Sharon Quirk-Silva
Legislator
And yet we can't even assume that they have a cell phone or Internet to get on a computer to do all these things. So anything we can do to get them off on the right track after they turn 18, I support, and I hope that you will support it as well.
- Marie Alvarado-Gil
Legislator
All right. Thank you so much. Are we ready to entertain a motion? I heard Senator Ochoa Bogh with a motion over here to the right. Assistant, please call a roll.
- Committee Secretary
Person
File item 24. Bill number AB 2935. Motion is do pass. [Roll Call]
- Marie Alvarado-Gil
Legislator
That's two eyes, and we'll leave that open. Thank you so much. Thank you for being here.
- Marie Alvarado-Gil
Legislator
All right, I think I saw. zero, family Member Calderone, welcome. We'll have you come forward. Just make sure, make sure. 20. We have two bills today. Item number 20, Assembly Bill 2752. And item number 21, Assembly Bill 3193. We'll have you start with item number 20 when you're ready. Thank you.
- Lisa Calderon
Legislator
Good afternoon, Madam Chair and Senator. I would like to begin by thanking the committee for working my staff on this bill, AB 2752. I will be accepting all the committee amendments. Assembly Bill 2752 would require the juvenile court to set the frequency and duration of family visitation at the initial petition hearing when a child is first placed in the California welfare services system.
- Lisa Calderon
Legislator
At subsequent hearings, the bill requires the court to order unsupervised family visits unless the court finds that unsupervised visitation will harm the physical or emotional health of the child. With me in support of AB 2752 is Julia Hanagan, who serves as a policy director and lead attorney for Dependency Legal Services, and Dave Shuster, the Mentor Program Manager for Dependency Advocacy Center.
- Marie Alvarado-Gil
Legislator
Hello. Welcome.
- Dave Shuster
Person
Thank you.
- Julia Hanagan
Person
Thank you. Good afternoon. My name is Julia Hanagan, and I am the Policy Director for Dependency Legal Services. We represent parents and children in six counties in California. Over the last 12 years, I have represented parents and children in juvenile dependency court throughout these counties.
- Julia Hanagan
Person
Dependency Legal Services is proud to co-sponsor AB 2752. Family separation inflicts profound damage on children and parents. Children often experience fear, anxiety, sadness, anger, and confusion. Visitation is not only the linchpin of successful reunification and restoration of the family unit, but it is also critical to mitigating the trauma of family separation for children. By ensuring that children in care continue to have meaningful access to the people they know and love most, their parents, family time promotes repair and stability and fosters healthy relationships and attachments.
- Julia Hanagan
Person
Under current law, there is almost no guidance for the courts regarding visitation. As a result, courts often default to supervised visitation orders, which are often unnecessarily restrictive, difficult to schedule, uncomfortable and unnatural for families, and costly for the department.
- Julia Hanagan
Person
With the most recent amendments, the language of 2752 mirrors the federal guidelines put out by the U.S. Department of Health and Human Services's Administration on Children, Youth, and Families regarding visit supervision. The guidelines highlight that children with more frequent contact with family have improved well-being, fewer behavioral problems, higher reunification rates, and expedited time to permanency.
- Julia Hanagan
Person
The federal guidance also make it clear that the primary purpose for visitation is to facilitate family time. It is not to assess or test parents. That said, there is nothing in this bill that would prohibit the department from scheduling time to observe and obsess parent-child interaction.
- Julia Hanagan
Person
There is also nothing in this bill that would prohibit departments in the appropriate case for recommending services as part of the case plan, services designed and proven to address parent and child interactions such as parent-child interactive therapy. Family time visitation should only be supervised when necessary to protect the child in reunification from a present danger of harm, which is the standard in AB 2752. For these reasons, I respectfully ask for your aye vote today.
- Dave Shuster
Person
Good afternoon, Honorable Chair and Committee Members. My name is Dave Shuster. I am a former parent in the dependency system and I now manage Dependency Advocacy Center's Mentor Parent Program. I brought my daughter with me today.
- Dave Shuster
Person
I would like to discuss our personal experience with visitation and its impact on my family, which underscores why voting aye on AB 2752 is so important. When my daughter was in the system, we were told visits had to be monitored and were for seven months.
- Dave Shuster
Person
This was completely unwarranted and the trauma from this experience still haunts her today. Our visits were done in an old office building with broken toys and books with pages missing. We felt we couldn't complain. We were finally able to hug our child and didn't want to risk this in any way.
- Dave Shuster
Person
Some of the offices had windows and I'm not sure if this was a good thing because it was a constant reminder of what we used to do as a family and feared we would never do again. I would visit with my seven-year-old daughter two times a week, two hours for each visit.
- Dave Shuster
Person
Her mother the same, but separately. Despite being an intact couple with no history of DV. Keeping a very active child occupied for two hours for each visit, especially with limited space and activities, was an unfair and ridiculous test of parenting. Our daughter was most uncomfortable with the monitors of the visit. They sat in the door with the computer, typing every word said between us. She withdrew even more. She would whisper to me, 'daddy, why are they here?' Just to be told, 'you can't whisper. Speak up.' So she just wouldn't talk.
- Dave Shuster
Person
I have never felt so powerless and shameful and riddled with guilt since we were there because of our actions and our addiction. Unfortunately, my child paid the price for this. Despite testing clean and complying with our case plan, supervised visitation at the department continued for seven months.
- Dave Shuster
Person
At any point, my parents, with whom my daughter was placed with, could have supervised our visits in their home or at a nearby park. These suggestions were always disregarded by the department and were told, 'it's not yet time.' AB 2752 ensured that what happened in my case would not continue to happen to other families. Vote aye on AB 2752 to protect the child's right to family time. She is.
- Marie Alvarado-Gil
Legislator
Do you want her to sit with you up here?
- Dave Shuster
Person
Would you like to sit with me?
- Marie Alvarado-Gil
Legislator
Emotional support, you know? Very good. Any members of the public would like to express their support for today's Assembly Bill, please come forward.
- Annie Thomas
Person
Hi. Annie Thomas, on behalf of the California Alliance of Child and Family Services, in support.
- Marie Alvarado-Gil
Legislator
Thank you.
- Ann Quirk
Person
Ann Quirk, Children's Law Center of California, in strong support.
- Marie Alvarado-Gil
Legislator
All right, Any witnesses in opposition that would like to be heard, please?
- Marie Alvarado-Gil
Legislator
Welcome.
- Amanda Kirchner
Person
There we go. Good evening, Madam Chair and senators. Amanda Kirchner on behalf of County Welfare Directors Association. We are still in opposition on the bill. We have been working to essentially find the right standard to use when trying to meet supervised visitation requirements.
- Amanda Kirchner
Person
And so, we've been in active conversations with Miss Calderon's staff, and the sponsors to try and find the correct language. We have a mock-up of a most recent attempt that we are still working through. And so, until we unfortunately kind of land on that, we're going to be in opposition. But let me tell you what our main concern is.
- Amanda Kirchner
Person
When we talk to our social workers, when we talk to our directors, they feel that the most recent, even language around having a present danger is too restrictive, because there are times when a parent may have so little skills in parenting that the social worker essentially supervises, but also guides them through the interactions, especially for younger children and infants, how they should be interacting with the child, how they should be caring with the child.
- Amanda Kirchner
Person
This helps create trust between the social worker and the parent. It helps socialize, sponsor the relationship, and eventually, we think, does actually lead to better case plans and reunification because you've sort of established those relationships and can move then from supervised to either observed or unsupervised throughout the rest of the process.
- Amanda Kirchner
Person
But right now, with the standard as it is, and it being such an early part in the process, our folks are not comfortable with the standard as written and would like to see something that's a bit lower than that. So, with that, we are happy to continue working with the author and her staff.
- Amanda Kirchner
Person
They've been very responsive, and we really appreciate that. But still in opposition.
- Marie Alvarado-Gil
Legislator
Great. Thank you. Members of the public like to express their opposition to the bill. All right, we'll move the conversation back to committee. I just wanted to double-check. Assembly Member Calderon, you said something about accepting amendments. We were confused over here, so help me, I know some amendments were in the last committee before.
- Lisa Calderon
Legislator
Yeah, I think that was from the last committee. Sorry, I misspoke. It was. Yes.
- Marie Alvarado-Gil
Legislator
Okay. That's right. We were moving papers.
- Lisa Calderon
Legislator
We did, yeah. In Senate Judiciary, Chair Umberg offered amendments, and I accepted all of them.
- Lisa Calderon
Legislator
Yes.
- Marie Alvarado-Gil
Legislator
In judic.
- Marie Alvarado-Gil
Legislator
Okay. All right. So there was nothing changed from judicial to us?
- Marie Alvarado-Gil
Legislator
Okay, great. Thank you.
- Lisa Calderon
Legislator
No.
- Lisa Calderon
Legislator
Sorry.
- Marie Alvarado-Gil
Legislator
No, no. Don't worry about it. We're all in it together, so. All right. Questions or concerns from. Hi. Senator Blakester. Welcome. Thank you.
- Catherine Blakespear
Legislator
Yes, thank you. Chair, it's okay if I make a comment or two? Okay. Thank you for this bill. And I just wanted to say that your witness had very compelling testimony that was very moving and really shows the need for this bill. I just.
- Catherine Blakespear
Legislator
To the opposition witness, I just wanted to highlight that this is a rebuttable presumption. So, if there is an infant or somebody's unfamiliar with how to be with children or they have other problems, you know, the decision could be made that it would be supervised, but the presumption would be that it wouldn't be.
- Catherine Blakespear
Legislator
So, to me, that does strike the right balance, but I just wanted to see if you wanted to address that directly, because I think there are circumstances where maybe it would be ordered to be supervised, but it's just not needed for the vast majority of visits.
- Amanda Kirchner
Person
Yes. No, happy to through the chair. So, we don't mind the rebuttable presumption and having a presumption for unsupervised visitation. A number of our counties are already using best practices to try and mitigate from unsupervised and then judge safety and other concerns. What our concern with is the standard for getting over the rebuttable presumption.
- Amanda Kirchner
Person
In other states, such as Georgia, which is one of the ones that is listed in the federal report on this out of ACF, the standard is best interest of the child. If that was our standard, then we would happily remove our opposition.
- Amanda Kirchner
Person
But right now, we think that that sort of present danger or some sort of safety risk around a physical harm is too narrowing and it's too limiting because there may be other concerns that we want to mitigate and think through.
- Catherine Blakespear
Legislator
Okay. Thank you. And when the time comes, I will move the bill.
- Marie Alvarado-Gil
Legislator
Thank you so much. Other questions, concerns. Okay. All right. Would you like to close?
- Lisa Calderon
Legislator
Yes. Thank you. And I respectfully ask for an aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much. We've got a motion from Senator Blakespear. Assistant, please call the roll.
- Committee Secretary
Person
File item 20, AB 2752. Motion is do pass to Appropriations Committee. [Roll call]
- Marie Alvarado-Gil
Legislator
The vote is three ayes, no nos. We will leave that on call. Thank you so much. And Assemblymember, you have one more with us, item number 2, Assembly Bill 3193.
- Lisa Calderon
Legislator
Thank you, Madam Chair and Senators. AB 3193 would authorize the Department of Rehabilitation to award contracts for assistive technology without competition or advertising if the value of the purchase is less than $25,000. Assistive technologies can fundamentally improve a quality of life for a person with disabilities.
- Lisa Calderon
Legislator
They can range from something as simple as a wheelchair to a more complex technology, such as a speech recognition software. There is a lack of vendors for several kinds of technologies. Furthermore, the state has struggled for decades to obtain sufficient bids for a competitive process to take place.
- Lisa Calderon
Legislator
This has resulted in delayed purchases, impacting the daily lives of Californians who rely on these devices. AB 3193 ensures that assistive technology, devices and services are procured in a timely manner.
- Lisa Calderon
Legislator
I'd like to thank the Committee staff for working with my office on this bill, and should this bill move forward, I plan to amend the bill in Senate Appropriations Committee to expand the report to the Legislature to include the effectiveness of the contracting exemptions.
- Lisa Calderon
Legislator
Here with me today speaking in support of AB 3193 are Patricia Leets, retired supervisor from the Department of Rehabilitation, and Regina Brink, the Assistant Director of Governmental Affairs for the California Council of the Blind.
- Marie Alvarado-Gil
Legislator
Thank you both for being here. You'll each have two minutes to present when you're ready.
- Patricia Leetz
Person
Okay, I'll start. And good evening, and thank you, Chair and Members of the Committee. My name is Patricia Leetz, and I worked at the Department of Rehabilitation for over 20 years. I was a vocational counselor and then a supervisor, and I help people who are blind to be employed.
- Patricia Leetz
Person
And over that time, there was this cumbersome procurement process, and it had led to delays in obtaining people's assistive technology for them to be able to go to school and to work. Two recent stories I'll share with you. One of them was from a vocational counselor who works at the Department of Rehabilitation.
- Patricia Leetz
Person
And he told me that a man on his caseload was given a poor job performance review, and this was all due to the delays in the procurement process. He had not received his technology in order to perform on his job in a timely manner.
- Patricia Leetz
Person
And then another woman on his caseload stated that she had gone through unnecessary suffering, and this is all due to the delays in the procurement process. She did not receive her technology in a timely manner in order for her to perform on her job. Her boss was upset. Her coworkers were upset.
- Patricia Leetz
Person
They had to take on more work in the workplace, and then she missed out on advancement opportunities in that work setting. So with all of this, I urge your support on this bill. The clients, they deserve to have a system that's designed to work in their favor so they can be employed. Thank you.
- Regina Brink
Person
My turn? Okay. Chair Alvarado-Gil and members of the Committee, as Patricia has stated, the California Council of the Blind is bringing forth this bill because, has asked for this bill because there's a convoluted bidding requirements. And the products that we're talking about may have only one or two vendors that they can be obtained from.
- Regina Brink
Person
They're specific to the person's disability. So as an example, if you're looking at a low vision aid and you have low vision and I have low vision, our aids may be drastically different because our eye conditions so specific, and there's a lot of them.
- Regina Brink
Person
And so the people that make these aren't, there aren't that many vendors, and so. But having to put it out for bid, it messes up the timeliness of it. It also causes anxiety on behalf of the worker.
- Regina Brink
Person
And I actually experienced this where I did get a job through the State Department of Rehabilitation helping me look for a job. And I was fairly young. I was out of college, and I had done work study, but never a real job. And so when I applied, I was overjoyed. I called all my family members.
- Regina Brink
Person
I had a job. I was so happy. And I actually never was able to be employed because the equipment did not come. And that private employer said, we can't keep your job open anymore. And can you imagine for someone that's just fresh out of college, that was so discouraging for me. I can't express that enough.
- Regina Brink
Person
So this has real life effects, and employment for people with disabilities is just invaluable. Right now for blind people, it's over 70% unemployment, and that's people that express the desire to work. So what we're doing right now isn't working. And I think this is a step in the right direction. And I urge you to pass AB 3193. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you for your testimony today. We'll open it up to members of the public who would like to express their support. Please come forward to the microphone.
- Tony Anderson
Person
Good evening. Tony Anderson, Association of Regional Center Agencies, in support.
- Marie Alvarado-Gil
Legislator
Thank you. Any lead witnesses in opposition that would like to be heard today? Any members of the public that would like to express their opposition? Okay, we'll bring the discussion back to Committee. We have a motion from Senator Ochoa Bogh. Questions or concerns? All right, we have a motion. Assistant, please call the roll.
- Committee Secretary
Person
File item 21, AB 3193. Motion is due pass to Appropriations Committee. [Roll call]
- Marie Alvarado-Gil
Legislator
Okay, four ayes, no nos. We'll leave that on call. I apologize, I did not allow you to close.
- Lisa Calderon
Legislator
That's okay. Thank you. Thank you. Madam Chair, appreciate it. Thank you.
- Marie Alvarado-Gil
Legislator
I gotta put a little Post-it right here. Thank you so much for your testimony today. All right. I see we have another author in the room. Assembly Members Zbur, are you ready to present? Excellent. We'll be hearing Item Number 19: Assembly Bill 2704.
- Rick Chavez Zbur
Legislator
Good evening, Madam Chair and Members. I'm proud today to present AB 2704, sponsored by United Domestic Workers AFSCME Local 3930 and AFSCME California. This bill will help streamline entry into the in-home supportive services, otherwise known as IHSS workforce.
- Rick Chavez Zbur
Legislator
There are numerous barriers to enter the IHSS workforce, one of which are the fees associated with the fingerprinting and criminal background check processes for prospective IHSS providers. Some workforces, such as nonprofit human resource agencies and nonprofit youth organizations, are able to waive the cost of background checks for prospective workers, while others may have billing accounts set up as a way for applicants to complete the background check and fingerprinting process at a live scan site.
- Rick Chavez Zbur
Legislator
Current law requires that prospective IHSS providers not already on a registry to complete fingerprinting and a criminal background check as part of the provider enrollment process. The fees associated with fingerprinting and background checks are currently borne by the applicant rather than the employer or the county.
- Rick Chavez Zbur
Legislator
This is an unjust practice and a barrier to providing needed care to unfairly burden workers who will be making just over minimum wage with the cost of these background checks, especially when it's common practice that the fees are borne by employers in private sector employment relationships.
- Rick Chavez Zbur
Legislator
AB 2704 alleviates the financial burden on prospective IHSS providers by shifting the responsibility of covering the California Department of Justice's costs associated with criminal background checks from the prospective IHSS provider to the Department of Justice.
- Rick Chavez Zbur
Legislator
The IHSS program is a vital lifeline for over 740,000 Californians, providing essential domestic long-term care services, which equip low-income Californians to remain safely in their own homes, ensure that they receive life-saving care, and empowers them to live with dignity. By 2030, there will be over one million individuals who will need long-term care services and supports, primarily through IHSS.
- Rick Chavez Zbur
Legislator
Removing barriers to entry into this workforce would be a priority for the state, should be a priority for the state, and this bill furthers that goal by streamlining the process to recruit IHSS providers, promote growth in this vital workforce by easing the burdens on undergoing the IHSS provider enrollment process.
- Rick Chavez Zbur
Legislator
This bill has bipartisan support and has no recorded opposition, and I ask for your aye vote at the appropriate time. With me today are Malik Bynum, Assistant Legislative Director for UDW AFSCME Local 3930, and Janice O'Malley, Legislative Advocate for AFSCME California, our co-sponsors of the bill, and to provide additional information.
- Marie Alvarado-Gil
Legislator
Thank you. Welcome both. I'll give you two minutes each.
- Malik Bynum
Person
Thank you, Assembly Member Zbur, and thank you, Madam Chair, for the hearing today. My name is Malik Bynum with United Municipal Workers AFSCME Local 3930, representing over 180,000 home care and family child care providers across the state.
- Malik Bynum
Person
Absolutely honored to be here sponsoring AB 2704, a bill that seeks to build up the IHSS workforce by breaking down a financial barrier to entry. That is the background check fee for prospective providers. It's a secret to nobody here that the IHSS workforce has long been understaffed, overworked, and underserved since the beginning.
- Malik Bynum
Person
There's over 760,000 Asian disabled recipients receiving IHSS in California, yet the program just has only over 670,000 home care workers to provide this care. Of course, one of the biggest challenges is the nature of providing home care. It's tremendously tedious, it's difficult, it's not attractive by any means, but it is a vital resource for hundreds of thousands of families who rely on this care each and every day for their loved ones.
- Malik Bynum
Person
In addition to the demanding nature of providing IHSS, this is a workforce that's made up primarily of women of color who are making just over minimum wage in many cases. As we know, there's other workforces who don't have DOJ background--or who do have DOJ background check fee waivers in place as the author stated, like nonprofit employees and those at youth organizations.
- Malik Bynum
Person
However, our home care workers do not have such luxury. They simply have to eat this cost as a prerequisite to employment consideration when they otherwise could have used it for essential expenses for themselves or better yet, their recipient.
- Malik Bynum
Person
This is a preexisting issue, amongst many other reasons why we're struggling to recruit IHSS workers into the program. However, this is one that can start to be addressed with the simple fix of removing this fee. California has a duty to its most vulnerable populations to ensure they're being cared for in the way that they need to in order to live comfortably. But in order to do that, our state needs the adequate provider workforce.
- Malik Bynum
Person
We see the removal of the DOJ background check fee as a major first step in providing--improving provider recruitment efforts in a time where we're seeing a vast amount of recipient growth within the program. And for these reasons, I respectfully ask for your aye vote on this bill. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you.
- Janice O'Malley
Person
Good evening, Chair and Members. Janice O'Malley, Legislative Advocate with AFSCME California, just here as proud co-sponsors. Truly appreciate the author for bringing this bill forward and the committee's analysis of the bill. Happy to answer any questions that you might have.
- Marie Alvarado-Gil
Legislator
Thank you. I appreciate that. Any members of the public wishing to express their support, please come forward.
- Sophia White
Person
Sophia White with SEIU California, in support. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you so much.
- Kim Rothschild
Person
Kim Rothschild, California Association of Public Authorities for IHSS, in support.
- Marie Alvarado-Gil
Legislator
Okay. Thank you.
- Amanda Kirchner
Person
Amanda Kirchner with CWDA, in support.
- Marie Alvarado-Gil
Legislator
Thank you. Any lead witnesses in opposition that would like to be heard? Members of the public in opposition that would like to express their concerns? All right, we'll bring the conversation back to committee. Questions? Do we have a motion? Moved by Senator Menjivar.
- Marie Alvarado-Gil
Legislator
Assembly Member Zbur, I don't know if you know this, but I used to be a home care provider under IHSS. Yes. And I was a lead negotiator for five counties in California for IHSS workers, so I have a very soft spot there. If you do the math on the cost of fingerprinting versus the hourly wage in California, you have to work at least three hours just to be able to pay for that.
- Marie Alvarado-Gil
Legislator
That is insane. So thank you for bringing forward this bill, and I look forward to IHSS research reform in my lifetime. So we have a motion by Senator Menjivar. Would you like to close before we take the roll?
- Rick Chavez Zbur
Legislator
No, I mean, I became interested in IHSS when my sister was ill with ALS and realized how much we need to reform the system, and this is just one small step that we can take to make sure that people don't have--who want to provide this care, often just above minimum wage--don't have the significant barriers to enter this workforce. So thank you. I respectfully ask for an aye vote at the appropriate time.
- Marie Alvarado-Gil
Legislator
Excellent. So, Assistant, please call the roll.
- Committee Secretary
Person
File Item 19: AB 2704. Motion is: do pass to Appropriations Committee. [Roll Call].
- Marie Alvarado-Gil
Legislator
That's four aye's and no no's. We'll leave that on call. Thank you so much. Thank you very much for being here. Okay, we're calling for authors in room 2200 because we're about to wrap this puppy up. Senator Blakespear, thank you so much for presenting today item number 12, Assembly Bill 2338.
- Marie Alvarado-Gil
Legislator
On behalf of Assembly Member Jones-Sawyer. All right, when you're ready okay.
- Catherine Blakespear
Legislator
Thank you, Chair. Thank you, Members. I present AB 2338 on behalf of Assembly Member Jones-Sawyer, which strengthens California's response to homelessness by establishing a statewide homelessness coordinator as the lead entity for ending homelessness in California.
- Catherine Blakespear
Legislator
Despite the billions of dollars invested to assist local governments and support housing programs, we continue to have the nation's largest homeless population. This is in part due to the state's segmented approach to addressing homelessness.
- Catherine Blakespear
Legislator
AB 2338 will ensure intergovernmental coordination to end homelessness by requiring the Governor to appoint a statewide homelessness coordinator to set goals to end homelessness and oversee the homelessness program, services, data and policies that transfer between federal, state and local agencies.
- Catherine Blakespear
Legislator
This Bill provides the coordinator flexibility to identify a local leader and the appropriate jurisdiction to serve as a liaison to the state. And in collaboration with local leaders, the coordinator will provide annual recommendations to the Legislature and the Governor.
- Catherine Blakespear
Legislator
While there is significant overlap in a lot of existing resources, many times we see individuals going to different programs and losing valuable time when they could have received help. AB 2338 is about putting a single person in charge so that somebody owns the problem, so that people can look to this person for guidance.
- Catherine Blakespear
Legislator
And this is not about creating a new bureaucracy. In closing, I respectfully ask for your aye vote.
- Marie Alvarado-Gil
Legislator
Thank you so much. Any witnesses with you today, members of the public wanting to express support for this Bill? 2338 all right. Any lead witnesses in opposition? Okay, no one's moving any members of the public? All right, we'll come right back to Committee questions.
- Rosilicie Ochoa Bogh
Legislator
Thank you. And I'm not sure if, you know, reminding us, but I did have a question to the actual author with regards, first of all, I want to say thank you for considering placing the language with regards to, to having it a confirmed position by the Legislature.
- Rosilicie Ochoa Bogh
Legislator
I have a question, ma'am.
- Marie Alvarado-Gil
Legislator
Okay, Senator Ochoa Bogh,
- Rosilicie Ochoa Bogh
Legislator
But the other thought that came to mind was whether or not, and this also comes from the other previous bills that we've seen with creating commissions and other roles in government.
- Rosilicie Ochoa Bogh
Legislator
But has there been, do you know if there has been any conversations with regards to term limits or what would the ongoing role would be once they actually do the work that they're being established to do?
- Catherine Blakespear
Legislator
I cannot answer the question of term limits. I don't know if that has been considered. I think the main point is that we need to have somebody who owns the problem of homelessness to have that homelessness czar, to have a person who is clear that sets goals.
- Catherine Blakespear
Legislator
We currently don't even have statewide homelessness goals, so some of the, really the basic things about ownership of the problem we don't have. We would need to ask the author staff about term limits.
- Catherine Blakespear
Legislator
I'm not sure if the Committee Chair or if anybody in the room knows the answer to that, but it's a good question, and I'm sure they could get back to your office about it.
- Rosilicie Ochoa Bogh
Legislator
Just want to make sure that we have a time capacity for them to actually accomplish what they're supposed to be accomplished for accountability purposes.
- Rosilicie Ochoa Bogh
Legislator
And I would just caution you that we did have directors that were in charge of the, just because you have a czar, you have somebody in charge, they can change all the time and they could not be held accountable at some point. We saw that with EDD, with the continuous changes in directors in that Department.
- Rosilicie Ochoa Bogh
Legislator
So though I absolutely agree with you that it would be great to have somebody that's accountable sometimes it doesn't always work the way that it's intended. So, but I am going to continue to support the Bill today.
- Rosilicie Ochoa Bogh
Legislator
But it is something that it would be kind of nice to hear from if we are going to consider moving forward whether or not there will be a term limit or define what the ongoing purpose would be to have this position open. Thank you. Thank you.
- Marie Alvarado-Gil
Legislator
Thank you. Did we have a motion? All right, we got a motion from Senator Ochoa Bogh.
- Catherine Blakespear
Legislator
Would you like to close? Yes. Well, I'm clearly not the author, but I do believe that we have a system where there is a statement of, well, that organization's not doing its job. I might be doing my discrete job, and that other organization, that other branch of the government, that other level of government isn't doing their job.
- Catherine Blakespear
Legislator
And ultimately, if we're going to be serious about solving for homelessness, we have to have a clear ownership and accountability and a desire to solve the actual problem, not just to do the discrete job. So I think the idea behind this Bill is to center that, and there may be different ways to accomplish that.
- Catherine Blakespear
Legislator
But it's important that we pass this Bill because it raises the issue as being very important for the Legislature to see serious improvement in this area.
- Marie Alvarado-Gil
Legislator
I am seeing that a similar Bill came through this Committee last year and was held in the House. So if you were the author, I would ask, you know, what has changed? I know that there's been similar bills put forward through this Committee as well this year.
- Marie Alvarado-Gil
Legislator
A lot of appetite in the Assembly to have a lead homeless coordinator, or czar, as they've been called. So I think we're headed in the right direction. I think the question is really the how. Right. Okay. All right. So we have a motion from Senator Ochoa Bogh. Thank you. Senator Blakespear, assistant, please call the roll file.
- Committee Secretary
Person
Roll Call
- Marie Alvarado-Gil
Legislator
That's three I's and no no's. We'll leave that on call. Thank you so much. Right. We have a call for authors to room 2200 for human services. We've got just a few bills. Just a few so we can wrap up here. While we are waiting for authors, we will take a brief recess. Thank you.
- Marie Alvarado-Gil
Legislator
I'm just going to do consent. Yeah, let's do that. All right, that was a very quick recess. Thank you so much. All right, we are going to lift the call, but before we do that, I'd like to address our consent items. We've got nine bills proposed for the consent calendar. File item 4, Assembly Bill 1913.
- Marie Alvarado-Gil
Legislator
File item 5, Assembly Bill 1930. File item 10, Assembly Bill 2108. File item 13, Assembly Bill 2360. File item 14, Assembly Bill 2423. File item 17, Assembly Bill 2508. File item 18, Assembly Bill 2636. File item 22, Assembly Bill 2795. File item 27, Assembly Bill 3291.
- Marie Alvarado-Gil
Legislator
Do any Members wish to remove any of these bills from consent? Okay, do we have a motion on the consent calendar? Okay. Moved by Senator Blakespear. Assistant, please call the roll.
- Committee Secretary
Person
Consent calendar. Alvarado-Gil. Aye. Ochoa Bogh. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
That's three ayes. We will leave that on call to allow for other votes. Let's now look at our agenda. Item number 1, Assembly Bill 922 Wicks, which is for vote only. We need a motion for this one. All right, we need a motion. Item number 1, Assembly Bill 922 Wicks. Moved by Senator Menjivar. Thank you. Okay. Assistant, please call the roll.
- Committee Secretary
Person
File item 1, AB 922, do pass to Appropriations Committee. Alvarado-Gil. Not voting. Ochoa Bogh. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
We have two ayes. We will leave that on call. And let's go ahead through the file order.
- Committee Secretary
Person
Moved by Senator Menjivar. File item 2, AB 799 do pass to Appropriations Committee with the Chair voting aye and the Vice Chair voting aye. Blakespear. Aye. Limon.
- Marie Alvarado-Gil
Legislator
Four ayes, and we'll leave that on call.
- Committee Secretary
Person
Moved by Senator Menjivar. File item 2, AB 1907. Motion is do pass to the Appropriations Committee. Blakespear. Aye. Limon.
- Marie Alvarado-Gil
Legislator
We have four ayes, and we'll leave that on call.
- Committee Secretary
Person
Moved by Senator Menjavar. File item 6, AB 2033. Motion is do pass to Appropriations Committee, with the Chair voting aye and Vice Chair voting aye. Blakespear. Aye. Limon.
- Marie Alvarado-Gil
Legislator
Okay, 4-0. We'll leave that on call.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File item number 7, AB 1961 do pass as amended to Appropriations. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Four ayes, and then we'll leave that on call.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File item 8, AB 1993. Do pass to Appropriations Committee. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Ayes, four. We'll leave that on call.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File item 9, AB 2075. Motion is do pass to Appropriations Committee, with the Chair voting aye and the Vice Chair voting aye. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Ayes are 4, noes: 0. We'll leave that on call. All right, so, Assembly Bill 2263. We're looking for a motion. Moved by Senator Menjivar. Thank you. Assistant, call the roll.
- Committee Secretary
Person
Okay. File item 11, AB 2263. Motion is do pass to Appropriations. Alvarado-Gil. Aye. Ochoa Bogh. 11, 2263.
- Marie Alvarado-Gil
Legislator
You didn't want to do the motion on this one, so I think you're off of it.
- Committee Secretary
Person
Not voting? Okay. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Ayes are 3, noes are 0. We'll leave that on call.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File item 12, AB 2338. Motion is do pass to Appropriations, with the Chair voting aye, Vice Chair voting aye. Limon Menjivar.
- Marie Alvarado-Gil
Legislator
Ayes are 3. We'll leave that on call.
- Committee Secretary
Person
Moved by Senator Menjavar. File item 15, AB 2452. Motion is do pass to Appropriations, Chair voting aye, Vice Chair voting aye. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Okay, ayes are 4. We'll leave that on call.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File item 16, AB 2476. Motion is do pass to Appropriations, Chair voting aye, Vice Chair voting aye. Blakespear. Aye. Limon. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Ayes, 4. We'll leave that on call.
- Committee Secretary
Person
Moved by Senator Menjivar. File item 19, AB 2704, do pass to Appropriations, Chair voting aye, Vice Chair voting aye.
- Marie Alvarado-Gil
Legislator
That's still four ayes. We'll keep that on call. All right. I see we have a author. Welcome, Assemblymember Hoover. All right, we'll have you come forward. Do you have any witnesses with you today?
- Josh Hoover
Legislator
Not tonight.
- Marie Alvarado-Gil
Legislator
That's all right.
- Josh Hoover
Legislator
They all retired for the evening.
- Marie Alvarado-Gil
Legislator
Okay. All right, well, we hope to be there soon as well.
- Josh Hoover
Legislator
I know.
- Marie Alvarado-Gil
Legislator
Let's get you started. Item number 23. Assembly Bill 2903 and we'll hear when you're ready.
- Josh Hoover
Legislator
Thank you, Madam Chair and Members, I appreciate your patience tonight. I know we're all running around tonight. I'll try to keep this short. We introduced a bipartisan audit of homelessness spending last year. A number of the folks on this Committee, I think, actually supported that effort.
- Josh Hoover
Legislator
The State Auditor came back in April of this year with their recommendations, and one of them was proposing that state agencies report the costs and outcomes of state funded homelessness programs.
- Josh Hoover
Legislator
It further suggested that the Interagency Council on Homelessness Develop guidance to ensure that the data that agencies collect be uniform in nature and to annually compile those and report them to the public.
- Josh Hoover
Legislator
I think this was given the other findings in the audit, which found that we have spent nearly 24 billion taxpayer dollars on homelessness while seeing a 32% increase in homelessness during that same span. I think it really underscored the importance of increasing accountability of these dollars. So with that, I would respectfully ask for an aye vote.
- Josh Hoover
Legislator
Happy to try to answer any questions as well.
- Marie Alvarado-Gil
Legislator
Excellent. Thank you so much. Any Members of the public wishing to express their support, please come forward. Any lead witnesses in opposition that would like to be heard? Members of the public that would like to express their opposition? All right, we'll bring the discussion back to Committee.
- Marie Alvarado-Gil
Legislator
Senator Blakespear?
- Catherine Blakespear
Legislator
Yes. I appreciate the quick action in seeing the audit in April and then coming forward with this Bill, and it seems like a really good idea, so I support it and we'll move it.
- Josh Hoover
Legislator
Thank you so much. I appreciate that.
- Marie Alvarado-Gil
Legislator
Thank you, Senator Blakespear.
- Marie Alvarado-Gil
Legislator
Okay, any other questions, concerns? All right, looks like we have a motion. Would you like to close?
- Josh Hoover
Legislator
Just would respectfully ask for an aye vote on implementing the Auditor's recommendations and, yeah. Thank you so much for the opportunity to present.
- Marie Alvarado-Gil
Legislator
Great. Thank you so much. All right, assistant, please call the roll.
- Committee Secretary
Person
Roll Call
- Josh Hoover
Legislator
Thanks so much.
- Marie Alvarado-Gil
Legislator
Ayes are four, and we'll leave that on call.
- Committee Secretary
Person
Madam Chair, if you want to lift the call on 24?
- Marie Alvarado-Gil
Legislator
Yeah, yeah. We're gonna get you on.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item 24: AB 2935: do pass to the floor. Chair voting aye. Vice Chair voting aye. [Roll Call]. Four, and we're gonna put that on call.
- Marie Alvarado-Gil
Legislator
Okay, so ayes are four, and we'll leave that on call. We have one more author that we're waiting for here. Okay. Can we put a call in for our author? I know he's in another committee, so we will go to recess until we get our final author.
- Marie Alvarado-Gil
Legislator
All right, welcome back. All right, we are doing a final call for authors in Room 2200. Final call for authors. We will go through our--lift the call on our, on the bills that we have in front of us, and this will be the final call for authors. All right, so, Assistant, please call the roll. We will start with Item Number One.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item One: AB 922: motion is do pass to Appropriations Committee with the Chair not voting and the Vice Chair not voting. [Roll Call].
- Marie Alvarado-Gil
Legislator
Okay, the vote is three ayes, no noes, and that bill passes. Item's out.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item Two: AB 799: motion is do pass to the Appropriations Committee with the Chair voting aye and the Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
The vote is five ayes, and that bill is out.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item Number Three: AB 1907: motion is do pass to Appropriations Committee with the Chair voting aye and Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Vote is five ayes, and that bill is out.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item Six: AB 2033: motion is do pass to the Appropriations Committee. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Vote is five ayes, zero noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item Seven: AB 1961: motion is do pass as amended to Appropriations Committee. [Roll Call]. Five.
- Marie Alvarado-Gil
Legislator
The vote is five ayes, zero noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item Eight: AB 1993: motion is do pass to Appropriations. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Votes are five ayes, no noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item Nine: AB 2075: motion is do pass to Appropriations Committee. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
The vote is five ayes, no noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item 11: AB 2263: motion is do pass to Appropriations. Chair voting aye and Vice Chair not voting. [Roll Call].
- Marie Alvarado-Gil
Legislator
Votes are four ayes, no noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item 12: AB 2338: motion is do pass to Appropriations Committee. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Vote is four ayes, no noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item 15: AB 2452: motion is do pass to Appropriations Committee. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Vote is five ayes, no noes. That bill is out.
- Committee Secretary
Person
Okay. Moved by Senator Ochoa Bogh. File Item 16: AB 2476: motion is do pass to Appropriations. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Vote is five ayes, no noes. That bill's out.
- Committee Secretary
Person
Moved by Senator Menjivar. File Item 19: AB 2704: motion is do pass to Appropriations Committee. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Five ayes. The vote is five ayes. That bill is out.
- Committee Secretary
Person
Moved by Senator Blakespear. File Item 20: AB 2752: motion is do pass to Appropriations. Chair voting aye, Vice Chair not voting. [Roll Call].
- Marie Alvarado-Gil
Legislator
The vote is four ayes, no noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item 21: AB 3193: motion is do pass to Appropriations Committee. Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
The vote is five ayes, no, zero noes. That bill is out.
- Committee Secretary
Person
Moved by Senator Blakespear. File Item 23: AB 2903: motion is do pass to Appropriations with the Chair voting aye and the Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
That's five ayes; that bill is out.
- Committee Secretary
Person
Moved by Senator Ochoa Bogh. File Item 24: AB 2935: motion is do pass to the floor with the Chair voting aye, Vice Chair voting aye. [Roll Call].
- Marie Alvarado-Gil
Legislator
Vote is five ayes, zero noes. That bill is out.
- Committee Secretary
Person
And then the consent calendar. [Roll Call].
- Marie Alvarado-Gil
Legislator
Okay. Consent calendar--we have five ayes, no noes--the consent calendar is out. All right, looks like we've got an author. Thank you, Senator Menjivar, for taking us to the finish line. So we will be hearing Items Number 25: AB 3049 and 26: AB 3145. And if you have witnesses, we'll have your witness move forward.
- Caroline Menjivar
Legislator
For AB 3049.
- Marie Alvarado-Gil
Legislator
Welcome.
- Caroline Menjivar
Legislator
All right. Good evening, fellow Committee Members. I'm presenting on behalf of Assemblymember Isaac Bryan on AB 3049, a bill that has received unanimous bipartisan support thus far. I want to start by accepting the Committee amendments and thanking Committee staff for their work on this bill.
- Caroline Menjivar
Legislator
A recent statewide survey conducted by advocates in the Western Center on Law and Poverty revealed that many foster children in California, particularly those in rural counties, do not have an opportunity to meet with or speak with their court appointed attorney before their hearings. This is unacceptable.
- Caroline Menjivar
Legislator
Children in the child welfare system depend on their court appointed counsel to help them navigate an often traumatic and confusing dependency process. This bill aims to improve our dependency court system by empowering a judge to continue a hearing if they find that a foster youth has not had the opportunity to consult with their attorney. The bill also codifies existing rules of court, which establish guidelines for court appointed dependency attorneys, including requiring them to have sufficient contact with their minor or non-minor dependent clients.
- Caroline Menjivar
Legislator
AB 3049 will bring accountability to the dependency court system to ensure that when life-altering decisions are made about a child, that decision is informed by the child's own opinions and lived experiences. The Assemblymember has worked with various stakeholders, including the Judicial Council, to and have taken significant amendments to address their concerns. Madam Chair, now I'd like to turn over to the lead witness here, Margaret Coyne, Executive Director for Advokids and no Christopher Hernandez.
- Margaret Coyne
Person
Christopher had to leave. He was from California Youth Connection.
- Marie Alvarado-Gil
Legislator
That's okay. He had a time-
- Margaret Coyne
Person
-Thank you so much.
- Marie Alvarado-Gil
Legislator
Welcome.
- Margaret Coyne
Person
Thank you so much. Again, my name is Margaret. I'm the co-founder and Executive Director of Advokids. It's the--a legal advocacy nonprofit, and we operate the only free telephone hotline and provide free legal services to anyone in the State of California who's concerned about a child in foster care.
- Margaret Coyne
Person
We manage about 700 cases annually, cases that involve over 1000 children per year. We've been collecting data on our cases for 20 years, and we know--we have an incredibly intense and robust set of data and a real ear to the ground about what's going on and what experiences are being had by foster children and youth in California.
- Margaret Coyne
Person
Our legal services are a critical lifeline for child advocates, including foster and relative caregivers trying to advocate for a child in their care. Very often they're calling our hotline because a child is facing a traumatic event, oftentimes an abrupt, unplanned move, or they have medical or psych needs that are not being met.
- Margaret Coyne
Person
And our callers don't know what to do and they don't know where to turn. The first question Advokids staff attorneys ask every hotline caller is, have you talked to this child's attorney? Because when a child is facing a traumatic event, the child's attorney has quick and direct access to the juvenile court to seek protection of that child.
- Margaret Coyne
Person
Too often, the answer we hear from our callers is, "No. I didn't know the child had an attorney," or "I thought they had an attorney, but I didn't know who it--I don't know who it is."
- Margaret Coyne
Person
What we know from our carefully collected data is that in many, many counties, oftentimes rural counties, across California, attorneys are failing to meet their two basic ethical obligations. One, to introduce themselves and share their contact information with the child and their caregivers and to have regular, ongoing contact with their client and an attorney-client relationship.
- Margaret Coyne
Person
Despite Welfare Institution Code 317, which mandates that the court take whatever appropriate action is necessary to fully protect the interests of children, a child's right to competent counsel, an engaged counsel in California, is currently not protected in any way or enforced in any way. All we have in place right now is a rule of court, which requires every presiding judge to establish a process for review and resolution of complaints by a party regarding the performance of that party's court appointed attorney.
- Margaret Coyne
Person
Even if children and youth were, in fact, informed of their right to lodge a complaint--and they're not--this truly is an inadequate remedy to protect a child or youth. A young child cannot possibly lodge a complaint in writing to the presiding judge, and older youth do not feel empowered or safe complaining about their attorney.
- Margaret Coyne
Person
This is not a child or youth's burden to bear. It is the court's job to protect them. AB 3049 allows the court to grant a continuance if the child or youth has not had the opportunity to consult with their attorney. This is one critical, critical step forward towards ensuring that attorneys are not allowed to engage in any court proceedings about a child client with whom they have had no contact. I urge you to support AB 3049, and I thank you for your time.
- Marie Alvarado-Gil
Legislator
Thank you. Thank you very much. Gave you a little bit of extra time because-
- Margaret Coyne
Person
-I appreciate that. I really appreciate you letting me lean into that.
- Marie Alvarado-Gil
Legislator
That's all right. Any Members of the public love to come forward? All right, thank you.
- Rebecca Gonzales
Person
Sure. Rebecca Gonzales with the Western Center on Law and Poverty in support.
- Marie Alvarado-Gil
Legislator
Great. Thank you so much. Any lead witnesses in opposition that would like to be heard? Alright. Members of the public that would like to share their opposition? Okay, we'll bring the discussion back to the Committee.
- Monique Limón
Legislator
I'll be happy to move the bill.
- Marie Alvarado-Gil
Legislator
All right, I heard first over here on the left. We have a motion from Senator Limon. Welcome, Senator Limon, to Human Services. We're a fun bunch. Yes, we're a fun bunch. Would you like to close Senator Menjivar?
- Monique Limón
Legislator
And a great gentleman.
- Marie Alvarado-Gil
Legislator
Yes. Yes.
- Caroline Menjivar
Legislator
Oh, yeah. That's right.
- Marie Alvarado-Gil
Legislator
And our sergeants.
- Monique Limón
Legislator
Yes.
- Marie Alvarado-Gil
Legislator
You urged an aye bill--an aye vote?
- Caroline Menjivar
Legislator
Yes, I was trying--there was a good sentence here in the FAQ I was trying to repeat, but, yes, respectfully asking for an aye vote.
- Marie Alvarado-Gil
Legislator
Okay, great. All right, thank you. We will call the roll. Thank you.
- Committee Secretary
Person
File item 25, AB 3049. Motion is do pass as amended to Appropriations. Alvarado-Gil. Aye. Ochoa Bogh. Aye. Blakespear. Limon. Aye. Menjivar. Aye.
- Marie Alvarado-Gil
Legislator
Okay, so we have 4 ayes. We will leave that on call. Wait for Senator Blakespear. She's not coming back? All right. Sorry, Senator Blakespear. We're going to call that vote out. So ayes: 4, noes: 0. That is out. Thank you.
- Caroline Menjivar
Legislator
All right, Madam Chair, AB 3145, once again, presenting on behalf of Assembly Member Isaac Bryan, is a timely and necessary Bill that brings accountability and oversight to court ordered services for parents in the child welfare system.
- Marie Alvarado-Gil
Legislator
All right, our final Bill of the night before I go a little stir crazy.
- Caroline Menjivar
Legislator
In most cases, when a child is removed from a parent's care, a court orders the parent into a variety of services to assist in rehabilitation before the child can be returned to their care. A parent's progress in completion of these services influences a social worker making recommendations about a parent's ability to safely reunify with their child.
- Caroline Menjivar
Legislator
Judges also heavily rely on this information when deciding to enter permanently. When deciding to either permanently terminate a parent's right to their child or to reunify with the family. These services can cost thousands of dollars per course, making them a financial burden for counties with already stretched foster care budgets.
- Caroline Menjivar
Legislator
Despite the heavy emphasis placed on these services and their costly nature, counties do not track the outcomes and merits of their service providers. Earlier this year, LA Times called out the lack of information on the efficacy of services and service providers. Our current system failed.
- Caroline Menjivar
Legislator
This was in response to a death of two children involved with LA Department of Children and Family Services. The system failed these two children by failing to provide their parents with meaningful quality help to address the causes and traumas that led to their involvement with the child welfare system in the first place.
- Caroline Menjivar
Legislator
I'd like to now, I'm sorry, Assembly Member staff. I'm going to skip the rest and just turn to the witness here to speak more on the Bill.
- Marie Alvarado-Gil
Legislator
All right, so I know we have opposition as well. Why don't you come on forward and we'll hear from each of you. Okay. All right.
- Edward Howard
Person
Good evening, Madam Chair and Members. Ed Howard, Senior Counsel of the Children's Advocacy Institute at the University of San Diego School of Law. Regrettably pleased to sponsor this measure. Regrettably our witness had to leave back to Los Angeles. So what I'd like to do is quickly read the statement that he would have read to you today.
- Edward Howard
Person
Madam Chair and Members, my name is Myles Cooley. I am an attorney partner at Friedman, Tatelman and Cooley, and a former foster child. I lived at the Sacramento Children's Home here in Sacramento.
- Edward Howard
Person
I serve on the board of the Lawyers Committee for Civil Rights, and I'm Pro Bono counsel for Peace for Kids, a foster youth NGO working in the Watts Willowbrook area of south central Los Angeles. In the past, I've worked to secure foster care reform, including working to enact AB 12.
- Edward Howard
Person
To say that I am one of the lucky ones is an understatement. My parents were both teenagers. When I was five, I found my mother dead of a drug overdose. I entered foster care at six. Like too many of our foster children, I am African American.
- Edward Howard
Person
Sharon Members, AB 3145 is one of the most important foster care bills you will consider, and here is why. Spend a lot of time in dependency courtrooms and you will hear the word services bandied about a lot.
- Edward Howard
Person
That's because such services play maybe the most important role in determining whether a child involved with child welfare will be reunited with their parents or have their relationship with their parents forever severed and placed in foster care. Parents are offered services to fix whatever the problem was that caused child welfare to get involved in the first place.
- Edward Howard
Person
Drug addiction parent is offered drug counseling domestic violence, anger management, neglect parenting classes this is us spending our tax dollars to try and keep families intact. Here's the critical piece. If the service provider says a parent has successfully completed the services, a judge usually rules that it is safe to return the child to their parents.
- Edward Howard
Person
But if a service provider says the opposite, then the parents rights will usually be terminated and the child will enter foster care. Families live or die based on these services. So it came as a complete shock to me to read the following in the Los Angeles Times.
- Edward Howard
Person
The state does not ensure that parent education programs meet any sort of standards. Allows parents facing abuse allegations to take classes that experts have deemed Low quality. As the time also correctly reports, the lack of scrutiny can put some of California's most vulnerable children at risk of more abuse.
- Edward Howard
Person
But chair and Members, if nobody is probing the quality of the services, this also means that families may be forever torn apart without a sound basis for doing so.
- Edward Howard
Person
The Bill before you, in the main, simply requires counties to do the kind of due diligence we would do in choosing a contractor for home improvement, ask about individual outcomes, and in light of the times investigation, it establishes a more probing measure to detect system wide problems.
- Edward Howard
Person
I respectfully urge you to do right by our parents, children and taxpayers and vote eye on this measure. The welfare of California's foster kids depends upon it.
- Marie Alvarado-Gil
Legislator
Thank you. All right. Any Members of the public wishing to express their support, please come forward. Okay. We will now hear from our lead opposition. Welcome back.
- Amanda Kirchner
Person
Good evening. Amanda Kirchner again for County Welfare Directors Association. We are regrettably still in opposition, although we had great conversations at the end of last week, and we think we're moving closer on language that we can agree to.
- Amanda Kirchner
Person
I will say that part of our concern right now with the language as is in print is that Child Welfare Services that are offered are contracted throughout numerous different parts of our county. So I was talking to a county today. They braid together some cowworks funding for home visiting.
- Amanda Kirchner
Person
They use mental health funding, they use behavioral health funding and the title IVB funding that they get for child welfare.
- Amanda Kirchner
Person
And so we want to make sure if we're going to create standards for or our service providers that those standards are things that we can sort of broadly make sure and we're not essentially having to double contract for. So that's part of the concerns we're trying to address.
- Amanda Kirchner
Person
And more broadly, just as far as parenting services, we think a workgroup approach might be needed here with some state leadership around what should these services look like so that they're not just kitchen sink approach and that they're well tailored to the case plan for the parents.
- Amanda Kirchner
Person
And I think that requires a much broader conversation as well as including our judiciary partners and of course, counties and our social workers and parents and advocates and their attorneys. So we would not be opposed to seeing this take more of a working group approach to try and deal with that larger problem. Happy to answer any questions.
- Marie Alvarado-Gil
Legislator
Okay. All right. Any Members of the public like to express their opposition? All right, let's bring questions and comments back to the Committee. I'm ready.
- Rosilicie Ochoa Bogh
Legislator
I'm just going to curious as to the concerns from the opposition. Are you at all familiar aware whether or not the author is currently working to address those concerns?
- Caroline Menjivar
Legislator
Absolutely. You heard from CWDA that they've been working really close with the Assembly Member and they just weren't able to get on the same page before this hearing. But both. But the author has committed to the opposition on working throughout the summer on getting closer to a compromise. And I think CWDA will say that is correct.
- Amanda Kirchner
Person
Yes, that's correct. We've been exchanging potential amendments over the last few days.
- Rosilicie Ochoa Bogh
Legislator
Okay, wonderful. There's. So we're optimistic that it will work towards the a deal.
- Caroline Menjivar
Legislator
One thing the author would like to share, though, I know the CWDA has talked, has requested a more of a working group. I mean, the author would like the Committee to note that, you know, the LA Times article was really dire. It said, children are dying. Now, in a working group, really just prolong the process.
- Caroline Menjivar
Legislator
If you look at this Bill, it's about collecting outcomes. You could look at that as a study approach. Right. It's not asking for changes or anything, it's just asking for outcomes. So then I. We can come back and look at policy recommendations from the outcomes we collect. Okay.
- Rosilicie Ochoa Bogh
Legislator
And then the last question I had is for the Chair. Madam Chair, is this moving forward straight to the Senate Floor? Will this be going through another Committee appropes? So there is time for continued conversations and work on that.
- Rosilicie Ochoa Bogh
Legislator
I will be happy to make a motion for the Bill and will look to see the language and reserve my right to change my vote once it comes back to the Senate Floor. His staff has noted.
- Marie Alvarado-Gil
Legislator
All right, thank you so much. You know, with all bills that, you know, really encompass children across California, for me, I'm looking for that rural element, and I'm looking for that acknowledgement that programs and services and approaches in urban settings don't always work in our rural California setting.
- Marie Alvarado-Gil
Legislator
So I want us to be sensitive to that, encourage the author to come through this legislation and see where we can ensure that all of California is one, not under policy, but under recognition that, you know, different communities have different approaches.
- Marie Alvarado-Gil
Legislator
So I want to just make sure I put that on record and just looking forward to this conversations, continuing with opposition to get to that meaningful middle. Okay, great. Thank you.
- Caroline Menjivar
Legislator
Just to respond to you, Madam Chair. The author recognizes that there has been some concerns coming from the. From the opposition that echo your same sentiment.
- Marie Alvarado-Gil
Legislator
So we have a motion by Senator Ochoa Bogh. Would you like to close?
- Caroline Menjivar
Legislator
And it's not the intent of the author to have adverse negative impacts on the royal counters and is committed to working with opposition on addressing that point. With that, respectfully asking for an aye vote.
- Marie Alvarado-Gil
Legislator
Great. Thank you so much. All right, we'll call the roll.
- Committee Secretary
Person
Roll Call
- Marie Alvarado-Gil
Legislator
That's 4-0 and that Bill is out. We closed everything. We got everything. All of them done. All right. So I had a long soliloquy, I was going to say to keep you all here, but no, we're going to wrap this up. So, great work to our staff. Thank you, sergeants, for keeping us here and on track.
- Marie Alvarado-Gil
Legislator
Thank you, Members, for being present and engaging and getting us through this very long agenda. We are out.
- Unidentified Speaker
Person
Angela.
Committee Action:Passed
Next bill discussion: August 5, 2024
Previous bill discussion: June 19, 2024