AMENDED IN SENATE AUGUST 17, 2018

AMENDED IN SENATE JUNE 28, 2018

AMENDED IN ASSEMBLY MAY 25, 2018

AMENDED IN ASSEMBLY APRIL 2, 2018

AMENDED IN ASSEMBLY MARCH 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

92

CHAPTER 948

Statutes of 2018

[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]

Introduced by Assembly Member Gonzalez Fletcher

February 16, 2018

An act to add Section 12318 to the Welfare and Institutions Code, relating to public social services.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires a prospective IHSS provider to complete a provider orientation at the time of enrollment that includes, among other things, the requirements to be an eligible IHSS provider, a description of the IHSS program, and the rules, regulations, and provider-related processes and procedures under the IHSS program.

This bill would require the department, in consultation with interested stakeholders, to develop, or otherwise identify, standard educational material about sexual harassment and the prevention thereof to be made available to IHSS providers and recipients and a proposed method for uniform data collection to identify the prevalence of sexual harassment in the IHSS program. The bill would require the department, on or before September 30, 2019, to provide a copy of the educational material and a description of the proposed method for uniform data collection to the relevant budget and policy committees of the Legislature.

The people of the State of California do enact as follows:

SECTION 1.

Section 12318 is added to the Welfare and Institutions Code, to read:

12318.

(a) The State Department of Social Services shall, in consultation with interested stakeholders, develop, or otherwise identify, both of the following:

(1) Standard educational material about sexual harassment and the prevention thereof to be made available to providers and recipients of in-home supportive services.

(2) A proposed method for uniform data collection to identify the prevalence of sexual harassment in the In-Home Supportive Services program.

(b) The department shall convene its first meeting with the interested stakeholders no later than February 1, 2019, and shall meet regularly thereafter.

(c) The department shall, on or before September 30, 2019, provide a copy of the educational material and a description of the proposed method for uniform data collection to the relevant budget and policy committees of the Legislature.

(d) This section does not change the nature of any employment relationship between providers and the county, public authority, nonprofit consortium, or state.