AB 503 (2009): Battered Women's Shelters: Grant Program
Wed, 2009-11-11 03:04 — chris
Extends to January 1, 2015, the sunset date of an advisory council which provides consultation to the Department of Public Health (DPH) Domestic Violence Program (DVP), and requires DPH and the California Emergency Management Agency (Cal EMA) to consider consolidation of their respective domestic violence (DV) programs.
Governor Schwarzenegger's Veto Message:
Type:
Legislation
Status:
Legislature Floor To the Members of the California State Assembly: I am returning Assembly Bill 503 without my signature. California's fiscal crisis required tough choices in our state budget. One of the most difficult choices was to eliminate funding for the Department of Public Health's domestic violence program. Since that Department no longer receives funding for this program, extending the sunset date for the advisory committee is also unnecessary. I am, however, signing Senate Bill 273 to extend the advisory council to the California Emergency Management Agency because that program will continue to provide assistance to the victims of domestic violence. While I regret returning this bill without my signature, our fiscal situation compels the elimination of this statutory provision. Sincerely, Arnold Schwarzenegger
BILL NUMBER: AB 503 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Furutani
FEBRUARY 24, 2009
An act to amend Section 124250 of the Health and Safety Code,
relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 503, Furutani. Battered women's shelters: grant program.
Existing law requires the Maternal, Child, and Adolescent Health
Division of the State Department of Public Health to administer a
comprehensive shelter-based services grant program for battered women'
s shelters, and requires the department, in implementing that
program, to consult with an advisory council that remains in
existence until January 1, 2010.
This bill would extend the period during which the advisory
council would remain in existence to January 1, 2015. The bill also
would require the State Department of Public Health to consult with
the California Emergency Management Agency to consider the
consolidation of their respective domestic violence programs and
report conclusions to the Legislature by June 30, 2011.
This bill would incorporate changes to Section 124250 of the
Health and Safety Code proposed by both this bill and SB 273, which
would become operative only if both bills are enacted and this bill
is enacted after SB 273.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 124250 of the Health and Safety Code is amended
to read:
124250. (a) The following definitions shall apply for purposes of
this section:
(1) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, and shall include physical, sexual, and psychological abuse
against the woman, and is a part of a pattern of assaultive,
coercive, and controlling behaviors directed at achieving compliance
from, or control over, that woman.
(2) "Shelter-based" means an established system of services where
battered women and their children may be provided safe or
confidential emergency housing on a 24-hour basis, including, but not
limited to, hotel or motel arrangements, haven, and safe houses.
(3) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for battered women and
their children.
(b) The Maternal, Child, and Adolescent Health Division of the
State Department of Public Health shall administer a comprehensive
shelter-based services grant program to battered women's shelters
pursuant to this section.
(c) The Maternal, Child, and Adolescent Health Division shall
administer grants, awarded as the result of a request for application
process, to battered women's shelters that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, and to
establish new battered women's shelters to provide services, in any
of the following four areas:
(1) Emergency shelter to women and their children escaping violent
family situations.
(2) Transitional housing programs to help women and their children
find housing and jobs so that they are not forced to choose between
returning to a violent relationship or becoming homeless. The
programs may offer up to 18 months of housing, case management, job
training and placement, counseling, support groups, and classes in
parenting and family budgeting.
(3) Legal and other types of advocacy and representation to help
women and their children pursue the appropriate legal options.
(4) Other support services for battered women and their children.
(d) (1) The Maternal, Child, and Adolescent Health Division of the
State Department of Public Health shall conduct a minimum of one
site visit per grant term to each agency funded to provide
shelter-based services to battered women and their children. The
purpose of the site visit shall be a performance assessment of, and
technical assistance for, each agency visited. The performance
assessment shall include, but need not be limited to, a review of all
of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(2) Subsequent to each site visit conducted under paragraph (1),
the Maternal, Child, and Adolescent Health Division shall provide a
written report to the agency summarizing the agency's performance,
any deficiencies noted, and any corrective action needed.
(3) If an agency receives funding from both the Maternal, Child,
and Adolescent Health Division of the State Department of Public
Health and the Domestic Violence Program in the California Emergency
Management Agency during any grant cycle, the Maternal, Child, and
Adolescent Health Division and the Comprehensive Statewide Domestic
Violence Program shall, to the extent feasible, coordinate agency
site visits and share performance assessment data with the goal of
improving efficiency, eliminating duplication, and reducing
administrative costs.
(e) In implementing the grant program pursuant to this section,
the State Department of Public Health shall consult with an advisory
council that shall remain in existence until January 1, 2015. The
council shall be composed of not to exceed 13 voting members and two
nonvoting ex officio members appointed as follows:
(1) Seven members appointed by the Governor.
(2) Three members appointed by the Speaker of the Assembly.
(3) Three members appointed by the Senate Committee on Rules.
(4) Two nonvoting ex officio members who shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with, and participate
in the activities of, the council to the extent that participation
is not incompatible with his or her position as a Member of the
Legislature.
The membership of the council shall consist of domestic violence
advocates, battered women service providers, and representatives of
women's organizations, law enforcement, and other groups involved
with domestic violence, and at least one representative of service
providers serving the lesbian, gay, bisexual, and transgender
community for purposes of domestic violence. At least one-half of the
council membership shall consist of domestic violence advocates or
battered women service providers from organizations such as the
California Partnership to End Domestic Violence.
It is the intent of the Legislature that the council membership
reflect the ethnic, racial, cultural, and geographic diversity of the
state.
(f) The department shall collaborate closely with the council in
the development of funding priorities, the framing of the Request for
Proposals, and the solicitation of proposals.
(g) (1) The Maternal, Child, and Adolescent Health Division of the
State Department of Public Health shall administer grants, awarded
as the result of a request for application process, to agencies to
conduct demonstration projects to serve battered women and their
children, including, but not limited to, creative and innovative
service approaches, such as community response teams and pilot
projects to develop new interventions emphasizing prevention and
education, and other support projects identified by the advisory
council.
(2) For purposes of this subdivision, "agency" means a state
agency, a local government, a community-based organization, or a
nonprofit organization.
(h) It is the intent of the Legislature that services funded by
this program include services for battered women in underserved
communities, including the lesbian, gay, bisexual, and transgender
community, and ethnic and racial communities. Therefore, the
Maternal, Child, and Adolescent Health Division of the State
Department of Public Health shall do all of the following:
(1) Fund shelters pursuant to this section that reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.
(2) Target geographic areas and ethnic and racial communities of
the state whereby, based on a needs assessment, it is determined that
no shelter-based services for battered women exist or that
additional resources are necessary.
(i) The director may award additional grants to shelter-based
agencies when it is determined that there exists a critical need for
shelter or shelter-based services.
(j) As a condition of receiving funding pursuant to this section,
battered women's shelters shall do all of the following:
(1) Provide matching funds or in-kind contributions equivalent to
not less than 20 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(2) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
(k) The State Department of Public Health shall consult with the
California Emergency Management Agency to consider the consolidation
of their respective domestic violence programs and report conclusions
to the Legislature by June 30, 2011.
SEC. 1.5. Section 124250 of the Health and Safety Code is amended
to read:
124250. (a) The following definitions shall apply for purposes of
this section:
(1) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent intimate partners,
and shall include physical, sexual, and psychological abuse against
the partner, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over, that partner.
(2) "Shelter-based" means an established system of services where
victims of domestic violence and their children may be provided safe
or confidential emergency housing on a 24-hour basis, including, but
not limited to, hotel or motel arrangements, haven, and safe houses.
(3) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
(b) The Maternal, Child, and Adolescent Health Division of the
State Department of Public Health shall administer a comprehensive
shelter-based services grant program to battered women's shelters
pursuant to this section. This program shall comport with the
requirements of Section 11135 of the Government Code.
(c) The Maternal, Child, and Adolescent Health Division shall
administer grants, awarded as the result of a request for application
process, to battered women's shelters that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, and to
establish new battered women's shelters to provide services, in any
of the following four areas:
(1) Emergency shelter to victims of domestic violence and their
children escaping violent family situations.
(2) Transitional housing programs to help victims of domestic
violence and their children find housing and jobs so they are not
forced to choose between returning to a violent relationship or
becoming homeless. The programs may offer up to 18 months of housing,
case management, job training and placement, counseling, support
groups, and classes in parenting and family budgeting.
(3) Legal and other types of advocacy and representation to help
victims of domestic violence and their children pursue appropriate
legal options.
(4) Other support services for victims of domestic violence and
their children.
(d) (1) The Maternal, Child, and Adolescent Health Division shall
conduct a minimum of one site visit per grant term to each agency
funded to provide shelter-based services to victims of domestic
violence and their children. The purpose of the site visit shall be a
performance assessment of, and technical assistance for, each agency
visited. The performance assessment shall include, but need not be
limited to, a review of all of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(2) Subsequent to each site visit conducted under paragraph (1),
the Maternal, Child, and Adolescent Health Division shall provide a
written report to the agency summarizing the agency's performance,
deficiencies noted, and corrective action needed.
(3) If an agency receives funding from both the Maternal, Child,
and Adolescent Health Division and the Comprehensive Statewide
Domestic Violence Program in the California Emergency Management
Agency during any grant cycle, the Maternal, Child, and Adolescent
Health Division and the Comprehensive Statewide Domestic Violence
Program shall, to the extent feasible, coordinate agency site visits
and share performance assessment data with the goal of improving
efficiency, eliminating duplication, and reducing administrative
costs.
(e) In implementing the grant program pursuant to this section,
the department shall consult with an advisory council that shall
remain in existence until January 1, 2015. The council shall be
composed of not to exceed 13 voting members and two nonvoting ex
officio members appointed as follows:
(1) Seven members appointed by the Governor.
(2) Three members appointed by the Speaker of the Assembly.
(3) Three members appointed by the Senate Committee on Rules.
(4) Two nonvoting ex officio members who shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with, and participate
in the activities of, the council to the extent that participation
is not incompatible with his or her position as a Member of the
Legislature.
The membership of the council shall consist of domestic violence
advocates, battered women service providers, and representatives of
women's organizations, law enforcement, and other groups involved
with domestic violence, and at least one representative of service
providers serving the lesbian, gay, bisexual, and transgender
community for purposes of domestic violence. At least one-half of the
council membership shall consist of domestic violence advocates or
battered women service providers from organizations such as the
California Partnership to End Domestic Violence.
It is the intent of the Legislature that the council membership
reflect the ethnic, racial, cultural, and geographic diversity of the
state.
(f) The department shall collaborate closely with the council in
the development of funding priorities, the framing of the Request for
Proposals, and the solicitation of proposals.
(g) (1) The Maternal, Child, and Adolescent Health Division shall
administer grants, awarded as the result of a request for application
process, to agencies to conduct demonstration projects to serve
victims of domestic violence including, but not limited to, creative
and innovative service approaches, such as community response teams
and pilot projects to develop new interventions emphasizing
prevention and education, and other support projects identified by
the advisory council.
(2) For purposes of this subdivision, "agency" means a state
agency, a local government, a community-based organization, or a
nonprofit organization.
(h) It is the intent of the Legislature that services funded by
this program include services for victims of domestic violence in
underserved communities, including the lesbian, gay, bisexual, and
transgender community, and ethnic and racial communities. Therefore,
the Maternal, Child, and Adolescent Health Division shall do all of
the following:
(1) Fund shelters pursuant to this section that reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.
(2) Target geographic areas and ethnic and racial communities of
the state whereby, based on a needs assessment, it is determined that
no shelter-based services for battered women exist or that
additional resources are necessary.
(i) The director may award additional grants to shelter-based
agencies when it is determined that there exists a critical need for
shelter or shelter-based services.
(j) As a condition of receiving funding pursuant to this section,
battered women's shelters shall do both of the following:
(1) Provide matching funds or in-kind contributions equivalent to
not less than 20 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(2) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
(k) The State Department of Public Health shall consult with the
California Emergency Management Agency to consider the consolidation
of their respective domestic violence programs and report to the
Legislature by June 30, 2011.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 124250 of the Health and Safety Code proposed by both this
bill and SB 273. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2010, (2) each
bill amends Section 124250 of the Health and Safety Code, and (3)
this bill is enacted after SB 273, in which case Section 1 of this
bill shall not become operative.| Attachment | Size |
|---|---|
| ab_503_bill_20090910_enrolled.pdf | 95.79 KB |
Vetoed By:
Arnold Schwarzenegger