Section § 1

Explanation

This section simply names the collection of laws as the Welfare and Institutions Code.

This act shall be known as the Welfare and Institutions Code.

Section § 2

Explanation

This section explains that if any part of this code is very similar to existing laws on the same topic, it should be seen as a continuation of those laws, not as entirely new laws.

The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.

Section § 3

Explanation

If someone is already in a government position when a new code takes effect, and their role still exists under the new code, they get to keep their job under the same terms as before.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof.

Section § 4

Explanation

This section means that if a legal action was started or a right was established before the education code came into effect, those won't be changed by the new code. However, future steps in those cases should follow the new rules as much as they can.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Section § 5

Explanation

This section explains that unless a specific situation calls for a different interpretation, the general rules provided next will be used to interpret this code.

Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.

Section § 6

Explanation

This section of the law explains that the titles and headings throughout the legal document are there for organizational purposes only. They do not have any legal power to change or limit what the actual laws or rules are saying.

Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof.

Section § 7

Explanation

This law says that if a public officer is given a power or responsibility by this code, a deputy or someone legally authorized by the officer can carry out that power or duty, unless the law specifically states otherwise.

Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided.

Section § 8

Explanation

This law section states that any type of communication required by this code, such as a notice or report, needs to be written down in English. It should be in a format that people can read visually, like a written document.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language.

Section § 9

Explanation

This law means that if a part of the code or any other state law is mentioned, it includes the latest updates and any future changes or additions. So, when referencing the law, always consider the most current version with all its amendments.

Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made.

Section § 10

Explanation

This section defines the terms "section" and "subdivision" specifically for this code. When the text refers to a "section," it means a part of this code, unless another law is mentioned. Similarly, "subdivision" refers to a part within that specific section unless another section is mentioned.

“Section” means a section of this code unless some other statute is specifically mentioned, and “subdivision” means a subdivision of the section in which that term appears unless some other section is expressly mentioned.

Section § 11

Explanation

This law section means that when you see verbs in the present tense, they also refer to actions in the past and future. Likewise, verbs in the future tense include the present.

The present tense includes the past and future tenses, and the future tense includes the present.

Section § 12

Explanation

This law states that any references to males in legal language also include females and neutral terms. Essentially, when you see a masculine term, it applies to everyone, regardless of gender.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This law means that when something is written in the singular form, it also applies to multiple items, and vice versa. So, if a rule mentions 'a person,' it also means 'people,' and 'people' would apply to 'a person.'

The singular number includes the plural, and the plural number includes the singular.

Section § 14

Explanation

This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'

“County” includes “city and county.”

Section § 15

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 16

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 17

Explanation

This section explains that if someone can't write their name, they can use a mark as their signature. A witness must write the person's name near the mark and also sign their own name nearby. If this marked signature is used for official purposes, like being acknowledged or used in a sworn statement, it needs two witnesses who both sign their own names next to it.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 17.1

Explanation

This section explains how to determine the residence of minors and nonminor dependents when it's not clearly defined by other laws. Generally, a child's residence is where their parent or legal guardian lives, or where a court has granted custody. If multiple people share custody, the child lives where they physically reside. A child found abandoned is considered to reside where found. If a child's residence can't be determined by usual means but they've lived in a county for a year, that becomes their residence. If a child is permanently separated from parents, they reside in the court's county that issued such orders. For nonminor dependents in stable living arrangements under juvenile court jurisdiction, who’ve lived in a county for a year and intend to stay, that county becomes their residence. Finally, if the juvenile court’s jurisdiction over a nonminor dependent resumes, the county they’ve lived in for a year at the time of filing becomes their residence.

Unless otherwise provided under the provisions of this code, to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:
(a)CA Welfare & Institutions Code § 17.1(a) The residence of the parent with whom a child maintains his or her place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
(b)CA Welfare & Institutions Code § 17.1(b) Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, “custody” means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case “custody” means the physical custody of the child by one of the persons sharing the right to custody.
(c)CA Welfare & Institutions Code § 17.1(c) The residence of a foundling shall be deemed to be that of the county in which the child is found.
(d)CA Welfare & Institutions Code § 17.1(d) If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year.
(e)CA Welfare & Institutions Code § 17.1(e) If the child has been declared permanently free from the custody and control of his or her parents, his or her residence is the county in which the court issuing the order is situated.
(f)CA Welfare & Institutions Code § 17.1(f) If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed his or her intent to remain in that county.
(g)CA Welfare & Institutions Code § 17.1(g) If a nonminor dependent’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that he or she has had a continuous physical presence in the county for one year and has expressed his or her intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.

Section § 18

Explanation

This law states that if a part of this code is found to be invalid or doesn't apply to someone or a situation, the rest of the code remains in effect and isn't impacted by this invalid part.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 19

Explanation

This law is about ensuring the safety and well-being of children through programs and services. It gives juvenile courts, probation departments, and other local agencies the authority to provide necessary protective services. The goal is to protect children’s rights and welfare, particularly if their current living situation is harmful, regardless of whether they are already known to these agencies.

It is the purpose of this code, in establishing programs and services which are designed to provide protection, support or care of children, to provide protective services to the fullest extent deemed necessary by the juvenile court, probation department or other public agencies designated by the board of supervisors to perform the duties prescribed by this code to insure that the rights or physical, mental or moral welfare of children are not violated or threatened by their present circumstances or environment. Such essential services may be provided irrespective of whether the child or the family of the child is otherwise known to the responsible local agency.

Section § 19.1

Explanation

This section outlines the purpose of public social services funded by the state for counties. It aims to provide support for needy families, help individuals achieve self-sufficiency, and offer protection to vulnerable people, including children and those with disabilities, from exploitation and harm.

The purpose of the public social services for which state grants-in-aid are made to counties are:
(a)CA Welfare & Institutions Code § 19.1(a) To provide on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons.
(b)CA Welfare & Institutions Code § 19.1(b) To provide timely and appropriate services to assist individuals develop or use whatever capacity they can maintain or achieve for self-care or self-support.
(c)CA Welfare & Institutions Code § 19.1(c) To provide protective services to handicapped or deprived persons subject to social or legal disability, and to children and others subject to exploitation jeopardizing their present or future health, opportunity for normal development or capacity for independence.

Section § 21

Explanation

This section explains that specific departments are responsible for different areas within California's legal code. When the law mentions the 'State Department of Benefit Payments' or the 'Department of Benefit Payments' regarding aid, it actually refers to the State Department of Social Services. In the context of mental disorders, it refers to the State Department of Health Care Services, and for developmental disabilities, it points to the State Department of Developmental Services.

Similarly, when the law refers to the 'State Department of Health' or 'Department of Health' in connection with health services, medical assistance, or benefits, it is talking about the State Department of Health Care Services or the State Department of Public Health, depending on the situation. For mental disorders, the reference is to the State Department of Health Care Services, and for developmental disabilities, it is meant to indicate the State Department of Developmental Services.

When the role of 'Director of Benefit Payments' is mentioned in the context of aid, it means the Director of Social Services. If it's related to mental disorders, the term refers to the Director of Health Care Services, and for developmental disabilities, it means the Director of Developmental Services. References to the 'State Director of Health' or 'Director of Health' concerning health services, medical assistance, or benefits mean the Director of Health Care Services. Again, when connected to mental disorders, this means the Director of Health Care Services, and for developmental disabilities, the Director of Developmental Services.

(a)CA Welfare & Institutions Code § 21(a) Whenever any reference is made in any provision of this code to the “State Department of Benefit Payments” or the “Department of Benefit Payments” with respect to aid, it means the State Department of Social Services.
Whenever any reference is made to the “State Department of Benefit Payments” or “Department of Benefit Payments” with respect to mental disorders, it means the State Department of Health Care Services. Whenever reference is made to the “State Department of Benefit Payments” or “Department of Benefit Payments” with respect to developmental disabilities, it means the State Department of Developmental Services.
(b)CA Welfare & Institutions Code § 21(b) Whenever any reference is made in any provision of this code to the “State Department of Health” or the “Department of Health” with respect to health services, medical assistance, or benefits, it means the State Department of Health Care Services or the State Department of Public Health, as applicable.
Whenever any reference is made to the “State Department of Health” or the “Department of Health” with respect to mental disorders, it means the State Department of Health Care Services. Whenever any reference is made to the “State Department of Health” or “Department of Health” in respect to developmental disabilities, it means the State Department of Developmental Services.
(c)CA Welfare & Institutions Code § 21(c) Whenever any reference is made in any provision of this code to the “Director of Benefit Payments” with respect to aid, it means the Director of Social Services.
Whenever any reference is made to the “Director of Benefit Payments” with respect to mental disorders, it means the Director of Health Care Services. Whenever any reference is made to the “Director of Benefit Payments” with respect to developmental disabilities, it means the Director of Developmental Services.
(d)CA Welfare & Institutions Code § 21(d) Whenever any reference is made in any provision of this code to the “State Director of Health” or “Director of Health” with respect to health services, medical assistance, or benefits, it means the Director of Health Care Services.
Whenever any reference is made to the “State Director of Health” or “Director of Health” with respect to mental disorders, it means the Director of Health Care Services. Whenever any reference is made to the “State Director of Health” or “Director of Health” with reference to developmental disabilities, it means the Director of Developmental Services.

Section § 22

Explanation

This law section is about updating references in legal documents related to certain facilities in California. When laws mention specific chapters of the Welfare and Institutions Code or the Health and Safety Code, they should be switched out for more current chapters. Essentially, if a law talks about health facilities, it should now refer to Chapter 2 starting at Section 1250. If it concerns community care facilities, it should refer to Chapter 3 starting at Section 1500.

Whenever in any provision of law there is a reference to Chapter 1 (commencing with Section 7000) of Division 7 of the Welfare and Institutions Code or Chapter 2 (commencing with Section 1400) of Division 2 of the Health and Safety Code, if it applies to a health facility, it shall be deemed to mean Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code or if it applies to a community care facility, it shall be deemed to mean Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.

Section § 23

Explanation

This law clarifies that whenever other laws mention specific sections related to community care facilities, they should be understood to refer to a particular section in the Health and Safety Code. This ensures consistency in how these references are interpreted across various legal documents.

Whenever in any provision of law there is a reference to Chapter 1 (commencing with Section 7000) of Division 7 of the Welfare and Institutions Code relating to community care facilities as defined by Section 1502 of the Health and Safety Code or Chapter 1 (commencing with Section 16000) of Part 4 of Division 9 of the Welfare and Institutions Code or to Chapter 3 (commencing with Section 16200) of Part 4 of Division 9 of the Welfare and Institutions Code, it shall be deemed to mean Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.

Section § 24

Explanation

This law states that certain changes made to various sections in 1975 will be effective only if they do not conflict with federal law. This means that California's modifications depend on compatibility with federal legal standards.

The provisions of Chapter 1129 of the Statutes of 1975 amending Sections 17.1, 739, 883, 1050, 1711, 1760.4, 10000, 10617, 11250.5, 11307, 11310, 11325, 17102 and 18907 shall be operational to the extent they are not in conflict with federal law.

Section § 26

Explanation

This section explains how to interpret and compare assessed property values and tax rates in California. For the fiscal year 1980-81 and before, the assessed value was 25% of full value; from 1981-82 onwards, it's 100%. Tax rates are shown as dollars per $100 of assessed value until 1980-81, and as a percentage of full value after. When comparing tax data from different years, adjustments are needed to make sure they're on the same basis.

To convert between the two tax rate methods, multiply a rate based on a 25% assessment by 0.25% to get a percentage of full value, or multiply a percentage of full value by 400 to get the equivalent dollar rate per $100 assessed value.

(a)CA Welfare & Institutions Code § 26(a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to and including the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter.
(b)CA Welfare & Institutions Code § 26(b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized.
(c)CA Welfare & Institutions Code § 26(c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio.

Section § 27

Explanation

This law section mandates that any agency or department that sets out regulations on children's rights must include the specific rights of foster children as detailed in another section, which is Section 16001.9.

Each agency and department responsible for listing in regulations the rights of children under this division shall incorporate the rights of foster children, as listed in Section 16001.9 on the list.