General Provisions
Section § 1
This section simply names the collection of laws as the Welfare and Institutions Code.
Section § 2
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.
Section § 3
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.
Section § 4
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.
Section § 5
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.
Section § 6
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.
Section § 7
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.
Section § 8
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.
Section § 9
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.
Section § 10
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 § 11
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.
Section § 12
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.
Section § 12.2
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 13
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.'
Section § 14
This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'
Section § 15
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.
Section § 16
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.
Section § 17
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.
Section § 17.1
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.
Section § 18
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.
Section § 19
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.
Section § 19.1
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.
Section § 21
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.
Section § 22
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.
Section § 23
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.
Section § 24
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.
Section § 26
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.
Section § 27
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.