Roundup: Latest Actions from the Commission on State Mandates and What It Means for Counties 

Slow but steady; the local mandate reimbursement determination process marches forward. Since our update last month, the Commission on State Mandates posted four new documents to their website for matters pending before the Commission, described below in more detail.   

A complete list of all matters pending before the Commission and recent actions is available on the pending caseload webpage. To receive updates directly from the Commission, subscribe to their email lists. 

Questions about the Commission on State Mandates or the state mandate reimbursement process in general? Contact Jessica Sankus, Principal Fiscal and Policy Analyst, at jsankus@counties.org.   

REQUEST FOR RECONSIDERATION  

Child Physical Abuse and Neglect Exams (24-TC-05):  
Recent developments: Last month, the Commission partially approved this test claim. Read the Commission’s decision here. This week, the Commission posted the Claimant’s Request for Reconsideration on the Commission’s Decision, which requests that the Commission ament their decision to approve reimbursement for child abuse exams rendered to children covered by private medical insurance. The Commission will consider this matter during their hearing on April 10. Click here to access the hearing materials and Zoom link.  

Background: AB 1402 (Chapter 841, Statutes of 2023) intended to provide no-cost medical examinations to victims of child abuse and neglect by prohibiting charging the victims. The bill required counties to set up systems to provide examinations at no cost to the victim and instead submit invoices for reimbursement to the California Governor’s Office of Emergency Services, subject to appropriation by the Legislature. The Legislature did not provide an appropriation for this purpose in subsequent state budgets. The provisions of this bill resulted in the removal of authority for county human services departments (or the appropriate equivalent) to bill Medi-Cal for these services. Prior to AB 1402, counties billed Medi-Cal or private health insurance for physical abuse or neglect exams. The test claim for reimbursement argues that the state must reimburse counties for the cost of physical abuse or neglect exams for children  

DRAFT PROPOSED DECISION  

Emergency Shelters: Persons with Pets (24-TC-06) 
Recent developments: Last week, Commission staff published a draft proposed decision for this test claim, recommending partial approval. Counties and other interested parties can file comments with the Commission about the draft proposed decision by March 25. The Commission will hear this matter during their hearing on June 12.  

Background:  AB 781 (Chapter 344, Statutes of 2023), amongst other things, requires emergency plans for cities and counties to designate shelters able to accommodate pets in their next emergency plan update, and requires that whenever a city or county designates any number of emergency shelters, emergency cooling shelters, and emergency warming shelters, it shall designate at least one shelter that can accommodate persons with pets. Sacramento County filed a test claim with the Commission in December 2024 to request reimbursement for counties for the costs to comply with AB 781.  

NEW TEST CLAIM 

CARE Act County Legal Counsel (25-TC-02) 
This week, Commission staff uploaded to their website a new test claim for reimbursement for the Community Assistance, Recovery and Empowerment (CARE) Act (also referred to as “CARE Court”). Amongst other things, the Claimant argues that county attorneys are mandated to participate in extensive court proceedings and provide counsel to county entities that develop and carry out CARE agreements and plans, and that these expenses are eligible for reimbursement from the state.  

Next Steps: Counties and other interested parties can file comments with the Commission about the draft test claim by April 9. The Commission tentatively plans to hear this matter during their hearing on February 12, 2027.  

COMMENTS FROM THE STATE CONTROLLER’S OFFICE 

Child Abduction and Recovery (25-4237-I-06) 
Recent Developments: This week, the State Controller’s Office filed a comment letter with the Commission in response to Ventura County’s Incorrect Reduction Claim for the Child Abduction and Recovery Program.  

Background: The Custody of Minors – Child Abduction and Recovery Program is one of the first programs to be deemed a reimbursable state mandate after Proposition 4 (1979) required the state to reimburse local governments for the costs to comply with state-mandated programs. Since 1979, the state has reimbursed counties for the state-mandated requirement that county district attorneys’ offices actively assist in the resolution of child custody problems including visitation disputes, the enforcement of custody decrees, and of any other order of the court in child custody proceedings. The State Controller’s Office is authorized to perform audits of counties’ claims for reimbursement for state-mandated programs to verify the actual amount of the mandated costs, to determine whether costs claimed are supported by appropriate documentation, and to ensure that claims are not unreasonable or excessive (Government Code Sections 17558.5, 17561, and 12410).   

When the State Controller’s Office disallows costs previously claimed by counties, the affected county may choose to either remit the disallowed amount to the state, or the State Controller’s Office offsets (withholds) commensurate amounts from state-mandated costs reimbursements filed by that county in subsequent fiscal years.