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

Since our update last week, the Commission on State Mandates has posted several new, notable documents to their website in advance of their April 10 hearing. These materials relate to matters pending before the Commission and are described below in more detail.  Click here to access the April 10 hearing materials and Zoom link.   

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.   

PROPOSED DECISION 

Custody of Minors–Child Abduction and Recovery (24-4237-I-04)  

Recent developments: Commission staff issued the proposed decision for the Commissioners regarding Sacramento County’s Incorrect Reduction Claim for previously disallowed claims for reimbursement. The Commission will hear this matter on April 10.  

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, enforcement of custody decrees, and any other court order in child custody proceedings. The SCO 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 SCO disallows costs previously claimed by counties, the affected county may choose to either remit the disallowed amount to the state, or the SCO offsets (withholds) commensurate amounts from state-mandated costs reimbursements filed by that county in subsequent fiscal years.  

PROPOSED DECISION AND PARAMETERS AND GUIDELINES 

Child Physical Abuse and Neglect Exams (24-TC-05) 

Recent Developments: Commission staff issued the proposed decision for the Commissioners to deny Santa Clara County’s Request for Reconsideration on the Commissions’ previous decision to partially approve the test claim. Commission staff also issued the Parameters and Guidelines and proposed decision for the Commissioners to adopt the Parameters and Guidelines for the partially-approved newly adopted state-mandated program. The Commission will consider this matter during their hearing on April 10.  

Background: Last month, the Commission partially approved this test claim. Read the Commission’s decision here. Subsequently, the Commission posted the Claimant’s Request for Reconsideration on the Commission’s decision, which requests that the Commission amend their decision to approve reimbursement for child abuse exams rendered to children covered by private medical insurance.  

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.   

Stops: Notification by Peace Officers (24-TC-03) 

Recent Developments: Commission staff issued the Parameters and Guidelines and proposed decision for the Commissioners to adopt the Parameters and Guidelines for this newly adopted state-mandated program. The Commission will hear this matter on April 10.  

Background:  AB 2773 (Chapter 805, Statutes of 2022) requires, beginning January 1, 2024, a peace officer making a traffic or pedestrian stop to state the reason for the stop before asking any other questions (i.e., the ubiquitous initial question “Do you know why I pulled you over today?” is not allowable). Peace officers are also required to document the reason for the stop on any citation or report resulting from the stop. The test claim was approved by the Commission in February 2026.