Cal. Code Regs. tit. 9 § 3410

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3410 - Non-Supplant

(a) Funds distributed under this Chapter shall not be used to provide mental health programs and/or services that were in existence on November 2, 2004, except to:

(1) Expand mental health services and/or program capacity beyond what was previously provided.

(2) Continue programs funded in Fiscal Year 2004-2005 with bridge funding, as defined in Section 3200.020.

(b) Funds distributed under this Chapter shall not be used to supplant state or county funds required to be used for services and/or supports that were in existence in Fiscal Year 2004-2005. The only exceptions to this limitation are:

(1) The ten (10) percent of Realignment funds, described in Welfare and Institutions Code Section 17600.20, that the County may reallocate by transferring in or out of its mental health account.

(A) If the County reallocates any portion of the ten (10) percent of Realignment funds out of the mental health account, the County shall adhere to (a) above.

(2) County funds exceeding the amount required to be deposited into the mental health account in Fiscal Year 2004-2005, pursuant to Welfare and Institutions Code Section 17608.05.

(A) If the County elects to reduce funds exceeding the amount required to be deposited into the mental health account in Fiscal Year 2004-2005, the County shall adhere to (a) above.

(c) The County shall not use MHSA funds to pay the costs associated with inflation for programs and/or services that were in existence on November 2, 2004.

(d) The County shall not loan MHSA funds for any purpose that is not consistent with Welfare and Institutions Code Section 5891, and the MHSA regulations, California Code of Regulations, Title 9, Chapter 14.

Cal. Code Regs. Tit. 9, § 3410

1. New section filed 12-30-2005 as an emergency; operative 12-30-2005 (Register 2005, No. 52). This filing is deemed an emergency, is exempt from OAL review, and shall remain in effect for no more than one year pursuant to Welfare and Institutions Code section 5898.
2. Repealer and new section filed 12-29-2006 as an emergency; operative 12-29-2006 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-30-2007 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 5-1-2007 as an emergency; operative 5-1-2007 (Register 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2007 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 8-23-2007 as an emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-23-2007 order, including amendment of subsection (d), transmitted to OAL 12-28-2007 and filed 2-13-2008 (Register 2008, No. 7).

Note: Authority cited: Section 5898, Welfare and Institutions Code. Reference: Sections 5891 and 5892(a)(5), Welfare and Institutions Code.

1. New section filed 12-30-2005 as an emergency; operative 12-30-2005 (Register 2005, No. 52). This filing is deemed an emergency, is exempt from OAL review, and shall remain in effect for no more than one year pursuant to Welfare and Institutions Code section 5898.
2. Repealer and new section filed 12-29-2006 as an emergency; operative 12-29-2006 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-30-2007 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 5-1-2007 as an emergency; operative 5-1-2007 (Register 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2007 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 8-23-2007 as an emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-23-2007 order, including amendment of subsection (d), transmitted to OAL 12-28-2007 and filed 2-13-2008 (Register 2008, No. 7).