BILL NUMBER: AB 1261 CHAPTERED 10/10/01 CHAPTER 686 FILED WITH SECRETARY OF STATE OCTOBER 10, 2001 APPROVED BY GOVERNOR OCTOBER 10, 2001 PASSED THE ASSEMBLY AUGUST 30, 2001 PASSED THE SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 11, 2001 AMENDED IN SENATE JUNE 28, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY MAY 17, 2001 AMENDED IN ASSEMBLY APRIL 24, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 INTRODUCED BY Assembly Members Migden and Cardenas (Coauthor: Assembly Member Strom-Martin) FEBRUARY 23, 2001 An act to amend Section 11155.5 of the Welfare and Institutions Code, relating to human services. LEGISLATIVE COUNSEL'S DIGEST AB 1261, Migden. Independent Living Program. Existing federal law provides for federal financial participation with states providing foster care and transitional independent living programs for eligible children. Existing law provides for the administration of county transitional housing placement programs that provide transitional housing services for eligible children who are in out-of-home placement under the supervision of the county department of social services or the county probation department, and who are participating in an independent living program. Existing law permits a child declared a ward or dependent child of the juvenile court, who is age 16 years or older and who is a participant in the Independent Living Program pursuant to federal law, to retain cash savings, not to exceed $5,000, as a resource exemption, pursuant to the child's Independent Living Program Case Plan which money shall be for the child's use for purposes directly related to emancipation. This bill would increase to $10,000 the amount of this accumulated savings exemption. This bill would also revise the requirements for retention of the cash savings to require that a child who is declared a ward of the court or dependent child of the juvenile court may retain the cash savings pursuant to federal law regarding the foster care maintenance payments program and pursuant to the child's transitional independent living plan. By increasing amounts of resources that will not be considered in determining eligibility to receive transitional assistance, the bill would increase the class of persons eligible to receive transitional aid assistance, and so would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11155.5 of the Welfare and Institutions Code is amended to read: 11155.5. (a) In addition to the personal property permitted by other provisions of this part, a child declared a ward or dependent child of the juvenile court, who is age 16 years or older, may retain resources with a combined value of not more than ten thousand dollars ($10,000), consistent with Section 472(a) of the federal Social Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal Foster Care Independence Act of 1999 (P.L. 106-169) and the child's transitional independent living plan. Any cash savings shall be the child's own money and shall be deposited by the child or on behalf of the child in any bank or savings and loan institution whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The cash savings shall be for the child's use for purposes directly related to emancipation pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code. (b) The withdrawal of the savings shall require the written approval of the child's probation officer or social worker and shall be directly related to the goal of emancipation. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.