BILL NUMBER: AB 1633	CHAPTERED
	BILL TEXT

	CHAPTER  641
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 23, 2005
	AMENDED IN SENATE  AUGUST 15, 2005
	AMENDED IN SENATE  JUNE 20, 2005
	AMENDED IN ASSEMBLY  MAY 27, 2005
	AMENDED IN ASSEMBLY  APRIL 20, 2005
	AMENDED IN ASSEMBLY  MARCH 30, 2005

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

   An act to amend Section 11403 of, to add Section 11401.6 to, and
to add Chapter 6.2 (commencing with Section 13750) to Part 3 of
Division 9 of, the Welfare and Institutions Code, relating to foster
children.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1633, Evans  Foster children: high school: social security
assistance.
   (1) Existing law permits a child who is in foster care and
receiving aid pursuant to the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, who is attending high school
or the equivalent level of vocational or technical training on a
full-time basis prior to his or her 18th birthday, to continue to
receive aid following his or her 18th birthday, if the child
continues to reside in foster care placement, remains otherwise
eligible for AFDC-FC payments, and continues to attend high school or
the equivalent level of vocational or technical training on a
full-time basis and if the child may reasonably be expected to
complete the educational or training program before his or her 19th
birthday.
   Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program,
which includes the AFDC-FC program.
   This bill would extend the opportunity to remain in foster care
placement beyond the age of 18 years to a foster child who is
pursuing a high school equivalency certificate. By extending AFDC-FC
benefits to additional recipients, this bill would increase the
duties of counties administering the program, thus imposing a
state-mandated local program. The bill would declare that no
appropriation would be made pursuant to the existing continuous
appropriation for purposes of implementing these provisions.
   This bill would also declare the intent of the Legislature to
enact legislation relating to educational opportunities and resources
for foster youth, including to provide for designated education and
information for judges, lawyers, and the Legislature, and to require
foster youth to be informed of their education rights.
    (2) Existing law provides for the placement of certain children
in foster care under the custody of the State Department of Social
Services. Existing law, the federal Social Security Act, provides for
benefits for eligible beneficiaries, including survivorship and
disability benefits and supplemental security income (SSI) benefits
for, among others, blind and disabled children. The act authorizes a
person or entity to be appointed as a representative payee for a
beneficiary who cannot manage or direct the management of his or her
money. Existing law also provides for state supplemental payments
(SSP) in supplementation of SSI benefits.
   This bill would require the department to convene a workgroup to
develop best practice guidelines for county welfare departments to
assist eligible children who are in the state's or a county's custody
and are qualified under the bill in obtaining federal social
security and supplemental security income benefits. The bill would
require these guidelines to be established by December 31, 2006, and
would establish the required contents of the guidelines. The bill
would require the department to require each county to, among other
duties, assist in the application process for an eligible foster
child, and would require the county to apply to be appointed the
child's representative payee when no other appropriate party is
available to serve. It would further require the county to establish
a maintenance account and a dedicated account for each child, to
contain proceeds from social security and supplemental security
income benefits, each of which would only be used for the purposes
set forth in the bill. The bill would require the workgroup to make
recommendations to the department, by December 31, 2006, regarding
the feasibility and cost-effectiveness of reserving a designated
amount of foster children's social security and SSI/SSP benefits in
lieu of reimbursing the county and the state for care and
maintenance, and, in making those recommendations, to consider that
the reserved benefits would be for the purpose of assisting the
foster child in the transfer to self-sufficient living in a manner
consistent with federal law.
   This bill would require the county to inform the Social Security
Administration of the foster care status of a child who is receiving
designated federal benefits, and to apply to become the child's
representative payee during the time the child is placed in foster
care. It would also require a county to provide information regarding
certain federal requirements when a foster youth who is receiving
SSI payments is approaching his or her 18th birthday.
   By increasing county duties, this bill would impose a
state-mandated local program.
  (3) 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.
   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.  The Legislature finds and declares all of the
following:
   (a) (1) Children and youth in foster care are more likely to have
more significant emotional and behavioral health problems,
developmental disabilities or delays, or chronic health conditions
than other children.
   (2) Assisting eligible children in securing federal social
security benefits, or Supplemental Security Income/State
Supplementary Payment (SSI/SSP) benefits, is a cost-effective method
to improve the lives of many children and youth in state custody and
to improve their chances of returning to a safe and stable home.
   (3) Disabled children face special barriers when transitioning
from state care and custody.
   (4) Federal financial benefits can be an important source of
support for these children. These benefits also can serve as a buffer
as children transition from state care and custody.
   (5) Many children in foster care go without social security or
SSI/SSP benefits for which they are eligible because no one is
available to assist them with the application process. Only a small
percentage of the children in California that receive SSI/SSP
benefits also receive child welfare services, and many more children
in the state's care are likely eligible for social security or
SSI/SSP benefits.
   (6) For those children who leave state custody at 18 years of age,
social security benefits serve as an important resource in making
the transition out of the state's custody.
   (b) It is also the intent of the Legislature to enact legislation
to do all of the following:
   (1) Provide for the education of judges and lawyers who have
contact with foster youth, regarding the importance of education to
these youth, including the law that permits a foster child to remain
in placement until his or her 19th birthday in order to complete high
school.
   (2) Require appropriate state and local entities to provide
information to the Legislature regarding the number of foster youth
who do not graduate from high school, and the impediments to high
school graduation that face foster youth after emancipation.
   (3) Provide for procedures for informing foster youth of their
education rights and available resources, so that they will be better
able to advocate for their own needs.
  SEC. 2.  Section 11401.6 is added to the Welfare and Institutions
Code, to read:
   11401.6.  At the time of determining eligibility for AFDC-FC
payments, the county shall also determine whether the child is
currently in receipt of benefits pursuant to Title II or Title XVI of
the Social Security Act. If so, the county shall apply to become the
child's representative payee, as appropriate, during the time the
child is placed in foster care.
  SEC. 3.  Section 11403 of the Welfare and Institutions Code is
amended to read:
   11403.  A child who is in foster care and receiving aid pursuant
to this chapter and who is attending high school or the equivalent
level of vocational or technical training on a full-time basis, or
who is in the process of pursuing a high school equivalency
certificate, prior to his or her 18th birthday, may continue to
receive aid following his or her 18th birthday so long as the child
continues to reside in foster care placement, remains otherwise
eligible for AFDC-FC payments, and continues to attend high school or
the equivalent level of vocational or technical training on a
full-time basis, or continues to pursue a high school equivalency
certificate, and the child may reasonably be expected to complete the
educational or training program or to receive a high school
equivalency certificate, before his or her 19th birthday. Aid shall
be provided to an individual pursuant to this section provided both
the individual and the agency responsible for the foster care
placement have signed a mutual agreement, if the individual is
capable of making an informed agreement, which documents the
continued need for out-of-home placement.
  SEC. 4.  Chapter 6.2 (commencing with Section 13750) is added to
Part 3 of Division 9 of the Welfare and Institutions Code, to read:
      CHAPTER 6.2.  FOSTER CARE SOCIAL SECURITY AND SUPPLEMENTAL
SECURITY INCOME ASSISTANCE PROGRAM

   13750.  This chapter shall be known, and may be cited, as the
Foster Care Social Security and Supplemental Security Income
Assistance Program.
   13752.  The State Department of Social Services shall convene a
workgroup comprised of the County Welfare Directors Association,
county welfare directors, child advocacy organizations, current and
former foster youth and other relevant stakeholders, as determined by
the department, to develop best practice guidelines for county
welfare departments to assist children residing in the state's or a
county's custody who are eligible for benefits under Title II of the
federal Social Security Act, pursuant to Section 402 et seq. of Title
42 of the United States Code (social security benefits) and Title
XVI of the Social Security Act, pursuant to Section 1381 of Title 42
of the United States Code (supplemental security income benefits) in
receiving all federal benefits for which they are eligible. The
guidelines shall be established by December 31, 2006, and shall
include, but not be limited to, establishing procedures for all of
the following:
   (a) Determining the time and manner for conducting disability
screenings for children in the custody of the county who may be
eligible for social security or Supplemental Security Income/State
Supplementary Payment (SSI/SSP) benefits.
   (b) Assisting in the application process for social security and
SSI/SSP benefits for each child who, pursuant to the disability
screening, is likely to be determined eligible for benefits.
   (c) Requesting reconsideration and appealing adverse decisions
where appropriate.
   (d) Informing parents and caretakers, at the time the child leaves
foster care, of potential eligibility for social security or SSI/SSP
benefits for any child not receiving benefits but who may be
eligible upon application for those benefits.
   (e) Maximizing the amount of federal benefits received for the
current maintenance of children in the county's custody.
   (f) Informing foster youth of their rights and responsibilities
for the continued receipt of SSI benefits, the sources of assistance
that may be available for resolving problems youth may have with the
receipt of SSI benefits, and the process for transferring accumulated
SSI benefits.
   13753.  When a foster youth who is receiving SSI payments is
approaching his or her 18th birthday, the county shall do all of the
following:
   (a) Provide information to the youth regarding the federal
requirement that the youth establish continuing disability as an
adult, if necessary, in order for SSI benefits to continue beyond his
or her 18th birthday.
   (b) Provide information to the youth regarding the process for
becoming his or her own payee, or designating an appropriate
representative payee if benefits continue beyond his or her 18th
birthday, and regarding any SSI benefits that have accumulated on his
or her behalf.
   (c) Assist the youth, as appropriate, in fulfilling the
requirements of subdivisions (a) and (b).
   13754.  The county shall apply to be appointed representative
payee on behalf of a child beneficiary in its custody when no other
appropriate party is available to serve. In its capacity as
representative payee, the county shall do all of the following:
   (a) Establish a no-cost, interest-bearing maintenance account for
each child in the department's custody for whom the department serves
as representative payee. Interest earned shall be credited to the
account. The county shall keep an itemized current account, in the
manner required by federal law, of all income and expense items for
each child's maintenance account.
   (b) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The county shall use social security and SSI/SSP benefits
only for the following purposes:
   (1) For the use and benefit of the child.
   (2) For purposes determined by the county to be in the child's
best interest.
   (c) Establish and maintain a dedicated account in a financial
institution for past-due monthly benefits that exceed six times the
maximum monthly benefit payable, in accordance with federal law. The
representative payee may deposit into the account established under
this section any other funds representing past due benefits to the
eligible individual, provided that the amount of the past due
benefits is equal to or exceeds the maximum monthly benefit payable.
Funds from the dedicated account shall not be used for basic
maintenance costs. The use of funds from the dedicated account must
be for the benefit of the child and are limited to expenditures for
the following purposes:
   (1) Medical treatment.
   (2) Education or job skills training.
   (3) Personal needs assistance.
   (4) Special equipment.
   (5) Housing modification.
   (6) Therapy or rehabilitation.
   (7) Other items or services, deemed appropriate by the Social
Security Administration.
   13756.  The workgroup convened pursuant to Section 13752 shall
also make recommendations, by December 31, 2006, regarding the
feasibility and cost-effectiveness of reserving an amount, not to
exceed the federal SSI resource limit, of foster children's social
security and SSI/SSP benefits in lieu of reimbursing the county and
the state for care and maintenance. In making its recommendations,
the workgroup shall consider that the reserved benefits are for the
purpose of assisting the child in his or her transition to
self-sufficient living upon leaving foster care in a manner
consistent with federal law.
  SEC. 5.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
  SEC. 6.  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.