BILL NUMBER: AB 1982	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2006
	AMENDED IN ASSEMBLY  MARCH 23, 2006

INTRODUCED BY   Assembly Member  Bass   Coto

    (   Principal   coauthors:  
Senators   Alarcon   and Ortiz   ) 

                        FEBRUARY 9, 2006

    An act to amend Section 11363 of the Welfare and
Institutions Code, relating to public social services, and making an
appropriation therefor.   An act to add Part 5.8
(commencing with Section 17850) to Division 9 of the Welfare and
Institutions Code, relating to public benefits. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1982, as amended,  Bass   Coto 
 Kin-Gap.   Public benefits.  
   Federal law, Section 411 of the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORA), provides
that certain persons are not eligible for defined state and local
public benefits unless a state law is enacted subsequent to the
effective date of the act, August 22, 1996, that affirmatively
provides for that eligibility.  
   Existing law establishes programs to provide aid or health care,
or a combination thereof, to persons who meet eligibility
requirements.  
   Existing law requires each county or city and county to provide
aid to its indigent population not supported by other means, and
those county programs are commonly referred to as general assistance
programs.  
   This bill would declare the intent of the Legislature to affirm
the ability of counties, cities, and hospital districts, at their own
discretion, to provide health care and other services to all
residents.  The bill would authorize any city, county, city and
county, or hospital district to provide aid, including health care,
to persons who, but for the provision of the federal PRWORA referred
to above, would meet the eligibility requirements for any program of
that entity.   
   Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program for the allocation of federal funds received through the TANF
program, under which each county provides cash assistance and other
benefits to qualified low-income families.  
   This state, under the CalWORKs program, through the Kinship
Guardianship Assistance Payment Program, provides aid on behalf of
eligible children who are placed in the home of a relative caretaker,
and limits the application of the program to children who have been
adjudged a dependent child of the juvenile court and whose dependency
has been dismissed on or after January 1, 2000, concurrently or
subsequent to the establishment of the kinship guardianship. The
program is funded by state and county funding and available federal
funds.  
   Existing law continuously appropriates state funds from the
General Fund for allocation to each county for 50% of the nonfederal
share of the cost of Kin-Gap payments.  
   This bill would extend the scope of the Kin-Gap Program to include
certain delinquent children who have been declared a ward of the
juvenile court. By expanding eligibility for aid under the Kin-Gap
Program, this bill would result in an appropriation, and would result
in an increase in the level of county participation and
administration of the Kin-Gap Program, thus constituting 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.  
   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. 
   Vote:  2/3   majority  . Appropriation:
 yes   no . Fiscal committee:  yes
  no  .  State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.    Part 5.8 (commencing with Section
17850) is added to Division 9 of the   Welfare and
Institutions Code   , to read: 

       PART 5.8.  PUBLIC BENEFITS

   17850.  It is the intent of the Legislature in enacting this part
to affirm the ability of counties, cities, and hospital districts to
provide health care and other services to all residents, if any of
these entities has decided to do so at its own discretion.
   17851.  A city, county, city and county, or hospital district may,
at its discretion, provide aid, including health care, to persons
who, but for Section 411 of the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193; 8 U.S.C.
Sec. 1621), would meet eligibility requirements for any program of
that entity.   
  SECTION 1.    Section 11363 of the Welfare and
Institutions Code is amended to read:
   11363.  (a) Aid in the form of Kin-GAP shall be provided under
this article on behalf of any child under 18 years of age who meets
all of the following conditions:
   (1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300 or a ward of the juvenile court pursuant to
Section 601 or 602.
   (2) Has been living with a relative for at least 12 consecutive
months.
   (3) Has had a kinship guardianship with that relative established
as the result of the implementation of a permanent plan pursuant to
Section 366.26 or Section 728.
   (4) Has had his or her dependency dismissed after January 1, 2000,
pursuant to Section 366.3, or his or her wardship terminated
pursuant to subdivision (e) of Section 728, concurrently or
subsequent to the establishment of the kinship guardianship.
   (b) Kin-GAP payments shall continue after the child's 18th
birthday if the conditions specified in Section 11403 are met.
   (c) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP; provided, however, that if an
alternate guardian or coguardian is appointed pursuant to Section
366.3 who is also a kinship guardian, the alternate or coguardian
shall be entitled to receive Kin-GAP on behalf of the child pursuant
to this article. A new period of 12 months of placement with the
alternate guardian or coguardian shall not be required if that
alternate guardian or coguardian has been assessed pursuant to
Section 361.3 and the court terminates dependency jurisdiction.
 
  SEC. 2.    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.