BILL NUMBER: AB 770	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 12, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Torres
   (Coauthor: Assembly Member Ammiano)

                        FEBRUARY 26, 2009

   An act to add  Section 16000.5   Sections
16000.5 and 16000.6  to the Welfare and Institutions Code,
relating to Indian tribes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 770, as amended, Torres. Indian tribes: foster care and
adoption programs.
   Existing law provides for child welfare services, which are public
social services directed toward, among other purposes, protecting
and promoting the welfare of all children, including those in foster
care placement. Existing law includes specified findings and
declarations of the Legislature relating to child welfare services.
   This bill would make it the policy of the state to maximize the
opportunities for Indian tribes to operate foster care programs for
Indian children pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008. This bill would require
the State Department of Social Services to negotiate in good faith
with the Indian tribe, organization, or consortium in the state that
requests development of an agreement with the state to administer all
or part of the programs under specified provisions of federal law
relating to foster care and adoption assistance, on behalf of the
Indian children who are under the authority of the tribe,
organization, or consortium.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 16000.5 is added to the Welfare and
Institutions Code, to read:
   16000.5.  The Legislature finds and declares all of the following:

   (a) The Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351) provides Indian tribes with the
option, effective October 1, 2009, to operate a foster care, adoption
assistance, and, at tribal option, a kinship guardianship assistance
program under Title IV-E of the Social Security Act (42 U.S.C. Sec.
671 et seq.). The federal government will share the costs of a tribe
operating an approved Title IV-E program.
   (b) It shall be the policy of the state to maximize the
opportunities for Indian tribes to operate foster care programs for
Indian children pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008. 
   (c) 
   SEC. 2.    Section 16000.6 is added to the  
Welfare and Institutions Code   , to read: 
    16000.6.   The State Department of Social Services shall
negotiate in good faith with the Indian tribe, organization, or
consortium in the state that requests development of an agreement
with the state to administer all or part of the programs under Title
IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.) on
behalf of the Indian children who are under the authority of the
tribe, organization, or consortium.