BILL NUMBER: SB 597 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Liu
FEBRUARY 27, 2009
An act to amend Section 7950 of the Family Code, and to
amend Sections 11402, 11460, 14005.28, Sections 11460
and 16119 of, and to add Section 16010.2
to, and to add Article 5.75 (commencing with Section 299.1) to
Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions
Code, relating to, the Welfare and Institutions Code,
relating to services for children , and making an
appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 597, as amended, Liu. Child welfare services, foster care
services, and adoption assistance.
(1) Existing law provides for the out-of-home placement of
children who are unable to remain in the custody and care of their
parent or parents, and provides for a range of child welfare, foster
care, and adoption assistance services for which these children may
be eligible.
Existing federal law, the Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351; the federal
act) revises and expands federal programs and funding for certain
foster and adopted children.
Under existing law, placement of a child should be made in the
home of a relative, unless that placement would not be in the best
interests of the child.
This bill would require the State Department of Social Services,
or other entity responsible for a child's placement, to exercise due
diligence to identify and provide notice to all adult grandparents
and other adult relatives of the child, including any other adult
relative suggested by the parent or parents, subject to exceptions
due to family or domestic violence, as required in the federal act.
This bill would require the State Department of Social Services to
take all necessary steps to provide counties with more direct access
to information contained in the Federal Parent Locator Service,
pursuant to the federal act, for purposes of providing child welfare
services, foster care services, and adoption assistance.
(2)
(1) Existing law establishes the Aid to Families with
Dependent Children-Foster Care (AFDC-FC) program, under which
counties provide payments to foster care providers on behalf of
qualified children in foster care. The program is funded by a
combination of federal, state, and county funds. Under existing law,
AFDC-FC benefits are available, with specified exceptions, on behalf
of qualified children under 18 years of age. Moneys from the General
Fund are continuously appropriated to pay for the state's share of
AFDC-FC costs.
Under existing law, in order to be eligible for AFDC-FC benefits,
a child must be placed in one of 8 designated placements.
This bill would add to the eligible AFDC-FC placements, with
respect to an otherwise eligible youth over 18 years of age, an
independent, supervised home setting. By increasing the available
placement options, the bill would make an appropriation. The bill
would also increase county duties in administering the AFDC-FC
Program, thus imposing a state-mandated local program.
Existing law requires foster care providers to be paid a per child
per month rate in return for the care and supervision of the AFDC-FC
child placed with them, and defines the term "care and supervision"
for this purpose.
This bill would expand the definition of "care and supervision"
to include travel costs for educational purposes.
(3) Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
benefits. Existing law requires the department, if, and to the extent
that, all necessary federal approvals are obtained for federal
financial participation, to implement a federal option to extend
Medi-Cal benefits to independent foster care adolescents, as defined
in federal law.
This bill would specify that if the department has exercised its
option to extend Medi-Cal benefits to those independent foster care
adolescents, the department, to the extent that federal financial
participation is available, shall not require the independent foster
care adolescent to complete any paperwork qualification or provide
any other information as a condition to continuing to receive the
Medi-Cal benefits to which he or she is already entitled.
(4)
(2) Under existing law, the case plan is the foundation
and central unifying tool in child welfare services. The components
of the case plan include, when appropriate, a written description of
the programs and services that will help a child, consistent with the
child's best interests, prepare for the transition from foster care
to independent living, for a child who is 16 years of age or older.
Existing law requires, when a child is placed in foster care, that
the child's case plan include a summary of the health and education
information or records, including mental health information or
records, of the child.
This bill would require the State Department of Social Services,
in consultation with pediatricians, health care experts, and experts
in and recipients of child welfare services, and with the advice and
assistance of the Child Welfare Council, to develop a plan for the
ongoing oversight and coordination of health care services for a
child in a foster care placement, consistent with the federal act.
(5)
(3) Existing law provides for the Adoption Assistance
Program (AAP), to be established and administered by the State
Department of Social Services or the county, for the purpose of
benefiting children residing in foster homes by providing the
stability and security of permanent homes. The AAP provides for the
payment by the department and counties, of cash assistance to
eligible families that adopt eligible children, and bases the amount
of the payment on the needs of the child and the resources of the
family to meet those needs.
Under existing law, at the time application for adoption of a
child who is potentially eligible for Adoption Assistance
Program AA P benefits is made, and at
the time immediately prior to the finalization of the adoption
decree, the department or the licensed adoption agency, whichever is
appropriate, is required to provide the prospective adoptive family
with designated information.
This bill would additionally require the department or licensed
adoption agency to provide information regarding the federal adoption
tax credit for any individual who is adopting or considering
adopting a child in foster care, in accordance with the federal act.
(6)
(4) Existing law declares the duty of the state to care
for and protect the children that it places into foster care. Under
existing law, the State Department of Social Services has various
powers and duties relating to ensuring that the needs of foster
children are met by local child welfare agencies and foster care
providers, including relative caregivers.
This bill would require the department to apply for a federal
matching grant, known as a family connection grant, for the purpose
of helping children who are in, or at risk of entering, foster care
reconnect with family members, as provided for by a specified
provision of federal law.
(7)
(5) Existing law provides for specified foster parent
training programs in community colleges, funded from the Foster
Children and Parent Training Fund.
Existing law requires the State Department of Social Services to
develop and implement an enhanced statewide basic foster parent
training program, beginning January 1, 1994.
Existing law also requires the department to select and award a
grant to a private nonprofit or public entity for the purpose of
establishing a statewide multipurpose child welfare training program
to meet the needs of designated child welfare personnel.
This bill would require the department to ensure that all federal
financial participation, in accordance with the federal act, is
sought for training provided through the above training programs. The
bill, to the extent that this federal financial participation is
obtained, would require the described training programs to include
Kin-GAP caregivers and child welfare agencies, as prescribed.
(8) This bill, if the Legislature enacts comprehensive legislation
to expand foster care support beyond 18 years of age, as authorized
by the federal act, would allow former foster youth who at 18 years
of age decline to remain in foster care to reenter foster care up to
their 21st birthday or at a lower age set by the Legislature, as
specified. The bill would implement these provisions to the extent
permitted by federal regulation.
(9) 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.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7950 of the Family Code is
amended to read:
7950. (a) With full consideration for the proximity of the
natural parents to the placement so as to facilitate visitation and
family reunification, when a placement in foster care is being made,
the following considerations shall be used:
(1) Placement shall, if possible, be made in the home of a
relative, unless the placement would not be in the best interest of
the child. Diligent efforts shall be made by an agency or entity to
which this subdivision applies, to locate an appropriate relative.
Before any child may be placed in long-term foster care, the court
shall find that the agency or entity to which this subdivision
applies has made diligent efforts to locate an appropriate relative
and that each relative whose name has been submitted to the agency or
entity as a possible caretaker, either by himself or herself or by
other persons, has been evaluated as an appropriate placement
resource. The agency or entity to which this subdivision applies
shall exercise due diligence to identify and provide notice to all
adult grandparents and other adult relatives of the child, including
any other adult relative suggested by the parent or parents, subject
to exceptions due to family or domestic violence. This notification
shall satisfy the requirements of Section 671(a)(29) of Title 42 of
the United States Code.
(2) No agency or entity that receives any state assistance and is
involved in foster care placements may do either of the following:
(A) Deny to any person the opportunity to become a foster parent
on the basis of the race, color, or national origin of the person or
the child involved.
(B) Delay or deny the placement of a child into foster care on the
basis of the race, color, or national origin of the foster parent or
the child involved.
(b) Subdivision (a) shall not be construed to affect the
application of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.).
(c) Nothing in this section precludes a search for an appropriate
relative being conducted simultaneously with a search for a foster
family.
SEC. 2. Article 5.75 (commencing with Section
299.1) is added to Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, to read:
Article 5.75. Relative Identification and Notification
299.1. The department shall take all necessary steps to provide
counties with more direct access to information contained in the
Federal Parent Locator Service, pursuant to Section 653(j) of Title
42 of the United States Code, for purposes of providing child welfare
services, foster care services, and adoption assistance.
299.2. In addition to any other notifications required by law,
within 30 days after a child has been removed from the custody of his
or her parent or parents, the department shall exercise due
diligence to identify and provide notice to all adult grandparents
and other adult relatives of the child, including any other adult
relative suggested by the parent or parents, subject to exceptions
due to family or domestic violence. This notification shall satisfy
the requirements of Section 671(a)(29) of Title 42 of the United
States Code.
SEC. 3. Section 11402 of the Welfare and
Institutions Code, as amended by Section 7 of Chapter 288 of the
Statutes of 2007, is amended to read:
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in Section 11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) With respect to an otherwise eligible youth over 18 years of
age, an independent, supervised home setting.
(j) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 4. Section 11402 of the Welfare and
Institutions Code, as amended by Section 8 of Chapter 288 of the
Statutes of 2007, is amended to read:
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in Section 11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) With respect to an otherwise eligible youth over 18 years of
age, an independent, supervised home setting.
(i) This section shall become operative on July 1, 2011.
SEC. 5. SECTION 1. Section 11460 of
the Welfare and Institutions Code is amended to read:
11460. (a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State functions
shall be performed by the department or by delegation of the
department to county welfare departments or Indian tribes that have
entered into an agreement pursuant to Section 10553.1.
(b) "Care and supervision" includes food, clothing, shelter, daily
supervision, school supplies, a child's personal incidentals,
liability insurance with respect to a child, reasonable travel to the
child's home for visitation, and costs of travel for educational
purposes.
(1) For a child placed in a group home, care and supervision shall
also include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.
(2) For a child placed in a group home, care and supervision may
also include reasonable activities performed by social workers
employed by the group home provider which are not otherwise
considered daily supervision or administration activities.
(c) It is the intent of the Legislature to establish the maximum
level of state participation in out-of-state foster care group home
program rates effective January 1, 1992.
(1) The department shall develop regulations that establish the
method for determining the level of state participation for each
out-of-state group home program. The department shall consider all of
the following methods:
(A) A standardized system based on the level of care and services
per child per month as detailed in Section 11462.
(B) A system which considers the actual allowable and reasonable
costs of care and supervision incurred by the program.
(C) A system which considers the rate established by the host
state.
(D) Any other appropriate methods as determined by the department.
(2) State reimbursement for the AFDC-FC group home rate to be paid
to an out-of-state program on or after January 1, 1992, shall only
be paid to programs which have done both of the following:
(A) Submitted a rate application to the department and received a
determination of the level of state participation.
(i) The level of state participation shall not exceed the current
fiscal year's standard rate for rate classification level 14.
(ii) The level of state participation shall not exceed the rate
determined by the ratesetting authority of the state in which the
facility is located.
(iii) The level of state participation shall not decrease for any
child placed prior to January 1, 1992, who continues to be placed in
the same out-of-state group home program.
(B) Agreed to comply with information requests, and program and
fiscal audits as determined necessary by the department.
(3) State reimbursement for an AFDC-FC rate paid on or after
January 1, 1993, shall only be paid to a group home organized and
operated on a nonprofit basis.
(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under
this section, shall not receive rate increases or retroactive
payments as the result of litigation challenging rates established
prior to the effective date of this section. This shall apply
regardless of whether a provider is a party to the litigation or a
member of a class covered by the litigation.
(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes and foster family
agencies within that county, and to make payments for specialized
care increments, clothing allowances, or infant supplements to homes
within that county, solely at that county's expense.
SEC. 6. Section 14005.28 of the Welfare and
Institutions Code is amended to read:
14005.28. (a) To the extent federal financial participation is
available pursuant to an approved state plan amendment, the
department shall exercise its option under Section 1902(a)(10)(A)(ii)
(XVII) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)
(10)(A)(ii)(XVII)) to extend Medi-Cal benefits to independent foster
care adolescents, as defined in Section 1905(w)(1) of the federal
Social Security Act (42 U.S.C. Sec. 1396d(w)(1)).
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and if the
state plan amendment described in subdivision (a) is approved by the
federal Centers for Medicare and Medicaid Services, the department
may implement subdivision (a) without taking any regulatory action
and by means of all-county letters or similar instructions.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(c) The department shall implement subdivision (a) on October 1,
2000, but only if, and to the extent that, the department has
obtained all necessary federal approvals.
(d) If the department has exercised its option under Section 1902
(a)(10)(A)(ii)(XVII) of the federal Social Security Act (42 U.S.C.
Sec. 1396a(a)(10)(A)(ii)(XVII)) to extend Medi-Cal benefits to
independent foster care adolescents, as defined in Section 1905(w)(1)
of the federal Social Security Act (42 U.S.C. Sec. 1396d(w)(1)), to
the extent that federal financial participation is available, at the
time of initial eligibility or at annual redetermination, the
department shall not require the independent foster care adolescent
to complete any paperwork qualification or to provide any other
information as a condition of continuing to receive the Medi-Cal
benefits to which he or she is already entitled.
SEC. 7. SEC. 2. Section 16010.2 is
added to the Welfare and Institutions Code, to read:
16010.2. The department, in consultation with pediatricians,
other health care experts, and experts in and recipients of child
welfare services, and with the advice and assistance of the Child
Welfare Council, shall develop a plan for the ongoing oversight and
coordination of health care services for a child in a foster care
placement. The plan shall ensure a coordinated strategy to identify
and respond to the health care needs of foster children, including
mental health and dental needs, consistent with Section 205 of the
federal Fostering Connections to Success and Increasing Adoptions Act
of 2008 (Public Law 110-351).
SEC. 8. SEC. 3. Section 16119 of the
Welfare and Institutions Code is amended to read:
16119. (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments. The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child. The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health services
through the Medi-Cal program or other programs. The department or
licensed adoption agency shall also provide information regarding the
federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
(c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
(d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family. There shall be no means test used to
determine an adoptive family's eligibility for the Adoption
Assistance Program. In those instances where an otherwise eligible
child does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
(2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
(e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
(f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
(1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
(2) The department determines that the child is no longer
receiving support from the adoptive family.
(3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
(4) The adoptive parents demonstrate a need for an increased
payment.
(5) The adoptive parents voluntarily reduce or terminate payments.
(6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
SEC. 9. SEC. 4. The State Department
of Social Services shall do all of the following:
(a) Apply to the federal Secretary of Health and Human Services
for a family connection grant for the purpose of helping children who
are in, or at risk of entering, foster care reconnect with family
members, as provided for in Section 627 of Title 42 of the United
States Code.
(b) (1) Ensure that all federal financial participation, in
accordance with Section 674(a)(3)(B) of Title 42 of the United States
Code, is sought for training provided through the Foster Children
and Parent Training Fund pursuant to Sections 903.7 and 903.8 of the
Welfare and Institutions Code and the child welfare training program
pursuant to Article 2 (commencing with Section 16205) of Chapter 3 of
Part 4 of Division 9 of the Welfare and Institutions Code.
(2) To the extent that federal financial participation is obtained
pursuant to this section, expand the training provided pursuant to
Sections 903.7 and 903.8 of the Welfare and Institutions Code, to
include Kin-GAP caregivers and child welfare agencies. The training
provided shall include, at a minimum, any services or supports for
foster youth after they leave foster care or reach 18 years of age,
including, but not limited to, the following:
(A) Medi-Cal services.
(B) Chafee education funds.
(C) Education and training vouchers.
(D) The Guardian Scholars Program.
(E) Services available to foster youth through the community
college system.
SEC. 10. If the Legislature enacts
comprehensive legislation to expand foster care support beyond 18
years of age, as authorized by the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351),
former foster youth who at 18 years of age decline to remain in
foster care may reenter foster care up to their 21st birthday or at a
lower age between 18 and 21 years of age if set by the Legislature
for post-age-18 support services. This section shall be implemented
to the extent permitted by federal regulation.
SEC. 11. 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.