BILL NUMBER: SB 597 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 12, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Liu
FEBRUARY 27, 2009
An act to amend Sections 11460 and 16119 of, and to add Section
16010.2 to, the Welfare and Institutions Code, relating to services
for children.
LEGISLATIVE COUNSEL'S DIGEST
SB 597, as amended, Liu. Child welfare services, foster care
services, and adoption assistance.
(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.
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
costs for reasonable travel for the child to remain in the
school in which he or she is enrolled at the time of placement
.
(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.
(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 AAP 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.
(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.
(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.
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 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 for reasonable travel for the
child to remain in the school in which he or she is enrolled at the
time of placement .
(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. 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. 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. 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.