BILL NUMBER: AB 212 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member Beall
JANUARY 31, 2011
An act to amend Section 17552 of the Family Code, and to
amend Sections 366.31, 366.4, 388, 391, 727.3, 727.31,
728, 785, 11363, 11386, 11400, and 11403
11403, 16120, and 16504.5 of, and to add Section 11403.01
to, the Welfare and Institutions Code, relating to public social
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 212, as amended, Beall. California Fostering Connections to
Success Act.
Existing law, the California Fostering Connections to Success Act,
revises and expands the scope of various programs relating to the
provision of cash assistance and other services to and for the
benefit of certain foster and adopted children, and other children
who have been placed in out-of-home care, including children who
receive Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Adoption Assistance Program, California Work Opportunity
and Responsibility to Kids (CalWORKs), and Kinship Guardianship
Assistance Payment (Kin-GAP) benefits. Among other provisions, the
act extends specified foster care benefits to youth up to 19, 20, and
21 years of age, if specified conditions are met, commencing January
1, 2012.
Existing law, through the Kin-GAP program, which is a part of the
CalWORKs program, provides aid on behalf of eligible children who are
placed in the home of a relative caretaker. Existing law provides
state-funded Kin-GAP assistance for youth not eligible under the
federally funded program and requires the state to exercise its
option under specified federal law to establish a kinship
guardianship assistance payment program, as specified, for youth
eligible for federal financial participation for Kin-GAP.
Under existing law, CalWORKs benefits may not be granted to or on
behalf of any child who has attained 18 years of age, unless the
child is attending high school or the equivalent level of vocational
or technical training on a full-time basis, and is expected to
complete the educational or training program before his or her 19th
birthday.
This bill would establish similar provisions authorizing certain
Kin-GAP recipients to continue to receive Kin-GAP aid after 18 years
of age, if they are attending high school or vocational or technical
training, as specified. By increasing county responsibilities in
administering the Kin-GAP program, this bill would impose a
state-mandated local program. The bill would make related conforming
changes.
Existing law imposes specified duties on the State Department of
Social Services and local child support agencies regarding the
collection and enforcement of child support in cases where a child
has been removed from the parental home.
This bill would modify these provisions to incorporate nonminor
dependents within the existing authority, including specifying that a
nonminor dependent over 19 years of age is not a child for purposes
of referral to the local child support agency.
Existing law requires a county welfare department to provide
certain information, documents, and services to a court prior to a
hearing to terminate dependency jurisdiction, as specified.
This bill would expand the documents required to be provided under
the above circumstances, to include, among other things, an advance
health care directive form. By increasing the duties of county
welfare departments, the bill would impose a state-mandated local
program.
Under existing law, when a minor who is a ward of the juvenile
court is placed in out-of-home care and the court orders a hearing to
consider permanently terminating parental rights to free the minor
for adoption, the court is required to direct the agency supervising
the minor and the licensed county adoption agency or the State
Department of Social Services, as specified, to prepare an assessment
that includes specified information.
This bill would revise the contents of the required assessment
including requiring consideration of the effect of a relative
caregiver's preference for legal guardianship over adoption, as
specified. To the extent that this requirement would increase the
duties of county adoption agencies, the bill would impose a
state-mandated local program.
This bill also would make various technical and
, nonsubstantive , and conforming changes to
provisions of the California Fostering Connections to Success Act.
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: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17552 of the Family
Code is amended to read:
17552. (a) The State Department of Social Services, in
consultation with the Department of Child Support Services, shall
promulgate regulations by which the county child welfare department,
in any case of separation or desertion of a parent or parents from a
child that results in foster care assistance payments under Section
11400 of, or CalWORKs payments to a caretaker relative of a child who
comes within the jurisdiction of the juvenile court under Section
300, 601, or 602 of the Welfare and Institutions Code, who has been
removed from the parental home and placed with the caretaker relative
by court order, and who is under the supervision of the county child
welfare agency or probation department under Section 11250 of, or
Kin-GAP payments under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) of, or aid under
subdivision (c) of Section 10101 of, the Welfare and Institutions
Code, shall determine whether it is in the best interests of the
child or nonminor to have the case referred to the local
child support agency for child support services. If reunification
services are not offered or are terminated, the case may be referred
to the local child support agency, unless the child's permanent plan
is legal guardianship with a relative who is receiving Kin-GAP and
the payment of support by the parent may compromise the stability of
the current placement with the related guardian , or the
permanent plan is transitional foster care for the nonminor under
Section 11403 of the Welfare and Institutions Code . In making
the determination, the department regulations shall provide the
factors the county child welfare department shall consider,
including:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification, in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
(b) The department regulations shall provide that, where the
county child welfare department determines that it is not in the best
interests of the child to seek a support order against the parent,
the county child welfare department shall refrain from referring the
case to the local child support agency. The regulations shall define
those circumstances in which it is not in the best interest of the
child to refer the case to the local child support agency.
(c) The department regulations shall provide, where the county
child welfare department determines that it is not in the child's
best interest to have his or her case referred to the local child
support agency, the county child welfare department shall review that
determination annually periodically to
coincide with the redetermination of AFDC-FC eligibility under
Section 11401.5 of, or the CalWORKs eligibility under Section 11265
of, or Kin-GAP eligibility under Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9 of, the Welfare and Institutions Code, and
shall refer the child's case to the local child support agency upon a
determination that, due to a change in the child's circumstances, it
is no longer contrary to the child's best interests to have his or
her case referred to the local child support agency.
(d) The State Department of Social Services shall promulgate all
necessary regulations pursuant to this section on or before October
1, 2002.
(e) Notwithstanding any other provision of law, a nonminor
dependent, as described in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, who is over 19 years of age, is not a
child for purposes of referral to the local child support agency for
collection or enforcement of child support.
SECTION 1. SEC. 2. Section 366.31 of
the Welfare and Institutions Code is amended to read:
366.31. (a) On and after January 1, 2012, with respect to a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who has a permanent plan of long-term foster care that was ordered
pursuant to Section 366.21, 366.22, 366.25, or 366.26 the court may
continue jurisdiction of the nonminor as a dependent of the juvenile
court or may dismiss dependency jurisdiction pursuant to Section 391.
(b) If the court continues dependency jurisdiction of the nonminor
as a dependent of the juvenile court, the court shall order the
development of a planned permanent living arrangement of a placement
under a mutual agreement, pursuant to Section 11403, which may
include continued placement with the current caregiver or another
licensed or approved caregiver or in a supervised independent living
setting, as defined in subdivision (w) of Section 11400, consistent
with the youth's transitional independent living case plan.
(c) If the court terminates its dependency jurisdiction over a
nonminor dependent pursuant to subdivision (a), it shall retain
jurisdiction over the youth pursuant to Section 303. Consistent with
paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal
Regulations, the court shall authorize a period of trial independence
as defined in subdivision (y) of Section 11400. The court shall set
the end date of the trial independence to be the day prior to the day
the nonminor attains 21 years of age, unless to do so is not in the
nonminor's best interests. If the court has dismissed dependency
jurisdiction pursuant to subdivision (d) of Section 391, the
nonminor, who has not attained 21 years of age, may subsequently file
a petition pursuant to subdivision (e) of Section 388 to have
dependency jurisdiction resumed and the court may vacate its previous
order dismissing dependency jurisdiction over the nonminor
dependent.
SEC. 2. SEC. 3. Section 366.4 of the
Welfare and Institutions Code is amended to read:
366.4. (a) Any minor for whom a guardianship has been established
resulting from the selection or implementation of a permanency plan
pursuant to Section 366.26, or for whom a related guardianship has
been established pursuant to Section 360, or, on and after the date
that the director executes a declaration pursuant to Section 11217, a
nonminor who is receiving Kin-GAP payments pursuant to Section 11363
or 11386, or, on or after January 1, 2012, a nonminor former
dependent child of the juvenile court who is receiving AFDC-FC
benefits pursuant to Section 11405, is within the jurisdiction of the
juvenile court. For those minors, Part 2 (commencing with Section
1500) of Division 4 of the Probate Code, relating to guardianship,
shall not apply. If no specific provision of this code or the
California Rules of Court is applicable, the provisions applicable to
the administration of estates under Part 4 (commencing with Section
2100) of Division 4 of the Probate Code govern so far as they are
applicable to like situations.
(b) Nonrelated legal guardians of the person of a guardianship
pursuant to Section 360 or 366.26 shall be exempt from the provisions
of Sections 2850 and 2851 of the Probate Code.
SEC. 3. SEC. 4. Section 388 of the
Welfare and Institutions Code is amended to read:
388. (a) Any parent or other person having an interest in a child
who is a dependent child of the juvenile court or the child himself
or herself through a properly appointed guardian may, upon grounds of
change of circumstance or new evidence, petition the court in the
same action in which the child was found to be a dependent child of
the juvenile court or in which a guardianship was ordered pursuant to
Section 360 for a hearing to change, modify, or set aside any order
of court previously made or to terminate the jurisdiction of the
court. The petition shall be verified and, if made by a person other
than the child, shall state the petitioner's relationship to or
interest in the child and shall set forth in concise language any
change of circumstance or new evidence that are
is alleged to require the change of order or termination
of jurisdiction.
(b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child. The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child. The petition shall be verified and shall set forth the
following:
(1) Through which parent he or she is related to the dependent
child.
(2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.
(3) The request or order that the petitioner is seeking.
(4) Why that request or order is in the best interest of the
dependent child.
(c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by subparagraph (A) of paragraph (1) of subdivision (a) of Section
361.5, or prior to the hearing set pursuant to subdivision (e) of
Section 366.21 for a child described by subparagraph (B) or (C) of
paragraph (1) of subdivision (a) of Section 361.5, to terminate
court-ordered reunification services provided under subdivision (a)
of Section 361.5 only if one of the following conditions exists:
(A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying termination of court-ordered
reunification services.
(B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent or guardian's failure to visit the
child, or the failure of the parent or guardian to participate
regularly and make substantive progress in a court-ordered treatment
plan.
(2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors including, but not
limited to, the parent or guardian's incarceration,
institutionalization, or participation in a court-ordered residential
substance abuse treatment program.
(3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a preponderance
of evidence that reasonable services have been offered or provided,
and upon a finding of clear and convincing evidence that one of the
conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
(d) If it appears that the best interests of the child may be
promoted by the proposed change of order, recognition of a sibling
relationship, termination of jurisdiction, or clear and convincing
evidence supports revocation or termination of court-ordered
reunification services, the court shall order that a hearing be held
and shall give prior notice, or cause prior notice to be given, to
the persons and by the means prescribed by Section 386, and, in those
instances in which the means of giving notice is not prescribed by
those sections, then by means the court prescribes.
(e) (1) On and after January 1, 2012, a nonminor who has not
attained 19 years of age, or, commencing January 1, 2013, 20 years of
age, or, commencing January 1, 2014, 21 years of age, for whom the
court has dismissed dependency jurisdiction pursuant to Section 391,
or delinquency jurisdiction pursuant to subdivision (e) of Section
785, but has retained general jurisdiction under Section 303, and has
ordered a period of trial independence pursuant to Section 366.31,
may petition the court in the same action in which the child was
found to be a dependent or delinquent child of the juvenile court for
a hearing to resume the dependency or delinquency jurisdiction of
the court. The petition shall be filed within the period of trial
independence.
(2) (A) The petition to resume dependency or
delinquency jurisdiction may be filed in the juvenile court that
retains jurisdiction under subdivision (b) of Section 303 or the
juvenile court in the county where the youth resides. The juvenile
court having jurisdiction under Section 303 shall receive the
petition from the court in which the petition is filed within five
court days of the filing if the petition is filed in the county of
residence. Upon filing of the petition, the court shall order that a
hearing be held, if there is a prima facie showing that the nonminor
is able to satisfy at least one of the conditions in
subdivision (b) of Section 11403, and agrees to supervised placement
pursuant to the mutual agreement. Upon ordering a hearing, the court
shall give prior satisfies the following criteria:
(i) He or she was previously under juvenile court jurisdiction,
and was granted a period of trial independence, which has not
expired.
(ii) He or she intends to satisfy at least one of the conditions
set forth in subdivision (b) of Section 11403.
(iii) He or she wants assistance either in maintaining or securing
appropriate housing, or is in need of immediate placement and agrees
to supervised placement pursuant to the mutual agreement.
(B) Upon ordering a hearing, the court
shall give prior notice, or cause prior notice to be given, to
the persons and by the means prescribed by Section 386, except that
notice to parents or former guardians shall not be provided if the
nonminor objects, in writing, on the face of the petition.
(3) The Judicial Council, by January 1, 2012, shall adopt rules of
court to allow for telephonic appearances by nonminor former
dependents or delinquents in these proceedings , and for
telephonic appearances by nonminor dependents in any proceeding in
which the nonminor dependent is a party, and he or she declines to
appear and elects a telephonic appearance .
(4) Prior to the hearing on a petition to resume dependency or
delinquency jurisdiction, the court shall order the county child
welfare or probation department or Indian tribe that has entered into
an agreement pursuant to Section 10553.1 to prepare a report for the
court addressing whether the nonminor is able
intends to satisfy at least one of the criteria set forth
in subdivision (b) of Section 11403. When the recommendation is for
the nonminor dependent to be placed in a setting where minor
dependents also reside, the results of a background check of the
petitioning nonminor conducted pursuant to Section 16504.5, used by
the placing agency to determine appropriate placement options for the
nonminor. The existence of a criminal conviction is not a bar to
eligibility for reentry or resumption of dependency jurisdiction of a
nonminor.
(5) The court, if it finds that the nonminor is able
intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in subdivision (b) of Section
11403, shall resume dependency or delinquency jurisdiction and order
the county child welfare or probation department or tribe to develop
a new transitional independent living case plan with the youth, which
shall be presented to the court within 60 days of the resumption of
the dependency or delinquency jurisdiction.
(f) A Either the child himself or herself,
or a parent or other person having an interest in a child
, or the child himself or herself when the child was removed
who was removed from his or her parents or
guardian and placed in foster care under jurisdiction established
pursuant to Section 601 or 602, and that jurisdiction is to be
terminated, may file a supplemental petition with the court,
consistent with subdivision (d) of Section 241.1, to modify the court'
s jurisdiction in order to establish jurisdiction pursuant to Section
300, if the child appears to come within the description of Section
300 and cannot be returned home safely. If the child who is the
subject of the supplemental petition has not previously been subject
to the jurisdiction of the court as a result of a petition filed
pursuant to Section 325, then a supplemental petition filed pursuant
to this subdivision shall be handled in the same manner as a petition
filed pursuant to Section 325.
SEC. 4. SEC. 5. Section 391 of the
Welfare and Institutions Code, as added by Section 28 of Chapter 559
of the Statutes of 2010, is amended to read:
391. (a) The court shall not terminate jurisdiction over a
dependent youth who has reached 18 years of age unless a hearing is
conducted pursuant to this section.
(b) At any hearing for a dependent youth who has attained 18 years
of age at which the court is considering termination of the
jurisdiction of the juvenile court and the accompanying foster care
services as described in Section 11403, the county welfare department
shall do all of the following:
(1) Ensure that the dependent is present in court, unless the
dependent does not wish to appear in court, and elects a
telephonic appearance, or document efforts by the
county welfare department to locate the child when the child
youth when the youth is not available.
(2) Submit a report describing whether it is in the youth's best
interests to remain under the court's dependency jurisdiction, which
includes a recommended transitional independent living case plan for
any youth who is continuing dependency as a nonminor.
(3) If the dependent has indicated that he or she does not want
dependency jurisdiction to continue, the report shall address the
advisability of a court-ordered period of trial independence.
(c) The court shall continue dependency jurisdiction for a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who is eligible pursuant to Section 11403 unless the court finds that
after reasonable and documented efforts the nonminor cannot be
located or does not wish to remain subject to dependency
jurisdiction. In making this finding, the court shall ensure that the
nonminor has been informed of his or her options including the right
to file a petition pursuant to Section 388 to resume dependency
jurisdiction, and had an opportunity to confer with his or her
counsel if counsel has been appointed pursuant to Section 317. The
court shall terminate dependency jurisdiction for a nonminor
dependent if it finds that the nonminor dependent is not eligible
pursuant to subdivision (b) of Section 11403.
(d) If the court terminates dependency jurisdiction, the nonminor
shall remain within the jurisdiction of the court until the nonminor
attains 21 years of age, although no review proceedings shall be
required. As authorized in paragraph (e) of Section 1356.21 of Title
45 of the Code of Federal Regulations, the court shall authorize a
period of trial independence, as defined in subdivision (y) of
Section 11400. In order to ensure eligibility for federal financial
participation, the court shall set the end date of the period of
trial independence to be the day prior to the day the nonminor
attains 21 years of age, unless to do so is not in the nonminor's
best interests. A nonminor may petition the court pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction at
any time before attaining 21 years of age.
(e) Unless the nonminor does not wish to remain under the
dependency or delinquency jurisdiction of the court, or, after
reasonable efforts by the county welfare department the nonminor
cannot be located, the court shall not terminate dependency or
(e) The court shall not terminate
dependency or delinquency jurisdiction over a nonminor
dependent who has reached 18 years of age until a hearing is
conducted pursuant to this section and the department has submitted a
report verifying that the following information, documents, and
services have been provided to the child
youth, or in the case of a youth who, after reasonable efforts by the
county welfare department, cannot be located, verifying the efforts
made to make the following available to the youth :
(1) Written information concerning the child's
youth's dependency case, including any known information
regarding the child's youth's Indian
heritage or tribal connections, if applicable, his or her family
history and placement history, any photographs of the child or his or
her family in the possession of the county welfare department, other
than forensic photographs, the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court determines that
sibling contact would jeopardize the safety or welfare of the
sibling, directions on how to access the documents the child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
(2) The following documents:
(A) Social security card.
(B) Certified copy of his or her birth certificate.
(C) Health and education summary, as described in subdivision (a)
of Section 16010.
(D) Driver's license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.
(E) A letter prepared by the county welfare department that
includes the following information:
(i) The child's name and date of birth.
(ii) The dates during which the child was within the jurisdiction
of the juvenile court.
(iii) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements.
(F) If applicable, the death certificate of the parent or parents.
(G) If applicable, proof of the child's citizenship or legal
residence.
(H) An advance health care directive form.
(I) The Judicial Council form that the nonminor would use to file
a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.
(J) The written 90-day transition plan prepared pursuant to
Section 16501.1.
(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.
(4) Referrals to transitional housing, if available, or assistance
in securing other housing.
(5) Assistance in obtaining employment or other financial support.
(6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
(7) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement for
six months or longer from the date the child entered foster care,
based on the child's best interests.
(8) For nonminors between 18 and 21 years of age, assistance in
accessing the Independent Living Aftercare Program in the nonminor's
county of residence, and, upon the nonminor's request, assistance in
filing a petition pursuant to subdivision (e) of Section 388 to
resume dependency jurisdiction.
(f) At the hearing closest to and before a dependent child's 18th
birthday and every review hearing thereafter, the department shall
submit a report describing efforts toward completing the items
described in paragraph (2) of subdivision (e).
(g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement this
provision.
(h) This section shall become operative on January 1, 2012.
SEC. 5. SEC. 6. Section 727.3 of the
Welfare and Institutions Code is amended to read:
727.3. The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care who
has been declared a ward of the juvenile court pursuant to Section
601 or 602 and to ensure that everything reasonably possible is done
to facilitate the safe and early return of the minor to his or her
own home or to establish an alternative permanent plan for the minor.
(a) (1) For every minor declared a ward and ordered to be placed
in foster care, a permanency planning hearing shall be conducted
within 12 months of the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.
Subsequent permanency planning hearings shall be conducted
periodically, but no less frequently than once every 12 months
thereafter during the period of placement. It shall be the duty of
the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a permanent
plan, pursuant to subdivision (c) of Section 706.5, and submit the
report to the court prior to each permanency planning hearing,
pursuant to subdivision (b) of Section 727.4.
(2) Prior to any permanency planning hearing involving a minor in
the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation officer'
s social study. Prior to any permanency planning hearing involving
the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to the
court a report containing his or her recommendations. The court
shall consider all reports and recommendations filed pursuant to this
subdivision.
(3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court order
placing the minor in a permanent
placement shall include a specification of the nature and
frequency of visiting arrangements with the parents or legal
guardians.
(4) At each permanency planning hearing, the court shall order a
permanent plan for the minor, as described in subdivision (b). The
court shall also make findings, as described in subdivision (e) of
Section 727.2. In the case of a minor who has reached 16 years of age
or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care to
independent living. The court shall make all of these determinations
on a case-by-case basis and make reference to the probation officer'
s report, the case plan, or other evidence relied upon in making its
decisions.
(b) At all permanency planning hearings, the court shall determine
the permanent plan for the minor. The court shall order one of the
following permanent plans, which are, in order of priority:
(1) Return of the minor to physical custody of the parent or legal
guardian. The court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:
(A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.
(B) The court finds, by a preponderance of the evidence, that the
return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment. In
making its determination, the court shall review and consider the
social study report and recommendations pursuant to Section 706.5,
the report and recommendations of any child advocate appointed for
the minor in the case, and any other reports submitted pursuant to
paragraph (2) of subdivision (a), and shall consider the efforts or
progress, or both, demonstrated by the minor and family and the
extent to which the minor availed himself or herself of the services
provided.
(2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor and
his or her parent or legal guardian for a period not to exceed six
months and continue the case for up to six months for a subsequent
permanency planning hearing, provided that the subsequent hearing
shall occur within 18 months of the date the minor was originally
taken from physical custody of his or her parent or legal guardian.
The court shall continue the case only if it finds that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian and safely
maintained in the home within the extended period of time or that
reasonable services have not been provided to the parent or guardian.
For purposes of this section, in order to find that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian, the court
shall be required to find that the minor and his or her parent or
legal guardian have demonstrated the capacity and ability to complete
the objectives of the case plan.
The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.
The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.
(3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures described
in Section 727.31. The court shall only set a hearing pursuant to
Section 727.31 if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
When the court sets a hearing pursuant to Section 727.31, it shall
order that an adoption assessment report be prepared, pursuant to
subdivision (b) of Section 727.31.
(4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.
(5) Place the minor with a fit and willing relative. "Placement
with a fit and willing relative" means placing the minor with an
appropriate relative on a permanent basis. When a minor is placed
with a fit and willing relative, the court may authorize the relative
to provide the same legal consent for the minor's medical, surgical,
and dental care, and education as the custodial parent of the minor.
(6) Place the minor in a planned permanent living arrangement. A
"planned permanent living arrangement" means any permanent living
arrangement described in Section 11402 and not listed in paragraphs
(1) to (5), inclusive, such as placement in a specific, identified
foster family home, program, or facility on a permanent basis, or
placement in a transitional housing placement facility. When the
court places a minor in a planned permanent living arrangement, the
court shall specify the goal of the placement, which may include, but
shall not be limited to, return home, emancipation, guardianship, or
permanent placement with a relative.
The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented to it
that there is a compelling reason, as defined in subdivision (c), for
determining that a plan of termination of parental rights and
adoption is not in the best interest of the minor.
(c) A compelling reason for determining that a plan of termination
of parental rights and adoption is not in the best interest of the
minor is any of the following:
(1) Documentation by the probation department that adoption is not
in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not limited
to, documentation that:
(A) The minor is 12 years of age or older and objects to
termination of parental rights.
(B) The minor is an older teen who specifically requests that
emancipation be established as his or her permanent plan. On and
after January 1, 2012, this includes a minor who requests that his or
her transitional independent living case plan include modification
of his or her jurisdiction to that of dependent pursuant to
subdivision (d) of Section 241.1, in order to be eligible as a
nonminor dependent for the extended benefits pursuant to Section
11403.
(C) The parent or guardian and the minor have a significant bond,
but the parent or guardian is unable to care for the minor because of
an emotional or physical disability, and the minor's caregiver has
committed to raising the minor to the age of majority and
facilitating visitation with the disabled parent or guardian.
(D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor's treatment needs, and the minor's needs could not
be served by a less restrictive placement.
The probation department's recommendation that adoption is not in
the best interest of the minor shall be based on the present family
circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor's family circumstances
change.
(2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.
(3) Documentation by the probation department that the minor is an
unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude terminating
parental rights.
(4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not make
those efforts.
(5) Documentation by the probation department that the minor is
living with a relative who is unable or unwilling to adopt the minor
because of exceptional circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with a
stable and permanent home environment, and the removal of the minor
from the physical custody of his or her relative would be detrimental
to the minor's emotional well-being.
(d) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency
or to a licensed county adoption agency at any time while the minor
is a ward of the juvenile court if the department or agency is
willing to accept the relinquishment.
(e) Any change in the permanent plan of a minor placed with a fit
and willing relative or in a planned permanent living arrangement
shall be made only by order of the court pursuant to a Section 778
petition or at a regularly scheduled and noticed status review
hearing or permanency planning hearing. Any change in the permanent
plan of a minor placed in a guardianship shall be made only by order
of the court pursuant to a motion filed in accordance with Section
728.
SEC. 6. SEC. 7. Section 727.31 of
the Welfare and Institutions Code is amended to read:
727.31. (a) This section applies to all minors placed in
out-of-home care pursuant to Section 727.2 or 727.3 and for whom the
juvenile court orders a hearing to consider permanently terminating
parental rights to free the minor for adoption.
Except for subdivision (j) of Section 366.26, the procedures for
permanently terminating parental rights for minors described by this
section shall proceed exclusively pursuant to Section 366.26.
At the beginning of any proceeding pursuant to this section, if
the minor is not being represented by previously retained or
appointed counsel, the court shall appoint counsel to represent the
minor, and the minor shall be present in court unless the minor or
the minor's counsel so requests and the court so orders. If a parent
appears without counsel and is unable to afford counsel, the court
shall appoint counsel for the parent, unless this representation is
knowingly and intelligently waived. The same counsel shall not be
appointed to represent both the minor and the parent. Private counsel
appointed under this section shall receive a reasonable sum for
compensation and expenses as specified in subdivision (f) of
paragraph (3) of Section 366.26.
(b) Whenever the court orders that a hearing pursuant to this
section shall be held, it shall direct the agency supervising the
minor and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include all of the following:
(1) Current search efforts for an absent parent or parents.
(2) A review of the amount and nature of any contact between the
minor and his or her parents and other members of his or her extended
family since the time of placement. Although the extended family of
each minor shall be reviewed on a case-by-case basis, "extended
family" for the purpose of the paragraph shall include, but not be
limited to, the minor's siblings, grandparents, aunts, and uncles.
(3) An evaluation of the minor's medical, developmental,
scholastic, mental, and emotional status.
(4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the minor's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3 and Section 361.4.
(5) The relationship of the minor to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the minor concerning placement and the adoption or
guardianship, and whether the minor, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the minor's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(6) An analysis of the likelihood that the minor will be adopted
if parental rights are terminated.
(c) A relative caregiver's preference for legal guardianship over
adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement. A relative caregiver shall be given information regarding
the permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
(d) If at any hearing held pursuant to Section 366.26, a legal
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(e) For purposes of this section, "relative" means an adult who
is related to the child by blood, adoption, or affinity within the
fifth degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons,
even if the marriage was terminated by death or dissolution.
(f) Whenever the court orders that a hearing pursuant to
procedures described in this section be held, it shall order that the
licensed county adoption agency, or the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency, has exclusive responsibility
for determining the adoptive placement and making all
adoption-related decisions.
(g) If the court, by order of judgment declares the minor free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the minor referred to the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or a licensed county adoption
agency for adoptive placement by the agency. The order shall state
that responsibility for custody of the minor shall be held jointly by
the probation department and the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or the licensed county adoption
agency. The order shall also state that the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or the licensed
county adoption agency has exclusive responsibility for determining
the adoptive placement and for making all adoption-related decisions.
However, no petition for adoption may be granted until the appellate
rights of the natural parents have been exhausted.
(h) The notice procedures for terminating parental rights for
minors described by this section shall proceed exclusively pursuant
to Section 366.23.
SEC. 8. Section 728 of the Welfare and
Institutions Code is amended to read:
728. (a) The juvenile court may terminate or modify a
guardianship of the person of a minor previously established under
the Probate Code, or appoint a coguardian or successor guardian of
the person of the minor, if the minor is the subject of a petition
filed under Section 300, 601, or 602. If the probation officer
supervising the minor provides information to the court regarding the
minor's present circumstances and makes a recommendation to the
court regarding a motion to terminate or modify a guardianship
established in any county under the Probate Code, or to appoint a
coguardian or successor guardian, of the person of a minor who is
before the juvenile court under a petition filed under Section 300,
601, or 602, the court shall order the appropriate county department,
or the district attorney or county counsel, to file the recommended
motion. The motion may also be made by the guardian or the minor's
attorney. The hearing on the motion may be held simultaneously with
any regularly scheduled hearing held in proceedings to declare the
minor a dependent child or ward of the court, or at any subsequent
hearing concerning the dependent child or ward. Notice requirements
of Section 1511 of the Probate Code 294
shall apply to the proceedings in juvenile court under this
subdivision.
(b) If the juvenile court decides to terminate or modify a
guardianship previously established under the Probate Code pursuant
to subdivision (a), the juvenile court shall provide notice of that
decision to the court in which the guardianship was originally
established. The clerk of the superior court, upon receipt of the
notice, shall file the notice with other documents and records of the
pending proceeding and send by first-class mail a copy of the notice
to all parties of record in the superior court.
(c) If, at any time during the period a minor under the age of 18
years is a ward of the juvenile court, the probation officer
supervising the minor recommends to the court that the court
establish a guardianship of the person of the minor and appoint a
specific adult to act as guardian, or on the motion of the minor's
attorney, or on the order of the court that a guardianship shall be
established as the minor's permanent plan pursuant to paragraph (4)
of subdivision (b) of Section 727.3, the court shall set a hearing to
consider the recommendation or motion and shall order the clerk to
notice the minor's parents and relatives as required in Section
1511 of the Probate Code 294 . If the
motion is not made by the minor's attorney, the court may appoint the
district attorney or county counsel to prosecute the action.
(d) At the hearing described in subdivision (c), the court shall
determine if the appointment of a guardian of the person of the minor
appears necessary or convenient, and is consistent with the
rehabilitation and protection of the minor and with public safety,
and if the court so determines, it shall appoint a guardian of the
person of the minor and order that letters of guardianship issue
pursuant to the standards and procedures specified in the Probate
Code.
(d) The procedures for appointment of a guardian shall be
conducted exclusively pursuant to Section 366.26, except that
subdivision (j) of Section 366.26 shall not apply.
(e) Upon the appointment of a guardian pursuant to subdivision
(d), the court may continue wardship and conditions of probation, or
may terminate the wardship of the minor.
(f) Notwithstanding Section 1601 of the Probate Code, the
proceedings to modify or terminate a guardianship granted under this
section shall be held in the juvenile court unless the termination is
due to the emancipation or adoption of the minor.
(g) The Judicial Council shall develop rules of court and adopt
appropriate forms for the findings and orders under this section.
SEC. 7. SEC. 9. Section 785 of the
Welfare and Institutions Code is amended to read:
785. (a) Where a minor is a ward of the juvenile court, the
wardship did not result in the minor's commitment to the Youth
Authority, and the minor is found not to be a fit and proper subject
to be dealt with under the juvenile court law with respect to a
subsequent allegation of criminal conduct, any parent or other person
having an interest in the minor, or the minor, through a properly
appointed guardian, the prosecuting attorney, or probation officer,
may petition the court in the same action in which the minor was
found to be a ward of the juvenile court for a hearing for an order
to terminate or modify the jurisdiction of the juvenile court. The
court shall order that a hearing be held and shall give prior notice,
or cause prior notice to be given, to those persons and by the means
prescribed by Sections 776 and 779, or where the means of giving
notice is not prescribed by those sections, then by such means as the
court prescribes.
(b) The petition shall be verified and shall state why
jurisdiction should be terminated or modified in concise language.
(c) In determining whether or not the wardship shall terminate or
be modified, the court shall be guided by the policies set forth in
Section 202.
(d) On and after January 1, 2012, at any hearing pursuant to this
section involving a minor who was removed from the physical custody
of his or her parent or guardian and placed in foster care at the
time the court adjudged the child a delinquent ward, or who was
removed from his or her parents or guardian and placed in foster care
as a dependent child immediately prior to the court adjudging the
child a delinquent ward, the court shall consider, as an alternative
to terminating jurisdiction, whether to modify its jurisdiction and
declare the minor to be a dependent child, pursuant to Section 300.
If the court finds that the ward no longer requires delinquency
supervision, but is at risk of abuse or neglect and cannot be
returned home safely, the court shall set a hearing pursuant to
Section 241.1 to determine whether a modification of its jurisdiction
as described in subdivision (d) of Section 241.1 is appropriate.
(e) On and after January 1, 2012, the court shall continue
delinquency jurisdiction for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is eligible to remain in foster
care pursuant to Section 11403, unless the court finds that after
reasonable and documented efforts, the nonminor cannot be located or
does not wish to remain a nonminor dependent. In making this finding,
the court shall ensure that the nonminor has been informed of his or
her options, including the right to file a petition pursuant to
Section 388 to resume delinquency jurisdiction, and has had an
opportunity to confer with his or her counsel. As authorized in
paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal
Regulations, the court shall authorize a period of trial
independence, as defined in subdivision (y) of Section 11400. In
order to ensure eligibility for federal financial participation, the
court shall set the end date of the trial period of departure from
foster care to be the day before the nonminor attains 21 years of age
unless it is not in the nonminor's best interests.
(f) In addition to its authority under this chapter, the Judicial
Council shall adopt rules providing criteria for the consideration of
the juvenile court in determining whether or not to terminate or
modify jurisdiction pursuant to this section.
SEC. 8. SEC. 10. Section 11363 of
the Welfare and Institutions Code, as added by Section 34 of Chapter
559 of the Statutes of 2010, is amended to read:
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403, who satisfies all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall continue unless and until the
juvenile court, after holding a hearing, orders the child removed
from the home of the guardian, terminates the guardianship, or
maintains dependency jurisdiction after the court concludes the
hearing on the petition filed under Section 388.
(c) A child or nonminor shall be eligible for Kin-GAP payments if
he or she meets one of the following age criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4) He or she satisfies the conditions as described in subdivision
(d).
(d) Commencing January 1, 2012, state-funded Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 19 years of age if they attained 16 years of age before the
Kin-GAP aid payments commenced. Effective January 1, 2013, Kin-GAP
payments shall continue for youths who have attained 18 years of age
and who are under 20 years of age, if they reached 16 years of age
before the Kin-GAP negotiated payments commenced.
Effective January 1, 2014, Kin-GAP
payments shall continue for youths who have attained 18 years of age
and are under 21 years of age, if they reached 16 years of age before
the Kin-GAP negotiated payments commenced. To be eligible for
continued payments, the youth shall satisfy one or more of the
conditions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403. Payments made to a nonminor
pursuant to the conditions specified in subdivision (b) of Section
11403 may be paid in whole or part to the eligible youth
directly, as specified in subdivision (d) of Section 11403.
in part to the eligible youth directly, pursuant to the youth's
mutual agreement, as specified in subdivision (u) of Section 11400.
(e) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP unless the conditions in Section
11403 apply; 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 six months of placement with the alternate guardian or
coguardian shall not be required if that alternate guardian or
coguardian has been assessed pursuant to Sections 361.3 and 361.4 and
the court terminates dependency jurisdiction.
SEC. 9. SEC. 11. Section 11386 of
the Welfare and Institutions Code is amended to read:
11386. Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19 years
of age, as provided in Section 11403, under all of the following
conditions:
(a) The child satisfies both of the following requirements:
(1) He or she has been removed from his or her home pursuant to a
voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home would
be contrary to the welfare of the child.
(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section 11400)
while residing for at least six consecutive months in the approved
home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.
(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to caring
permanently for the child and, with respect to the child who has
attained 12 years of age, the child has been consulted regarding the
kinship guardianship arrangement.
(d) The child has had a kinship guardianship established pursuant
to Section 360 or Section 366.26.
(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(f) If the conditions specified in subdivisions (a) through (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from the
home of the guardian, terminates the guardianship, or maintains
dependency jurisdiction after the court concludes the hearing on the
petition filed under Section 388.
(g) A child or nonminor shall be eligible for Kin-GAP payments if
he or she meets one of the following age criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4) He or she satisfies the conditions as described in subdivision
(h).
(h) Effective January 1, 2012, Kin-GAP payments shall continue for
youths who have attained 18 years of age and are under 19 years of
age if they attained 16 years of age before the Kin-GAP negotiated
agreement payments commenced. Effective January 1, 2013, Kin-GAP
payments shall continue for youths who have attained 18 years of age
and are under 20 years of age, if they reached 16 years of age before
the Kin-GAP negotiated payments commenced. Effective January 1,
2014, Kin-GAP payments shall continue for youths who have attained 18
years of age and are under 21 years of age, if they reached 16 years
of age before the Kin-GAP negotiated payments commenced. To be
eligible for continued payments, the youth shall satisfy one or more
of the conditions specified in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403.
Payments made to a nonminor pursuant to the conditions specified
in Section 11403 may be paid in whole or part to the
eligible youth directly, as specified in subdivision (d) of Section
11403. in part to the eligible youth directly,
pursuant to the youth's mutual agreement, as speci fied in
subdivision (u) of Section 11400.
(i) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP, unless the conditions of Section
11403 apply, 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 six 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 Section
361.4 and the court terminates dependency jurisdiction, subject to
available federal funding.
SEC. 10. SEC. 12. Section 11400 of
the Welfare and Institutions Code is amended to read:
11400. For the purposes of this article, the following
definitions shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor or
nonminor dependent parent and his or her child, and is specifically
recruited and trained to assist the minor or nonminor dependent
parent in developing the skills necessary to provide a safe, stable,
and permanent home for his or her child. The child of the minor or
nonminor dependent parent need not be the subject of a petition filed
pursuant to Section 300 to qualify for placement in a whole family
foster home.
(u) "Mutual agreement" means either of the following:
(1) An agreement of consent for placement in a supervised setting
between a minor or, on and after January 1, 2012, a nonminor
dependent, and the agency responsible for the foster care placement,
that documents the nonminor's continued need for supervised
out-of-home placement and the nonminor's and social worker's or
probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional living plan.
(2) On and after January 1, 2012, an agreement between a nonminor
in receipt of Kin-GAP aid under Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385), and the agency
responsible for the Kin-GAP benefits, provided that the nonminor
satisfies the conditions described in Section 11403.01 or
subdivision (d) one or more of the conditions
described in paragraphs (1) to (5), inclusive, of subdivision (b)
of Section 11403.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current or former dependent child or ward of the
juvenile court who satisfies all of the following criteria:
(1) He or she has attained 18 years of age but is less than 21
years of age.
(2) He or she is in foster care under the responsibility of the
county welfare department, county probation department, or Indian
tribe that entered into an agreement pursuant to Section 10553.1.
(3) He or she is participating in a transitional independent
living case plan pursuant to Section 475(8) of the federal Social
Security Act (42 U.S.C. Sec. 675(8)), as contained in the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
(w) "Supervised independent living setting" means, on and after
January 1, 2012, a supervised setting, as specified in a nonminor
dependent's transitional independent living case plan, in which the
youth is living independently, pursuant to Section 472(c)(2) of the
Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "THP-Plus Foster Care" means, on and after January 1, 2012, a
placement that offers supervised housing opportunities and supportive
services to eligible nonminor dependents at least 18 years of age,
on and after January 1, 2013, 19 years of age, and on and after
January 1, 2014, 20 years of age, and not more than 21 years of age,
who are in out-of-home placement under the supervision of the county
department of social services or the county probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1, and who are described in paragraph (3) of subdivision (a) of
Section 11403.2.
(y) "Trial independence" means, on or after January 1, 2012,
consistent with paragraph (e) of Section 1356.21 of Title 45 of the
Code of Federal Regulations, a period not to exceed six months,
unless the juvenile court authorizes a longer period, during which
the court may terminate and subsequently resume the nonminor's
dependency jurisdiction, and the nonminor's Title IV-E foster care
benefits may be resumed if the nonminor otherwise is eligible
pursuant to Section 11403. Operation of this subdivision shall be
contingent upon receipt of all necessary federal approvals.
SEC. 11. SEC. 13. Section 11403 of
the Welfare and Institutions Code, as added by Section 47 of Chapter
559 of the Statutes of 2010, is amended to read:
11403. (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal
Social Security Act, as contained in the Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to
receive federal financial participation for current or former
dependent children or wards of the juvenile court who satisfy the
conditions of subdivision (b), consistent with their transitional
living case plan. Effective January 1, 2012, these nonminor
dependents shall be eligible to receive support up to 19 years of
age, effective January 1, 2013, up to 20 years of age, and effective
January 1, 2014, up to 21 years of age, consistent with their
transitional independent living case plan. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribe and the nonminor
dependent shall work together to ensure the nonminor dependent's
ongoing eligibility. All case planning shall be a collaborative
effort between the nonminor dependent and the social worker,
probation officer, or Indian tribe, with the nonminor dependent
assuming increasing levels of responsibility and independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
continue to receive aid so long as the nonminor has signed a mutual
agreement as set forth in subdivision (d) (u)
of Section 11400 , and is otherwise eligible for AFDC-FC
payments pursuant to Section 11401 or CalWORKs payments pursuant to
Section 11253 or, as a nonminor former dependent or ward, aid
pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360)
or Article 4.7 (commencing with Section 11385) or adoption
assistance payments as specified in Chapter 2.1 (commencing with
Section 16115) of Part 4. Effective January 1, 2012, a nonminor
former dependent child or ward of the juvenile court who is receiving
AFDC-FC benefits pursuant to Section 11405 shall be eligible to
continue to receive aid up to 19 years of age, effective January 1,
2013, up to 20 years of age, and effective January 1, 2014, up to 21
years of age, as long as the nonminor is otherwise eligible for
AFDC-FC benefits under this subdivision. This subdivision shall apply
when one or more of the following conditions exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor. The requirement to
update the case plan under this paragraph shall not apply to
nonminor former dependents or wards in receipt of Kin-GAP
program or Adoption Assistance Program payments.
(c) The county child welfare or probation department or Indian
tribe that has entered into an agreement pursuant to Section 10553.1,
shall work together with a nonminor dependent who is in foster care
on his or her 18th birthday and thereafter or a nonminor former
dependent receiving aid pursuant to Section 11405, to satisfy one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's applicable
condition or conditions in the nonminor's six-month transitional
independent living case plan update, and provide the certification to
the eligibility worker and to the court at each six-month case plan
review hearing for the nonminor dependent. Relative guardians who
receive Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to the county
welfare agency that the nonminor does not satisfy at least one of the
conditions described in subdivision (b). The social worker,
probation officer, or tribe shall verify and obtain assurances that
the nonminor dependent continues to satisfy at least one of the
conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at
each six-month transitional independent living case plan update. The
six-month case plan update shall certify the nonminor's eligibility
pursuant to subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor shall report
any change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent or a nonminor former
dependent receiving aid pursuant to Section 11405, shall be afforded
all due process requirements in accordance with state and federal law
prior to an involuntary termination of aid. The nonminor dependent
or nonminor former dependent receiving aid pursuant to Section 11405
shall be informed of all due process requirements, in accordance with
state and federal law, prior to an involuntary termination of aid,
and shall simultaneously be provided with a written explanation of
how to exercise his or her due process rights and obtain referrals to
legal assistance. Any notices of action regarding eligibility shall
be sent to the nonminor dependent or former dependent, his or her
counsel, and the placing worker, in addition to any other payee.
(d) A nonminor dependent may receive all or a portion of the
payment directly provided that the nonminor is living independently
in a supervised setting, and that both the youth and the agency
responsible for the foster care placement have signed a mutual
agreement, as defined in subdivision (u) of Section 11400, if the
youth is capable of making an informed agreement, that documents the
continued need for supervised out-of-home placement, and the nonminor'
s and social worker's or probation officer's agreement to work
together to facilitate implementation of the mutually developed
supervised placement agreement and transitional living plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor attains 21 years of age but aid may be suspended
and resumed at request of the nonminor pursuant to subdivision (e) of
Section 388 or after a court terminates dependency jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 785. Consistent with paragraph (e) of Section 1356.21 of
Title 45 of the Code of Federal Regulations, for the nonminor who
returns to supervised placement within the six-month trial period, or
if the court authorized a period of trial independence that exceeded
six months in duration and ends prior to the day before the nonminor
attains 21 years of age, as described in subdivision (y) of Section
11400, the county welfare department is not required to establish a
new Title IV-E eligibility determination for the nonminor for whom
dependency jurisdiction is resumed by the court. The county welfare
department, tribe, or county probation department shall provide a
nonminor dependent who wishes to continue receiving aid with the
assistance necessary to meet and maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor dependents receiving aid
pursuant to Section 11405 shall be paid by their county of residence.
Counties may develop courtesy supervision agreements to provide case
management and independent living services by the county of
residence pursuant to the youth's transitional independent living
case plan. Placements made out of state are subject to the
requirements of the Interstate Compact on Placement of Children,
pursuant to Part 5 (commencing with Section 7900) of Division 12 of
the Family Code.
(2) The county welfare department, tribe, or county probation
department shall notify all foster youth who attain 16 years of age
and are under the jurisdiction of that county or tribe, including
those receiving Kin-GAP, and AAP, of the existence of the aid
prescribed by this section.
(3) Aid under this section shall be paid on the first of the month
for that month. Notwithstanding any other provision of law, when a
child attains 18 years of age those payments shall continue to the
end of that calendar month and the AFDC-FC, Kin-GAP, or
AAP payments under this
section shall begin the first day of the following month.
(4) The department shall seek any waiver to amend its Title IV-E
State Plan with the Secretary of the United States Department of
Health and Human Services necessary to implement this section.
(g) (1) Subject to paragraph (3), a county shall contribute to the
cost of extending aid pursuant to this section to eligible nonminor
dependents who have reached 18 years of age and who are under the
jurisdiction of the county, including AFDC-FC payments pursuant to
Section 11401, CalWORKs payments pursuant to Section 11253, aid
pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360)
or Article 4.7 (commencing with Section 11385), adoption assistance
payments as specified in Chapter 2.1 (commencing with Section 16115)
of Part 4, and aid pursuant to Section 11405 for nonminor dependents
who are residing in the county as provided in paragraph (1) of
subdivision (f), at the statutory sharing ratios for each of these
programs in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall contribute to the
cost of providing permanent placement services pursuant to
subdivision (c) of Section 16508 and administering the Aid to
Families with Dependent Children Foster Care program pursuant to
Section 15204.9 at the statutory sharing ratio for these services in
effect on January 1, 2012. For purposes of budgeting, the department
shall use a standard for the permanent placement services that is
equal to the midpoint between the budgeting standards for family
maintenance services and family reunification services.
(3) Notwithstanding any other provision of law, a county's total
contribution pursuant to paragraphs (1) and (2) shall not exceed the
savings in Kin-GAP assistance grant expenditures realized by the
county from the receipt of federal funds due to the implementation of
Article 4.7 (commencing with Section 11385). The department shall
work with the County Welfare Directors Association to determine a
methodology for calculating each county's costs and savings pursuant
to this section.
(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351). Therefore, the department shall negotiate with the
United States Department of Health and Human Services on behalf of
those counties that are currently participating in the demonstration
project to ensure that those counties receive reimbursement for these
new programs outside of the provisions of those counties' waiver
under Subtitle IV-E (commencing with Section 470) of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i) The department, on or before July 1, 2012, shall develop
regulations to implement this section in consultation with concerned
stakeholders, including, but not limited to, representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of Indian tribes, the California Youth Connection,
former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of these
regulations, the department shall consider its Manual of Policy and
Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as
guidelines for developing regulations that are appropriate for young
adults who can exercise incremental responsibility concurrently with
their growth and development. The department, in its consultation
with stakeholders, shall take into consideration the impact to the
Automated Child Welfare Services Case Management Services (CWS-CMS)
and required modifications needed to accommodate eligibility
determination under this section, benefit issuance, case management
across counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section 10601.2,
and federal outcome measures as required by the John H. Chafee Foster
Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the
department, in its consultation with stakeholders, shall define the
supervised independent living setting which shall include, but not be
limited to, apartment living, room and board arrangements, college
or university dormitories, and shared roommate settings, and define
how those settings meet health and safety standards suitable for
nonminors. The department, in its consultation with stakeholders,
shall define the six-month certification of the conditions of
eligibility pursuant to subdivision (b) to be consistent with the
flexibility provided by federal policy guidance, to ensure that there
are ample supports for a nonminor to achieve the goals of his or her
transition independent living case plan. The department, in its
consultation with stakeholders, shall ensure that notices of action
and other forms created to inform the nonminor of due process rights
and how to access them shall be developed, using language consistent
with the special needs of the nonminor dependent population.
(j) Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall prepare for implementation
of the applicable provisions of this section by publishing, after
consultation with the stakeholders listed in subdivision (i),
all-county letters or similar instructions from the director by
October 1, 2011, to be effective January 1, 2012. Emergency
regulations to implement the applicable provisions of this act may be
adopted by the director in accordance with the Administrative
Procedure Act. The initial adoption of the emergency regulations and
one readoption of the emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the first readoption of those emergency regulations
shall be exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of
State and shall remain in effect for no more than 180 days.
(k) Notwithstanding any other provision of law, the extension of
benefits to nonminor dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(l) This section shall become operative on January 1, 2012.
SEC. 12. SEC. 14. Section 11403.01 is
added to the Welfare and Institutions Code, to read:
11403.01. On and after January 1, 2012, a nonminor who is
receiving Kin-GAP benefits under Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385) and whose
Kin-GAP payments began prior to the child's 16th birthday and who is
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 is in the process of pursuing a high school
equivalency certificate, prior to his or her 18th birthday, may
continue to receive aid under those articles following his or her
18th birthday so long as the child continues to reside in foster care
placement, remains otherwise eligible for Kin-GAP 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 that 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, documenting
the continued need for out-of-home placement.
SEC. 15. Section 16120 of the Welfare
and Institutions Code , as amended by Section 58 of
Chapter 559 of the Statutes of 2010, is amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
(b) The child has at least one of the following characteristics
that are barriers to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, three years of age or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability, as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care, as described in Section 11464.
(c) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child. The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
(e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
(f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
(g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
(h) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(2) The child was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) The child received Adoption Assistance Program benefits with
respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 16. Section 16120 of the Welfare
and Institutions Code , as amended by Section 59 of
Chapter 559 of the Statutes of 2010, is amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment.
(b) The child has at least one of the following characteristics
that are barriers to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, three years of age or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability, as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care, as described in Section 11464.
(c) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child. The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
(e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
(f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
(g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
(h) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(2) The child was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(k) To be eligible for federal funding, in the
case of a child who is an applicable child for the federal fiscal
year, as defined in subdivision (n), the child meets any of the
following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) The child received Adoption Assistance Program benefits with
respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
applicable child for the federal fiscal year who is his or her
sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall become operative on January 1, 2014.
SEC. 17. Section 16504.5 of the Welfare
and Institutions Code is amended to read:
16504.5. (a) (1) Notwithstanding any other provision of law,
pursuant to subdivision (b) of Section 11105 of the Penal Code, a
child welfare agency may secure from an appropriate governmental
criminal justice agency the state summary criminal history
information, as defined in subdivision (a) of Section 11105 of the
Penal Code, through the California Law Enforcement Telecommunications
System pursuant to subdivision (d) of Section 309, and subdivision
(a) of Section 1522 of the Health and Safety Code for the following
purposes:
(A) To conduct an investigation pursuant to Section 11166.3 of the
Penal Code or an investigation involving a child in which the child
is alleged to come within the jurisdiction of the juvenile court
under Section 300.
(B) (i) To assess the appropriateness and safety of placing a
child who has been detained or is a dependent of the court, in the
home of a relative assessed pursuant to Section 309 or 361.4, or in
the home of a nonrelative extended family member assessed as
described in Section 362.7 during an emergency situation.
(ii) When a relative or nonrelative family member who has been
assessed pursuant to clause (i) and approved as a caregiver moves to
a different county and continued placement of the child with that
person is intended, the move shall be considered an emergency
situation for purposes of this subparagraph.
(C) To attempt to locate a parent or guardian pursuant to Section
311 of a child who is the subject of dependency court proceedings.
(D) To obtain information about the background of a nonminor who
has petitioned to reenter foster care under subdivision (e) of
Section 388, in order to assess the appropriateness and safety of
placing the nonminor in a foster care or other placement setting with
minor dependent children.
(2) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System for the purpose described in subparagraph
(B) of paragraph (1), the agency shall ensure that a state-level
fingerprint check is initiated within 10 calendar days of the check,
unless the whereabouts of the subject of the check are unknown or the
subject of the check refuses to submit to the fingerprint check. The
Department of Justice shall provide the requesting agency a copy of
all criminal history information regarding an individual that it
maintains pursuant to subdivision (b) of Section 11105 of the Penal
Code.
(b) Criminal justice personnel shall cooperate with requests for
criminal history information authorized pursuant to this section and
shall provide the information to the requesting entity in a timely
manner.
(c) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in the
record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.
(d) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision (a).
(e) Nothing in this section shall preclude anonminor
a nonminor petitioning to reenter foster care or
a relative or other person living in a relative's home from refuting
any of the information obtained by law enforcement if the individual
believes the state- or federal-level criminal records check revealed
erroneous information.
(f) (1) A state or county welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of parents or legal guardians
when determining their suitability for reunification with a dependent
child subject to the jurisdiction of the juvenile court, for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions and state or federal
arrests, as well as information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal. Of the information received
by the Department of Justice pursuant to this subdivision, only the
parent's or legal guardian's criminal history for the time period
following the removal of the child from the parent or legal guardian
shall be considered.
(2) A county welfare agency or county probation office may submit
to the Department of Justice fingerprint images and related
information required by the Department of Justice of nonminors
petitioning to reenter foster care under Section 388, in order to
assess the appropriateness and safety of placing the nonminor in a
foster care or other placement setting with minor dependent children.
(3) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and respond to the state or county
welfare agency.
(4) The Department of Justice shall provide a response to the
state or county welfare agency pursuant to subdivision (p) of Section
11105 of the Penal Code.
(5) The state or county welfare agency shall not request from the
Department of Justice subsequent arrest notification service, as
provided pursuant to Section 11105.2 of the Penal Code, for
individuals described in this subdivision.
(6) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the request described in this
subdivision.
(7) This subdivision shall become operative on July 1, 2007.
(g) A fee, determined by the Federal Bureau of Investigation and
collected by the Department of Justice, shall be charged for each
federal-level criminal offender record information request submitted
pursuant to this section and Section 361.4.
SEC. 13. SEC. 18. 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.