Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 787

Introduced by Assembly Member Stone

February 21, 2013

An act begin insert to amend Sections 388, 727, 11363, 11400, 11403, 11405, and 16120 of the Welfare and Institutions Code, end insert relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 787, as amended, Stone. Foster care.

begin insert

(1) Existing law provides that a minor who has been abused or neglected, or who has violated a law or ordinance, as specified, is within the jurisdiction of the juvenile court as a dependent child or a ward, respectively. Existing law also establishes the court’s transition jurisdiction over certain minors and nonminors, as specified.

end insert begin insert

Existing law authorizes a court to resume transition court jurisdiction over a nonminor former dependent child of the juvenile court and to assume or resume dependency jurisdiction over a nonminor former ward of the juvenile court if the nonminor meets specified eligibility criteria and signs a mutual transition or voluntary reentry agreement, as described.

end insert begin insert

This bill would authorize, on and after January 1, 2014, a nonminor former dependent to petition the court for a hearing to determine whether to resume dependency jurisdiction over a former dependent, or to assume or resume transition jurisdiction over a former ward, as specified, if the nonminor was receiving specified forms of public assistance after 18 years of age and the nonminor’s former guardian or adoptive parent dies after the nonminor has reached 18 years of age, but before the nonminor reaches 21 years of age.

end insert begin insert

(2) Existing law authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of a minor who is adjudged a ward of the court, as specified, and to order the care, custody, and control of the minor to be under the supervision of the probation officer.

end insert begin insert

This bill would make those provisions applicable to nonminors. By imposing additional duties on probation officers, the bill would impose a state-mandated local program.

end insert begin insert

(3) Existing law governs the Aid to Families with Dependent Children-Foster Care Program and provides that nonminor dependents who meet specified criteria are eligible for assistance. Existing law requires that a legal guardian cooperate with the county welfare department, as specified, if those benefits are paid to an otherwise eligible child living with a nonrelated legal guardian, and requires the department to perform specified duties, including developing a written assessment of the child’s needs, when those benefits are applied for on behalf of a child living with a nonrelated legal guardian. These requirements do not apply to benefits paid to or on behalf of certain nonminor youth.

end insert begin insert

This bill would additionally provide that those requirements do not apply to benefits paid to or on behalf of nonminor youth whose nonrelated guardianship was ordered in probate court, as specified. The bill would also define a “transition dependent” for purposes of these provisions to mean a minor who is between 17 years and 5 months of age and 18 years of age who is subject to the court’s transition jurisdiction.

end insert begin insert

(4) Existing law establishes the Adoption Assistance Program and specifies the eligibility criteria for benefits to children who received those benefits with respect to a prior adoption that has since been dissolved, as specified, or because the adoptive parents died and other specified criteria are met.

end insert begin insert

This bill would make those benefits available to nonminors.

end insert begin insert

(5) 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.

end insert begin insert

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.

end insert begin delete

Existing law provides federal financial assistance through the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 to nonminor dependents of the juvenile court who satisfy specified criteria, such as enrollment in an institution that provides postsecondary or vocational education, or employment for at least 80 hours per month, consistent with their transitional independent living case plan.

end delete begin delete

This bill would express the intent of the Legislature to enact legislation that would enhance the delivery of services for nonminor dependent foster youth who are eligible to receive federal financial assistance through the federal Fostering Connections to Success and Increasing Adoptions Act of 2008.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 388 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

388.  

(a) (1) Any parent or other person having an interest in
a child who is a dependent child of the juvenile court or a nonminor
dependent as defined in subdivision (v) of Section 11400, or the
child himself or herself or the nonminor dependent 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 or the nonminor dependent shall state the petitioner’s
relationship to or interest in the child or the nonminor dependent
and shall set forth in concise language any change of circumstance
or new evidence that is alleged to require the change of order or
termination of jurisdiction.

(2) When any party, including a child who is a dependent of the
juvenile court, petitions the court prior to an order terminating
parental rights, to modify the order that reunification services were
not needed pursuant to paragraphs (4), (5), and (6) of subdivision
(b) of Section 361.5, or to modify any orders related to custody or
visitation of the subject child, and the court orders a hearing
pursuant to subdivision (d), the court shall modify the order that
reunification services were not needed pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, or any orders
related to the custody or visitation of the child for whom
reunification services were not ordered pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, only if the court
finds by clear and convincing evidence that the proposed change
is in the best interests of the child.

(b) Any person, including a child or the nonminor dependent
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’s 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 that include but are
not limited to, the parent’s or guardian’s incarceration,
institutionalization, detention by the United States Department of
Homeland Security, deportation, 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) Any party, including a nonminor dependent, as defined in
subdivision (v) of Section 11400, may petition the court prior to
the review hearing set pursuant to subdivision (d) of Section 366.31
to terminate the continuation of court-ordered family reunification
services for a nonminor dependent who has attained 18 years of
age. The court shall terminate family reunification services to the
parent or guardian if the nonminor dependent or parent or guardian
are not in agreement that the continued provision of court-ordered
family reunification services is in the best interests of the nonminor
dependent.

(5) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
On and after January 1, 2012, a hearing pursuant to Section 366.26
shall not be ordered if the child is a nonminor dependent. The court
may order a nonminor dependent who is otherwise eligible to
AFDC-FC benefits pursuant to Section 11403 to remain in a
planned, permanent living arrangement.

(d) If it appears that the best interests of the child or the
nonminor dependent may be promoted by the proposed change of
order, modification of reunification services, custody, or visitation
orders concerning a child for whom reunification services were
not ordered pursuant to paragraphs (4), (5), and (6) of subdivision
(b) of Section 361.5, 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
in the manner prescribed by Section 386, and, in those instances
in which the manner of giving notice is not prescribed by those
sections, then in the manner the court prescribes.

(e) (1)  begin insert (A) end insert begin insert   end insert On and after January 1, 2012, a nonminor who
attained 18 years of age while subject to an order for foster care
placement and, commencing January 1, 2012, 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, or as described
in Section 10103.5, for whom the court has dismissed dependency
jurisdiction pursuant to Section 391, or delinquency jurisdiction
pursuant to Section 607.2, or transition jurisdiction pursuant to
Section 452, but has retained general jurisdiction under subdivision
(b) of Section 303, or the county child welfare services, probation
department, or tribal placing agency on behalf of the nonminor,
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 jurisdiction over a former
dependent or to assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450. The petition shall
be filed within the period that the nonminor is of the age described
in this paragraph. If the nonminor has completed the voluntary
reentry agreement, as described in subdivision (z) of Section 11400,
with the placing agency, the agency shall file the petition on behalf
of the nonminor within 15 judicial days of the date the agreement
was signed unless the nonminor elects to file the petition at an
earlier date.

begin insert

(B) On and after January 1, 2014, a nonminor who has not
attained 21 years of age may petition the court in the same action
in which the nonminor was previously found to be a dependent or
delinquent child of the juvenile court, for a hearing to determine
whether to resume dependency jurisdiction over a former
dependent, or to assume or resume transition jurisdiction over a
former ward pursuant to Section 450, as applicable, if the
nonminor comes within the description set forth in one of the
following:

end insert begin insert

(i) He or she attained 18 years of age while subject to an order
for foster care placement.

end insert begin insert

(ii) He or she is a former dependent, as defined in subdivision
(aa) of Section 11400, who was receiving aid after 18 years of age
pursuant to Kin-GAP 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 and the nonminor former dependent’s
former guardian dies after the nonminor turns 18 years of age but
before the nonminor turns 21 years of age.

end insert begin insert

(iii) He or she is a nonminor former dependent who was
receiving aid after 18 years of age pursuant to subdivision (e) of
Section 11405 and the nonminor former dependent’s former
guardian dies after the nonminor turns 18 years of age but before
the nonminor turns 21 years of age.

end insert begin insert

(iv) He or she is a nonminor who was receiving adoption
assistance payments after 18 years of age as specified in Chapter
2.1 (commencing with Section 16115) of Part 4 of Division 9 and
the nonminor’s adoptive parent dies after the nonminor turns 18
years of age but before the nonminor turns 21 years of age.

end insert

(2) (A) The petition to resume jurisdiction may be filed in the
juvenile court that retains general jurisdiction under subdivision
(b) of Section 303, or the petition may be submitted to the juvenile
court in the county where the youth resides and forwarded to the
juvenile court that retained general jurisdiction and filed with that
court. The juvenile court having general jurisdiction under Section
303 shall receive the petition from the court where the petition
was submitted within five court days of its submission, if the
petition is filed in the county of residence. The juvenile court that
retained general jurisdiction shall order that a hearing be held
within 15 judicial days of the date the petition was filed if there is
a prima facie showing that the nonminor satisfies the following
criteria:

(i) He or she was previously under juvenile court jurisdiction,
subject to an order for foster care placement when he or she
attained 18 years of age, and has not attained the age limits
described in paragraph (1).

(ii) He or she intends to satisfy at least one of the conditions set
forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

(iii) He or she wants assistance either in maintaining or securing
appropriate supervised placement, or is in need of immediate
placement and agrees to supervised placement pursuant to the
voluntary reentry agreement as described in subdivision (z) of
Section 11400.

(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 unless the nonminor requests, in
writing on the face of the petition, notice to the parents or former
guardians.

(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
jurisdiction or to assume or resume transition jurisdiction, the court
shall order the county child welfare or probation department to
prepare a report for the court addressing whether the nonminor
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, may
be 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 or the assumption or resumption of transition
jurisdiction over a nonminor.

(5) (A) The court shall resume dependency jurisdiction over a
former dependent or assume or resume transition jurisdiction over
a former delinquent ward pursuant to Section 450, and order that
the nonminor’s placement and care be under the responsibility of
the county child welfare services department, the probation
department, tribe, consortium of tribes, or tribal organization, if
the court finds all of the following:

(i) The nonminor was previously under juvenile court
jurisdiction subject to an order for foster care placement when he
or she attained 18 years of age.

(ii) The nonminor has not attained the age limits described in
paragraph (1).

(iii) Reentry and remaining in foster care are in the nonminor’s
best interests.

(iv) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403, and demonstrates his or her
agreement to placement in a supervised setting under the placement
and care responsibility of the placing agency and to satisfy the
criteria by signing the voluntary reentry agreement as described
in subdivision (z) of Section 11400.

(B) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume
or resume transition jurisdiction to be completed more than 120
days after the date the petition was filed.

(C) The agency made responsible for the nonminor’s placement
and care pursuant to subparagraph (A) shall prepare a new
transitional independent living case plan within 60 calendar days
from the date the nonminor signed the voluntary reentry agreement
as described in subdivision (z) of Section 11400 and submit it to
the court for the review hearing under Section 366.31, to be held
within 70 days of the resumption of dependency jurisdiction or
assumption or resumption of transition jurisdiction. In no event
shall the review hearing under Section 366.3 be held more than
170 calendar days from the date the nonminor signed the voluntary
reentry agreement.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 727 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

727.  

(a) (1) If a minor begin insert or nonminor end insert is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor begin insert or nonminor end insert , including medical treatment, subject to further
order of the court.

(2) In the discretion of the court, a ward may be ordered to be
on probation without supervision of the probation officer. The
court, in so ordering, may impose on the ward any and all
reasonable conditions of behavior as may be appropriate under
this disposition. A minor begin insert or nonminor end insert who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, Section 459 of the Penal Code, or
subdivision (a) of Section 11350 of the Health and Safety Code,
shall not be eligible for probation without supervision of the
probation officer. A minor begin insert or nonminor end insert who has been adjudged a
ward of the court on the basis of the commission of any offense
involving the sale or possession for sale of a controlled substance,
except misdemeanor offenses involving marijuana, as specified in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or of an offense in violation of Section
32625 of the Penal Code, shall be eligible for probation without
supervision of the probation officer only when the court determines
that the interests of justice would best be served and states reasons
on the record for that determination.

(3) In all other cases, the court shall order the care, custody, and
control of the minor begin insert or nonminor end insert to be under the supervision of
the probation officer who may place the minor begin insert or nonminor end insert in any
of the following:

(A) The approved home of a relative or the approved home of
a nonrelative, extended family member, as defined in Section
362.7. If a decision has been made to place the minor in the home
of a relative, the court may authorize the relative to give legal
consent for the minor’s medical, surgical, and dental care and
education as if the relative caretaker were the custodial parent of
the minor.

(B) A suitable licensed community care facility.

(C) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has
been certified by the agency as meeting licensing standards.

(D) (i) Every minor adjudged a ward of the juvenile court who
is residing in a placement as defined in subparagraphs (A) to (C),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to, participation
in those activities. Each state and local entity shall ensure that
private agencies that provide foster care services to wards have
policies consistent with this section and that those agencies promote
and protect the ability of wards to participate in age-appropriate
extracurricular, enrichment, and social activities. A group home
administrator, a facility manager, or his or her responsible designee,
and a caregiver, as defined in paragraph (1) of subdivision (a) of
Section 362.04, shall use a reasonable and prudent parent standard,
as defined in paragraph (2) of subdivision (a) of Section 362.04,
in determining whether to give permission for a minor residing in
foster care to participate in extracurricular, enrichment, and social
activities. A group home administrator, a facility manager, or his
or her responsible designee, and a caregiver shall take reasonable
steps to determine the appropriateness of the activity taking into
consideration the minor’s age, maturity, and developmental level.

(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor
at the group home in applying and using the reasonable and prudent
parent standard.

(b) (1) To facilitate coordination and cooperation among
agencies, the court may, at any time after a petition has been filed,
after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency that the court determines
has failed to meet a legal obligation to provide services to a minor,
for whom a petition has been filed under Section 601 or 602, to a
nonminor, as described in Section 303, or to a nonminor dependent,
as defined in subdivision (v) of Section 11400. In any proceeding
in which an agency is joined, the court shall not impose duties
upon the agency beyond those mandated by law. The purpose of
joinder under this section is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall not
be maintained for any other purpose. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.

(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency
that has been joined as a party, that the minor, nonminor, or
nonminor dependent is eligible for those services. With respect to
mental health assessment, treatment, and case management services
pursuant to Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code, the court’s
determination shall be limited to whether the agency has complied
with that chapter.

(3) For the purposes of this subdivision, “agency” means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.

(c) If a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602,
and the court finds that notice has been given in accordance with
Section 661, and if the court orders that a parent or guardian shall
retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may
be required to participate with that minor in a counseling or
education program including, but not limited to, parent education
and parenting programs operated by community colleges, school
districts, or other appropriate agencies designated by the court.

(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure
the minor’s regular school attendance, and to make reasonable
efforts to obtain appropriate educational services necessary to meet
the needs of the minor.

If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11363 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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 (d) 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 former dependent or ward 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 who are under 19 years of age, if they reached 16 years
of age before the Kin-GAP negotiated agreement payments
commenced, and as described in Section 10103.5. 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 agreement
payments commenced, and as described in Section 10103.5.
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 agreement 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.

(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.
begin insert When a nonminor former dependent is receiving Kin-GAP after
18 years of age and the nonminor former dependent’s former
guardian dies, the nonminor former dependent may petition the
court for a hearing pursuant to subdivision (e) of Section 388. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 11400 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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) (1) “Transitional housing placement provider” means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents,
as defined in subdivision (v). A transitional housing placement
provider shall be privately operated and organized on a nonprofit
basis.

(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.

(s) “Transitional Housing Program-Plus” means a provider
certified by the applicable county, in accordance with subdivision
(c) of Section 16522, to provide transitional housing services to
former foster youth who have exited the foster care system on or
after their 18th birthday.

(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 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, 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 any of the following:

(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on
and after January 1, 2012, a nonminor dependent, and the county
welfare services or probation department or tribal agency
responsible for the foster care placement, that documents the
nonminor’s continued willingness to remain in supervised
out-of-home placement under the placement and care of the
responsible county, tribe, consortium of tribes, or tribal
organization that has entered into an agreement with the state
pursuant to Section 10553.1, remain under the jurisdiction of the
juvenile court as a nonminor dependent, and report any change of
circumstances relevant to continued eligibility for foster care
payments, and that documents 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 independent living case plan.

(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP
payments 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
former dependent or ward satisfies the conditions described in
Section 11403.01, or one or more of the conditions described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403. For purposes of this paragraph and paragraph (3),
“nonminor former dependent or ward” has the same meaning as
described in subdivision (aa).

(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC
payments under subdivision (e) or (f) of Section 11405 and the
agency responsible for the AFDC-FC benefits, provided that the
nonminor former dependent or ward described in subdivision (e)
of Section 11405 satisfies one or more of the conditions described
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, and the nonminor described in subdivision (f) of Section
11405 satisfies the secondary school or equivalent training or
certificate program conditions described in that subdivision.

(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 dependent child or ward of the juvenile court, or begin insert is end insert a
nonminor under the transition jurisdiction of the juvenile court, as
described in Section 450, who satisfies all of the following criteria:

(1) He or she has attained 18 years of age while under an order
of foster care placement by the juvenile court, and is not more than
19 years of age on or after January 1, 2012, not more than 20 years
of age on or after January 1, 2013, or not more than 21 years of
age on or after January 1, 2014, and as described in Section
10103.5.

(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal organization
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 federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.

(w) “Supervised independent living placement” means, on and
after January 1, 2012, an independent 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) “Supervised independent living setting,” pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
672(c)(2)), includes both a supervised independent living
placement, as defined in subdivision (w), and a residential housing
unit certified by the transitional housing placement provider
operating a Transitional Housing Placement-Plus Foster Care
program, as described in paragraph (2) of subdivision (a) of Section
16522.1.

(y) “Transitional independent living case plan” means, on or
after January 1, 2012, the nonminor dependent’s case plan, updated
every six months, that describes the goals and objectives of how
the nonminor will make progress in the transition to living
independently and assume incremental responsibility for adult
decisionmaking, the collaborative efforts between the nonminor
and the social worker, probation officer, or Indian tribal placing
entity and the supportive services as described in the transitional
independent living plan (TILP) to ensure active and meaningful
participation in one or more of the eligibility criteria described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, the nonminor’s appropriate supervised placement setting,
and the nonminor’s permanent plan for transition to living
independently, which includes maintaining or obtaining permanent
connections to caring and committed adults, as set forth in
paragraph (16) of subdivision (f) of Section 16501.1.

(z) “Voluntary reentry agreement” means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452 or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor’s desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor’s desire,
willingness, and ability to immediately participate in one or more
of the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor’s agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor’s agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor’s agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant
to subdivision (e) of Section 388 within 15 judicial days of the
signing of the agreement and the placing agency’s efforts and
supportive services to assist the nonminor in the reentry process,
or (2) if the nonminor meets the definition of a nonminor former
dependent or ward, as described in subdivision (aa), the nonminor’s
agreement to return to the care and support of his or her former
juvenile court-appointed guardian and meet the eligibility criteria
for AFDC-FC pursuant to subdivision (e) of Section 11405.

(aa) “Nonminor former dependent or ward” means, on and after
January 1, 2012, either of the following:

(1) A nonminor who reached 18 years of age while subject to
an order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and
who is still under the general jurisdiction of the court.

(2) A nonminor who is over 18 years of age and, while a minor,
was a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26,
or subdivision (d), of Section 728 and the juvenile court
dependency or wardship was dismissed following the establishment
of the guardianship.

begin insert

(ab) “Transition dependent” is a minor between 17 years and
five months and 18 years of age who is subject to the court’s
transition jurisdiction under Section 450.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 11403 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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 federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), to receive federal financial participation
for nonminor dependents of the juvenile court who satisfy the
conditions of subdivision (b), consistent with their transitional
independent 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 and as described in
Section 10103.5. 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 tribal placing entity 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 meet
the legal authority for placement and care by being under a foster
care placement order by the juvenile court, or the voluntary reentry
agreement as set forth in subdivision (z) of Section 11400, and is
otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive 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 and who satisfies the criteria
set forth in subdivision (a) shall be eligible to continue to receive
aid 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 section 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, Indian
tribe, consortium of tribes, or tribal organization 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 tribal entity 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 nonminor
former dependent receiving aid pursuant to subdivision (e) of
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, as applicable, and the placing
worker, in addition to any other payee. Payments of 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, or aid pursuant to subdivision (e) of
Section 11405 that are made on behalf of a nonminor former
dependent shall terminate subject to the terms of the agreements.
Subject to federal approval of amendments to the state plan, aid
payments may be suspended and resumed based on changes of
circumstances that affect eligibility. Nonminor former dependents,
as identified in paragraph (2) of subdivision (aa) of Section 11400,
are not eligible for reentry under subdivision (e) of Section 388 as
nonminor dependents under the jurisdiction of the juvenile court begin insert ,
unless (1) the nonminor former dependent was receiving aid
pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385) or the
nonminor former dependent was receiving aid pursuant to
subdivision (e) of Section 11405 or the nonminor was receiving
adoption assistance payments as specified in Chapter 2.1
(commencing with Section 16115) of Part 3 and (2) the nonminor’s
former guardian or adoptive parent dies after the nonminor turns
18 years of age but before the nonminor turns 21 years of age end insert .
Nonminor former dependents requesting the resumption of
AFDC-FC payments pursuant to subdivision (e) of Section 11405
shall complete the applicable portions of the voluntary reentry
agreement, as described in subdivision (z) of Section 11400.

(d) A nonminor dependent may receive all of the payment
directly provided that the nonminor is living independently in a
supervised placement, as described in subdivision (w) of Section
11400, 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 independent living case plan.

(e) Eligibility for aid under this section shall not terminate until
the nonminor dependent attains the age criteria, as set forth in
subdivision (a), but aid may be suspended when the nonminor
dependent no longer resides in an eligible facility, as described in
Section 11402, or is otherwise not eligible for AFDC-FC benefits
under Section 11401, or terminated at the request of the nonminor,
or after a court terminates dependency jurisdiction pursuant to
Section 391, delinquency jurisdiction pursuant to Section 607.2,
or transition jurisdiction pursuant to Section 452. AFDC-FC
benefits to nonminor dependents, may be resumed at the request
of the nonminor by completing a voluntary reentry agreement
pursuant to subdivision (z) of Section 11400, before or after the
filing of a petition filed pursuant to subdivision (e) of Section 388
after a court terminates dependency or transitional jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 607.2. The county welfare or probation department or
Indian tribal entity that has entered into an agreement pursuant to
Section 10553.1 shall complete the voluntary reentry agreement
with the nonminor who agrees to satisfy the criteria of the
agreement, as described in subdivision (z) of Section 11400. The
county welfare department or tribal entity shall establish a new
child-only Title IV-E eligibility determination based on the
nonminor’s completion of the voluntary reentry agreement pursuant
to Section 11401. The beginning date of aid for either federal or
state AFDC-FC for a reentering nonminor who is placed in foster
care is the date the voluntary reentry agreement is signed or the
nonminor is placed, whichever is later. The county welfare
department, county probation department, or tribal entity 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 former
dependents receiving aid pursuant to subdivision (e) of 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 nonminor dependent’s transitional
independent living case plan. Placements made out of state are
subject to the applicable 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, county probation
department, or tribal entity 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) 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 pay the
nonfederal share of 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, aid
pursuant to Kin-GAP under 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). A county
shall contribute to the CalWORKs payments pursuant to Section
11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
with Section 11360) at the statutory sharing ratios in effect on
January 1, 2012.

(2) Subject to paragraph (3), a county shall pay the nonfederal
share of 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. 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) (A) (i) Notwithstanding any other provision of law, a
county’s required total contribution pursuant to paragraphs (1) and
(2), excluding costs incurred pursuant to Section 10103.5, shall
not exceed the amount of 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), and the amount of funding specifically included
in the Protective Services Subaccount within the Support Services
Account within the Local Revenue Fund 2011, plus any associated
growth funding from the Support Services Growth Subaccount
within the Sales and Use Tax Growth Account to pay the costs of
extending aid pursuant to this section.

(ii) A county, at its own discretion, may expend additional funds
beyond the amounts identified in clause (i). These additional
amounts shall not be included in any cost and savings calculations
or comparisons performed pursuant to this section.

(B) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code. In addition, the following are available to the
counties for the purpose of funding costs pursuant to this section:

(i) The savings in Kin-GAP assistance grant expenditures
realized from the receipt of federal funds due to the implementation
of Article 4.7 (commencing with Section 11385).

(ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of Public Law
110-351 and consistent with subdivision (d) of Section 16118.

(4) (A) The limit on the county’s total contribution pursuant to
paragraph (3) shall be assessed by the State Department of Social
Services, in conjunction with the California State Association of
Counties, in 2015-16, to determine if it shall be removed. The
assessment of the need for the limit shall be based on a
determination on a statewide basis of whether the actual county
costs of providing extended care pursuant to this section, excluding
costs incurred pursuant to Section 10103.5, are fully funded by
the amount of savings in Kin-GAP assistance grant expenditures
realized by the counties from the receipt of federal funds due to
the implementation of Article 4.7 (commencing with Section
11385) and the amount of funding specifically included in the
Protective Services Subaccount within the Support Services
Account within the Local Revenue Fund 2011 plus any associated
growth funding from the Support Services Growth Subaccount
within the Sales and Use Tax Growth Account to pay the costs of
extending aid pursuant to this section.

(B) If the assessment pursuant to subparagraph (A) shows that
the statewide total costs of extending aid pursuant to this section,
excluding costs incurred pursuant to Section 10103.5, are fully
funded by the amount of savings in Kin-GAP assistance grant
expenditures realized by the counties from the receipt of federal
funds due to the implementation of Article 4.7 (commencing with
Section 11385) and the amount of funding specifically included
in the Protective Services Subaccount within the Support Services
Account within the Local Revenue Fund 2011 plus any associated
growth funding from the Support Services Growth Subaccount
within the Sales and Use Tax Growth Account to pay the costs of
extending aid pursuant to this section, the Department of Finance
shall certify that fact, in writing, and shall post the certification on
its Internet Web site, at which time subparagraph (A) of paragraph
(3) shall no longer be implemented.

(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
federal 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, 2013, 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 federal
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) This section shall become operative on January 1, 2012.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 11405 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

11405.  

(a) Except for nonminors described in paragraph (2)
of subdivision (e) begin insert and in subdivision (f) end insert , AFDC-FC benefits shall
be paid to an otherwise eligible child living with a nonrelated legal
guardian, provided that the legal guardian cooperates with the
county welfare department in all of the following:

(1) Developing a written assessment of the child’s needs.

(2) Updating the assessment no less frequently than once every
six months.

(3) Carrying out the case plan developed by the county.

(b)  Except for nonminors described in paragraph (2) of
subdivision (e) begin insert and in subdivision (f) end insert , when AFDC-FC is applied
for on behalf of a child living with a nonrelated legal guardian the
county welfare department shall do all of the following:

(1) Develop a written assessment of the child’s needs.

(2) Update those assessments no less frequently than once every
six months.

(3) Develop a case plan that specifies how the problems
identified in the assessment are to be addressed.

(4) Make visits to the child as often as appropriate, but in no
event less often than once every six months.

(c) Where the child is a parent and has a child living with him
or her in the same eligible facility, the assessment required by
paragraph (1) of subdivision (a) shall include the needs of his or
her child.

(d) Nonrelated legal guardians of eligible children who are in
receipt of AFDC-FC payments described in this section shall be
exempt from the requirement to register with the Statewide
Registry of Private Professional Guardians pursuant to Sections
2850 and 2851 of the Probate Code.

(e) (1) On and after January 1, 2012, a nonminor youth whose
nonrelated guardianship was ordered in juvenile court pursuant to
Section 360 or 366.26, and whose dependency was dismissed,
shall remain eligible for AFDC-FC benefits until the youth attains
19 years of age, effective January 1, 2013, until the youth attains
20 years of age, and effective January 1, 2014, until the youth
attains 21 years of age, provided that the youth enters into a mutual
agreement with the agency responsible for his or her guardianship,
and the youth is meeting the conditions of eligibility, as described
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403.

(2) A nonminor former dependent or ward as defined in
paragraph (2) of subdivision (aa) of Section 11400 shall be eligible
for benefits under this section until the youth attains 21 years of
age if all of the following conditions are met:

(A) The nonminor former dependent or ward attained 18 years
of age while in receipt of Kin-GAP benefits pursuant to Article
4.7 (commencing with Section 11385).

(B) The nonminor’s relationship to the kinship guardian is
defined in paragraph (2), (3), or (4) of subdivision (c) of Section
11391.

(C) The nonminor begin delete who end delete was under 16 years of age at the time
the Kin-GAP negotiated agreement payments commenced.

(D) The guardian continues to be responsible for the support of
the nonminor.

(E) The nonminor otherwise is meeting the conditions of
eligibility, as described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.

(f) On or after January 1, 2012, a child whose nonrelated
guardianship was ordered in probate court pursuant Article 2
(commencing with Section 1510) of Chapter 1 of Part 2 of Division
4 of the Probate Code, who is attending high school or the
equivalent level of vocational or technical training on a full-time
basis, or who is in the process of pursuing a high school
equivalency certificate prior to his or her 18th birthday may
continue to receive aid following his or her 18th birthday as long
as the child continues to reside in the guardian’s home, remains
otherwise eligible for AFDC-FC benefits 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.

(g) (1) For cases in which a guardianship was established on
or before June 30, 2011, or the date specified in a final order, for
which the time for appeal has passed, issued by a court of
competent jurisdiction in California State Foster Parent
Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct.
No. C 07-05086 WHA), whichever is earlier, the AFDC-FC
payment described in this section shall be the foster family home
rate structure in effect prior to the effective date specified in the
order described in this paragraph.

(2) For cases in which guardianship has been established on or
after July 1, 2011, or the date specified in the order described in
paragraph (1), whichever is earlier, the AFDC-FC payments
described in this section shall be the basic foster family home rate
set forth in paragraph (1) of subdivision (g) of Section 11461.

(3) Beginning with the 2011-12 fiscal year, the AFDC-FC
payments identified in this subdivision shall be adjusted annually
by the percentage change in the California Necessities Index rate
as set forth in paragraph (2) of subdivision (g) of Section 11461.

(h) In addition to the AFDC-FC rate paid, all of the following
also shall be paid:

(1) A specialized care increment, if applicable, as set forth in
subdivision (e) of Section 11461.

(2) A clothing allowance, as set forth in subdivision (f) of
Section 11461.

(3) For a child eligible for an AFDC-FC payment who is a teen
parent, the rate shall include the two hundred dollar ($200) monthly
payment made to the relative caregiver in a whole family foster
home pursuant to paragraph (3) of subdivision (d) of Section
11465.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 16120 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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, or, in the
case of a nonminor dependent the court has dismissed dependency
or transitional jurisdiction subsequent to the approval of the
nonminor dependent, adoption petition pursuant to subdivision (f)
of Section 366.31.

(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, age of three years
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 an 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 as described in Section 10103.5, and has 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 applies.

(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.

(5) The nonminor dependent, as described in subdivision (v) of
Section 11400, is the subject of an adoption pursuant to subdivision
(f) of Section 366.31.

(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 begin insert or nonminor end insert shall be eligible for Adoption
Assistance Program benefits if the following conditions are met:

(1) The child begin insert or nonminor end insert received Adoption Assistance
Program benefits with respect to a prior adoption and the child begin insert or
nonminor end insert 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 begin insert or nonminor’s end insert adoptive parents
died and the child begin insert or nonminor end insert meets the special needs criteria
described in subdivisions (a) to (c), inclusive. begin insert When a nonminor
is receiving Adoption Assistance Program benefits after 18 years
of age and the nonminor’s adoptive parents die, the juvenile court
may resume dependency jurisdiction over the nonminor pursuant
to subdivision (e) of Section 388. end insert

(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).

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would enhance the delivery of services for
nonminor dependent foster youth who are eligible to receive federal
financial assistance through the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008.

end delete