AB 787, as amended, Stone. Foster care.
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
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
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) (1) Any parent or other person having an interest in
4a child who is a dependent child of the juvenile court or a nonminor
5dependent as defined in subdivision (v) of Section 11400, or the
6child himself or herself or the nonminor dependent through a
7properly appointed guardian may, upon grounds of change of
8circumstance or new evidence, petition the court in the same action
9in which the child was found to be a dependent child of the juvenile
10court or in which a guardianship was ordered pursuant to Section
11360 for a hearing to change, modify, or set aside any order of court
12previously made or to terminate the jurisdiction of the court. The
13petition shall be verified and, if made by a person other than the
14child or the nonminor dependent shall state the petitioner’s
15relationship to or interest in the child or the nonminor dependent
16and shall set forth in concise language any change of circumstance
17or new evidence that is alleged to require the change of order or
18termination of jurisdiction.
19(2) When any party, including a child who is a dependent of the
20juvenile court, petitions the court prior to an order terminating
21parental rights, to modify the order that reunification services were
22not needed pursuant to paragraphs (4), (5), and (6) of subdivision
23(b) of Section 361.5, or to modify any orders related to custody or
24visitation of the subject child, and the court orders a hearing
P4 1pursuant to subdivision (d), the court shall modify the order that
2reunification services were not needed pursuant to paragraphs (4),
3(5), and (6) of subdivision (b) of Section 361.5, or any orders
4related to the custody or visitation of the child for whom
5reunification services were not ordered pursuant to paragraphs (4),
6(5), and (6) of subdivision (b) of Section 361.5, only if the court
7finds by clear and convincing evidence that the proposed change
8is in the best interests of the child.
9(b) Any person, including a child or the nonminor dependent
10who is a dependent of the juvenile court, may petition the court to
11assert a relationship as a sibling related by blood, adoption, or
12affinity through a common legal or biological parent to a child
13who is, or is the subject of a petition for adjudication as, a
14dependent of the juvenile court, and may request visitation with
15the dependent child, placement with or near the dependent child,
16or consideration when determining or implementing a case plan
17or permanent plan for the dependent child or make any other
18request for an order which may be shown to be in the best interest
19of the dependent child. The court may appoint a guardian ad litem
20to file the petition for the dependent child asserting the sibling
21relationship if the court determines that the appointment is
22necessary for the best interests of the dependent child. The petition
23shall be verified and shall set forth the following:
24(1) Through which parent he or she is related to the dependent
26(2) Whether he or she is related to the dependent child by blood,
27adoption, or affinity.
28(3) The request or order that the petitioner is seeking.
29(4) Why that request or order is in the best interest of the
31(c) (1) Any party, including a child who is a dependent of the
32juvenile court, may petition the court, prior to the hearing set
33pursuant to subdivision (f) of Section 366.21 for a child described
34by subparagraph (A) of paragraph (1) of subdivision (a) of Section
35361.5, or prior to the hearing set pursuant to subdivision (e) of
36Section 366.21 for a child described by subparagraph (B) or (C)
37of paragraph (1) of subdivision (a) of Section 361.5, to terminate
38court-ordered reunification services provided under subdivision
39(a) of Section 361.5 only if one of the following conditions exists:
P5 1(A) It appears that a change of circumstance or new evidence
2exists that satisfies a condition set forth in subdivision (b) or (e)
3of Section 361.5 justifying termination of court-ordered
5(B) The action or inaction of the parent or guardian creates a
6substantial likelihood that reunification will not occur, including,
7but not limited to, the parent’s or guardian’s failure to visit the
8child, or the failure of the parent or guardian to participate regularly
9and make substantive progress in a court-ordered treatment plan.
10(2) In determining whether the parent or guardian has failed to
11visit the child or participate regularly or make progress in the
12treatment plan, the court shall consider factors that include but are
13not limited to, the parent’s or guardian’s incarceration,
14institutionalization, detention by the United States Department of
15Homeland Security, deportation, or participation in a court-ordered
16residential substance abuse treatment program.
17(3) The court shall terminate reunification services during the
18above-described time periods only upon a finding by a
19preponderance of evidence that reasonable services have been
20offered or provided, and upon a finding of clear and convincing
21evidence that one of the conditions in subparagraph (A) or (B) of
22paragraph (1) exists.
23(4) Any party, including a nonminor dependent, as defined in
24 subdivision (v) of Section 11400, may petition the court prior to
25the review hearing set pursuant to subdivision (d) of Section 366.31
26to terminate the continuation of court-ordered family reunification
27services for a nonminor dependent who has attained 18 years of
28age. The court shall terminate family reunification services to the
29parent or guardian if the nonminor dependent or parent or guardian
30are not in agreement that the continued provision of court-ordered
31family reunification services is in the best interests of the nonminor
33(5) If the court terminates reunification services, it shall order
34that a hearing pursuant to Section 366.26 be held within 120 days.
35On and after January 1, 2012, a hearing pursuant to Section 366.26
36shall not be ordered if the child is a nonminor dependent. The court
37may order a nonminor dependent who is otherwise eligible to
38AFDC-FC benefits pursuant to Section 11403 to remain in a
39planned, permanent living arrangement.
P6 1(d) If it appears that the best interests of the child or the
2nonminor dependent may be promoted by the proposed change of
3order, modification of reunification services, custody, or visitation
4orders concerning a child for whom reunification services were
5not ordered pursuant to paragraphs (4), (5), and (6) of subdivision
6(b) of Section 361.5, recognition of a sibling relationship,
7termination of jurisdiction, or clear and convincing evidence
8supports revocation or termination of court-ordered reunification
9services, the court shall order that a hearing be held and shall give
10prior notice, or cause prior notice to be given, to the persons and
11in the manner prescribed by Section 386, and, in those instances
12in which the manner of giving notice is not prescribed by those
13sections, then in the manner the court prescribes.
14(e) (1) On and after January 1, 2012, a nonminor who
15attained 18 years of age while subject to an order for foster care
16placement and, commencing January 1, 2012, who has not attained
1719 years of age, or, commencing January 1, 2013, 20 years of age,
18or, commencing January 1, 2014, 21 years of age, or as described
19in Section 10103.5, for whom the court has dismissed dependency
20jurisdiction pursuant to Section 391, or delinquency jurisdiction
21pursuant to Section 607.2, or transition jurisdiction pursuant to
22Section 452, but has retained general jurisdiction under subdivision
23(b) of Section 303, or the county child welfare services, probation
24department, or tribal placing agency on behalf of the nonminor,
25may petition the court in the same action in which the child was
26found to be a dependent or delinquent child of the juvenile court,
27for a hearing to resume the dependency jurisdiction over a former
28dependent or to assume or resume transition jurisdiction over a
29former delinquent ward pursuant to Section 450. The petition shall
30be filed within the period that the nonminor is of the age described
31in this paragraph. If the nonminor has completed the voluntary
32reentry agreement, as described in subdivision (z) of Section 11400,
33with the placing agency, the agency shall file the petition on behalf
34of the nonminor within 15 judicial days of the date the agreement
35was signed unless the nonminor elects to file the petition at an
25(2) (A) The petition to resume jurisdiction may be filed in the
26juvenile court that retains general jurisdiction under subdivision
27(b) of Section 303, or the petition may be submitted to the juvenile
28court in the county where the youth resides and forwarded to the
29juvenile court that retained general jurisdiction and filed with that
30court. The juvenile court having general jurisdiction under Section
31303 shall receive the petition from the court where the petition
32was submitted within five court days of its submission, if the
33petition is filed in the county of residence. The juvenile court that
34retained general jurisdiction shall order that a hearing be held
35within 15 judicial days of the date the petition was filed if there is
36a prima facie showing that the nonminor satisfies the following
38(i) He or she was previously under juvenile court jurisdiction,
39subject to an order for foster care placement when he or she
P8 1attained 18 years of age, and has not attained the age limits
2described in paragraph (1).
3(ii) He or she intends to satisfy at least one of the conditions set
4forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
6(iii) He or she wants assistance either in maintaining or securing
7appropriate supervised placement, or is in need of immediate
8placement and agrees to supervised placement pursuant to the
9voluntary reentry agreement as described in subdivision (z) of
11(B) Upon ordering a hearing, the court shall give prior notice,
12or cause prior notice to be given, to the persons and by the means
13prescribed by Section 386, except that notice to parents or former
14guardians shall not be provided unless the nonminor requests, in
15writing on the face of the petition, notice to the parents or former
17(3) The Judicial Council, by January 1, 2012, shall adopt rules
18of court to allow for telephonic appearances by nonminor former
19dependents or delinquents in these proceedings, and for telephonic
20appearances by nonminor dependents in any proceeding in which
21the nonminor dependent is a party, and he or she declines to appear
22and elects a telephonic appearance.
23(4) Prior to the hearing on a petition to resume dependency
24jurisdiction or to assume or resume transition jurisdiction, the court
25shall order the county child welfare or probation department to
26prepare a report for the court addressing whether the nonminor
27intends to satisfy at least one of the criteria set forth in subdivision
28(b) of Section 11403. When the recommendation is for the
29nonminor dependent to be placed in a setting where minor
30dependents also reside, the results of a background check of the
31petitioning nonminor conducted pursuant to Section 16504.5, may
32be used by the placing agency to determine appropriate placement
33options for the nonminor. The existence of a criminal conviction
34is not a bar to eligibility for reentry or resumption of dependency
35jurisdiction or the assumption or resumption of transition
36jurisdiction over a nonminor.
37(5) (A) The court shall resume dependency jurisdiction over a
38former dependent or assume or resume transition jurisdiction over
39a former delinquent ward pursuant to Section 450, and order that
40the nonminor’s placement and care be under the responsibility of
P9 1the county child welfare services department, the probation
2department, tribe, consortium of tribes, or tribal organization, if
3the court finds all of the following:
4(i) The nonminor was previously under juvenile court
5jurisdiction subject to an order for foster care placement when he
6or she attained 18 years of age.
7(ii) The nonminor has not attained the age limits described in
9(iii) Reentry and remaining in foster care are in the nonminor’s
11(iv) The nonminor intends to satisfy, and agrees to satisfy, at
12least one of the criteria set forth in paragraphs (1) to (5), inclusive,
13of subdivision (b) of Section 11403, and demonstrates his or her
14agreement to placement in a supervised setting under the placement
15and care responsibility of the placing agency and to satisfy the
16criteria by signing the voluntary reentry agreement as described
17in subdivision (z) of Section 11400.
18(B) In no event shall the court grant a continuance that would
19cause the hearing to resume dependency jurisdiction or to assume
20or resume transition jurisdiction to be completed more than 120
21days after the date the petition was filed.
22(C) The agency made responsible for the nonminor’s placement
23and care pursuant to subparagraph (A) shall prepare a new
24transitional independent living case plan within 60 calendar days
25from the date the nonminor signed the voluntary reentry agreement
26as described in subdivision (z) of Section 11400 and submit it to
27the court for the review hearing under Section 366.31, to be held
28within 70 days of the resumption of dependency jurisdiction or
29assumption or resumption of transition jurisdiction. In no event
30shall the review hearing under Section 366.3 be held more than
31170 calendar days from the date the nonminor signed the voluntary
(a) (1) If a minor is adjudged a ward of the
36court on the ground that he or she is a person described by Section
37601 or 602, the court may make any reasonable orders for the care,
38supervision, custody, conduct, maintenance, and support of the
39minor, including medical treatment, subject to further
40order of the court.
P10 1(2) In the discretion of the court, a ward may be ordered to be
2on probation without supervision of the probation officer. The
3court, in so ordering, may impose on the ward any and all
4 reasonable conditions of behavior as may be appropriate under
5this disposition. A minor who has been adjudged a
6ward of the court on the basis of the commission of any of the
7offenses described in subdivision (b) or paragraph (2) of
8subdivision (d) of Section 707, Section 459 of the Penal Code, or
9subdivision (a) of Section 11350 of the Health and Safety Code,
10shall not be eligible for probation without supervision of the
11probation officer. A minor who has been adjudged a
12ward of the court on the basis of the commission of any offense
13involving the sale or possession for sale of a controlled substance,
14except misdemeanor offenses involving marijuana, as specified in
15Chapter 2 (commencing with Section 11053) of Division 10 of the
16Health and Safety Code, or of an offense in violation of Section
1732625 of the Penal Code, shall be eligible for probation without
18supervision of the probation officer only when the court determines
19that the interests of justice would best be served and states reasons
20on the record for that determination.
21(3) In all other cases, the court shall order the care, custody, and
22control of the minor to be under the supervision of
23the probation officer who may place the minor in any
24of the following:
25(A) The approved home of a relative or the approved home of
26a nonrelative, extended family member, as defined in Section
27362.7. If a decision has been made to place the minor in the home
28of a relative, the court may authorize the relative to give legal
29consent for the minor’s medical, surgical, and dental care and
30education as if the relative caretaker were the custodial parent of
32(B) A suitable licensed community care facility.
33(C) With a foster family agency to be placed in a suitable
34licensed foster family home or certified family home which has
35been certified by the agency as meeting licensing standards.
36(D) (i) Every minor adjudged a ward of the juvenile court who
37is residing in a placement as defined in subparagraphs (A) to (C),
38inclusive, shall be entitled to participate in age-appropriate
39extracurricular, enrichment, and social activities. No state or local
40regulation or policy may prevent, or create barriers to, participation
P11 1in those activities. Each state and local entity shall ensure that
2private agencies that provide foster care services to wards have
3policies consistent with this section and that those agencies promote
4and protect the ability of wards to participate in age-appropriate
5extracurricular, enrichment, and social activities. A group home
6administrator, a facility manager, or his or her responsible designee,
7and a caregiver, as defined in paragraph (1) of subdivision (a) of
8Section 362.04, shall use a reasonable and prudent parent standard,
9as defined in paragraph (2) of subdivision (a) of Section 362.04,
10in determining whether to give permission for a minor residing in
11foster care to participate in extracurricular, enrichment, and social
12activities. A group home administrator, a facility manager, or his
13or her responsible designee, and a caregiver shall take reasonable
14steps to determine the appropriateness of the activity taking into
15consideration the minor’s age, maturity, and developmental level.
16(ii) A group home administrator or a facility manager, or his or
17her responsible designee, is encouraged to consult with social work
18or treatment staff members who are most familiar with the minor
19at the group home in applying and using the reasonable and prudent
21(b) (1) To facilitate coordination and cooperation among
22agencies, the court may, at any time after a petition has been filed,
23after giving notice and an opportunity to be heard, join in the
24juvenile court proceedings any agency that the court determines
25has failed to meet a legal obligation to provide services to a minor,
26for whom a petition has been filed under Section 601 or 602, to a
27nonminor, as described in Section 303, or to a nonminor dependent,
28as defined in subdivision (v) of Section 11400. In any proceeding
29in which an agency is joined, the court shall not impose duties
30upon the agency beyond those mandated by law. The purpose of
31joinder under this section is to ensure the delivery and coordination
32of legally mandated services to the minor. The joinder shall not
33be maintained for any other purpose. Nothing in this section shall
34prohibit agencies that have received notice of the hearing on joinder
35from meeting prior to the hearing to coordinate services.
36(2) The court has no authority to order services unless it has
37been determined through the administrative process of an agency
38that has been joined as a party, that the minor, nonminor, or
39nonminor dependent is eligible for those services. With respect to
40mental health assessment, treatment, and case management services
P12 1pursuant to Chapter 26.5 (commencing with Section 7570) of
2Division 7 of Title 1 of the Government Code, the court’s
3determination shall be limited to whether the agency has complied
4with that chapter.
5(3) For the purposes of this subdivision, “agency” means any
6governmental agency or any private service provider or individual
7that receives federal, state, or local governmental funding or
8reimbursement for providing services directly to a child, nonminor,
9or nonminor dependent.
10(c) If a minor has been adjudged a ward of the court on the
11ground that he or she is a person described in Section 601 or 602,
12and the court finds that notice has been given in accordance with
13Section 661, and if the court orders that a parent or guardian shall
14retain custody of that minor either subject to or without the
15supervision of the probation officer, the parent or guardian may
16be required to participate with that minor in a counseling or
17education program including, but not limited to, parent education
18and parenting programs operated by community colleges, school
19districts, or other appropriate agencies designated by the court.
20(d) The juvenile court may direct any reasonable orders to the
21parents and guardians of the minor who is the subject of any
22proceedings under this chapter as the court deems necessary and
23proper to carry out subdivisions (a), (b), and (c) including orders
24to appear before a county financial evaluation officer, to ensure
25the minor’s regular school attendance, and to make reasonable
26efforts to obtain appropriate educational services necessary to meet
27the needs of the minor.
28If counseling or other treatment services are ordered for the
29minor, the parent, guardian, or foster parent shall be ordered to
30participate in those services, unless participation by the parent,
31guardian, or foster parent is deemed by the court to be inappropriate
32or potentially detrimental to the minor.
(a) Aid in the form of state-funded Kin-GAP shall be
36provided under this article on behalf of any child under 18 years
37of age and to any eligible youth under 19 years of age as provided
38in Section 11403, who satisfies all of the following conditions:
P13 1(1) Has been adjudged a dependent child of the juvenile court
2pursuant to Section 300, or, effective October 1, 2006, a ward of
3the juvenile court pursuant to Section 601 or 602.
4(2) Has been residing for at least six consecutive months in the
5approved home of the prospective relative guardian while under
6the jurisdiction of the juvenile court or a voluntary placement
had a kinship guardianship established pursuant to
9Section 360 or 366.26.
10(4) Has had his or her dependency jurisdiction terminated after
11January 1, 2000, pursuant to Section 366.3, or his or her wardship
12terminated pursuant to subdivision (d) of Section 728, concurrently
13or subsequently to the establishment of the kinship guardianship.
14(b) If the conditions specified in subdivision (a) are met and,
15subsequent to the termination of dependency jurisdiction, any
16parent or person having an interest files with the juvenile court a
17petition pursuant to Section 388 to change, modify, or set aside an
18order of the court, Kin-GAP payments shall continue unless and
19until the juvenile court, after holding a hearing, orders the child
20removed from the home of the guardian, terminates the
21guardianship, or maintains dependency jurisdiction after the court
22concludes the hearing on the petition filed under Section 388.
23(c) A child or nonminor former dependent or ward shall be
24eligible for Kin-GAP payments if he or she meets one of the
25following age criteria:
26(1) He or she is under 18 years of age.
27(2) He or she is under 21 years of age and has a physical or
28mental disability that warrants the continuation of assistance.
29(3) Through December 31, 2011, he or she satisfies the
30conditions of Section 11403, and on and after January 1, 2012, he
31or she satisfies the conditions of Section 11403.01.
32(4) He or she satisfies the conditions as described in subdivision
34(d) Commencing January 1, 2012, state-funded Kin-GAP
35 payments shall continue for youths who have attained 18 years of
36age and who are under 19 years of age, if they reached 16 years
37of age before the Kin-GAP negotiated agreement payments
38commenced, and as described in Section 10103.5. Effective January
391, 2013, Kin-GAP payments shall continue for youths who have
40attained 18 years of age and are under 20 years of age, if they
P14 1reached 16 years of age before the Kin-GAP negotiated agreement
2payments commenced, and as described in Section 10103.5.
3Effective January 1, 2014, Kin-GAP payments shall continue for
4youths who have attained 18 years of age and are under 21 years
5of age, if they reached 16 years of age before the Kin-GAP
6negotiated agreement payments commenced. To be eligible for
7continued payments, the youth shall satisfy one or more of the
8conditions specified in paragraphs (1) to (5), inclusive, of
9subdivision (b) of Section 11403.
10(e) Termination of the guardianship with a kinship
11shall terminate eligibility for Kin-GAP unless the conditions in
12Section 11403 apply; provided, however, that if an alternate
13guardian or coguardian is appointed pursuant to Section 366.3 who
14is also a kinship guardian, the alternate or coguardian shall be
15entitled to receive Kin-GAP on behalf of the child pursuant to this
16article. A new period of six months of placement with the alternate
17guardian or coguardian shall not be required if that alternate
18guardian or coguardian has been assessed pursuant to Sections
19361.3 and 361.4 and the court terminates dependency jurisdiction.
For the purposes of this article, the following definitions
28(a) “Aid to Families with Dependent Children-Foster Care
29(AFDC-FC)” means the aid provided on behalf of needy children
30in foster care under the terms of this division.
31(b) “Case plan” means a written document that, at a minimum,
32specifies the type of home in which the child shall be placed, the
33safety of that home, and the appropriateness of that home to meet
34the child’s needs. It shall also include the agency’s plan for
35ensuring that the child receive proper care and protection in a safe
36environment, and shall set forth the appropriate services to be
37provided to the child, the child’s family, and the foster parents, in
38order to meet the child’s needs while in foster care, and to reunify
39the child with the child’s family. In addition, the plan shall specify
P15 1the services that will be provided or steps that will be taken to
2facilitate an alternate permanent plan if reunification is not possible.
3(c) “Certified family home” means a family residence certified
4by a licensed foster family agency and issued a certificate of
5approval by that agency as meeting licensing standards, and used
6only by that foster family agency for placements.
7(d) “Family home” means the family residency of a licensee in
8which 24-hour care and supervision are provided for children.
9(e) “Small family home” means any residential facility, in the
10licensee’s family residence, which provides 24-hour care for six
11or fewer foster children who have mental disorders or
12developmental or physical disabilities and who require special care
13and supervision as a result of their disabilities.
14(f) “Foster care” means the 24-hour out-of-home care provided
15to children whose own families are unable or unwilling to care for
16them, and who are in need of temporary or long-term substitute
18(g) “Foster family agency” means any individual or organization
19engaged in the recruiting, certifying, and training of, and providing
20professional support to, foster parents, or in finding homes or other
21places for placement of children for temporary or permanent care
22who require that level of care as an alternative to a group home.
23Private foster family agencies shall be organized and operated on
24a nonprofit basis.
25(h) “Group home” means a nondetention privately operated
26residential home, organized and operated on a nonprofit basis only,
27of any capacity, or a nondetention licensed residential care home
28operated by the County of San Mateo with a capacity of up to 25
29beds, that provides services in a group setting to children in need
30of care and supervision, as required by paragraph (1) of subdivision
31(a) of Section 1502 of the Health and Safety Code.
32(i) “Periodic review” means review of a child’s status by the
33juvenile court or by an administrative review panel, that shall
34include a consideration of the safety of the child, a determination
35of the continuing need for placement in foster care, evaluation of
36the goals for the placement and the progress toward meeting these
37goals, and development of a target date for the child’s return home
38or establishment of alternative permanent placement.
39(j) “Permanency planning hearing” means a hearing conducted
40by the juvenile court in which the child’s future status, including
P16 1whether the child shall be returned home or another permanent
2plan shall be developed, is determined.
3(k) “Placement and care” refers to the responsibility for the
4welfare of a child vested in an agency or organization by virtue of
5the agency or organization having (1) been delegated care, custody,
6and control of a child by the juvenile court, (2) taken responsibility,
7pursuant to a relinquishment or termination of parental rights on
8a child, (3) taken the responsibility of supervising a child detained
9by the juvenile court pursuant to Section 319 or 636, or (4) signed
10a voluntary placement agreement for the child’s placement; or to
11the responsibility designated to an individual by virtue of his or
12her being appointed the child’s legal guardian.
13(l) “Preplacement preventive services” means services that are
14designed to help children remain with their families by preventing
15or eliminating the need for removal.
16(m) “Relative” means an adult who is related to the child by
17blood, adoption, or affinity within the fifth degree of kinship,
18including stepparents, stepsiblings, and all relatives whose status
19is preceded by the words “great,” “great-great,” or “grand” or the
20spouse of any of these persons even if the marriage was terminated
21by death or dissolution.
22(n) “Nonrelative extended family member” means an adult
23caregiver who has an established familial or mentoring relationship
24with the child, as described in Section 362.7.
25(o) “Voluntary placement” means an out-of-home placement
26of a child by (1) the county welfare department, probation
27department, or Indian tribe that has entered into an agreement
28pursuant to Section 10553.1, after the parents or guardians have
29requested the assistance of the county welfare department and have
30signed a voluntary placement agreement; or (2) the county welfare
31department licensed public or private adoption agency, or the
32department acting as an adoption agency, after the parents have
33requested the assistance of either the county welfare department,
34the licensed public or private adoption agency, or the department
35acting as an adoption agency for the purpose of adoption planning,
36and have signed a voluntary placement agreement.
37(p) “Voluntary placement agreement” means a written agreement
38between either the county welfare department, probation
39department, or Indian tribe that has entered into an agreement
40pursuant to Section 10553.1, licensed public or private adoption
P17 1agency, or the department acting as an adoption agency, and the
2parents or guardians of a child that specifies, at a minimum, the
4(1) The legal status of the child.
5(2) The rights and obligations of the parents or guardians, the
6child, and the agency in which the child is placed.
7(q) “Original placement date” means the most recent date on
8which the court detained a child and ordered an agency to be
9responsible for supervising the child or the date on which an agency
10assumed responsibility for a child due to termination of parental
11rights, relinquishment, or voluntary placement.
12(r) (1) “Transitional housing placement provider” means an
13organization licensed by the State Department of Social Services
14pursuant to Section 1559.110 of the Health and Safety Code, to
15provide transitional housing to foster children at least 16 years of
16age and not more than 18 years of age, and nonminor dependents,
17as defined in subdivision (v). A transitional housing placement
18provider shall be privately operated and organized on a nonprofit
20(2) Prior to licensure, a provider shall obtain certification from
21the applicable county, in accordance with Section 16522.1.
22(s) “Transitional Housing Program-Plus” means a provider
23certified by the applicable county, in accordance with subdivision
24(c) of Section 16522, to provide transitional housing services to
25former foster youth who have exited the foster care system on or
26after their 18th birthday.
27(t) “Whole family foster home” means a new or existing family
28home, approved relative caregiver or nonrelative extended family
29member’s home, the home of a nonrelated legal guardian whose
30guardianship was established pursuant to Section 360 or 366.26,
31certified family home, or a host family home placement of a
32 transitional housing placement provider, that provides foster care
33for a minor or nonminor dependent parent and his or her child,
34and is specifically recruited and trained to assist the minor or
35nonminor dependent parent in developing the skills necessary to
36provide a safe, stable, and permanent home for his or her child.
37The child of the minor or nonminor dependent parent need not be
38the subject of a petition filed pursuant to Section 300 to qualify
39for placement in a whole family foster home.
40(u) “Mutual agreement” means any of the following:
P18 1(1) A written voluntary agreement of consent for continued
2placement and care in a supervised setting between a minor or, on
3and after January 1, 2012, a nonminor dependent, and the county
4welfare services or probation department or tribal agency
5responsible for the foster care placement, that documents the
6nonminor’s continued willingness to remain in supervised
7out-of-home placement under the placement and care of the
8responsible county, tribe, consortium of tribes, or tribal
9organization that has entered into an agreement with the state
10pursuant to Section 10553.1, remain under the jurisdiction of the
11juvenile court as a nonminor dependent, and report any change of
12circumstances relevant to continued eligibility for foster care
13payments, and that documents the nonminor’s and social worker’s
14or probation officer’s agreement to work together to facilitate
15implementation of the mutually developed supervised placement
16agreement and transitional independent living case plan.
17(2) An agreement, as described in paragraph (1), between a
18nonminor former dependent or ward in receipt of Kin-GAP
19payments under Article 4.5 (commencing with Section 11360) or
20Article 4.7 (commencing with Section 11385), and the agency
21responsible for the Kin-GAP benefits, provided that the nonminor
22former dependent or ward satisfies the conditions described in
23Section 11403.01, or one or more of the conditions described in
24paragraphs (1) to (5), inclusive, of subdivision (b) of Section
2511403. For purposes of this paragraph and paragraph (3),
26“nonminor former dependent or ward” has the same meaning as
27described in subdivision (aa).
28(3) An agreement, as described in paragraph (1), between a
29nonminor former dependent or ward in receipt of AFDC-FC
30payments under subdivision (e) or (f) of Section 11405 and the
31agency responsible for the AFDC-FC benefits, provided that the
32nonminor former dependent or ward described in subdivision (e)
33of Section 11405 satisfies one or more of the conditions described
34in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
3511403, and the nonminor described in subdivision (f) of Section
3611405 satisfies the secondary school or equivalent training or
37certificate program conditions described in that subdivision.
38(v) “Nonminor dependent” means, on and after January 1, 2012,
39a foster child, as described in Section 675(8)(B) of Title 42 of the
40United States Code under the federal Social Security Act who is
P19 1a current dependent child or ward of the juvenile court, or a
2nonminor under the transition jurisdiction of the juvenile court, as
3described in Section 450, who satisfies all of the following criteria:
4(1) He or she has attained 18 years of age while under an order
5of foster care placement by the juvenile court, and is not more than
619 years of age on or after January 1, 2012, not more than 20 years
7of age on or after January 1, 2013, or not more than 21 years of
8age on or after January 1, 2014, and as described in Section
10(2) He or she is in foster care under the placement and care
11responsibility of the county welfare department, county probation
12department, Indian tribe, consortium of tribes, or tribal organization
13that entered into an agreement pursuant to Section 10553.1.
14(3) He or she is participating in a transitional independent living
15case plan pursuant to Section 475(8) of the federal Social Security
16Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering
17Connections to Success and Increasing Adoptions Act of 2008
18(Public Law 110-351), as described in Section 11403.
19(w) “Supervised independent living placement” means, on and
20after January 1, 2012, an independent supervised setting, as
21specified in a nonminor dependent’s transitional independent living
22case plan, in which the youth is living independently, pursuant to
23 Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec.
25(x) “Supervised independent living setting,” pursuant to Section
26472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
27672(c)(2)), includes both a supervised independent living
28placement, as defined in subdivision (w), and a residential housing
29unit certified by the transitional housing placement provider
30operating a Transitional Housing Placement-Plus Foster Care
31program, as described in paragraph (2) of subdivision (a) of Section
33(y) “Transitional independent living case plan” means, on or
34after January 1, 2012, the nonminor dependent’s case plan, updated
35every six months, that describes the goals and objectives of how
36the nonminor will make progress in the transition to living
37independently and assume incremental responsibility for adult
38decisionmaking, the collaborative efforts between the nonminor
39and the social worker, probation officer, or Indian tribal placing
40entity and the supportive services as described in the transitional
P20 1independent living plan (TILP) to ensure active and meaningful
2participation in one or more of the eligibility criteria described in
3paragraphs (1) to (5), inclusive, of subdivision (b) of Section
411403, the nonminor’s appropriate supervised placement setting,
5and the nonminor’s permanent plan for transition to living
6independently, which includes maintaining or obtaining permanent
7connections to caring and committed adults, as set forth in
8paragraph (16) of subdivision (f) of Section 16501.1.
9(z) “Voluntary reentry agreement” means a written voluntary
10agreement between a former dependent child or ward or a former
11nonminor dependent, who has had juvenile court jurisdiction
12terminated pursuant to Section 391, 452 or 607.2, and the county
13welfare or probation department or tribal placing entity that
14 documents the nonminor’s desire and willingness to reenter foster
15care, to be placed in a supervised setting under the placement and
16care responsibility of the placing agency, the nonminor’s desire,
17willingness, and ability to immediately participate in one or more
18of the conditions of paragraphs (1) to (5), inclusive, of subdivision
19(b) of Section 11403, the nonminor’s agreement to work
20collaboratively with the placing agency to develop his or her
21transitional independent living case plan within 60 days of reentry,
22the nonminor’s agreement to report any changes of circumstances
23relevant to continued eligibility for foster care payments, and (1)
24the nonminor’s agreement to participate in the filing of a petition
25for juvenile court jurisdiction as a nonminor dependent pursuant
26to subdivision (e) of Section 388 within 15 judicial days of the
27signing of the agreement and the placing agency’s efforts and
28supportive services to assist the nonminor in the reentry process,
29or (2) if the nonminor meets the definition of a nonminor former
30dependent or ward, as described in subdivision (aa), the nonminor’s
31agreement to return to the care and support of his or her former
32juvenile court-appointed guardian and meet the eligibility criteria
33for AFDC-FC pursuant to subdivision (e) of Section 11405.
34(aa) “Nonminor former dependent or ward” means, on and after
35January 1, 2012, either of the following:
36(1) A nonminor who reached 18 years of age while subject to
37an order for foster care placement, and for whom dependency,
38delinquency, or transition jurisdiction has been terminated, and
39who is still under the general jurisdiction of the court.
P21 1(2) A nonminor who is over 18 years of age and, while a minor,
2was a dependent child or ward of the juvenile court when the
3guardianship was established pursuant to Section 360 or 366.26,
4or subdivision (d), of Section 728 and the juvenile court
5dependency or wardship was dismissed following the establishment
6of the guardianship.
(a) It is the intent of the Legislature to exercise the
13option afforded states under Section 475(8) (42 U.S.C. Sec.
14675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
15federal Social Security Act, as contained in the federal Fostering
16Connections to Success and Increasing Adoptions Act of 2008
17(Public Law 110-351), to receive federal financial participation
18for nonminor dependents of the juvenile court who satisfy the
19conditions of subdivision (b), consistent with their transitional
20independent living case plan. Effective January 1, 2012, these
21nonminor dependents shall be eligible to receive support up to 19
22years of age, effective January 1, 2013, up to 20 years of age, and
23effective January 1, 2014, up to 21 years of age, consistent with
24their transitional independent living case plan and as described in
25 Section 10103.5. It is the intent of the Legislature both at the time
26of initial determination of the nonminor dependent’s eligibility
27and throughout the time the nonminor dependent is eligible for aid
28pursuant to this section, that the social worker or probation officer
29or Indian tribal placing entity and the nonminor dependent shall
30work together to ensure the nonminor dependent’s ongoing
31eligibility. All case planning shall be a collaborative effort between
32the nonminor dependent and the social worker, probation officer,
33or Indian tribe, with the nonminor dependent assuming increasing
34levels of responsibility and independence.
35(b) A nonminor dependent receiving aid pursuant to this chapter,
36who satisfies the age criteria set forth in subdivision (a), shall meet
37the legal authority for placement and care by being under a foster
38care placement order by the juvenile court, or the voluntary reentry
39agreement as set forth in subdivision (z) of Section 11400, and is
40otherwise eligible for AFDC-FC payments pursuant to Section
P22 111401. A nonminor who satisfies the age criteria set forth in
2subdivision (a), and who is otherwise eligible, shall continue to
3receive CalWORKs payments pursuant to Section 11253 or, as a
4nonminor former dependent or ward, aid pursuant to Kin-GAP
5under Article 4.5 (commencing with Section 11360) or Article 4.7
6(commencing with Section 11385) or adoption assistance payments
7as specified in Chapter 2.1 (commencing with Section 16115) of
8Part 4. Effective January 1, 2012, a nonminor former dependent
9child or ward of the juvenile court who is receiving AFDC-FC
10benefits pursuant to Section 11405 and who satisfies the criteria
11set forth in subdivision (a) shall be eligible to continue to receive
12aid as long as the nonminor is otherwise eligible for AFDC-FC
13benefits under this subdivision. This subdivision shall apply when
14one or more of the following conditions exist:
15(1) The nonminor is completing secondary education or a
16program leading to an equivalent credential.
17(2) The nonminor is enrolled in an institution which provides
18postsecondary or vocational education.
19(3) The nonminor is participating in a program or activity
20designed to promote, or remove barriers to employment.
21(4) The nonminor is employed for at least 80 hours per month.
22(5) The nonminor is incapable of doing any of the activities
23described in subparagraphs (1) to (4), inclusive, due to a medical
24condition, and that incapability is supported by regularly updated
25information in the case plan of the nonminor. The requirement to
26update the case plan under this section shall not apply to nonminor
27former dependents or wards in receipt of Kin-GAP program or
28Adoption Assistance Program payments.
29(c) The county child welfare or probation department, Indian
30tribe, consortium of tribes, or tribal organization that has entered
31into an agreement pursuant to Section 10553.1, shall work together
32with a nonminor dependent who is in foster care on his or her 18th
33birthday and thereafter or a nonminor former dependent receiving
34aid pursuant to Section 11405, to satisfy one or more of the
35conditions described in paragraphs (1) to (5), inclusive, of
36subdivision (b) and shall certify the nonminor’s applicable
37condition or conditions in the nonminor’s six-month transitional
38independent living case plan update, and provide the certification
39to the eligibility worker and to the court at each six-month case
40plan review hearing for the nonminor dependent. Relative
P23 1guardians who receive Kin-GAP payments and adoptive parents
2who receive adoption assistance payments shall be responsible for
3reporting to the county welfare agency that the nonminor does not
4satisfy at least one of the conditions described in subdivision (b).
5The social worker, probation officer, or tribal entity shall verify
6and obtain assurances that the nonminor dependent continues to
7satisfy at least one of the conditions in paragraphs (1) to (5),
8inclusive, of subdivision (b) at each six-month transitional
9independent living case plan update. The six-month case plan
10update shall certify the nonminor’s eligibility pursuant to
11subdivision (b) for the next six-month period. During the six-month
12certification period, the payee and nonminor shall report any
13change in placement or other relevant changes in circumstances
14that may affect payment. The nonminor dependent, or nonminor
15former dependent receiving aid pursuant to subdivision (e) of
16Section 11405, shall be informed of all due process requirements,
17in accordance with state and federal law, prior to an involuntary
18termination of aid, and shall simultaneously be provided with a
19written explanation of how to exercise his or her due process rights
20and obtain referrals to legal assistance. Any notices of action
21regarding eligibility shall be sent to the nonminor dependent or
22former dependent, his or her counsel, as applicable, and the placing
23worker, in addition to any other payee. Payments of aid pursuant
24to Kin-GAP under Article 4.5 (commencing with Section 11360)
25or Article 4.7 (commencing with Section 11385), adoption
26assistance payments as specified in Chapter 2.1 (commencing with
27Section 16115) of Part 4, or aid pursuant to subdivision (e) of
28Section 11405 that are made on behalf of a nonminor former
29dependent shall terminate subject to the terms of the agreements.
30Subject to federal approval of amendments to the state plan, aid
31payments may be suspended and resumed based on changes of
32circumstances that affect eligibility. Nonminor former dependents,
33as identified in paragraph (2) of subdivision (aa) of Section 11400,
34are not eligible for reentry under subdivision (e) of Section 388 as
35 nonminor dependents under the jurisdiction of the juvenile court.
5Nonminor former dependents requesting the resumption of
6AFDC-FC payments pursuant to subdivision (e) of Section 11405
7shall complete the applicable portions of the voluntary reentry
8agreement, as described in subdivision (z) of Section 11400.
9(d) A nonminor dependent may receive all of the payment
10directly provided that the nonminor is living independently in a
11supervised placement, as described in subdivision (w) of Section
1211400, and that both the youth and the agency responsible for the
13foster care placement have signed a mutual agreement, as defined
14in subdivision (u) of Section 11400, if the youth is capable of
15making an informed agreement, that documents the continued need
16for supervised out-of-home placement, and the nonminor’s and
17social worker’s or probation officer’s agreement to work together
18to facilitate implementation of the mutually developed supervised
19placement agreement and transitional independent living case plan.
20(e) Eligibility for aid under this section shall not terminate until
21the nonminor dependent attains the age criteria, as set forth in
22subdivision (a), but aid may be suspended when the nonminor
23dependent no longer resides in an eligible facility, as described in
24Section 11402, or is otherwise not eligible for AFDC-FC benefits
25under Section 11401, or terminated at the request of the nonminor,
26or after a court terminates dependency jurisdiction pursuant to
27Section 391, delinquency jurisdiction pursuant to Section 607.2,
28or transition jurisdiction pursuant to Section 452. AFDC-FC
29benefits to nonminor dependents, may be resumed at the request
30of the nonminor by completing a voluntary reentry agreement
31pursuant to subdivision (z) of Section 11400, before or after the
32filing of a petition filed pursuant to subdivision (e) of Section 388
33after a court terminates dependency or transitional jurisdiction
34pursuant to Section 391, or delinquency jurisdiction pursuant to
35Section 607.2. The county welfare or probation department or
36Indian tribal entity that has entered into an agreement pursuant to
37Section 10553.1 shall complete the voluntary reentry agreement
38with the nonminor who agrees to satisfy the criteria of the
39agreement, as described in subdivision (z) of Section 11400. The
40county welfare department or tribal entity shall establish a new
P25 1child-only Title IV-E eligibility determination based on the
2nonminor’s completion of the voluntary reentry agreement pursuant
3to Section 11401. The beginning date of aid for either federal or
4state AFDC-FC for a reentering nonminor who is placed in foster
5care is the date the voluntary reentry agreement is signed or the
6nonminor is placed, whichever is later. The county welfare
7department, county probation department, or tribal entity shall
8provide a nonminor dependent who wishes to continue receiving
9aid with the assistance necessary to meet and maintain eligibility.
10(f) (1) The county having jurisdiction of the nonminor
11dependent shall remain the county of payment under this section
12regardless of the youth’s physical residence. Nonminor former
13dependents receiving aid pursuant to subdivision (e) of Section
1411405 shall be paid by their county of residence. Counties may
15develop courtesy supervision agreements to provide case
16management and independent living services by the county of
17residence pursuant to the nonminor dependent’s transitional
18independent living case plan. Placements made out of state are
19subject to the applicable requirements of the Interstate Compact
20on Placement of Children, pursuant to Part 5 (commencing with
21Section 7900) of Division 12 of the Family Code.
22(2) The county welfare department, county probation
23department, or tribal entity shall notify all foster youth who attain
2416 years of age and are under the jurisdiction of that county or
25tribe, including those receiving Kin-GAP, and AAP, of the
26existence of the aid prescribed by this section.
27(3) The department shall seek any waiver to amend its Title
28IV-E State Plan with the Secretary of the United States Department
29of Health and Human Services necessary to implement this section.
30(g) (1) Subject to paragraph (3), a county shall pay the
31nonfederal share of the cost of extending aid pursuant to this
32section to eligible nonminor dependents who have reached 18
33years of age and who are under the jurisdiction of the county,
34including AFDC-FC payments pursuant to Section 11401, aid
35pursuant to Kin-GAP under Article 4.7 (commencing with Section
3611385), adoption assistance payments as specified in Chapter 2.1
37(commencing with Section 16115) of Part 4, and aid pursuant to
38Section 11405 for nonminor dependents who are residing in the
39county as provided in paragraph (1) of subdivision (f). A county
40shall contribute to the CalWORKs payments pursuant to Section
P26 111253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
2with Section 11360) at the statutory sharing ratios in effect on
3January 1, 2012.
4(2) Subject to paragraph (3), a county shall pay the nonfederal
5share of the cost of providing permanent placement services
6pursuant to subdivision (c) of Section 16508 and administering
7the Aid to Families with Dependent Children Foster Care program
8pursuant to Section 15204.9. For purposes of budgeting, the
9department shall use a standard for the permanent placement
10services that is equal to the midpoint between the budgeting
11standards for family maintenance services and family reunification
13(3) (A) (i) Notwithstanding any other provision of law, a
14county’s required total contribution pursuant to paragraphs (1) and
15(2), excluding costs incurred pursuant to Section 10103.5, shall
16not exceed the amount of savings in Kin-GAP assistance grant
17expenditures realized by the county from the receipt of federal
18funds due to the implementation of Article 4.7 (commencing with
19Section 11385), and the amount of funding specifically included
20in the Protective Services Subaccount within the Support Services
21Account within the Local Revenue Fund 2011, plus any associated
22growth funding from the Support Services Growth Subaccount
23within the Sales and Use Tax Growth Account to pay the costs of
24extending aid pursuant to this section.
25(ii) A county, at its own discretion, may expend additional funds
26beyond the amounts identified in clause (i). These additional
27amounts shall not be included in any cost and savings calculations
28or comparisons performed pursuant to this section.
29(B) Beginning in the 2011-12 fiscal year, and for each fiscal
30year thereafter, funding and expenditures for programs and
31activities under this section shall be in accordance with the
32requirements provided in Sections 30025 and 30026.5 of the
33 Government Code. In addition, the following are available to the
34counties for the purpose of funding costs pursuant to this section:
35(i) The savings in Kin-GAP assistance grant expenditures
36realized from the receipt of federal funds due to the implementation
37of Article 4.7 (commencing with Section 11385).
38(ii) The savings realized from the change in federal funding for
39adoption assistance resulting from the enactment of Public Law
40110-351 and consistent with subdivision (d) of Section 16118.
P27 1(4) (A) The limit on the county’s total contribution pursuant to
2paragraph (3) shall be assessed by the State Department of Social
3Services, in conjunction with the California State Association of
4Counties, in 2015-16, to determine if it shall be removed. The
5assessment of the need for the limit shall be based on a
6determination on a statewide basis of whether the actual county
7costs of providing extended care pursuant to this section, excluding
8costs incurred pursuant to Section 10103.5, are fully funded by
9the amount of savings in Kin-GAP assistance grant expenditures
10realized by the counties from the receipt of federal funds due to
11the implementation of Article 4.7 (commencing with Section
1211385) and the amount of funding specifically included in the
13Protective Services Subaccount within the Support Services
14Account within the Local Revenue Fund 2011 plus any associated
15growth funding from the Support Services Growth Subaccount
16within the Sales and Use Tax Growth Account to pay the costs of
17extending aid pursuant to this section.
18(B) If the assessment pursuant to subparagraph (A) shows that
19the statewide total costs of extending aid pursuant to this section,
20excluding costs incurred pursuant to Section 10103.5, are fully
21funded by the amount of savings in Kin-GAP assistance grant
22expenditures realized by the counties from the receipt of federal
23funds due to the implementation of Article 4.7 (commencing with
24Section 11385) and the amount of funding specifically included
25in the Protective Services Subaccount within the Support Services
26Account within the Local Revenue Fund 2011 plus any associated
27growth funding from the Support Services Growth Subaccount
28within the Sales and Use Tax Growth Account to pay the costs of
29extending aid pursuant to this section, the Department of Finance
30shall certify that fact, in writing, and shall post the certification on
31its Internet Web site, at which time subparagraph (A) of paragraph
32(3) shall no longer be implemented.
33(h) It is the intent of the Legislature that no county currently
34participating in the Child Welfare Demonstration Capped
35Allocation Project be adversely impacted by the department’s
36exercise of its option to extend foster care benefits pursuant to
37Section 673(a)(4) and Section 675(8) of Title 42 of the United
38States Code in the federal Social Security Act, as contained in the
39federal Fostering Connections to Success and Increasing Adoptions
40Act of 2008 (Public Law 110-351). Therefore, the department shall
P28 1negotiate with the United States Department of Health and Human
2Services on behalf of those counties that are currently participating
3in the demonstration project to ensure that those counties receive
4reimbursement for these new programs outside of the provisions
5of those counties’ waiver under Subtitle IV-E (commencing with
6Section 470) of the federal Social Security Act (42 U.S.C. Sec.
7670 et seq.).
8(i) The department, on or before July 1, 2013, shall develop
9regulations to implement this section in consultation with
10concerned stakeholders, including, but not limited to,
11representatives of the Legislature, the County Welfare Directors
12Association, the Chief Probation Officers of California, the Judicial
13Council, representatives of Indian tribes, the California Youth
14Connection, former foster youth, child advocacy organizations,
15labor organizations, juvenile justice advocacy organizations, foster
16caregiver organizations, and researchers. In the development of
17these regulations, the department shall consider its Manual of
18Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
19and 917, as guidelines for developing regulations that are
20appropriate for young adults who can exercise incremental
21responsibility concurrently with their growth and development.
22The department, in its consultation with stakeholders, shall take
23into consideration the impact to the Automated Child Welfare
24Services Case Management Services (CWS-CMS) and required
25modifications needed to accommodate eligibility determination
26under this section, benefit issuance, case management across
27counties, and recognition of the legal status of nonminor
28dependents as adults, as well as changes to data tracking and
29reporting requirements as required by the Child Welfare System
30Improvement and Accountability Act as specified in Section
3110601.2, and federal outcome measures as required by the federal
32John H. Chafee Foster Care Independence Program (42 U.S.C.
33Sec. 677(f)). In addition, the department, in its consultation with
34stakeholders, shall define the supervised independent living setting
35which shall include, but not be limited to, apartment living, room
36and board arrangements, college or university dormitories, and
37shared roommate settings, and define how those settings meet
38health and safety standards suitable for nonminors. The department,
39in its consultation with stakeholders, shall define the six-month
40certification of the conditions of eligibility pursuant to subdivision
P29 1(b) to be consistent with the flexibility provided by federal policy
2guidance, to ensure that there are ample supports for a nonminor
3to achieve the goals of his or her transition independent living case
4plan. The department, in its consultation with stakeholders, shall
5ensure that notices of action and other forms created to inform the
6nonminor of due process rights and how to access them shall be
7developed, using language consistent with the special needs of the
8nonminor dependent population.
9(j) Notwithstanding the Administrative Procedure Act, Chapter
103.5 (commencing with Section 11340) of Part 1 of Division 3 of
11Title 2 of the Government Code, the department shall prepare for
12implementation of the applicable provisions of this section by
13publishing, after consultation with the stakeholders listed in
14subdivision (i), all-county letters or similar instructions from the
15director by October 1, 2011, to be effective January 1, 2012.
16Emergency regulations to implement the applicable provisions of
17this act may be adopted by the director in accordance with the
18Administrative Procedure Act. The initial adoption of the
19emergency regulations and one readoption of the emergency
20regulations shall be deemed to be an emergency and necessary for
21the immediate preservation of the public peace, health, safety, or
22general welfare. Initial emergency regulations and the first
23readoption of those emergency regulations shall be exempt from
24review by the Office of Administrative Law. The emergency
25regulations authorized by this section shall be submitted to the
26Office of Administrative Law for filing with the Secretary of State
27and shall remain in effect for no more than 180 days.
28(k) This section shall become operative on January 1, 2012.
(a) Except for nonminors described in paragraph (2)
32of subdivision (e), AFDC-FC benefits shall
33be paid to an otherwise eligible child living with a nonrelated legal
34guardian, provided that the legal guardian cooperates with the
35county welfare department in all of the following:
36(1) Developing a written assessment of the child’s needs.
37(2) Updating the assessment no less frequently than once every
39(3) Carrying out the case plan developed by the county.
P30 1(b) Except for nonminors described in paragraph (2) of
2subdivision (e), when AFDC-FC is applied
3for on behalf of a child living with a nonrelated legal guardian the
4county welfare department shall do all of the following:
5(1) Develop a written assessment of the child’s needs.
6(2) Update those assessments no less frequently than once every
8(3) Develop a case plan that specifies how the problems
9identified in the assessment are to be addressed.
10(4) Make visits to the child as often as appropriate, but in no
11event less often than once every six months.
12(c) Where the child is a parent and has a child living with him
13or her in the same eligible facility, the assessment required by
14paragraph (1) of subdivision (a) shall include the needs of his or
16(d) Nonrelated legal guardians of eligible children who are in
17receipt of AFDC-FC payments described in this section shall be
18exempt from the requirement to register with the Statewide
19Registry of Private Professional Guardians pursuant to Sections
202850 and 2851 of the Probate Code.
21(e) (1) On and after January 1, 2012, a nonminor youth whose
22nonrelated guardianship was ordered in juvenile court pursuant to
23Section 360 or 366.26, and whose dependency was dismissed,
24shall remain eligible for AFDC-FC benefits until the youth attains
2519 years of age, effective January 1, 2013, until the youth attains
2620 years of age, and effective January 1, 2014, until the youth
27attains 21 years of age, provided that the youth enters into a mutual
28agreement with the agency responsible for his or her guardianship,
29and the youth is meeting the conditions of eligibility, as described
30in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
32(2) A nonminor former dependent or ward as defined in
33paragraph (2) of subdivision (aa) of Section 11400 shall be eligible
34for benefits under this section until the youth attains 21 years of
35age if all of the following conditions are met:
36(A) The nonminor former dependent or ward attained 18 years
37of age while in receipt of Kin-GAP benefits pursuant to Article
384.7 (commencing with Section 11385).
P31 1(B) The nonminor’s relationship to the kinship guardian is
2defined in paragraph (2), (3), or (4) of subdivision (c) of Section
4(C) The nonminor
begin delete whoend delete was under 16 years of age at the time
5the Kin-GAP negotiated agreement payments commenced.
6(D) The guardian continues to be responsible for the support of
8(E) The nonminor otherwise is meeting the conditions of
9eligibility, as described in paragraphs (1) to (5), inclusive, of
10subdivision (b) of Section 11403.
11(f) On or after January 1, 2012, a child whose nonrelated
12guardianship was ordered in probate court pursuant Article 2
13(commencing with Section 1510) of Chapter 1 of Part 2 of Division
144 of the Probate Code, who is attending high school or the
15equivalent level of vocational or technical training on a full-time
16basis, or who is in the process of pursuing a high school
17equivalency certificate prior to his or her 18th birthday may
18continue to receive aid following his or her 18th birthday as long
19as the child continues to reside in the guardian’s home, remains
20otherwise eligible for AFDC-FC benefits and continues to attend
21high school or the equivalent level of vocational or technical
22training on a full-time basis, or continues to pursue a high school
23equivalency certificate, and the child may reasonably be expected
24to complete the educational or training program or to receive a
25high school equivalency certificate, before his or her 19th birthday.
26Aid shall be provided to an individual pursuant to this section
27provided that both the individual and the agency responsible for
28the foster care placement have signed a mutual agreement, if the
29individual is capable of making an informed agreement,
30documenting the continued need for out-of-home placement.
31(g) (1) For cases in which a guardianship was established on
32or before June 30, 2011, or the date specified in a final order, for
33which the time for appeal has passed, issued by a court of
34competent jurisdiction in California State Foster Parent
35Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct.
36No. C 07-05086 WHA), whichever is earlier, the AFDC-FC
37payment described in this section shall be the foster family home
38rate structure in effect prior to the effective date specified in the
39order described in this paragraph.
P32 1(2) For cases in which guardianship has been established on or
2after July 1, 2011, or the date specified in the order described in
3paragraph (1), whichever is earlier, the AFDC-FC payments
4described in this section shall be the basic foster family home rate
5set forth in paragraph (1) of subdivision (g) of Section 11461.
6(3) Beginning with the 2011-12 fiscal year, the AFDC-FC
7payments identified in this subdivision shall be adjusted annually
8by the percentage change in the California Necessities Index rate
9as set forth in paragraph (2) of subdivision (g) of Section 11461.
10(h) In addition to the AFDC-FC rate paid, all of the following
11also shall be paid:
12(1) A specialized care increment, if applicable, as set forth in
13subdivision (e) of Section 11461.
14(2) A clothing allowance, as set forth in subdivision (f) of
16(3) For a child eligible for an AFDC-FC payment who is a teen
17parent, the rate shall include the two hundred dollar ($200) monthly
18payment made to the relative caregiver in a whole family foster
19home pursuant to paragraph (3) of subdivision (d) of Section
A child shall be eligible for Adoption Assistance
24Program benefits if all of the conditions specified in subdivisions
25(a) to (l), inclusive, are met or if the conditions specified in
26subdivision (m) are met.
27(a) It has been determined that the child cannot or should not
28be returned to the home of his or her parents as evidenced by a
29petition for termination of parental rights, a court order terminating
30parental rights, or a signed relinquishment, or, in the case of a
31tribal customary adoption, if the court has given full faith and
32credit to a tribal customary adoption order as provided for pursuant
33to paragraph (2) of subdivision (e) of Section 366.26, or, in the
34case of a nonminor dependent the court has dismissed dependency
35or transitional jurisdiction subsequent to the approval of the
36nonminor dependent, adoption petition pursuant to subdivision (f)
37of Section 366.31.
38(b) The child has at least one of the following characteristics
39that are barriers to his or her adoption:
P33 1(1) Adoptive placement without financial assistance is unlikely
2because of membership in a sibling group that should remain intact
3or by virtue of race, ethnicity, color, language, age of three years
4or older, or parental background of a medical or behavioral nature
5that can be determined to adversely affect the development of the
7(2) Adoptive placement without financial assistance is unlikely
8because the child has a mental, physical, emotional, or medical
9disability that has been certified by a licensed professional
10competent to make an assessment and operating within the scope
11of his or her profession. This paragraph shall also apply to children
12with a developmental disability, as defined in subdivision (a) of
13Section 4512, including those determined to require out-of-home
14nonmedical care, as described in Section 11464.
15(c) The need for an adoption subsidy is evidenced by an
16unsuccessful search for an adoptive home to take the child without
17financial assistance, as documented in the case file of the
18prospective adoptive child. The requirement for this search shall
19be waived when it would be against the best interest of the child
20because of the existence of significant emotional ties with
21prospective adoptive parents while in the care of these persons as
22a foster child.
23(d) The child satisfies any of the following criteria:
24(1) He or she is under 18 years of age.
25(2) He or she is under 21 years of age and has a mental or
26physical handicap that warrants the continuation of assistance.
27(3) Effective January 1, 2012, he or she is under 19 years of
28age, effective January 1, 2013, he or she is under 20 years of age,
29and effective January 1, 2014, he or she is under 21 years of age
30and as described in Section 10103.5, and has attained 16 years of
31age before the adoption assistance agreement became effective,
32and one or more of the conditions specified in paragraphs (1) to
33(5), inclusive, of subdivision (b) of Section 11403 applies.
34(e) The adoptive family is responsible for the child pursuant to
35the terms of an adoptive placement agreement or a final decree of
36adoption and has signed an adoption assistance agreement.
37(f) The adoptive family is legally responsible for
the support of
38the child and the child is receiving support from the adoptive
P34 1(g) The department or the county responsible for determining
2the child’s Adoption Assistance Program eligibility status and for
3providing financial aid, and the prospective adoptive parent, prior
4to or at the time the adoption decree is issued by the court, have
5signed an adoption assistance agreement that stipulates the need
6for, and the amount of, Adoption Assistance Program benefits.
7(h) The prospective adoptive parent or any adult living in the
8prospective adoptive home has completed the criminal background
9check requirements pursuant to Section 671(a)(20)(A) and (C) of
10Title 42 of the United States Code.
11(i) To be eligible for state funding, the child is the subject of an
12agency adoption, as defined in Section 8506 of the Family Code,
13and was any of the following:
14(1) Under the supervision of a county welfare department as
15the subject of a legal guardianship or juvenile court dependency.
16(2) Relinquished for adoption to a licensed California private
17or public adoption agency, or another public agency operating a
18Title IV-E program on behalf of the state, and would have
19otherwise been at risk of dependency as certified by the responsible
20public child welfare agency.
21(3) Committed to the care of the department pursuant to Section
228805 or 8918 of the Family Code.
23(4) The child is an Indian child and the subject of an order of
24adoption based on tribal customary adoption of an Indian child,
25as described in Section 366.24. Notwithstanding Section 8600.5
26of the Family Code, for purposes of this subdivision a tribal
27customary adoption shall be considered an agency adoption.
28(j) To be eligible for federal funding, in the case of a child who
29is not an applicable child for the federal fiscal year as defined in
30subdivision (n), the child satisfies any of the following criteria:
31(1) Prior to the finalization of an agency adoption, as defined
32in Section 8506 of the Family Code, or an independent adoption,
33as defined in Section 8524 of the Family Code, is filed, the child
34has met the requirements to receive federal supplemental security
35income benefits pursuant to Subchapter 16 (commencing with
36Section 1381) of Chapter 7 of Title 42 of the United States Code,
37as determined and documented by the federal Social Security
39(2) The child was removed from the home of a specified relative
40 and the child would have been AFDC eligible in the home of
P35 1removal according to Section 606(a) or 607 of Title 42 of the
2United States Code, as those sections were in effect on July 16,
31996, in the month of the voluntary placement agreement or in the
4month court proceedings are initiated to remove the child, resulting
5in a judicial determination that continuation in the home would be
6contrary to the child’s welfare. The child must have been living
7with the specified relative from whom he or she was removed
8within six months of the month the voluntary placement agreement
9was signed or the petition to remove was filed.
10(3) The child was voluntarily relinquished to a licensed public
11or private adoption agency, or another public agency operating a
12Title IV-E program on behalf of the state, and there is a petition
13to the court to remove the child from the home within six months
14of the time the child lived with a specified relative and a subsequent
15 judicial determination that remaining in the home would be
16contrary to the child’s welfare.
17(4) Title IV-E foster care maintenance was paid on behalf of
18the child’s minor parent and covered the cost of the minor parent’s
19child while the child was in the foster family home or child care
20institution with the minor parent.
21(5) The child is an Indian child and the subject of an order of
22adoption based on tribal customary adoption of an Indian child,
23as described in Section 366.24.
24(k) To be eligible for federal funding, in the case of a child who
25is an applicable child for the federal fiscal year, as defined in
26subdivision (n), the child meets any of the following criteria:
27(1) At the time of initiation of adoptive proceedings was in the
28care of a public or licensed private child placement agency or
29Indian tribal organization pursuant to either of the following:
30(A) An involuntary removal of the child from the home in
31accordance with a judicial determination to the effect that
32continuation in the home would be contrary to the welfare of the
34(B) A voluntary placement agreement or a voluntary
36(2) He or she meets all medical or disability requirements of
37Title XVI with respect to eligibility for supplemental security
39(3) He or she was residing in a foster family home or a child
40care institution with the child’s minor parent, and the child’s minor
P36 1parent was in the foster family home or child care institution
2pursuant to either of the following:
3(A) An involuntary removal of the child from the home in
4accordance with a judicial determination to the effect that
5continuation in the home would be contrary to the welfare of the
7(B) A voluntary placement agreement or voluntary
9(4) The child is an Indian child and the subject of an order of
10adoption based on tribal customary adoption of an Indian child,
11as described in Section 366.24.
12(5) The nonminor dependent, as described in subdivision (v) of
13Section 11400, is the subject of an adoption pursuant to subdivision
14(f) of Section 366.31.
15(l) The child is a citizen of the United States or a qualified alien
16as defined in Section 1641 of Title 8 of the United States Code. If
17the child is a qualified alien who entered the United States on or
18after August 22, 1996, and is placed with an unqualified alien, the
19child must meet the five-year residency requirement pursuant to
20Section 673(a)(2)(B) of Title 42 of the United States Code, unless
21the child is a member of one of the excepted groups pursuant to
22Section 1612(b) of Title 8 of the United States Code.
23(m) A child shall be eligible for Adoption
24Assistance Program benefits if the following conditions are met:
25(1) The child received Adoption Assistance
26Program benefits with respect to a prior adoption and the child is again available for adoption because the prior adoption
28was dissolved and the parental rights of the adoptive parents were
29terminated or because the child’s adoptive parents
30died and the child meets the special needs criteria
31described in subdivisions (a) to (c), inclusive.
36(2) To receive federal funding, the citizenship requirements in
38(n) (1) Except as provided in this subdivision, “applicable child”
39means a child for whom an adoption assistance agreement is
40entered into under this section during any federal fiscal year
P37 1described in this subdivision if the child attained the applicable
2age for that federal fiscal year before the end of that federal fiscal
4(A) For federal fiscal year 2010, the applicable age is 16 years.
5(B) For federal fiscal year 2011, the applicable age is 14 years.
6(C) For federal fiscal year 2012, the applicable age is 12 years.
7(D) For federal fiscal year 2013, the applicable age is 10 years.
8(E) For federal fiscal year 2014, the applicable age is eight years.
9(F) For federal fiscal year 2015, the applicable age is six years.
10(G) For federal fiscal year 2016, the applicable age is four years.
11(H) For federal fiscal year 2017, the applicable age is two years.
12(I) For federal fiscal year 2018 and thereafter, any age.
13(2) Beginning with the 2010 federal fiscal year, the term
14“applicable child” shall include a child of any age on the date on
15which an adoption assistance agreement is entered into on behalf
16of the child under this section if the child meets both of the
18(A) He or she has been in foster care under the responsibility
19of the state for at least 60 consecutive months.
20(B) He or she meets the requirements of subdivision (k).
21(3) Beginning with the 2010 federal fiscal year, an applicable
22child shall include a child of any age on the date that an adoption
23assistance agreement is entered into on behalf of the child under
24this section, without regard to whether the child is described in
25paragraph (2), if the child meets all of the following criteria:
26(A) He or she is a sibling of a child who is an applicable child
27for the federal fiscal year, under subdivision (n) or paragraph (2).
28(B) He or she is to be placed in the same adoption placement
29as an “applicable child” for the federal fiscal year who is their
31(C) He or she meets the requirements of subdivision (k).
It is the intent of the Legislature to enact
38legislation that would enhance the delivery of services for
39nonminor dependent foster youth who are eligible to receive federal
P38 1financial assistance through the federal Fostering Connections to
2Success and Increasing Adoptions Act of 2008.