BILL NUMBER: AB 787 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Stone
FEBRUARY 21, 2013
An act to amend Sections 388, 727, 11363, 11400, 11403,
11405, and 16120 of the Welfare and Institutions Code,
relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 787, as amended, Stone. Foster care.
(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.
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.
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.
(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.
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.
(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.
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.
(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.
This bill would make those benefits available to nonminors.
(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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 388 of the Welfare
and Institutions Code is amended to read:
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) (A) 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.
(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:
(i) He or she attained 18 years of age while subject to an order
for foster care placement.
(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.
(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.
(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.
(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.
SEC. 2. Section 727 of the Welfare and
Institutions Code is amended to read:
727. (a) (1) If a minor or nonminor 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 or nonminor , 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 or nonminor 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
or nonminor 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 or nonminor to be under the
supervision of the probation officer who may place the minor or
nonminor 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.
SEC. 3. Section 11363 of the Welfare
and Institutions Code is amended to read:
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403, who satisfies all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (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. 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.
SEC. 4. Section 11400 of the Welfare
and Institutions Code is amended to read:
11400. For the purposes of this article, the following
definitions shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) (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 is
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.
(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.
SEC. 5. Section 11403 of the Welfare
and Institutions Code is amended to read:
11403. (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal
Social Security Act, as contained in the 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
, 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 recei ving 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 . 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.
SEC. 6. Section 11405 of the Welfare
and Institutions Code is amended to read:
11405. (a) Except for nonminors described in paragraph (2) of
subdivision (e) and in subdivision (f) , 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) and in subdivision (f) , 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 who 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.
SEC. 7. Section 16120 of the Welfare
and Institutions Code is amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26, 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 or nonminor shall be eligible for Adoption
Assistance Program benefits if the following conditions are met:
(1) The child or nonminor received Adoption Assistance
Program benefits with respect to a prior adoption and the child
or nonminor 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 or nonminor's
adoptive parents died and the child or nonminor
meets the special needs criteria described in subdivisions (a) to
(c), inclusive. 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.
(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).
SEC. 8. 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.
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.