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
begin delete transition courtend delete
jurisdiction over a nonminor former dependent child of the juvenile court and to assume or resume begin delete dependencyend delete 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
(a) If a review hearing is the last review hearing to be
4held before the minor attains 18 years of age, the court shall ensure
5all of the following:
6(1) The minor’s case plan includes a plan for the minor to satisfy
7one or more of the participation conditions described in paragraphs
8(1) to (5), inclusive, of subdivision (b) of Section 11403, so that
9the minor is eligible to remain in foster care as a nonminor
11(2) The minor has been informed of his or her right to seek
12termination of dependency jurisdiction pursuant to Section 391,
13and understands the potential benefits of continued dependency.
14(3) The minor is informed of
his or her right to have dependency
15reinstated pursuant to subdivision (e) of Section 388, and
16understands the potential benefits of continued dependency.
P4 1(b) At the review hearing that occurs in the six-month period
2prior to the minor’s attaining 18 years of age, and at every
3subsequent review hearing for the nonminor dependent, as
4described in subdivision (v) of Section 11400, the report shall
5describe all of the following:
6(1) The minor’s and nonminor’s plans to remain in foster care
7and plans to meet one or more of the participation conditions as
8described in paragraphs (1) to (5), inclusive, of subdivision (b) of
9Section 11403 to continue to receive AFDC-FC benefits as a
11(2) The efforts made and assistance provided to the minor and
12nonminor by the social worker or the probation officer so that the
13minor and nonminor will be able to meet the participation
15(3) Efforts toward completing the items described in paragraph
16(2) of subdivision (e) of Section 391.
17(c) The reviews conducted pursuant to this section for any
18nonminor dependent shall be conducted in a manner that respects
19the nonminor’s status as a legal adult, focused on the goals and
20services described in the youth’s transitional independent living
21case plan, as described in subdivision (y) of Section 11400,
22including efforts made to maintain connections with caring and
23permanently committed adults, and attended, as appropriate, by
24additional participants invited by the nonminor dependent.
25(d) For a nonminor dependent whose case plan is continued
26court-ordered family reunification services pursuant to Section
27361.6, the court shall consider whether the nonminor dependent
28may safely reside in the home of the parent or guardian. If the
29nonminor cannot reside safely in the home of the parent or
30guardian, or, if it is not in the nonminor dependent’s best interest
31to reside in the home of the parent or guardian, the court must
32consider whether to continue or terminate reunification services
33for the parent or legal guardian.
34(1) The review report shall include a discussion of all of the
36(A) Whether foster care placement continues to be necessary
38(B) The likely date by which the nonminor dependent may reside
39safely in the home of the parent or guardian or will achieve
P5 1(C) Whether the parent or guardian and nonminor dependent
2were actively involved in the development of the case plan.
3(D) Whether the social worker or probation officer has provided
4reasonable services designed to aid the parent or guardian to
5overcome the problems that led to the initial removal of the
7(E) The extent of progress the parents or guardian have made
8toward alleviating or mitigating the
begin delete casesend delete necessitating
9placement in foster care.
10(F) Whether the nonminor dependent and parent, parents, or
11guardian are in agreement with the continuation of reunification
13(G) Whether continued
reunification services are in the best
14interest of the nonminor dependent.
15(H) Whether there is a substantial probability that the nonminor
16dependent will be able to safely reside in the home of the parent
17or guardian by the next review hearing date.
18(I) The efforts to maintain the nonminor’s connections with
19caring and permanently committed adults.
20(J) The agency’s compliance with the nonminor dependent’s
21Transitional Independent Living Case Plan, including efforts to
22finalize the nonminor’s permanent plan and prepare the nonminor
23dependent for independence.
24(K) The progress in providing the information and documents
25to the nonminor dependent as described in Section 391.
26(2) The court
shall inquire about the progress being made to
27provide a permanent home for the nonminor, shall consider the
28safety of the nonminor dependent, and shall determine all of the
30(A) The continuing necessity for, and appropriateness of, the
32(B) Whether the agency has made reasonable efforts to maintain
33relationships between the nonminor dependent and individuals
34who are important to the nonminor dependent.
35(C) The extent of the agency’s compliance with the case plan
36in making reasonable efforts, or, in the case of an Indian child,
37active efforts as described in Section 361.7, to create a safe home
38of the parent or guardian for the nonminor to reside in or to
39complete whatever steps are necessary to finalize the permanent
40placement of the nonminor dependent.
P6 1(D) The extent of the agency’s compliance with the nonminor
2dependent’s Transitional Independent Living Case Plan, including
3efforts to finalize the youth’s permanent plan and prepare the
4nonminor dependent for independence.
5(E) The adequacy of services provided to the parent or guardian
6and to the nonminor dependent. The court shall consider the
7progress in providing the information and documents to the
8nonminor dependent as described in Section 391. The court shall
9also consider the need for, and progress in providing, the assistance
10and services described in Section 391.
11(F) The extent of progress the parents or legal guardians have
12made toward alleviating or mitigating the causes necessitating
13placement in foster care.
14(G) The likely date by which the
nonminor dependent may
15safely reside in the home of the parent or guardian or, if the court
16is terminating reunification services, the likely date by which it is
17anticipated the nonminor dependent will achieve independence,
18or, for an Indian child, in consultation with the child’s tribe, placed
19for tribal customary adoption.
20(H) Whether the agency has made reasonable efforts as required
21in subparagraph (D) of paragraph (1) of subdivision (a) of Section
22366 to establish or maintain the nonminor dependent’s relationship
23with his or her siblings who are under the juvenile court’s
25(I) The services needed to assist the nonminor dependent to
26make the transition from foster care to independent living.
27(J) Whether or not reasonable efforts to make and finalize a
28permanent placement for the nonminor have been made.
27(e) For a nonminor dependent who is no longer receiving
28 court-ordered family reunification services and is in a permanent
29plan of planned permanent living arrangement, at the review
30hearing held every six months pursuant to subdivision (d) of
31Section 366.3, the reviewing body shall inquire about the progress
32being made to provide permanent connections with caring,
33committed adults for the nonminor dependent, shall consider the
34safety of the nonminor, shall consider the Transitional Independent
35Living Case Plan, and shall determine all of the following:
36(1) The continuing necessity for, and appropriateness of, the
38(2) The continuing appropriateness and extent of compliance
39with the permanent plan for the nonminor dependent, including
P8 1efforts to identify and maintain relationships with individuals who
2are important to the nonminor dependent.
3(3) The extent of the
agency’s compliance with the nonminor
4dependent’s Transitional Independent Living Case Plan, including
5whether or not reasonable efforts have been made to make and
6finalize the youth’s permanent plan and prepare the nonminor
7dependent for independence.
8(4) Whether a prospective adoptive parent has been identified
9and assessed as appropriate for the nonminor dependent’s adoption
10under this section, whether the prospective adoptive parent has
11been informed about the terms of the written negotiated adoption
12assistance agreement pursuant to Section 16120, and whether
13adoption should be ordered as the nonminor dependent’s permanent
14plan. If nonminor dependent adoption is ordered as the nonminor
15dependent’s permanent plan, a hearing pursuant to subdivision (f)
16shall be held within 60 days. When the court orders a hearing
17pursuant to subdivision (f), it shall direct the agency to prepare a
18report that shall include the provisions of paragraph (5) of
19 subdivision (f).
20(5) For the nonminor dependent who is an Indian child, whether,
21in consultation with the nonminor’s tribe, the nonminor should be
22placed for tribal customary adoption.
23(6) The adequacy of services provided to the nonminor
24dependent. The court shall consider the progress in providing the
25information and documents to the nonminor dependent as described
26in Section 391. The court shall also consider the need for, and
27progress in providing, the assistance and services described in
29(7) The likely date by which it is anticipated the nonminor
30dependent will achieve adoption or independence.
31(8) Whether the agency has made reasonable efforts as required
32in subparagraph (D) of paragraph (1) of subdivision (a) of Section
33366 to establish or maintain the nonminor dependent’s relationship
34with his or her siblings who are under the juvenile court’s
36(9) The services needed to assist the nonminor dependent to
37make the transition from foster care to independent living.
38(f) (1) At a hearing to consider a permanent plan of adoption
39for a nonminor dependent, the court shall read and consider the
40report in paragraph (5) and receive other evidence that the parties
P9 1may present. A copy of the executed negotiated agreement shall
2be attached to the report. If the court finds pursuant to this section
3that nonminor dependent adoption is the appropriate permanent
4plan, it shall make findings and orders to do the following:
5(A) Approve the adoption agreement and declare the nonminor
6dependent is the adopted child of the adoptive parent, and that the
7nonminor dependent and adoptive parents agree to assume toward
8each other the legal relationship of parents and child and to have
9all of the rights and be subject to all of the duties and
10responsibilities of that relationship.
11(B) Declare that the birth parents of the nonminor dependent
12are, from the time of the adoption, relieved of all parental duties
13toward, and responsibility for, the adopted nonminor dependent
14and have no rights over the adopted nonminor dependent.
15(2) If the court finds that the nonminor dependent and the
16prospective adoptive parent have mutually consented to the
17adoption, the court may enter the adoption order after it determines
18all of the following:
19(A) Whether the notice was given as required by law.
20(B) Whether the nonminor dependent and prospective adoptive
21parent are present for the hearing.
22(C) Whether the court has read and considered the assessment
23prepared by the social worker or probation officer.
24(D) Whether the court considered the wishes of the nonminor
26(E) If the nonminor dependent is eligible, the prospective
27adoptive parent has signed the negotiated adoption assistance
28agreement pursuant to subdivision (g) of Section 16120, and
29whether a copy of the executed negotiated agreement is attached
30to the report.
31(F) Whether the adoption is in the best interest of the nonminor
33(3) If the court orders the establishment of the nonminor
34dependent adoption, it shall dismiss dependency or transitional
36(4) If the court does not order the establishment of the nonminor
37dependent adoption, the nonminor dependent shall remain in a
38planned permanent living arrangement subject to periodic review
39of the juvenile court pursuant to this section.
P10 1(5) At least 10 calendar days before the hearing, the social
2worker or probation officer shall file a report with the court and
3provide a copy of the report to all parties. The report shall describe
5(A) Whether or not the nonminor dependent has any
6developmental disability and whether the proposed adoptive parent
7is suitable to meet the needs of the nonminor dependent.
8(B) The length and nature of the relationship between the
9prospective adoptive parent and the nonminor dependent, including
10whether the prospective adoptive parent has been determined to
11have been established as the nonminor’s permanent connection.
12(C) Whether the nonminor dependent has been determined to
13be eligible for the adoption assistance program, and if so, whether
14the prospective adoptive parent has signed the negotiated adoption
15assistance agreement pursuant to subdivision (g) of Section 16120.
16(D) Whether a copy of the executed negotiated agreement is
17attached to the report.
18(E) Whether criminal background clearances were completed
19for the prospective adoptive parent as required by Section
20671(a)(2)(A) and (c) of Title 42 of the United States Code.
21(F) Whether the prospective adoptive parent who is married and
22 not legally separated from that spouse has the consent of the
23spouse, provided that the spouse is capable of giving that consent.
24(G) Whether the adoption of the nonminor dependent is in the
25best interests of the nonminor dependent and the prospective
27(H) Whether the nonminor dependent and the prospective
28adoptive parent have mutually consented to the adoption.
29(6) The social worker or probation officer shall serve written
30notice of the hearing in the manner and to the persons set forth in
31Section 295, including the prospective adoptive parent or parents,
32except that notice to the nonminor’s birth parents is not required.
33(7) Nothing in this section shall prevent a nonminor dependent
34from filing an adoption petition pursuant to Section 9300 of the
36(g) Each licensed foster family agency shall submit reports for
37each nonminor dependent in its care to the court concerning the
38continuing appropriateness and extent of compliance with the
39nonminor dependent’s permanent plan, the extent of compliance
40with the Transitional Independent Living Case Plan, and the type
P11 1and adequacy of services provided to the nonminor dependent.
2The report shall document that the nonminor has received all the
3information and documentation described in paragraph (2) of
4subdivision (e) of Section 391. If the court is considering
5terminating dependency jurisdiction for a nonminor dependent it
6shall first hold a hearing pursuant to Section 391.
Section 388 of the Welfare and Institutions Code is
9amended to read:
(a) (1) Any parent or other person having an interest in
11a child who is a dependent child of the juvenile court or a nonminor
12dependent as defined in subdivision (v) of Section 11400, or the
13child himself or herself or the nonminor dependent through a
14properly appointed guardian may, upon grounds of change of
15circumstance or new evidence, petition the court in the same action
16in which the child was found to be a dependent child of the juvenile
17court or in which a guardianship was ordered pursuant to Section
18360 for a hearing to change, modify, or set aside any order of court
19previously made or to terminate the jurisdiction of the court. The
20petition shall be verified and, if made by a person other than the
21child or the nonminor dependent shall state the petitioner’s
22relationship to or interest in the child or the nonminor dependent
23and shall set forth in concise language any change of circumstance
24or new evidence that is alleged to require the change of order or
25termination of jurisdiction.
26(2) When any party, including a child who is a dependent of the
27juvenile court, petitions the court prior to an order terminating
28parental rights, to modify the order that reunification services were
29not needed pursuant to paragraphs (4), (5), and (6) of subdivision
30(b) of Section 361.5, or to modify any orders related to custody or
31visitation of the subject child, and the court orders a hearing
32pursuant to subdivision (d), the court shall modify the order that
33reunification services were not needed pursuant to paragraphs (4),
34(5), and (6) of subdivision (b) of Section 361.5, or any orders
35related to the custody or visitation of the child for whom
36reunification services were not ordered pursuant to paragraphs (4),
37(5), and (6) of subdivision (b) of Section 361.5, only if the court
38finds by clear and convincing evidence that the proposed change
39is in the best interests of the child.
P12 1(b) Any person, including a child or the nonminor dependent
2who is a dependent of the juvenile court, may petition the court to
3assert a relationship as a sibling related by blood, adoption, or
4affinity through a common legal or biological parent to a child
5who is, or is the subject of a petition for adjudication as, a
6dependent of the juvenile court, and may request visitation with
7the dependent child, placement with or near the dependent child,
8or consideration when determining or implementing a case plan
9or permanent plan for the dependent child or make any other
10request for an order which may be shown to be in the best interest
11of the dependent child. The court may appoint a guardian ad litem
12to file the petition for the dependent child asserting the sibling
13relationship if the court determines that the appointment is
14necessary for the best interests of the dependent child. The petition
15shall be verified and shall set forth the following:
16(1) Through which parent he or she is related to the dependent
18(2) Whether he or she is related to the dependent child by blood,
19adoption, or affinity.
20(3) The request or order that the petitioner is seeking.
21(4) Why that request or order is
in the best interest of the
23(c) (1) Any party, including a child who is a dependent of the
24juvenile court, may petition the court, prior to the hearing set
25pursuant to subdivision (f) of Section 366.21 for a child described
26by subparagraph (A) of paragraph (1) of subdivision (a) of Section
27361.5, or prior to the hearing set pursuant to subdivision (e) of
28Section 366.21 for a child described by subparagraph (B) or (C)
29of paragraph (1) of subdivision (a) of Section 361.5, to terminate
30court-ordered reunification services provided under subdivision
31(a) of Section 361.5 only if one of the following conditions exists:
32(A) It appears that a change of circumstance or new evidence
33exists that satisfies a condition set forth in subdivision (b) or (e)
34of Section 361.5 justifying termination of court-ordered
36(B) The action or inaction of the parent or guardian creates a
37substantial likelihood that reunification will not occur, including,
38but not limited to, the parent’s or guardian’s failure to visit the
39child, or the failure of the parent or guardian to participate regularly
40and make substantive progress in a court-ordered treatment plan.
P13 1(2) In determining whether the parent or guardian has failed to
2visit the child or participate regularly or make progress in the
3treatment plan, the court shall consider factors that include but
4are not limited to, the parent’s or guardian’s incarceration,
5institutionalization, detention by the United States Department of
6Homeland Security, deportation, or participation in a court-ordered
7residential substance abuse treatment program.
8(3) The court shall terminate reunification services during the
9above-described time periods only upon a finding by a
10preponderance of evidence that reasonable services have been
11offered or provided, and upon a finding of clear and convincing
12evidence that one of the conditions in subparagraph (A) or (B) of
13paragraph (1) exists.
14(4) Any party, including a nonminor dependent, as defined in
15 subdivision (v) of Section 11400, may petition the court prior to
16the review hearing set pursuant to subdivision (d) of Section 366.31
17to terminate the continuation of court-ordered family reunification
18services for a nonminor dependent who has attained 18 years of
19age. The court shall terminate family reunification services to the
20parent or guardian if the nonminor dependent or parent or guardian
21are not in agreement that the continued provision of court-ordered
22family reunification services is in the best interests of the nonminor
24(5) If the court terminates reunification services, it shall order
25that a hearing pursuant to Section 366.26 be held within 120 days.
26 On and after January 1, 2012, a hearing pursuant to Section 366.26
27shall not be ordered if the child is a nonminor dependent. The court
28may order a nonminor dependent who is otherwise eligible to
29AFDC-FC benefits pursuant to Section 11403 to remain in a
30planned, permanent living arrangement.
31(d) If it appears that the best interests of the child or the
32nonminor dependent may be promoted by the proposed change of
33order, modification of reunification services, custody, or visitation
34orders concerning a child for whom reunification services were
35not ordered pursuant to paragraphs (4), (5), and (6) of subdivision
36(b) of Section 361.5, recognition of a sibling relationship,
37termination of jurisdiction, or clear and convincing evidence
38supports revocation or termination of court-ordered reunification
39services, the court shall order that a hearing be held and shall give
40prior notice, or cause prior notice to be given, to the persons and
P14 1in the manner prescribed by Section 386, and, in those instances
2in which the manner of giving notice is not prescribed by those
3sections, then in the manner the court prescribes.
4(e) (1) (A) On and after January 1, 2012, a nonminor who
5attained 18 years of age while subject to an order for foster care
6placement and, commencing January 1, 2012, who has not attained
719 years of age, or, commencing January 1, 2013, 20 years of age,
8or, commencing January 1, 2014, 21 years of age, or as described
9in Section 10103.5, for whom the court has dismissed dependency
10jurisdiction pursuant to Section 391, or delinquency jurisdiction
11pursuant to Section 607.2, or transition jurisdiction pursuant to
12Section 452, but has retained general jurisdiction under subdivision
13(b) of Section 303, or the county child welfare services, probation
14department, or tribal placing agency on behalf of the nonminor,
15may petition the court in the same action in which the child was
16found to be a dependent or delinquent child of the juvenile court,
17for a hearing to resume the dependency jurisdiction over a former
18dependent or to assume or resume transition jurisdiction over a
19former delinquent ward pursuant to Section 450. The petition shall
20be filed within the period that the nonminor is of the age described
21in this paragraph. If the nonminor has completed the voluntary
22reentry agreement, as described in subdivision (z) of Section 11400,
23with the placing agency, the agency shall file the petition on behalf
24of the nonminor within 15 judicial days of the date the agreement
25was signed unless the nonminor elects to file the petition at an
27(B) On and after January 1, 2014, a nonminor who has not
28attained 21 years of age may petition the court in the same action
29in which the nonminor was previously found to be a dependent or
30delinquent child of the juvenile court, for a hearing to determine
31whether to resume dependency jurisdiction over a former
32dependent, or to assume or resume transition jurisdiction over a
33former ward pursuant to Section 450, as applicable, if the nonminor
34comes within the description set forth in one of the following:
35(i) He or she attained 18 years of age while subject to an order
36for foster care placement.
37(ii) He or she is a former dependent, as defined in subdivision
38(aa) of Section 11400, who was receiving aid after 18 years of age
39pursuant to Kin-GAP under Article 4.5 (commencing with Section
4011360) or Article 4.7 (commencing with Section 11385) of Chapter
P15 12 of Part 3 of Division 9 and the nonminor former dependent’s
2former guardian dies after the nonminor turns 18 years of age but
3before the nonminor turns 21 years of age.
4(iii) He or she is a nonminor former dependent who was
5receiving aid after 18 years of age pursuant to subdivision (e) of
6Section 11405 and the nonminor former dependent’s former
7guardian dies after the nonminor turns 18 years of age but before
8the nonminor turns 21 years of age.
9(iv) He or she is a nonminor who was receiving adoption
10assistance payments after 18 years of age as specified in Chapter
112.1 (commencing with Section 16115) of Part 4 of Division 9 and
12the nonminor’s adoptive parent dies after the nonminor turns 18
13years of age but before the nonminor turns 21 years of age.
14(2) (A) The petition to resume jurisdiction may be filed in the
15juvenile court that retains general jurisdiction under subdivision
16(b) of Section 303, or the petition may be submitted to the juvenile
17court in the county where the youth resides and forwarded to the
18juvenile court that retained general jurisdiction and filed with that
19court. The juvenile court having general jurisdiction under Section
20303 shall receive the petition from the court where the petition
21was submitted within five court days of its submission, if the
22petition is filed in the county of residence. The juvenile court that
23retained general jurisdiction shall order that a hearing be held
24within 15 judicial days of the date the petition was filed if there is
25a prima facie showing that the nonminor satisfies the following
27(i) He or she was previously under juvenile court jurisdiction,
28subject to an order for foster care placement when he or she
29attained 18 years of age, and has not attained the age limits
30described in paragraph (1).
31(ii) He or she intends to satisfy at least one of the conditions set
32forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
34(iii) He or she wants assistance either in maintaining or securing
35appropriate supervised placement, or is in need of immediate
36placement and agrees to supervised placement pursuant to the
37voluntary reentry agreement as described in subdivision (z) of
39(B) Upon ordering a hearing, the
court shall give prior notice,
40or cause prior notice to be given, to the persons and by the means
P16 1prescribed by Section 386, except that notice to parents or former
2guardians shall not be provided unless the nonminor requests, in
3writing on the face of the petition, notice to the parents or former
5(3) The Judicial Council, by January 1, 2012, shall adopt rules
6of court to allow for telephonic appearances by nonminor former
7dependents or delinquents in these proceedings, and for telephonic
8appearances by nonminor dependents in any proceeding in which
9the nonminor dependent is a party, and he or she declines to appear
10and elects a telephonic appearance.
11(4) Prior to the hearing on a petition to resume dependency
12jurisdiction or to assume or resume transition jurisdiction, the court
13shall order the county child welfare or probation department to
14prepare a report for the court addressing whether the nonminor
15intends to satisfy at least one of the criteria set forth in subdivision
16(b) of Section 11403. When the recommendation is for the
17nonminor dependent to be placed in a setting where minor
18dependents also reside, the results of a background check of the
19petitioning nonminor conducted pursuant to Section 16504.5, may
20be used by the placing agency to determine appropriate placement
21options for the nonminor. The existence of a criminal conviction
22is not a bar to eligibility for reentry or resumption of dependency
23jurisdiction or the assumption or resumption of transition
24jurisdiction over a nonminor.
25(5) (A) The court shall resume dependency jurisdiction over a
26former dependent or assume or resume transition jurisdiction over
27a former delinquent ward pursuant to Section 450, and order that
28the nonminor’s placement and care be under the responsibility of
29the county child welfare services department, the probation
30department, tribe, consortium of tribes, or tribal organization, if
31the court finds all of the following:
32(i) The nonminor was previously under juvenile court
33jurisdiction subject to an order for foster care placement when he
34or she attained 18 years of age.
35(ii) The nonminor has not attained the age limits described in
37(iii) Reentry and remaining in foster care are in the nonminor’s
39(iv) The nonminor intends to satisfy, and agrees to satisfy, at
40least one of the criteria set forth in paragraphs (1) to (5), inclusive,
P17 1of subdivision (b) of Section 11403, and demonstrates his or her
2agreement to placement in a supervised setting under the placement
3and care responsibility of the placing agency and to satisfy the
4criteria by signing the voluntary reentry agreement as described
5in subdivision (z) of Section 11400.
6(B) In no event shall the court grant a continuance that would
7cause the hearing to resume dependency jurisdiction or to assume
8or resume transition jurisdiction to be completed more than 120
9days after the date the petition was filed.
10(C) The agency made responsible for the nonminor’s placement
11and care pursuant to subparagraph (A) shall prepare a new
12transitional independent living case plan within 60 calendar days
13from the date the nonminor signed the voluntary reentry agreement
14as described in subdivision (z) of Section 11400 and submit it to
15the court for the review hearing under Section 366.31, to be held
16within 70 days of the resumption of dependency jurisdiction or
17assumption or resumption of transition jurisdiction. In no event
18shall the review hearing under Section 366.3 be held more than
19170 calendar days from the date the nonminor signed the voluntary
(a) The dependency court shall not terminate jurisdiction
24over a nonminor unless a hearing is conducted pursuant to this
26(b) At any hearing for a nonminor at which the court is
27considering termination of the jurisdiction of the juvenile court,
28the county welfare department shall do all of the following:
29(1) Ensure that the dependent nonminor is present in court,
30unless the nonminor does not wish to appear in court, and elects
31a telephonic appearance, or document reasonable efforts made by
32the county welfare department to locate the nonminor when the
33nonminor is not available.
34(2) Submit a report describing whether it is in the
35best interests to remain under the court’s dependency jurisdiction,
36which includes a recommended transitional independent living
37case plan for the nonminor when the report describes continuing
38dependency jurisdiction as being in the nonminor’s best interest.
39(3) If the county welfare department recommends termination
40of the court’s dependency jurisdiction, submit documentation of
P18 1the reasonable efforts made by the department to provide the
2nonminor with the assistance needed to meet or maintain eligibility
3as a nonminor dependent, as defined in paragraphs (1) to (5),
4inclusive, of subdivision (b) of Section 11403.
5(4) If the nonminor has indicated that he or she does not want
6dependency jurisdiction to continue, the report shall address the
7manner in which the nonminor was advised of his or her options,
8including the benefits of remaining in foster care, and of his or her
9right to reenter foster care and to file a petition pursuant to
10subdivision (e) of Section 388 to resume dependency jurisdiction
11prior to attaining 21 years of age.
12(c) (1) The court shall continue dependency jurisdiction over
13a nonminor who meets the definition of a nonminor dependent as
14described in subdivision (v) of Section 11400 unless the court finds
15either of the following:
16(A) That the nonminor does not wish to remain subject to
18(B) That the nonminor is not participating in a reasonable and
19appropriate transitional independent living case plan.
20(2) In making the findings pursuant to paragraph (1), the court
21must also find that the nonminor has been informed of his or her
22options including the benefits of remaining in foster care and the
23right to reenter foster care by filing a petition pursuant to
24subdivision (e) of Section 388 to resume dependency jurisdiction
25and by completing a voluntary reentry agreement pursuant to
26subdivision (z) of Section 11400, and has had an opportunity to
27confer with his or her counsel if counsel has been appointed
28pursuant to Section 317.
29(d) (1) The court may terminate its jurisdiction over a nonminor
30if the court finds after reasonable and documented efforts the
31nonminor cannot be located.
32(2) When terminating dependency jurisdiction the court shall
33maintain general jurisdiction over the nonminor to allow for the
34filing of a petition to resume dependency jurisdiction under
35subdivision (e) of Section 388 until the nonminor attains 21 years
36of age, although no review proceedings shall be required. A
37nonminor may petition the court pursuant to subdivision (e) of
38Section 388 to resume dependency jurisdiction at any time before
39attaining 21 years of age.
P19 1(e) The court shall not terminate dependency jurisdiction over
begin delete dependentend delete who has attained 18 years of age until a
3hearing is conducted pursuant to this section and the department
4has submitted a report verifying that the following information,
5documents, and services have been provided to the nonminor, or
6in the case of a nonminor who, after reasonable efforts by the
7county welfare department, cannot be located, verifying the efforts
8made to make the following available to the nonminor:
9(1) Written information concerning the nonminor’s
begin delete dependencyend delete
10 case, including any known information regarding the nonminor’s
11Indian heritage or tribal connections, if applicable, his or her family
12history and placement history, any photographs of the nonminor
13or his or her family in the possession of the county welfare
14department, other than forensic photographs, the whereabouts of
15any siblings under the jurisdiction of the juvenile court, unless the
16court determines that sibling contact would jeopardize the safety
17or welfare of the sibling, directions on how to access the documents
18the nonminor is entitled to inspect under Section 827, and the date
19on which the jurisdiction of the juvenile court would be terminated.
20(2) The following documents:
21(A) Social security card.
22(B) Certified copy of his or her birth certificate.
and education summary, as described in subdivision
24(a) of Section 16010.
25(D) Driver’s license, as described in Section 12500 of the
26Vehicle Code, or identification card, as described in Section 13000
27of the Vehicle Code.
28(E) A letter prepared by the county welfare department that
29includes the following information:
30(i) The nonminor’s name and date of birth.
31(ii) The dates during which the nonminor was within the
32jurisdiction of the juvenile court.
33(iii) A statement that the nonminor was a foster youth in
34compliance with state and federal financial aid documentation
36(F) If applicable, the death certificate of the parent or parents.
37(G) If applicable, proof of the nonminor’s citizenship or legal
39(H) An advance healthcare directive form.
P20 1(I) The Judicial Council form that the nonminor would use to
2file a petition pursuant to subdivision (e) of Section 388 to resume
4(J) The written 90-day transition plan prepared pursuant to
6(3) Assistance in completing an application for Medi-Cal or
7assistance in obtaining other health insurance.
8(4) Referrals to transitional housing, if available, or assistance
9in securing other housing.
10(5) Assistance in obtaining employment or other financial
12(6) Assistance in applying for admission to college or to a
13vocational training program or other educational institution and
14in obtaining financial aid, where appropriate.
15(7) Assistance in maintaining relationships with individuals
16who are important to a nonminor who has been in out-of-home
17placement for six months or longer from the date the nonminor
18entered foster care, based on the nonminor’s best interests.
19(8) For nonminors between 18 and 21 years of age, assistance
20in accessing the Independent Living Aftercare Program in the
21nonminor’s county of residence, and, upon the nonminor’s request,
22assistance in completing a voluntary reentry agreement for care
23and placement pursuant to subdivision (z) of Section 11400 and
24in filing a petition pursuant to subdivision (e) of Section 388 to
25resume dependency jurisdiction.
26(9) Written information notifying the child that current or former
27dependent children who are or have been in foster care are granted
28a preference for student assistant or internship positions with state
29agencies pursuant to Section 18220 of the Government Code. The
30preference shall be granted to applicants up to 26 years of age.
31(f) At the hearing closest to and before a dependent minor’s
3218th birthday and every review hearing thereafter for nonminors,
33the department shall submit a report describing efforts toward
34completing the items described in paragraph (2) of subdivision
36(g) The Judicial Council shall develop and implement standards,
37and develop and adopt appropriate forms necessary to implement
39(h) This section shall become operative on January 1, 2012.
Section 727 of the Welfare and Institutions Code is
3amended to read:
(a) (1) If a minor or nonminor is adjudged a ward of the
5court on the ground that he or she is a person described by Section
6601 or 602, the court may make any reasonable orders for the care,
7supervision, custody, conduct, maintenance, and support of the
8minor or nonminor, including medical treatment, subject to further
9order of the court.
10(2) In the discretion of the court, a ward may be ordered to be
11on probation without supervision of the probation officer. The
12court, in so ordering, may impose on the ward any and all
13 reasonable conditions of behavior as may be appropriate under
14this disposition. A minor or nonminor who has been adjudged a
15ward of the court on the basis of the commission of any of the
16offenses described in subdivision (b) or paragraph (2) of
17subdivision (d) of Section 707, Section 459 of the Penal Code, or
18subdivision (a) of Section 11350 of the Health and Safety Code,
19shall not be eligible for probation without supervision of the
20probation officer. A minor or nonminor who has been adjudged a
21ward of the court on the basis of the commission of any offense
22involving the sale or possession for sale of a controlled substance,
23except misdemeanor offenses involving marijuana, as specified in
24Chapter 2 (commencing with Section 11053) of Division 10 of the
25Health and Safety Code, or of an offense in violation of Section
2632625 of the Penal Code, shall be eligible for probation without
27supervision of the probation officer only when the court determines
28that the interests of justice would best be served and states reasons
29on the record for that determination.
30(3) In all other cases, the court shall order the care, custody, and
31control of the minor or nonminor to be under the supervision of
32the probation officer who may place the minor or nonminor in any
33of the following:
34(A) The approved home of a relative or the approved home of
35a nonrelative, extended family member, as defined in Section
36362.7. If a decision has been made to place the minor in the home
37of a relative, the court may authorize the relative to give legal
38consent for the minor’s medical, surgical, and dental care and
39education as if the relative caretaker were the custodial parent of
P22 1(B) A suitable licensed community care facility.
2(C) With a foster family agency to be placed in a suitable
3licensed foster family home or certified family home which has
4been certified by the agency as meeting licensing standards.
5(D) (i) Every minor adjudged a ward of the juvenile court who
6is residing in a placement as defined in subparagraphs (A) to (C),
7inclusive, shall be entitled to participate in age-appropriate
8extracurricular, enrichment, and social activities. No state or local
9regulation or policy may prevent, or create barriers to, participation
10in those activities. Each state and local entity shall ensure that
11private agencies that provide foster care services to wards have
12policies consistent with this section and that those agencies promote
13and protect the ability of wards to participate in age-appropriate
14extracurricular, enrichment, and social activities. A group home
15administrator, a facility manager, or his or her responsible designee,
16and a caregiver, as defined in paragraph (1) of subdivision (a) of
17Section 362.04, shall use a reasonable and prudent parent standard,
18as defined in paragraph (2) of subdivision (a) of Section 362.04,
19in determining whether to give permission for a minor residing in
20foster care to participate in extracurricular, enrichment, and social
21activities. A group home administrator, a facility manager, or his
22or her responsible designee, and a caregiver shall take reasonable
23steps to determine the appropriateness of the activity taking into
24consideration the minor’s age, maturity, and developmental level.
25(ii) A group home administrator or a facility manager, or his or
26her responsible designee, is encouraged to consult with social work
27or treatment staff members who are most familiar with the minor
28at the group home in applying and using the reasonable and prudent
33(b) (1) To facilitate coordination and cooperation among
34agencies, the court may, at any time after a petition has been filed,
35after giving notice and an opportunity to be heard, join in the
36juvenile court proceedings any agency that the court determines
37has failed to meet a legal obligation to provide services to a minor,
38for whom a petition has been filed under Section 601 or 602, to a
39nonminor, as described in Section 303, or to a nonminor dependent,
40as defined in subdivision (v) of Section 11400. In any proceeding
P23 1in which an agency is joined, the court shall not impose duties
2upon the agency beyond those mandated by law. The purpose of
3joinder under this section is to ensure the delivery and coordination
4of legally mandated services to the minor. The joinder shall not
5be maintained for any other purpose. Nothing in this section shall
6prohibit agencies that have received notice of the hearing on joinder
7from meeting prior to the hearing to coordinate services.
8(2) The court has no authority to order services unless it has
9been determined through the administrative process of an agency
10that has been joined as a party, that the minor, nonminor, or
11nonminor dependent is eligible for those services. With respect to
12mental health assessment, treatment, and case management services
13pursuant to Chapter 26.5 (commencing with Section 7570) of
14Division 7 of Title 1 of the Government Code, the court’s
15determination shall be limited to whether the agency has complied
16with that chapter.
17(3) For the purposes of this subdivision, “agency” means any
18governmental agency or any private service provider or individual
19that receives federal, state, or local governmental funding or
20reimbursement for providing services directly to a child, nonminor,
21or nonminor dependent.
22(c) If a minor has been adjudged a ward of the court on the
23ground that he or she is a person described in Section 601 or 602,
24and the court finds that notice has been given in accordance with
25Section 661, and if the court orders that a parent or guardian shall
26retain custody of that minor either subject to or without the
27supervision of the probation officer, the parent or guardian may
28be required to participate with that minor in a counseling or
29education program including, but not limited to, parent education
30and parenting programs operated by community colleges, school
31districts, or other appropriate agencies designated by the court.
32(d) The juvenile court may direct any reasonable orders to the
33parents and guardians of the minor who is the subject of any
34proceedings under this chapter as the court deems necessary and
35proper to carry out subdivisions (a), (b), and (c) including orders
36to appear before a county financial evaluation officer, to ensure
37the minor’s regular school attendance, and to make reasonable
38efforts to obtain appropriate educational services necessary to meet
39the needs of the minor.
P24 1If counseling or other treatment services are ordered for the
2minor, the parent, guardian, or foster parent shall be ordered to
3participate in those services, unless participation by the parent,
4guardian, or foster parent is deemed by the court to be inappropriate
5or potentially detrimental to the minor.
Section 11363 of the Welfare and Institutions Code is
8amended to read:
(a) Aid in the form of state-funded Kin-GAP shall be
10provided under this article on behalf of any child under 18 years
11of age and to any eligible youth under 19 years of age as provided
12in Section 11403, who satisfies all of the following conditions:
13(1) Has been adjudged a dependent child of the juvenile court
14pursuant to Section 300, or, effective October 1, 2006, a ward of
15the juvenile court pursuant to Section 601 or 602.
16(2) Has been residing for at least six consecutive months in the
17approved home of the prospective relative guardian while under
18the jurisdiction of the juvenile court or a voluntary placement
20(3) Has had a kinship guardianship established pursuant to
21Section 360 or 366.26.
22(4) Has had his or her dependency jurisdiction terminated after
23January 1, 2000, pursuant to Section 366.3, or his or her wardship
24terminated pursuant to subdivision (d) of Section 728, concurrently
25or subsequently to the establishment of the kinship guardianship.
26(b) If the conditions specified in subdivision (a) are met and,
27subsequent to the termination of dependency jurisdiction, any
28parent or person having an interest files with the juvenile court a
29petition pursuant to Section 388 to change, modify, or set aside an
30order of the court, Kin-GAP payments shall continue unless and
31until the juvenile court, after holding a hearing, orders the child
32removed from the home of the guardian, terminates the
33guardianship, or maintains dependency jurisdiction after the court
34concludes the hearing on the petition filed under Section 388.
35(c) A child or nonminor former dependent or ward shall be
36eligible for Kin-GAP payments if he or she meets one of the
37following age criteria:
38(1) He or she is under 18 years of age.
39(2) He or she is under 21 years of age and has a physical or
40mental disability that warrants the continuation of assistance.
P25 1(3) Through December 31, 2011, he or she satisfies the
2conditions of Section 11403, and on and after January 1, 2012, he
3or she satisfies the conditions of Section 11403.01.
4(4) He or she satisfies the conditions as described in subdivision
6(d) Commencing January 1, 2012, state-funded Kin-GAP
7 payments shall continue for youths who have attained 18 years of
8age and who are under 19 years of age, if they reached 16 years
9of age before the Kin-GAP negotiated agreement payments
10commenced, and as described in Section 10103.5. Effective January
111, 2013, Kin-GAP payments shall continue for youths who have
12attained 18 years of age and are under 20 years of age, if they
13reached 16 years of age before the Kin-GAP negotiated agreement
14payments commenced, and as described in Section 10103.5.
15Effective January 1, 2014, Kin-GAP payments shall continue for
16youths who have attained 18 years of age and are under 21 years
17of age, if they reached 16 years of age before the Kin-GAP
18negotiated agreement payments commenced. To be eligible for
19continued payments, the youth shall satisfy one or more of the
20conditions specified in paragraphs (1) to (5), inclusive, of
21subdivision (b) of Section 11403.
22(e) Termination of the guardianship with a kinship guardian
23shall terminate eligibility for Kin-GAP unless the conditions in
24Section 11403 apply; provided, however, that if an alternate
25guardian or coguardian is appointed pursuant to Section 366.3 who
26is also a kinship guardian, the alternate or coguardian shall be
27entitled to receive Kin-GAP on behalf of the child pursuant to this
28article. A new period of six months of placement with the alternate
29guardian or coguardian shall not be required if that alternate
30guardian or coguardian has been assessed pursuant to Sections
31361.3 and 361.4 and the court terminates dependency jurisdiction.
32When a nonminor former dependent is receiving Kin-GAP after
3318 years of age and the nonminor former dependent’s former
34guardian dies, the nonminor former dependent may petition the
35court for a hearing pursuant to subdivision (e) of Section 388.
Section 11400 of the Welfare and Institutions Code is
38amended to read:
For the purposes of this article, the following definitions
P26 1(a) “Aid to Families with Dependent Children-Foster Care
2(AFDC-FC)” means the aid provided on behalf of needy children
3in foster care under the terms of this division.
4(b) “Case plan” means a written document that, at a minimum,
5specifies the type of home in which the child shall be placed, the
6safety of that home, and the appropriateness of that home to meet
7the child’s needs. It shall also include the agency’s plan for
8ensuring that the child receive proper care and protection in a safe
9environment, and shall set forth the appropriate services to be
10provided to the child, the child’s family, and the foster parents, in
11order to meet the child’s needs while in foster care, and to reunify
12the child with the child’s family. In addition, the plan shall specify
13the services that will be provided or steps that will be taken to
14facilitate an alternate permanent plan if reunification is not possible.
15(c) “Certified family home” means a family residence certified
16by a licensed foster family agency and issued a certificate of
17approval by that agency as meeting licensing standards, and used
18only by that foster family agency for placements.
19(d) “Family home” means the family
begin delete residencyend delete
20licensee in which 24-hour care and supervision are provided for
22(e) “Small family home” means any residential facility, in the
23licensee’s family residence, which provides 24-hour care for six
24or fewer foster children who have mental disorders or
25developmental or physical disabilities and who require special care
26and supervision as a result of their disabilities.
27(f) “Foster care” means the 24-hour out-of-home care provided
28to children whose own families are unable or unwilling to care for
29them, and who are in need of temporary or long-term substitute
31(g) “Foster family agency” means any individual or organization
32engaged in the recruiting, certifying, and training of, and providing
33 professional support to, foster parents, or in finding homes or other
34places for placement of children for temporary or permanent care
35who require that level of care as an alternative to a group home.
36Private foster family agencies shall be organized and operated on
37a nonprofit basis.
38(h) “Group home” means a nondetention privately operated
39residential home, organized and operated on a nonprofit basis only,
40of any capacity, or a nondetention licensed residential care home
P27 1operated by the County of San Mateo with a capacity of up to 25
2beds, that provides services in a group setting to children in need
3of care and supervision, as required by paragraph (1) of subdivision
4(a) of Section 1502 of the Health and Safety Code.
5(i) “Periodic review” means review of a child’s status by
6juvenile court or by an administrative review panel, that shall
7include a consideration of the safety of the child, a determination
8of the continuing need for placement in foster care, evaluation of
9the goals for the placement and the progress toward meeting these
10goals, and development of a target date for the child’s return home
11or establishment of alternative permanent placement.
12(j) “Permanency planning hearing” means a hearing conducted
13by the juvenile court in which the child’s future status, including
14whether the child shall be returned home or another permanent
15plan shall be developed, is determined.
16(k) “Placement and care” refers to the responsibility for the
17welfare of a child vested in an agency or organization by virtue of
18the agency or organization having (1) been delegated care, custody,
19and control of a child by the juvenile court, (2) taken responsibility,
20pursuant to a relinquishment or termination of parental rights on
21a child, (3) taken the responsibility of supervising a child detained
22by the juvenile court pursuant to Section 319 or 636, or (4) signed
23a voluntary placement agreement for the child’s placement; or to
24the responsibility designated to an individual by virtue of his or
25her being appointed the child’s legal guardian.
26(l) “Preplacement preventive services” means services that are
27designed to help children remain with their families by preventing
28or eliminating the need for removal.
29(m) “Relative” means an adult who is related to the child by
30blood, adoption, or affinity within the fifth degree of kinship,
31including stepparents, stepsiblings, and all relatives whose status
32is preceded by the words “great,” “great-great,” or “grand” or the
33spouse of any of these persons even if the marriage was terminated
34by death or dissolution.
35(n) “Nonrelative extended family member” means an adult
36caregiver who has an established familial or mentoring relationship
37with the child, as described in Section 362.7.
38(o) “Voluntary placement” means an out-of-home placement
39of a child by (1) the county welfare department, probation
40department, or Indian tribe that has entered into an agreement
P28 1pursuant to Section 10553.1, after the parents or guardians have
2requested the assistance of the county welfare department and have
3signed a voluntary placement agreement; or (2) the county welfare
4department licensed public or private adoption agency, or the
5department acting as an adoption agency, after the parents have
6requested the assistance of either the county welfare department,
7the licensed public or private adoption agency, or the department
8acting as an adoption agency for the purpose of adoption planning,
9and have signed a voluntary placement agreement.
10(p) “Voluntary placement agreement” means a written agreement
11between either the county welfare department, probation
12department, or Indian tribe that has entered into an agreement
13pursuant to Section 10553.1, licensed public or private adoption
14agency, or the department acting as an adoption agency, and the
15parents or guardians of a child that specifies, at a minimum, the
17(1) The legal status of the child.
18(2) The rights and obligations of the parents or guardians, the
19child, and the agency in which the child is placed.
20(q) “Original placement date” means the most recent date on
21which the court detained a child and ordered an agency to be
22responsible for supervising the child or the date on which an agency
23assumed responsibility for a child due to termination of parental
24rights, relinquishment, or voluntary placement.
25(r) (1) “Transitional housing placement provider” means an
26organization licensed by the State Department of Social Services
27pursuant to Section 1559.110 of the Health and Safety Code, to
28provide transitional housing to foster children at least 16 years of
29age and not more than 18 years of age, and nonminor dependents,
30as defined in subdivision (v). A transitional housing placement
31provider shall be privately operated and organized on a nonprofit
33(2) Prior to licensure, a provider shall obtain certification from
34the applicable county, in accordance with Section 16522.1.
35(s) “Transitional Housing Program-Plus” means a provider
36certified by the applicable county, in accordance with subdivision
37(c) of Section 16522, to provide transitional housing services to
38former foster youth who have exited the foster care system on or
39after their 18th birthday.
P29 1(t) “Whole family foster home” means a new or existing family
2home, approved relative caregiver or nonrelative extended family
3member’s home, the home of a nonrelated legal guardian whose
4guardianship was established pursuant to Section 360 or 366.26,
5certified family home, or a host family home placement of a
6 transitional housing placement provider, that provides foster care
7for a minor or nonminor dependent parent and his or her child,
8and is specifically recruited and trained to assist the minor or
9nonminor dependent parent in developing the skills necessary to
10provide a safe, stable, and permanent home for his or her child.
11The child of the minor or nonminor dependent parent need not be
12the subject of a petition filed pursuant to Section 300 to qualify
13for placement in a whole family foster home.
14(u) “Mutual agreement” means any of the following:
15(1) A written voluntary agreement of consent for continued
16placement and care in a supervised setting between a minor or, on
17and after January 1, 2012, a nonminor dependent, and the county
18welfare services or probation department or tribal agency
19responsible for the foster care placement, that documents the
20nonminor’s continued willingness to remain in supervised
21out-of-home placement under the placement and care of the
22responsible county, tribe, consortium of tribes, or tribal
23organization that has entered into an agreement with the state
24pursuant to Section 10553.1, remain under the jurisdiction of the
25juvenile court as a nonminor dependent, and report any change of
26circumstances relevant to continued eligibility for foster care
27payments, and that documents the nonminor’s and social worker’s
28or probation officer’s agreement to work together to facilitate
29implementation of the mutually developed supervised placement
30agreement and transitional independent living case plan.
31(2) An agreement, as described in paragraph (1), between a
32nonminor former dependent or ward in receipt of Kin-GAP
33payments under Article 4.5 (commencing with Section 11360) or
34Article 4.7 (commencing with Section 11385), and the agency
35responsible for the Kin-GAP benefits, provided that the nonminor
36former dependent or ward satisfies the conditions described in
37Section 11403.01, or one or more of the conditions described in
38paragraphs (1) to (5), inclusive, of subdivision (b) of Section
3911403. For purposes of this paragraph and paragraph (3),
P30 1“nonminor former dependent or ward” has the same meaning as
2described in subdivision (aa).
3(3) An agreement, as described in paragraph (1), between a
4nonminor former dependent or ward in receipt of AFDC-FC
5payments under subdivision (e) or (f) of Section 11405 and the
6agency responsible for the AFDC-FC benefits, provided that the
7nonminor former dependent or ward described in subdivision (e)
8of Section 11405 satisfies one or more of the conditions described
9in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1011403, and the nonminor described in subdivision (f) of Section
1111405 satisfies the secondary school or equivalent training or
12certificate program conditions described in that subdivision.
13(v) “Nonminor dependent” means, on and after January 1, 2012,
14a foster child, as described in Section 675(8)(B) of Title 42 of the
15United States Code under the federal Social Security Act who is
16a current dependent child or ward of the juvenile court, or is a
17nonminor under the transition jurisdiction of the juvenile court, as
18described in Section 450, who satisfies all of the following criteria:
19(1) He or she has attained 18 years of
age while under an order
20of foster care placement by the juvenile court, and is not more than
2119 years of age on or after January 1, 2012, not more than 20 years
22of age on or after January 1, 2013, or not more than 21 years of
23age on or after January 1, 2014, and as described in Section
25(2) He or she is in foster care under the placement and care
26responsibility of the county welfare department, county probation
27department, Indian tribe, consortium of tribes, or tribal organization
28that entered into an agreement pursuant to Section 10553.1.
29(3) He or she
begin delete is participating inend delete a transitional independent
30living case plan pursuant to Section 475(8) of the federal Social
31Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal
32Fostering Connections to Success and Increasing Adoptions Act
33of 2008 (Public Law 110-351), as described in Section 11403.
34(w) “Supervised independent living placement” means, on and
35after January 1, 2012, an independent supervised setting, as
36specified in a nonminor dependent’s transitional independent living
37case plan, in which the youth is living independently, pursuant to
38 Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec.
P31 1(x) “Supervised independent living setting,” pursuant to Section
2472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
3672(c)(2)), includes both a supervised independent living
4placement, as defined in subdivision (w), and a residential housing
5unit certified by the transitional housing placement provider
6operating a Transitional Housing Placement-Plus Foster Care
7program, as described in paragraph (2) of subdivision (a) of Section
9(y) “Transitional independent living case plan” means, on or
10after January 1, 2012,
12 the nonminor dependent’s case plan, updated every six months,
13that describes the goals and objectives of how the nonminor will
14make progress in the transition to living independently and assume
15incremental responsibility for adult decisionmaking, the
16collaborative efforts between the nonminor and the social worker,
17probation officer, or Indian tribal placing entity and the supportive
18services as described in the transitional independent living plan
19(TILP) to ensure active and meaningful participation in one or
20more of the eligibility criteria described in paragraphs (1) to (5),
21inclusive, of subdivision (b) of Section 11403, the nonminor’s
22appropriate supervised placement setting, and the nonminor’s
23permanent plan for transition to living independently, which
24includes maintaining or obtaining permanent connections to caring
25and committed adults, as set forth in paragraph (16) of subdivision
26(f) of Section 16501.1.
27(z) “Voluntary reentry agreement” means a written voluntary
28agreement between a former dependent child or ward or a former
29nonminor dependent, who has had juvenile court jurisdiction
30terminated pursuant to Section 391, 452 or 607.2, and the county
31welfare or probation department or tribal placing entity that
32 documents the nonminor’s desire and willingness to reenter foster
33care, to be placed in a supervised setting under the placement and
34care responsibility of the placing agency, the nonminor’s desire,
35willingness, and ability to immediately participate in one or more
36of the conditions of paragraphs (1) to (5), inclusive, of subdivision
37(b) of Section 11403, the nonminor’s agreement to work
38collaboratively with the placing agency to develop his or her
39transitional independent living case plan within 60 days of reentry,
40the nonminor’s agreement to report any changes of circumstances
P32 1relevant to continued eligibility for foster care payments, and (1)
2the nonminor’s agreement to participate in the filing of a petition
3for juvenile court jurisdiction as a nonminor dependent pursuant
4to subdivision (e) of Section 388 within 15 judicial days of the
5signing of the agreement and the placing agency’s efforts and
6supportive services to assist the nonminor in the reentry process,
7or (2) if the nonminor meets the definition of a nonminor former
8dependent or ward, as described in subdivision (aa), the nonminor’s
9agreement to return to the care and support of his or her former
10juvenile court-appointed guardian and meet the eligibility criteria
11for AFDC-FC pursuant to subdivision (e) of Section 11405.
12(aa) “Nonminor former dependent or ward” means, on and after
13January 1, 2012, either of the following:
14(1) A nonminor who reached 18 years of age while subject to
15an order for foster care placement, and for whom dependency,
16delinquency, or transition jurisdiction has been terminated, and
17who is still under the general jurisdiction of the court.
18(2) A nonminor who is over 18 years of age and, while a minor,
19was a dependent child or ward of the juvenile court when the
20guardianship was established pursuant to Section 360 or 366.26,
21or subdivision (d), of Section 728 and the juvenile court
22dependency or wardship was dismissed following the establishment
23of the guardianship.
24(ab) “Transition dependent” is a minor between 17 years and
25five months and 18 years of age who is subject to the court’s
26transition jurisdiction under Section 450.
Section 11403 of the Welfare and Institutions Code is
29amended to read:
(a) It is the intent of the Legislature to exercise the
31option afforded states under Section 475(8) (42 U.S.C. Sec.
32675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
33federal Social Security Act, as contained in the federal Fostering
34Connections to Success and Increasing Adoptions Act of 2008
35(Public Law 110-351), to receive federal financial participation
36for nonminor dependents of the juvenile court who satisfy the
37conditions of subdivision (b), consistent with their transitional
38independent living case plan. Effective January 1, 2012, these
39nonminor dependents shall be eligible to receive support up to 19
40years of age, effective January 1, 2013, up to 20 years of age, and
P33 1effective January 1, 2014, up to 21 years of age, consistent with
2their transitional independent living case plan and as described in
3 Section 10103.5. It is the intent of the Legislature both at the time
4of initial determination of the nonminor dependent’s eligibility
5and throughout the time the nonminor dependent is eligible for aid
6pursuant to this section, that the social worker or probation officer
7or Indian tribal placing entity and the nonminor dependent shall
8work together to ensure the nonminor dependent’s ongoing
9eligibility. All case planning shall be a collaborative effort between
10the nonminor dependent and the social worker, probation officer,
11or Indian tribe, with the nonminor dependent assuming increasing
12levels of responsibility and independence.
13(b) A nonminor dependent receiving aid pursuant to this chapter,
14who satisfies the age criteria set forth in subdivision (a), shall meet
15the legal authority for placement and care by being under a foster
16care placement order by the juvenile court, or the voluntary reentry
17agreement as set forth in subdivision (z) of Section 11400, and is
18otherwise eligible for AFDC-FC payments pursuant to Section
1911401. A nonminor who satisfies the age criteria set forth in
20subdivision (a), and who is otherwise eligible, shall continue to
21receive CalWORKs payments pursuant to Section 11253 or, as a
22nonminor former dependent or ward, aid pursuant to Kin-GAP
23under Article 4.5 (commencing with Section 11360) or Article 4.7
24(commencing with Section 11385) or adoption assistance payments
25as specified in Chapter 2.1 (commencing with Section 16115) of
26Part 4. Effective January 1, 2012, a nonminor former dependent
27child or ward of the juvenile court who is receiving AFDC-FC
28benefits pursuant to Section 11405 and who satisfies the criteria
29set forth in subdivision (a) shall be eligible to continue to receive
30aid as long as the nonminor is otherwise eligible for AFDC-FC
31benefits under this subdivision. This subdivision shall apply when
32one or more of the following conditions exist:
33(1) The nonminor is completing secondary education or a
34program leading to an equivalent credential.
35(2) The nonminor is enrolled in an institution which provides
36postsecondary or vocational education.
37(3) The nonminor is participating in a program or activity
38designed to promote, or remove barriers to employment.
39(4) The nonminor is employed for at least 80 hours per month.
P34 1(5) The nonminor is incapable of doing any of the activities
2described in subparagraphs (1) to (4), inclusive, due to a medical
3condition, and that incapability is supported by regularly updated
4information in the case plan of the nonminor. The requirement to
5update the case plan under this section shall not apply to nonminor
6former dependents or wards in receipt of Kin-GAP program or
7Adoption Assistance Program payments.
8(c) The county child welfare or probation department, Indian
9tribe, consortium of tribes, or tribal organization that has entered
10into an agreement pursuant to Section 10553.1, shall work together
11with a nonminor dependent who is in foster care on his or her 18th
12birthday and thereafter or a nonminor former dependent receiving
13aid pursuant to Section 11405, to satisfy one or more of the
14conditions described in paragraphs (1) to (5), inclusive, of
15subdivision (b) and shall certify the nonminor’s applicable
16condition or conditions in the nonminor’s six-month transitional
17independent living case plan update, and provide the certification
18to the eligibility worker and to the court at each six-month case
19plan review hearing for the nonminor dependent. Relative
20guardians who receive Kin-GAP payments and adoptive parents
21who receive adoption assistance payments shall be responsible for
22reporting to the county welfare agency that the nonminor does not
23satisfy at least one of the conditions described in subdivision (b).
24The social worker, probation officer, or tribal entity shall verify
25and obtain assurances that the nonminor dependent continues to
26satisfy at least one of the conditions in paragraphs (1) to (5),
27inclusive, of subdivision (b) at each six-month transitional
28independent living case plan update. The six-month case plan
29update shall certify the nonminor’s eligibility pursuant to
30subdivision (b) for the next six-month period. During the six-month
31certification period, the payee and nonminor shall report any
32change in placement or other relevant changes in circumstances
33that may affect payment. The nonminor dependent, or nonminor
34former dependent receiving aid pursuant to subdivision (e) of
35Section 11405, shall be informed of all due process requirements,
36in accordance with state and federal law, prior to an involuntary
37termination of aid, and shall simultaneously be provided with a
38written explanation of how to exercise his or her due process rights
39and obtain referrals to legal assistance. Any notices of action
40regarding eligibility shall be sent to the nonminor dependent or
P35 1former dependent, his or her counsel, as applicable, and the placing
2worker, in addition to any other payee. Payments of aid pursuant
3to Kin-GAP under Article 4.5 (commencing with Section 11360)
4or Article 4.7 (commencing with Section 11385), adoption
5assistance payments as specified in Chapter 2.1 (commencing with
6Section 16115) of Part 4, or aid pursuant to subdivision (e) of
7Section 11405 that are made on behalf of a nonminor former
8dependent shall terminate subject to the terms of the agreements.
9Subject to federal approval of amendments to the state plan, aid
10payments may be suspended and resumed based on changes of
11circumstances that affect eligibility. Nonminor former dependents,
12as identified in paragraph (2) of subdivision (aa) of Section 11400,
13are not eligible for reentry under subdivision (e) of Section 388 as
14 nonminor dependents under the jurisdiction of the juvenile court,
15unless (1) the nonminor former dependent was receiving aid
16pursuant to Kin-GAP under Article 4.5 (commencing with Section
1711360) or Article 4.7 (commencing with Section 11385) or the
18nonminor former dependent was receiving aid pursuant to
19subdivision (e) of Section 11405 or the nonminor was receiving
20adoption assistance payments as specified in Chapter 2.1
21(commencing with Section 16115) of Part 3 and (2) the nonminor’s
22former guardian or adoptive parent dies after the nonminor turns
2318 years of age but before the nonminor turns 21 years of age.
24Nonminor former dependents requesting the resumption of
25AFDC-FC payments pursuant to subdivision (e) of Section 11405
26shall complete the applicable portions of the voluntary reentry
27agreement, as described in subdivision (z) of Section 11400.
28(d) A nonminor dependent may receive all of the payment
29directly provided that the nonminor is living independently in a
30supervised placement, as described in subdivision (w) of Section
3111400, and that both the youth and the agency responsible for the
32foster care placement have signed a mutual agreement, as defined
33in subdivision (u) of Section 11400, if the youth is capable of
34making an informed agreement, that documents the continued need
35for supervised out-of-home placement, and the nonminor’s and
36social worker’s or probation officer’s agreement to work together
37to facilitate implementation of the mutually developed supervised
38placement agreement and transitional independent living case plan.
39(e) Eligibility for aid under this section shall not terminate until
40the nonminor dependent attains the age criteria, as set forth in
P36 1subdivision (a), but aid may be suspended when the nonminor
2dependent no longer resides in an eligible facility, as described in
3Section 11402, or is otherwise not eligible for AFDC-FC benefits
4under Section 11401, or terminated at the request of the nonminor,
5or after a court terminates dependency jurisdiction pursuant to
6Section 391, delinquency jurisdiction pursuant to Section 607.2,
7or transition jurisdiction pursuant to Section 452. AFDC-FC
8benefits to nonminor dependents, may be resumed at the request
9of the nonminor by completing a voluntary reentry agreement
10pursuant to subdivision (z) of Section 11400, before or after the
11filing of a petition filed pursuant to subdivision (e) of Section 388
12after a court terminates dependency or transitional jurisdiction
13pursuant to Section 391, or delinquency jurisdiction pursuant to
14Section 607.2. The county welfare or probation department or
15Indian tribal entity that has entered into an agreement pursuant to
16Section 10553.1 shall complete the voluntary reentry agreement
17with the nonminor who agrees to satisfy the criteria of the
18agreement, as described in subdivision (z) of Section 11400. The
19county welfare department or tribal entity shall establish a new
20child-only Title IV-E eligibility determination based on the
21nonminor’s completion of the voluntary reentry agreement pursuant
22to Section 11401. The beginning date of aid for either federal or
23state AFDC-FC for a reentering nonminor who is placed in foster
24care is the date the voluntary reentry agreement is signed or the
25nonminor is placed, whichever is later. The county welfare
26department, county probation department, or tribal entity shall
27provide a nonminor dependent who wishes to continue receiving
28aid with the assistance necessary to meet and maintain eligibility.
29(f) (1) The county having jurisdiction of the nonminor
30dependent shall remain the county of payment under this section
31regardless of the youth’s physical residence. Nonminor former
32dependents receiving aid pursuant to subdivision (e) of Section
3311405 shall be paid by their county of residence. Counties may
34develop courtesy supervision agreements to provide case
35management and independent living services by the county of
36residence pursuant to the nonminor dependent’s transitional
37independent living case plan. Placements made out of state are
38subject to the applicable requirements of the Interstate Compact
39on Placement of Children, pursuant to Part 5 (commencing with
40Section 7900) of Division 12 of the Family Code.
P37 1(2) The county
welfare department, county probation
2department, or tribal entity shall notify all foster youth who attain
316 years of age and are under the jurisdiction of that county or
4tribe, including those receiving Kin-GAP, and AAP, of the
5existence of the aid prescribed by this section.
6(3) The department shall seek any waiver to amend its Title
7IV-E State Plan with the Secretary of the United States Department
8of Health and Human Services necessary to implement this section.
9(g) (1) Subject to paragraph (3), a county shall pay the
10nonfederal share of the cost of extending aid pursuant to this
11section to eligible nonminor dependents who have reached 18
12years of age and who are under the jurisdiction of the county,
13including AFDC-FC payments pursuant to Section 11401, aid
14pursuant to Kin-GAP under Article 4.7 (commencing with Section
1511385), adoption assistance payments as specified in Chapter 2.1
16(commencing with Section 16115) of Part 4, and aid pursuant to
17Section 11405 for nonminor dependents who are residing in the
18county as provided in paragraph (1) of subdivision (f). A county
19shall contribute to the CalWORKs payments pursuant to Section
2011253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
21with Section 11360) at the statutory sharing ratios in effect on
22January 1, 2012.
23(2) Subject to paragraph (3), a county shall pay the nonfederal
24share of the cost of providing permanent placement services
25pursuant to subdivision (c) of Section 16508 and administering
26the Aid to Families with Dependent Children Foster Care program
27pursuant to Section 15204.9. For purposes of budgeting, the
28department shall use a standard for the permanent placement
29services that is equal to the midpoint between the budgeting
30standards for family maintenance services and family reunification
32(3) (A) (i) Notwithstanding any other provision of law, a
33county’s required total contribution pursuant to paragraphs (1) and
34(2), excluding costs incurred pursuant to Section 10103.5, shall
35not exceed the amount of savings in Kin-GAP assistance grant
36expenditures realized by the county from the receipt of federal
37funds due to the implementation of Article 4.7 (commencing with
38Section 11385), and the amount of funding specifically included
39in the Protective Services Subaccount within the Support Services
40Account within the Local Revenue Fund 2011, plus any associated
P38 1growth funding from the Support Services Growth Subaccount
2within the Sales and Use Tax Growth Account to pay the costs of
3extending aid pursuant to this section.
4(ii) A county, at its own discretion, may expend additional funds
5beyond the amounts identified in clause (i). These additional
6amounts shall not be included in any cost and savings calculations
7or comparisons performed pursuant to this section.
8(B) Beginning in the 2011-12 fiscal year, and for each fiscal
9year thereafter, funding and expenditures for programs and
10activities under this section shall be in accordance with the
11requirements provided in Sections 30025 and 30026.5 of the
12 Government Code. In addition, the following are available to the
13counties for the purpose of funding costs pursuant to this section:
14(i) The savings in Kin-GAP assistance grant expenditures
15realized from the receipt of federal funds due to the implementation
16of Article 4.7 (commencing with Section 11385).
17(ii) The savings realized from the change in federal funding for
18adoption assistance resulting from the enactment of Public Law
19110-351 and consistent with subdivision (d) of Section 16118.
20(4) (A) The limit on the county’s total contribution pursuant to
21paragraph (3) shall be assessed by the State Department of Social
22Services, in conjunction with the California State Association of
23Counties, in 2015-16, to determine if it shall be removed. The
24assessment of the need for the limit shall be based on a
25determination on a statewide basis of whether the actual county
26costs of providing extended care pursuant to this section, excluding
27costs incurred pursuant to Section 10103.5, are fully funded by
28the amount of savings in Kin-GAP assistance grant expenditures
29realized by the counties from the receipt of federal funds due to
30the implementation of Article 4.7 (commencing with Section
3111385) and the amount of funding specifically included in the
32Protective Services Subaccount within the Support Services
33Account within the Local Revenue Fund 2011 plus any associated
34growth funding from the Support Services Growth Subaccount
35within the Sales and Use Tax Growth Account to pay the costs of
36extending aid pursuant to this section.
the assessment pursuant to subparagraph (A) shows that
38the statewide total costs of extending aid pursuant to this section,
39excluding costs incurred pursuant to Section 10103.5, are fully
40funded by the amount of savings in Kin-GAP assistance grant
P39 1expenditures realized by the counties from the receipt of federal
2funds due to the implementation of Article 4.7 (commencing with
3Section 11385) and the amount of funding specifically included
4in the Protective Services Subaccount within the Support Services
5Account within the Local Revenue Fund 2011 plus any associated
6growth funding from the Support Services Growth Subaccount
7within the Sales and Use Tax Growth Account to pay the costs of
8extending aid pursuant to this section, the Department of Finance
9shall certify that fact, in writing, and shall post the certification on
10its Internet Web site, at which time subparagraph (A) of paragraph
11(3) shall no longer be implemented.
12(h) It is the intent of the Legislature that no county currently
13participating in the Child Welfare Demonstration Capped
14Allocation Project be adversely impacted by the department’s
15exercise of its option to extend foster care benefits pursuant to
16Section 673(a)(4) and Section 675(8) of Title 42 of the United
17States Code in the federal Social Security Act, as contained in the
18federal Fostering Connections to Success and Increasing Adoptions
19Act of 2008 (Public Law 110-351). Therefore, the department shall
20negotiate with the United States Department of Health and Human
21Services on behalf of those counties that are currently participating
22in the demonstration project to ensure that those counties receive
23reimbursement for these new programs outside of the provisions
24of those counties’ waiver under Subtitle IV-E (commencing with
25Section 470) of the federal Social Security Act (42 U.S.C. Sec.
26670 et seq.).
27(i) The department, on or before July 1, 2013, shall develop
28regulations to implement this section in consultation with
29concerned stakeholders, including, but not limited to,
30representatives of the Legislature, the County Welfare Directors
31Association, the Chief Probation Officers of California, the Judicial
32Council, representatives of Indian tribes, the California Youth
33Connection, former foster youth, child advocacy organizations,
34labor organizations, juvenile justice advocacy organizations, foster
35caregiver organizations, and researchers. In the development of
36these regulations, the department shall consider its Manual of
37Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
38and 917, as guidelines for developing regulations that are
39appropriate for young adults who can exercise incremental
40responsibility concurrently with their growth and development.
P40 1The department, in its consultation with stakeholders, shall take
2into consideration the impact to the Automated Child Welfare
3Services Case Management Services (CWS-CMS) and required
4modifications needed to accommodate eligibility determination
5under this section, benefit issuance, case management across
6counties, and recognition of the legal status of nonminor
7dependents as adults, as well as changes to data tracking and
8reporting requirements as required by the Child Welfare System
9Improvement and Accountability Act as specified in Section
1010601.2, and federal outcome measures as required by the federal
11John H. Chafee Foster Care Independence Program (42 U.S.C.
12Sec. 677(f)). In addition, the department, in its consultation with
13stakeholders, shall define the supervised independent living setting
14which shall include, but not be limited to, apartment living, room
15and board arrangements, college or university dormitories, and
16shared roommate settings, and define how those settings meet
17health and safety standards suitable for nonminors. The department,
18in its consultation with stakeholders, shall define the six-month
19certification of the conditions of eligibility pursuant to subdivision
20(b) to be consistent with the flexibility provided by federal policy
21guidance, to ensure that there are ample supports for a nonminor
22to achieve the goals of his or her transition independent living case
23plan. The department, in its consultation with stakeholders, shall
24ensure that notices of action and other forms created to inform the
25nonminor of due process rights and how to access them shall be
26developed, using language consistent with the special needs of the
27nonminor dependent population.
28(j) Notwithstanding the Administrative Procedure Act, Chapter
293.5 (commencing with Section 11340) of Part 1 of Division 3 of
30Title 2 of the Government Code, the department shall prepare for
31implementation of the applicable provisions of this section by
32publishing, after consultation with the stakeholders listed in
33subdivision (i), all-county letters or similar instructions from the
34director by October 1, 2011, to be effective January 1, 2012.
35Emergency regulations to implement the applicable provisions of
36this act may be adopted by the director in accordance with the
37Administrative Procedure Act. The initial adoption of the
38emergency regulations and one readoption of the emergency
39regulations shall be deemed to be an emergency and necessary for
40the immediate preservation of the public peace, health, safety, or
P41 1general welfare. Initial emergency regulations and the first
2readoption of those emergency regulations shall be exempt from
3review by the Office of Administrative Law. The emergency
4regulations authorized by this section shall be submitted to the
5Office of Administrative Law for filing with the Secretary of State
6and shall remain in effect for no more than 180 days.
7(k) This section shall become operative on January 1, 2012.
Section 11405 of the Welfare and Institutions Code is
10amended to read:
(a) Except for nonminors described in paragraph (2)
12of subdivision (e) and in subdivision (f), AFDC-FC benefits shall
13be paid to an otherwise eligible child living with a nonrelated legal
14guardian, provided that the legal guardian cooperates with the
15county welfare department in all of the following:
16(1) Developing a written assessment of the child’s needs.
17(2) Updating the assessment no less frequently than once every
19(3) Carrying out the case plan developed by the county.
for nonminors described in paragraph (2) of
21subdivision (e) and in subdivision (f), when AFDC-FC is applied
22for on behalf of a child living with a nonrelated legal guardian the
23county welfare department shall do all of the following:
24(1) Develop a written assessment of the child’s needs.
25(2) Update those assessments no less frequently than once every
27(3) Develop a case plan that specifies how the problems
28identified in the assessment are to be addressed.
29(4) Make visits to the child as often as appropriate, but in no
30event less often than once every six months.
31(c) Where the child is a parent and
has a child living with him
32or her in the same eligible facility, the assessment required by
33paragraph (1) of subdivision (a) shall include the needs of his or
35(d) Nonrelated legal guardians of eligible children who are in
36receipt of AFDC-FC payments described in this section shall be
37exempt from the requirement to register with the Statewide
38Registry of Private Professional Guardians pursuant to Sections
392850 and 2851 of the Probate Code.
P42 1(e) (1) On and after January 1, 2012, a nonminor youth whose
2nonrelated guardianship was ordered in juvenile court pursuant to
3Section 360 or 366.26, and whose dependency was dismissed,
4shall remain eligible for AFDC-FC benefits until the youth attains
519 years of age, effective January 1, 2013, until the youth attains
620 years of age, and effective January 1, 2014, until the youth
7attains 21 years of age, provided that the youth enters into a mutual
8agreement with the agency responsible for his or her guardianship,
9and the youth is meeting the conditions of eligibility, as described
10in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
12(2) A nonminor former dependent or ward as defined in
13paragraph (2) of subdivision (aa) of Section 11400 shall be eligible
14for benefits under this section until the youth attains 21 years of
15age if all of the following conditions are met:
16(A) The nonminor former dependent or ward attained 18 years
17of age while in receipt of Kin-GAP benefits pursuant to Article
184.7 (commencing with Section 11385).
19(B) The nonminor’s relationship to the kinship guardian is
20defined in paragraph (2), (3), or (4) of subdivision (c) of Section
22(C) The nonminor was under 16 years of age at the time the
23Kin-GAP negotiated agreement payments commenced.
24(D) The guardian continues to be responsible for the support of
26(E) The nonminor otherwise is meeting the conditions of
27eligibility, as described in paragraphs (1) to (5), inclusive, of
28subdivision (b) of Section 11403.
29(f) On or after January 1, 2012, a child whose nonrelated
30guardianship was ordered in probate court pursuant Article 2
31(commencing with Section 1510) of Chapter 1 of Part 2 of Division
324 of the Probate Code, who is attending high school or the
33equivalent level of vocational or technical training on a full-time
34basis, or who is in the process of pursuing a high school
35equivalency certificate prior to his or her 18th birthday may
36continue to receive aid following his or her 18th birthday as long
37as the child continues to reside in the guardian’s home, remains
38otherwise eligible for AFDC-FC benefits and continues to attend
39high school or the equivalent level of vocational or technical
40training on a full-time basis, or continues to pursue a high school
P43 1equivalency certificate, and the child may reasonably be expected
2to complete the educational or training program or to receive a
3high school equivalency certificate, before his or her 19th birthday.
4Aid shall be provided to an individual pursuant to this section
5provided that both the individual and the agency responsible for
6the foster care placement have signed a mutual agreement, if the
7individual is capable of making an informed agreement,
8documenting the continued need for out-of-home placement.
9(g) (1) For cases in which a guardianship was established on
10or before June 30, 2011, or the date specified in a final order, for
11which the time for appeal has passed, issued by a court of
12competent jurisdiction in California State Foster Parent
13Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct.
14No. C 07-05086 WHA), whichever is earlier, the AFDC-FC
15payment described in this section shall be the foster family home
16rate structure in effect prior to the effective date specified in the
17order described in this paragraph.
18(2) For cases in which guardianship has been established on or
19after July 1, 2011, or the date specified in the order described in
20paragraph (1), whichever is earlier, the AFDC-FC payments
21described in this section shall be the basic foster family home rate
22set forth in paragraph (1) of subdivision (g) of Section 11461.
23(3) Beginning with the 2011-12 fiscal year, the AFDC-FC
24payments identified in this subdivision shall be adjusted annually
25by the percentage change in the California Necessities Index rate
26as set forth in paragraph (2) of subdivision (g) of Section 11461.
27(h) In addition to the AFDC-FC rate paid, all of the following
28also shall be paid:
29(1) A specialized care increment, if applicable, as set forth in
30subdivision (e) of Section 11461.
31(2) A clothing allowance, as set forth in subdivision (f) of
33(3) For a child eligible for an AFDC-FC payment who is a teen
34parent, the rate shall include the two hundred dollar ($200) monthly
35payment made to the relative caregiver in a whole family foster
36home pursuant to paragraph (3) of subdivision (d) of Section
Section 16120 of the Welfare and Institutions Code is
40amended to read:
A child shall be eligible for Adoption Assistance
2Program benefits if all of the conditions specified in subdivisions
3(a) to (l), inclusive, are met or if the conditions specified in
4subdivision (m) are met.
5(a) It has been determined that the child cannot or should not
6be returned to the home of his or her parents as evidenced by a
7petition for termination of parental rights, a court order terminating
8parental rights, or a signed relinquishment, or, in the case of a
9tribal customary adoption, if the court has given full faith and
10credit to a tribal customary adoption order as provided for pursuant
11to paragraph (2) of subdivision (e) of Section 366.26, or, in the
12case of a nonminor dependent the court has dismissed dependency
13or transitional jurisdiction subsequent to the approval of the
14nonminor dependent, adoption petition pursuant to subdivision (f)
15of Section 366.31.
16(b) The child has at least one of the following characteristics
17that are barriers to his or her adoption:
18(1) Adoptive placement without financial assistance is unlikely
19because of membership in a sibling group that should remain intact
20or by virtue of race, ethnicity, color, language, age of three years
21or older, or parental background of a medical or behavioral nature
22that can be determined to adversely affect the development of the
24(2) Adoptive placement without financial assistance is unlikely
25because the child has a mental, physical, emotional, or medical
26disability that has been certified by a licensed professional
27competent to make an assessment and operating within the scope
28of his or her profession. This paragraph shall also apply to children
29with a developmental disability, as defined in subdivision (a) of
30Section 4512, including those determined to require out-of-home
31nonmedical care, as described in Section 11464.
32(c) The need for an adoption subsidy is evidenced by an
33unsuccessful search for an adoptive home to take the child without
34financial assistance, as documented in the case file of the
35prospective adoptive child. The requirement for this search shall
36be waived when it would be against the best interest of the child
37because of the existence of significant emotional ties with
38prospective adoptive parents while in the care of these persons as
39a foster child.
40(d) The child satisfies any of the following criteria:
P45 1(1) He or she is under 18 years of age.
2(2) He or she is under 21 years of age and has a mental or
3physical handicap that warrants the continuation of assistance.
4(3) Effective January 1, 2012, he or she is under 19 years of
5age, effective January 1, 2013, he or she is under 20 years of age,
6and effective January 1, 2014, he or she is under 21 years of age
7and as described in Section 10103.5, and has attained 16 years of
8age before the adoption assistance agreement became effective,
9and one or more of the conditions specified in paragraphs (1) to
10(5), inclusive, of subdivision (b) of Section 11403 applies.
11(e) The adoptive family is responsible for the child pursuant to
12the terms of an adoptive placement agreement or a final decree of
13adoption and has signed an adoption assistance agreement.
14(f) The adoptive family is legally responsible for the support of
15the child and the child is receiving support from the adoptive
17(g) The department or the county responsible for determining
18the child’s Adoption Assistance Program eligibility status and for
19providing financial aid, and the prospective adoptive parent, prior
20to or at the time the adoption decree is issued by the court, have
21signed an adoption assistance agreement that stipulates the need
22for, and the amount of, Adoption Assistance Program benefits.
23(h) The prospective adoptive parent or any adult living in the
24prospective adoptive home has completed the criminal background
25check requirements pursuant to Section 671(a)(20)(A) and (C) of
26Title 42 of the United States Code.
27(i) To be eligible for state funding, the child is the subject of an
28agency adoption, as defined in Section 8506 of the Family Code,
29and was any of the following:
30(1) Under the supervision of a county welfare department as
31the subject of a legal guardianship or juvenile court dependency.
32(2) Relinquished for adoption to a licensed California private
33or public adoption agency, or another public agency operating a
34Title IV-E program on behalf of the state, and would have
35otherwise been at risk of dependency as certified by the responsible
36public child welfare agency.
37(3) Committed to the care of the department pursuant to Section
388805 or 8918 of the Family Code.
39(4) The child is an Indian child and the subject of an order of
40adoption based on tribal customary adoption of an Indian child,
P46 1as described in Section 366.24. Notwithstanding Section 8600.5
2of the Family Code, for purposes of this subdivision a tribal
3customary adoption shall be considered an agency adoption.
4(j) To be eligible for federal funding, in the case of a child who
5is not an applicable child for the federal fiscal year as defined in
6subdivision (n), the child satisfies any of the following criteria:
7(1) Prior to the finalization of an agency adoption, as defined
8in Section 8506 of the Family Code, or an independent adoption,
9as defined in Section 8524 of the Family Code, is filed, the child
10has met the requirements to receive federal supplemental security
11income benefits pursuant to Subchapter 16 (commencing with
12Section 1381) of Chapter 7 of Title 42 of the United States Code,
13as determined and documented by the federal Social Security
15(2) The child was removed from the home of a specified relative
16 and the child would have been AFDC eligible in the home of
17removal according to Section 606(a) or 607 of Title 42 of the
18United States Code, as those sections were in effect on July 16,
191996, in the month of the voluntary placement agreement or in the
20month court proceedings are initiated to remove the child, resulting
21in a judicial determination that continuation in the home would be
22contrary to the child’s welfare. The child must have been living
23with the specified relative from whom he or she was removed
24within six months of the month the voluntary placement agreement
25was signed or the petition to remove was filed.
26(3) The child was voluntarily relinquished to a licensed public
27or private adoption agency, or another public agency operating a
28Title IV-E program on behalf of the state, and there is a petition
29to the court to remove the child from the home within six months
30of the time the child lived with a specified relative and a subsequent
31 judicial determination that remaining in the home would be
32contrary to the child’s welfare.
33(4) Title IV-E foster care maintenance was paid on behalf of
34the child’s minor parent and covered the cost of the minor parent’s
35child while the child was in the foster family home or child care
36institution with the minor parent.
37(5) The child is an Indian child and the subject of an order of
38adoption based on tribal customary adoption of an Indian child,
39as described in Section 366.24.
P47 1(k) To be eligible for federal funding, in the case of a child who
2is an applicable child for the federal fiscal year, as defined in
3subdivision (n), the child meets any of the following criteria:
4(1) At the time of initiation of adoptive proceedings was in the
5care of a public or licensed private child placement agency or
6Indian tribal organization pursuant to either of the following:
7(A) An involuntary removal of the child from the home in
8accordance with a judicial determination to the effect that
9continuation in the home would be contrary to the welfare of the
11(B) A voluntary placement agreement or a voluntary
13(2) He or she meets all medical or disability requirements of
14Title XVI with respect to eligibility for supplemental security
16(3) He or she was residing in a foster family home or a child
17care institution with the child’s minor parent, and the child’s minor
18parent was in the foster family home or child care institution
19pursuant to either of the following:
20(A) An involuntary removal of the child from the home in
21accordance with a judicial determination to the effect that
22continuation in the home would be contrary to the welfare of the
24(B) A voluntary placement agreement or voluntary
26(4) The child is an Indian child and the subject of an order of
27adoption based on tribal customary adoption of an Indian child,
28as described in Section 366.24.
29(5) The nonminor dependent, as described in subdivision (v) of
30Section 11400, is the subject of an adoption pursuant to subdivision
31(f) of Section 366.31.
32(l) The child is a citizen of the United States or a qualified alien
33as defined in Section 1641 of Title 8 of the United States Code. If
34the child is a qualified alien who entered the United States on or
35after August 22, 1996, and is placed with an unqualified alien, the
36child must meet the five-year residency requirement pursuant to
37Section 673(a)(2)(B) of Title 42 of the United States Code, unless
38the child is a member of one of the excepted groups pursuant to
39Section 1612(b) of Title 8 of the United States Code.
P48 1(m) A child or nonminor shall be eligible for Adoption
2Assistance Program benefits if the following conditions are met:
3(1) The child or
nonminor received Adoption Assistance
4Program benefits with respect to a prior adoption and the child or
5nonminor is again available for adoption because the prior adoption
6was dissolved and the parental rights of the adoptive parents were
7terminated or because the child’s or nonminor’s adoptive parents
8died and the child or nonminor meets the special needs criteria
9described in subdivisions (a) to (c), inclusive. When a nonminor
10is receiving Adoption Assistance Program benefits after 18 years
11of age and the nonminor’s adoptive parents die, the juvenile court
12may resume dependency jurisdiction over the nonminor pursuant
13to subdivision (e) of Section 388.
14(2) To receive federal funding, the citizenship requirements in
16(n) (1) Except as
provided in this subdivision, “applicable child”
17means a child for whom an adoption assistance agreement is
18entered into under this section during any federal fiscal year
19described in this subdivision if the child attained the applicable
20age for that federal fiscal year before the end of that federal fiscal
22(A) For federal fiscal year 2010, the applicable age is 16 years.
23(B) For federal fiscal year 2011, the applicable age is 14 years.
24(C) For federal fiscal year 2012, the applicable age is 12 years.
25(D) For federal fiscal year 2013, the applicable age is 10 years.
26(E) For federal fiscal year 2014, the applicable age is eight years.
27(F) For federal fiscal year 2015, the applicable age is six years.
28(G) For federal fiscal year 2016, the applicable age is four years.
29(H) For federal fiscal year 2017, the applicable age is two years.
30(I) For federal fiscal year 2018 and thereafter, any age.
31(2) Beginning with the 2010 federal fiscal year, the term
32“applicable child” shall include a child of any age on the date on
33which an adoption assistance agreement is entered into on behalf
34of the child under this section if the child meets both of the
36(A) He or she has been in foster care under the responsibility
37of the state for at least 60 consecutive months.
38(B) He or she meets the requirements of subdivision (k).
39(3) Beginning with the 2010 federal fiscal year, an applicable
40child shall include a child of any age on the date that an adoption
P49 1assistance agreement is entered into on behalf of the child under
2this section, without regard to whether the child is described in
3paragraph (2), if the child meets all of the following criteria:
4(A) He or she is a sibling of a child who is an applicable child
5for the federal fiscal year, under subdivision (n) or paragraph (2).
6(B) He or she is to be placed in the
same adoption placement
7as an “applicable child” for the federal fiscal year who is their
9(C) He or she meets the requirements of subdivision (k).
(a) (1) The Legislature finds and declares that the
13foundation and central unifying tool in child welfare services is
14the case plan.
15(2) The Legislature further finds and declares that a case plan
16ensures that the child receives protection and safe and proper care
17and case management, and that services are provided to the child
18and parents or other caretakers, as appropriate, in order to improve
19conditions in the parent’s home, to facilitate the safe return of the
20child to a safe home or the permanent placement of the child, and
21to address the needs of the child while in foster care.
22(b) (1) A case plan shall be based upon the principles of this
23section and shall document that a preplacement assessment of the
24service needs of the child and family, and preplacement preventive
25services, have been provided, and that reasonable efforts to prevent
26out-of-home placement have been made.
27(2) In determining the reasonable services to be offered or
28provided, the child’s health and safety shall be the paramount
30(3) Upon a determination pursuant to paragraph (1) of
31subdivision (e) of Section 361.5 that reasonable services will be
32offered to a parent who is incarcerated in a county jail or state
33prison, detained by the United States Department of Homeland
34Security, or deported to his or her country of origin, the case plan
35shall include information, to the extent possible, about a parent’s
36incarceration in a county jail or the state prison, detention by the
37United States Department of Homeland Security, or deportation
38during the time that a minor child of that parent is involved in
P50 1(4) Reasonable services shall be offered or provided to make it
2possible for a child to return to a safe home environment, unless,
3pursuant to subdivisions (b) and (e) of Section 361.5, the court
4determines that reunification services shall not be provided.
5(5) If reasonable services are not ordered, or are terminated,
6reasonable efforts shall be made to place the child in a timely
7manner in accordance with the permanent plan and to complete
8all steps necessary to finalize the permanent placement of the child.
9(c) (1) If out-of-home placement is used to attain case plan
10goals, the case plan shall include a description of the type of home
11or institution in which the child is to be placed, and the reasons
12for that placement decision. The decision regarding choice of
13placement shall be based upon selection of a safe setting that is
14the least restrictive or most family like and the most appropriate
15setting that is available and in close proximity to the parent’s home,
16proximity to the child’s school, and consistent with the selection
17of the environment best suited to meet the child’s special needs
18and best interests. The selection shall consider, in order of priority,
19placement with relatives, nonrelated extended family members,
20tribal members, and foster family homes, certified homes of foster
21family agencies, intensive treatment or multidimensional treatment
22foster care homes, group care placements, such as group homes
23and community treatment facilities, and residential treatment
24pursuant to Section 7950 of the Family Code.
25(2) If a group care placement is selected for a child, the case
26plan shall indicate the needs of the child that necessitate this
27placement, the plan for transitioning the child to a less restrictive
28environment, and the projected timeline by which the child will
29be transitioned to a less restrictive environment. This section of
30the case plan shall be reviewed and updated at least semiannually.
31(3) On or after January 1, 2012, for a nonminor dependent, as
32defined in subdivision (v) of Section 11400, who is receiving
33AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
34in addition to the above requirements, the selection of the
35placement, including a supervised independent living placement,
36as described in subdivision (w) of Section 11400, shall also be
37based upon the developmental needs of young adults by providing
38opportunities to have incremental responsibilities that prepare a
39nonminor dependent to transition to independent living. If
40admission to, or continuation in, a group home placement is being
P51 1considered for a nonminor dependent, the group home placement
2 approval decision shall include a youth-driven, team-based case
3planning process, as defined by the department, in consultation
4with stakeholders. The case plan shall consider the full range of
5placement options, and shall specify why admission to, or
6continuation in, a group home placement is the best alternative
7available at the time to meet the special needs or well-being of the
8nonminor dependent, and how the placement will contribute to the
9nonminor dependent’s transition to independent living. The case
10plan shall specify the treatment strategies that will be used to
11prepare the nonminor dependent for discharge to a less restrictive
12and more family-like setting, including a target date for discharge
13from the group home placement. The placement shall be reviewed
14and updated on a regular, periodic basis to ensure that continuation
15in the group home remains in the best interests of the nonminor
16dependent and that progress is being made in achieving case plan
17goals leading to independent living. The group home placement
18planning process shall begin as soon as it becomes clear to the
19county welfare department or probation office that a foster child
20in group home placement is likely to remain in group home
21placement on his or her 18th birthday, in order to expedite the
22transition to a less restrictive and more family-like setting if he or
23she becomes a nonminor dependent. The case planning process
24shall include informing the youth of all of his or her options,
25including, but not limited to, admission to or continuation in a
26group home placement. Consideration for continuation of existing
27group home placement for a nonminor dependent under 19 years
28of age may include the need to stay in the same placement in order
29to complete high school. After a nonminor dependent either
30completes high school or attains his or her 19th birthday, whichever
31is earlier, continuation in or admission to a group home is
32prohibited unless the nonminor dependent satisfies the conditions
33of paragraph (5) of subdivision (b) of Section 11403, and group
34home placement functions as a short-term transition to the
35appropriate system of care. Treatment services provided by the
36group home placement to the nonminor dependent to alleviate or
37ameliorate the medical condition, as described in paragraph (5) of
38subdivision (b) of Section 11403, shall not constitute the sole basis
39to disqualify a nonminor dependent from the group home
P52 1(4) In addition to the requirements of paragraphs (1) to (3),
2inclusive, and taking into account other statutory considerations
3regarding placement, the selection of the most appropriate home
4that will meet the child’s special needs and best interests shall also
5promote educational stability by taking into consideration
6proximity to the child’s school of origin, and school attendance
7area, the number of school transfers the child has previously
8experienced, and the child’s school matriculation schedule, in
9addition to other indicators of educational stability that the
10Legislature hereby encourages the State Department of Social
11Services and the State Department of Education to develop.
12(d) A written case plan shall be completed within a maximum
13of 60 days of the initial removal of the child or of the in-person
14response required under subdivision (f) of Section 16501 if the
15child has not been removed from his or her home, or by the date
16of the dispositional hearing pursuant to Section 358, whichever
17occurs first. The case plan shall be updated, as the service needs
18of the child and family dictate. At a minimum, the case plan shall
19be updated in conjunction with each status review hearing
20conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
21the hearing conducted pursuant to Section 366.26, but no less
22frequently than once every six months. Each updated case plan
23shall include a description of the services that have been provided
24to the child under the plan and an evaluation of the appropriateness
25and effectiveness of those services.
26(1) It is the intent of the Legislature that extending the maximum
27time available for preparing a written case plan from 30 to 60 days
28will afford caseworkers time to actively engage families, and to
29solicit and integrate into the case plan the input of the child and
30the child’s family, as well as the input of relatives and other
32(2) The extension of the maximum time available for preparing
33a written case plan from the 30 to 60 days shall be effective 90
34days after the date that the department gives counties written notice
35that necessary changes have been made to the Child Welfare
36Services Case Management System to account for the 60-day
37timeframe for preparing a written case plan.
38(e) The child welfare services case plan shall
39enough to meet the juvenile court dependency proceedings
P53 1requirements pursuant to Article 6 (commencing with Section 300)
2of Chapter 2 of Part 1 of Division 2.
3(f) The case plan shall be developed as follows:
4(1) The case plan shall be based upon an assessment of the
5circumstances that required child welfare services intervention.
6The child shall be involved in developing the case plan as age and
8(2) The case plan shall identify specific goals and the
9appropriateness of the planned services in meeting those goals.
10(3) The case plan shall identify the original allegations of abuse
11or neglect, as defined in Article 2.5 (commencing with Section
1211164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
13 conditions cited as the basis for declaring the child a dependent of
14the court pursuant to Section 300, or all of these, and the other
15precipitating incidents that led to child welfare services
17(4) The case plan shall include a description of the schedule of
begin delete social workerend delete contacts with the child and
19the family or other caretakers. The frequency of these contacts
20shall be in accordance with regulations adopted by the State
21Department of Social Services. If the child has been placed in
22foster care out of state, the county social worker or a social worker on the staff of the
begin delete social servicesend delete agency in the state in which the child has been
25placed shall visit the child in a foster family home or the home of
26a relative, consistent with federal law and in accordance with the
27department’s approved state plan. For children in out-of-state group
28home facilities, visits shall be conducted at least monthly, pursuant
29to Section 16516.5. At least once every six months, at the time of
30a regularly scheduled
begin delete social workerend delete contact with
31the foster child, the child’s social worker shall
32inform the child of his or her rights as a foster child, as specified
33in Section 16001.9. The social worker shall
34provide the information to the child in a manner appropriate to the
35age or developmental level of the child.
36(5) (A) When out-of-home services are used, the frequency of
37contact between the natural parents or legal guardians and the child
38shall be specified in the case plan. The frequency of those contacts
39shall reflect overall case goals, and consider other principles
40outlined in this section.
P54 1(B) Information regarding any court-ordered visitation between
2the child and the natural parents or legal guardians, and the terms
3and conditions needed to facilitate the visits while protecting the
4safety of the child, shall be provided to the child’s out-of-home
5caregiver as soon as possible after the court order is made.
6(6) When out-of-home placement is made, the case plan shall
7include provisions for the development and maintenance of sibling
8relationships as specified in subdivisions (b), (c), and (d) of Section
916002. If appropriate, when siblings who are dependents of the
10juvenile court are not placed together, the social worker for each
11child, if different, shall communicate with each of the other social
12workers and ensure that the child’s siblings are informed of
13significant life events that occur within their extended family.
14Unless it has been determined that it is inappropriate in a particular
15case to keep siblings informed of significant life events that occur
16within the extended family, the social worker shall determine the
17appropriate means and setting for disclosure of this information
18to the child commensurate with the child’s age and emotional
19well-being. These significant life events shall include, but shall
20not be limited to, the following:
21(A) The death of an immediate relative.
22(B) The birth of a sibling.
23(C) Significant changes regarding a dependent child, unless the
24child objects to the sharing of the information with his or her
25siblings, including changes in placement, major medical or mental
26health diagnoses, treatments, or hospitalizations, arrests, and
27changes in the permanent plan.
out-of-home placement is made in a foster family home,
29group home, or other child care institution that is either a
30substantial distance from the home of the child’s parent or out of
31state, the case plan shall specify the reasons why that placement
32is in the best interest of the child. When an out-of-state group home
33placement is recommended or made, the case plan shall, in
34addition, specify compliance with Section 7911.1 of the Family
36(8) Effective January 1, 2010, a case plan shall ensure the
37educational stability of the child while in foster care and shall
38include both of the following:
P55 1(A) An assurance that the placement takes into account the
2appropriateness of the current educational setting and the proximity
3to the school in which the child is enrolled at the time of placement.
4(B) An assurance that the
placement agency has coordinated
5with the person holding the right to make educational decisions
6for the child and appropriate local educational agencies to ensure
7that the child remains in the school in which the child is enrolled
8at the time of placement or, if remaining in that school is not in
9the best interests of the child, assurances by the placement agency
10and the local educational agency to provide immediate and
11appropriate enrollment in a new school and to provide all of the
12child’s educational records to the new school.
13(9) (A) If out-of-home services are used, or if parental rights
14have been terminated and the case plan is placement for adoption,
15the case plan shall include a recommendation regarding the
16appropriateness of unsupervised visitation between the child and
17any of the child’s siblings. This recommendation shall include a
18statement regarding the child’s and the siblings’ willingness to
19participate in unsupervised visitation. If the case plan includes a
20recommendation for unsupervised sibling visitation, the plan shall
21also note that information necessary to accomplish this visitation
22has been provided to the child or to the child’s siblings.
23(B) Information regarding the schedule and frequency of the
24visits between the child and siblings, as well as any court-ordered
25terms and conditions needed to facilitate the visits while protecting
26the safety of the child, shall be provided to the child’s out-of-home
27caregiver as soon as possible after the court order is made.
28(10) If out-of-home services are used and the goal is
29reunification, the case plan shall describe the services to be
30provided to assist in reunification and the services to be provided
31concurrently to achieve legal permanency if efforts to reunify fail.
32The plan shall also consider in-state and out-of-state placements,
33the importance of developing and maintaining sibling relationships
34pursuant to Section 16002, and the desire and willingness of the
35caregiver to provide legal permanency for the child if reunification
37(11) If out-of-home services are used, the child has been in care
38for at least 12 months, and the goal is not adoptive placement, the
39case plan shall include documentation of the compelling reason
40or reasons why termination of parental rights is not in the child’s
P56 1best interest. A determination completed or updated within the
2past 12 months by the department when it is acting as an adoption
3agency or by a licensed adoption agency that it is unlikely that the
4child will be adopted, or that one of the conditions described in
5paragraph (1) of subdivision (c) of Section 366.26 applies, shall
6be deemed a compelling reason.
7(12) (A) Parents and legal guardians shall have an opportunity
8to review the case plan, and to sign it whenever possible, and then
9shall receive a copy of the plan. In a voluntary service or placement
10agreement, the parents or legal guardians shall be required to
11review and sign the case plan. Whenever possible, parents and
12legal guardians shall participate in the development of the case
13plan. Commencing January 1, 2012, for nonminor dependents, as
14defined in subdivision (v) of Section 11400, who are receiving
15AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
16to Section 11403, the transitional independent living case plan, as
17set forth in subdivision (y) of Section 11400, shall be developed
18with, and signed by, the nonminor.
19(B) Parents and legal guardians shall be advised that, pursuant
20to Section 1228.1 of the Evidence Code, neither their signature on
21the child welfare services case plan nor their acceptance of any
22 services prescribed in the child welfare services case plan shall
23constitute an admission of guilt or be used as evidence against the
24parent or legal guardian in a court of law. However, they shall also
25be advised that the parent’s or guardian’s failure to cooperate,
26except for good cause, in the provision of services specified in the
27child welfare services case plan may be used in any hearing held
28pursuant to Section 366.21, 366.22, or 366.25 as evidence.
29(13) A child shall be given a meaningful opportunity to
30participate in the development of the case plan and state his or her
31preference for foster care placement. A child who is 12 years of
32age or older and in a permanent placement shall also be given the
33opportunity to review the case plan, sign the case plan, and receive
34a copy of the case plan.
35(14) The case plan shall be included in the court report and shall
36be considered by the court at the initial hearing and each review
37hearing. Modifications to the case plan made during the period
38between review hearings need not be approved by the court if the
39casework supervisor for that case determines that the modifications
40further the goals of the plan. If out-of-home services are used with
P57 1the goal of family reunification, the case plan shall consider and
2describe the application of subdivision (b) of Section 11203.
3(15) If the case plan has as its goal for the child a permanent
4plan of adoption or placement in another permanent home, it shall
5include a statement of the child’s wishes regarding their permanent
6placement plan and an assessment of those stated wishes. The
7agency shall also include documentation of the steps the agency
8is taking to find an adoptive family or other permanent living
9arrangements for the child; to place the child with an adoptive
10family, an appropriate and willing relative, a legal guardian, or in
11another planned permanent living arrangement; and to finalize the
12adoption or legal guardianship. At a minimum, the documentation
13shall include child-specific recruitment efforts, such as the use of
14state, regional, and national adoption exchanges, including
15electronic exchange systems, when the child has been freed for
16adoption. If the plan is for kinship guardianship, the case plan shall
17document how the child meets the kinship guardianship eligibility
19(16) (A) When appropriate, for a child who is 16 years of age
20or older and, commencing January 1, 2012, for a nonminor
21dependent, the case plan shall include the transitional independent
22living plan (TILP) a written description of the programs and
23services that will help the child, consistent with the child’s best
24interests, prepare for the transition from foster care to independent
25living, and, in addition, whether the youth has an in-progress
26 application pending for Title XVI Supplemental Security Income
27benefits or for Special Immigrant Juvenile Status or other
28applicable application for legal residency and an active dependency
29case is required for that application. When appropriate, for a
30nonminor dependent, the transitional independent living case plan,
31as described in subdivision (v) of Section 11400, shall include the
32TILP, a written description of the programs and services that will
33help the nonminor dependent, consistent with his or her best
34interests, to prepare for transition from foster care and assist the
35youth in meeting the eligibility criteria set forth in paragraphs (1)
36to (5), inclusive, of subdivision (b) Section 11403. If applicable,
37the case plan shall describe the individualized supervision provided
38in the supervised independent living placement as defined in
39subdivision (w) of Section 11400. The case plan shall be developed
40with the child or nonminor dependent and individuals identified
P58 1as important to the child or nonminor dependent, and shall include
2steps the agency is taking to ensure that the child or nonminor
3dependent achieves permanence, including maintaining or
4obtaining permanent connections to caring and committed adults.
5(B) During the 90-day period prior to the participant attaining
618 years of age or older as the state may elect under Section
7475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
8675(8)(B)(iii)), whether during that period foster care maintenance
9payments are being made on the child’s behalf or the child is
10receiving benefits or services under Section 477 of the federal
11Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
12appropriate agency staff or probation officer and other
13representatives of the participant, as appropriate, shall provide the
14youth or nonminor with assistance and support in developing the
15written 90-day transition plan, that is personalized at the direction
16of the child, information as detailed as the participant elects that
17shall include, but not be limited to, options regarding housing,
18health insurance, education, local opportunities for mentors and
19continuing support services, and workforce supports and
20employment services, a power of attorney for health care and
21information regarding the advance health care directive form.
22(C) For youth 16 years of age or older, the case plan shall
23include documentation that a consumer credit report was requested
24annually from each of the three major credit reporting agencies at
25no charge to the youth and that any results were provided to the
26youth. For nonminor dependents, the case plan shall include
27documentation that the county assisted the nonminor dependent
28in obtaining his or her reports. The case plan shall include
29documentation of barriers, if any, to obtaining the credit reports.
30If the consumer credit report reveals any accounts, the case plan
31shall detail how the county ensured the youth received assistance
32with interpreting the credit report and resolving any inaccuracies,
33including any referrals made for the assistance.
34(g) If the court finds, after considering the case plan, that
35unsupervised sibling visitation is appropriate and has been
36consented to, the court shall order that the child or the child’s
37siblings, the child’s current caregiver, and the child’s prospective
38adoptive parents, if applicable, be provided with information
39necessary to accomplish this visitation. This section does not
P59 1require or prohibit the social worker’s facilitation, transportation,
2or supervision of visits between the child and his or her siblings.
3(h) The case plan documentation on sibling placements required
4under this section shall not require modification of existing case
5plan forms until the Child Welfare Services Case Management
6System is implemented on a statewide basis.
7(i) When a child
begin delete whoend delete is 10 years of age or older and begin delete whoend delete has
8been in out-of-home placement for six months or longer, the case
9plan shall include an identification of individuals, other than the
10child’s siblings, who are important to the child and actions
11necessary to maintain the child’s relationship with those
12individuals, provided that those relationships are in the best interest
13of the child. The social worker shall ask every
14child who is 10 years of age or older and who has been in
15out-of-home placement for six months or longer to identify
16individuals other than the child’s siblings who are important to the
17child, and may ask any other child to provide that information, as
18appropriate. The social worker shall make
19efforts to identify other individuals who are important to the child,
20consistent with the child’s best interests.
21(j) The child’s caregiver shall be provided a copy of a plan
22outlining the child’s needs and services. The nonminor dependent’s
23caregiver shall be provided with a copy of the nonminor’s TILP.
24(k) On or before June 30, 2008, the department, in consultation
25with the County Welfare Directors Association of California and
26other advocates, shall develop a comprehensive plan to ensure that
2790 percent of foster children are visited by their caseworkers on a
28monthly basis by October 1, 2011, and that the majority of the
29visits occur in the residence of the child. The plan shall include
30any data reporting requirements necessary to comply with the
31provisions of the federal Child and Family Services Improvement
32Act of 2006 (Public Law 109-288).
33(l) The implementation and operation of the amendments to
34subdivision (i) enacted at the 2005-06 Regular Session shall be
35subject to appropriation through the budget process and by phase,
36as provided in Section 366.35.
If a minor has been voluntarily placed with the county
40welfare department subsequent to January 1, 1982, for out-of-home
P60 1placement by his or her parents or guardians pursuant to this
2chapter and the minor has remained out of their physical custody
3for a consecutive period not to exceed 180 days, the department shall do
5one of the following:
6(a) Return the minor to the physical custody of his or her parents
8(b) Refer the minor to a licensed adoption agency for
9consideration of adoptive planning and receipt of a permanent
10relinquishment of care and custody rights from the parents pursuant
11to Section 8700 of the Family Code.
12(c) Apply for a petition pursuant to Section 332 and file the
13petition with the juvenile court to have the minor declared a
14dependent child of the court under Section 300, in that return to
15the parental home would be contrary to the best interests of the
19(d) Refer the minor placed pursuant to paragraph (2) of
20subdivision (a) of Section 16507.3 to an interagency administrative
21review board as may be required in federal regulations. One
22member of the board shall be a licensed mental health practitioner.
23The review board shall review the appropriateness and continued
24necessity of six additional months of voluntary placement, the
25extent of the compliance with the voluntary placement plan, and
26the adequacy of services to the family and child. If the minor
27cannot be returned home by the 12th month of voluntary placement
28services, the department shall proceed pursuant to subdivision (b)
30(e) Refer the minor placed pursuant to paragraph (1) of
31subdivision (a) of Section 16507.3 to an administrative review
32board as may be required in federal regulations and as described
33in subdivision (b) of Section 16503. If the minor cannot be returned
34home by the 12th month of voluntary placement services, the
35department shall proceed as described in paragraph subdivisions
36(b), (c), or (d).
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P61 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.