AB 985, as introduced, Cooley. Aid to families with dependent children.
Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP), which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Under existing law, Kin-GAP aid is provided on behalf of any child under 18 years of age and to any eligible youth under 21 years of age who meets specified requirements, including that he or she is completing secondary education or a program leading to an equivalent credential. Existing law also allows a nonminor to continue to receive Kin-GAP aid after his or her 18th birthday if the child continues to reside in the relative’s home, remains otherwise eligible for Kin-GAP payments, and continues to attend high school or the equivalent level of vocational or technical training on a full-time basis, or continues to pursue a high school equivalency certificate, and the child may reasonably be expected to complete the educational or training program or to receive a high school equivalency certificate before his or her 19th birthday.
This bill would additionally authorize a nonminor to receive Kin-GAP benefits if he or she is 21 years of age or younger and meets any of certain criteria, including, among others, that he or she attends a postsecondary institution of higher education or is employed at least 80 hours per month. The bill would also authorize a nonminor in high school or a General Education Development program to continue to receive aid if he or she is reasonably expected to complete the educational program by his or her 20th birthday. By expanding eligibility for Kin-GAP and increasing county responsibilities in administering the program, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program.
This bill would declare that no appropriation would be made for purposes of the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11403.01 of the Welfare and Institutions
2Code is amended to read:
begin deleteOn and after January 1, 2012, a end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertnonminor
4who is receiving Kin-GAP benefits under Article 4.5 (commencing
5with Section 11360) or Article 4.7 (commencing with Section
611385) and whose Kin-GAP payments began prior to the child’s
716th birthday and who is receiving aid pursuant to those articles,
8begin delete and who is attendingend deletebegin insert may continue to receive aid pursuant to those
9
articles if the nonminor is 21 years of age or younger and meets
10any one of the following requirements:end insert
11begin insert(1)end insertbegin insert end insertbegin insertAttends end inserthigh school or the equivalent level of vocational or
12technical training on a full-time basis, or is in the process of
13pursuing a high school equivalency certificate, prior to his or her
1418th birthday,begin delete may continue to receive aid under those articles begin insert ifend insert the child continues
15following his or her 18th birthday so long asend delete
16to reside in the relative’s home, remains otherwise eligible for
P3 1Kin-GAP payments, and continues to attend high school orbegin delete the
2equivalent level of vocational or
technical trainingend delete
3Education Development (GED) programend insert on a full-time basis, or
4continues to pursue a high school equivalency certificate, and the
5child may reasonably be expected to complete the educationalbegin delete or program or to receive a high school equivalency certificate,
6trainingend delete
7before his or herbegin delete 19thend deletebegin insert 20thend insert birthday.begin delete Aidend delete
8(2) Attends a postsecondary institution of higher education or
9an
educational program leading to an equivalent credential.
10(3) Is enrolled in an institution that provides vocational
11education.
12(4) Participates in a program or activity designed to promote,
13or remove barriers to, employment.
14(5) Is employed at least 80 hours per month.
end insertbegin insert
15(6) Is unable to do any of the activities described in paragraphs
16(1) to (5), inclusive, because of a medical condition, and that
17inability is documented by regularly updated information in the
18case plan of the nonminor.
19begin insert(b)end insertbegin insert end insertbegin insertAid end insertshall be provided to an individual pursuant to this section
20begin delete provided that bothend deletebegin insert
ifend insert the individual and the agency responsible for
21the related guardianship placement have signed a mutual
22agreement, if the individual is capable of making an informed
23agreement, documenting the continued need for out-of-home
24placement.
No appropriation pursuant to Section 15200 of the
26Welfare and Institutions Code shall be made for the purposes of
27this act.
If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.
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