BILL NUMBER: AB 985 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cooley
FEBRUARY 22, 2013
An act to amend Section 11403.01 of the Welfare and Institutions
Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 11403.01 of the Welfare and Institutions Code
is amended to read:
11403.01. On and after January 1, 2012, a
(a) A nonminor who is receiving Kin-GAP
benefits under Article 4.5 (commencing with Section 11360) or Article
4.7 (commencing with Section 11385) and whose Kin-GAP payments began
prior to the child's 16th birthday and who is receiving aid pursuant
to those articles, and who is attending may
continue to receive aid pursuant to those
articles if the nonminor is 21 years of age or younger and meets any
one of the following requirements:
(1) Attends high school or the
equivalent level of vocational or technical training on a full-time
basis, or is in the process of pursuing a high school equivalency
certificate, prior to his or her 18th birthday, may continue
to receive aid under those articles following his or her 18th
birthday so long as 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 a
General Education Development (GED) program 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
20th birthday. Aid
(2) Attends a postsecondary institution of higher education or an
educational program leading to an equivalent credential.
(3) Is enrolled in an institution that provides vocational
education.
(4) Participates in a program or activity designed to promote, or
remove barriers to, employment.
(5) Is employed at least 80 hours per month.
(6) Is unable to do any of the activities described in paragraphs
(1) to (5), inclusive, because of a medical condition, and that
inability is documented by regularly updated information in the case
plan of the nonminor.
(b) Aid shall be provided to an
individual pursuant to this section provided that both
if the individual and the agency responsible for
the related guardianship placement have signed a mutual agreement,
if the individual is capable of making an informed agreement,
documenting the continued need for out-of-home placement.
SEC. 2. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for the purposes of this act.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.