Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 985

Introduced by Assembly Member Cooley

February 22, 2013

An act to amend begin insert Sections 11363 and 16120 of, and to repeal end insert Section 11403.01 of begin insert , end insert the Welfare and Institutions Code, relating to begin delete CalWORKs end delete begin insert public social services end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 985, as amended, Cooley. begin delete Aid to families with dependent children. end delete begin insert Guardianship and adoption assistance. end insert

Existing law, through the Kinship Guardianship Assistance Payment Program begin delete (Kin-GAP) end delete begin insert (state end insert begin insert -funded Kin-GAP) end insert , which is a part of the CalWORKs program, provides begin delete aid end delete begin insert state end insert begin insert -funded assistance end insert on behalf of eligible children who are placed in the home of a relative caretaker. Under existing law, begin insert state end insert begin insert -funded end insert Kin-GAP aid is provided on behalf of begin delete any child under 18 years of age and to end delete any eligible youth under 21 years of age who meets specified requirements, including that begin insert his or her Kin-GAP payments began after his or her 16th birthday and end insert he or she is completing secondary education or a program leading to an equivalent credential. Existing law also allows a nonminor begin insert whose state end insert begin insert -funded Kin-GAP payments began before his or her 16th birthday end insert 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.

begin insert

Existing law, through the Kinship Guardianship Assistance Payments for Children program (federally funded Kin-GAP), provides federally funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under federal law, a child who is between 18 and 21 years of age is eligible for federally funded Kin-GAP assistance if he or she meets specified requirements, including that his or her federally funded Kin-GAP payments commenced after his or her 16th birthday.

end insert

This bill would begin delete additionally end delete begin insert instead end insert authorize a nonminor begin insert whose state end insert begin insert -funded Kin-GAP payments began prior to his or her 16th birthday end insert to receive begin insert state end insert begin insert -funded end insert 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. begin delete 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. end delete begin insert The bill would also authorize a youth who has attained 18 years of age while receiving federally funded Kin-GAP benefits and is no longer eligible for those federally funded benefits to receive Kin-GAP payments under the state program if the youth meets specified requirements. end insert By expanding eligibility for begin insert state end insert begin insert -funded end insert Kin-GAP and increasing county responsibilities in administering the program, this bill would impose a state-mandated local program.

begin insert

Existing law establishes the Adoption Assistance Program for the purpose of benefitting children residing in foster homes by providing the stability and security of permanent homes. Under existing law, a child who is between 18 and 21 years of age is eligible for the program if he or she was 16 years of age or older when the adoption assistance agreement became effective. Federal law similarly authorizes a child who is between 18 and 21 years of age to receive adoption assistance if adoption assistance began after the child reached 16 years of age.

end insert begin insert

This bill would authorize a child whose adoption assistance benefits began prior to his or her 16th birthday to receive state-funded adoption assistance until he or she is 21 years of age, if the child meets specified criteria.

end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11363 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

11363.  

(a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years
of age and to any eligible youth under begin delete 19 end delete begin insert 21 end insert years of age as
provided in Section 11403, who satisfies all of the following
conditions:

(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300 begin delete , end delete or begin delete , effective October 1, 2006, end delete a ward of
the juvenile court pursuant to Section 601 or 602.

(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under
the jurisdiction of the juvenile court or a voluntary placement
agreement.

(3) Has had a kinship guardianship established pursuant to
Section 360 or 366.26.

(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.

(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any
parent or person having an interest files with the juvenile court a
petition pursuant to Section 388 to change, modify, or set aside an
order of the court, Kin-GAP payments shall continue unless and
until the juvenile court, after holding a hearing, orders the child
removed from the home of the guardian, terminates the
guardianship, or maintains dependency jurisdiction after the court
concludes the hearing on the petition filed under Section 388.

(c) A child or nonminor former dependent or ward shall be
eligible for Kin-GAP payments if he or she meets one of the
following age criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.

begin delete

(3) Through December 31, 2011, he or she satisfies the
conditions of Section 11403, and on and after January 1, 2012, he
or she satisfies the conditions of Section 11403.01.

end delete begin delete

(4)

end delete

begin insert (3) end insert  He or she satisfies the conditions begin delete as end delete described in begin insert either
paragraph (1) or (2) of end insert subdivision (d).

begin delete

(d) Commencing January 1, 2012, state-funded Kin-GAP
payments shall continue for youths who have attained 18 years of
age and who are under 19 years of age, if they reached 16 years
of age before the Kin-GAP negotiated agreement payments
commenced, and as described in Section 10103.5. Effective January
1, 2013, Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 20 years of age, if they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced, and as described in Section 10103.5.
Effective January 1, 2014, Kin-GAP

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Kin-GAP end insert payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if begin delete they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced. To be eligible for continued payments, the
youth shall satisfy end delete begin insert the relative guardian continues to be responsible
for the support of the youth and the youth meets end insert one or more of
the conditions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.

begin insert (2) end insert begin insert   end insert begin insert A youth who has attained 18 years of age while receiving
federally funded Kin-GAP benefits pursuant to Article 4.7
(commencing with Section 11385), but is no longer eligible for
benefits under that program, shall be eligible for benefits under
this section until the youth attains 21 years of age if all of the
following conditions are met: end insert

begin insert

(A) The youth’s relationship to the kinship guardian is defined
in paragraph (1) of subdivision (c) of Section 11391.

end insert begin insert

(B) The youth was under 16 years of age at the commencement
of the Kin-GAP payments under Article 4.7 (commencing with
Section 11385) and does not have a mental or physical disability
that warrants the continuation of assistance.

end insert begin insert

(C) The guardian continues to be responsible for the support
of the youth.

end insert begin insert

(D) The youth meets one or more of the conditions of eligibility
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

end insert

(e) Termination of the guardianship with a kinship guardian
shall terminate eligibility for Kin-GAP unless the conditions in
Section 11403 apply; provided, however, that if an alternate
guardian or coguardian is appointed pursuant to Section 366.3 who
is also a kinship guardian, the alternate or coguardian shall be
entitled to receive Kin-GAP on behalf of the child pursuant to this
article. A new period of six months of placement with the alternate
guardian or coguardian shall not be required if that alternate
guardian or coguardian has been assessed pursuant to Sections
361.3 and 361.4 and the court terminates dependency jurisdiction.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11403.01 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is repealed. end insert

begin delete

11403.01.  

On and after January 1, 2012, 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 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 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. Aid shall
be provided to an individual pursuant to this section provided that
both 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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 16120 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

16120.  

A child shall be eligible for Adoption Assistance
Program benefits if all of the conditions specified in subdivisions
(a) to (l), inclusive, are met or if the conditions specified in
subdivision (m) are met.

(a) It has been determined that the child cannot or should not
be returned to the home of his or her parents as evidenced by a
petition for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26, or, in the
case of a nonminor dependent the court has dismissed dependency
or transitional jurisdiction subsequent to the approval of the
nonminor dependent, adoption petition pursuant to subdivision (f)
of Section 366.31.

(b) The child has at least one of the following characteristics
that are barriers to his or her adoption:

(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact
or by virtue of race, ethnicity, color, language, age of three years
or older, or parental background of a medical or behavioral nature
that can be determined to adversely affect the development of the
child.

(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope
of his or her profession. This paragraph shall also apply to children
with a developmental disability, as defined in subdivision (a) of
Section 4512, including those determined to require out-of-home
nonmedical care, as described in Section 11464.

(c) The need for an adoption subsidy is evidenced by an
unsuccessful search for an adoptive home to take the child without
financial assistance, as documented in the case file of the
prospective adoptive child. The requirement for this search shall
be waived when it would be against the best interest of the child
because of the existence of significant emotional ties with
prospective adoptive parents while in the care of these persons as
a foster child.

(d) The child satisfies any of the following criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.

begin delete

(3) Effective January 1, 2012, he or she is under 19 years of
age, effective January 1, 2013, he or she is under 20 years of age,
and effective January 1, 2014, he or she is under 21 years of age
and as described in Section 10103.5, and has attained 16 years of
age before the adoption assistance agreement became effective,
and one or more of the conditions specified in paragraphs (1) to
(5), inclusive, of subdivision (b) of Section 11403 applies.

end delete begin insert

(3) For federally funded Adoption Assistance Program benefits,
he or she has attained 18 years of age and is under 21 years of
age, attained 16 years of age before the adoption assistance
agreement became effective, and meets one or more of the
conditions of eligibility described in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

end insert begin insert

(4) For state-funded Adoption Assistance Program benefits, he
or she has attained 18 years of age and is under 21 years of age,
and meets one or more of the conditions of eligibility described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403.

end insert

(e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.

(f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.

(g) The department or the county responsible for determining
the child’s Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need
for, and the amount of, Adoption Assistance Program benefits.

(h) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background
check requirements pursuant to Section 671(a)(20)(A) and (C) of
Title 42 of the United States Code.

(i) To be eligible for state funding, the child is the subject of an
agency adoption, as defined in Section 8506 of the Family Code,
and was any of the following:

(1) Under the supervision of a county welfare department as
the subject of a legal guardianship or juvenile court dependency.

(2) Relinquished for adoption to a licensed California private
or public adoption agency, or another public agency operating a
Title IV-E program on behalf of the state, and would have
otherwise been at risk of dependency as certified by the responsible
public child welfare agency.

(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.

(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child,
as described in Section 366.24. Notwithstanding Section 8600.5
of the Family Code, for purposes of this subdivision a tribal
customary adoption shall be considered an agency adoption.

(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:

(1) Prior to the finalization of an agency adoption, as defined
in Section 8506 of the Family Code, or an independent adoption,
as defined in Section 8524 of the Family Code, is filed, the child
has met the requirements to receive federal supplemental security
income benefits pursuant to Subchapter 16 (commencing with
Section 1381) of Chapter 7 of Title 42 of the United States Code,
as determined and documented by the federal Social Security
Administration.

(2) The child was removed from the home of a specified relative
and the child would have been AFDC eligible in the home of
removal according to Section 606(a) or 607 of Title 42 of the
United States Code, as those sections were in effect on July 16,
1996, in the month of the voluntary placement agreement or in the
month court proceedings are initiated to remove the child, resulting
in a judicial determination that continuation in the home would be
contrary to the child’s welfare. The child must have been living
with the specified relative from whom he or she was removed
within six months of the month the voluntary placement agreement
was signed or the petition to remove was filed.

(3) The child was voluntarily relinquished to a licensed public
or private adoption agency, or another public agency operating a
Title IV-E program on behalf of the state, and there is a petition
to the court to remove the child from the home within six months
of the time the child lived with a specified relative and a subsequent
judicial determination that remaining in the home would be
contrary to the child’s welfare.

(4) Title IV-E foster care maintenance was paid on behalf of
the child’s minor parent and covered the cost of the minor parent’s
child while the child was in the foster family home or child care
institution with the minor parent.

(5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child,
as described in Section 366.24.

(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:

(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or
Indian tribal organization pursuant to either of the following:

(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.

(B) A voluntary placement agreement or a voluntary
relinquishment.

(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.

(3) He or she was residing in a foster family home or a child
care institution with the child’s minor parent, and the child’s minor
parent was in the foster family home or child care institution
pursuant to either of the following:

(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.

(B) A voluntary placement agreement or voluntary
relinquishment.

(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child,
as described in Section 366.24.

(5) The nonminor dependent, as described in subdivision (v) of
Section 11400, is the subject of an adoption pursuant to subdivision
(f) of Section 366.31.

(l) The child is a citizen of the United States or a qualified alien
as defined in Section 1641 of Title 8 of the United States Code. If
the child is a qualified alien who entered the United States on or
after August 22, 1996, and is placed with an unqualified alien, the
child must meet the five-year residency requirement pursuant to
Section 673(a)(2)(B) of Title 42 of the United States Code, unless
the child is a member of one of the excepted groups pursuant to
Section 1612(b) of Title 8 of the United States Code.

(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:

(1) The child received Adoption Assistance Program benefits
with respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the
child’s adoptive parents died and the child meets the special needs
criteria described in subdivisions (a) to (c), inclusive.

(2) To receive federal funding, the citizenship requirements in
subdivision (l).

(n) (1) Except as provided in this subdivision, “applicable child”
means a child for whom an adoption assistance agreement is
entered into under this section during any federal fiscal year
described in this subdivision if the child attained the applicable
age for that federal fiscal year before the end of that federal fiscal
year.

(A) For federal fiscal year 2010, the applicable age is 16 years.

(B) For federal fiscal year 2011, the applicable age is 14 years.

(C) For federal fiscal year 2012, the applicable age is 12 years.

(D) For federal fiscal year 2013, the applicable age is 10 years.

(E) For federal fiscal year 2014, the applicable age is eight years.

(F) For federal fiscal year 2015, the applicable age is six years.

(G) For federal fiscal year 2016, the applicable age is four years.

(H) For federal fiscal year 2017, the applicable age is two years.

(I) For federal fiscal year 2018 and thereafter, any age.

(2) Beginning with the 2010 federal fiscal year, the term
“applicable child” shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf
of the child under this section if the child meets both of the
following criteria:

(A) He or she has been in foster care under the responsibility
of the state for at least 60 consecutive months.

(B) He or she meets the requirements of subdivision (k).

(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:

(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).

(B) He or she is to be placed in the same adoption placement
as an “applicable child” for the federal fiscal year who is their
sibling.

(C) He or she meets the requirements of subdivision (k).

begin delete

SECTION 1.  

Section 11403.01 of the Welfare and Institutions
Code is amended to read:

11403.01.  

(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, 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, 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 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 program or to receive a high school
equivalency certificate, before his or her 20th birthday.

(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
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.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for the purposes of
this act.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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.