BILL NUMBER: AB 985 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
INTRODUCED BY Assembly Member Cooley
FEBRUARY 22, 2013
An act to amend Sections 11363 and 16120
11386 of, and to repeal Section 11403.01 of, the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 985, as amended, Cooley. Guardianship and adoption assistance.
Existing law, through the Kinship Guardianship Assistance Payment
Program (state-funded Kin-GAP), which is a part of the CalWORKs
program, provides state-funded assistance on behalf of eligible
children who are placed in the home of a relative caretaker. Under
existing law, state-funded Kin-GAP aid is provided on behalf of any
eligible youth under 21 years of age who meets specified
requirements, including that his or her Kin-GAP payments began after
his or her 16th birthday and he or she is completing secondary
education or a program leading to an equivalent credential. Existing
law also allows a nonminor whose state-funded Kin-GAP payments began
before his or her 16th birthday to continue to receive Kin-GAP aid
after his or her 18th birthday if the child
he or she 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 is
reasonably be expected to complete the
educational or training program or to receive a high school
equivalency certificate before his or her 19th birthday.
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.
This bill would instead authorize a nonminor whose state-funded
Kin-GAP payments began prior to his or her 16th birthday to receive
state-funded 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 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.
The bill would also require a county social worker, in
redetermining the eligibility of a child receiving state or federally
funded Kin-GAP, to determine whether the child has a mental or
physical disability that warrants the continuation of assistance
beyond the child's 18th birthday. By expanding eligibility for
state-funded Kin-GAP and increasing county responsibilities in
administering the program, this bill would impose a state-mandated
local program.
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.
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.
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 11363 of the Welfare and Institutions Code is
amended to read:
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 21 years of age as provided in
Section 11403, who satisfies all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300 or a ward of the juvenile court pursuant to
Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall continue unless and until the
juvenile court, after holding a hearing, orders the child removed
from the home of the guardian, terminates the guardianship, or
maintains dependency jurisdiction after the court concludes the
hearing on the petition filed under Section 388.
(c) A child or nonminor former dependent or ward shall be eligible
for Kin-GAP payments if he or she meets one of the following age
criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) He or she satisfies the conditions described in either
paragraph (1) or (2) of subdivision (d).
(d) (1) Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if the
relative guardian continues to be responsible for the support of the
youth and the youth meets one or more of the conditions specified in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403.
(2) 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:
(A) The youth's relationship to the kinship guardian is defined in
paragraph (1) of subdivision (c) of Section 11391.
(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.
(C) The guardian continues to be responsible for the support of
the youth.
(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.
(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.
(f) At the time of redetermination of eligibility closest to the
child's 18th birthday, the county social worker shall determine
whether the child has a mental or physical disability that warrants
continuation of assistance pursuant to paragraph (2) of subdivision
(c).
SEC. 2 . Section 11386 of the
Welfare and Institutions Code is amended
to read:
11386. Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19 years
of age, as provided in Section 11403, under all of the following
conditions:
(a) The child satisfies both of the following requirements:
(1) He or she has been removed from his or her home pursuant to a
voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home would
be contrary to the welfare of the child.
(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section 11400)
while 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.
(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.
(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to caring
permanently for the child and, with respect to the child who has
attained 12 years of age, the child has been consulted regarding the
kinship guardianship arrangement.
(d) The child has had a kinship guardianship established pursuant
to Section 360 or 366.26.
(e) The child has had his or her dependency jurisdiction
terminated 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.
(f) If the conditions specified in subdivisions (a) through (e),
inclusive, 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 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.
(g) A child or nonminor former dependent or ward shall be eligible
for Kin-GAP payments if he or she meets one of the following age
criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4)
(3) He or she satisfies the conditions as described in
subdivision (h).
(h) Effective January 1, 2012, Kin-GAP payments shall continue for
youths who have attained 18 years of age and are under 19 years of
age, if they reached 16 years of age before the Kin-GAP negotiated
agreement payments commenced, and as described in Section 10103.5.
Effective January 1, 2013, Kin-GAP payments shall continue for youths
who have attained 18 years of age and are under 20 years of age, if
they reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced, and as described in Section 10103.5. Effective
January 1, 2014, Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced. To be eligible for continued payments, the youth
shall satisfy one or more of the conditions specified in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403.
(i) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP, unless the conditions of 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 Section 361.3 and Section
361.4 and the court terminates dependency jurisdiction, subject to
federal approval of amendments to the state plan.
(j) At the time of redetermination of eligibility closest to the
child's 18th birthday, the county social worker shall determine
whether the child has a mental or physical disability that warrants
continuation of assistance pursuant to paragraph (2) of subdivision
(g).
SEC. 2. SEC. 3. Section 11403.01 of
the Welfare and Institutions Code is repealed.
SEC. 3. Section 16120 of the Welfare and
Institutions Code is amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26, or, in the
case of a nonminor dependent the court has dismissed dependency or
transitional jurisdiction subsequent to the approval of the nonminor
dependent, adoption petition pursuant to subdivision (f) of Section
366.31.
(b) The child has at least one of the following characteristics
that are barriers to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, age of three years or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability, as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care, as described in Section 11464.
(c) The need for an adoption subsidy is evidenced by an
unsuccessful search for an adoptive home to take the child without
financial assistance, as documented in the case file of the
prospective adoptive child. The requirement for this search shall be
waived when it would be against the best interest of the child
because of the existence of significant emotional ties with
prospective adoptive parents while in the care of these persons as a
foster child.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) 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.
(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.
(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).
SEC. 4. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for the purposes of this act.
SEC. 5. 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.